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Home My WebLink About07-1697r r Kenton D. McCoy, V. Diane H. McCoy, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - /1ac17 Defendant : IN DIVORCE CIVIL TERM You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselor is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (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. 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. r MARK F. BAYLEY, ESQUIRE BAYLEY & MANGAN 57 WEST POMFRET STREET CARLISLE PA 17013 (717) 241-2446 ATTORNEY ID NO. 87663 ATTORNEY FOR PLAINTIFF Kenton D. McCoy, Plaintiff V. Diane H. McCoy, Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 - //- 47 CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Kenton D. McCoy, an adult individual, who resides at 225 Zion Road, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is Diane H. McCoy, an adult individual, who resides at 110 Petersburg Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on July 14, 2000 in Boiling Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Z S'-?01 Date: Respectfully submitted, BAYLEY & MANGAN ()Lj-" ark F. Bayley, Es re 57 W. Pomfret St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unworn falsification to authorities. Date: 31,A:iLo7 Y,Md?- D• m4ny Kenton D. McCoy Q ? Cn ?I cl? 4 C> C TF !Tr N CC) c.n O -n 5? m -c-, ?; -.r) 1 -,C) Drn Kenton D. McCoy, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL ACTION - LAW Diane H. McCoy, : NO. 07 -1697 CIVIL. TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on March 28, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 TO AUTHORITIES. I o /Xq /0-7 Date ,0_ t. Kenton D. McCoy 0 `? _ _`f R, S rY Kenton D. McCoy, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : CIVIL ACTION - LAW Diane H. McCoy, : NO. 07 -1697 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on March 28, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 TO AUTHORITIES. i02-4o-7 Date Diane H. McCoy C?? - I T Kenton D. McCoy, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. • : CIVIL ACTION - LAW Diane H. McCoy, : NO. 07 -1697 CIVIL TERM Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301W) 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 THATT EH STATEMENTS MADE IN THE FOREGOING 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 TO AUTHORITIES. Id12-L+10-7 P-9, C r Date Kenton D. McCoy Cs I 53 rn C - 1 Kenton D. McCoy, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA v : CIVIL ACTION - LAW Diane H. McCoy, : NO. 07 -1697 CIVIL TERM Defendant : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER -43301(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 THATT EH STATEMENTS MADE IN THE FOREGOING 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 TO AUTHORITIES. 0 IZ D ate D e H. McCoy C ya: --} srt e Crl "? Kenton D. McCoy, V. Diane H. McCoy, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 07 -1697 CIVIL TERM : IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce on behalf of the Defendant, Diane H. McCoy, in the above-captioned action and I certify that I am authorized to do so. -7 (&3 (0 -? Date BY: Diane H. McCoy, Defendant M- C?l fit} ` ? C. Kenton D. McCoy, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : : CIVIL ACTION - LAW Diane H. McCoy, : No. 2007-1697 CIVIL TERM Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: filed on March 28, 2007 and Acceptance of Service signed on July 23, 2007 3. Date of execution of the affidavit of consent required by § 3301(c) of The Divorce Code: by the Plaintiff October 24, 2007; by the Defendant October 24, 2007. 4. Related claims pending: None 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on October 29, 2007; a copy of which is attached. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on October 29, 2007; a copy of which is attached. 10 Date: V\11?c Mark F. Bay, Esquire BAYLEY & MANGAN 17 W. South St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 Attorney for Plaintiff G ? O ? 11 ( ? ?r=; c-n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Kenton D. McCoy Plaintiff No. 1 697 2007 VERSUS Diane H. McCoy Defendant DECREE IN DIVORCE AND NOW, Alh14- 3O- , 00-7_, IT IS ORDERED AND DECREED THAT AND Kenton D. McCo Diane H. McCoy ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, ,DEFENDANT, 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. The Marital Settlement Agreement executed on July 24, 2007 is incorporated but not merged with the Divorce Decree. E A La, X - (9l 6a "1E' al IN T$E COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plain ' Vs ,~ ~-- Def File No, ~~ ~ ~ 1~~~_ IN DIVORCE n N Q ~~ NOTICE TO RES~T11~E PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by maridng "x" J :, <<, R) c; ~~; n :'~ i=- ;;~,,-: ;_; ~` _~ ~-.. p ' r to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorcfe~ d^ated ~ ~ 2) ~ hereby elects to resume the prior surname o£"~ 1'-~ SQ (/\ ,I~~ '~ ,and gives this written notice avowing his /her intention pars t e provisio of 4 P.S. 704. Date: ~ -o~ - l C~ Signature Signature of name being resumed COMMONWE TH OF P SYLVANTA ) COUNTY OF On the ,~ day of ---~. , 20~ 0 before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand h et my hati°~d and official seal. ALTH VANIA NOTARIAL SEAL DARCIE A. NEIL, Notary Public Boro of Carlisle, Cumberland County My Comrn~ssion F.a~iw~ Nov. 24, 2013 Notary Public ~~.s!` ~ -~3~