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HomeMy WebLinkAbout06-7332LAUREL M. SPRUILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.06- 7~3 ~ CIVIL TERM DANIEL T. MURPHY, : Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 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 miry 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 CO THOUSE 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 _~/-~c~ Wa}~ne F'~Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 LAUREL M. SPRUILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. . NO. 06- 733.2- CIVIL TERM DANIEL T. MURPHY, Defendant : IN DIVORCE COMPLAINT 1. Plaintiff in this Action in Divorce is LAUREL M. SPRUILL, an adult individual who resides at 1333 Horick Drive, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is DANIEL T. MURPHY. an adult individual and citizen of the United States of America whose last known address is Electronic Attack Squadron One Three Nine, Unit 25413, FPO AP 96601-6423. WAYNE F. SHADE Attorney at law 53 West Pomfret Street Carlisle, Pennsylvania 17013 3. Plaintiff has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. 4. Plaintiff and Defendant were lawfully joined in marriage on January 3, 2006, in McKees Rocks, Pennsylvania. 5. Although the parties saw each other f-or brief periods on occasions after the date of the marriage, they never entered into marital cohabitation. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. Both parties to this Action in Divorce are legally capable of managing their own concerns. WAYNE F. SHADE Attorney at Law 53 West Pomfret Stree[ Carlisle, Pennsylvania 17013 -2- 9. Defendant herein is a member of the United States Navy. 10. There were no children born to the parties. 11. 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. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. ~/ Wayne ~`. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -3- I verify that the statements made in this pleading are true and 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: December 29, 2006 ~~ '1~l Laurel M. Spruill WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ~,~ ~ Q C.~ ^ €- i~ _ ~ ~ Q ; y L'.1 0 1 Cl- t"" `-~ ~ ~ ~^ ~ u" ~ C.~ O r..y LAUREL M. SPRUILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO. 06-7332 CIVIL TERM DANIEL T. MURPHY, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE WAYNE F. SHADE, ESQUIRE, certifies that he is counsel for Plaintiff in the WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 above-captioned matter, that he did, on December 29, 2006, serve the Complaint in Divorce in the above-captioned matter upon Defendant by certified United States mail, postage prepaid, return receipt requested, addressee only, and that the same was received by Defendant on January 22, 2007, as evidenced by the return receipt card attached hereto bearing Certified No. 7001 2510 0006 5864 2403. It is understood that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: January 26, 2007 ~/ - ~ Way .Shade t~ <~ a -n m ~ ~ ~ ~~ o - (., ~ ~ ~ ~ ,: '~ Postage 6 3 -r - ~ ~ Certified Fee `L (+O Postmark ~^~ ~ {?7 ~ Return Receipt Fee Here (Endorsement Required) 1 , 85 December 29, - ~.~ a ~ 0 Restricted Delivery Fee r~ 0 O ` (Endorsement Requred) 3, 7 0 G V ~ Total Posta9e & Feea $ 8 , 5 1J7 ti seat ro , Daniel T . Murphy------------------------------------------ - - .-a O Street, Apt. No. r ~t' lea g Q or Po aat No.~ ~C~ti~-Ct~~acy~„ l~ul `I~.. ~` ~t' ~P 96601-6423 'i ^ eompises ~rre 1, 2, and s. Ahc oompteas Item 4.M Reatrf~ed DsINerY ie doeNd• ^ Prlnt your rtama_and sddreee on the reverse ~ that tlYe Geri return the card ~ you. ^ Attaoh 1hM oerd to the treolc of the maw, or on the front K space pemitta. 1. ArtbN AddrMaad eo: Daniel T. Murphy Electronic Attack Squadro One Three Nine, Unit 2541 FPO AP 9b601-6423 X R.oeiwa~ by 4. b dsYwrY adds dihnrtt trorn'llem 1? u we If YEB, sneer tialvery atltfteaa ttalow: O No s. sarNoa lypa iD c«un.d Mar' o • Mau ^ ~laeatria ^ Raaxn +a nAert:handise ^ Inaut~ed Mail O C.O.D. 2• AttlaeNhuttber 7001 2510 0006 5864 2403 ' ~jj.M-taw P3 Form 3811 ~ Febnwy 2ttt~4 DomaaMa Ral~rn R~oa~ . . LAUREL M. SPRUILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBEIZL,AND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.06-7332 CIVIL TERM DANIEL T. MURPHY, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT' AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECR~;E UNDER §3301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under §3301(c) of the Divorce Code with Notice of Availability of Counseling was filed on December 29, 2006, and served on December 29, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 days have elapsed from the date of filing and ser~~ice of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 participate in counseling prior to a Divorce Decree's being handed down by the Court. -2- Y ~' 1 9. I verify that the statements made in this Ai-fidavit are true and 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~ 1~ 1 Laurel M. Spruill WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Cazlisle, Pennsylvania 17013 -3- C~ ~.~ ` =rti ~ c~° ..~ - -~ ..,-, -~-~ ~~' ,c r _ _ _ ) [ Ct'~ J L .~ r LAUREL M. SPRUILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.06-7332 CIVIL TERM DANIEL T. MURPHY, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under §3341(c) of the Divorce Code with Notice of Availability of Counseling was filed on December 29, 2006, and served on December 29, 2006. 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 without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them bei-ore a divorce is granted. 5. 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. 6. I have been advised of the availability of marriage counseling and of my right to counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's bei~ig handed down by the Court. -2- 9. 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. §4904 relating to unsworn falsification +n a»+hnri+iE~e Date: ~}' ~~~`~ -3- ~ v " ~~ ~ --, -~z : ;11 -'-- r ... --r,,,~ -~. -" ~:: r:. ...., ~ : . ~ r -C LAUREL M. SPRUILL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW v. NO.06-7332 CIVIL TERM DANIEL T. MURPHY, Defendant : IN DIVORCE 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(c) of the Divorce Code. 2. The date and manner of service of the Complaint were December 29, 2006, by by certified United States mail, return receipt requested, addressee only. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under §3301(c) of the Divorce Code by Plaintiff was April 29, 2007, and by Defendant was May 9, 2007. 4. Related claims pending: None. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 Date: May 14, 2007 ~< ~~c ~d. Wayne .Shade Attorney for Plaintiff ~' C°7 ...lA , ~ ~ .rye sN~. ' ~ ~ .n~^3 E Tt s.:~4,/ ` y~ Vr Y ~. 4~~ ~~_ '7~ , ~ ~~ _7 A ...o 1 N `f H E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. =~~, -= LAUREL M. SPRUILL, II Plaintiff N O. 06-7332 CIVIL TERM VERSUS DANIEL T. MURPHY, Defendant DECREE IN DIVORCE AND NOW, ~(~___~-~ ~ zoo IT IS ORDERED AND DECREED THAT LAUREL M. SPRUILL PLAINTIFF, AN D DANIEL T. MURPHY 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 PROTHONOTARY ~. ..