HomeMy WebLinkAbout05-1876d
Daniel J Carl, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUN~}TY, P/ENNSY~LV~AyN-IAA
Erica A Carl, :CIVIL ACTION -LAW
Defendant IN DIVORCE
NOTICE
You have been sued in Court. If you wish to defend against the claims set forth
in the following papers, you must take prompt action. You are warned that if you fail to
do so, the case may proceed without you and a Decree in 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 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
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717)249-3166
James Miller, Esquire
Attor y for Plaintiff
Daniel J Carl, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND C/OUNTY, P/E~NNSYLVANIA
Erica A Carl, :CIVIL ACTION -LAW
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Daniel J Carl, who currently resides at 2 Wineberry Drive,
Mechanicsburg, PA.
2. Defendant is Erica A Carl who presently resides at 2 Wineberry Drive,
Mechanicsburg, PA.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least
six months immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on November 5, 1994 in Cumberland
County, Pennsylvania
5. There has been an action for divorce or annulment between the parties
filed to Cumberland County Court of Common Pleas, docket number 00-1528 which had
been dismissed.
6. The Plaintiff is a citizen of the United States of America.
7. The Defendant is not a member of the Armed Services of the United
States of America.
8. The Plaintiff has been advised of the availability of counseling and that the
Plaintiff may have the right to request that the Court require the parties to participate in
counseling.
COUNT 1
9. The prior paragraphs of this Complaint are incorporated herein by
reference as though set forth in full.
10. The marriage of the parties is irretrievably broken.
WHEREFORE, Plaintiff requests this Honorable Court to:
a) enter a decree dissolving the marriage between Plaintiff and
Defendant;
Respectfully Submitted,
Miller Lipsitt LLC
Bv:
James A Miller, quire
Attorney for P 'tiff
2157- et Street
Camp Hill, PA 17011
(717)737-6400
VERIFICATION
I verify that the statements made in this Divorce 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.
DATE: ~ ~~ ~~
Carl, Plaintiff
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Daniel J Carl, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
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v, NO. 05-1&~5-Civil Term
Erica A Carl, :CIVIL ACTION -LAW
Defendant : IN DIVORCE
ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT
I, Erica A Carl, Defendant in the above captioned matter do hereby on the date
indicated below accept service of the divorce complaint filed by Plaintiff, Daniel J Carf,
to the above term and docket.
Date:
Erica A Carl, Defendant
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Daniel J Carl, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 05-1876 Civil Term
Erica A Carl, :CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
April 11, 2005 and service was obtained upon the defendant by defendant accepting
personal service thereof on May 4 2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint and service upon Defendant of
the same.
3. I consent to the entry of a Final Decree in Divorce after service of notice of
intention to request entry of the decree.
4. 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.
I further understand that the Court maintains a list of marriage counselors in the
Prothonotary's 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.
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.A. Section 4904, relating to unsworn falsification to authorities.
Date: ~w 2 3 ~Z.-F) 9 6 - ~~~-~ l
Daniel J Carl
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Daniel J Carl, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. NO. 05-1876 Civil Term
Erica A Carl, :CIVIL ACTION -LAW
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(cl 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 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 herein in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. A.
Section 4904, relating to unworn falsification of authorities.
Date: cJ C~ 2~ L~ ~ ~`i . ,.X `~ `~~~
J Carl
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Daniel J Carl, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v, NO.05-1876 Civil Term
Erica A Carl, :CIVIL ACTION -LAW
Defendant IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
April 11, 2005 and service was obtained upon the defendant by defendant accepting
personal service thereof on May 4, 2005.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90)
days have elapsed from the date of filing the Complaint and service upon Defendant of
the same.
3. I consent to the entry of a Final Decree in Divorce after service of notice of
intention to request entry of the decree.
4. 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.
I further understand that the Court maintains a list of marriage counselors in the
Prothonotary's 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.
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.A. Section 4904, relating to unsworn falsification to authorities.
Date:
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Erica A Carl
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Daniel J Carl, IN THE COURT OF COMMON PLEAS
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. N0.05-1876 Civii Term
Erica A Carl, :CIVIL ACTION -LAW
Defendant IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c1 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 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.
verify that the statements made herein in this affidavit are true and correct. I
understand that false statements are made subject to the penalties of 18 Pa. C.S. A.
Section 4904, relating to unworn falsification of authorities.
Date: ~ .
Erica A Carl
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Daniel J Carl,
Plaintiff
v.
Erica A Carl,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO.05-1876
CIVIL ACTION -LAW
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
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) of the
Divorce Code.
2. Date and manner service of the Complaint: Defendant accepted personal service
of a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on May 4 2005
3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention
Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code:
by Plaintiff: January 23 2006
by Defendant: November 10 2006
Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree
required by Section 3301(c) of the Divorce Code:
by Plaintiff: January 31 2006
by Defendant: November 29 2006
4. Related claims pending: There are no related claims pending.
Respectfully Submitted,
Miller Lipsitt LLC
By: ~i4^-- _
Jarrtitis A M' ler, Esquire
Attorney r Plaintiff
356 h 21St Street
p Hill, PA 17011
(717) 737-6400
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[ N THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ^ ~ PENNA.
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Daniel J Carl
Plaintiff
VERSUS
Defendant
NO. 05-1876
DECREE I N
DIVORCE
AND NOW,_ 1 ,d `~ , ~~ lT IS ORDERED AND
DECREED THAT Daniel J. Carl PLAINTIFF,
AND
Erica A. Carl 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;
BY THE COURT:
PROTHONOTARY
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