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Home My WebLink About05-1365 ... , , o ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. ; No. 05 '13i~ DANIEL HARNER, : CrvIL ACTION - LAW ; DIVORCE 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 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. 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 32 South Bedford Street Carlisle, P A 17013-3308 (717) 249-3166 ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. DANIEL HARNER, Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, Angela Harner, by and through her attorney, Jeanne B. Costopoulos, Esquire, avers the following: 1. The Plaintiff, Angela Harner, is an adult individual who currently resides 5-A West Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Daniel Harner, is an adult individual who currently resides at 12 Black Pine Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 20, 1994, in Camp Hill, Cumberland County, Pennsylvania. Count I - Divorce 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievable broken. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. There is one dependent child from this marriage, namely Damian Matthew Harner, bom April 4, 1990. 11. This action is not collusive. Count II - Equitable Distribution of Marital Property Pursuant to ~3502 of the Divorce Code 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution by this court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits acquired during their marriage, which are subject to equitable distribution by this court. 15. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Marital Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court an\l incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; . B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Marital Settlement Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; For such further relief as the Court may determine equitable and just. Count III - Custody 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. The Plaintiff seeks shared legal and primary physical custody of the following child: Name Present Residence Age Damian Matthew Hamer 5-A S. Glenwood Drive Camp Hill, PA 17011 14Y2 years DOB 4/4/1990 18. The child named above is presently in the custody of his natural mother, Plaintiff Angela Hamer, who currently resides at 5-A W. Glenwood Drive, Camp Hill, CUmberland County, Pennsylvania, 17011. 19. The child has previously resided with the following persons at the following addresses: Name Address Dates Plaintiff Defendant 1568 Huntington Street 10/1996 to 8/2001 DeHona, FL 32725 Plaintiff , Defendant Plaintiff's parents 5-A W. Glenwood Drive 8/2001 to 3/2004 Camp Hill, P A 17011 Plaintiff Defendant 12 Black Pine Drive 3/2004 to 2/12/2005 Mechanicsburg, P A 17050 Plaintiff Plaintiff's parents 5-A W. Glenwood Drive 2/12/2005 to present Camp Hill, P A 17011 20. The biological mother of the child is Angela Harner, Plaintiff, who currently resides at 5-A W. Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania, 17011, with her parents, Dave Rubright and Cindy Rubright. The biological father of the child is Daniel Harner, Defendant, currently residing at 12 Black Pine Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 21. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 22. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 23. The best interests and permanent welfare of the child will be served by implementing a custody order wherein shared legal custody of the child is shared and primary physical custody remains with Plaintiff subject to periods of partial custody with Defendant. 24. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to custody or visitation of the children to be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff respectfully requests that she be granted shared legal and primary physical custody of her son. RESPECTFULLY SUBMITTED: Dated: llrla 5' ~ - Jeatlhe B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 P A Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR PLAINTIFF ; ANGELA HARNER, Plaintiff v. DANIEL HARNER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. CIVIL ACTION - LAW DIVORCE VERIFICATION I, Angela Harner, hereby verify that the statements made 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 the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. I Q . 