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Home My WebLink About08-4677s ? Debra K. Bailey, Plaintiff V. Dale Richard Bailey Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO.08 - q(,,-?7 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. a -\ Debra K. Bailey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Dale Richard Bailey Jr., Defendant : NO. 08 - 5f ?? CIVIL TERM DIVORCE COMPLAINT The plaintiff, Debra K. Bailey, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa C S §43301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Debra K. Bailey, who currently resides at 310 North Baltimore Avenue Mount Holly Springs, PA 17065, Cumberland County, Pennsylvania 17065, since August 2001. 2 4 5. 6. 7. 8. Defendant is Dale Richard Bailey Jr., who currently resides at 21 East South Street Carlisle, Cumberland County, Pennsylvania 17013 since February 2008. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. Plaintiff and Defendant were married on April 24, 1993 in Cumberland County, Pennsylvania. Plaintiff and Defendant have lived separate and apart since January 1997. There have been no prior actions for divorce or for annulment between the parties. The marriage is irretrievably broken. 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. X?_ Nicole Berman Certified Legal Intern "& ROBE &T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney 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 unworn falsification to authorities. ?s Date f? Plaintiff ,?Zd. ?` , De ra K. Bailey Cl uA 3. Debra K. Bailey, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Dale Richard Bailey Jr., Defendant NO. 08-` 677 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Debra K Bailey, 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 C G Respectfully submitted, icole Berman Certified Legal Intern ROBEF,Y 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 .171 z C r? -z Debra K. Bailey : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Dale Richard Bailey Jr., Defendant : NO. 08 - 41617 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in January 1997, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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 A hRL i Debra. Bailey Plaintiff w-t r Cam 3 , f } 7? ? .. ? ``"" co Debra K. Bailey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Dale Richard Bailey, Defendant NO. 08 - 4677 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint and Plaintiff's Affidavit on Dale Richard Bailey, residing at 21 East South Street, Carlisle, Pennsylvania 17013, 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 Dale Richard Bailey, on the 8`h day of August 2008 as evidenced by the attached green card. Nicole Berman " Certified Legal Intern J Anne macpunald-Fox, Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ Complete Rams 1, 2, and 3. Also complete Rem 4 if Restricted Dsltmy is desired. ¦ Print you name and address on the reverse so that we can return the card to you. ¦ Attach this card to the beck of the maiipleco, or on the front N space permRs. t. Article Addressed to: -2 A.Anan X/ 13 Awd ?,L&x -e rl - Received by (printed Alsme) C. Date of Delivery D. Is dellmy address df nint from item 1? 0 Yes If YES, enter delivery address below. 0 No 3. ?Serv_ice""?Typ?e X r urtmsd Mall 0 Express MeA1 0 Registered Mistum Receipt for Merdwidbe 0 inured Mal 0 C.O.D. 4. Restricted Delivery? (Exrtre Fee) Wv" 2. Article Number MWM 7005 0390 0003 2 82 PS Form UtS , 1. Fabnjary 2004 Domestic Return Receipt 102595-02-M-15go t) rv Fri (.l :XJ "4w *mv hy t Debra K. Bailey, Plaintiff V. Dale Richard Bailey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 08 - 4677 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on August 4, 2008. Defendant was properly served with the Complaint on August 8, 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 /%0V De a K. Bailey, Taint' ?., ? C:C? C -?. ---! + b ' -T' . .. r (" ?,,} _ ':,,? a - ...>'t ?z ?s Debra K. Bailey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Dale Richard Bailey, Defendant NO. 08 - 4677 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $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, 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 d?S? y Debra K. Bailey, Plaintiff ?.? t? `?Y? fi't' .. s? c..;.: -? . '. ?, e ... r..!'x :? ? ?--, i Debra K. Bailey, Plaintiff V. Dale Richard Bailey, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 08 - 4677 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on August 4, 2008. Defendant was properly served with the Complaint on August 8, 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. 7 GF Date ? I Dale Richard Bailey, Defendant <'; h-') c-- u ? ? :?:? .-mot ? ?, _ ?;='-" .,.<, ,., c: t ,s:; __ _.,. .. ,; }.: „?; .?._ Debra K. Bailey, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Dale Richard Bailey, : Defendant NO. 08 - 4677 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 OF I? A, cL ?4i`?? Dale Richard Bailey, Defendant C'D _? r,ey v?9 Debra K. Bailey, Plaintiff V. Dale Richard Bailey Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE AND CUSTODY No. 08-4677 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 Dale Richard Bailey Jr. on August 8, 2008. 3. Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff- November 25, 2008; by defendant- November 7, 2008. 4. Related claims pending: none 2008. 5. Date plaintiffs Waiver of Notice was filed with the Prothonotary: November 25, Date defendant's Waiver of Notice was filed with the Prothonotary : November 25, 2008. Dat Nicole Berman Certified Legal Intern Anne onald-Fox, Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff t . -53 Debra Bailey V. Dale Richard Bailey Jr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-4677 DIVORCE DECREE I ?' /: 5-0e. M . AND NOW, 4"4,?rN'?t 31 joo8 , it is ordered and decreed that Debra Bailey plaintiff, and Dale Richard Bailey Jr. , 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 Attest: J. r onotary ??? ? ? r ?'? ?'0 ? - L°r .? ?'? ,. . t ?? ??,