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Home My WebLink About10-1357 FILED-0iTA,RY C)': THE NATHAN C. WOLF, ESQUIRE 2010 F EB 24 Ni 1: 33 ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 to . _ (717) 2414436 -;. t. ATTORNEY FOR PLAINTIFF BRIAN E. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRACI L. FUNK, : NO.2010 - /357 CIVIL TERM Defendant : IN DIVORCE NOTICE 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 in 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, 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 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 Street Carlisle, Pennsylvania 17013 717-249-3166 #q, t5;? ?o 4V? woM (k -t' ?W* 0,0 11 d 31 ?'7-7 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BRIAN E. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRACI L. FUNK, : NO. 2010 - 13 y7 CIVIL TERM Defendant : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Brian E. Funk, an adult individual residing at 255 Gameland Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Traci L. Funk, an adult individual residing at 255 Gameland Road, Newville, Cumberland County, Pennsylvania 17241. 3. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on June 17, 1989, in Bloserville, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. N WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable Court may deem equitable and just. I verify that the statements made in this Complaint 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. Fe h -312010 Brian E. Funk, Plaintiff WOLF & WOLF, Aty*rneys at Law 2010 BY: AHAN G`-. , ESQUIRE #87380 Supreme C ;?eet 10 West h Carlisle, Ivz(nsylvania 17013 (717) 241-4436 Attorney for Plaintiff NATHAN C. WOLF, ESQUIRE ?? p [?24 ? i ATTORNEY ID NO. 87380 U r 3 3 10 WEST HIGH STREET CARLISLE PA 17013 C, vi1f3 - 1 1 1 (717) 2414436 ATTORNEY FOR PLAINTIFF BRIAN E. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRACI L. FUNK, : NO. 2010 - I 527 _CIVIL TERM Defendant : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary s Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L? ,2010 BRI E. FUNK, Plaintiff f;,` , FIL~i~-~:rt=~u 20101" EB 25 ~'~~ I ~ 34 NATHAN C. WOLF, ESQUIRE ATTORNEY ID N0.87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF +~ i i ~ ,.li i . . BRIAN E. FUNK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. TRACI L. FUNK, Defendant CIVIL ACTION -LAW N0.2010 -1357 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO.1920.4 (a)f1)(i) NOW, Nathan C. Wolf, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about February 25, 2010, by certified mail "restricted delivery," addressed to the defendant at 255 Gameland Road, Newville, Pennsylvania 17241 return receipt No. 7006 2760 0002 7412 1618. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ~G, 2010 ~. 0 3 W 3 J Q G1 N O O ~P S 3 c 3 m, .o 0 N N :' JUL 3 0 2010 BRIAN E. FUNK VS. TRACT L. FUNK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2010- t 35'7 20 Defendant MOTION FOR APPOINTMENT OF MASTER Traci L. Funk Defendant ,moves the court to appoint a master with respect to the following claims: ^ Divorce ^X Distribution of Property ^ Annulment ^ Support ^ Alimony X^ Counsel Fees ^ Alimony Pendente Lite ^X Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested. 2. The defendant has appeared in the action (personally) (by his atorney,_ Katie J. Maxwell ,Esquire). 3. The staturory ground (s) for divorce is Irreconciliable differences. 4. Delete the inapplicable paragraph (s): A ^ B ^X C ^ a. The action is not contested. C') b. An aereement has been reached with respect to the followine claims: C'- o '~ c_ ~.. , _-,~, -~ ~ C. The action is contested with respect to the following claims: ~, Distribution of property, counsel fees, costs and expenses. ~ 5. The action does not involve complex issues of law or fact. ~ - ^.' ' ` 6. The hearing is expected to take one half day SELECT ONE `_~? "~ ~? C.:: 7. Additional information, if anv, relevant to the motion: Date: July 29, 2010 ~/~ Attorney for De nda t Katie J. Maxwell, Esquire Print Name ORDER APPOINTING MASTER AND NOW , 20_~ , ~+Gr~r _~;~.~t~ Esquire, is appointed master with respect to the following claims: f ~ ~i+-~~+ar~ ~~-,,~~~L~, BSI I~t/~ ... €'~. i a' ~ r~' ~;" ~loZ Wd o~ -ln~ 010 ~J ;~~_ .1 i _. ='~- Plaintiff By the i/ourt, `A l J. 6 £S rn~.t l~c~ ~ K ~uw~CL l~~ A> • !-Jv C~ ~' .>T U l !U ~~ F:\FILES\CGonis\13774 Funk\13774.1.pra1 + Reviscd: 7/28/10 1aOPM Katie J. Maxwell, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES I.D. 206018 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant ~J f - .. ._ ~-. a?