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HomeMy WebLinkAbout03-5808KELLI M. SEIG, PLAINTIFF KENNETH J. SEIO, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Docket No. O3- 5r(O~ CIVIL ACTION -- LAW 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 1S 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, Lawyer Referral Service 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 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 of business before the Court. KELLI M. SEIG, PLAINTIFF KENNETH J. SEIG, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DocketNo. 03 -,~ff~:>~' CIVIL ACTION -- LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(¢) or 3301(d) OF THE DIVORCE CODE AND NOW, comes Plaintiff, Kelli M. Seig, by and through her attorney, Eric D. Patrick, Esquire, who files this Complaint in Divorce under Sections 3301(c) or 3301(d) of the Divorce Code, and who, in support thereof, avers as follows: 1. Plaintiff is Kelli M. Seig, who currently resides at 24 Wetherburn Rd. Enola, Cumberland County, Pennsylvania, 17025, since June of 1994. 2. Defendant is Kenneth J. Seig, who currently resides at 130 Amore St. Harrisburg, Dauphin County, Pennsylvania 17110, since November of 2002. 3. Plaintiff and Defendant have been bona fide residents 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 December 4, 1993 in Dauphin County, Pennsylvania. 5. The parties separated on February 3, 2003 and have been living separate and apart since then. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. 9. Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed fomes of the United States of America or its allies or is otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. WHEREFORE, if both parties file affidavits consenting to the divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce pursuant to 23 P.S. ~ 3301(c), or, in the alternative, pursuant to 23 P.S. § 3301(d). Res~~d, ERIC D. PATRICK, ESQUIRE PA SUPREME COURT ID NO. 86009 240 SOUTH 18m STREET P.O. BOX 444 CAMP HILL, PA 17011 (717) 737-2390 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that I have read the foregoing Complaint in Divorce and verify that the statements made therein are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unsworn falsification to authorities. Dated: KELLI M. SEIG, Plaintiff KENNETH J. SEIG, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : Docket No. 03-5808 Civil Term : : CiVIL ACTION -- LAW : IN DIVORCE AFFIDAVIT OF SERVICE Eric D. Patrick, Esquire, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above-captioned action; that on 11/19/03, he served a tree and correct copy of the Complaint in Divorce to the Defendant, that on 11/19/03, the Complaint was received by the Defendant as evidenced by attached Acceptance of Service form, with Defendant's signature affixed thereon; and that the facts set forth in the within Affidavit are tree and correct to the best of his information and belief.~]~ Eric D. Patrick, Esquire Sworrx to_and subscribed befare me this ~(.fi~ay of D0~[e~'~- , 2003. "~ ~)~tary Phblic 0 My Commission Expires: ~'~ ~'~¢ i Notarial Seal AI~ L. ~ghugars. Nolary Public ~maO Hill Boro, Cumberland County My Commission Expires Apr. 18, 21~lt~ ACCEPTANCE OF SERVICE AND NOW comes Kenneth J. Seig, who, pursuant to Pa.R.C.P. No. 402(b), states: I accept sexvice of the Complaint Under §3301(c) or, in the alternative 3301 (d) of the Divorce Code in the above captioned matter. Date: Kenneth J./S eig,~.D~te~ndant KELLI M. SEIG, PLAINTIFF V. KENNETH J. SEIG, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : DOCKET NO. 03-5808 CIVIL TERM : : CIVIL ACTION -- LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and Section 3301 (d) of the Divorce Code was filed on 11/4/03. 2. The manSage between plaintiff and defendant is irretrievably broken. 3. Defendant, Kenneth J. Seig was served a true and correct copy of the Complaint on 11/19/03. 4. Ninety days (90) have elapsed from the date of filing and service of the Complaint. 5. I consent to the entry of a final decree of divorce after s~rvice 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 unsworu falsification to authorities. Date: ~'/~ ~¥/~' Kelli M.'Seig KELLI M. SEIG, PLAINTIFF V. KENNETH J. SEIG, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-5808 CIVIL TERM CIVIL ACTION -- LAW IN DIVORCE PLAINTIFF'S 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, attorney's fees and expenses ifI 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: Keili M. ~ei~ KELLI M. SEIG, PLAINTIFF V. KENNETH J. SEIG, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : DOCKET NO. 03-5808 CIVIL TERM : : CIVIL ACTION -- LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) and Section 3301 (d) of the Divorce Code was filed on 11/4/03. 2. The marriage between plaintiff and defendant is irretrievably broken. 3. Defendant, Kenneth J. Seig was served a tree and correct copy of the Complaint on 11/19/03. 4. Ninety days (90) have elapsed from the date of filing and service of the Complaint. 5. I consent to the entry of a final decree of divorce after service ofnotice 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. Date: ~7~.~ 2_~~, 2.00~, KELLI M. SEIG, PLAINTIFF V. KENNETH J. SEIG, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 03-5808 CIVIL TERM : : CIVIL ACTION -- LAW : IN DIVORCE DEFENDANT'S 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, attorney's fees and expenses ifI 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: Kenneth J~ KELLI M. SEIG, PLAINTIFF V. KENNETH J. SEIG, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : DOCKET NO. 03-5808 CIVIL TERM : : CIVIL ACTION -- LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: 11/19/04, Defendant served in person. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the plaintiff on 2/25/04; by the defendant on 2/'25/04. 4. Related claims pending: None. 5. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 3/3/04. Datedefendant's Waiver of Notice in §3301(9~ DiVorce was filed with the Prothonotary: 3,3/04- Eric D. Patrick, Esquire Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~li~ PENNA. KELLI M. SEIG PLAINTIFF KENNETH J. SEIG DEFENDANT N o. o3-5808 DECREE IN DIVORCE AND NOW,__ DECREED THAT AND ~F~.LI M. SEIG KENNETH J. SEIG , ~_~6~ , IT IS ordered AND , PLAINTIFF, , 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;