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HomeMy WebLinkAbout03-5324ROSE R. KESSLER, Plaintiff Vo FREDERICK E. KESSLER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : NO. 2003- ~.~t CIVIL TERM _. : 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 will proceed without you and a decree in divorce or annulment may 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 or 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 at the First Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 ROSE R. KESSLER, Plaintiff Vo FREDERICK E. KESSLER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003- .5'3~ CIVIL : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C} OR 3301 (D} OF THE DIVORCE CODE AND NOW comes Rose R. Kessler, plaintiff herein, by and through her attorney, Jacqueline M. Vemey, Esquire, and represents the following: 1. Plaintiff is Rose R. Kessler, an adult individual, currently residing at 341 Bellaire Park Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Frederick E. Kessler, Jr., an adult individual, currently residing at 341 Bellaire Park Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiffand Defendant were married on December 6, 1997 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. This marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. Respectfully submitted, 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaimiff VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ROSE R. KESSLER, Plaintiff FREDERICK E. KESSLER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW 2003- b~2~/ CIVIL TERM NO. : : IN DIVORCE ACCEPTANCE OFSERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of defendant or am the defendant in the above captioned matter. l~)efendant or atithorized agent (// ' Address ROSE R. KESSLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : FREDERICK E. KESSLER, JR., : NO. 2003-5324 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 8, 2003, with an Acceptance of Service by Defendant on October 16, 2003. 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. 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. section 4904, relating to unswom falsification to authorities. ROSE R. KESSLER, Plaintiff V. FREDERICK E. KESSLER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003-5324 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. section 4904 relating to unsworn falsification to authorities. Date: ~. ~, 20t~/ Frederick E. Kessler, Jr., Defeq~tnt ROSE R. KESSLER, Plaintiff FREDERICK E. KESSLER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003-5324 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 8, 2003, with an Acceptance of Service by Defendant on October 16, 2003. 2. (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of 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, section 4904, relating to unsworn falsification to authorities. Rose R. Kessler, ~lalntiff The marriage of Plaintiff and Defendant is irretrievably broken and ninety ROSE R. KESSLER, Plaintiff V. FREDERICK E. KESSLER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003-5324 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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. section 4904 relating to unsworn falsification to authorities. Rose R. Kessler/Plaintiff ROSE R. KESSLER, Plaintiff FREDERICK E. KESSLER, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 2003-5324 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry ora divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 330l (c), 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and maturer of service of the Complaint: Acceptance of Service, made on October 16, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by plaintiff February 12, 2004; by defendant February 6~ 2004. (b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: ; (2) Date of filing m~d service of the plaintiff's affidavit upon the defendant 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached Date plaintiff's Waiver of Notice in sec. 3301 (c) Divorce was flied with the Prothonotary: February 13, 2004. Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: February 9~ 2004. 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~.. PENNA. ROSE R. KESSLER, Plaintiff NO. 2003-5324 CIVIL TERM VERSUS FREDERICK E. KESSLER, JR., Defendant DECREE IN DIVORCE AND NOW, ~,~A~q DECREED THAT Rose R. Kessler AND Frederick E. Kessler, Jr. , ~f~/, IT IS ORDERED AND __, PLA] NTIFF, , 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; The parties' Marriage Settlement Agreement dated Novemb~ 7~ 2003 is incorporate herein and the Court has jurisdiction ov~ no oth~claims. PROTHONOTARY