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HomeMy WebLinkAbout08-3555CORRIE A. DUKES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW VS. :NUMBER C DAVID A. KESNER, Defendant 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 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, PA. 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 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 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 CORRIE A. DUKES, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. --- ss r ( ?-?. ` NUMBER n F- 3 DAVID A. KESNER, Defendant IN DIVORCE COMPLAINT UNDER 93301 OF THE DIVORCE CODE 1. Plaintiff is CORRIE A. DUKES currently residing at 20 Queen Avenue, Enola County of Cumberland, Pennsylvania, 17025, since January, 2000. 2. Defendant is DAVID A. KESNER currently residing at 132 Second Street, West Fairview, County of Cumberland, Pennsylvania, 17025, since April, 2008. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on October 20, 2002, in Harrisburg, County of Dauphin, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The 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. COUNT I REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(b) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive as defined by §3301(a)(b) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER 93301(c) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. 14. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301(c) of the Divorce Code. COUNT III REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. The marriage of the Parties is irretrievably broken. 17. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in §3301(d) of the Divorce Code. COUNT IV REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER $3323, 93501, §3502, §3503, OF THE DIVORCE CODE 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. Plaintiff and Defendant are the owners of the following real estate in the Commonwealth of Pennsylvania: 20. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors, including the respective incomes of the parties. WHEREFORE, Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Sections 3323, 3501, 3502 and 3503 of the Divorce Code. COUNT V REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER 33502(d) OF THE DIVORCE CODE 21. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 22. During the course of the marriage, Defendant has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 23. Pursuant to Section 3502(d), Plaintiff requests Defendant be directed to continue maintenance of said policies. WHEREFORE, Plaintiff respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Defendant to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT VI REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER §3701, §3702, and §3704 OF THE DIVORCE CODE 24. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 25. Plaintiff is unable to sustain herself during the course of litigation. 26. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate full-time employment. 27. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to §3704 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT VII REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER §3702 OF THE DIVORCE CODE 28. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 29. Plaintiff intents to retain legal counsel to represent her in this matrimonial cause. 30. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 0 31. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 32. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to §3702 of the Divorce Code, the Court enter an order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. COUNT VIII REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE UNDER §3104 OF THE DIVORCE CODE 39. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 40. The public policy of the commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 41. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matter with Defendant. 42. To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the Parties prior to the time of hearing on this Complaint, Plaintiff respectfully requests that, pursuant to §3104 of the Divorce Code, the Court approve and incorporate such agreement in the final divorce decree. Respectfully submitted: CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN I verify that the statements in the foregoing Complaint 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. DAT 5, J ! -? rYl F r ?. U °N\ C C:= co w W _.[7 CORRIE A. DUKES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW : NUMBER: 08-3555 CIVIL TERM DAVID A. KESNER, Defendant : IN DIVORCE PRAECIPE Please reinstate Plaintiffs Complaint in Divorce filed on June 13, 2008. 09/29Z2007 'f"d4 DATE CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff C`? ? i?? C ? '? -?- C ? . ?a " ? ; ?. G . ,? tV ? <? l ` l fi ? ,? .. s-= ? ?'? ? ? v ? y ?d ?.?-? A ? }j ' ` 4¢? ? l d •/ w V r SHERIFF'S RETURN - REGULAR CASE NO: 2008-03555 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND DUKES CORRIE A VS KESNER DAVID A ROBERT BITNER Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon KESNER DAVID A DEFENDANT , at 1615:00 HOURS, on the 21st day of October , 2008 at CUMBERLAND COUNTY PRISON 1101 CLAREMONT ROAD CARLISLE, PA 17013 DAVID KESNER a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff or Deputy Sheriff of the by handing to Sheriff's Costs: Docketing Service Postage Surcharge jn/j.f /or (4-,,, 18.00 5.00 .59 10.00 .00 So Answers: ,/ 33.59 Sworn and Subscibed to before me this day of , R. Thomas Kline 10/22/2008 CHARLES PETRIE By.?/? 4--? 4 1 Deputy Shed A.D. oavid D. Bueff Prothonotary 2qrkS. Sohonage, ESQ Socicitor &nee X Simpson 15` Deputy Prothonotary Irene E. 911 orrow 2nd Deputy Prothonotary Office of the Prothonotary Cumberfand County, Tennsykania io _ 3s5s CIVILTERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 25TH DAY OF OCTOBER, 2011, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P 230.2 BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisfe, TA 17013 • (717 240-6195 9 Fa.X (717 240-6573