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IN THE COURT OF COMMON PLEAS
` OF CUMBERLAND COUNTY
r STATE OF PENNA.
Vi
KATHRYN A. CALLAHAN,
N99-6489 CIVIL TEAM
:.
? .._.. .. .... PLAINTZPP. No. - . ..... .. . ... ................. 19
ROBERT P. CALLA1";"'-'[1'
DEPENDANT ..
t
DECREE II
DIVORCE
AND NOW .............. kAA''rrHkYR' k.' CALLAHAN
decreed that ............... ROBERT' P. ' CALLARAN..... .
and ................................................
+? are divorced from the bonds of matrimony.
2
The court retains jurisdiction of the followir
been raised of record in this action for which a fi
been entered;
/f4ONE
......................
it
By The Court:
f Attest:
it is ordered and !
........ , plaintiff,
....... , defendant,
d
t claims which have
al order has not yet
...................
....... ............. .
L ?•
• Prothonotary iP
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KATHRYN A. CALLAHAN, t IN THE COURT OF COMMON PLEAS OF
Plaintiff t CUMBERLAND COUNTY, PENNSYLVANIA
t
v. t CIVIL ACTION - LAW
t IN DIVORCE
ROBERT P. CALLAHAN, t
Defendant t 899-6489 CIVIL TERM
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 3301(c)
2. Date and manner of service of the complaint: Certified mail
restricted delivery Z 452481117 served on October 25. 1999 service accepted
October 27. 1999.
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 the plaintiff 3/22/00 r by the
defendant 3/27/00
(b) (1) Date of execution of the plaintiff's affidavit required by
Section 3301(d) of the Divorce Code: r
(2) Date of service of the plaintiff's affidavit upon the
defendant:
,
4. Related claims pending:
5. Indicate date and manner of service of the notice of intention to
file praecipe to transmit record, and attach a copy of said notice under section
3301(d) (a) (i) of the Divorce Code. Notice waived by both parties
Ruby D. Weeks, Esquire for the Plaintiff
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KATHRYN A. CALLAHAN,
Plaintiff
V.
ROBERT P. CALLAHAN,
Defendant
t IN THE COURT OF COMMON PLEAS OF
r CUMBERLAND COUNTY, PENNSYLVANIA
t
t CIVIL ACTION - LAW
t IN DIVORCE
t
t R99-6989 CIVIL TERM
PRAECIPE TO WITHDRAW COUNTS IN DIVORCE
TO THE OFFICE OF THE
Please withdraw the previous requests for indignities, Division of
Property, Counsel Fees, Costa, Expenses in the above captioned divorce action
since these matters have been satisfactorily resolved between the parties through
a Property Settlement Agreement entered into March 19, 2000.
Dated: - I D- OD Ruby D. W ks, Esquire
Attorney for Plaintiff
cot Ruby D. Weeks, Esquire
Robert Callahan, for self
E. Robert Elicker, II, Esquire, Master in Divorce
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V C.) CJ
KATHRYN A. C4LLAHAN1
Plaintiff
V.
ROBERT P. CALLAHAN,
Defendant
t IN THE COURT OF COMMON PLEAS OF
s CUMBERLAND COUNTY, PENNSYLVANIA
s
t CIVIL ACTION - LAW
t IN DIVORCE
t
t #94-1,11.07 CIVIL TERM
NOTICE TO DEPEND 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 at the Cumberland
County Court House, 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, Pennsylvania 17013
717-249-3166
KATHRYN A. CALLARAN, t IN THE COURT OF COMMON PLEAS Of
Plaintiff r CUMBERLAND COUNTY, PENNSYLVANIA
t
V. t CIVIL ACTION • LAN
t IN DIVORCE
ROBERT P. CALLAHAN, t
Defendant I M CIVIL TERN
AFFIDAVIT OF MARRIAGE COUNSELING
I, Kathryn A. Callahan, being duly sworn according to law, depose and say:
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 n list of marriage counselors in the
Prothonotary's Office, which lint 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 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. 54904 relating to uneworn falsification to authorities. w Ng Dated: daznx-)
Kathryn A. Cal than, Plaintiff
Sworn and subscribed to
befog _ Ame, ir ie daiy?