1\ 1/1 c: Date:" ,: Jd /00 J I Signature: 1\ ()faJJ Angela VIarner ! [',n /" . WJ!; J ;0-0 ~n. (il C\N~ 0' r- I:>Q . ". p- --::jj:.. ~ . ~ ~ ~ ~ -- !":::J '--' \ CJ ~ 8 ~ ~ -p-- o ----0 CJ >: - o V. c\ - c' ANGELA HARNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAl\IA V. 05-1365 CIVIL ACTION LAW DANIEL HARNER DEFENDANT IN CUSTODY ORDER OF COURT AND NOW. __.~ednesday,.March 23'..?!o.5_~_, upon consideration of the attache' Complaint, it is hereby directed that parties and their respective counsel appear hcfore Melissa P. Greevy, Esq. . the conciliator, at-----.!>~.~anlfl.""'sl}901 State St., Camp Hill, PA 17011 on ____l'r.~d_al',Apri~?2,}OO~___ .... at 9:00 AM for a Pre-Hearing Custody Conference. At such conference, an effort wiIl be made to resolve the iss es in dispute; or if this cannot be accomplished. to de line and narrow the issues to be heard by the court. and to enter oto a temporary order. AIl children age live or older may also be present at the conference. Failure to appear at the c mferencc may provide grounds for entry of a temporary or permanent order. The court hereby directs tbe parties to furnisb any and all existing Protection from Ahu e orders, Special Relief orders, and Custody orders to tbe conciliator 48 hours prior to scheduled hearin FOR THE COURT. By: /s/ Melissa J>.{;J:.eevy, Esq. Custody Conciliator II The Court of Common Pleas of Cumberland County is required by law to comply wit the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable aeeomr odations available to disabled individuals having business before the court, please contact our omee. Al mrangements must be made at least 72 hours prior to any hearing or business before the court. You must atte d the scheduled conference or hearing. 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 OFFI:E SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedfi.1rd Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3 166 i?~ 5;& 1- I'ff"'"' hi?,? 51 E"r # 't /r"" r>;l/l~. y~ rer ~ p $ /'Y'~ h#;r'l 5,J r~ t 0" ,c' 'J I ~'} v'::' M. 'l0 il'i~l ~GOl ",,,,.',('C. A.:/.:l.':"v,-; 'j:"~ '.-i',.J.l.' Y' -I"'," ;~"' 'J"" -'I j ...0 'J.!,cc.u-Ci::ll1:l ------------------------- v ANGELA HARNER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1365 DANIEL HARNER, Defendant : CIVIL ACTION - LAW : DIVORCE/CUSTODY AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verifY that the Complaint in Divorce was served upon the Defendant indicated above on March 21, 2005, by first class, Certified Mail No. 7000 1530 0001 6002 0629, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements ofPa.R.C.P. ~ 1930.4. I verifY that the statements made herein are true and correct and 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: '//z1/Zd(() ~ eanne B. CostopouIos, Esquire PA S.C!. LD. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 ATTORNEY FOR PLAINTIFF . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the maitpiece, or on the 1ront if space permits. 1. Article Addressed to: pu^/eJ HkMj (7- 61 (uit (JtN ~r i~\S-CI,-,-^' (SbW) 04 t7Dlo o Is dell~~lffere fro Item 1? ./,ltyEs;-~ ry address below 0 No Ii. .' 'I~.?>, ' , </ <'00" 3:' ~ '.. <;,., ~f~' o Registered . o Insured Mail '0 Express Mail o Return Receipt for MerchandIse o C.OD. 4. Restricted Delivery? (Extra Fee> e, Otte! cPOQZ 0621 PS Form 3811, March 2001 lQ2595-0',.M-'42.4 Domestic Return Receipt 1-'-')- ,.:;:;1 ~ ( C ';i; ~t.t l\l(i Z':J ?I;'" U.3-,' ~C ~.."C, S;~: ~ :<. --< ';;:':;" . .' , V'> ~ - - '. 'C':-' {-,<~ ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1365 DANIEL HARNER, Defendant CIVIL ACTION - LAW CUSTODY AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verifY that the attached Order of Court was served upon the Defendant indicated above on April 2, 2005, by first class, Certified Mail No. 700015300001 6002 0650, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements ofPa.R.C.P. g1930A. I verifY that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: ~/~q!~G6} ~ -:(e'"anne B. Costopoulos, Esquire PA S.Ct. LD. