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HomeMy WebLinkAbout05-2465ti TIMOTHY A. DUNCAN, Plaintiff VS. TAMMY DUNCAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - .,9` (,f CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY NOTICE 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, 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 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, PA 17013 (717) 249-3166 J TIMOTHY A. DUNCAN, Plaintiff VS. TAMMY DUNCAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - A440 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY COMPLAINT FOR DIVORCE UNDER SECTIONS 3301(c), or 3301(d) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is Timothy Duncan, an adult individual who currently resides atl l South Market Street, Shiremanstown, Pennsylvania 17011. 2. Defendant is Tammy Duncan, an adult individual whose current address is unknown, but believed to be somewhere in either North or South Carolina. 3. The parties are the parents of three minor children, Timothy Duncan, born December 29,1993; Thomas Duncan, born April 23, 1997; and Tyler Duncan, born July 11, 2001. 4. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 5. Plaintiff and Defendant were married on August 14, 1993 in Duncannon, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. Plaintiff avers that the grounds on which the action is based are: a. Section 3301 (c) - the marriage is irretrievably broken. b. Section 3301 (d) - the marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years and that the marriage is irretrievably broken. The parties are currently living in the same household, but have lived separate and apart since April 4, 2004. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. 10. Paragraphs 1 through 9 are incorporated by reference hereto as fully as though the same were set forth at length. 11. Plaintiff seeks custody of the following children: Timothy Duncan, born December 29, 1993; Thomas Duncan, born April 23, 1997; and Tyler Duncan, born July 11, 2001.. The children Timothy and Thomas currently reside with Plaintiff at 11 South Market Street, Shiremanstown, PA 17011. The child Tyler currently resides with Defendant at an unknown address. 12. The children were born in wedlock. 13. During the past five years, the child has resided with the following persons at the COUNT II - CUSTODY following addresses: Name Address Date Timothy Duncan Tammy Duncan 691 Cumberland Pointe Mechanicsburg, PA 17055 2000 - 2004 Tammy Duncan Salvation Army 2004 - 03/29/2005 Carlisle, PA 17013 Timothy and Thomas: Timothy Duncan 11 South Market Street 03/29/2005 - Present Patricia Duncan Shiremanstown, PA 17011 Tyler Duncan: Tammy Duncan Thomas Turner Unknown 03/29/2005 - Present 14. The mother of the children is Tammy Duncan whose current address is unknown, but believed to be somewhere in North or South Carolina. 15. The father of the children is Timothy Duncan whose current address is 1 I South Market Street, Shiremanstown, PA 17011. 16. The relationship of Plaintiff to the children is that of father. Plaintiff currently resides with his sons, Timothy and Thomas, and his mother Patricia Duncan. 17. The relationship of Defendant to the children is that of mother. Defendant currently resides with her son Tyler, and is believed to reside with a man named Thomas Turner 18. 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. 19. Plaintiff does not know of a person, not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 20. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. On or about March 29, 2005, Defendant contacted Plaintiff and told him to pick up the two oldest children at school because she was leaving and did not want them anymore. She indicated that she was taking the youngest child with her and was not coming back to the area again. b. Since March 29, 2005, Defendant has not contacted Plaintiff or the children. Defendant did not contact the child Thomas on his birthday. c. Since Defendant left the area, she has not given any indication as to her whereabouts other than she is somewhere in North or South Carolina. d. Since Defendant left the area, Plaintiff has learned a number of facts about Defendant's care of the children prior to March 29, 2005. 1. Plaintiff believes and therefore avers that Defendant was engaged in prostitution on a regular basis. 2. Based on information given to Plaintiff by the children, Plaintiff believes that Defendant may have left the children at home alone at times when she was engaged in prostitution. 3. Based on information given to Plaintiff by the children, Plaintiff believes that the children were regularly physically abused by Thomas Turner, the man believed to be Defendant's paramour. Plaintiff believes that Defendant is currently living with Mr. Turner, who is a truck driver. 4. Based on information given to Plaintiff by Defendant's family, Plaintiff believes that Defendant is using illegal drugs. e. In June, 2004, while the children lived primarily with Defendant, the local police found the youngest child wandering around town by himself and gave a warning to Defendant regarding this matter. f The two older children have indicated to Plaintiff their concern for the youngest child while in Defendant's custody. WHEREFORE, Plaintiff requests the Court to grant shared legal and primary physical custody of the children to Plaintiff. Respectfully Submitted, hu? e Megan lalone, Esquire Law Offices of LopezNeuharth LLP 401 East Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 1 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: co (?!?? Timothy Ylf)uncan C t ` f I C 7 r`7 I)- G ? V? A ?a j% CS- TIMOTHY A. DUNCAN, Plaintiff vs. TAMMY DUNCAN, Defendant COMPLAINT FOR CUSTODY 1. Plaintiff is Timothy A. Duncan, currently residing at 11 South Market Street, Shiremanstown, PA 17011. 2. Defendant is Tammy Duncan, currently residing at an unknown address. 3. Plaintiff seeks custody of the following children: Timothy Duncan, born December 29, 1993; Thomas Duncan, born April 23, 1997; and Tyler Duncan, born July 11, 2001. The children Timothy and Thomas currently reside with Plaintiff at 11 South Market Street, Shiremanstown, PA 17011. The child Tyler currently resides with Defendant at an unknown address. 4. The children were born in wedlock. 5. During the past five years, the child has resided with the following persons at the IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - o2i?l? y CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY following addresses: Name Address Date Timothy Duncan Tammy Duncan 691 Cumberland Pointe Mechanicsburg, PA 17055 2000 - 2004 Tammy Duncan Salvation Army 2004 - 03/29/2005 Carlisle, PA 17013 Timothy and Thomas: Timothy Duncan 11 South Market Street 03(29/2005 - Present Patricia Duncan Shiremanstown, PA 17011 Tyler Duncan: Tammy Duncan Thomas Turner Unknown 03/29(2005 - Present 6. The mother of the children is Tammy Duncan whose current address is unknown, but believed to be somewhere in North or South Carolina. 7. The father of the children is Timothy Duncan whose current address is 11 South Market Street, Shiremanstown, PA 17011. 8. The relationship of Plaintiff to the children is that of father. Plaintiff currently resides with his sons, Timothy and Thomas, and his mother Patricia Duncan. 9. The relationship of Defendant to the children is that of mother. Defendant currently resides with her son Tyler, and is believed to reside with a man named Thomas Turner 10. Plaintiff has not participated as a parry or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 12. Plaintiff does not know of a person, not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 13. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. On or about March 29, 2005, Defendant contacted Plaintiff and told him to pick up the two oldest children at school because she was leaving and did not want them anymore. She indicated that she was taking the youngest child with her and was not coming back to the area again. b. Since March 29, 2005, Defendant has not contacted Plaintiff or the children. Defendant did not contact the child Thomas on his birthday. c. Since Defendant left the area, she has not given any indication as to her whereabouts other than she is somewhere in North or South Carolina. d. Since Defendant left the area, Plaintiff has learned a number of facts about Defendant's care of the children prior to March 29, 2005. 1. Plaintiff believes and therefore avers that Defendant was engaged in prostitution on a regular basis. 2. Based on information given to Plaintiff by the children, Plaintiff believes that Defendant may have left the children at home alone at times when she was engaged in prostitution. 