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HomeMy WebLinkAbout05-5310In the Court of Common Pleas of Cumberland County, Pennsylvania DEIDRA K GARNETT, ) Plaintiff, ) VS. ) No. 200 S- S 3/0 et;'a -rz - dr4 ?uitikplbcr?jrr ) CIVIL TERM Defendant. ) 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 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: Office of the Prothonotary Cumberland County Courthouse Carlisle, Pennsylvania 17013 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. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 G)8IJr6k- 6rarKe- f?- ')/?2 LG lift e / /I dr L".rnlcy/?e PA i'70g-3 "7/17- &,z 3- 5/v3 -7 In the Court of Common Pleas of Cumberland County, Pennsylvania DEIDRA K. GARNETT, ) Plaintiff, ) VS. ) No. 200:5- .S- 3 / o T?- Arun Vr I br/-ry r j CIVIL TERM Defendant. ) IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE Plaintiff, by sc l 1 <}?f<yt?q f/ respectfully represents: l ? r/?dG Plaintiff is Deidra K. Garnett, who resides at- '/,2 Cumberland County, Pennsylvania,/ 74'/3, sincce7yA?prril 200 2. Defendant is '?? c Kle?f Prlyr, 1io resides at t?i/!v h-11ao.1 e'V. ?? 5?n Cumberland County, Pennsylvania, 17013. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on , R u , ? o0?; AzvG aue (< Pf}` There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart. At a subsequent time, plaintiff /ns- I& may submit an Affidavit that the parties have lived separate and apart for at least two (2) years. 11 epLddiuL juts ?ylr'otfC?rz, r4 9G5? i?7?? ?G/ <. 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. 9i Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this 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 unworn falsification to authorities. % Date: Deidr . Garnett, Pla' / In the Court of Common Pleas of Cumberland County, Pennsylvania DEIDRA K. GARNETT, ) Plaintiff, ) VS. ) No.2004- S'3io ?cv? l /rr }a4t?C??bCY-r1 ) CIVIL TERM Defendant. ) IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in 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 being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. r' ? O `D Q, O ti ? a In the Court of Common Pleas of Cumberland County, Pennsylvania DEIDRA K. GARNETT, Plaintiff, ) ) Vs, ) No. 2005-5310 ART DUNKELBERGER, } CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF SERVICE I, Deidra K. Garnett, Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. 705 1820 0002 4617 4135, return receipt requested, by depositing the same in the United States mail on 10/11/2005, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by a representative of the Cumberland County Prison, "CCP". the Defendants place of incarceration, signed by "M. A. Darhower, on 10/13/2005." I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Deidra Garnett 712 Hummel Avenue Lemoyne PA 17043 717-623-5637 ?, P-._; _ t-:- = , i F?. ?, ., - _... __, ??? w In the Court of Common Pleas of Cumberland County, Pennsylvania DEIDRA K. GARNETT, Plaintiff, ) Vs, ) No. 2005-5310 ART DUNKELBERGER, ) CIVIL TERM Defendant. ) IN DIVORCE AFFIDAVIT OF SERVICE I, Deidra K. Garnett, Plaintiff, in the above captioned action for divorce, hereby state that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by Certified Mail No. 705 1820 0002 4617 4135, return receipt requested, by depositing the same in the United States mail on 10/11/2005, pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the green return receipt card attached hereto, the Complaint was received by a representative of the Cumberland County Prison, "CCP". the Defendants place of incarnation, signed by "M. A. Darhower, on 10/13/2005." I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification t authorities. Deidra Garnett 712 Hummel Avenue Lemoyne PA 17043 717-623-5637 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?r - Ou i& Cif I b rz r?erllt CQr ?C s?? PA 1 qO 1.3 2. Article Number (Transfer from service label) 7005 A. S' nature ? Agent ? Addressee B. Receive?t by (Printed Name) C. Datj of Delivery 41,1 -f ?f / j " j / V41% I. _ i -,-- D. Is delivery ac!dress different from item 1? ? Yes If YES, enter delivery address below: lp No 3. Service Type Certified Mail ? Express Mail egistered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 1820 0002 4617 4135 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 c.; Curtis R. Long Prothonotary office of the Protbonotarp Cumbertanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 5 - C3 (C) CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY n.,o rn,.rthre,cP .Rmmm • Carlisle. Pennsvivania 17013 • (717) 240-6195 • Fax (717) 240-6573 January 29, 2009 Deidra Garnett IN THE COURTS OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs. Docket No. 05-5310 Arthur Dubkelber eg r III Civil Term Defendant MOTION OF COURTS TO REVERSE TERMINATION OF CO RT CASE Plaintiff, Deidra Garnett, request this action by the Courts with respect to the following claims: Plaintiff needs to finalize the Divorce proceedings by filing a Motion for Appointment of Master. Plaintiff respectfully requests the following action: The attached Motion for Appointment of Master to move the court to appoint a master is granted. ORDER OF COURT AND NOW, this day of , 2009, having reviewed the petition for Motion for appointment of Master, IT IS ORDERED THAT THE ABOVE CASE IS HEREBY REOPENED AND THE MOTION FOR APPOINTMENT OF MASTER BE 4aAPTED BY THE PROTHONOTARY, CURTIS R LONG. Garnett, By the Court, Plaintiff c ,: at ,r 16 Cla??'