Loading...
HomeMy WebLinkAbout08-2379a Kelly Heasley, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Albert Stuart Heasley, Defendant : NO. 08- 3 7 q CIVIL TERM 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. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 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 or business before the court. You must attend the scheduled conference or hearing. Kelly Heasley, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Albert Stuart Heasley, Defendant : NO. 08- ;), ,? 71 CIVIL TERM DIVORCE COMPLAINT WITH EOUITABLE DISTRIBUTION COUNT The plaintiff, Kelly Heasley, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce and equitable distribution: COUNT ONE DIVORCE UNDER 23 Pa C.S. 03301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Kelly Heasley who currently resides at 643 Heritage Court Mechanicsburg, Cumberland County, PA 17050, since June 5, 2007. 2. Defendant is Albert Stuart Heasley, who currently resides at 424 North Jackson Street, Evans City, Butler County, PA 16033, since August 1, 2000. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania and the County of Cumberland for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 24, 1996, at Butler City, Butler County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since June 5, 2007. 6. There have been no prior actions for divorce or for 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. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 9. Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff and Defendant have acquired property during their marriage, including, but not limited to, a home located at 424 North Jackson Street, Evans City, Butler County, PA 16033. WHEREFORE, Plaintiff requests the court to enter a decree dividing the property equitably between the parties and such other relief as the court deems just. Respectfully Submitted, DATE ^ \ Michael Lightfoot Certified Legal Intern ?r ROBE T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Plaintiff (? Kelly Hea y C? C=) cx? C7 -771 .: _ co i < (, Kelly Heasley, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Albert Heasley Defendant NO. 08-13 4 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Kelly Heasley, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Res ect lly su itted, r C ? ?L ichael Lightfoot Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 c'- :,sue i -, T ii1 _^. i4.1 _ r?i? ' E- a Fri Kelly Heasley, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Albert Heasley, Defendant NO. 08 - 2379 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Lightfoot, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Albert Heasley, residing at 424 North Jackson Street, Evans City, PA 16033, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Albert Heasley, on the 24th day of April 2008 as evidenced by the attached green card and the postal certificate. Gr?, Michael Lightfo t Certified Legal Intern ?AA"' Megan Aiesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 JS Postal Service 5/102008 08:42 PAGE 001/001 Fax Server g2 UNI TED STATES POSTAL SERVICE.. Date: 0510112008 Fax Transmission To: LAURIE WOLF Fax Number: 717-243-3639 Dear: LAURIE WOLF: The following is in response to your 05101!2008 request for delivery information on your Certified item number 7005 0390 0003 2632 6970. The delivery record shows that this item was delivered on 04!2412008 at 06:59 AM in EVANS CITY, PA 16033. The scanned image of the recipient information is provided below. Signature of Recipient:,.. ?-° ?-- ru-? L'?J.......?.. Address of Recipient: ; i Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely United States Postal Service C - n ^ F z n (D -- t_. T r ? -c t t,A R item 4 If Reieldcoled D*4Wy k darIW ¦ Print your rwm and yan ft rrM o so t M we can Mum tM OWd to you. ¦ AftCh #6 Cad to the balk Af VW MM*6WA or an the tfott if epme pw" ta. 1. Ar ftb Add AnllM . to. 2. Article 11 Agert i x ",=+ Nto&?? I I I C. D.ft taa)ay Q to aMMw+lwwrt146 %m 19 G719r if ym rnw d S*bm b dow: 0 No -, ae"aed suer Q t?xpeea t liapisUred .,>ft Return Reoalpl for MwOiandlae O tmrsd Mall 0 C.O.D. 4. PA@UioW ODft Fee) Yes 7005 0390 0003 2632 6970 102595-02-M-1540 Kelly Heasley, Plaintiff V. Albert Heasley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 08 - 2379 CIVIL TERM PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION COUNT To the Prothonotary: Please withdraw Count II, Equitable Distribution, from the Divorce Complaint in the above- captioned matter. S /)/ I 0? Date 11) t / P I - MICHAEL LIGH OO Certified Legal Intern A1114-4Z ME 4N RIESMEYER ANNE MACDONALD-FOX Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 (? N _ ? Q c?a ?7 ? (;;; R'F ? r: ' 3?. ? ? ? f17 ?... iJ? ? ": 'C <:_ .? .,? #'7" , ., ? ?_ r sue.' ?? <?" . Kelly Heasley, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Albert Heasley, Defendant : NO. 08 - 2379 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on April 14, 2008. 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. §4904, relating to unworn falsification to authorities. Date T S - Kelly He ely, Plaintiff ? Fv (_ • 4X S? ZN .??, 6 ?': ? ? ? ? ? ? ? Kelly Heasley, Plaintiff V. Albert Heasley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 08 - 2379 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. §4904 relating to unsworn falsification to authorities. Date ?J Kelly Heasl Plaintiff t ? ?+v Z; -' Kelly Heasley, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Albert Heasley, Defendant NO. 08 - 2379 CIVIL TERM CERTIFICATE OF SERVICE I, Luke Smith, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Plaintiff s Affidavit of Consent and Waiver of Notice, Praecipe to Withdraw Equitable Distribution Count, Defendant's Affidavit of Consent and Waiver of Notice, and Praecipe to Transmit and Divorce Information Sheet on Albert Heasley by depositing the same in United States mail, this date, postage paid addressed as follows: 424 North Jackson Street, Evans City, PA 16033. 21) 2? Date uke mith Certified Legal Intern e >1 ? Anne ac onald-Fox, E Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C"'1 r`' - s --r:.? _ "a'3 f ?? ?? f ??? ? 4« .. '? Kelly Heasley, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW V. : IN DIVORCE AND CUSTODY Albert Heasley, Defendant : No. 08 - 2379 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Albert Heasley on April 24, 2008. 3. Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff- July 25, 2008; by defendant- Februaryl2, 2009. 4. Related claims pending: none 5. Date plaintiff s Waiver of Notice was filed with the Prothonotary: August 12, 2008. Date defendant's Waiver of Notice was filed with the Prothonotary: February 24, 2009. ? 2s a? Date Luke Smith Certified Legal Intern r--s "Ilalz?l - 0 ?, (?zv - Anne d-Fox, Esq. Supervisin Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff ? ? („7 ?. . . i ?? _ _ ? ?.?? ..?$ ??'-?i ??1 ?} ??? = 4 ?A f ?.} '? ?. Kelly Heasley, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA' V. CIVIL ACTION-LAW DIVORCE Albert Heasley, Defendant NO. 08 - 2379 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on April 14, 2008. 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. §4904, relating to unsworn falsification to authorities. Date _ Albert Heasley, Defendant ?. ?- r ...: ??? <? °T --s-? -? r;- _j ?„ €°ti h._-: "'i7 .; Y'? _` --? A • Kelly Heasley, Plaintiff V. Albert Heasley, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 08 - 2379 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. §4904 relating to unworn falsification to authorities. Date o'? ?y ???"' " ?1?.?? r Albert Heasley, Defend ce: - ?' } P o . Kelly Heasley V. Albert Heasley NO. 08 - 2379 DIVORCE DECREE AND NOW, f*&AA 3 , it is ordered and decreed that Kelly Heasley , plaintiff, and Albert Heasley , 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.") None the Court, Attest: J. Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ?`? --? ? ??. '' ?, .? `` ?? ..? ?j-??