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HomeMy WebLinkAbout05-2431DENISE L. PLANK, Plaintiff V. GREGORY S. PLANK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. Os -.;14131 CIVIL ACTION - LAW 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 fights 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, One Courthouse Square, 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, Pennsylvania 17013 Phone: (717) 249-3166 DENISE L. PLANK, Plaintiff V. GREGORY S. PLANK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA No. dS-,Z y3l c? t u ? ??4izr~] CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary DENISE L. PLANK, Plaintiff V. GREGORY S. PLANK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. DS - ay3? CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE (30, L'-l 1. Plaintiff is Denise L. Plank, who currently resides at 6214 Edgeware Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is Gregory S. Plank, who currently resides at 5200 Cobblestone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 10, 1998 in Camp Hill, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 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 or its Allies. 8. The marriage is irretrievably broken. 9. 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. The parties to this action have been separated since March 5, 2005. WHEREFORE, the Plaintiff requests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. Date SI 9 I 0 s By: Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 JAMES, SMITH, DIETTERRICK & CONNELLY I ohn nn ly, Jr, Esquire tto e aintiff ?._? VERIFICATION I verify that the statements made in this Pleading 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 unworn falsification to authorities. Date: , OaI6 6 AJ Q >?, ? (lJl V1K r+ O -n ? T Rt?l DENISE L. PLANK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. : NO. 05-2431 GREGORY S. PLANK, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN ss. AND NOW, this 23'a day of January, 2006, personally appeared before me, a Notary Public in and for the State and County aforementioned, John J. Connelly, Jr., Esquire, who, being duly sworn according to law, deposes and says that a copy of the Divorce Complaint was served on the Defendant, Gregory S. Plank, on May 16, 2005, by certified mail number 7003 2260 0005 6552 8551, as evidenced by the return receipt card attached hereto and made a part hereof. Sworn to and subscribed before me this day of January, 2006. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Maria B. LaRue, Notary Pubk Deny Twp., DaupNn County My Commiaebn E)Otres Nov. B, 2008 Member, Pennsylvania Assoo71tlon of Notaries ¦ Complete items 1, 2, and 3. Also complete A. Sign item 4 if Restricted Delivery is desired. //?/ ? eft ¦ Print your name and address on the reverse x 111"`??? Addressee so that we can return the card to you. a. v b (Printed f,J? e) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, (/ or on the front if space permits. 1. Article Addressed to: D. Is d ifferent from item 1 ? Ye It YES, enter de &\address below: O.. h'Rec?bR? SPI?n1C? 67pps01 . 5aoo Cgb7,Q5?011e llRIV 3. ?Serves Type 1Zzltified Mail ? Express Mail 0 Registered 11 Return Receipt for Merchandise I US U ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. (Transfer 7003 2260 0005 6552 8551 Franskr from rom service labs)) PS Form 3811, August 2001 Domestic Return Receipt 102595-0iW-2509 ?, _, STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT DENISE L. PLANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. GREGORY S. PLANK, Defendant CIVIL ACTION - LAW NO. 05- 2431 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about May 11, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. b -102008 09/yW-0-1) d. flAW, DENISE L. PLANK rv ° ;??;:,- ,;?.; c ? va -?-? ?: - ? ? ?? r,:_ . ? _? °r ?-, s c:? -,, -? --?; M ?' .? ? ? C7?". - G STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT DENISE L. PLANK, v. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW GREGORY S. PLANK, Defendant NO. 05- 2431 CIVIL TERM IN DIVORCE 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 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 unworn falsification to authorities. Date: DENISE L. PLANK f 3 r'a C 7 y L7 t'77 STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT DENISE L. PLANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY S. PLANK, Defendant CIVIL ACTION - LAW NO. 05- 2431 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about May 11, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. AG m\,Lr 33 , 2008 c+J ni- I ??Wr? /"9 ire J ? STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR DEFENDANT DENISE L. PLANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY S. PLANK, Defendant CIVIL ACTION - LAW NO. 05- 2431 CIVIL TERM IN DIVORCE 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 verifythat 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: 9 301 0 C-li CA) c z? - c ? f ^-I f -4. STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR DEFENDANT DENISE L. PLANK, v. GREGORY S. PLANK, To the Prothonotary. IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-2431 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT ECORD Please 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 of service of the complaint: On or about May 16, 2005, defendant was served with a copy of the divorce complaint via certified mail (See Affidavit of Service previously filed on or about January 23, 2006) Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: September 28, 2008. Bythe defendant: September 30, 2008. (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b) (2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 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: N/A. r' (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary. September 30, 2008. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary. September 30, 2008. October, 2008 STACY B. OLF Attorney f Defendant 9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Denise L. Plank N 0. ),005 2431 VERSUS Gregory S. Plank DECREE IN DIVORCE AND NOW, 4?Gfd,?e4 "r , •7-0010' IT IS ORDERED AND DECREED THAT Gregory S. Plank AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; The Marital Settlement Agreement dated September 29, 2008 is incorporated here;u bar nfemnc but is not merged into this Decree. By THE C ATT PROTHONOTARY Denise L. Plank yo- /Or a .? ? ? .r X13 a: