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Home My WebLink About05-3025 . CHRISTINA T, DAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION : IN DIVORCE ALAN 1. DAY, Defendant : NO. 05- 3 (r~ CIVIL TERM 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. CUMBERLAND COUNTY BAR ASSOCIA nON 32 South Bedford Street Carlisle, P A 17013 (717)-249-3166 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, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American 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 CHRISTINA T. DAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION : IN DIVORCE ALANL.DAY, Defendant -' : NO. 05- .3Q.J..:;' CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. ~3301(c) and (d) OF THE DIVORCE CODE I, Plaintiff is Christina Day, whose address is confidential. Plaintiff resides in The plaintiff, Christina Day, by her attorneys, the Family Law Clinic, sets forth the following causes of action: Cumberland County, Pennsylvania. 2. Defendant is Alan Day, who currently resides at 1323 Sierra Drive, Virginia Beach, Virginia, 23453, 3, Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 19, 2001, in Hagerstown, MD. 5. Plaintiff and Defendant have lived separate and apart since April 25, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8, Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the Court to enter a decree of divorce dissolving the marriage, Date:/iih, ~~P~~ Certified Legal Intern THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Office: (717) 243-2968 Fax: (717) 243-3899 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pac C.S. 94904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. Date: Co cH~)C) QGtfLC ;;r~(t9-- ~ ~~ Christina Day \ ) CHRISTINA T. DAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : IN DIVORCE ALAN 1. DAY, Defendant :NO.OS- 16 ~ CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301( d) OF THE DIVORCE CODE I. The parties to this action separated on April 25, 2003 and have continued to live separate or expenses if I do not claim them before a divorce is granted. and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3, I understand that I may lose rights concerning alimony, division of property, lawyer's fees 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: Lc -~q -05 lL~VIJL. Christina Day - ......, = c:::) <.TO S-: ~ <:2 o -n ~'Il rnp- -om -"9 '"J6 ?~~:j '':\,f, ~;~ ~'-; ::< -, \-l w ~ -- N N - CHRISTINA T. DAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION : IN DIVORCE ALAN 1. DAY, Defendant : NO. 05- 10 J--SCIVIL TERM To the Prothonotary: PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Christina Day, Plaintiff, to proceed in forma pauperis, The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 0(rIo5- Respectfully submitted, ~~PE~ Certified Legal Intern ~ rwc36L LUC A MACDONALD-FOX Supervising Attorneys THE FAMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Office: (717) 243-2968 Fax: (717) 243-2968 n ...., 0 = f-~~ .;:;;""..::t -n cf' -l (- ~ c:...-: _'_11 ~'''i'' r-rlp ~- -_ofI; W :,,1: '~~h} '"1"' " 5~ .eh -'f~ 0(") <;:? ~~~~ rn !'-, ~.n - ..< ---------- CHRISTINA T. DAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION : IN DIVORCE ALAN 1. DAY, Defendant : NO. 05-3025 CIVIL TERM CERTIFICATE OF SERVICE: I, Brenda Coppede, Certified Legal Intern, Family Law Clinic, hereby certifY that I served a true and correct copy of the Complaint for Divorce on Alan Day, at 1323 Sierra Drive, Virginia Beach, Virginia 23453, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested on June 16,2005. Service was complete upon receipt by Alan Day on the day of June 21, 2005, as evidenced by the attached green card with the article number 70033110000457742648. ;/ / 2d.{;,rL Certified Legal Intern TIIE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Oflic'l: (717) 243-2968 Fax: (717) 243-3639 ....., 0 c:::;:t <::;;:::1 -n ~, '-- ..... c:: ::C-n n'F N -qfT1 ::j c.; co t'''' L -a :-,0d~~ ~.J:: ~~~ \ c.~ N ~7 =:~ u.' ::0 ..< ''''' .< c c_ ..0. 