Loading...
HomeMy WebLinkAbout01-7236KAREN JUNE CYPHERT, Plaintiff JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : 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 action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the COmplaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 KAREN J-tINE CYPHERT, Plaintiff JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : IN DIVORCE COMPLAINT IN DIVORCE - 3301(c) AND NOW, comes Plaintiff, by her attorney, Richard C. Rupp, and files this Complaint in Divorce, based upon the following: Plaintiff, Karen June Cyphert, is an adult individual residing at 910 Allen Street, New Cumberland, Pennsylvania 17070. Defendant, Justin Reed Cyphert, is an adult individual residing at 54A Doane Loop, Fort Benning, GA. Plaintiff has been bona fide resident in the Commonwealth of Pennsylvania for at lease six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 30, 1996 in Camp Hill, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the Parties. 6. Plaintiff and Defendant are both citizens of the United States of America. 7. Defendant is a member of the Armed Services of the United States. COUNT1-DIVORCE Plaintiff avers as the grounds on which this action is based are that the marriage is irretrievably broken. 9. Plaintiff avers that there are no children born to the Parties. 10. Plaintiff has been advised that counseling is available and the Plaintiff may have the right to request that the Court require the Parties participate in counseling. 11. Plaintiff and Defendant separated on December 14, 2001. 12. Plaintiff asks the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests Your Honorable COurt to enter a Decree in Divorce dissolving the marriage between Plaintiff and Defendant and such further relief as the Court may determine equitable and just. COUNT 2 - EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 of this Complaint are incorporated herein by reference. 14. During their marriage the Plaintiff and the Defendant have acquired various items of marital property which are subject to equitable distribution under Chapter 35 of the Pennsylvania Divorce Code. 15. The Plaintiff requests this Honorable Court to equitably divide, distribute or assign the marital property and/or marital debt between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt pursuant to Section 3502(a) of the Pennsylvania Divorce Code. Respectfully Richard C. Rupp Sup. Court I.D. No.: 34832 355 North 21st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorney for Plaintiff VERIFICATION I, KAREN JUNE CYPHERT, verify that the statements in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. KAI~EN JUNE (~PHER~ ~J - Date: //c~-c:~//- ~} / KAREN JUNE CYPHERT, Plaintiff JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7236 :IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorc~.~-Coc~ filed on December 28, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. Section 4904 relating to unsworn falsification to authorities. Date: JUS EE C[~ERT, Defendant KAREN JUNE CYPHERT, Plaintiff Vo JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-7236 : IN DIVORCE ~":7 '-DC,. COUNSELING AFFIDAVIT I have been advised of the availability of marriage counseli_~ a~l :~: understand that I may request that the Court require that my spouse and I participate in counseling. 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. Date: ~(9- ~ J~k.) ' 05 ~ ~ I~E~?~~,HERT, Defendant I understand that the Court maintains a list of marriage counselors in the Domestic Relations office, which list is available to me upon request. 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 by the Court. KAREN JUNE CYPHERT, Plaintiff Vo JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7236 : : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C} OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. 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 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 if 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. Date: J~I(EE~RT, Defendant H105.157 REV. 5-97 COUNTY COMMONWEALS4 OF* PENNSYLVANIA DEPARTMENT OF HEAL114 VITAL RECORDS RECORD OF DIVORCE OR ANNULMENT ~'~ (CHECK ONE) ISTATE FILE NUMBER STATE FILE DATE 1. NAME 3. RESIDENCE 5. NUMBER HUSBAND (First) (Middle) (Last) Street or R.D. City, Boro. or Twp. County ~ ~.