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, P A 17055 Phone: (717)790-9546 ATTORNEY FOR PLAINTIFF - Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: \) o..l\(~\ J.-/(.l.fMf \;J... Blo..ck P{ilQ.. ~rl'v'~ (v\Q[klVli~hl,'1l pt 170S-1) 2. Article Number (Transfer from service label) D. Is delivery address different If YES, enter delivery ad . (" ,-f 47/ ~! ~ \ i ~\ ;j};)t: 3. Service Type ~rtified Mail o Registered o Insured Mail 170/ o Expres~ o Return Receipt for Merchandise o C.O.D. ,t>O~ 1<)30 OOO( blJOZ 4. Restricted Delivery? (Extra Fee) (9(,.>6 DYes PS Form 3811. March 2001 Domestic Return Receipt 102595-01-M..1424 . ' ANGELA HARNER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, 05-1365 CIVIL ACTION LAW DAlNIEL HARNER DEFENDANT IN CUSTODY ORDER OF COURT ND NOW. ___~-"dnesday, Mareh 23, 2005 _,' upon consideration of the attached Complaint, it is here y directed that pariies and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, al______ _ LIVI~,nlov~'s,l9.<'I_ Sta!!,_ SI., CamI'Jlill,!'_i\, ,,1701,__\ _ on ___I!riday, April19,20QS______' aL_9:0Q_AM for a Pre Hearing Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this ca not be accomplished, to deline and narrow the issues to be heard by the court, and to entcr into a tcmporary order. A I children age live or older may also be present at the conference, Failure to appear at the conference may provide rounds for entry of a temporary or penn anent order- T e court hereby directs the parties to furnish lIny Hnd 1I1l existing Protection from Abuse orders, Specillll elief orders, lInd Custody orders to the concililltor 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Melissa P. Gr~ Esq~~ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facililies and reasonable accommodations avail ble to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conf rence or hearing, YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE, IF YOU DO :--.JOT HA E AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FOR H BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and 'ihe seal of said Court at Carlisle, Pa. Thisu.~7...uu $y of.lr.l~u,~- ,..e" - /L,X;d €k~ ...................&;tJ.'f:!:f.'!!:..........:.u..;;&~.. .- (;/ . '_,'n. _ _.. prothnnotary ..--- n ~-:-: r-" c.: c: o;J - - " \ to ~~52~ :2 RECEIVED MAY 1220053..... / Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1365 CIVIL TERM ANGELA HARNER, v. CIVIL ACTION - LAW DANIEL HARNER, IN CUSTODY Defendant fN\ AND NOW, this /3 day of May, 2005, upon consideration of the attached Custody Conciliation Summary Report, it is hereby ordered and directed as follows: ORDER OF COURT 1. Leqal Custodv. Mother shall have primary legal custody of the minor child, Damian Matthew Harner, born April 4, 1990, which shall include the making of day to day and emergency decisions regarding the health, education and religious upbringing of the child. However, major decisions shall be discussed between Mother and Father with an eye toward a harmonious policy focused on the best interest of the child. Mother shall also have the responsibility to keep Father informed with regard to the major developments in the child's life. 2. Phvsical Custodv. Mother shall have primary physical custody subject to Father's rights of partial custody which shall be arranged by mutual agreement of the parties. 3. The parents shall keep each other informed of any changes in their address or telephone numbers within 72 hours of any change thereto. 4. During any period of custody or visitation the parties to this Order shall not possess or use controlled substances, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise ensure, to the extent possible, that the other household members and/or house guests comply with this prohibition. 5. Neither party shall do or say anything which may estrange the child from the other parent, injure the opinion of the child as to the other parent, or hamper the free and natural development of the child's love and respect for the other parent. Each parent shall ensure that third parties also comply with this provision during his or her periods of custody. 6. The Plaintiff shall serve a copy of this Order on the Defendant and file a Return of Service with the Court promptly thereafter. NO. 05-1365 CIVIL TERM 7. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this Dis!: Jeanne B. Costopoulos, Esquire, 5000 Riller Road, Suite 202, Mechanicsburg, PA 170/' Daniel Harner, 266 Lowther Street, Lemoyne. PA 17043 -cMJ-ua Thomas D. Gould, Esquire, 2 East Main Street. Shiremanstown, PA 17011 f J. ~ j~/3 (){ cJ- IP I'\._U :.;'oJnJ 8r' .r"" " 1'0 ~ I'i (' ,~ ".'."1 '1',."7 J.~;; : ...(fl.. '."', :!'....' . ,. RECEIVED MAY 12 200S#" Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-1365 CIVIL TERM ANGELA HARNER, v. CIVIL ACTION - LAW DANIEL HARNER, IN CUSTODY Defendant CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN THE CUSTODY OF Damian Matthew Harner April 4, 1990 Mother 2. A Custody Conciliation Conference was held on April 29, 2005. Present for the conference were: the Mother, Angela Harner, and her counsel, Jeanne B. Costopoulos, Esquire. Father did not attend, nor did counsel appear on his behalf. However, Plaintiffs counsel provided domestic return receipt restricted delivery mail cards indicating the Father had received service of the Complaint on March 21, 2005 and of the Order scheduling the Custody Conciliation Conference on April 2, 2005. 3. Mother's position on custodv is as follows: Mother seeks primary physical custody of the child who is presently a ninth grade student at East Pennsboro High School. Mother resides in Camp Hill with the child and her parents since the parties' separation on or about February 12, 2005. She reports that the marital home has sold. A divorce is pending. Mother's counsel reports that an Agreement was prepared and forwarded to Father providing primary physical custody with Mother and partial physical custody to be arranged by the parties' mutual agreement with Father. However, the Agreement was not returned to her. Mother reports that since the sale of the marital home, Father has relocated to Lemoyne, Pennsylvania. She indicated that she believed Father had plans to move to Florida. However, since he had a recent DUI arrest, she believes that those plans may have changed. 4. Father's position on custodv is as follows: Unknown. Father did not appear at the Conference. .. . 1 -. NO. 05-1365 CIVIL TERM 5. In the absence of an appearance or objection from Father, the Conciliator makes a recommendation to the Court in the form of an Order as attached. lk;))W ~~ 5/q/()~ Date Melissa Peel Greevy, Esquire Custody Conciliator :250237 ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1365 DANIEL HARNER, Defendant : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on March 16,2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 4. I verifY that the statements made in this Affidavit arl: true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: ~ Signature: Angel o C ._?"" "\Ji2r: ~r~ ~ 1~f2 ~ ......, = = """ (..... c:: r- t -.I -0 :J::: ~ :i! M~:!l -0 Iii -00 OJ. ~cJC> -r.:'l ~'5 :!l -?O om ;;g ~XJ -< .r- N 17 ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1365 Defendant : CIVIL ACTION - LAW : DIVORCE DANIEL HARNER, PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE 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 in 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. 4. 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. g4904 relating to unsworn falsification to authorities. Dated:'? /~ hs Sf_ ~p qb~_ Arigela arner (') c -;1?;, d1;"'~ .;:.- ~:~ ! (jJ ;,: -~ ~l ~~ ~ ...., = = c.n <- <= r I -.I o 'Tl -! :r: n'Fd -om :n'!' Ou -'[I-f. ;o.:;...d ~"'o 15m --1 :1.0 -< -0 :x .t::" N ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : No. 05-1365 Defendant : CIVIL ACTION - LAW : DIVORCE DANIEL HARNER, DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNS]~LING 1. A Complaint in Divorce under Section 3301(c) ofthe Divorce Code was filed on March 16,2005. 2. The marriage of the Plaintiff and Defendant is irretril~vably broken and ninety days have elapsed from the date of the 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. 4. 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: 7/1'1/$.5 Signa:;:~- ,~~- Daniel Harner ----- o c ..,'- ~ '~ ~ (~- C-, i'~~~ rv c') ~, ;-';' .' cf\ v::; ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1365 Defendant : CIVIL ACTION - LAW : DIVORCE DANIEL HARNER, DEFENDANT'S WAIVER OF NOTlCE OF INTENTlON TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce witnout notice. 