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Home My WebLink About98-06438 ~ .:\: ~. "i I ~, ! v ~ I~", t ~ - . 3 . - ~ . ~~~~~~~~~~~-~------->---------. $ , ---,,~ ---- -,------, -,- ' ~ ~ $ ~ IN THE COURT OF COMMON PLEAS ~ 8 @ . .Ii -:+;..:+;..:+:. {6;' :.:+;..:+:. ':+:":":'" .:.:..:+:..' ~ ~ ..' ~ OF CUMBERLAND COUNTY ~ STATE OF . PENNA. ~ ,.' ~.~ ~ ~ ., SANDRA KAY KITTLE, .', * N ()'H9a~6~}8.<:}.Il,U~H 1Wc TERM ,', ~ ~ ~, $ ~ ~.' ,', ~ .'" w '.' Plaintiff Vl'J":, tiS THOMAS LEE KITTLE. Defendant ,', ~ DECREE IN DIVORCE AND NOW,. ../~d.. .il.... ,... 19,~~.." it is ordered and ~ 8! ~ ~;. ,', ~ ~ a ~.~ ;.; ~ .'. :t.; ~ ~ w ~.~ w ~.: w ~.~ ~ ~.~ ~.~ ~ ~ .', ~ .'~ ~ ~.~ ~ ~.~ *- 7- ~ 7. ~ 7. ?#:-, ~->>:'.'->>:..:+:. .:+:. ,->>:. .:+:. .>>:. .:+:. .:.:.~.:. .:+;; .:+:- .:+;.-.;;-::;::-::+;: .:+:. .:+;. decreed that.. ,. .~J?~~.R~. ~!'X . ~I:r.~~~, . .. . ... . , ,. .. , . . , .. . , . " plaintiff, and. ,. .. " ., ,. .. . r~.ql1~~. ,~~J? Kxrr~.~ , . ., . . .. .... . . ,. .. . . ". 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 ............................. ........... ,. .... .................... .... ...., ,.......,.....""'..."...,...,.,,. ./.),.'.........'.." 0, TJ~ .......... . ../ . ...... Attest: ~' /.~, .t?-~&'~ ,.~...0tC<.. /01 JtL.~, %P;oth~~~t~~y ......... J. ~ S ~ '.' ~ ~~ ~ ~., i '.' ,', * ~ ~.~ ,,~ ~ ,', ~ a " ~.~ ~ !; ~ ~.I ,', ~ ~~ * ~ ~.~ c:.~ ~ ,', ~ ,', ~ ~ ~.: ~ ~ ~.~ i ~.' " ~ ~ ~ ~.I .,., , .~' ~ -.: ,', ~ ~ ~ ,'; *. '.' a, ',' .t$ $ ~ ;(;. '.' ~ ;.:~ i' SANDRA KAY KITTI.I':, I N Tin: COUIlT O~. COMMON 1'r.~:M; Pl"inti ff CI1HnF:RI.AND COUNTY, I'F:NNSYI.vANIA VS. CIVIL DIVISION THOMAS I.~:~: K I1'T 1.1':, NO. ~!l-61311 CIVIl, Tf:RM Defendant : I'IlAECll'f: TO TRANSMIT IlECORD 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 S3301(c) ~xIc)cOclt of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: November 19, 1998, by certified U.S. mail. 3. Complete either paragraph (a) or (bl. (a) Date of execution of the affidavit of consent required by S3301(c) of the Uivorce Code: by plaintiff April 21, 1999 by defendant March 18, 1999 (b)(l) Date of execution of the affidavit requ~red by 5330l(J) of the Divorce Code: ; (2) Date ef filing and service of the plaintiff's affidavit upon the r~spondent: 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record. a copy of which is attached: (b) Date plaintiff's filed with the Prothonotary: Date defendant's filed with the Prothonotary: Waiver of Notice in S3301(c) Divcrce was April 21, 1999 Waiver of Notice in S3301(cl Divorce was April 13, 1999 Date: April 21, 1999 Itrt4V ~ Attorney for (Plaintiffl~ Marlin R. McCaleb, Esquire SANDRA KAY KITTLE, Plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIl, ACTION - LAW vs. THOMAS LEE KITTLE, Defendant NO. W, (.. t/.3S" CIVIL TERM CIVIL ACTION - IN 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 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. If the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 CLA~M 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 LAW Of TILT:; MARLIN Fl. McCALEB ~~ Marlin R. McCaleb Attorney for Plaintiff SANDRA KAY KITTLE, Plaint if f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. ? J. ~ '/ j iT CIVIL TERM THOMAS LEE KITTLE, Defendant CIVIL ACTION - IN DIVORCE f. I" . COMPLAINT UNDER SECTION 3301(c) OR 3301(dl OF THE DIVORCE CODE 1. Plaintiff is SANDRA KAY KITTLE, who currently resides at 34 Bali Hai Road, Mechanicsburg (Silver Spring Township) Cumberland County, Pennsylvania 17055, since December 31, 1996. 2. Defendant is THOMAS LEE KITTLE, who currently resides at RR 2, Box 1827, Bodoinham, Maine 04008, since on or about ".ic August 1, 1998. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint and Defendant has been a bona fide resident in the Commonwealth of 5. There have been no prior actions of divorce or Pennsylvania from at least June 30, 1997, until on or about August 1, 1998. 4. Plaintiff and Defendant were married on July 4, 1997, in Harrisburg, Dauphin County, Pennsylvania. L^W ()rTICE~; 6. The marriage is irretrievably broken. l'~\ :.~.' ~~, ;., !\'" annulment between the parties. MARLIN rc. McCALEB ti" -2- SANDRA KAY KITTLE, PlaintiH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW NO. ,,! l. " Jj CIVIL TERM THOMAS J.Er: KITTI.r:, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Sandra Kay Kittle, 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 Office of the Prothonotary, 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 counselling prior to a divorce decree being handed down by the court. 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: //- /~ , 1998 LAW ()fTlCl~~; MARLIN Fl. McCALEB . , 1 ~ r~~ ~ s, \ ~\~ ~ ^ V) "J " ~ " '1 ~ " l ~ " :' " \- ('.' L' ~ ~ IV) M f'- t ~ ------------,...---..--....- -- ...____..,.___.___u._____ rz.< 01-1 ~~ ~ ~ r.:! ~ ..:1>< E-<r.:! .... .j.J "!.: 0 ll<CIl U .... l: r.:! ~ ~ z~ ..:Ill: ..... III U ~ . 1-10 .j.J 'tl l>: u >- Z u u Or.:! >> l: l: 0 ~ . u . ~ll< 1-11-1 ..... ~ > ~. > "' Q. t; g ~ ue . III ..... 1-1 u -..;; o .~ r.:!..-I r.:!~ e u ~ ffi Z I\l ~ U><~ Z ..:Ill< ..:Ie ~ u - )( z 1-1 E-< E-< Z ~ ~ It of 0 W ~~I 0 lIJ :i lJl ll. E-< E-< 1-1 3 ffi t;; 0 Ii I 1-1 1-1 . .. ~ ~ ~ ~ 0 :<: :<: Eo< ~ j E-<UZ Z . Z <r 01 51 ~eS 0 ~ tIl r.:! 1-1 tt _ u 1-1 :> r.:! ~ l.I. N Z O~ E-< E-< ..:I ~ U U ~ ll< ~ G r.:! I( ~ CIl :E w ~ 0 ~ tll ..:I ..:I e U E-<~I-I 1-1 ~ Z i:i .> tll 01-1 CIl Eo< I-IUU ZU , . I.AW OFnCr:~, MARLIN fl. McCALEB SANDRA KAY KITTLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO, 98 - 6438 CIVIL TERM THOMAS LEE KITTLE, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE MARLIN R. McCALEB, Esquire, certifies and says: that he is the attorney for Sandra Kay Kittle, the Plaintiff in the above-captioned action; that on behalf of said Plaintiff, he did file Plaintiff's Complaint in Divorce in the Office of the Prothonotary of Cumberland County, Pennsylvania, on November 13, 1998; that pursuant to Rule No. 1930.4(c) of the Pennsylvania Rules of Civil Procedure, he did serve' said Complaint upon Thomas Lee Kittle, the Defendant herein, by depositing a true and attested copy of said Complaint, properly endorsed with Notice to Defend and Claim Rights, in the mail in the post office at Mechanicsburg, Cumberland County, Pennsylvania, on November 13, 1998, properly addressed to the said Defendant at his place of residence at RR 2, Box 1827, Bodoinham, Maine, 04008, with proper postage attached, certified United States mail (Receipt No. P 977 270 257, return receipt requested, restricted delivery); that thereafter he did receive said return receipt card bearing the signature of Thomas Lee Kittle, Defendant herein, and indicating receipt of said copy of the Complaint on November 19, 1998; that the said mail receipt and return receipt card are attached hereto and made a part hereof. marked Exhibit "A". I verify thilt the statements milde in this Affidavit are true and cor'rec.:L. I understand that falsD statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification. Date: November 30. 1998 ~ 'J' ,,) /' ',-, -'tt.4~ Ptt2ti~ Marlin R. McCaleb LAW OJ-neE!; MARLIN R. McCALEB -2- TO: P -.7 7 270 2 5 7 1I1olnds Lee K llt 1 e rm 2, Box 1827 (lodOlIlI1<l1ll f1E O'100B SENDER: REFERENCE: P FORM 3800 SEPTEMBER 1 5 ""- c.rtJl..aF.. RETURN RECEIPT SERVICE: R./"mll_lAfH FlnI,tC1-.1Oe1.....