~l D JUG oZR P/K 3: ~3 GIMP++ ~~~ _. _ ;43~~{ ~, - i" L--~ - i ~ t i 1?j's BRIAN E. FUNK, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-1357 CIVIL ACTION -LAW TRACI L. FUNK, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter the appearance of Katie J. Maxwell, Esquire, of MARTSON LAW OFFICES, on behalf of the Defendant in the above matter. MARTSON LAW OFFICES B •~ Y Katie .Maxwell uire l0 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: ~ 2.~ I ~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Nathan C. Wolf, Esquire 10 West High Street Carlisle, PA 17013 MARTSON LAW OFFICES By cia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: ~7r °?~a BRIAN E. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRACI L. FUNK, : NO. 2010 -1357 CIVIL TERM. Defendant : IN DIVORCE C=p ?z PLAINTIFF'S AFFIDAVIT OF CONSENT 4 b ° ,0 Z d 3 C) Z-..: C Zin qta 1 . A complaint in divorce under Section 3301(c) of the Divorce Code wmatter on or about February 24, 2010 and served upon defendant on February 2 , 2R0 e affidavit of service filed February 26, 2010). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. CD? 2010 BRI E. FUNK BRIAN E. FUNK, Plaintiff V. TRACI L. FUNK, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW Defendant : NO. 2010 -1357 CIVIL TERM : IN DIVORCE Cl) -i x r m C-J ! a ? zd = - rn 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. Section 4904 relating to unsworn falsification to authorities. 7 , 2010 BRIAN E. FUNK BRIAN E. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANI C= Y' V. : CIVIL ACTION - LAW e - rn m-, r TRACI L. FUNK, : NO. 2010 -1357 CIVIL TERM C?' + -M I , Defendant : IN DIVORCE co a? r. C4 --a crr DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 24, 2010 and served upon defendant on February 25, 2010 (see affidavit of service filed February 26, 2010). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. -D gGem&Z a , 2010 BRIAN E. FUNK, Plaintiff V. TRACI L. FUNK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW -0P • ?tz3 NO. 2010 -1357 CIVIL TERM rn IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST .p ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. r? 539 i co -a W -a `n +d? 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. Section 4904 relating to unsworn falsification to authorities. -Pg-G f/" f-Z- 9 , 2010 BRIAN E. FUNK, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRACI L. FUNK, : NO. 2010 - 1357 CIVIL TERM Defendant : IN DIVORCE ORDER OF COURT AND NOW this U' day of Agjne, 2010, it appearing that the parties have resolved any outstanding claims by way of marital settlement agreement, the appointment of E. Robert Elicker, H, Esquire as Divorce Master, as to any claims, is hereby VACATED. BY THE COURT: ; A, J• distribution: Nothan C. Wolf, Esquire ie J. Maxwell, Esquire 1 ?' ? /'1'19 l? ? c? rC- ,it ? Ili Cn C3 ?vr 1 ? - C Dn Z _p C= C:) On. rnw ;0 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF OF THE PROTHONOTARY 2010 DEC 21 AM 11:5 3 'CUMBERLAND COUNTY BRIAN E. FUNK, : IN THE COURT OF COMM LEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW TRACI L. FUNK, : NO. 2010 -1357 CIVIL TERM Defendant : IN DIVORCE 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: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: On or about February 25, 2010, defendant was served with a copy of the divorce complaint via certified mail, restricted delivery. (See Affidavit of Service previously filed, February 26, 2010.) 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff December 7, 2010 By the defendant: December 8, 2010 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 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: N/A. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: December 7, 2010 Date defendant's Waiver of Notice in Sec 33301(c) divorce was filed with the Prothonotary: December 8, 2010 December 9, 2010 5Pt. WOLF for Plaintiff BRIAN E. FUNK IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TRACI L. FUNK : NO. 2010-1357 DIVORCE DECREE AND NOW, at , -aa/0 , it is ordered and decreed that BRIAN E. FUNK TRACI L. FUNK bonds of matrimony. plaintiff, and defendant, are divorced from the 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 marital settlement agreement executed December 8, 2010 is incorporated but not merged into the instant decree. By the Court, Att t: J. rothonotary ?a?a7llo ~ Cert. Copy{ rnaLW fa Na+haA Gt of , Eat OVA