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Home My WebLink About97-01199 ~ u "t \~ &I) '),. J' ' ~\ ) ,.,/ ,4'" I (' \. ~ - . .. .~ .. ~ ~ ~I t', ~I . I ~I , ; ! ~ '.' ~ ,; ,~ ~ ?- ~ ... " ~ w " e " " ~ ~. ~ '.' $ ~ ~.# ~ ..' ~ ... $ ,~ ~ *~-~*~-~~*~'~*'~'~~***~)'*'~~:**~**-*'~ ~ ----~-~~ - .----- ---~~~-~---- ~--~ - --~~- -- ----, 8 ?- ~ ~ '.' 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ~ $ 8 " " .:i " $ ~ $ 8 ~ ~ '.' s ~ ~ <;. STATE OF PENNA. 8 " " ,~ ~ KEVIN .P... TRACEY, N (I. ......n.7..1.1.!l.9 ................. ~ '.' Plaintiff 8 ,', ~ Vl'I'StlS ,', ~ ~ ',' .c:AR~OL F.. TRACEY, $ ~ '.' Defendant ~ .' " 0.:, ~ ~ ~~ $. '.' " " DECREE IN DIVORCE ANDNOW,.'.-.\)~.!'J.....,.. 19.q.~, ~ '.- ~ " " ~ '.' ~ 0.:' ~ it is ordered and decreed that,...... .1<1'!.,<to. D,.. .Tracey............,........... plaintiff, and ..... .. . .. .. . . . . ..GqHP.~ . Ii' ,. :J::r:aCAy. .. .. .. .. . . .. .. . .. .. .. 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; ~ ~ w '.' ~ ~ ..... ..... ..... ... ..... ... .... .................. ... ... ...... ...... .... ...., ~ '.' / ~.: . H .. . H H . . . . . . H H H d, "H. . . . . . H H H .. . . H H : ~ . ^lIe't~"'~t-t<:" f1 iJ-a.1.4~f..:h~ J. ): '/P~lId ?~&. ~ )':' Prolhonolnry j: ._~-,-, -, " _., ,...., ,:iI: .:.:. .:.:. .:.:. ':0:' -:.:. .:.:. .:.:. .:t:. .:.:- .:.:.' ~ ~ ~ ~...0'N.o ~;.:-:;:.-:;::-:w.: ':.:. ,~. .:;;:-{.;:::.:.-::;;:-::.~-::;~~..:.:: ...:.;. .:.:. .:.:. ::.:. .:.:. ,:> r"..... .-' ;j i. 'J I (, -. '. - . J"I , ;.-'.! ,; ;.'1 :.:' .-:.1 ~3~' -'!( ,~:\\~"". 'i't;'. .' 8!':::ir ~~:8<7, . ~ ~:Ji ;8:i!:!E<' ""~==~" .14 p.,," :~1Il >.1.... ;~'6;lE ~. ., $:) Cl. .f.) :z: . " l~, ',: -d'.,;,:" .: '. _: '. - ~A .................,..f:~ -_.~ oS ,_. { , ~ I ~ 0 'a ~ F- i:: (; I.lf \d M - " '~ - 0- 9 :'J.,= ... ..... ~. :;:: 'J"loO' ....; . ;;~ ,... 9~ i' :,r I (t}~ .0:' ...: ! J] 2:! ::c "I ~' .~ 1- m ~ ,j. - fa! ':, , , U p., III '/H . Iil 0 '~'-I U l> -<+> ... -<'-I !:l ~~. ~r; :z: ;, l:l 'tl ... . r:: ..,. . ... !:l/ll. :- CU Eo< ,o-j " ~ :z: :Z:Cl. (58 ... ....' -< :> III ..:l f&l' = tl. II; U' :t 0 U m j'~ ~~ijt ih:i t!J, z.< o' ~l.' :',::y :,'/;..t~~ )./t~ .};\ .-(,' ~'i . ;t'&~ _' .ro-,'-" .'. ::" ,.I:.2S.: ;,- .' 'r,," " ." .... {;_:.<~- /,': '. ~ .~ ,: --;, ""T'....~~4~~~- ,.;. ; ,..".\.::,.") ... +~_":r r '; "i ., , ,. , KEVIN D. 1RACEY, Plair:tiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CARROL F. TRACEY, Defendant CIVIL ACTION - LAW NO. <} '7- JI <]1 Ct;;J 0... NOT ICE T 0 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 i proceed without you and a decree of divorce or annulment may be entered a~ainst 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, " :1 II " When the ground for the divorce irretrievable breakdown of the marriage, you counseling. A list of marriage counselors , Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 is indignities or may request marriage is available in the 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 SE'J' FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland county Court House Fourth Floor 1 Courthouse Square Carlisle, PA 17013-3387 (717) 240-6200 KEVIN D. TRACEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CARROL F. TRACEY, Defendant : CIVIL ACTION - LAW NO. q '/ - II '1? CtViJ 7;........ I 'i NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the :1 " availabihty of counseling and upon request of either provide both , parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: ii , Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 ;;!2u.\..,~ f! LJ~/e...,-. J--.' Prothonotary U ,. i I I , , , 'I II II .1 I I .....Jt 8. The Plaintiff has been advised of counseling and of the right to request that parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a) (6) of the Divorce Code the availability of the Court require the 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. , 'I Ii i i 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive, 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The lJrior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. Afte, ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit I consentin~ to a divorce. Plaintiff believes that Defendant may .1 also file such an affidavit. ! 