MOTAMAI KAl
l CN01 A. AIORAOW, Mobry Pubk
?JV?ti.I,IX 1`? &n 1 (?jJ IMy ror hgJ t?m une 40cetn*
, ?OW
Notary Public
KATHRYN A. CALLAHAN, s IN THE COURT OF COMMON PLEAS OF
Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA
s
V. s CIVIL ACTION - LAW
s IN DIVORCE
ROBERT P. CALLAHAN, s
Defendant s N 9?•Ls?Fq CIVIL TERM
COMPLAINT IN DIVORCE
TO THE HONORABLE, THE JUDGES OF SAID COURTS
AND NOW COMES, Kathryn A. Callahan, Plaintiff, by her attorney, Ruby D.
Weeks, Esquire, who avers as follows:
1. Plaintiff, an adult sui juris, is Kathryn A. Callahan, a U. S. citizen,
who currently resides at 131 Andrew Court, Cumberland County, Pennsylvania
17013, since April 15, 1998.
2. Defendant, an adult sui juris, is Robert P. Callahan, a U. S. citizen,
who currently resides at 52 Derbyshire Drive, Cumberland County,
Pennsylvania 17013, since 1995.
3. Plaintiff and Defendant have been a bona fide resident(s) in the
Commonwealth of Pennsylvania for at least six months immediately previous
to the filing of this Complaint.
4. The Plaintiff and Defendant were married on August 24, 1974, at
Harrisburg, Dauphin County, PA.
5. There have been no prior actions of divorce or for annulment between the
parties in this or any other jurisdiction.
6. Neither party is a member of the Armed Forces of the United States.
7. The marriage is irretrievably broken.
8. Plaintiff and Defendant have lived separate and apart since April 1998.
9. Plaintiff has been advised that counseling is available and that
Defendant may have the right to request that the Court require the parties
to participate in counseling.
10. Plaintiff requests the Court to enter a decree of divorce.
COURT I (A)- INDIGNITIES
3301 (e)(6) of the Divorce Code
1. Paragraphs 1 through 6 are hereby incorporated by reference and made a part
hereof.
2. The averments under this Count are not collusive.
3. Defendant has offered such indignities to Plaintiff, the innocent and
injured spouse, as to render her condition intolerable and life
burdensome.
(B)- IRRETRIEVABLE BREAKDOWN
3301 (c) of the Divorce Code
9. Paragraphs 1 through 3 are hereby incorporated by reference and made a
part hereof.
5. The marriage is irretrievably broken.
a. Plaintiff and Defendant have lived separate and apart since April
15, 1998.
6. Plaintiff has been advised as to the availability of counseling and that
she may have the right to request that the Court require the parties to
participate in counseling.
7. Plaintiff requests the Court to enter a decree of divorce.
COUNT II - REQUEST FOR DIVISION OF PROPERTY
UNDER SECTION 53502 OF THE DIVORCE CODE
8. Paragraphs 1 through 7 are hereby incorporated by reference and made a
part hereof.
9. The parties purchased or otherwise obtained during the course of their
marriage property which is considered "marital property".
10. Upon entry of a divorce decree, such property should be divided equitably
as is just and proper.
COUNT III COUNSEL PEES. COSTS. EXPENSES
11. Paragraphs 1 through 30 are hereby incorporated by reference and made a
part hereof.
12. Plaintiff, Kathryn A. Callahan has retained the services of Ruby D. Weeks,
Esquire, and the counsel fees, coats, and expenses for representation in
this action will be substantial and continuing.
13. Plaintiff is without sufficient funds, income, or a3sets to pay such
counsel fees, costa, and expenses.
14. Plaintiff will need to retain the services of an appraiser and other
experts with regard to this action.
15. Defendant is financially able to provide for these expenses of Plaintiff.
WHEREFORE, Plaintiff prays that a decree in divorce be entered
P.ivorcing Plaintiff from the bonds of matrimony between the said Plaintiff
and Defendant.
16. As to Count I, that a decree in divorce be entered divorcing Plaintiff
from the bonds of matrimony between the said Plaintiff and Defendant.
In the alternative, should Defendant execute an Affidavit consenting to a
divorce because the marriage is irretrievably broken, that a decree in
divorce be entered divorcing Plaintiff from the bonds of matrimony between
the said Plaintiff and Defendant.
a. As to Count II, that this Court determine marital property and order
an equitable distribution thereof.
b. As to Count III, that this Court enter an award for preliminary and
interim counsel fees, costs and expenses and to enter a final award
of counsel fees, coots, and expenses.
C. Such other additional relief as the Court deems necessary and
appropriate.
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. 54904, relating to unsworn falsification to authorities.
