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Home My WebLink About10-2684RtED-C r ICE OF rNE pe ,Ot-i ??aOTAPY 2010 APR 22 Ail l ! - 51 CC?k)' IN Ty MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff JAMES C. BYERLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-ol(aa W ?Wil Ierpf DIANE D. BYERLY, CIVIL ACTION - LAW Defendant 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 at the 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 11.50 Pb A7?f cx* 41035 I2# ayo497 , G 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 INFORMATON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. 717.249.3166 MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff JAMES C. BYERLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. DIANE D. BYERLY, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is James C. Byerly, who has resided at 2908 Westbury Court, Unit 802, Camp Hill, Cumberland County, Pennsylvania, for the last seven (7) months. 2. Defendant is Diane D. Byerly, who has resided at 1749 Olmstead Way, Camp Hill, Cumberland County, Pennsylvania, for the last nineteen (19) years. 3. 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 June 10, 1972, in Shiremanstown, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. COUNT I - GROUNDS FOR DIVORCE 9. Paragraphs 1 through 8 of this Complaint are incorporated herein as if set forth at length. 10. The Plaintiff avers that the grounds on which the action is based are as follows: a. The marriage of the parties is irretrievably broken; b. The parties separated on or about July 23, 2009; and c. At the appropriate time, Plaintiff will submit an affidavit alleging that the parties have lived separate and apart for a period of at least two years. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of this Complaint are incorporated herein as if set forth at length. 12. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 of the Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court: a. Enter a decree of divorce; b. Equitably distribute all property, both personal and real, owned by the parties; C. Grant such further relief as the Court may deem equitable and just. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES Date: April 20, 2010 By: MARIA P.'CgGI ETTI, ESQUIRE Attorney I.D. N0.''27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Plaintiff VERIFICATION I, JAMES C. BYERLY, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to un-sworn falsification to authorities. DATE: Q JAMES C. BYERLY, IN THE COURT OF COMMON PLEA ° S.r ,, ~Y' Plaintiff :CUMBERLAND- COUNTY, PENNSi~'A , , =~ ~ ~~ ~ c~ ~r~~ v. :DOCKET NO. 10-2684 ~~ o o co DIANE D. BYERLY, :CIVIL ACTION -LAW 7~-c-a -Q ~ ~ ~~, Defendant : IN DIVORCE ~-.~„ ate."' -.~ :r AND NOW, this __~~ day of , 2012, James Byerly, Plaint (hereinafter referred to as "Husband"), and Diane Byerly, Defendant, (hereinafter referred to "Wife"), hereby stipulate that the above captioned Divorce Action be discontinued and In support thereof, the parties aver as follows: 1. Husband filed a Complaint Under Section 3301(c) or 3301(d) of the Divorce Code on 22, 2010, wherein he raised a claim for Equitable Distribution. 2. Wife filed an Answer and Counterclaim to Complaint in Divorce on April 30, 2010, she raised a claim for Alimony and Alimony Pendente Lite, and a claim for Counsel F Expenses and Costs of Suit. 3. Since the commencement of the Divorce Action, the parties have reconciled and no wish to obtain a divorce. 4. Husband consents to the withdrawal of his Divorce Complaint and related claims. 5. Wife Consents to the withdrawal of her Answer and Counterclaim to Complaint in Witness Witness C=~3 es Byerly w Diane Byerly ?'??l-? ?°lar FiC•" THE PkO TH@N, ; .) T ° AUG 23 PM 12: 4 g C UVM IA Y JAMES C. BYERLY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 10-2684 DIANE D. BYERLY, CIVIL ACTION -LAW Defendant IN DIVORCE ORDER cd AND NOW, this 2 day of ? J j? , 2012, upon consideration of the attached Stipulation for Discontinuance/Withdrawal of Divorce Action executed by the parties, it is hereby ORDERED and DECREED that the above captioned Divorce Action is discontinued. Plaintiff's Divorce Complaint and related claims are hereby withdrawn. Defendant's Answer and Counterclaim to Complaint in Divorce are hereby withdrawn. BY THE COURT: Distribution: '1 Maria P. Cognetti, Esquire, Maria P. Cognetti & Associates, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 ? John C. Howett, Jr., Esquire, Howett Kissinger & Holst, PC, PO Box 810, Harrisburg, PA 17108 ebpfj_?5 ka, led )?'t-