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Home My WebLink About08-0587i v CLEMENTE MUELLER, P.A. ATTORNEYS AT LAW A PROFESSIONAL CORPORATION 218 Ridgedale Avenue Post Office Box 1296 Morristown, New Jersey 07962-1296 (973) 455-8008 Attorneys for Michelle M. McCoy Our File No. MJC 7154 MICHELLE M. McCOY, Plaintiff V. DAVID B. McCOY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 5 8,7 0,ivi) Tw-m CIVIL ACTION IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE AND NOW, comes Michelle M. McCoy, by and through her attorneys, CLEMENTE MUELLER, requesting a divorce decree, and in support thereof, avers as follows: 1. Plaintiff Michelle M. McCoy is an adult individual who currently resides at 622 Woodland Avenue, Mt. Holly Springs, Pennsylvania, since December 1998. 2. Defendant David B. McCoy is an adult individual who currently resides at 930 Sandbank Road, Mt. Holly Springs, Pennsylvania 17065. 3. Both parties have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The parties were married on August 23, 2003. 5. There have been no prior actions of divorce or for annulment between the parties 6. The marriage is irretrievably broken. Moreover, the parties consent to divorce. 7. The parties have 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. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff Michelle M. McCoy asks this Court to enter a divorce decree. Respectfully Sub 'tte , Michael J. Collins PA ID. 200427 January 23, 2008 t VERIFICATION 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. § 4904, relating to unsworn falsification to authorities. Dated: January 23, 2008 Micelle M. McCoy W 00 c .,_ --a - O .O 00 -- - ? O MICHELLE M. McCOY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DAVID B. McCOY, NO. 08-587 CIVIL TERM Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, David B. McCoy, acknowledge that I received a copy of Plaintiff's Complaint in Divorce in the above captioned action on February 2, 2008. DAVID B. McCOY ?I Y t ??t ? i ' ?. Z?? .. 4 „ ,;???? .L?. ?;,_ t ., MICHELLE M. MCCOY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DAVID B. McCOY, NO. 08-587 CIVIL TERM Defendant IN DIVORCE AMDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on January 28, 2009, and served on February 2, 2008, as indicated in Acceptance of Service. 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 THE FOREGOING 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: I (AD) MIC LE M. McCOY, Plaintiff ,CRY T THE 2009 QCT U Psi 2= 12 cuv::'' ` MICHELLE M. McCOY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW DAVID B. McCOY, NO. 08-587 CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING 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: CA I-) i ( f"n I BA& I k I i - 2) - MI H E M. McCOY, Plaintiff 2 D9 0 22 F"! ?-' t A } ???? 1 1 tM 41 A y ti!4 L «1 MICHELLE M. MCCOY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION -LAW DAVID B. McCOY, : NO. 08-587 CIVIL TERM Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING 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: CJ°' 1-?, C. DAVID B. McCOY, Defendant F, I.D -ARY 2' 63 0C 12 2 F i ?` ' ; .: c' MICHELLE M. McCOY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION -LAW DAVID B. McCOY, NO. 08-587 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on January 28, 2009, and served on February 2, 2008, as indicated in Acceptance of Service. 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 THE FOREGOING 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: 10 - tg - ;Lw? ('3,-1 `? . Al ??n DAVID B. McCOY, Defendant " r . f V E.i Z ! { d 1 C UN; C U MICHELLE M. McCOY, Plaintiff V. DAVID B. McCOY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-587 CIVIL TERM 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 §3301(c) (Strike out inapplicable section). 2. Date and manner of service of the Complaint: February 2, 2008, as indicated in Acceptance of Service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: October 17, 2009 by Defendant: October 19, 2009 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: October 22, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: October 22, 2009 Yri e, Esquire ASSOCIATES Plaintiff FLED-OFFICE OF THE PE?OTI flTARY 2009 OCT 28 Pty 1: 5 7 PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF MICHELLE M. McCOY CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID B. McCOY : NO 2008-587 CIVIL TERM DIVORCE DECREE AND NOW, t &%4t "e* ?J ,16(3g J t is ordered and decreed that MICHELLE M. McCOY plaintiff, and DAVID B. McCOY , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (if no claims remain indicate "None.") The parties' Property Settlement Agreement, dated August 5, 2009, is incorporated herein, but not merged. By the Court, ?\ -? - ?a\ Attest: J. 0JLfM Prot onotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE M. McCOY, Plaintiff vs. :CIVIL ACTION -LAW - a , DAVID B McCOY N0 08 587 CIVIL TERM . , . - ..~ Defendant IN DIVORCE ~~' r NOTICE TO RESUME PRIOR SURNAME ~ ~ ~l ... ~p.f S __ .rc ; Notice is hereby given that the Plaintiff in the above matter, [select o~ ~by~ marking "X"] prior to the entry of a Final Decree in Divorce, or X_ after the entry of a Final Decree in Divorce dated November 3, 2009, hereby elects to resume the prior surname of MICHELLE LEEANN WINTERS, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. DATE: ~ ~- MI LLE WINTERS McCOY ~(~ ~ti~ ~ MIC LLE LEE N WINTERS COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On this, the ~ ~' day of f~(~,~ , 2010, before me the undersigned officer, personally appeared M_ich`elle Winters McCoy, now known as Michelle Leeann Winters, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. r ,r y~ Notary Publi 'Notary Pub11c ~N, cun~awao eouMV ~~~ ~~~, ~~ ~~ ~'/vi~~i' C COT111hs10n Expires Apr 17, 2011 ' /