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HomeMy WebLinkAbout05-5508 '. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle. P A MARY ANN DYARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05- SSD8' ~ SETH H. DY ARMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A 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 (800) 990-9108 SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYSoAToLA W 26 W. High Street Carlisle, P A II MARY ANN DYARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . N ....., - /). .'--:-/ : o. {./J - S 50 r ~~ftv.-., : CIVIL ACTION - LAW : IN DIVORCE SETH H. DYARMAN, Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301 (e) OF THE DIVORCE CODE 1. The Plaintiff is Mary Ann Dyarman, an adult individual residing at 201 Campground Road, Carlisle, Cumberland County, Pennsylvania. 2. The Defendant is Seth H. Dyarman, an adult individual residing at, 111 Limekiln Road, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 22, 2002 In Cumberland County, Pennsylvania. 5. The parties separated in May, 2002. 6. There have been no prior actions of divorce or for annulment between the parties in this or in any other jurisdiction. 7. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. The Plaintiff has been advised that counseling is available and that she has the right to request that the court require the parties to participate in counseling. ~. SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, P A 9. The marriage is irretrievably broken and no possibility of reconciliation exists. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a divorce pursuant to 23 P.S. S3301 (c) of the Divorce Code. COUNT II 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. The parties have been living separate and apart for a period in excess of two (2) years. WHEREFORE, Plaintiff requests this Honorable Court enter a divorce pursuant to 23 P.S. S3301 (d) of the Divorce Code. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: ! oj / ~ / 65 7 ... I' / CLL ]v (,c. (,0 tas, Esquire Attorney! .84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLAW 26 W. High Street Carlisle, P A II ,I I VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. )1 f6t D. ~~ Mary Dyarma Date: October 13, 2005 (~. \'."l ~ ~-_.... -, r ~_.' ) --/1 .-..J f" ~ ::.~) SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYSoAToLA W 26 W. High Street Carlisle, PA MARY ANN DYARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 0.5 /5""'SDg" L~ SETH H. DYARMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Mary Ann Dyarman to proceed in forma pauperis. I, Marylou Matas, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Dated: f uj /7-'/ LiS ~"--".; /: () ""',-.; / /),. .,.'. Ii f::" ~; L"-/ t -c( 'i'~Lf~ t~ /- t t~ ,.l_~~'.,--- Marylou! tas, Esquire Attorney . 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff r, ._..1 1"'. .~:' --) f","} f\~,.) ..>" _...: " , SAIDIS SHUFF, FLOWER & LINDSAY ATIQRNEYS-AT-LAW 26 W. High Street Carlisle. PA II MARY ANN DYARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-5508 SETH H. DYARMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Marylou Matas, Esquire, being duly sworn according to law, hereby deposes and says that on October 22, 2005 she served a true and correct copy of the Complaint in Divorce upon the Defendant, Seth H. Dyarman, by mailing those documents to the his address at 111 Limekiln Road, Carlisle, Pennsylvania by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt. Respectfully submitted, SAlOIS, SHUFF, FLOWER & LINDSAY Dated: cIZ4,1(6 ( '. A , (-'i/;c<-~. Matas, squire Attorn Id.84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff " . SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-ATeLAW 26 W. High Street Carlisle, P A . 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 ma;lpiece, Of on the front if space permits. 1. Article Addr$ssec:I to: SETH H. DYARMAN 111 LIMEKILN ROAD CARLISLE, PA 17013 2. Article Number (rransfer from service label} PS Form 3811, February 2004 B. Received by ( Printed Name) C. Date of Delivery ":n'T"' I). D. Is delivery address different from ";tem 11 CI'Ves If YES, enter delivery address below: 0 No 3'j2" Type C if led Mall o Registered o Insured Mail [J Express Mall o Retum Receipt for Merchandise DC.D.O. 4. Restricted Delivery? (Extra Fee) .~ ~ 7004 1350 0003 7285 8562 Domestic Return Receipt 102595.(l2-M'-1540 (' ~:~ ~?~fl:': ~'}~ ;"" , ( c , JAMES C. COSTOPOULOS In the Court of Common Pleas of Cumberland County, Pennsylvania VS, No, 2005 - 5580 Civil." RAYMOND D. SCOTT, JR. SATISFY JUDGMENT To Prothonotary DECEMBER 9, 2005 ., ~ '\OM1w C.~ \. Attorney for Plaintiff . \ t No. Tenn, 19 _ Ys. PRAECIPE Filed 19 . Ally. .,1 ".",1 SAlOIS, FLOWER & UNDSAY ATIORNEVS.AT.lAW 26 West High Street Carlisle, PA MARY ANN DYARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-5508 SETH H. DYARMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint In Divorce under S 3301 (c) of the Divorce Code was filed Octobel 21. 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and 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 Decree. I verify that the statements made in this Affidavit 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. 4904 relating to unsworn falsification to authorities. Date ;) -,J? (, (" WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER& 3301 Ie) 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 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 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. 4904 relating to unsworn falsification to authorities. Date ;J--)l.-O(n t~~mw, ' ~2~J (-,;'~ '1'1 -~ : n c "'" c:~:::. C...:;, <':;f' (:) -';"I ---I fI~ :JJ r~ 0'i :::'" ....' " :::-0 r-J '" ,c -'" .' -",~ (=1 c:\ SAlOIS, FlOWER & LINDSAY ATIOllNEYSoAT.lAW 26 West High Street Carlisle, PA MARY ANN DYARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. SETH H. DYARMAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on October 22, 2005, via certified/restricted mail. Proof of service was filed with the Court on October 25, 2005. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: February 28, 2006 and filed with Prothonotary March 22,2006 By Defendant: April 1 , 2006 and filed contemporaneously herewith 4. Date Waiver of Notice under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: February 28, 2006 and filed with Prothonotary March 22, 2006 By Defendant: April 1, 2006 and filed contemporaneously herewith Dated: j / ' 1/ I ; .( / ,( / , 'j f " ( ) ( ,..lU ((, MarylM tas, Esquire SAlOIS, Sf1 FF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 "-.l 1-': c:, .r~ c' SAIDIS, FI.OWER & LINDSAY ATIDJlNEYS+AT,lAW 26 West High Street Carlisle, PA II , MARY ANN DYARMAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . No 05-5508 SETH H. DYARMAN, Defendant : CIVIL ACTION - LAW . IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S 3301 (c) of the ,)ivorce Code was filed October 21. 2005. 2, The marriage of plaintiff and defendant IS irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to me entry of a finai Decree in Divorc~ after service) uf noiiee or ,nttmtion to request entry of the Decree. I verify that the statements made in this Affidavit 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. 4904 relating to unsworn falsification to authorities. Date Gf'I-Orr"] ~~. 2f..fJ<~M)1.-(A~ Seth Dyarman :7 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY (IF A DIVORCE DECREE UNDER& 3301 Ie) 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 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 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. 4904 relating to unsworn falsification to authorities. Date. 1./_ ( - t2f:L_ ~'d#By('/'" '1A---'_____ Seth DY'3rman ~I'R 0 '1 11'0) , _C" ~ ") (, 1- CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, of the law firm of Saidis, Flower & Lindsay hereby certify that on this date a copy of the attached document was served on the following individual, via First Class Mail, postage prepaid, addressed as follows: Seth H. Dyarman 111 Limekiln Road Carlisle, PA 17013 Said is, flower & Lindsay hi./~' / <c:::- Marylou / I ,uJ Dated: 0: ((iie? c: ~ , ('" j , Co".