3. Based on information given to Plaintiff by the children, Plaintiff believes that the children were regularly physically abused by Thomas Turner, the man believed to be Defendant's paramour. Plaintiff believes that Defendant is currently living with Mr. Turner, who is a truck driver. 4. Based on information given to Plaintiff by Defendant's family, Plaintiff believes that Defendant is using illegal drugs. e. In June, 2004, while the children lived primarily with Defendant, the local police found the youngest child wandering around town by himself and gave a warning to Defendant regarding this matter. f. The two older children have indicated to Plaintiff their concern for the youngest child while in Defendant's custody. WHEREFORE, Plaintiff requests the Court to grant shared legal and primary physical custody of the children to Plaintiff. Respectfully submitted, i Megan Nglone, Esquire Attorney for Plaintiff Law Offices of LopezNeuharth LLP 401 E. Louther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 VERIFICATION I verify that the statements made in this Complaint 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. Section 4904, relating to unsworn falsification to authorities. Date: Timothy uncan TIMOTHY A. DUNCAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 05-2465 CIVIL ACTION LAW TAMMY DUNCAN IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, __ Tuesday_LMajl7, 2005 - , upon consideration of the attached Complaint, it is hereby directed that parties and their{ respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on __- Friday, June 10, 2005 at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define) and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ -Hubert X. Gilroy Esc 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 nformation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prig to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKOTHIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CA NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUTWHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ?Xil TIMOTHY A. DUNCAN, Plaintiff vs. TAMMY DUNCAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2465 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY PRAECIPE TO REINSTATE COMPLAINT FOR DIVORCE To the Prothonotary: Please reinstate the above captioned matter. Respectfully Submitted, Megan one Attorney for Plaintiff Law Offices ofLopezNeuharth, LLP 401 East Louther Street, Ste 101 (717) 258-9991 C' h> a ? } <rt 't'1 ^ rf? < ,.: ? cit ?G -_ -; J .., *? ,.. - .:.1 7 rn W ? RECEIVED JUN 2 3 2131h) m TIMOTHY A. DUNCAN, Plaintiff VS. TAMMY DUNCAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2005 - 2465 CIVIL TERM CIVIL ACTION - LAW DIVORCEICUSTODY COURT ORDER AND NOW, this 7 (a iday of June, 2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The father, Timothy A. Duncan, shall enjoy legal and physical custody of Timothy Duncan, born December 29, 1993, Thomas Duncan, born April 23, 1997, and Tyler Duncan, born July 11, 2001. 2. The mother shall enjoy periods of visitation with the minor children at such times and under such circumstances as agreed to by the father. 3. In the event mother is dissatisfied with the amount of time she is provided with the children by the father, mother may petition this Court to have this Order modified and have the case sent again to a Custody Conciliator for a conference. 4. Legal counsel for father shall serve a copy of this Order and the attached Custody Conciliation Report on the mother by sending it to her last known address. Cc: Megan Malone Riesmeyer, Esquire, G •?8-bs 0 RV T14F Vn1IRT_ LIA Y) i ro : r E t1i C- Ll-Lll , 1-7 j- CL O a ?? c,.s U TIMOTHY A. DUNCAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2005 - 2465 CIVIL TERM TAMMY DUNCAN, CIVIL ACTION - LAW Defendant DIVORCE/CUSTODY CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the children who are the subject of this litigation is as follows: Timothy Duncan, born December 29, 1993 Thomas Duncan, born April 23, 1997 Tyler Duncan, born July 11, 2001 2. A Conciliation conference was held on June 17, 2005, with the following individuals in attendance: Timothy A. Duncan, the father Megan Malone Riesmeyer, attorney for Plaintiff 3. The mother did not appear at the conference, and it appears she has not been served. However, the mother delivered the older two children to the father on March 29 of this year and said she was leaving town with the youngest child. The mother then returned to the area and delivered the youngest child to the father, and father now has custody of all three children. The whereabouts of mother is unknown. 