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Home My WebLink About05-0744 II V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2005- 7c.!1 : IN DIVORCE CIVIL DEBRA A. EARNEST, Plaintiff FRANK D. EARNEST, Defendant 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 at the Cumberland County Court House, Carlisle. Pennsylvania. IF YOU DO NOT FILEA CLAIM FORAL/MONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, PA 17013 Telephone: (717) 249-3166 II DEBRA A. EARNEST, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW FRANK D. EARNEST, Defendant : NO. 2005- : IN DIVORCE CIVIL COMPLAINT UNDER SECTIONS 3301(c) AND 3301(8) OF THE DIVORCE CODE 1. Plaintiff is Debra A. Earnest, an adult individual who currently resides at 10 West Pomfret Street, 2nd Floor, Carlisle, Cumberland County, Pennsylvania 17013-3216. 2. Defendant is Frank D. Earnest, an adult individual who currently resides at 2224 Newville Road, Carlisle, Cumberland County, Pennsylvania 17013-8956. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 13. 1991, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, the Plaintiff requests the Court to enter a Decree of Divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER ~~~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0. # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 II v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DEBRA A. EARNEST. Plaintiff FRANK D. EARNEST, Defendant : NO. 2005- : IN DIVORCE CIVIL VERIFICATION I, Debra A. Earnest, 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. ~ 4904, relating to unsworn falsification to authorities. ~Cl.~ DEBRA A. EARNEST Date: January Dl1 , 2005 rlo\Domestic\Earnest'divorce.comp (:~ f" ::? ~i3 ...s:" _. ~ S' C> ,.(" c:::::". v' \ ~ 0\ r:-. \~ () .y, -;"1 ~~:'., ...::) - C:.':l - .S~ . (./ d - -------- II I V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DEBRA A. EARNEST, Plaintiff i!'RANK D. EARNEST, Defendant : NO. 2005 - '7tfL/ : IN DIVORCE CIVIL ACCEPTANCE OF SERVICE AND NOW, on this the 11th day of February, 2005, I. Frank D. Earnest. Defendant, ereby accept service of the Complaint in Divorce filed in the above action pursuant to Pa. .C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. -;;;J JJ,~~>f . FRANK D. EARNEST r--,"" C::::'I -= C::J'1 c) -1'1 ~,~., -< F:~ I c; ("~ (.....1 C) t,.;;? II V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DEBRA A. EARNEST, Plaintiff FRANK D. EARNEST, Defendant : NO. 2005 - 744 : IN DIVORCE CIVIL 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 Section 3301 (c) and 3301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: The Defendant signed an Acceptance of Service on February 11, 2005. 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 on May 13, 2005; and Defendant on May 13, 2005. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: n/a (2) date of service of the Plaintiffs Affidavit upon the Defendant: n/a 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1)(i) of the Divorce Code: None. Respectfully submitted, .~ f;?r;rs LJ ~ Robert L. O'Brien, Esquire .--' (";:.."' 'ij\ ~ :-<. ::;: () -n -' ~::; ." ~~.~ (....:; ~ -". '-.';" (.,,) Co' DEBRA A. EARNEST, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW FRANK D. EARNEST, Defendant : NO. 2005 - 744 : IN DIVORCE CIVIL PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE 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 10, 2005. 2. The marriage of the 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 without notice. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: May 13, 2005 ,(~ C(, ~.v~J- Debra A. Earnest t"<) t.J C::' -n e:;'} <OJ' -1 -'::. -r: -', (....) 2-:; "-' \..0 :1 DEBRA A. EARNEST, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW FRANK D. EARNEST, Defendant : NO. 2005 - 744 : IN DIVORCE CIVIL DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(CI OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on February 10, 2005. 2. Defendant acknowledges receipt and accepted service of the Complaint on February 11, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: May 13, 2005 ~~ vO~ ~~~ Frank D. Earnest n c ("~, \:;:.:;. c::;,) c." - -- :v~. o --r\ ::? -- t.;J -- c.::: 1'.) ,-0 ~~~+~~~~*~*~+++++++++:+:++++:+:+*++:+:+:+:~:+:+++:+:+~:+:+:+:+:+:+:+:+++++~+:+:+:+::+:+~:+:++:+::+:++:+:+~++:+:++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . + . . . . + . . + + . . . + . . . + . . . . . . . . . + . . . . + . . . + + . . . + . . . . . + + . . . + + + . . . . ++ + :+: :+: :+: + + :+: :+: :+: :+: :+: :+: :+: + + + + . . . + . . + . + . + + + . + . . . . . . . + . . . . + + + . . . . + + + . . + . . + + + . . . . + + . . . + + . . + + + + + . . . + . + + . . + + + . . + + + + . . + + + + + + . + + + + + . + + . . +++:+::+:+++++:+:+++++:+:++++++++++++++:+:+++++++++++++++++++:+:+:+:+++++++++ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. DEBRA A. EARNEST Plaintiff NO. CIVIL 2005 744 VERSUS FRANK D. EARNEST Defendant DECREE IN DIVORCE AND NOW, ~1'-7 --~rIT IS ORDERED AND DECREED THAT DEBRA A. . PLAI NTI FF. EARNEST AND FRANK D. , DEFENDANT, EARNEST 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. Anme: · ~ ' ~ ~ ~OT'W'O,^"' J. .~ .~ ~/I ;J~?L. )(:7 ,">l .F ~-f7 c7 jr7 '" ~ u",; /,''iJ y?8l " . " . --------