-y T~IPt>llao-.ndF"' US Postal Service Receipt for Certified Mail : No Insurance Covarage Provided , 00 not use for Intemalional Mall C;; SENDER: 'tI -Complele items 1 ancVOf' 2 for additlOnall6MceI. Ii _Completl Items 3, 48, and 4b. I .Prlnt your name and address on the reverse of this form 10 thai we can retumlhll card to you. -Attach this form 10 the front of the mallp1eC8,oronthebacklfspacedoe. no! ! permit. .. -Writs"Retum R~/pt Requested' on the maJlplece below the article number. 5 -The Relum Receipt wiD show to whom the artlde was deUvered and the date c delivered. o 'j 3. Article Addressed to: , .!! Thomas Lee Kittle 0. E RR 2, Box 1827 8 Bodoinham, ME 01003 LAW OfrlCC; MAriLIN fl. McCM.EEJ I also wish to receive the followlng services (for an extra fee): 1, 0 Addressee's Address .!J ~ 2)( Restrlc1ed Delivery ell Consult posboaster for fee, So 4a. Article Number ] P 977 270 257 E i II: '" .5 "', '" 2 4b, Service Type o Registered o Express Meil o Retum R Ipl 7. Date f e v )( ~Illfled o Insured ncIse 0 COD , 5, Received By: (Print Name) a: ~ '" o ,.. .!! Domestic Return Receipt EXHIBIT "A" 1 I t f ~. " ~ ~ S 8 . ~ Z N ~ ~ n - . ".. ~ ~ . . M Z r ~ i "IJ ~ ~ .. . (10 -I IJl ~ ~ . ' '" 0 "IJ ~ 1: 11 ~ ~ )( ~ ~ ~ ~ n Z N Z 11 '" ~ ~ ~ ~ ~ ~ '< 11 ~ ~ . '" n ~ ~ r'1 . ~ ~ 0 ~ ~ II! ~~: ! :-L c.' 7;( :.~: (" -, ) " SANDRA KAY KITTLE, PIa int if f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98 - 6438 CIVIL TERM vs. THOMAS LEE KITTLE, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 13, 1998, and was served on me by certified mail on November 19, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I am not a member of the armed forces, nor in active military service, of the United States of America or the Commonwealth of Pennsylvania or any other state or country. 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., Section 4904, relating to unsworn falsification to authorities. Date: 3 - /6 , 1999 , ' t!) (~ ~ 1...:."J ..;'1 -e~ ... C .~1 "J , .,-,-r G.\ ,:.:' , , " ~. '.~l ::? " :rJ ,- .... ,-, :yn ....., -:c1 =~ :u (,J -.; SANDRA KAY KITTLE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 98 - 6438 CIVIL TERM THOMAS LEE KITTLE, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 53301 (e) 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 in this affidavit 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: y-rs- 99 , 1999 ," ....':' . ") (-; ~) n "-:.. , " 'J - '-:1 ~ C:', ,> :-} ,- -, " )-," .,) . -r'n ; _J , ::;! :.:( :.:> ~] <,) ~~ VB. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE:lNSYLVANIA CIVIL ACTION - LAW SANDRA KAY KITTLE. Plaint if f NO, 98 - 6438 CIVIL TERM THOMAS LEE KITTLE, Defendant CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT ',' 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 13, 1998. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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., Section 4904, relating to unsworn falsification to authorities. Date: ij /:< I / / , 1999 ../ 1//1, /'L Sandra Kay /l~'1 J:7!: Ki~cle, Plaintiff . , ~ . .' . SANDRA KAY KITTLE, Plaintiff IN TilE COURT OF COMMOt\ PLEAS OF CUMBERLAND COUNTY, PEN~SYLVANIA CIVIL ACTION - LAW vs. THOMAS LEE KITTLE, Defendant NO. 98 - 6438 CIVIL TERM CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301 (e) 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 in this affidavit 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: ./loZ./ // . ,,',/ I ,,~ . c'. ''/l ' //t'/(>~///; Kay Kit~le,-Plaintiff 'J , 1999 , Sa'ndra J :X r f.j 1:-<~ ~( ~;