2. I IUlderstand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. 3. I IUlderstand that I will not be divorced IUltil a diVOfl:e 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. 4. I verify that the statements made in this Affidavit ar'~ true and correct. I IUlderstand that false statements herein are made subject to the penalties of I 8 Pa.C.S. ~4904 relating to IUlswom falsification to authorities. Dated: 7/13105 , Signa~..- ,~~ Daniell Hamer :. - -- n c ~, <.:? (.;:;::> ,oJ' ^ . ,~ co (} .:.:f\ ::;J i:'j~.~~ -. ~""\..' t:? <5\ \.D - ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1365 DANIEL HARNER, Defendant : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSEUNG 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 16,2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 4. 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. 94904 relating to unsworn falsification to authorities. Date: ~ s_~~ ~ Allgel Hamer 1 .." ~ 'f. o ..p Q. ~-:P. ~~ -o'Q (~Q, -:.T--(". 0"'"' 2'"'fn 6 ::;.\ ~ '2 ~ -0(5' ~r\' '-':" -..c>,-" %,7 -s( ~. ~'3 Y'C: 3. ~ ~ ~ (;") \ ()'\ - ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1365 DANIEL HARNER, Defendant : CIVIL ACTION - LAW : DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE 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. 4. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalti,es of 18 Pa.C.S. ~4904 relating to unsworn falsifIcation to authorities. Dated: c? J~ b,~ I ' Sigm'= ~ 1 \;jQlAJ 1\ f...}!! Harner ~ ~ ~ G"> , cJl 2- >? >- '"'0(,0 ~t\~ ~s, CQ'~, f\.<: '(~ v. c -z., ::<. ~ ~~ -r)~ b '1:,\ 95 "?- ft1 9 ~ .-0 ::s.: &" .. <=' U> - ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1365 Defendant : CIVIL ACTION - LAW : DIVORCE DANIEL HARNER, PRAECIPE TO WITHDRAW COUNT II OF COMPLAINT IN DIVORCE TO THE PROTHONOTARY: Kindly mark Count II the Complaint in Divorce filed March 16,2005 withdrawn and dismissed. By: ~ ------- Jeanne B. Costopoulos, Esquire Attorney for Plaintiff 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 P A S.Ct. ID No. 68735 Dated: %'1, !zCdT '" . ,- " ~ '1")1:f ri'"'\i; .~-" .. b;\~ /"- t: ~~'(~., z(i~, y~;-;. ~ ...( <;;j\ ~~ c; ~~ ~ %~ :::: ~ '-'" ~ ..D ~ <a. ~ c;, .,' 'H , ,',,'''""'''' ,," ANGELA HARNER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. 05-1365 DANIEL HARNER, Defendant : CIVIL ACTION - LAW : DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for entIy of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service by certified mail no. 70001530 0001 60020629. Affidavit of Service filed May 3, 2005. 3. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by the Plaintiff: August 2, 2005; by the Defendant: July 13, 2005. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in ~3301(c) divorce was filed with the prothonotary: August 5, 2005. Date Defendant's Waiver of Notice in ~3301(c) divorce was filed with the prothonotary: July 28, 2005. Dated: fit{ 4(JCf5 Respectfully Submitted: J~OPOU~ Attorney for Plaintiff 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9:546 P A S.Ct. ill No. 68735 9 ~, --0 (:~i f~5;' r--;. \.~, ; yc> 'Z.(~\ 7<:: ~ ~ ~ ~ G'" Q. \\ ~~ g <.;:J ~ ..D - o ~ .- .- .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . + + + + . + . . + + + + + . + + + . + . . + + . + . + + . + + + . + . + . . + . . + + . + .. . ++ ff.'+'Of.:+;:t:'+:'f.'f.:f.:+:;+::f T.:t' Of. +' +.;+;:t; + '+ +.:f.:+:;Ii +. 'f. +:+. 'f. + +. Of. + +. +:f;+:+ 'f. +:+. +++.++.+'+:'f.++':+'+T.++ + + + + . + . + + + . . + . + . + . , + , , . , + + . + +. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ANGELA HARNER No. 05-1365 VERSUS DANIEL HARNER DECREE IN DIVORCE AND NOW, ~d'" ~~.;;r /~:.r~I"h/ I , IT IS ORDERED AND DECREED THAT ANGELA HARNER , PLAINTIFF, AND DANIEL HARNER , 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. ATTEST~ ~ r ~ 1 PROTHONOTARY -.:' '!' ~ '!:! .. + ++ + T.+~++:f.++++++.+.+++++++++ .++.+++.+++++++++*++++++++++++++++++~ . + + + , + . . , + + + + + + + + + , + , . + . , + . , . + . . , + + , + + + + + + + J. , + + , + + + + + + + + , + + + + + + + + + + + + + + + + ~ ~ ~Jt, 59.}t'-? ~ ~ ~t? -pp 3rJ. ..p .' l "'". ".' < ~,... ',,, ., -