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Home My WebLink About09-5358LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Betty Lou Harlan BETTY LOU HARLAN Plaintiff VS. BRIAN PHILIP HARLAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . No. 04 - 5358 Cjvi I -Far M : CIVIL ACTION -LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary's at: Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Betty Lou Harlan BETTY LOU HARLAN Plaintiff vs. BRIAN PHILIP HARLAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . No. c CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Betty Lou Harlan, an adult individual who currently resides at 818 Yorkview Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055 and whose social security number is 164-40-7016. 2. The Defendant is Brian Philip Harlan, an adult individual, who currently resides at 285 New Bloomfield Road, Duncannon, Perry County, Pennsylvania 17020 and whose social security number is 195-38-9233. 3. Plaintiff and Defendant were married on August 23, 1969 in Harrisburg, Dauphin County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. There are no minor children born of the marriage. 9. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 10. Plaintiff avers that the grounds on which this action is based are as follows: (a.) That the parties have lived separate and apart for a period of at least two years, said date of separation being June of 2005, and (b.) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: Ju 30, 2009 r VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn farsification to authorities. &-F,44 OU'" cA' BETTY LOU HARLAN Date: June 29, 2009 07 'r' F'-1 •a 1 1`, ? IL-uq **338.5o p? C K:v 330`7 M* aa8(O73 BETTY LOU HARLAN, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2009 - 5358 Civil Term n 0 BRIAN PHILIP HARLAN, CIVIL ACTION - LAW ? Defendant IN DIVORCE C_ NOTICE j If you wish to deny any of the statements set forth in this affidavit, pbu'ust file a counter-affidavit within twenty days after this affidavit has been served upon you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June, 2005, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: l9tic Betty ou Harlan, Plaintiff or- T tt^ r 2Of99 JJ' 3 ! P l 9 36 1 I..?k 1 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Betty Lou Harlan BETTY LOU HARLAN : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. BRIAN PHILIP HARLAN Defendant : NO 09-5358 : CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Complaint in Divorce and Affidavit of Plaintiff Under Section 3301(d) of the Divorce Code was served upon the Defendant, Brian Philip Harlan First Class, Certified mail, Return Receipt Requested, Article No.7007 2680 0002 9608, by depositing the same at the Post Office at Harrisburg, Pennsylvania addressed Brian Philip Harlan, 285 New Bloomfield Road, Duncannon, PA 17020. Attached hereto is the original receipt executed by Brian Philip Harlan dated August 10, 2009. y sybmitted, Y: Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attachment Date: September 22, 2009 ¦ Oomplets Items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpieoe, or on the front If space permits. 1. Article Addressed to: &'Rir) Pki,P 4-Q.V?iA as fvew 610ch'nRelot P. 00-ACAr, nor,, PA- l7oAo 4ddP'QC'5ee' (!Dn - J S_ l?1 re X e• ["'-00 Addressee Received by ( ted a?ne D. Is delivery address different 11 If YES, enter delivery address 1V0 3. Service Type Miffed Mail C3 Express Mail O Registered ;ElWketum Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Exha Fee) >121:'es 2. ArUcis Number (h 7007 2680 0002 3820 9608 awsfiM ssrv/oe IlsbeQ Ps Form 3811, February 2004 Domestlc Return Receipt 102595-02-WI540 ?e++y 1-00 Hrpln., 213 2'--'? 25 dt v r - .,q% BETTY LOU HARLAN Plaintiff, VS. BRIAN PHILIP HARLAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO 09-5358 : CIVIL ACTION -LAW : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: Brian Philip Harlan 285 New Bloomfield Road Duncannon, PA 17020 DEFENDANT You have been sued in an action for divorce. You have failed to answer the Complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after September 18, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date, or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. J, . -ti YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 DATED: August 30, 2009 ?- ?; .: ? r.. r` ri ? ?, .,*? ?, ,pro ,? n? ?^??i3 G- i' ?f?? ,rat L ;_ 4 t?'.-.? _ BETTY LOU HARLAN Plaintiff, VS. BRIAN PHILIP HARLAN Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO 09-5358 CIVIL ACTION -LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I opposed the entry of a divorce decree because: Check (i), (ii), or both: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. I . I I" (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other property. If I fail to do so before the date set forth on the- Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claim. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Brian Philip Harlan, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter affidavit. I-V Tir" ;) 2- -J7 G'' BETTY LOU HARLAN Plaintiff, VS. BRIAN PHILIP HARLAN Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 09-5358 CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: ( X ) 3301 (d) of the Divorce Code. Strike out inapplicable section) 2. Date and manner of service of the complaint: By Certified Mail on August 10, 2009. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, N/A; by Defendant, N/A. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: July 30, 2009. (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: Certified Mail on August 10, 2009 4. Related claims pending: None. 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: August 30, 2009 by regular mail. (b) Date of Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in 3301(c) divorce was filed with the Prothonotary: Respectfully submitted, 'lliane M. DSK, Esquire 1400 N. Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: September 23, 2009 71j ri`ri IN THE COURT OF COMMON PLEAS OF BETTY LOU HARLAN CUMBERLAND COUNTY, PENNSYLVANIA . V. BRIAN PHILIP HARLAN : NO 09-5358 DIVORCE DECREE AND NOW1 61-14W I?-;" it is ordered and decreed that BETTY LOU HARLAN plaintiff, and BRIAN PHILIP HARLAN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") &k%tk- By the Court, C?vY^ Attest: J. AII& Prothonotary 16, d,4171,? n.? ? k ti