The URL can be used to link to this page

Home My WebLink About04-0812 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA KELLYN. COOK, vs. No. 0'-1- 'if). Civil Term DANIEL 1.. COOK, ACTION IN DIVORCE Defendant 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA KELLYN. COOK, vs. No. Civil Term DANIEL 1.. COOK, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Kelly N. Cook, a competent adult individual, who has resided at 402 Mohawk Road, Newville, Cumberland County, Pennsylvania, 17241 since October 2003. 2. Defendant is Daniell.. Cook, a competent adult individual, who is currently at Dallas SCI, 1000 Follies Road, Dallas, Pennsylvania, 18612-0286. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 25, 2002 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. 94904 relating to unsworn falsification to authorities. :!!l~~,P~ Respectfully submitted, Date:8/ 0~ loti J e Adams, EsqUire .D. No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ , , <: , . I ~ '-.\ , .~ .~ '\:\ '-"', '\"'. " ,.;) <> ...... \i.' -.\ ,~.1 \. ~~ ...; ,<\~ '~ ~ ~ ,\ \8'../"~ f__, , 'j -'-J , C": ,:; '-..'l r.) ( .J Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA KELLYN. COOK, vs. : No. 04 - 812 Civil Term DANIEL L. COOK, : ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this March 11, 2004, I, Jane Adams, Esquire, hereby certify that on or about February 27,2004, a certified true copy of the NOTICE TO DEFEND and COMPLAINT IN DIVORCE was served, via certified mail, return receipt requested, addressed to: Daniel L. Cook Dallas SCI 1000 Follies Road Dallas, Pa. 18612-0286 DEFENDANT U an Adams, Esquire I.D No. 79465 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF o s: .-> c;.~ = .:- ::!J: ~ o ..,., -\ .'r-n mr:;:; '"06 "0 b ~--l~i ::I:-n b- -7r) Oln :.::; ~~:! -<.. -0 :J;: <:-? o N ,. r~rR'j~')~f,[:'t'IT;1S~~:gJJ1,,',/r<~,;rl(b(l'>=... SENDER: COMPLETE THIS SECTION · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ArtIcle Addressed to: QaM} " '~D ~ DiA. !t CI <;. bC-:C- \'000 fof('1 ~ ~o! \JoJA~ I PA l'blold -{);},Yllo 2. Article Number (Transfer from S&1V/ce IabeQ I PS Form 3811. August 2001 COMPLETE THIS SECTION ON DELIVERY 3. Service Type . Certified Mail Cl Express Mall Cl Registered 0 Return Receipt for Merchandise o Insured Mall Cl C.O.D. 4. Restricted Delivery? (Extra Fee) Cl Yes, 7003 1010 0004 7818 7258 Domestic Return Receipt 10259S.Q2-M-1540 u.",""",_~s~" t:~",'rJIII r..,LJ;It....""",. , Flrsl-'Class,Malt--..,~ I Postage & Fees Paid I 'USPS' " Permit No. G-10 .. ...,.-- . Sender: Please print yo~na\1liEl. Jljd'ess, and ZIP"'4in this box. ..-" , '\. 'S 1",III",III",,,.Il,,II,,,II,,,II,I,I,I,I,I.I,,I,I,,I,,I,1 - -..-- Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLY N. COOK, vs. No. 04 - 812 Civil Term DANIEL L. COOK, ACTION IN DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on October i~003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses ifI 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. S4904 relating to unsworn falsification to authorities. Date:~ ;.....-,~ (:: ,. . KELLY N. COOK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 812 Civil Term DANIEL L. COOK, ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE AND NOW, this October 27,2005, I, Jane Adams, Esquire, hereby certify that on October 20,2005, a certified true copy of the AFFIDAVIT OF SEPARATION was served, via certified mail, restricted delivery, return receipt requested, addressed to: Daniel Cook - Legal Mail Dallas SCIU, Inmate #EB9897 1000 Follies Rd. Dallas, Pa. 18612-0286 DEFENDANT SENDER: COMPLETE THIS SECTiON . . . . . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery 1s desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. A Signature x o Agent o Addressee C. Date of Delivery Daniel Cook - Leqal ~ail Dallas SCIU. I3mate ~E39J9 100D Follies 5td. Dallas, PA 13612-0286 o Express Mai,l o Ret~m Receipt for MerchandIse O"C.q.D. 1. Article Addressed to: Dyes 2. Article Number (Transfer from service/abe!) 7004 1350 0003 7288 4875 PS Form 3811, February 2004 Domestic Return Receipt Respectfully Submitted: ~'4~ ~ I e Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 1 02595-Q2-M-1540 .