HomeMy WebLinkAbout99-03783
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IN THE COURT OF COMMON PLEAS
CE CUMBERLAND COUNTY
.
STATE OF ??'oCWPt PENNA
JAMES E. MARLEY,
N o.
...99.......3783 ................. I 9
Plaintiff
Versus
JUDY A. MARLEY,
Defendant
DECREE IN
DI VORCE
AND NOW, ...(--..? ....... 19.99.... it is ordered and
decreed that .............. JAMES E. MARLEY . , Plaintiff,
and • .. • ................... JUDY. A., MARLEY .................... defendant,
are divorced from the bonds of matrimony.
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v 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.
It is further ORDERED ADJUDGED and DECREED that the terms
provisions and
conditions of a certain Marital Settlement Agreement,between•thq.pgKt;jgq.4ated
.
•0ct66er ?, 1999
are incorporated in this Decree in Divorce by reference as
fully as .i£ the .same .wer.e .set .forth -herein at •1en G , -• aid -A reement -shall
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By The C t:
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES E. MARLEY, )
Plaintiff )
V. ) NO. 99 - 3783 CIVIL
JUDY A. MARLEY, ) CIVIL ACTION - LAW
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. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code
2. Date and manner of service of the complaint: Service accepted by William A.
Fetterhoff, Esquire on June 24, 1999; Acceptance of Service filed June 28, 1999.
3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code:
by plaintiff, October 5, 1999; by defendant, October 5, 1999.
4. Related claims pending: All claims resolved by Marital Settlement Agreement
dated October 5, 1999.
5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary:
contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce
was filed with the prothonotary: contemporaneously herewith.
Date: (C)
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Jo C. Howett, Jr., F,dquire
HOWETT, KISSINGER & CONLEY, P.C.
130 Walnut Street
P. 0. Box 810
Harrisburg, PA 17108
Telephone: (717) 234-2616
Counsel for Plaintiff
James E. Marley
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES E. MARLEY, )
Plaintiff )
qq-
V. ) NO. -S 1999
JUDY A. MARLEY, ) CIVIL ACTION - LAW
Defendant ) 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.
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, 1 Courthouse Square, 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, PA 17013
Telephone: (717) 240-6200
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.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES E. MARLEY,
Plaintiff )
V. )
JUDY A. MARLEY, )
Defendant )
NO. -S 1999
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
Plaintiff James E. Marley, by and through his counsel, Howett, Kissinger & Miles, P.C.,
hereby files this Complaint in Divorce and in support thereof avers the following:
1. Plaintiff is James E. Marley an adult individual who currently resides at
Dietz Road, P.O. Box 67, Elliottsbsurg, Perry County, Pennsylvania, 17024-0067.
2. Defendant is Judy A. Marley, an adult individual who currently resides at
315 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, 17013.
3. Both the Plaintiff and Defendant have been h= fik residents in the
Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of
this Complaint.
4. The Plaintiff and Defendant were married on December 31, 1990 in
Hawaii.
5. There have been no prior actions for divorce or for annulment of the
marriage between the parties instituted by either of them in this or any other jurisdiction.
6. Neither Plaintiff nor Defendant is in the military or naval service of the
United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of
the Congress of 1940 and its amendments.
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. The marriage of the parties is irretrievably broken.
9. The parties have lived separate and apart since in or about April 30, 1999.
10. Plaintiff requests the court to enter a decree of divorce.
Respectfully submitted,
Date: 6A I y I
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/--A L C,
John . Howett, Jr., Es°q tre I
IfGWETT, KISSINGER & MILES, P.C.
130 Walnut Street
P.O. Box 810
Harrisburg, PA 17108
Telephone: 717/234-2616
Counsel for Plaintiff
James E. Marley
VERIFICATION
I, James E. Marley, hereby swear and affirm that the facts contained in the foregoing
Complaint in Divorce are true and correct to the best of my knowledge, information and belief
and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to
authorities.
Date:
J s E. Marle
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES E. MARLEY,
Plaintiff )
V. ) NO. 99 - 3783 CIVIL
JUDY A. MARLEY, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce on behalf of Judy A. Marley, Defendant
in the above-captioned action and certify that I am authorized to do so.
Date::
1
William A. Fetter off, Esquire
FETTERHOFF & ZILLI
200 North Third Street, Suite 800
P.O. Box 1161
Harrisburg, PA 17108
Telephone: (717) 232-7722
Counsel for Defendant
Judy A. Marley
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES E. MARLEY,
Plaintiff )
V. )
JUDY A. MARLEY, )
Defendant )
NO. 99 - 3783 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
A complaint in divorce under §3301(c) of the Divorce Code was filed on
June 22, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in 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.A. §4904, relating to
unswom falsification to authorities.
Date:
Jams E. Marley, Plaintif
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES E. MARLEY, )
Plaintiff )
V. )
JUDY A. MARLEY, )
Defendant )
NO. 99 - 3783 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
§3301(c) OF THE DIVORCE CODE
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. §4904
relating to unswom falsification to authorities.
Date:
JamFs . Marley, la?fiff
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES E. MARLEY,
Plaintiff )
V. )
JUDY A. MARLEY, )
Defendant )
NO. 99 - 3783 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
AND WAIVER OF COUNSELING
A complaint in divorce under §3301(c) of the Divorce Code was filed on
June 22, 1999.
The marriage of Plaintiff and Defendant is irretrievably broken, and ninety
days have elapsed from the date of filing and service of the complaint.
3. I consent to the entry of a final decree in 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.A. §4904, relating to
unswom falsification to authorities.
Date:
Jud S. Ma I , De q?ant
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
JAMES E. MARLEY, )
Plaintiff )
V. )
JUDY A. MARLEY, )
Defendant )
NO. 99 - 3783 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
43301fc1 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. §4904
relating to unswom falsification to authorities.
Date; O
Jud Ma ey, Defen t
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