4. _"-4 DoIlwry?jBdnI_1 2. - 0004 5774 2648 7003 3110 F'S F"",,, 3811, .......,.. ~-...... "" ..iJoi:j.o~' _~-M~~640 i . , .. CHRISTINA T. DAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : IN DIVORCE ALAN 1. DAY, Defendant : NO. 05-3025 CIVIL TERM TO: ALAN 1. DAY You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 9 3301(d) affidavit. Therefore, on or after August 10, 2005, the other party 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAYBE 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, P A 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. CHRISTINA T. DAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : IN DIVORCE ALAN 1. DAY, Defendant : NO. 05-3025 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): () (a) I do not oppose the entry of a divorce decree. ( ) (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ( ) (i) The parties to this action have not lived separate and apart for a period of at least two years. ( ) (ii) The marriage is not irretrievably broken. 2, Check either (a) or (b): ( ) (a) I do not wish to make any claims for economic relief. 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. () (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.e.S. ~4904 relating to unsworn falsification to authorities. Date Alan 1. Day, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. () E sp;:'L -;" , ~~- j;.5:'~ 2. :;! 1 "'" = r:;:::J "'" ".. c: G") ~ :t::!l rn, -elm :~6 X::;j 00 6rn ,-1 ,~ :n -< o .." :Jj'; - .c -.l CHRISTINA T. DAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION : IN DIVORCE ALAN 1. DAY, Defendant : NO. 05-3025 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: 1. Ground for divorce: irretrievable breakdown under 9 330l(d) of the Divorce Code. 2, Date and manner of service of the complaint: United States mail, certified, restricted delivery, return receipt requested on June 21, 2005. 3. Date of execution of the Plaintiffs Affidavit required by S 3301(d) of the Divorce Code: June 9, 2005; Date of service of the Plaintiff's Affidavit upon the Defendant: June 21, 2005, 4, Related claims pending: none, 5, Date and manner of service ofthe notice of intention to file Praecipe to Transmit Record, a copy of which is attached: United States mail, first class, postage prepaid 0 July 19,2005, Date Brenda Coppede Certified Legal Intern ~ ~<ulJ(l" OB VRAINS THO AS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 o ~; "- ';~~~(j; ~it;:, S;.:::C -:-,~ ,>- ~'~ 7~ ::2. <.;; <3- '"'" c:: G~) - c::> ~ ~:!::\ -ol=n ~pC? c),O ~'-'\ -,:", ~):~3 ':;.:;;.,(? t>.\~ -\ :Jo~ '?t ~ -'~ - - ., o -' .' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . + + + + + + + + . + . . . . + . + + + . + + + . . . . . . . . . . . . . . + . . . . . . . . . . . . . "':f.'f.'f'f. . :f.:f. '" '" ~ ~~~ ~* 'f. ~~~ ~'" ~ :+.:+. :of. :f.:+.:f. Of. :f. +.;Ii:f. :f. Of.:f.:+' + Of.:+o Of. '" '" "',., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CHRTS'l'TJ:J~ 'l' nl!.v. No. 3025 2005 Plaintiff VERSUS ALAN T,. OilY, Defendant DECREE IN AND NOW, DIVORCE ~J.- It> IT IS ORDERED AND ,- J4J') , DECREED THAT rHRIS'I'TNA T. DAY , PLAINTIFF, AND ALAN L. DAY , 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 BY THE: COURT: . . THONOTARY . . '+':t::f.:f:+:f. :f.'f ;to:+: :f. +.;f.'f;f,:+. 'f'+' '+''f . . :+:'+1+'+ +:+:'f.:f.'f't. :+: ;to .. . .. :+: '+':+::+;+: '+:f. 't' Of.:+ ++ . . . . . . . . . . . . . . . . . . . . . . . . + + + . + . . . + . + + + . . . + . . + . . . + . . . + . . . + . + . + + . . + . . . . . J, + + + + . . . . + + . JI?t ~ ~ ~u-, >>:5?: - g .7:/ ~~ 4? rv 50-X.;" . . ._ " . ... ......... -J'~ - CHRISTINA T, DAY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION : IN DIVORCE ALAN 1. DAY, Defendant : NO. 05-3025 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted divorced from the bonds of matrimony on the 16th day of August, 2005, hereby elects to retake and hereafter use her previous name of Christina M. Thayer, and gives this written notice avowing her intention to do so pursuant to the provisions of 54 Pa, C.S, 9704. 0...- Christina M. Day Wishes to Be Known As: COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the 4'h day of October, 2005, before me, a Notary Public, personally appeared Christina M, Day, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained, IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. NO\i:i\'\a\ :~>>~_\ Laurie L. Wolf, Notary Public i South Middleton Twp., Cumberland Cr.'l.:-:-,;. j My Commission Expires Jan. 7, 2(\...:: 1_- ,,:'1"n";'~~l,.;;;=!~:C;-~.::;~~:-- ~... ~ ~ .-..::t 1'0 f c::..'> c ':.::) \) c."' -:\ C) \) C" -'~l --- ~ ~ c::-' ...c ...c -..,. , --- - Crt ~ " -~ ...( VI - (