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Home My WebLink About09-7635 HAZEL S. PIERCE, Plaintiff V. STEPHEN J. PIERCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 f-4 3S CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 46 __AOM CSC" KU ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-09(N) HAZEL S. PIERCE, Plaintiff V. STEPHEN J. PIERCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 9- 7 `3 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Hazel S. Pierce, who currently resides at 1428 Maplewood Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Stephen J. Pierce, who currently resides at 1428 Maplewood Drive, New Cumberland, Cumberland County, Pennsylvania 17070. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 26, 1972 in Philadelphia, Philadelphia County, Pennsylvania. 46 COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §§3301(a), (c) and 3301(d), in that: a. Plaintiff is the innocent and injured spouse as the Defendant has committed adultery. b. The marriage is irretrievably broken. c. Plaintiff and Defendant have lived separate and apart since November 5, 2009 and continue to do so. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 9. The Plaintiff in this action is not a member of the Armed Forces; however the Defendant was a member of the Armed Forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from February 26, 1972, until November 5, 2009, the date of their separation, which property is "marital property" 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. Respectfully submitted, DATE ABOM&KUTUTAxr,S L.L.P. & ?-k 11 .0 L..V Michelle L. So er, Esquire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff A6 I, HAZEL S. PIERCE, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. 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 ?I/4J /a9 - '64?Z?,J' QPACZ4? HAZE S. PIERCE AND NOW, this 5th day of November, 2009, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint, upon the Defendant by depositing, or causing to be deposited, same in the United States Mail, Certified mail and First-class mail, postage prepaid addressed to the following: Stephen J. Pierce 1428 Maplewood Drive New Cumberland, PA 17070 Respectfully submitted, ABOM & KUTULAKi,S L.L.P. 1 V-4 11-' Michelle L. Somme squire Supreme Court ID No. 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ,.,jF THc ?^TaFY 2909 NOV --S -1;111: 00 r c-1"i ?33S.sv lf3ro T? C. 111 yF A,-, j33oa--te ~~BOM ~' LITLILAKIS v Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (7]7)249-0900 HAZEL S. PIERCE, Plaintiff v. STEPHEN J. PIERCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-7635 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Michelle L. Sommer, Esquire, hereby certify- that I did serve a true and correct copy of the Complaint under Sections 3301 (a), (c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Stephen J. Pierce, of New Cumberland, Pennsylvania, addressed as follows: Stephen J. Pierce 1428 Maplewood Drive New Cumberland, PA 17070 Return card acknowledging receipt on November 7, 2009 is attached as Exhibit "A". ABOMc~KUTULAKIS, LLP Date: ~ ~ ~~ UG Michelle L. Somme ,Esquire Attorney LD. No: 93034 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaint ^ Complete 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 mailpiece, or on the front if space permits. 1. Article Addressed to: S ~~~~ ~4.2~ ~ le ~~ ~~l ~~ , I~~~~ A. Si ture / ~ ^ A ent ,/ - 9 ., = ~ ~ ^ Addressee B. eceived by (Printed Name) C. Date of DelNery li- 7~ ~9 D. Is delivery address d'rfferent from Rem 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ^ Cert'rfied Mail ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 2. Article Number 7008 183^ O~D3 5942 587 (Transfer from service label) / PS Form 3811, February 2004 Domestic Return Receipt 102585-02-M-1540 ..e EXHIBIT `A" F!- ~~-t~~~ i;~ 2D`J~ ~~~i~ ~ 0 {'i 1 ~~ i ;~ C~,i~ ._ ._ _ . ~ '~~ ~ 1' ABOM ?' ICuTUr.axis Michelle L. Sommer; Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 HAZEL S. PIERCE, Plaintiff V. STEPHEN J. PIERCE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA 3 ? NO. 09-7635 CIVIL TERM = G o C C) CIVIL ACTION - LAW n I ?, rya IN DIVORCE = t_; AFFIDAVIT OF CO SENT N 1. A Complaint in divorce under §§ 3301(c) and 3301(d) of the Divorce Code was filed on November 5, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Dater HAZE S. PIERCE, Plaintiff Alom & KLITULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 HAZEL S. PIERCE, Plaintiff V. STEPHEN J. PIERCE, Defendant rn CO ? - rri r- - 7D G ) 0m ,- 7?) z=J r PI D , Cam; -t CD :x.-n - CS'1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA . NO. 09-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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: Hazel . PIERCE, Plaintiff Aom ?' TUr_nras Michelle L. Sommer, Esquire AttorneyLD. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 HAZEL S. PIERCE, Plaintiff V. STEPHEN J. PIERCE, Defendant c ?n 1'- ? C11 +? . C Ca IN THE COURT OF COMMON4LQS -?'r ' CUMBERLAND COUNTY, PA NO. 09-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in divorce under §§ 3301(c) and 3301(d) of the Divorce Code was filed on November 5, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verifv 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: zz' f k STEP J. PI E AM &' Nul TULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 HAZEL S. PIERCE, Plaintiff V. STEPHEN J. PIERCE, Defendant C- - M , t Cn "J ;z c: - IN THE COURT OF COMMON PLEA! r-, CUMBERLAND COUNTY, PA NO. 09-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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: t / / xt4 Q- STEPHE J. PIE E, Defendant Alom' ULAKlS Michelle I,. Sommer, Esquire Attomev I.D. No.: 93034 2 West I ligh Street Carlisle, Pennsvh-ania 17013 (717) 249-0900 HAZEL S. PIERCE, Plaintiff v. ?a C= 17) t MW =M ?? :a. M u rn C"7 'r = -r- C7) ; ,, ' ., L ; IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-7635 CIVIL TERM STEPHEN J. PIERCE, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT TH REfDRn To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1) Ground(s) for Divorce: a) Irretrievable Breakdown under §3301(c) and (d) of the Divorce Code. 2) Date and manner of service of the Complaint: a) November 7, 2009, by Certified Mail/Restricted Delivery. 3) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a) by Plaintiff.: August 5, 2011; by Defendant:: August 1, 2011. 4) Related claims pending: a) Post-Nuptial and Marital Settlement Agreement dated March 14, 2011, is incorporated but not merged into the Divorce Decree. 5) Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a) by Plaintiff August 5, 201 l; by Defendant: August 5, 2011. Respectfully submitted, ?y LABOM&KKuTuLAKis, LP DATE ??? I ( f Michelle L. Som , Esquire Supreme Court ID #93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HAZEL S. PIERCE V. STEPHEN J. PIERCE NO. 09-7635 DIVORCE DECREE AND NOW, ?,. r !0 2 o N , it is ordered and decreed that HAZEL S. PIERCE , plaintiff, and STEPHEN J. PIERCE 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.") The Post Nuptial and Marital Settlement Agreement dated March 14, 2011, is incorporated but not merged. By the Court, /? 144', J. id 4e-1 Prhonota ry y Wdl'lec? slo v/1W°r- 8 y ma/ 'led 7LV ?jo,h e,9 4