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Home My WebLink About02-0979MICHAEL L. TYLER, Plaintiff VS. CAROL E. TYLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. Oo2-q 77 c, v,'/ : IN DIVORCE NIOTICF. TO DF. FF. ND AND CI,AIM RIGI-IT~q 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 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 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 2 Liberty Avenue Carlisle, Pennsylvania (717) 249-3166 Anthony L. DelSuca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 MICHAEL L. TYLER, Plaintiff CAROL E. TYLER, VS. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION- LAW NO. CIVIL : IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE Plaintiff is MICHAEL L. TYLER, who currently resides at 688 South Middlesex Road, Carlisle, Cumberland County, Pennsylvania, since October, 1997. 2. Defendant is CAROL E. TYLER, who currently resides at 7 Robin Drive, Carlisle, Cumberland County, Pennsylvania, since December 27, 2000. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plainfiffand Defendant were married on April 20, 1985 at Elizabethville, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 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. 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 unswom falsification to authorities. M~/~haTel L. ~'~er~ ~lainli~ Anthony L. 12~i~uca, Esquire Attorney for Plaintiff 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 ~ 0 0 ~ m 0 H 0 GOLDBERG, KATZMAN & SHIPMAN, P.C. H~a~her L. Pat~no - I.D. #87506 Attorneys for Plaintiff 320 Market Slre~t, Sirawben'y Square Post Office Box 1268 Ha~risburg~ PA 17108-1268 (717) 234-4161 MICHAEL L. TYLER, · Plaintiff · Mo ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW CAROL E. TYLER, · Defendant · NO. 02-9-7-7- 97q IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affxdavit 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 1. The parties to this action separated on or about December 27, 2000, and have continued to live separate 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 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. Section 4904 relating to unsworn falsification to authorities. Date: /"/.b¥',d0c~ d ~-", 2003 CAROL E. TYL]ER GOLDBERG, KA~ & ~]IPMA.N, P.C. Healher L Patemo- LD. #g7506 Altorneys for Plaintiff 32O Mark~ P.O. Box 126g I.-Iarrisbur~ PA 1710g-126g (7~7) MICHAEL L. TYLER, IN THE COURT OF COMMON PLEAS Vo CAROL E. TYLER, Plaintiff · Defendant CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW NO. 02.&-Tq 9?9 IN DIVORCE WAIVER OF COUNSELING CAROL E. TYLER, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request· 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 verify that the statements made in this Waiver are true and correct. 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: CAROL E. TYLER GOLDB~RG, KATZMAN & b~-HPMAN, P.C. Hea~er L PaWmo - LD. #87506 Attomep fo~ PlainRlf 320 Market SU~t Strawbeny Square P.O. Box 126g Harrisburg, PA 1710g-1265 (717) 2344161 MICHAEL L. TYLER, Plaintiff V. CAROL E. TYLER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 977 q~ IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) Personally appeared before me, a Notary Public, in and for said Commonwealth and County, HEATHER L. PATERNO, ESQUIRE, who being duly sworn according to law deposes and says: 1. That on February 26, 2003, she sent a copy of a Notice and Affidavit under Section 3301(d) of the Divorce Code by certified mail, return receipt requested, to Anthony DeLuea, Esquire, Attorney of Record for Plaintiff, 113 Front Street, P. O. Box 358, Boiling Springs, PA 17007, and the return receipt card signed by Marjorie A. DeLuca, and shown as being delivered on February 28, 2003, is attached hereto and made a part hereof; and 2. That she sent a copy of Notice of Intention to Request Entry of Divorce Decree by certified mail, return receipt requested, to Anthony DeLuca, Esquire, Attorney of Record for Plaintiff, 113 Front Street, P. O. Box 358, Boiling Springs, PA 17007, and the return receipt card signed by Marjorie A. DeLuca, and shown as being delivered on April 14, 2003, is attached hereto and made a part hereof. ~THER L.C~ATERNO, ESQUIRE Sworn to and subscribed before me this _~day of April, 2003. mm~ssion Expires: ~ Notmial Seal Jennifer L. Boltz, Notary Public City of Harrisburg, Dauphin County My Commission Expires May 30, 2005 Member Pennsylvania Association of Notartes I ~ !tLP/Tyler/81911-1 rtl Postage $ r-1 Certified Fee Return Receipt Fee ~ Postmark ru (Endorsement Required) Hem ~] (Endomement Required) · J3 - WISe"~r° Anthony DeLuca, Esquire I ........................... II m ...................... ~--.