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Home My WebLink About99-05241 a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. F Tf? S, CINDY L. HAILEY Plaintiff N O. 99 - 5241 VERSUS JOHN M. HAILEY Defendant DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT AND CINDY L. HAILEY , PLAINTIFF, JOHN M. HAILEY 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; Vj()VDy Property Settlement Agreement dated May 16, 2000 is incorporated into this Order. BY THE COU ATTEST: J. NOTARY CINDY L. HAILEY, :IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-5241 CIVIL JOHN M. HAILEY, 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 Section (x)3301(c) ()3301(d)(1) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: September 9, 2000, First Class Certified Mail, Return Receipt Requested, Restricted Delivery. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: July 17, 2000; Defendant: July 14, 2000. (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code:_; (2) Date of service of the Plaintiffs affidavit upon the Defendant:- 4. Related claims pending: None. 5. Complete either (a) (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 Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 24, 2000. (c) Date Defendant's Waiver of Notice in §3302(c) Divorce was filed with the Prothonotary: July 26, 2000. 2(V _ Hubert X. Gilr , Esquire Attomey for /Plaintiff Broujos & Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 :J CINDY L. HAILEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL DIVISION - LAW JOHN M. HAILEY, :NO. 99-S" a4/ CIVIL 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 717-249-3166 CINDY L. HAILEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL DIVISION - LAW JOHN M. HAILEY, :NC). 99--5-4'11 CIVIL Defendant : IN DIVORCE COMPLAINT Plaintiff, Cindy L. Halley, by her attorneys, Broujos & Gilroy, P.C., sets forth the following: Plaintiff, Cindy L. Halley, is an adult individual residing at 1404 Bradley Drive, Apt. 8214, Carlisle, Cumberland County, Pennsylvania. 2 Defendant, John M. Halley, is an adult individual residing at 1017 Harriet Street, Carlisle, Cumberland County, Pennsylvania. 3 The parties were married on May 14, 1983, in Carlisle, Cumberland County, Pennsylvania. 4 Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least six months prior to the commencement of this action. 5 There have been no prior actions for divorce or annulment in this or any other jurisdiction within the knowledge of the Plaintiff. 6 In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 7 Plaintiff and Defendant have acquired property, both real and personal, which is subject to equitable property distribution. WHEREFORE, the Plaintiff requests your Honorable Court to enter an order as follows: A. Divorcing Plaintiff from the Defendant. B. Equitably dividing the marital property of the parties. C. Such other relief as the court deems appropriate. Respectfully submitted, By Hubert X. Gilroy Esq. Attorney for PI ntiff Broujos & Gil y, P.C. 4 North Hanover Street Carlisle, PA 17013 717-243-4574 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unswom falsification to authorities. mdy L. ailey Cl l . ll. - CJ V C'1 v UN -Zi Ai C? CINDY L. HAILEY, :IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 99-5241 CIVIL JOHN M. HAILEY, Defendant, : IN DIVORCE AFFIDAVIT OF SERVICE I, Hubert X. Gilroy, being duly swom according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant, John M. Hailey, by certified mail on September 9, 1999. A copy of the Certified Mail - Return Receipt Requested, Restricted Delivery, is attached hereto and marked Exhibit A. 8 ? Gb ?O DATE Hubert X. Gilroy, Es ire Attorney for Plainti Broujos & Gilroy, P.C. 4 North Hanover Street Carlisle, PA 17013 717 - 2434574 Sworn and subscribed before me this day of 2000 Notary Publ c I SE n •C 4 •P N as A A y m p L •T d C U 3.. 8 a. E u T. 7 n >A x PS items 1 andlar 2 to, additional sorvkea, I also wish IO receive the dams 3,4a, and Ob. following services (for an name and address on the ,av9r5o of this form W that we can nilum Ibis extra tee); u. I form to the from of the mailpia<e, or on the back if space does not 1. ? Addressee's Address a 'um Receipt ReOuesred'on the mailpteae below the articts mumbo,. 2.$] Restricted Delivery Z It Receipt will show 10 whom the article was cowered and the data Consult postmaster for tee. John M. Hailey 1017 Harriet Street Carlisle, PA 17013 4a. Article Number Z 452 469 231 4b. Service Type ? Registered? Certified ? Express Mail ? Insured allelurn Receipt for Merchandise ? COD z 7. Date of Deliverkp F o 8. Addressee's Address (Only it requested Y and fee is paid) m L f 1994 102595 98 a-0229 EXHIBIT -A 3301(c).no1 CINDY L. HAILEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : 99-5241 CIVIL TERM JOHN M. HAILEY, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 27, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about September 9, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: / 7 Gn y L. Halley, Plaintiff ::? >_ ?S ,, ,:_, 3301(e).nut CINDY L. HAILEY, v JOHN M. HAILEY, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 99-5241 CIVIL TERM Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on August 27, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about September 9, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 1 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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 unworn falsification to authorities. Date: / ????? J ?.. -i . a ?..i C^. _ .? ? '.. -? ?i .. v