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HomeMy WebLinkAbout05-5172 7172384809 Cunninghal11 and Chernl 1136:52a,111 10-03-2005 2/2 Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA · CASE NO. OS; - 517.<. {!;CJ~L '-r ~ DAVID C. DECK, v. HEIDI L. HAUPT DECK, Defendant : CNIL ACTION - LAW : IN DIVORCE 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 minor 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 Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumbeiland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Telephone: (800) 990-9108 DAVID C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO. ()5 - 5/7~ CI'u,L~~ v. HEIDI L. HAUPT DECK, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE COUNT I AND NOW, comes the Plaintiff, David C. Deck, by and through his attorneys, Cunningham & Chemicoff, P .C., and seeks to obtain a Decree in Divorce from the Defendant and in support thereof avers as follows: 1. The Plaintiff, David C. Deck (the "Plaintiff'), is an adult individual who resides at 11 Ashburg Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. The Plaintiff is a citizen of the United States of America. Plaintiff's Social Security Number is 199-58-2278. 2. The Defendant, Heidi L. Haupt Deck (the "Defendant"), is an adult individual who resides at 329 Spring Lane, Enola, Cumberland County, Pennsylvania 17025. The Defendant is a citizen of the United States of America. Defendant's Social Security Number is 155-64-3244. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the last six (6) months immediately previous to the filing of this Complaint. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least the last six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on April 10, 2004, in Berks County, Pennsylvania. 6. The Plaintiff avers as the grounds on which this action is based that the marriage between the parties is irretrievably broken. 7. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and that the Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff, David C. Deck, prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. By: Date: September)/: 2005 2 . . VERIFICATION I verify that the statements made in the foregoing Complaint 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. ;k.JcaJ DAVID C. DECK Date: " ')(1 Q-\ - d.. ~ ,2005 .. AFFIDA VIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA : ss; COUNTY OF DAUPHIN The Plaintiff, being duly sworn according to law, deposes and says that he is the Plaintiff in the above captioned matter and that he personally knows that the Defendant is over the age of eighteen (18) years. The Plaintiff further avers that the Defendant is not in the Military Service or in any branch ofthe Armed Forces of the United States of America or its Allies or otherwise within the provisions of the Soldier's and Sailors' Civil Relief Act of Congress of 1940 and its Amendments. ~ C .Vtr)L DAV D C. DECK I SWORN and Subscribed to Before me t~s~ day of Se tJ -eN beR.- ,2005. I ?~ ;(f,g~ NOTARY PUBLIC I' ~ --- I, . Notanal Seal ---'-"---"-, . LInda 8. Deaven, Notary Public ! eft Of Har~sburg, Dauphin County ..!.~y.~~mmlsSl~n Expi:.~s Feb. 2:'5. .::~:~j ;'.' ....,.';~ Pen'" :~'.,' ''':''''P':;'<<',')C';,,:;'t'iv~0: r<::'::<I,;.$ - AFFIDA VIT COMMONWEALTH OF PENNSYLVANIA : ss; COUNTY OF DAUPHIN I, DAVID C. DECK, being duly sworn according to law, depose and say: (1) 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 understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. (3) 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. /~j C /r:d DA ID C. DECK SWORN and Subscribed to Before me this d 6/4 day of 5ezOJeNbet2-- ,2005. v ~ d ~~f-/ NOTARY PUBLIC I' . Notarial Seai i .Lmda B. Deaven, Notary PubliG ' City Of I-./arrisburg, Dauphin County .::~;~~~1ISSI0n E:~!r.~~~..:..25,_ ~~?~I~..1 t.; ".:;; .:.:ei, Pr~n", -'::"~ !\~-/:-~nr'; '_11'(;n ~::' f',: ~ -0 W It) C> (j 7't- ..J:) lI( ~ C> -Lq. ~ o ~ \) ~ ~ ------ n (~,~_:~ ......:> ~'~., 7:.~<') <:1" o ("eo ~~,~ -~ -(~;~;l\ -'0 l.') 0 :',: ..~ \-n ~:::\ <-:? :s:} f"-'" -...:.... v? -;::J ~ ",-; re' DAVID C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CASE NO. 05-5172 v. HEIDI L. HAUPT DECK, Defendant CIVIL ACTION - LAW IN DNORCE CERTIFICATE OF SERVICE I do hereby state that I served a true and correct copy of the Complaint in Divorce, with regard to the above captioned matter, by placing the same in the United States mail, first-class, postage prepaid, certified mail, return receipt requested, restricted delivery, in Harrisburg, Pennsylvania, on October 5, 2005, as per the attached return receipt card, addressed to: Heidi L. Haupt Deck 301 Chestnut Street Pennsylvania Place, Suite 102 Harrisburg, P A 1710 1 Date: October 7, 2005 C~INGHAM & CHERNICOFF, P.C. By:>!sil1~ (J Mh/lCkf//( Stacy A. S enberger 1 2320 North Second Street P. O. Box 60457 Harrisburg, P A 17106-0457 1\~. . ~ '- 1, 2, ond 3. AllIo complete .' ;{j A. Itern 4 W FleIdrk.llod Delivery Is deslnld. "~'; . Print your riame ond addnloa on the reverse " so that we can I81um the card to you. . AII8CI\\h18 card to the back of the mallplece, or on the lronI W specepermlts. I. ArtIcle_to, ~e"ldi t... ~pt Dee.!' ~o I ljl6h1tJ 'Stleet Ul, l\'3I.(\-Ja.<lio. P1~tt)~i~ ((\Sbu(~ ~A l,tO! 3. .IlepIc8Type "l!l()ortlllocl- [J Reg' '..l!ld IJ__ Q.ElcpI-. - )I!-..,~for~ IJ C.O.D. 2. =-1ebOI) ,'t~ Ifl~'" !~(1~. 3~~ PS Form lMJh ~2Dli1 . ,.. " , , n ROceIPt ,....-.... 0 "-' c') = ~,-;'; = -., <::J'l D ~ ("") -1 N ;'-, "-0 C,) C".:; DA VlD C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO. 05-5172 v. HElDI L. HAUPT DECK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce after service of Notice ofIntention to Request Entry of the Decree. I verify that the statements made in this Affidavit are true ,md 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: () I /0)- lob Il '/ t tJr) ~k (") " c> -n ~.- ::""3 ,'--",-' c:::' l,C) " ~ (J. DAVID C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO. 05-5172 v. HEIDI L. HAUPT DECK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE com; 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! 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. S4904, relating to unsworn falsification to authorities. Date: 0110) /or.. , ~jc.~:J David!C. Deck :~ ;:-\'::, .- c: -" , ~"O- L"'~ C' DAVID C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO. 05-5172 v. HEIDI L. HAUPT DECK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3, I consent to the entry of a Final Decree of Divorce after service of Notice oflntention to Request Entry ofthe Decree. 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: J I ~)/ hG Il.j ( tJrJ David C. Deck (") c~ V;tl- ,,' CJ C) 0' () :.on .-1 -:r: fn <- -,.,"", c:' :r.~~ \9 r:)1 r:..F DAVID C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO. 05-5172 v. HEIDI 1. HAUPT DECK, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 3, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry ofa Final Decree of Divorce after service of Notice ofIntention to Request Entry of the Decree. 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. S4904 relating to unsworn falsification to authorities. Date: l,hf()()1fi _rPk~ H Cli. pt eck .-----. r-' c:.~... ,;":.:.1 c.-' ,..Y ~ ;:';:..,," .- - l'0 -n C) -n ....\ -- ~,~ r;? c o DAVID C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff CASE NO. OS-SIn v. HEIDI 1. HAUPT DECK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330l(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. 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. S4904, relating to unsworn falsification to authorities. Date: ollof /or, . ~j c. fed David/C. Deck 6~r( ~ ",(i;; Cj..... r-~J ;:"i-\ ~. :.:..- - o ,-0 .' ------ DAVID C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO. 05-5 I 12 v. HEIDI 1. HAUPT DECK, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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! 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. S4904, relating to unsworn falsification to authorities. Date: I /1h~(, { , " r-' c:::) 0 C-;} -n .;:.)""" ~ .-1 ~ - \Yi?-~ ..,..,I-r: C~ N , ~ C.i - "'j : -:J . < c:~ iT' 1'.,) '.-==\ ::..:.1 0 ~ .-< .- . DAVID C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO.05-51n v. HEIDI 1. HAUPT DECK, Defendant CNIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under S3301(c) or S3J01(d)(1) ofthe Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: Defendant was served with the Complaint via certified mail. return receipt requested. restricted deliverv. on October 3. 2005. in accordance with the Certificate of Service filed with this Court on October 7. 2005. 3. (Complete either Paragraph (a) or (b)). (a) Date of execution of the Affidavit of Consent required by S3301( c) of the Divorce Code by Plaintiff on January 5. 2006 and by the Defendant on Januarv 4.2006. (b)(1) Date of execution of the Affidavit required by S3301(d) ofthe Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: N/ A. 4. Related claims pending: None. 5. (Complete either Paragraph (a) or (b)). (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record. N/A. Plaintiff and Defendant have filed Waivers of Notice of Intention to Request Entry ofa Divorce Under Section 3301(c) of the Divorce Code with the Court. '. (b) Date Plaintiff's Waiver of Notice in S330l(c) Divorce was filed with the Prothonotary: January 6. 2006. Date Defendant's Waiver of Notice in S330I(c) Divorce was filed with the Prothonotary: January 11. 2006. c By: lyM. 1. . #873 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 (Attorneys for Plaintiff) 2 -. .. DAVID C. DECK, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CASE NO.05-5In v. HEIDI 1. HAUPT DECK, Defendant CNIL ACTION - LAW IN DNORCE CERTIFICATE OF SERVICE I, Stacy A. Sollenberger, Secretary with the law firm of Cunningham & Chernicoff, P.c., hereby certify that on the 11 th day of January, 2006, a true and correct copy of the Amended Praecipe to Transmit Record was served by first-class U.S. Mail, postage prepaid, to: Ms. Heidi 1. Haupt Deck 329 Spring Lane Enola, P A 17025 CUNNINGHAM & CHERNICOFF, P.C. By: ~~ 0..>1t hndl'?rU Stacy Sollenberger 2320 North Second Street P. O. Box 60457 Harrisburg, PA 17106-0457 3 .-" ..--- ".-_..,--"-,~"--~----. (') ~ II"-<~ C~~) ,,-:, cr. o -n :-:1 ~ N "J o ------ ,," " " " . . " . . . . " . . . ""'f 't';f. + " .. 'f.'f.:+:+: :+:++.+. :++.+.+.+~+.:++++.++++.+~ . . . . . " . " " :+ +. '+' + + 0+; +;+: .. .. ++.'f.;t':+ .. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY " . . . . . . " . . . " . " . . . . + . . . " . . . + . " . . . . . . + . . . . " . . . " . . . . . DAVID C. DECK PENNA. STATE OF No. 05-5172 VERSUS HEIDI L. HAUPT DECK DECREE IN DIVORCE 1" "'-' Z'f- , Z-dO(,. , IT IS ORDERED AND AND NOW, DAVID C. DECK DECREED THAT , PLAINTIFF, HEIDI L. HAUPT DECK AND , 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 O~J PROTHONOTARY :+;+:+':+':i'++ +++.+.+.+++.+.+.+++.++++++.++.+? '+'+++''f+ " " Of. +. +. +. +++.+;+:+ +:t:++ +:+:++'1'++ . . . . . . . . . . . . . . . . . . . . . . . " . . . . . . . . . . . . . . . . . . . . . . . . . . . . .J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . /~ ,f ilJ/ ?~?~Vj.f.., '?,I(7 h t' ./ ~d' ~ :p /}r?c'fr -~ I'{} -7(/' At. / ., . .. ~ ...