Loading...
HomeMy WebLinkAbout99-06022C> IN THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY STATE OF - PENNA. n --r MICHAEL G. HENRY, Plai:ritiff No. 99-6022 VERSUS KAY L. HENRY, Defendant DECREE IN DIVORCE AND NOW, 1 c84(Uv:) 23 Zors D, IT IS ORDERED AND DECREED THAT MICMM G. HENRY PLAINTIFF, AND KAY L. HENRY 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 BY THE COURT: ATTES C/ J. PROTHONOTARY . M ,' I .- a -? ??? ?? F?py ?k?i ? MICHAEL G. HENRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-6022 - Civil Term KAY L. HENRY : 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 the divorce is irretrievable breakdown under Section of 3301(c) of the Divorce Code. 2. Defendant was served with the Divorce Complaint by certified mail, return receipt, and the return receipt card was signed by the Defendant on October 13, 1999. 3. Plaintiffs Affidavit required by Section 3301(c) of the Divorce Code was executed by the Plaintiff on January 27, 2000. 4. Defendant's Affidavit required by Section 3301(c) of the Divorce Code was executed by the Defendant on February 2, 2000. 5. There are no related claims pending. The parties agree to the entry of the Marital Settlement Agreement dated September 30, 1999, to be incorporated into the final Decree of Divorce between them. Respectfully submitted, 010 ? 'k? ANDREA ACOBSEN, Esquire JACOBSEN & MILIiES 52 E. High Street Carlisle, PA 17013 (717) 249-6427 Attorney for Plaintiff r7 L. V= _. i,i Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 99- L004IVIL TERM KAY L. HENRY, : IN DIVORCE Defendant : 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 the 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, PA 17013 (717) 249-3166 MICHAEL G. HENRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-COWaCIVIL TERM KAY L. HENRY, : IN DIVORCE Defendant : COMPLAINT IN DIVORCE 1. Plaintiff is MICHAEL G. HENRY, presently residing at 137 Brookwood Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 1. Defendant is KAY L. HENRY, presently residing at 16 W. Springville Road, Boiling Springs, Cumberland County, Pennsylvania, 17007. 2. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 3. The Plaintiff and Defendant were married August 1, 1981. 4. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 5. Neither party to this action in divorce is currently a member of the Armed Forces of the United States of America. 6. Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. The marriage between the parties hereto is irretrievably broken. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiff requests this Court to: a. Enter a final Decree of Divorce divorcing the Plaintiff from the Defendant; b. Grant such further relief as it shall deem proper and just. Respectfully submitted, t" a BY: An ea C. acobsen JACOBS MILKES 52 E. High Street Carlisle, PA 17013 (717) 249.6427 (717) 249-8427 - Fax Attorney No. 20952 I hereby verify that the statements made in the foregoing 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. MICHAEL G. HENRY l l '-l 1 `• V1 `l 117 r ? 00 MICHAEL G. HENRY IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 99-6022 - Civil Term KAY L. HENRY : IN DIVORCE Defendant : AC TRT,aNCT OF SERVICE I, Kay L. Henry, confirm that I received and accepted service of the Divorce Complaint filed in this matter, and I assert that I am the Defendant in this action. Date I received Divorce Complaint /-- 1999, / Date I am signing this document , 1999. Kay L. emy 16 W. Springville Rd. Boiling Springs, PA 17007 t-- N 'y c s ? Ij r.. cr, C 3 LL . T4 U Cn c.n U MICHAEL G. HENRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-6022 - Civil Term KAY L. HENRY IN DIVORCE Defendant : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on October 1, 1999m on the grounds that the marriage of the parti--s is irretrievably broken. 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. 4. 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. In addition, I specifically acknowledge that a full and final settlement of all property and other rights of the parties has been entered between the Plaintiff and Defendant by a Marital Settlement Agreement. I verify that the statements made in the 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. Date: KAY L. ENRY ? = .. i ; MICHAEL G. HENRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-6022 - Civil Term KAY L. HENRY IN DIVORCE Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 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 unsworn falsification to authorities. n Date: \_ / KA L. H , RY ?, MICHAEL G. HENRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-6022 - Civil Term KAY L. HENRY : IN DIVORCE Defendant : AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under the Divorce code was filed on October 1, 1999m on the grounds that the marriage of the parties is irretrievably broken. 