4. The Conciliator recommends an order in the form as attached. BIZ wo s? r Date Hubert N. Gila y, Esquire Custody Conciliator TIMOTHY A. DUNCAN, Plaintiff VS. TAMMY DUNCAN, Defendant fN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2465 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY PRAECIPE TO REINSTATE COMPLAINT FOR DIVORCE To the Prothonotary: Please reinstate the above captioned matter. Respectfully Submitted, Date: 13 ZDd f) _ Aw-oxe Megan Malone Attorney for Plaintiff Law Offices of LopezNeuharth, LLP 401 East Louther Street, Ste 101 (717) 258-9991 ? ?" r> ?., .? 4-: -? -r ??, r; ? "r (,) ( l ?..? .. t ?. J ? ?{? . ?__? I^ ` ?..? r ? ` 4 L SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-02465 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUNCAN TIMOTHY A VS DUNCAN TAMMY R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT DUNCAN TAMMY but was unable to locate Her to wit: in his bailiwick. He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - DIVORCE On July 21st , 2005 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dep Dauphin County 26.25 Postage .74 V J l J 07/21/2005 LOPEZNEUHARTH So answer RThomas Kline Sheriff of Cumberland County Sworn and subscribed to before me this o2G'? day of cro A.D. ?n A .Y?a.//C? lA ?JYY/a "?iK4 Prothonotary' In The Curt of Common Pleas of Cumberland County, Pennsylvania Timothy A. Duncan vs. Tanny Duncan 05-2465 civil No. Jtane.l5, 2005 Now, , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now, within upon at by handing to a 20`, at o'clock M. served the and made known to copy of the original the contents thereof. So answers, Sheriff of Sworn and subscribed before me this , day of 20 COSTS SERVICE MILEAGE _ AFFIDAVIT County, PA 1 0 f 14je ?$4rr ff Mary Jane Snyder Real Estate Deputy William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 255-2660 fax: (717)255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin DUNCAN TIMOTHY A vs DUNCAN TAMMY Sheriff's Return No. 1081-T - - -2005 OTHER COUNTY NO. 05-2465 J. Daniel Basile Chief Deputy Michael W. Rinehart Assistant Chief Deputy I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for DUNCAN TAMMY the DEFENDANT named in the within NOTICE & COMPLAINT IN DIVORCE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUM, July 13, 2005 AS PER COUNSLER, DEFENDANT IN NOT AT THIS RESIDENCE Sworn and subscribed to before me this 13TH day of JULY, 2005 NOTARIAL SEAL MARY JANE SNYDER, Notary Public Highspire, Dauphin County My Commission Expires Sept 1, 2006 So Answers, Sheriff of Dauphin County, Pa. By Deputy Sheriff Sheriff's Costs:$26.25 PD 06/20/2005 RCPT NO 207983 TIMOTHY A. DUNCAN, Plaintiff vs. TAMMY DUNCAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 2465 CIVIL TERM CIVIL ACTION - LAW DIVORCE/CUSTODY PRAECIPE TO REINSTATE COMPLAINT FOR DIVORCE To the Prothonotary: Please reinstate the above captioned matter. Respectfully Submitted, Date: (D OS Ake? h&&y Megan alone Attorney for Plaintiff Law Offices of LopezNeuharth, LLP 401 East Louther Street, Ste 101 (717) 258-9991 M1a \? J C_'..J l.i ?i ?_:.) -?° r] .dJ _. W TIMOTHY A. DUNCAN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005 - 2465 CIVIL TERM TAMMY DUNCAN, : CIVIL ACTION - LAW Defendant DIVORCE/CUSTODY Affidavit of Service 1, Megan Malone, Esquire hereby state that on October 26, 2005, I mailed by First Class U.S. Mail and by Certified Mail, No.7005-1820-0002-4614-8242, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant, Tammy Duncan, at c/0 Cumberland Valley Motel, P.O. Box 84, New Kingston, Pennsylvania 17072-0084, the last known mailing address of Defendant, which documents were received on November 7. 2005, as evidenced by the attached Return Receipt Card. 1 _ /? /i' Luxe? Meg44 Malone Law Offices of LopezNeuharth LLP 401 East Lowther Street, Suite 101 Carlisle, PA 17013 (717) 258-9991 I r' Complete items 1, 2, and 3. Also complete A. Signature Item 4 if RestrictetTDolivery, is desired. X 0 Agent ' ¦ Print your name and address on the reverse 1 . 