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HomeMy WebLinkAbout02-0623IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF MICHAEL C. MCCURDY, DEFENDANT No. -2002 CIVIL ACTION - LAW 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 the 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 the Cumberland County Courthouse. 1 Courthouse Square, Carlisle, PA 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 Lawyer Referral Service 2 Liberty Ave. Carlisle, PA 17013 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF MIACHAEL C. MCCURDY, DEFENDANT CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE Plaintiff is Stephanie A. McCurdy, who currently resides at 25 Country View Estates, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Michael C. McCurdy, who currently resides at 5 Oak Drive, Port Royal, Juniata County, Pennsylvania 17082. 3. Plaintiff and Defendant have been separated since November 27, 2001. 4. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 5. Plaintiff and Defendant were married on February 25, 1999 at Leesburg United Methodist Church, Shippensburg, Pennsylvania, 17257. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. DATE: ID No. 52651 61 W. Louther St. Carlisle, PA 17013 717-249-1177 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 unswom falsification to authorities. DATE: /'.,7 5- oR ~teplaanie A. McCurdy,' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF MICHAEL C. MCCURDY, DEFENDANT No. -2002 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Stephanie E. Chertok, Esquire, counsel for Stephanie A. McCurdy, hereby certify that a copy of the Complaint in Divorce, was served this ~ day ,2002 by first-class mail, postage prepaid, upon those listed below: Michael C. McCurdy Defendant 5 Oak Dr. Port Royal, PA 17082 /epl{anie E. Chertok, Esq. ounsel for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, : PLAINTIFF : ; V. ~ MICHAEL C. MCCURDY, : DEFENDANT : ., No. 2002-623 CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I, Stephanie E. Chertok, attorney for the Plaintiff, served upon the Defendant the Complaint in Divorce, via U.S. Mail, restricted delivery, remm receipt requested, on February 5, 2002. On February 6, 2002, Defendant received the Complaint and signed for it, as is verified by the remm receipt, a copy of which is attached to this document. 02/05/2002 card o you. o 3. Article Addressed to: E .5 ~ PS Fo~ 3811, D~mber 4b. Service Type [~/Registered i-'[ Express Mail [] Return Receipt for Merchandise Domestic Return Receipt [~'/Certifled [] Insured [] COD · Date of Delivery A ,~essee s Add,e=,~ (Only if requested ar~ee is pa~l) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF MICHAEL C. MCCURDY, DEFENDANT No. 2002-623 CIVIL ACTION- LAW IN DIVORCE/CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION, emered into the day and year hereinafter set forth, by and between Stephanie A. MeCurdy, (hereinafter referred to as "Mother") and Michael C. McCurdy, (hereinafter referred to as "Father".) WHEREAS, the parties are the natural parents of Elizabeth Marie McCurdy, bom April 20, 1996 and Emily Ann McCurdy, bom May 23, 2000, (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an Agreement relative to the custody and partial custody of the children; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties will have shared legal custody of the children. 2. The Mother will have primary physical custody of the children. 3. The Father shall have visitation of the children as the parties may agree. 4. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 5. Neither parent shall do anything which may estrange the children from thc other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 6. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same fo~i~mlity as this Stipulation and Agreement. 7. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 8. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 9. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein mentioned. WITNESS: (date) tS/ Stephanie A. McCurdy~/ (date) (date) Michael C. McCu~ (date) IN THE COURT OF COMMON PLEAS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF Vo MICHAEL C. MCCURDY, DEFENDANT No.2002-623 CIVIL ACTION- LAW IN DIVORCE/CUSTODY ORDER OF COURT AND NOW, this '~lay of ~1 and Agreement is hereby made an Order of Court and vacated. ,2002, the attached Stipulation prior Orders on this matter are hereby IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF go MICHAEL C. MCCURDY, DEFENDANT No. 2002-623 CIVIL ACTION- LAW IN DIVORCE/CUSTODY CUSTODY STIPULATION AND AGREEMENT THIS AGREEMENT AND STIPULATION, entered into the day and year hereinafter set forth, by and between Stephanie A. McCurdy, (hereinafter referred to as "Mother") and Michael C. McCurdy, (hereinafter referred to as "Father".) WHEREAS, the parties are the natural parents of Elizabeth Marie McCurdy, bom April 20, 1996 and Emily Ann McCurdy, born May 23, 2000, (hereinafter referred to as "children"); and, WHEREAS, the parties are presently separated and living in separate residences; and, WHEREAS, the parties wish to enter into an Agreement relative to the custody and partial custody of the children; and, NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. The parties will have shared legal custody of the children. 2. The Mother will have primary physical custody of the children. 3. The Father shall have visitation of the children as the parties may agree. 4. The parties will keep each other advised immediately in the event of serious illness or medical emergency concerning the children and shall further take any necessary steps to ensure that the health and well being of the children is protected. During such illness or medical emergency, both parties shall have the right to visit the children as often as he or she desires consistent with the proper medical care of the children. 5. Neither parent shall do anything which may estrange the children from the other party, or injure the opinion of the children as to the other party, or which may hamper the free and natural development of the children's love or affection for the other party. 6. Any modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and only if executed with the same formality as this Stipulation and Agreement. 7. The parties desire that this Stipulation and Agreement be made an Order of Court to the Court of Common Pleas of Cumberland County, and further acknowledge that the Court of Common Pleas of Cumberland County does, in fact have jurisdiction over the issue of custody of the parties' minor children and shall retain such jurisdiction should circumstances change and either party desire or require modification of said Order. 8. The parties agree that in making this Agreement, there has been no fraud, concealment, overreaching, coercion, or other unfair dealing on the part of the other. 9. The parties acknowledge that they have read and understand the provisions of this Agreement. Each party acknowledges that the Agreement is fair and equitable and that it is not the result of any duress or undue influence. IN WITNESS WHEREOF, the parties hereto intending to be legally bound by the terms hereof, set forth their hands and seals the day and year herein mentioned. WITNESS: (date) t9r Stephanie A. McCurdy~ (date) Michael C. McCu~ (date) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF MICHAEL C. MCCURDY, DEFENDANT No. 2002-623 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on February 5, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unswom falsification to authorities. DATE: McCurdy, ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF MICHAEL C. MCCURDY, DEFENDANT No. 623-2002 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTETION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF TIlE 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 ifI 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 false statements to authorities. dy, Plainiiff~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF MICHAEL C. MCCURDY, DEFENDANT No. 2002-623 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on February 5, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of 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 unswom falsification to authorities. DATE: Michael C. McCurdy, D end~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA STEPHANIE A. MCCURDY, PLAINTIFF Ve MICHAEL C. MCCURDY, DEFENDANT No. 623-2002 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTETION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECIION 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 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 false statements to authorities. DATE: 7- ? ~,~ Michael C~ McCurdy, D~ Stephanie A. McCurdy : Plaintiff : VS. : : H~chael C. McCu~d¥ Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 623-2002 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: Irretrievable breakdown under §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the complaint: ~By f:f-rst-cl~s.~ rn~-[1 tn ]3¢'F~,n,.-]~t- nH Yebruary _5. 2002. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 7/9/o2 ; by defendant 7/ln/07 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divome Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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 of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary:. 7/24/02 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 7/24/02 -Attorney Stephanie A. McCurdy Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. VERSUS Michael C. McCurd? Defendant NO. 623 DECREE IN DIMOrCE AND NOW,~ t DECREED THAT Stephanie A. McCurdy AND Michael C. McCurdy , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; None