~.1 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLY N. COOK, VS. No. 04 - 812 Civil Term DANIEL L. COOK, ACTION IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Defendant (Plaintift)(Defendant) moves this Court to appoint a master with respect to the following claims: <>Q Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite 00 Distribution of Property ( ) Support ( ) Counsel fees ( ) Costs and Expenses and in support of the motion states: (I) Discovery is complete as to the claim(s) for which the appointment of a master is requested. (2) The Defendant is PRO SE. (3) The statutory ground(s) for divorce is 3301 (d). (4) Delete the inapplicable paragraph(s): (a) TI,~ a.,t;vu is not contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues oflaw or fact. (6) The hearing is expected to take one half day. (7) Additional information, if any, relevant to the motion: Date: 10 .~/ - 0 ~ ORDER APPOINTING MASTER AND NOW, this following claims: ,2005, Robert Elicker, Esquire, is appointed Master with respect to the BY THE COURT: J. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLYN. COOK, vs. No. 04 - 812 Civil Term DANIEL 1.. COOK, ACTION IN DIVORCE Defendant PETITION FOR ECONOMIC RELIEF AND NOW comes, Kelly N. Shenk, formerly known as Kelly N. Cook, by and through her attorney, Jane Adams, Esquire, and makes the following Petition for Economic Relief against the respondent, Daniell.. Cook, as follows: COUNT I - EOUlTABLE DISTRIBUTION OF PROPERTY 1. Petitioner is Kelly N. Shenk, who is the Plaintiff in a divorce action filed under the above-captioned number. Her address is 714 W. Louther St., Carlisle, Pa. 17013. 2. Respondent is Daniell.. Cook, who is currently incarcerated as SCI Dallas, in Dallas, Pennsylvania. 3. The parties were married on May 25, 2002. 4. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each ofthe parties hereto. 5. During the course of the marriage, the parties incurred numerous debts. 6. Plaintiff and Defendant have been unable to agree as to an equitable division of said marital property and debts. 7. Plaintiff is seeking an equitable division of all marital property. WHEREFORE, Petitioner prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. 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. .~ 1/ Slwl Respectfully submitted, Date: {O!,?/ (D~ J e Adams, Esquire . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 4Q.. 0 ~ ( ';- ~ 7"t . \) C> - ~ - -:0 \) Q f W UJ ~ [;J :p -/.- .~ Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLYN. COOK, vs. No. 04 - 812 Civil Term DANIEL L. COOK, ACTION IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Defendant (Plaintiff)(Defendant) moves this Court to appoint a master with respect to the following claims: ()<j Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite 0() Distribution of Property ( ) Support ( ) Counsel fees ( ) Costs and Expenses and in support of the motion states: (I) Discovery is complete as to the claim(s) for which the appointment ofa master is requested. (2) The Defendant is PRO SE. (3) The statutory ground(s) for divorce is 3301 (d). (4) Delete the inapplicable paragraph(s): (a) 11.e a~lio" ib "(It contested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues oflaw or fact. (6) The hearing is expected to take one half day. (7) Additional infonnation, if any, relevant to the motion: Date: {O .?';> 1- 0 ....;- ORDER APPOINTING MASTER fef' ~ . AND NOW,. ~is t {(4:i11i..n"4~005, Robert Elicker, Esquire, is ap~~d Master with respect to the followmg claIms: . L '. .~. O( /./ J. -~ z: '.& ~- uJq gtS \3:-~ Q'Q 0.'" fi;jP- rr:.";'t \-"" '6 <1" IP if> .,;. 0..- -- \ "f; ~ ~ ~ x~ ",-. ~.,0 ~..,,---' L------- ,.> ~ ':7- ?4." O~ ',).:...- 0,-'--::1 , ~;l.?;: ?,O .')k ;S:tb ~o.. ~ 6 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLY N. COOK, VS. No. 04 - 812 Civil Term DANIEL L COOK, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT l. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 25, 2004, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: '3(3/ to 1 lly . henk, fonnerly known as Kelly N. Cook, Plaintiff WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330H.) AND &330Hd) OF THE DIVORCE CODE I. I consent to entry of a fmal 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: ?/3/C ',::' ,'! \~. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA KELLYN. COOK, vs. No. 04 - 812 Civil Term DANIEL L. COOK, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) ofthe Divorce Code was filed on February 25, 2004, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: :3 (3! b j)t1We~ eorI( Daniel L. Cook, Defendant WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 6330H.) AND 6330Hd) OF THE DIVORCE CODE I. I consent to entry of a fmal 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: 3!3/~ j)Q1JiJ) c(J()f, Daniel L. Cook, Defendant ~~ "' ,", L .,\ KELLYN. COOK, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 04 - 812 Civil Term DANIEL L. COOK, ACTION IN DIVORCE Defendant STIPULATION TO BIFURCATE DIVORCE It is hereby stipulated by and between the Plaintiff, Kelly N. Cook, now known as Kelly N, Shenk, and her attorney, Jane Adams, Esquire, and the Defendant, Daniel L. Cook who is preoceeding Pro Se as follows: 1. Plaintiff/Wife is Kelly N. Shenk, and DefendantlHusband is Daniel L. Cook. 2. The parties were married on May 25,2002 and were separated in October 2003. 2004. 3. A Complaint in Divorce was filed under the above-captioned number on February 25, 4. On October 31, 2005, Plaintiff filed a Petition for Economic Relief which included a count for equitable distribution. 5. The parties have executed Affidavits of Consent and Waivers of Notice, which are to be filed contemporaneously with this Stipulation. 6. The parties have numerous economic issues to resolve including issues regarding marital debt, which may take a considerable amount oftime to resolve. 7, Defendant currently has no income and it is not anticipated that he will be working until November 2006; it would be very difficult to resolve the economic issues between the parties until Defendant is employed. ~ 8. This matter was filed approximately two years ago and the parties desire to be divorced. 9. Entry of a Divorce Decree, prior to the resolution of the pending economic issues, would not prejudice either party. 10. The parties hereby stipulate and agree that the above-captioned matter should be bifurcated in order that a Divorce Decree may be entered pending resolution of the economic issues between the parties. WITNESS: \"1 .. ffJ)Ck enk, Wife K 9cnvJ Ct;rJ/G Daniel L. Cook Husband Witness c.... ,-~,-) Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA KELLY N. COOK, vs. : No. 04 - 812 Civil Term DAN1EL 1.. COOK, : ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under S330!(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, return-receipt requested, on: February 27,2004. 3, Date of execution of the affidavit of consent required by 3301( c) ofthe Divorce Code: By Plaintiff: March 3, 2006. By Defendant: March 3, 2006. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: March 3, 2006. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: March 3, 2006. Date: '3 . I \0 . LJ Respectfully Sub~tted: . 0.a~ Adams, Esquire . No. 79465 64 S, Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff (') "'" = 0 c c...-, -n <. cro -ni:Zi :% .... mfll ".. :c n1:!J Z"." ::0 r ?.:-- -om (j) 0"> ~'? ::! .. ;.; ""~' 'H -~j~;:< ..", '-:5 -J'~. :"':':::',-- ~" "J> <~'. cj?f1 .-~{ .t_ :J:: ::< ',) :en 0 .< J . ~ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA KELLYN. COOK, vs. : No, 04 - 812 Civil Term DANIEL 1. COOK, : ACTION IN DIVORCE Defendant ORDER AND NOW, this \ t> '\\.. day of 1'\ g.'" t.\-. , 2006, upon consideration of the attached stipulation signed by the parties, it is hereby ORDERED and DECREED that the above-captioned matter is bifurcated and Plaintiff may proceed to file all documents pursuant to requesting a final Decree in Divorce. ~:-\.. \. d0 J. \ cc: ~e Adams, Esquire vD~el 1. Cook, Defendant .' ': 01 " ,," " " " " " " " " " " " . . " . " " . " " " . " " " " " " " " " " " " " " " " " " . " " . . " . . . . . . " . . . . . . . . . . " . " . " . " . . " . . . . . . . . " . ~~~ ~ ~ ~ ~ ~~ ~~ ~+~~ ~++ '+ ~++~++ ++++++ ++++~++~ . IN THE COURT OF COMMON PLEAS ; OF CUMBERLAND COUNTY STATE OF PEN NA. Kelly N, Cook, Plaintiff No, 2004 - 812 Civil Term No. VERSUS DanielL. Cook, Defendant DECREE IN DIVORCE AND NOW, t\\\~c.\\ 1\ , J.occ." IT IS ORDERED AND DECREED THAT KellyN. Cook , PLAINTIFF, Daniell.. Cook AND , 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; This matter was bifurcated pursuant to an Order of Court dated March 10, 2006; AU economic claims are preserved and shall remain open. . . . . " " '+ ++ +++ + ++++++++ +++ BY THE COURT: ~\ -L ~~ ATTEST: . . . " " . . " . " . 'n ,: PROTHONOTARY +'1'++ :+: +;1''1'+++++ . . . " . " . . . " " . . . . . . . . . . . . + . " + . . + . + . + . " . " . " . " . . . " . . . " . " . " . . " . . " . " " " " . . . . . . " . J. . " . . . . " . . . . " . " +:.: '+' ",+ . ~? % r"f'FP71/ ~Ji "7[,7~:c:. f' 0""o/?7 fin., ;Z /p,m;' ~6{J.. p7) 1<:;/ . ~e .~~