0 Addressee 5o that we can return the card to you. 8 Received by ( ' to Neme) C. Date of Delivery ¦ Attach this card to the back of the mailpiece, , or on the front if space permits. ' 0 Yes D. Is delivery address d 17 1. Article Addressed to: If YES, enter delivery a 0 No "` X. 1 , + //)? V P 3 S i T , - . erv ce ype /70 72 _ m Mail 13 1Cegiifled Mail R i t f R i t d M h di 00 8y u arum ece p or eg s ere erc an se .0 4. Restricted Delivery? (Extra Fee) Rryes ?. Article Number 7005 1820 0002 4614 8242 ' (Transfer from service label) ____- PS Form 3811, February 2004 Domestic Return Recelpt 102595-02-M-1540 i EXHIBIT A ?? ?-? <_ ?, =, -„ _ >,-: - _r < ? i5 -_ .r4, ? C:? !1 7 -` u , TIMOTHY A. DUNCAN, Plaintiff VS. TAMMY DUNCAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 2465 CIVIL TERM CIVIL ACTION-LAW DIVORCE/CUSTODY PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Tammy Duncan, Defendant in the above captioned matter. Date: l 3 D Angelic evelant Certified Legal Intern Robert .- ains, Esquire L_ .. Lucy Johnston-Walsh, Esquire Ann MacDonald-Fox, Esquire Thomas Place, Esquire Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 .-J ' .. ? ' si (. TIMOTHY A. DUNCAN, Plaintiff V. TAMMY DUNCAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 05- 2465 CIVIL TERM NOTICE TO PLAINTIFF If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on April 4, 2004, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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 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 vww `? Tammy D Defendant TIMOTHY A. DUNCAN, Plaintiff V. TAMMY DUNCAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 05- 2465 CIVIL TERM CERTIFICATE OF SERVICE I, Candace McCauley, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of a Defendant's Affidavit under section 3301(d) of the Divorce Code on the following person by first class U.S. Mail, postage prepaid, this 4+'?' day of 2007. Aaron Neuharth, Esquire Lopez Neuharth Law Offices 232 Lincoln Way E P.O. Box 359 Chambersburg, PA 17201 CAZ&k \-0 Candace McCauley Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r"J (.1) - rn TIMOTHY DUNCAN, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE TAMMY DUNCAN, Defendant NO. 05 - 2465 CIVIL TERM CERTIFICATE OF SERVICE I, Susan C. Plano, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a Notice of Intention to Request Entry of §3301(d) Divorce Decree on the following person by first class U.S. Mail, postage prepaid, this 31St day of May, 2007: Aaron Neuharth, Esquire 232 Lincoln Way E P.O. Box 359 Chambersburg, PA 17201 C7 p Susan C. Plano Certified Legal Intern Anne M-aMbnald-Fox Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r. -OM f yr CJ "?L7 -s .R .. . TIMOTHY DUNCAN, Plaintiff V. TAMMY DUNCAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 05 - 2465 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown and separation for two years under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served by First Class U.S. Mail and by Certified Mail, Return Receipt Requested on November 7, 2005. Date of execution of the affidavit required by § 3301(d) of the Divorce Code: March 30, 2007. 4. Date of filing and service of the Defendant's affidavit upon the Plaintiff. April 4, 2007. 5. Related claims pending: None. 6. Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: Service by Certified Mail, Return Receipt Requested on Plaintiffs counsel on May 31, 07. Date 7 Susan C. Plano ertified Legal Intern 4G.a,a - Robert E. ains, Esquire Lucy Johnston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire William G. Martin, Esquire Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 .r . TIMOTHY DUNCAN, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW V. : DIVORCE TAMMY DUNCAN, Defendant :NO: 05 - 2465 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: PLAINTIFF You are a parry in an action for divorce. You have failed to file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after June 20, 2007, the other parry can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available 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 conference or hearing. C7 7 Hi Mf - M ant.. 1 V W or, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TIMOTHY DUNCAN, Plaintiff VERSUS TAMMY DUNCAN, Defendant No 2465 2005 No. DECREE IN DIVORCE AND NOW, t C) IT IS ORDERED AND TIMOT Y DUNCAN DECREED THAT AND TAMMY DUNCAN 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; NONE BY THE COURT: ATr MSt: I i LelliIV Yi i I J. PROfiHON45TA,RY -oor ? ?emu c?•? b