Dates I e- S-1• -9 1 A GVal
Kathryn A. Cal ahan, Plaintiff
Ruby D. eeks, Esquire
Attorney for Plaintiff
10 West High Street
Carlisle, PA 17013
(717) 243-1294
COMMONWEALTH OF PRNNSYLVANIA i
t ss
COUNTY OF CUMBERLAND
The above named, Kathryn A. Callahan, being duly sworn according to law,
deposes and says that the facts contained in the foregoing complaint are true and
correct, and the Complaint is not made out of levity or by collusion between her
and the said Defendant for the mere purpose of being freed and separated from
each other, but that it is brought in sincerity and in truth for the cause
mentioned in the said Complaint.
a.
Kathryn A. allahan, Plaintiff
Sworn and subscribe to
bef m t 1s day7n
of , 1K7--.
Notary Public
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KATHRYN A. CALLAHAN,
Plaintiff
V.
ROBERT P. CALLAHAN,
Defendant
t IN THE COURT OF COMMON PLEAS OF
t CUMBERLAND COUNTY, PENNSYLVANIA
,
CIVIL ACTION - LAW
t IN DIVORCE
t
t #99-6489 CIVIL TERM
AFFIDAVIT OF SERVICE BY MAIL
PURSUANT TO PA R.C.P. 1920.4 (a)(1)(ii)
COMMONWEALTH OF PENNSYLVANIA t
t as
COUNTY OF CUMBERLAND t
I, RUBY D. WEEKS, ESQUIRE, Attorney for Kathryn A. Callahan, being duly
sworn according to law, depose and say that a true and correct copy of the
Divorce Complaint, was served on Robert P. Callahan, at 52 Derbyshire Drive,
Cumberland County, Pennsylvania, 17013, by mailing the same to him by, postage
prepaid, certified mail, restricted delivery, No. Z 452 481117, on October 25,
1999. Service was accepted on October 27, 1999
Ruby D. Wee , Esquire
Sworn and subscri el to
befo a me this day
of hr.Z 1991.
deoo-/buTi
Notary Public
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KATHRYN A. CALLAHAN, I IN THE COURT OF COMMON PLEAS OF
Plaintiff s CUMBERLAND COUNTY, PENNSYLVANIA
t
V. r CIVIL ACTION - LAN
t IN DIVORCE
ROBERT P. CALLAHAN, t
Defendant 1 699-6469 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on October 28, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of 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 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.
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. 54904 relating to unsworn falsification to authorities.
Dated: 01 °Z U` d
Sworn and subscribed to
before met a ' day
of ML 20a
Q113A Ca k• M (V UDLU)
Notary Public
Kathryn A. Callahan, Plaintiff
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KATHRYN A. CALLAHAN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
t
V. t CIVIL ACTION - LAW
s IN DIVORCE
ROBERT P. CALLAHAN,
Dafendant : 099-6489 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE UNDER 9 3301 (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 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. S 4904 relating to unsworn falsification to authorities.
4M&V-\6, &AIJay?
Date: 3 as 00
Kathryn A. Callahan, Plaintiff
y
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KATHRYN A. CALLAHAN, t IN THE COURT OF COMMON PLEAS OF
Plaintiff r CUMBERLAND COUNTY, PENNSYLVANIA
t
V. t CIVIL ACTION - LAW
t IN DIVORCE
ROBERT P. CALLAHAN, r
Defendant s #99-6489 CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on October 28, 1999.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service of 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 understand that I may lose rights concerning alimony, division of
property, lawyers fees or expenses if I do not claim them before a
divorce is granted.
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../54904 relating to unsworn falsification to authorities.
Dated
Robert P. Callahan, Defendant
Sworn and subscribed to
befeme me is a7 day
f 2?-- NOTARLALSEAL
DAWN M. SH , Notary c
CerOsle, Cumbodaumborland County y
I /0 My Commission Expires Nov. 28, 2002
Notary Public
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KATHRYN A. CALLAHAN, I IN THE COURT OF COMMON PLEAS OF
Plaintiff a CUMBERLAND COUNTY, PENNSYLVANIA
c
V. t CIVIL ACTION - LAW
IN DIVORCE
ROBERT P. CALLAHAN,
Defendant : 599-6489 CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECR3E UNDER 5 3301 (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, lawyers 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. 5 4904 relating to unsworn falsification to authorities.
Date: _yJ ??_w K-.l/2_ ??
Robert P. Callahan, Defendant
c: