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HomeMy WebLinkAbout02-3421Stephanie A. Phillips, Plaintiff Ve Brian E. Phillips, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ., : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 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 ~quire 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Christopher ~ Keller, Esquire Attorney for Plaintiff Stephanie A. Phillips, Plaintiff Brian E. Phillips, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ~g.--.~/-/2~ ~'~,~,', ,. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Stephanie A. Phillips, who currently resides at 316 South Enola Drive, Enola, Cumberland County, Pennsylvania. 2. Defendant is Brian E Phillips who presently resides at 618 North Lincoln Street, Palmyra, Dauphin County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 13, 2001, in Dauphin County, Pennsylvania. parties. There have been no prior actions for divorce or annulment between the 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 330'1(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Defendant. Respectfully Submitted, Law Offices ol James A. Miller BY: J~h/)~s A. Miller, Esquire A~;E)rney for Plaintiff /2'010 Market Street J Camp Hill, PA 17011 ~ (717) 737 6400 Plaintiff and BY: Christoph6r J. Keller, Esquire Attorney for Plaintiff 2010 Market Street Camp Hill, PA 17011 (717) 737 6400 VERIFICATION I verify that the statements made in this Divorce Complaint 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: /Stel~'hanie Spangl~"pl~,, h~)/~ Plaintiff Stephanie A. Phillips, Plaintiff Brian E. Phillips, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3421 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Mary Heimbach, hereby certify that I have served the Defendant, Brian E. Phillips, by personally serving him with a copy of the Divorce Complaint on ~ L,~,~ ~ C~ ,2002, at /,~ ;~J , P .M., at ( o ~ ~ k\r~ ~, ~ ,', r c~ ~ ' ,~', ~,c~ e ~. . ~r~ \ n-,~) <" o_.?ho~,~;~,~nnsylvania. 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.A. §4904, relating to unsworn falsification to authorities. Commonwealth of Pennsylvania : : SS County of ~r~bCr[~n r~ : I hereby certify that on th~day of (~L,L\ LA ,200c~before me, the undersigned Notary Public, personally appeared Mary I=~imbach, known to me or satisfactorily proven to be said person, who acknowledged that she executed the foregoing document for the purposes therein contained. i~l have hereunto affixed my hand and Notorial Seal. · ~l~tar~ Publi~ -- ~ My Commission Expires: Stephanie A. Phillips, Plaintiff V. Brian E. Phillips, Defendant · IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3421 Ciivil Term : · CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of t!he Divorce Code was filed on July 18, 2002 and service was obtained upon the defendant by personal service on July 22, 2002, of which an affidavit of service was filed with the Prothonotary on July 29, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: I Stephanie A. Phillips, Plaintiff Brian E. Phillips, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-342'1 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330'1(c) 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities. Date: Brian E PhillilJs ' Stephanie A. Phillips, Plaintiff V= Brian E. Phillips, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA .' · CIVIL ACTION - LAW · IN DIVORCE AFFIDAVIT OF CONSEN'r 1. A complaint in Divorce under Section 3301(c) of 'the Divorce Code was filed on July 18, 2002 and service was obtained upon the defendant by personal service on July 22, 2002, of which an affidavit of service was filed with the Prothonotary on July 29, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, 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 Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: j/- ~/-0 ~__ Stephanie A. Phillips, Plaintiff Brian E. Phillips, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities. Date: - ~"tep~ie A. Pl:iillip~ Stephanie A. Phillips, Plaintiff · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. · NO. 02-3421 CIVIL TERM Brian E. Phillips, · CIVIL ACTION - LAW Defendant · IN DIVORCE PRAEClPE 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 Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant was personally served, by hand delivery, with a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on July 22, 2002, to which an Affidavit of Service was filed July 29, 2002. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: October 24. 2002 by Defendant: November 9, 2002 and December 17, 2002 respectively Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: December 19, 2002 by Defendant: December 19, 2002 4. Related claims pending: There are no related claims pending. Respectfully Submitted, Law Offices of James A. Miller By: Christopher J~. Keller, Esquire Attorney for Plaintiff 2157 Market Street Camp Hill, PA 17011 (717) 737-6400 iN ThE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. Stephanie A. Phillips VERSUS Brian E. Phillips NO. 02-3421 civil Decree DIVORCE AND NOW,,~ ~ DECREED THAT Stephanie A. Phillips Brian E. Phillips AND IN ,/~~, IT IS ORDERED AND , PLAINTIFF, , 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;