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HomeMy WebLinkAbout01-6889KELLY I. INGRAHAM, Plaintiff VS. DAVID P. INGRAHAM, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :NO. 2001- L.~'~/ CIVIL : 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 (717) 249-3166 KELLY I. INGRAHAM, Plaintiff VS. DAVID P. INGRAHAM, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW · NO. 2001- : IN DIVORCE CIVIL COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Kelly I. Ingraham, an adult individual who currently resides at 107 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is David P. Ingrahahm, an adult individual who currently resides at 117 North Duke Street, York, York County, Pennsylvania 17405. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 2, 2000, in Cumberland County, Pennsylvania. COUNT I - DIVORCE UNDER SECTIONS 3301 (a)6, 3301 (c) AND 3301(d) OF THE DIVORCE CODE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. broken. 9. Plaintiff avers that the marriage between the parties is irretrievably The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 10. The Plaintiff avers that the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II- CUSTODY 11. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 12. The Plaintiff is Kelly I. Ingraham, an adult individual residing at 107 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. 13. The Defendant is David P. Ingraham, an adult individual residing at 117 North Duke Street, York, York County, Pennsylvania 17405. 14. Plaintiff seeks custody of Amelia Nicolette Ingraham, born November 24, 2000. Amelia was born while the parties were married. The child is presently in the custody of Plaintiff at 107 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. During the past five years, the child has resided with the following aersons at the following addresses: Persons Kelly I. Ingraham David P. Ingraham Kelly I. Ingraham Amelia G. Giambilis Nicholas J. Giambilis Kelly I. Ingraham Residences 160 South Pitt Street Carlisle, PA 17013 7 Graham Road Newville, PA 17241 107 North East Street Carlisle, PA 17013 Dates birth to March 10, 2001 March 10, 2001 to August, 2001 August, 2001 to present (Father moved in for a few weeks but left the home in mid- September, 2001. The natural father of the child is David P. Ingraham, currently residing at 117 North Duke Street, York, York County, Pennsylvania 17405. He is married to the Plaintiff. The natural mother of the child is Kelly I. Ingraham, currently residing at 107 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. She is married to the Defendant. 15. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Names Amelia Nicolette Ingraham Relationship Daughter 16. The relationship of the Defendant to the children is that of natural father. The defendant currently resides with his mother. 17. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the children in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 18. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary legal and physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER Robert L. O'Brien, Esquire Attorney for Plaintiff I.D. # 28351 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 rlo.dir/domesticlingraham.com VERIFICATION I verify that the statements made 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. § 4904, relating to unsworn falsification to authorities. y I. lng In the Court of Common Pleas of Cumberland County, Pennsylvania Civil. To ~--"° ~r ~'~'~ Prothonotary Attorney for Plaintiff No. Term, 19 Filed PRAECIPE 19 , Atty. SHERIFF'S RETURN CASE NO: 2001-06889 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INGRAHAM KELLY I VS INGRAHAM DAVID P - OUT OF COUNTY R. Thomas Kline duly sworn according to law, and inquiry for the within named DEFENDANT INGRAHAM DAVID P but was unable to locate Him deputized the sheriff of YORK , Sheriff or Deputy Sheriff who being says, that he made a diligent search and to wit: in his bailiwick. County, serve the within COMPLAINT - DIVORCE He therefore Pennsylvania, to On January 10th , 2002 , this office was in receipt of the attached return from YORK Sheriff's Costs: Docketing Out of County Surcharge Dep York Co 18.00 9.00 10.00 18.84 .00 55.84 0 /10/2002 OBRIEN BARIC So answer~. /~~ 3~ R. Thomas Kline Sheriff of Cumberland County SCHERER Sworn and subscribed to before me this ;l~-~- day of ~__ 2~2~ A.D. f ; Prothonotary! 