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the , Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ! ninety (90) days have elapsed from the filing of this Complaint, , Plaintiff respectfully requests the Court to enter a Decree of " , Divorce, pursuant to 3301(c) of the Divorce Code, , ., " i' COUNT III Request for Equitable Distribution of Marital Property Under 3104 and 3502(a) of the Divorce Code :1 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff and Defendant have acquired property, both real and personal c..Iuring their marriage from the date of said marriage until the date of their separation. il : i 19. Plaintiff and Defendant have been unable II il equitable distribution of said property. I I '1 II II I i I I I I I I i to agree as to an WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. Respectfully submitted, DISSINGER & DISSINGER I I I I I :1 'I I I I I! ~ [~ 0..........., .(. 11,~6 ---- ary A.' E&er Dlssinger Attorney for Plaintiff Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 . i 'I I VERIFICATION I, Kevin D. Tracey, verify that the statements made in the Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification. 1t:~J)~ Kev n D. Tracey, Pl~fff I Ii I' I ,I , I , I I ,I . , " Ii I ! KEVIN D. TRACEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION - LAW I I ! vs. CARROL F. TRACEY, Defendant NO. 97-1199 AFFIDAVIT OF CONSENT 1. A Complaint in divorce under section 3301(c) of the Divorce Code was filed on March 7, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4, I understand that I may lose rights concerning alimony, alimony pendente lite, 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. S4904 relating to unsworn falsification to authorities. DATED: ~_ Z-~- 9'7 /?p~. Kevin D. Tracey, Plaintiff 0 \f'l 0 ... _J .11 -:;1 ~.: --.' i i.::n .. .i , ;'11 , ,'? I=':, '!C':l " r"', , ., I , - _1-'\ . ~ ,",", '.' -, '. ,. "-} --:' ,~ :'~ .... KEVIN D. TRACEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA VB. CIVIL ACTION - LAW CARROL F. TRACEY, Defendant NO. 97-1199 AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code waB filed on March 7, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, 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. S4904 relating to unsworn falsification to authorities. DATED:~L}~q'7 ndant (') ~., 0 r:~ -.J -n '-:: .-, ". ,. - . ~'i:TI I. ~.' 1 ., ..,f-n . '~ ~:~. .:::> .J !';-'l I .> , '"t' .~) :n .~ (') .- "-')1" .' ~. ~ ::, '1." : ) ,:- '0 "- ,0 =-< ;\ KEVIN D. TRACEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA VB, CIVIL ACTION - LAW CARROL F. TRACEY, Defendant NO. 97-1199 WAIVER OF NOTICE OF INTENTION TO REOUEBT ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2, I understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees 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 affldavit 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. Dated: &~-z.~-97 /~'~?E,. ~- Kevin D. Tracey, Plaintiff (0 LO 0 ," -' -II '. '- :;:J ~r' c: -~ :rJ l_l}!: ,-- ,'ll- , , .,']~ 0 . ) 'JiI --:::I . -, ;. -~() ..Jrn .. .._j "l. :'j :Jl :9 I:;> .... ", (-~ .0 0 -...I " ~, ; ". '.,:!J " ), - rl.l. . , . l-~ ,.. .-...en ~ i 10 CO . , ~.,/ ;- '0 :1-11 , .." ~' )';p .', ,. ,.0 -~ r. ) ( , - cjrn .. ~ ..~ .. -, -. :n ~ - J (:;) KEVIN D. 'l'RACEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. CIVIL ACTION - LAW CARROL F. TRACEY, Defe'ldant NO. 97-1199 AFFIDAVIT OF HAILING COMMONWEAt,TH OF PENNSYLVANIA COUNTY OF ?()("(L( ss . . . . Mary A. Etter Dissinger, Esquire, the attorney for Plaintiff, being duly sworn according to law, says that she mailed by certified, restricted mail, return receipt requested, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive ,nl"e as evidenced by the signed receipt attached hereto as Exhibit "i.". " I; " . /~ '/''--' {/, Mary A. Etter 01 singer Attorney for Plaintiff 400 South State Road Marysville, PA 17053 (717) 957-3474 " I " " :' ! I Sworn to and subscribed , before me this I~~ day I of f',.l\.~ch -;1997. i~~.~;~. t ~ ,-11": r'. 'I"'" ""0 r ;', ::!::- t : ~ I.. ,'. .' "'.' ..,' - ~' ," ! " : ,.'., ",:':'\:, ',r,., ~r,:, " _ '~''''j. ,-0\ . ! L /,'/ C~"I"lli'."I" t:/.~;n'" t:.:.::':';'~.::_J 'i .."'.-..-....."... ~-- .. .. Ii '1 I .1 " 1 '1 'i ., .1 !I 'I il -/0e) i lCOmpItiII"~ t trtdIot 2 tor IdctIIonII HMcM. .. lCOmpItiIlltemI3. ...Ir'ld 4b. I -PrInl VO" rwne Ind addtNI Cf'IIM "...... of lNIlorm 10 IhIl WI Qn rM,," IN. COld to you, oMoch lhIoo loom to \tlO frorl oI\tlO """plooo. 