~. ~ i~ (1~ State 6. RACE / WHITE 42. DATE (Monlh) · PLACE BLACK OTHER (Specify) 17. USUAL OCCUPATION WIFE (Middle) (Last) Jg. DATE City, 8oro. or Twp. County State p 1. PLACE [ 14. USUAL OCCUPATION BLACK OTHER (Specify) ! I THIS _ J18. PLAINTIFF ~19. DECREE GRANTEDTO HUSBAND WIFE OTHER (Specify) f .... -H-Ugfi AND SPMT CUSTODY OTHER (Specify) 21. LEGAL GROUNDS FOR [] [] I D~VO~CEORA..U~E~ J 23 DATE R OF THIS MARRIAGE 8. MALDEN NAME (-kar~zKe 10. R;$!OENCE 12. NUMBER OF THIS MARRIAGE Street or R.D. (County) HUSBAND 15. PLACE OF THIS MARRIAGE (Month) 17A. NUMBER OF CHILDREN THIS MARRIAGE 20. NUMBER OF CHILDREN TO CUSTODY OF 22. DATE OFDECREE V~FE (Day) (Day) (Year) (State or Foreign counto~) (Day) (Year) I~-~ iq~-7 (State or Foreign Count~/) (Day) (Year) 30 lqq~, VVIFE OTHER (Specify) (Year) 24. SIGNATURE OF TRANSCRIBING CLERK KAREN JUNE CYPHERT, Plaintiff JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND C, OUNTY, PENNSYLVANIA : IN DIVORCE ACCEPTANCE OF SERVICE. I, JUSTIN REED CYPHERT, the Defendant in the above referenced Divorce Action, do hereby accept service of the Complaint in Divorce filed by my wife. KAREN JUNE CYPHERT, Plaintiff JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7236 : : : IN DIVORCE COUNSELING AFFIDAVIT 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 Domestic Relations office, which list is available to me upon request. 3. Being so advised, I do not request that the Court r~quire that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn fals!fication to authorities. KAREN JUNE ~:~YPHERT, Plaintiff KAREN JUNE CYPHERT, Plaintiff JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7236 : : : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December 28, 2001. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 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. Section 4904 relating to unsworn falsification to authorities. KAREN JUNE'CYPH ER~,,UPlaintiff KAREN JUNE CYPHERT, Plaintiff JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-7236 : : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C} OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning al!mony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 if 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. Date: 'KAREN JUN ~CYPHERT, 4~Ifaintiff KAREN JUNE CYPHERT, Plaintiff Vo JUSTIN REED CYPHERT Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-72:36 : IN DIVORCE AFFIDAVIT OF CONSENT o A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December 28, 2001. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. I consent fo 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 fo. the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: --~- )~- 6 ,'~ KAREN JUNE'CYPH ER~,,~laintiff KAREN JUNE CYPHERT, Plaintiff JUSTIN REED CYPHERT Defendant : IN THE COUR'IF' OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-72136 : : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODF I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning al!mony, division of properly, lawyer's fees or expenses if I do riot claim them before a divorce is granted. 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 if it is filed with the Prothonotary. I verify that the statements made in this affidavit c, re 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 authori'ties. 'KAREN JUN~CYPHERT, 4~aintiff KAREN JUNE CYPHERT, Plaintiff JUSTIN REED CYPHERT, Defendant : IN THE COURT OF COMMON PLAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-7236 : : 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: Ground for divorce: Irretrievable breakdown under (X) Section 3301(c) ( ) Section 3301(d) of the Divorce Code. Date and manner of service of the complaint:: January 30, 2002 - Acceptance of Service by Defendant 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, July 16, 2003 (b)(1) Date of execution of plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: (b)(2) Date of service of plaintiff's affidavit upon defendant: J Date: Related claims pending:. NONE ~C~re Rupp and Meikle Attorney I.D. #34832 355 North 21st Street, Suite 205 Camp Hill, PA 17011 (717) 76~1-3459 Counsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ,~~~. PENNA. VERSUS No. 01-723fi DECREE IN DIVORCE AND NOW,~'~~ , IT ]S ORDERED AND DECREED THAT ]{~.R~:I~ ,IIIN'~ ~rp~R~ , PLAINTIFF, AND ~UM?IN REED CYPHER? , DEFENDANT, ARE DIVORCED FROM The BONDS OF MATRIMONY. THE COURT RETAINS JURISD[CTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A P[NAL ORDER HAS NOT YET BEEN ENTERED; ~~P R OTH~N OTA ~' Plaintiff Vs Defend~t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ri eXo. gCOI -- O- .56 IN DIVORCE .NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] _ prior to the entry ora Final Decree in Divorce, or ~ after the entry ora Final Decree in Divorce dated_C~- I [o- 0 ~5 hereby elects to resume the prior surname of Gr-/2 c-Jf-z. I<~, and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.. Sig/l~ture 6 11 ' giknature o~Jam¢'~eing ~su~ed ' ~_O_ _M2MONWE/(kLTH OF PENNSYLVANIA OUNTY OF(,~~x~/ ) On the ~ 0it'-day o£_L~, t'~ ~ ,200~, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. Notary Public NOTARIAL SEAL CLAUDIA A BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005