3 COUNTY OF YORK OFFICE OF THE SHERIFF 28 EAST MARKET ST., YORK, PA 17401 SHERIFF SERVICE PROCESS RECEIPT and AFFIDAVIT OF RETURN 1. PLAINTIFF/S/ Kelly Kelly I. In~raham 3. DEFENOANTIS/ SERVlCE CALL (717) 771-9601 SERVE AT 7. INDICATE SERVICE: 12 cS~"-T6~E%ivi1 David P. Ingraha-n 5. N~E OF IND~IDUAL, COMPANY, CORPO~TION, ETC. TO SERVE OR DESCRIPTION OF PROPER~ TO BE LEVIED, A~ACHED, OR SOLD. ~vid P. In~ 117 North Duke Street York, PA 17405 ~1 PERSONAL ~1 PERSON IN CHARGE X~3 DEPUTIZE C%~,n~[[I~.~d ~ fST CLASS MA~L ~ POSI~ED C~ OTHER December 19 ,2001 I, SHERIFF (~-~';~II~'-~OUNTY, PA, do hereby deputize the sheriff of NOW York COUNTY to execut~ ~nake return t. hg,~e3;~ according to law. This deputization being made at the request and risk of the plaintiE ~ -J~'?-~.c?' - -- - SHERIFF ~r~ 8. SPECIAL INSTRUCTIONS OR OTHER INFORMATION THAT WILL ASSIST IN EXPEDITING SERVICE: C[~berland ADVANCED FEE PAID BY SNERIFF OUT OF COUNTY CUMBERLAND NOTE: ONLy APPUCABLE ON WRIT OF EXECUTION: N.B, WAIVER OF WATCHMAN - Any deputy sheriff levying upon or attaching any properly under within writ may leave same ~ a watchman, in custody of whomever is found in possession, after notifying person of levy or attachment, without liability on the port of such deputy or the sheriff to any plaintiff herein for any loss, destruction, or removal of any property before sheriff's sale thereof. 9. TYPE NAME and ADDRESS of AI-rORNEY / ORIGINATOR and SIGNATURE 10. TELEPHONE NUMBER 11. DATE FILED O'BRIEN, BARIC & SCHERER 17 W. SOUTH ST. CARLISLE, PA 17013 249-6873 12-5-01 12. SEND NOTICE OF SERVICE COPY TO NAME AND ADDRESS BELOW: {This area must be cOmpleted if notice is to be mailed). CUMBERLAND CO. SHERIFF 13. I acknowledge receipt of the writ Of compaint as indicatod above~ R. AHRENS 16. HOWSERVED: PERSONAL( ) RESIDENCE( ) POSTED( ) POE( ) SHERIFF'SOFFICE( ) OTHER( ) SEE REMARKS I~ELOW t7. ]~ I I~eby certify and return a NOT FOUND because I am unable to locate the individual, company, etc. named above. (See ,=i,~,ka beh3w.) 18. t;A-%~C-ANDTITLE~F~NDIv~DUALSERvED~L~STADDRESSHERE~FN~TSH~WNAB~VE(Reteti~nshipt~Detendant) I 19. Dats of Service 20. TimeofServi~e 21.ATrEMPTS Date Tie HUes n te ' Mi s Date Time Miles Int. Date 33me Miles Int. Date Time Miles Int. ' ' NOT KNOWN AT ADDRESS GIVe. ~ 23. *~dvance COsts 124. Service Costs [ 25. N/F 26. Mileage 27 Postagel 2a. Sub Tote 129. Pound 30 "otely 131. Surchg 132. T~. Costs 33. Costs Due ~late~rCheck ,q 75.00 I 9.00 15.00l 2.84 I [ 16.84 [ 12.00 I ]18.84 [ 56.16 -[IE~'F/~ 'F c:,:oueo.:etun L, .,~ Ci~./;?~York, ~ ~, . '1-7-02 ~m D ISSUING AUTHORI~ AND TCL~ ~ 51 DATE RECEIVED 1. V~HITE. Issuing Authority 2. PINK - Attorney 3. CANARY - Shedffs ofr~ce 4. BLUE - Sheriffs Office VS. NO. In the Court of Common Pleas of Cumberland County, Pennsylvania Prothonotary Attorney for Plaintiff FII.EP.,~3~¥IOE OF T!-tE F'~O~'FE)NOTARY 02' J~N 22 AH lO: 19 CU,'~BE~L~'~D COUNTY PENNSYLVANIA Term, 19 __ PRAECIPE Filed ~ 19 , Atty. KELLY I. INGRAHAM, Plaintiff DAVID P. INGRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6889 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on December 5, 2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on February 6, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: Oc-~--OC¢-O~),,.. ~ __~). ~)~/~ David'--P. I ~;[i~a ham KELLY I. INGRAHAM, Plaintiff DAVID P. INGRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6889 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I, Robert L. O'Brien, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as receipt card. 9er the attached U.S. Postal Service Certified Mail, return O'BRIEN, BARIC & SCHERER BY Robert L.~)"Brien, Esquire DATE: May 21, 2002 13~.,Sou ~q l~zl v~ ~,'c /rwn CI~ I'1 Insured Mall [] C.O.D. KELLY I. INGRAHAM, Plaintiff DAVID P. INGRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6889 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on December 5, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: Kelly I. Ingr~{~an~- KELLY I. INGRAHAM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-6889 CIVIL TERM DAVID P. INGRAHAM, Defendant CIVIL ACTION-LAW IN DIVORCE PRAEClPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Served on the Defendant via certified mail, restricted delivery on February 6, 2002. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on May 16, 2002; and Defendant on May 9, 2002. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. (Defendant on May 9, 2002 and Plaintiff on May 16, 2002). Robert L. O'Brien, Esquire Attorney for Plaintiff, Kelly I. Ingraham iN ThE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF KELLY I. INGRAHAMt PLAINTIFF VERSUS DAVID P. INGRAHAMt DEFENDANT PENNA. NO. 2001-6889 CIVIL Decree IN DIVORCE ^~ ~ow,~ ~ DECREED THAT KELLY I. INGRAHAM AND DAVID P. INGRAHAM 2002, it is ORDERED AND , PLAINTIFF, , 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; NONE, ATTEST: Jo PROTHONOTARY