? Qr11.? ?' : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff ArAur &4moJsDukelifffeCo : Docket No. 05 -531D Defendant L ieldte, CxQrhe t: j:- (Plaintiff) moves the court to appoint a master with respect to the following claims: Divorce () Distribution of Property () Annulment ( ) Support l Alimony () Counsel Fees () Alimony Pendente Lite ( Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. (2) The defendant (has not) appeared in the action (personally) (by his attorney, . Esquire). (3) The Staturory ground (s) for divorce (is) (are) DC5e4ikA of 4,tj /h/ ffiaae' &4-1kr4, Crlainat hbus?e (4) Delete the inapplicable paragraph(s): a. The action is not contested. (5) The action (does not involve) complex issues of law or fact (6) The hearing is expected to take (hours) (days). (7) Additional information, if any, relevant to the motion: d? eKda??+ t5 Q.utrc?Il lbH-hy. yDr/C CD. ?nsnti and 99,99 Date: Print. Name AND NOW, , 20_____, is appointed master with respect to the following claims: -t n Esquire By the Court: i January 29, 2009 There are no children of the marriage. There is no property of the marriage. There are no marital assets. Plaintiff: Deidra Garnett PO BOX 11454 Harrisburg PA 17108 Docket No. 2005-5310 Ph: 717-623-5637 Work: 717-783-8835 8:00 AM - 4:00 PM Defendant: Arthur Raymond Dunkelberger III - Inmate number 22004 3400 Concord Road York PA 17402-9007 Phone number for York County Prison is: 717-840-7580, Fax 717-840-7204 ti^m.D NJ CII-t DEIDRA GARNETT, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ARTHUR DUNKELBERGER, III, DEFENDANT 05-5310 CIVIL TERM ORDER OF COURT AND NOW, this '-7 day of February, 2009, the motion of plaintiff to reinstate an action terminated pursuant to Pa. Rule of Civil Procedure 230.2, IS DENIED. Pursuant to Rule 230.2(3)(ii)(A), (B), the within motion filed on January 29, 2009, (1) was not timely filed following the entry of the order of termination on October 29, 2008, and (2) there is no reasonable explanation or legitimate excuse set forth in the motion for failure to file the statement of intention to proceed prior to the entry of the order of termination on the docket and the petition to reinstate the action within thirty days after the order of termination on the docket. By the i Edgar B. Bayley, J. ? Deidra Garnett, Pro se P.O. Box 11454 Harrisburg, PA 17108 :sal Copy encR'LLCL a?a. f oq ? ?.? 4 ?5., f' r 4,4?^ ??• . { .. 4 T 1 t ,? _._p Y? S Y L C>:''? ----l y Deidra Garnett IN THE COURTS OF COMMON Plaintiff PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Docket No. 05-5310 Arthur Dubkelber eg r III Civil Term Defendant Statement of Intention to Proceed To the Court: Deidra Garnett, Plaintiff intends to proceed with e above captioned matter. Date: February 4, 2009 Y/ J* dra Garnett Pro se Explanatory Comment Plaintiff, Deidra Garnett, request this action by the Courts with respect to the following claims: The fact that the Plaintiff did not understand that the courts wanted an explanation of personal reasons (Explanatory Comments) as to why the Plaintiff failed to file the statement of intention to proceed prior to the entry of the order of termination of the docket and the petition to reinstate the action was not filed within thirty days after the order of termination of the docket. Rule 230.2 (b)(1) Plaintiff, Deidra Garnett, the aggrived party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. In addition Rule 230.2 (2), pursuant to Rule 440, the Plaintiff did not see where the case was advertised in the legal publication for publication of legal notice within Cumberland County, Rule 230.2 (11) giving notice of intent to temninate the aforemention action. Plaintiff had full intention of proceeding with the above aforementioned case and was unaware of any expiration date on Court Actions. Plaintiff filed the aforementioned action which the Defendant never responded, forcing the Plaintiff to wait at least Two years. Plaintiff is Pro se due to the fact of no funds to attain Council and does not qualify for Legal Aid. Plaintiff needs to finalize the divorce due to the fact of the grounds for divorce are irretrievable breakdown of the Marriage. This consist of the Defendant being incarcerated 99.9 % of the Marriage either in Cumberland County Prison or York County Prison, where the Defendant is currently; lastly, but not limited to; the Defendant has habitually abused the Plaintiff. Plaintiff respectfully requests, and prays to the Court, following action: (1) THIS statement of intent to proceed be accepted to reinstate the aforementioned action. (2) The Motion for Appointment of Master previously submitted on January 29, 2009, to move the court to appoint a master be granted. Respectfully submitted, Deidra Garnett, Pro se P.O. Box 11545 Harrisburg PA 17108 Attached: ORDER OF COURT r rm -a DEIDRA GARNETT, : IN THE COURT OF COMMON PLEAS OF PLANTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. ARTHUR DUNKELBERGER, III,: DEFENDANT :05-5310 CIVIL TERM PRAECIPE TO REINSTATE COURT CASE TO THE PROTHONOTARY: Please reinstate the above mention case. This action was terminated through the purge process in accordance with R C P 230.2 on October 29, 2008. EXPLANATORY COMMENTS: Plaintiff, Deidra Garnett, request this action by the Prothonotary, with respect to the following claims: Plaintiff, Deidra Garnett, did not receive the notice of intent to terminate and therefore could not file the notice of intention to proceed. In addition the Plaintiff did not see where the case was advertised in legal publication giving notice of intent to terminate the aforementioned case. Plaintiff failed to file the statement of intention to proceed prior to the entry of the order of termination of the docket and the petition to reinstate the action was not filed within thirty days after the order of termination of the docket, for this reason. i&Wwq1I W* Deidra Garnett, Pro se P.O. Box 11545 Harrisburg PA 17108 (717) 623-5637 ?-- r-a [ q?w+ p..? VV• `? ..?. ,_. .. _. .. :.n. .,J _..? ?? f b^ ..?. l.? : +.