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HomeMy WebLinkAbout10-1813F(LCG-; r I;?E . r ?F,c F 2010 MAR 1 2 Pli 2: 53 - 11 A NICOLE M. ANACKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2010 - IV 3 CIVIL TERM PARRISH A. ANACKER, 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 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. AAJ ee ?01 35&U l NICOLE M. ANACKER, : IN THE C01URT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2010- CIVIL TERM PARRISH A. ANACKER, Defendant. IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO 'IONS 3301(C) AND QD OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Nicole M. Anacker, by and through her attorneys, Irwin, & McKnight, P.C., and files this Complaint in Divorce against the Defendant, Parrish A. Anacker, representing as follows: 1. The Plaintiff is Nicole M. Anacker, an adult individual residing at 26 Greenfield Drive, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Parrish A. Anacker, an adult individual currently residing at 67 Marilyn Drive, Carlisle, Cumberland County, Pennsylvania 17013. 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 Plaintiff and the Defendant were married on September 12, 1998 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she 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. 8. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Date: March 4, 2010 By: Respectfully submitted, IRWIN & McKNIGHT Marc* A. M fight, II, Esquire Supreme Court.D. No. 5476 West Pomfret Pr al Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. NICOLE M. ANACKER Date: March 4, 2010 NICOLE M. ANACKER, Plaintiff, V. PARRISH A. ANACKER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2010- CIVIL TERM 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. 77> Date: March 4, 2010 NICHOLE M. ANACKER NICOLE M. ANACKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2010 - 1813 CIVIL TERM N 4 PARRISH A. ANACKER, 7, Defendant. IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO 1920.4 (a)(1)(i) r? ? ? rr COMMONWEALTH OF PENNSYLVANIA'. . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, 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 captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Parrish A. Anacker, on or about March 15, 2010, by certified, restricted delivery mail, addressed to him at 67 Marilyn Drive, Carlisle, Pennsylvania 17013, with Return Receipt Number 7003 3110 0004 5768 1442. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit ar true and correct. I understand that false statements herein made are subject to the penalties 8 Pa. C tion 4904, relating to unsworn falsification to authorities. /1 Date: March 22, 2010 MARCUS A. McKNIGHT, III, ESQUIRE Attorney for Plaintiff On this, the 22nd of March 2010, before me, the undersigned officer, personally appeared Marcus A. McKnight, III, Esq., known to me to be the person whose name is subscribed to the above instrument and acknowledge that he executed same for TH th#purpope the ' con ' ed. OF PENNSYLVANW Q Notaft MWft L. NW, ? Pubk b c cad" am, Cumoer ww Canty 9spt 18, 2011 r'U ? .1AWRAW RI -0 rlN*A)O L n P.M. $ O carm d Fee C3 O o e (End aetnern Req.( d estrkted Delhrery Fee rM (E ` r-q M Total Postage & Fees $ O. M E3 o t O MR PARRISH A ANA r` (?lRILYN DRIVE ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Prkd 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: > on°i UNn,,, m N-+ r o P ?-; T pp 3? l l N ?} p 3 ? y O 9 rn N Q J N Q 0 wo Om M ? Agent B. Received by (Printed Name) `C. Dale of Dstiwry D. Is delivery address different from item 1? ? Yes If YES, enter delivery address below: ? No UK PARRISH A ANACKIR 67 MARILYN DRIVE gWISLE PA 17013 3. Service Type W Certified Mail ? Express Mail ? Registered MI letum Receipt for Merchandise O Insured Mail ? C.O.D. Delivery? Mkrra Fee) 2. Amide Number 7003 3110 0004 5768 1442 (transfer from service /abet) Ps Form 3811, February 2004 Donwdlc Re4um Receipt 102595-02-M-1540 FILED-OFFICE OF THE PROTHONOTARY 2010 NOV 24 PM 3: 25 CUMBERLAND COUNTY PENNSYLVANIA NICOLE M. ANACKER, Plaintiff, V. PARRISH A. ANACKER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2010 - 1813 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: November 23, 2010 NI LE M. ANACKER Plaintiff rHE FILED-OFFICE OF T PROTHONOTARY 2010 NOY 24 PM 3: 2 S CUMBERLAND COUNTY PENNSYLVANIA NICOLE M. ANACKER, Plaintiff, V. PARRISH A. ANACKER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2010 - 1813 CIVIL TERM IN DIVORCE SECTION 3301(c) OF THE DIVORCE CODE 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: November 23, 2010 NICOLE M. ANACKER Plaintiff OF THE PROTHONOTARY 2010 NOY 24 PM 3: 25 CUMBERLAND COUNTY PENNSYLVANIA NICOLE M. ANACKER, Plaintiff, V. PARRISH A. ANACKER, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2010 - 1813 CIVIL TERM 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Date: fl 23 -/d PARRISH A. ANACKER Defendant OF THE PROTHONOTARY 2010 NOV 24 PM 3: 25 CUMBERLAND COUNTY PENNSYLVANIA NICOLE M. ANACKER, Plaintiff, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2010 -1813 CIVIL TERM PARRISH A. ANACKER, Defendant. IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: PARRISH A. ANA R Defendant OF THE PROTHONOTARY 2010 NOV 24 PM 3: 25 CUMBERLAND COUNTY PENNSYLVANIA NICOLE M. ANACKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2010 - 1813 CIVIL TERM PARRISH A. ANACKER, Defendant. IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, 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. Date: /r- Z3 -!d PARRISH A. ANACKER Defendant OF }tE 'fp14THON TARY 2010 NOV 24 PM 3: 26 CUMBERLAND COUNTY PENNSYLVANIA NICOLE M. ANACKER, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2010 - 1813 CIVIL TERM PARRISH A. ANACKER, Defendant. IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD 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) and or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Parrish A. Anacker, on or about March 15, 2010, by certified, restricted delivery mail, addressed to him at 67 Marilyn Drive, Carlisle, Pennsylvania, 17013, with Return Receipt Number 7003 3110 0004 5768 1442. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by plaintiff: Novemer 23, 2010; by defendant: November 23, 2010. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (b)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 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: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: November 23, 2010. Date defendant's Waiver of Notice in Section 33 c) Divorce w filed with the Prothonotary: November 23, 2010. Marc s A. McKnig t, II ire Attorne laintiff Date: November 23, 2010 NICOLE M. ANACKER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PARRISH A. ANACKER No. 2010 - 1813 Civil Term DIVORCE DECREE AND Now, WIDA EI, 30, , it is ordered and decreed that NICOLE M. ANACKER plaintiff, and PARRISH A. ANACKER , 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.") None. By the Court, Attest: % J. Prothonotary i M • lyz, ? q0- 001,I) ,