-0 .... ltt~_~5~ ..................................... r~ City, State, ZIP+ 4 · · · I · Co~nl:)lete ~ 1, 2, ~ 3. ~ ~e ite~ 4 if ~ed Delivery is desired. · Print your name and addreee on the reverse · Attach fi'tm car~ to'the back of the mailpiece, or on the front If apace peri'nits. 1. Art~le Addrea~id ~ Anthony ~ca, Esquire 113 FronZ,~treet P. O. B~38 Boiling/~rings, PA 17007 MAR 0 003 ~ Certified Mall [] Expmse Mall [] Reglatered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. ReetrlGted Delivery? (Extra Fee) [] Yea 2..N'ticleNumber 7002 (rmrm~rfrom~n,/ce/a~0 PS Fom~ 3811, August 2001 D. Is detive~ address different fmm itern l? [] Yes [] No 0460 0002 7103 7779 Domsetl¢ Return Receipt 102595-02-M-1035 If YES, enter delivery address below: I'rl Postage $ r--t ,--1 Certified Fee t~' Postn~k Return Receipt Fee Here ILl (Endo~emem Required) (Endomen~nt Requlmd) ~/ ~ r-'l Total Postage & Fees $ ~' _ri , ~' Sent To_ I r~ ~ ....................~'= ...... ='""~'~'"~"'~'"': ...................... -- ............ '1 Conlplete items 1, 2, and 3. Also complete :iter~ 4 if Restricted Deliveo/is de~ired. Prir~ your name and address on the reverse so ~l~at 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: Date of Delivery '(4( -o3 D. Is delivehj ;~lclress differed, from item 17 I-I Yes If YES, enter delivery address below: ~ No APb i oo3 3. S~v~ce Type ~'Callfled Mail [] Express Mail I-I Registered [] Return Receipt for Memhandies [] Insured Mail [] C.O.D. ~ 4. Restricted Delivery? (Extra Fee) [] Yes -7/o -77 1025~5-02-M-1035 2. Article Number PS Form 3811, August 2001 Domestic Return Receipt MICHAEL L. TYLER, Plaintiff V. CAROL E. TYLER, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 ~77 : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: MICHAEL TYLER Defendant, CAROL E. TYLER, intends to file with the court the attached Praecipe to Transmit Record on or after May 1, 2003 requesting that a final decree in divorce be entered. Date: 4/9/03 //Heather L. l~t~emo ' l.,Att°rney for Defendant MICHAEL L. TYLER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : CAROL E. TYLER, NO. 02-979 Defendant : 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 § 3301(d)(1) of the Divorce Codel filed as counterclaim by Defendant in Defendant's Answer to Plaintiff's Complaint in Divorce. 2. Date and manner of service of the Complaint: Defendant's counsel served Plaintiff's counsel with Answer and Counterclaim under §3301(d) via certified mail on February 28, 2003. 3. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff ; by Defendant ~ (b)(1) Date of execution of the Affidavit required by § 3301(d) of the Divorce Code: Defendant executed the Affidavit on February 25, 2003. (2) Date of filing and service of Plaintiff's Affidavit upon the Defendant: filed: February 27, 20031 copy served on Plaintiff's counsel via certified mail on February 28, 2003. 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: mailed via certified mail to Plaintiff's Attorney by Defendant's Attorney on April 9, 2003. Co) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: . Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the prothonotary: ~mey for Defendant IN THE COURT Of COMMON PLEAS NICHAEL L. TYLER~ Plaintiff, OF CUM BERLAN D COUNTY STATE OF PENNA. VERSUS CAROL E. TYL~-R, Defendant. IN DIVORCE DECREE IN DIVORCE AND NOW, /'~Z~ / c/" , 2.003 I~ICHAEL L. TYLER DECREED THAT __, IT IS ORDERED AND , PLAINTIFF, AND CAROL E. TYLER , 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; BY THE COURT:/ A Jo PROTHONOTARY