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HomeMy WebLinkAbout06-2008 CHARLENE HEFFELFINGER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. O(? aGYJF? l ivcf l?jL NEIL HEFFELFINGER, Defendant CIVIL ACTION - 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 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, 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 CHARLENE HEFFELFINGER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO?U `N?TY, PENNSYLVANIA Y,- ? V. NO. ?? - aUl? lc?tl l NEIL HEFFELFINGER, Defendant CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(4) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes the Plaintiff, Charlen Heffelfinger, by and through her attorney, Gary L. Kelley, and represents as follows: COUNT I DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Charlene Heffelfrnger who resides at 124 West Portland Street, No. 14, Mechanicsburg, Pennsylvania 17055. 2. Defendant is Neil Heffelfinger, Jr. who resides at 1103 West Main Street, Annville, Pennsylvania 17003. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 20, 2001 in Lebanon, Lebanon County, Pennsylvania and have been separated since on or about August 27, 2003. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree in Divorce. 1119 North Front Street Harrisburg, PA 17102 (717) 238-1484 Attorney for Plaintiff VERIFICATION 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. Section 4904, uthorities. relating to unworn falsification to IWA, 91-1 c rr CHARLENE HEFFELFINGER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 06 - 2008 Civil Term NEIL HEFFELFINGER, § CIVIL ACTION - DIVORCE Defendant § NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file the enclosed counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated since August 27, 2003 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 no claim them before a divorce is granted. 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 made herein may subject me to penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. Date: 1A 1L1- 0 7 ? &J? arlene lfinger, Plaintiff CHARLENE HEFFELFINGER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 06 - 2008 Civil Term NEIL HEFFELFINGER, § CIVIL ACTION - DIVORCE 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. COUNTER-AFFIDAVIT UNDER SECTION 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. If you oppose entry of a divorce decree, 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 if I 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 of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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 made herein may subject me to penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Neil Heffelfinger, Defendant -b ??f ? ?c CHARLENE HEFFELFINGER, § Plaintiff § V. § NEIL HEFFELFINGER, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2008 Civil Term CIVIL ACTION - DIVORCE PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Pursuant to Pa.R.C.P. No. 401 (b?ease reinstate he Divorce Complaint in the above-captioned matter. Ric of R. Lag a, Jr., Esquire Supreme Court D. No.: 75900 Attorney for Plaintiff LAGUNA REYES MALONEY, LLP 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 ?'' ° --, ? ? ? ? -?- ?? ?t ? r? O ,'?^ ? f^?` o ` N ? ? ? ? , . _-. ?.?i r ?= .....} ?....-. ..t-+ .? SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02008 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEFFELFINGER CHARLENE VS HEFFELFINGER NEIL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HEFFELFINGER NEIL but was unable to locate Him deputized the sheriff of LEBANON serve the within COMPLAINT - DIVORCE County, Pennsylvania, to On June 30th , 2008 , this office was in receipt of t attached return from LEBANON Sheriff's Costs: So answers Docketing 18.00 Out of County 9.00 - Surcharge 10.00 R. Thomas Kline Dep Lebanon Co 76.50 Sheriff of Cumberland County Postage 1151 2 02 V/ /'- 06/30/2008 LAGUNA REYES MALONEY Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas oLCumberland County, Pennsylvania , Charlene Heffelfinger vs. Neil Heffelfinger No. 06-2008 civil Now, June 5, 2008 hereby deputize the Sheriff of , I, SHERIFF OF CUMBERLAND COUNTY, PA, do Lebanon County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 20 , at o'clock M. served the COSTS SERVICE _ MILEAGE _ AFFIDAVIT County, PA DIVORCE COMPLAINT No. 06-2008 (Return to Cumberland County) Charlene Heffelfinger VS. Neil Heffelfinger STATE OF PENNSYLVANIA COUNTY OF LEBANON } } SS: Gary L. Kelley 1119 North Front Street Harrisburg, PA 17102 (717) 238-1484 Docket Page 27577 David Heath, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within DIVORCE COMPLAINT upon NEIL HEFFELFINGER the within named DEFENDANT, by handing a true and attested copy thereof, personally to him on June 18, 2008 at 10:35 A.M., at 1103 West Main Street, Annville (North Londonderry Township), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me This 19th day of June, 2008 NOTARIAL SEAL Debra Ann Johnson, Notary Public Lebanon City Lebanon County My Commission Expires Nov. 20, Qol ry Public SO ANSWERS, DEPUTY SHERIFF SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 06/09/08 Check No. 8339 Amount $ 100.00 Costs Incurred: Amount $ 76.50 Refund: Check No. Q:o &'79 Amount $ 23.50 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriff's fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 LAGUNA REYES MALONEY, LLP 1 1 19 NORTH FRONT STREET, HARRISBURG, PA 1 7102 TEL.: (7 1 7) 233-5292 / FAx: (717) 233-5394 ATTORNEYS FOR PLAINTIFF CHARLENE HEFFELFINGER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 06 - 2008 Civil Term NEIL HEFFELFINGER, § CIVIL ACTION - DIVORCE Defendant § AFFIDAVIT OF SERVICE I, Roger R. Laguna, Jr, Esquire, of Laguna Reyes Maloney, LLP, 1119 North Front Street, Harrisburg, PA 17102, Attorneys for the Plaintiff, Charlene Heffelfinger, being duly sworn according to law, depose and say that the Defendant was served by Sheriff with a true and correct copy of the Divorce Complaint (attached hereto as "Exhibit A"). In addition, Defendant was mailed (to his last known address) a true and correct copy of the Affidavit Under Section 3301(d) of the Divorce Code and Counter-Affidavit filed in this matter on July 8, 2008 from this office via first- class (which was not returned to this office) and certified U.S. mail (which was returned marked "UNCLAIMED") (attached hereto as "Exhibit B"). The Intention on October 1, 2008 from this o (attached hereto as "Exhibit C"). R. was also mailed the Notice of has not been returned to this office r, Sworn and subscribed to before me this oZ3riday of 012. +o ibe r' 2008. Notary Public: DIVORCE COMPLAINT No. 06-2008 (Return to Cumberland County) Charlene Heffelfinger Gary L. Kelley 1119 North Front Street Harrisburg, PA 17102 (717) 238-1484 VS. Neil Heffelfinger Docket Page 27577 STATE OF PENNSYLVANIA } COUNTY OF LEBANON } SS: David Heath, Deputy Sheriff, being duly sworn according to law, deposes and says that he served the within DIVORCE COMPLAINT upon NEIL HEFFELFINGER the within named DEFENDANT, by handing a true and attested copy thereof, personally to him on June 18, 2008 at 10:35 A.M., at 1103 West Main Street, Annville (North Londonderry Township), Lebanon County, Pennsylvania, and by making known to him the contents of the same. Sworn to and subscribed before me This 19th day of June, 2008 Public SO ANSWERS, ikz DEPUTY SHERIFF NOTARIAL SEAL Debra Ann Johnson, Notary Public Lebanon C lq Abamn County !y Commission klph7; Nov. to, 3o1 6 it SHERIFF SHERIFF'S COSTS IN ABOVE PROCEEDINGS Advanced Costs paid on 06/09/08 Check No. 8339 Amount $ 100.00 Costs Incurred: Amount $ 76.50 Refund: Check No. %W74? Amount $ 23.50 All Sheriff's Costs shall be due and payable when services are performed, and it shall be lawful for him to demand and receive from the party instituting the proceedings, or any party liable for the costs thereof, all unpaid sheriffs fees on the same before he shall be obligated by law to make return thereof. Sec. 2, Act of June 20, 1911, P.L. 1072 EXHIBIT A SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2006-02008 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HEFFELFINGER CHARLENE VS HEFFELFINGER NEIL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HEFFELFINGER NEIL but was unable to locate Him deputized the sheriff of LEBANON in his bailiwick. He therefore serve the within COMPLAINT - DIVORCE County, Pennsylvania, to On June 30th , 2008 , this office was in receipt of the attached return from LEBANON Sheriff's Costs: Docketing Out of County Surcharge Dep Lebanon Co Postage So answers- ''? 7 - 00, R. Thomas Kline Sheriff of Cumberland County 18.00 9.00 10.00 76.50 1.52 06/30/2008 LAGUNA REYES MALONEY Sworn and subscribe to before me this day of A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania + a a • Charlene Heffelfinger VS. Neil Heffelfinger No. 06-2008 civil Now, June 5, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Lebanon deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to a copy of the original and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT County, PA CHARLENE HEFFELFINGER, § Plaintiff § V. § NEIL HEFFELFINGER, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2008 Civil Term CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have caused a copy of the foregoing Affidavit Under Section 3301(d) of the Divorce Code and Counter-Affidavit in the above-captioned matter to be served upon Neil Heffelfinger, by first-class and certified U.S. mail, addressed as follows: Mr. Neil H felfm; 1103 W. St. Anville, P 7003 July 8, 2008 ??. oger R. La ,Jr., Esquire EXHIBIT B MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAK., DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received F*rtj WW I ?5i( 1119M NOW CIM --- MfAiiAiS?i1RG, PA 171 a One piece of ordinary mail addressed to: [lob W. fuln St. ?eH Mt i Ile, ?R 1-1003 PS Form 3817, Ma. 1988 p iklN I p? o O ? a w? P ? 7 QC= Cl 1 D T In 0 • fr ea For delivery inforn,;at io,w,;t,)w vlebsit- at W."I"U"'Ps Corr, m r-q 0 3 •D e Posta 10 $ $0.42 N Cr g X2.7 `f o Certified Fee C Retum Receipt Fee . 0 (Endorsement Required) 0 Restricted Delivery Fee (Endorsement Required) O N Total Postage & Fees $ 07f f3 Sent TO u C3 4 a ------------ _ G) ? - C ? - Z U) ?- D ,. C: z ? ?o o tv Z -? N Z <0 D mZ?? sv D ? Z 0 ?? cncy>; O Dt7Q0 r ?c R r3 ohs -? ____--- ru ru o _ o o w Cn k? -0 f- Ir .....--?r- a- ? J WOOL LM £OOLT k pd00 6r ' 6' I j- -ALA Ofl 0 1 800 1sods n rs /1, CHARLENE HEFFELFINGER, § Plaintiff § V. § NEIL HEFFELFINGER, § Defendant § IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 2008 Civil Term CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I hereby certify that I have caused a copy of the foregoing Notice of Intention to Request Entry of §3301(d) Divorce Decree in the above-captioned matter to be served upon Neil Heffelfinger, by first-class U.S. mail, addressed as follows: 1103 W. Main St. October 1, 2008 EXHIBIT C U.S. POSTAL SERVICE A'n Q? ?Y MI[2 OS MAY 9E USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT d PROVIDE FOR INSURANCE-POSTMASTER .)f Received From: S LAGUNA REYES hWONEY. LLP 1119 N. FRONT STREET' , One piece of ordinary mail addressed to: s r .- 'e!A 03 Uq. Ma ih b~? --Io m Rev vt l it. Pry l -7oo3 Z° M m PS Form 3517, Mw. 1989 ? a m cxt -+?? t" ?' "? ??? r' Wi " -c ?? ? -,- , ?;'Ct r ?. ? ' Y "' .... ? LAGUNA REYES I?ALONEY, LLP 1 1 19 NORTH FRONT STREET, HARRISBURG, PA 1 7102 TEL.: (7 1 7) 233-5292 / FAx: (71 7) 233-5394 ATTORNEYS FOR PLAINTIFF CHARLENE HEFFELFINGER, § IN THE COURT OF COMMON PLEAS OF Plaintiff § CUMBERLAND COUNTY, PENNSYLVANIA V. § NO. 06 - 2008 Civil Term NEIL HEFFELFINGER, § CIVIL ACTION - DIVORCE Defendant § 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 §3301(d) of the Divorce Code. 2. Date and Manner of Service of the Complaint: via Sheriff (see Affidavit of Service already filed with the Court). 3. Date of Execution of the Affidavit Required by Section 3301(d) of the Divorce Code: December 14, 2007. 4. Date of Filing and Service of Plaintiff's Affidavit Upon Respondent: via first- class and certified U.S. mail on July 8, 2008 (see Affidavit of Service already filed with the Court). I& 5. Related Claims Pending: no other marital claims Divorce Decree: via regular first-claidavit of 6. Date of Service of Notice of mupreme rNo75900 Service already filed with th Attorney for Plai ntiff LAGUNA REYES MALONEY, LL P 1119 North Front Street Harrisburg, PA 17102 (717) 233-5292 -? ? ? -rs N ° " .' ma ' a .? ?-, . c , ? _ ? -? ? - ? ;,? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Charlene !,-del ?irt¢ =`, fjain4i-W VERSUS N e i l Hef fe 17p, r,a ar. No. 0(o -0009 DECREE IN DIVORCE O.t AND NOW, 010080 , IT IS ORDERED AND DECREED THAT PLAINTIFF, AND 1?PI I?TelYlAer' 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; PROTHONOTARY none .