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HomeMy WebLinkAbout03-0195MICHELLE M. HALE : IN THE COURT OF COMMON PLEAS OF MARK L. HALE Plaintiff Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003 -/~},~CIVIL TERM : IN DIVORCE NOTICE 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 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 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MICHELLE M. HALE MARK L. HALE Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF -- : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003 -/~.cCIViL TERM : : IN DIVORCE COMPLAINT IN .DIVORCE PURSUANT TO SECTION 3301(c) OF T~HE .DIVORCE CODE AND NOW comes the Plaintiff, Michelle M. Hale, by and through her attorneys, IRWIN, McKNIGHT & HUGHES, Esquires, and flies this complaint in divorce against the Defendant, Mark L. Hale, representing as follows: I. The Plaintiff is Michelle M. Hale, an adult individual residing at 6115 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Mark L. Hale, an adult individual residing at 6151 Haymarket Way, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on October 25, 1979 and separated on January 2, 1997. 5. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 6. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the Court require the parties to participate in counseling. 7. Pursuant to the Divorce Code, Section 3301(c), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties pursuant to Section 3301 (c) of the Divorce Code. Date: January ~, 2003 By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES AR;boemeee~ fRo'r ~p~lalg. nht:~[ Esquire/ / (~] West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I.D. No. 67212 .VERIFICATION The foregoing document is based upon information which has been gathered by my counsel and me in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: January_~ ,2003 MICHELLE M. HALE MICHELLE M. HALE Plaintiff MARK L. HALE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003 - 195 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Rebecca R. Hughes, Esquire, being duly swom according to law, does depose and state: 1. That she is a competent adult and attomey for the Plaintiff in the captioned action. That a certified copy of the Complaint was served upon the Defendant, Mark L. Hale on February 5, 2003 by certified mail, return receipt requested, addressed to 6151 Haymarket Way, Mechanicsburg, Pennsylvania 17050, with return receipt number 7001 2510 0009 2828 4913. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. IRWIN, McKNIGHT & HUGHES Date: ,~Q~ 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Attorney for Plaintiff Michelle M. Hale I'rl =13 CertifiedFeel ~. 4_~~ .... O~ (End~ement R~uir~) ~ /. /O Hem, · s~F ~)['~.] ................................................ ~ C~ 8m~, Zl~+~' .................... ~ Nechanic: PA 17050 · Complete items 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reverse C. so that we can return the card to you. · Attach this card to the back of the mailpieCe, X or on the front if space permits. 1. Arti~ to: Hark L. Hale 6151 tla~aarket ~day Hachanicburg, pa 17050 3. Service 9 [~ Certified Mail [] Registered Addressee t from item 17 enter delivery address below: I~No .- S [] Expro~ Mail fill R~tum ~::eipt for Merchandise 2. Article Number (Copy from service la, PS Form 3811, July 1999 Restricted Delivery? (Extra Fee) 7001 2510 0009 ?'!828 4913 Domestic Return Receipt 102595-99-M-1789 MICHELLE M. HALE, Plaintiff, MARK L. HALE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-195 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed fi.om the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. MICHELLE M. HALE MICHELLE M. HALE, Plaintiff, Ve MARK L. HALE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-195 CIVIL TERM : 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 conceming alimony, division of property, lawyer's fees or expenSes if I do not claim them before a divome 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 affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/~¢ ,2003 ~IICHELLE M. HALE Plaintiff MICHELLE M. HALE, Plaintiff, V. MARK L. HALE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW ; : NO. 2003-195 CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, 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 that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: MICHELLE M. HALE Plaintiff MICHELLE M. HALE, Plaintiff, V. MARK L. HALE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 2003-195 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry ora final decree in divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ~'2~ ,2003 MARK L. HALE MICHELLE M. HALE, Plaintiff, V. MARK L. HALE, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW ; : NO. 2003-195 CIVIL TERM : 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 ifI 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 affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ~/:~ ,2003 MARK L. HALE Defendant MICHELLE M. HALE, Plaintiff, MARK L. HALE, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-195 CIVIL TERM IN DIVORCE _DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly swom 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 that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: MARK L. HALE Defendant MICHELLE M. HALE, : IN IHE COURT OF COMMON PLEAS OF Plaintiff, MARK L. HALE, Defendant. : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : NO. 2003-195 CIVIL TERM : 1N DIVORCE PRAECIPE TO TRANSMIT RECORB To the Prothonotary: decree: Transmit the record, together with the following information, to the court for entry ora divome 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Mark L. Hale, by certified mail, restricted delivery, on or about February 5, 2003. The Affidavit of Service was filed with the Prothontoary on or about February 13, 2003. 3. Complete either paragraph (a) or Co). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divome Code: by plaintiff: August 24, 2003; by defendant: August 23, 2003. Code: (b)(1) Date °f execution of the affidavit required by Section 330 l(d) of the Divorce Co)(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Pmecipe to Transmit Record, a copy of which is attached: (b) Date plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 26, 2003. Date: August 26, 2003 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 26, 2003. ~eb~ecca 1~ H,~,.s, Esquire Attorney for P~nt~ MICHELLE M. HALE, PLAINTIFF Versus MARK L. HALE, DEFENDANT. IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~. PENNA. NO. 2003-195 CIVIL TERM DECREE IN DIVORCE AND NOW, DECREED THAT AND MICHELLE M. HALE MARK L. HALE ARE DIVORCED FROM THE BONDS Of MATRIMONY. ~4~, IT IS ORDERED AND , PLA] NTi FF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLI-OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE COURT: / ATTES~ A ./) J. / ! ~ '~- ~'~;/--"--~PROTHONOTArY