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HomeMy WebLinkAbout10-3922SEAN E. PEIRCE, Plaintiff v. TRACY A. PEIRCE , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 39da C;v; ~ '~errn :CIVIL ACTION - IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you w ish 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 mayalso 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. kdown of t b bl i t i i di i i i rea eva e rre r es or gn t s n When the ground for divorce marriage, you may request marriage counseling. A list of marriage counselors ~~ ~. ,~, available in the Office of the Prothonotary at: °' ~~T'' ~ Cumberland County Courthouse '~ `'_ , ~ "° rT ~- One Courthouse Square ~. ~ u, ~~ Carlisle, PA 17013 ~ c ~'+ 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~ 3Q 1.50 PD A~7Y c~' 3n sa e'~ a~3(og5 ~ ~ ~,~` 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 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Dauphin 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 the Court Administrators Office at (717) 780- 6624. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference. SEAN E. PEIRCE, Plaintiff v. TRACY A. PEIRCE , Defendant IN THE. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . NO. CIVIL ACTION - IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE UNDER SECTION 3301(C) AND 3301(D)OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is Sean E. Peirce (SS# 201-66-7681), a citizen of Pennsylvania whose primary residence is 709 Hamilton Circle, Mechanicsburg, Pennsylvania, 17055 2. Defendant is Tracy Ann Peirce (SS# 160-56-1384), a citizen of Pennsylvania whose primary residence is 732 Colonial Court, Mechanicsburg, Pennsylvania, 17050. 3. Plaintiff and Defendant are suite and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on August 10, 1996 in Mechanicsburg, Pennsylvania. 5. The marriage is irretrievably broken. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. There were no children born of this marriage. COUNT I. Request for No-Fault Divorce Under 3301(c) and (d) of the Divorce Code 9. Paragraphs one through eight are incorporated as if fully set forth herein. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. 13. Defendant is not now and has never been a member of the armed forces of the United States. WHEREFORE, if both parties file affidavits to a divorce after ninety days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. In the alternative, should the parties continue living apart for a period of time greater than two years, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT II. Request for Equitable Distribution of Marital Property Under 3104 and 3502(a) of the Divorce Code 14. Paragraphs one through thirteen are incorporated as if fully set forth herein. 15. Plaintiff and Defendant have acquired tangible personal and intangible property during their marriage from the date of said marriage until the date of their separation. 16. Plaintiff and Defendant have yet to agree as to an equitable distribution of said property. 17. Equitable Distribution of the parties will be outlined in a Marital Settlement Agreement, to be incorporated into the Decree in Divorce. WHEREFORE, if both parties file affidavits to a divorce after ninety days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. In the alternative, should the parties continue living apart for a period of time greater than two years, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. DATE: ~ 3 6 Respectfully submitted, KREVSKY & ROSEN, P.C. Sanford . Krevsky, squire Attorney for Plaintiff 1101 North Front Street Harrisburg, Pa 17102 ID # 15560 (717) 234-4583 SEAN E. PEIRCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBELRAND COUNTY, PENNSYLVANIA v. . NO. TRACY A. PEIRCE :CIVIL ACTION - IN DIVORCE Defendant VERIFICATION I, SEAN E. PEIRCE, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. ~la/~v DATE: - ~~Gvu~ SEAN E. PEIRCE SEAN E. PEIRCE, Plaintiff v. TRACY A. PEIRCE , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ day ofaq, 2010, I, Aimee L. Paukovits, on behalf of Krevsky & Rosen, P.C. attorneys for Plaintiff, Sean E. Peirce, hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, by Hand-delivery on the following: TRACY A. PEIRCE 732 COLONIAL COURT MECHANICSBURG, PA 17050 Q,~ P ~:t. Aimee L. Paukovits 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 SEAN E. PEIRCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA o ca -n v. : NO. 10-3922 c --4 z-n r- TRACY A. PEIRCE, : CIVIL ACTION - IN DIVORCE -O CS° Defendant -4o -:- -:r-- z -n C :)-n AFFIDAVIT OF CONSENT Dom' 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code wa`s filed on June 15, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers 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. § 4904 relating to unsworn falsification to authorities. DATE: ?J J l "IrA A. P SEAN E. PEIRCE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10-3922 : CIVIL ACTION - IN DIVORCE PEIRCE TRACY A C) , . Defendant C_- - ---4 ? . rn -0 rn 70 AFFIDAVIT OF CONSENT C) --4 1. A complaint in Divorce under Section 3301 (c) of the Divorce Cott Sias-- - ©rn filed on June 15, 2010. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers 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. § 4904 relating to unsworn falsification to authorities. DATE: 7 3 Z011 SEAN E,. PEIRCE C? © -n L V 4,.... ? rn ?++ a--7 -0 1 rn v 1.. .. ` C SEAN E. PEIRCE, : IN THE COURT OF COMMON PLEAS °-J o? Plaintiff : CUMBERLAND COUNTY, PENNSYLN& A-? r , v. : NO. 10-3922 is TRACY A. PEIRCE, : CIVIL ACTION - IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose my 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. 11 Q DATE: zl TRACY A. PEIR SEAN E. PEIRCE, Plaintiff V. TRACY A. PEIRCE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 10-3922 : CIVIL ACTION - IN DIVORCE C) G N a .w? c? WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. C) n ?r rn ' 40 _ "e1 Q..n ?rn A 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 unworn falsification to authorities. DATE: Zp It C- --? SEAN E. PEIR E Sean E. Peirce Tracy A. Peirce VS. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3922 CIVIL DIVISION 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: C) Irretrievable breakdown under § (3301(c)) and o - rn F (Strike out inapplicable section.) ' 2. Date and manner of service of the complaint: a o - _. -, January 15, 2010 via hand delivery C:) -n 3. Complete either paragraph (a) or (b). -: ; Co c-) r n (a) Date of execution of the affidavit of consent required by § 3301(c) of the J. - D Divorce code: -+ by plaintiff January 3, 2011 by defendant January 3, 2011 -`' ; ?' (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: The Mwidl Settlement Agreement dated hnx 21, 2010 and filed with the Court on hme 23, 2010 arehereby mcmparated, but not merged into the Final Divmce Decree. 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 plaintiff's Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: Attorney for P of /Defendant Sean E. Peirce IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Tracy A. Peirce NO. 10-3922 DIVORCE DECREE AND NOW, Q?G? ctw , a , it is ordered and decreed that Sean E: Peirce plaintiff, and Tracy A. Peirce , 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.") Terms of the Marital Settlement Agreement Dated June 21, 2010 and Filed with the Court on June 23, 2010 are hereby incorporated, but not merged into the Final Divorce Decree. By the Court, Attest: J. rothonotary Oart. d yb revsky