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. 4. 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. In addition, I specifically acknowledge that a full and final settlement of all property and other rights of the parties has been entered between the Plaintiff and Defendant by a Marital Settlement Agreement. I verify that the statements made in the 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. Date: / UO MICHAEL G. HENRY ;?? i `. ?_ n ?? i? .i [? __ _.: !i MICHAEL G. HENRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. 99-6022 - Civil Term KAY L. HENRY : IN DIVORCE Defendant : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 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 unsworn falsification to authorities. Date: 600 MICHAEL G. HENRY C) ?r M i ., - . :: _ _ . ' -? ? j !i?? i.... _ t? „ ;-, i _. c?, <:? MICHAEL G. HENRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.99-La CIVIL TERM KAY L. HENRY, : IN DIVORCE Defendant : ORDER OF COURT AND NOW, this E? day of 44?- , 1999 having reviewed the Stipulation for Child Custody of parties and counsel in this matter, it is hereby ORDERED AND DECREED that: 1. The parties shall enjoy shared legal custody of JOSEPH HENRY as contemplated by 23 Pa.C.S. §5301. 2. Primary physical custody of JOSEPH shall be enjoyed by Father, Plaintiff, MICHAEL G. HENRY. 3. Partial physical custody of JOSEPH shall be enjoyed by Mother, KAY L. HENRY, for visitation and at such times as the parties may agree, the exact times and periods to be determined by the circumstances. 4. By their Stipulation, the parties have agreed that under the current circumstances, the said Stipulation for Child Custody will serve the best interests of the child. In the event of a change in circumstances, either party may at any time in the future petition the Court for a modification for this Order. 1 L ,: ?:? ?, ,? :; ., ._. c - ' , :? J 5. Should either party at any time in the future petition for a modification of the Order of Court based upon their Stipulation, the Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. BY THE COURT: J. MICHAEL G. HENRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 99-(_0ga CIVIL TERM KAY L. HENRY, : IN DIVORCE Defendant : STIPULATION FOR CHILD CUSTODY AND NOW, this day ofP 1999, the parties, MICHAEL G. HENRY (Father) and KAY L. HENRY (Mother) enter into a Stipulation for Custody as follows: WHEREAS, the parties hereto are wife and husband who have agreed to separate and to live separate and apart; and WHEREAS, the parties are the parents of JOSEPH HENRY, born January 16, 1982, presently age 17; and WHEREAS, the parties have reached an agreement regarding the best interests of their said minor child. NOW THEREFORE, the parties do stipulate and agree that the best interests and welfare of JOSEPH will be served by the following: 1. The parties shall enjoy shared legal custody of JOSEPH as contemplated by 23 Pa.C.S. §5301. 2. Primary physical custody of JOSEPH shall be enjoyed by Father, Plaintiff, MICHAEL G. HENRY. 3. Partial physical custody of JOSEPH shall be enjoyed by Mother, KAY L. HENRY, for visitation and at such times as the parties may agree, the exact times and periods to be determined by the circumstances. 4. By their Stipulation, the parties have agreed that under the current circumstances, the said Stipulation for Child Custody will serve the best interests of the child. In the event of a change in circumstances, either party may at any time in the future petition the Court for a modification for this Order. 5. Should either party at any time in the future petition for a modification of the Order of Court based upon their Stipulation, the Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. The Plaintiff and Defendant do verify that they stipulate as set forth above and that the statements herein are true and correct to the best of their knowledge and information and belief. Plaintiff and Defendant understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. MICHAEL G. HE KAY L. ENRY Plaintiff Defendant a? u a O' cli -?? to 9 C-b C: MICHAEL G. HENRY : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99 'A0d CIVIL TERM KAY L. HENRY, : IN DIVORCE Defendant : WAIVER OF COUNSELING MICHAEL G. HENRY, Plaintiff herein, hereby states and certifies as follows: 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Cot rt require that my spouse and I participate in counseling 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. Dated: SP/l7` ? 2, '%Y :;"' ???'? MICHAEL G. HENRY 7- 12, C.: c; m