01011 \tlO bod< H op_ _ no! . O~R"""Reco/pI~Id'OII\tlOmoJplooobolow\tlOOJ1Jdo""""'. ti -n. Rltum ReeelpC MlIhow 10 whom 1M arUdl WI' dehwed n the daI. S-. 13. Mlel. Addroll8d to: 07 ~b\? Co.V"ro\ F. TV'a.c~ 10 If &-le",dt1.le. ::t:>....i ue.. Mec.1-l"",;u b lA."'j. pit r; l705E: II I II ;1 I, I I -- I _ . PSFonn3811, ~rl994 I I I '[ EXHIBIT "A" I. I I I , \ ..- , . ~". .'\?d \l J..:. .-. n .. , i' :'.' I I I I " . .> ~. ~ . ; i,..',j II ~ .. I.,~j .'.., CARROL F. TRACEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW KEVIN D. TRACEY Defendant NO. 96- IN CUSTODY CIVIL ACTION ADDENDUM TO CUSTODY AGREEMENT The parties to this agreement are Carrol F. Tracey and Kevin D. Tracey, the natural mother and natural father of two children; Nevin R. Tracey, born 6/11/92 and Nathan D. Tracey, born 2/9194. The parties agree that the father shall have the right to come onto the mother's or her parent's property to pick up or drop off the children during his times of partial custody. Father agrees that he will not enter into any discussions with the mother at these times other than pertaining to the children. They also agree that this agreement shall be entered as a Court Order so as to give full effect to its terms. Nevertheless, both parties understand that the Court will have continuing jurisdiction to modify the terms of this agreement as it pertains to the best interest of the children. Until such time, the attached Custody Agreement that the parties entered into earlier this year sha:: remain in effect. Carl F. Myers Elizabeth Myers, Mother's parents, also sign this Addendum to indicate their willingness to permit father on their property for picking up or dropping off :~e children. In witness of this agreement the parties have signed their signatures and acknowledge that this is their agreement and that the same may be incorporated as an Order of Court without further notice or hearing. W\JESS: 1 7~ / ~./ J/tiq~ ~~ f / V> '. JL,~ ~") / . /1/ /~ MJrf-- . / (?uN'; Carrol " <....1- -t [~./(.c.(.'-1 F. Tracey 0) . /l y_(:'~ l_.' Carl F. Hyers .. .', . CARROL F. TRACEY Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. KEVIN D. TRACEY Defendant NO. 96- IN CUSTODY CIVIL ACTION CUSTODY AGREEMENT The parties to this agreement are Carrol F. Tracey and Kevin D. Tracey, the natural mother and natural father of two children; Nevin R. Tracey, born 6/11/92 and Nathan D. Tracey, born 2/9/94. The parties have separated and during the periOd of their separation they wish to have a written arrangement in reference to the custody of their children. They also agree that this agreement shall be entered as a Court Order so as to give full ef:ect to :ts terms. Nevertheless, both parties understand that the Court will have continuing jurisdiction to modify the terms of this agreement as it pertains to the best interest of the children. The mother, Carrol F. Tracey shall have primary physical custody of the children and the father, Kevin D. Tracey shall have times of partial custody as the parties agree to f~om time to time. The father's partial custody shall generally be permitted unless in the opinion of the mother the welfare of the children would be compromised. In the event that she feels this to be the case she and the father shall endeavor to reach an accommodation so as to permit the time of partial custody. In the event that an accommodation cannot be reached, the father agrees that he will abide by the mother's decision. A- The parties agree that ~hey will not disparage or speak unkindly of each other while with the children and shall teach the children to love and respect the other parent. The parties also agree :hat they will consult with each other on all important matters pertaining to the children and to that extent will share :egal custody in reference to these decisions, In witness of this agreement the parties have signed their signatures and acknowledge that this is their agreement and that the same may be incorporated as an Order of Court without further notice or hearing. WITNESS: ~ ~..')ll.,.,J C I (SEAL) , ,,/', .,' ,. '." . '-I " I' ."/,' /"'-1 . ~ I"~", ,/' // . . C"'- (SEAL) Kevin K. Trace1 / .. ~