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HomeMy WebLinkAbout09-2680Todd C. Hough, Esquire Attorney I. D. No. 91060 Lavery, Faherty, Young & Patterson, P. C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS LVANIA a-lyil-&h KELLY J. McKERNAN, NO. OQ - 01(080 Plaintiff V. CIVIL ACTION - LAW ELLEN L. McKERNAN, : 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 of 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. 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 LAWYER REFERRAL SERVICE 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 or (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. Todd C. Hough, Esquire Attorney I. D. No. 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 TO, 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS LVANIA KELLY J. McKERNAN, Plaintiff V. ELLEN L. McKERNAN, Defendant NO. ©9 2426 CIVIL ACTION - LAW IN DIVORCE COMPLAINT DIVORCE UNDER SECTION 3301(c) and (d) OF THE DIVORCE CODE AND NOW comes Plaintiff, Kelly J. McKeman, by and through his attorneys, Lavery, Faherty, Young & Patterson, P.C., and Todd C. Hough, Esquire, and respectfully represents as follows: 1. Plaintiff, Kelly J. McKernan, is an adult individual residing at 4833 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Ellen L. McKeman, is an adult individual residing at 114 N. Frederick Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bonafide residents in the Commonwealth of Pennsylvania for at least 6 months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 17, 2007, in Carteret County, North Carolina. 5. No children were bom of this marriage. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff is a member of the United States Army National Guard. Defendant is not a member of the Armed Services of the United States or any of its Allies. 9. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a . B. Section 3301 (d). The marriage of the parties is irretrievably broken. The date of separation was on or about September 17, 2008. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce from the bonds of matrimony. Respectfully Submitted, Date: t/ /7j 1.4 Lavery, Faherty, Young & Patterson, P.C. Tod C. Hough, Esquire Attorney I.D. No. 91060 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing document are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: 4- 6!?L? KELLY RNAN . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS LVANIA KELLY J. McKERNAN, : NO. Plaintiff V. CIVIL ACTION - LAW ELLEN L. McKERNAN, IN DIVORCE Defendant AFFIDAVIT KELLY J. McKERNAN, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. 1 understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authorities. KELLY ,1- ERNAN HE FAIRY ". ZPOR APP, 29 F { „' #M8. 50 Po AnY co taoy Todd C. Hough, Esquire Attorney I.D. No. 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg PA 17108-1245 Tel: 717-233-6633 Fax: 71 T233-7003 Attorneys for P/ainttlf IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS LVANIA, KELLY J. McKERNAN, NO. 09-2680 Plaintiff v. ELLEN L. McKERNAN, Defendant CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 29, 2009. 2. The marriage between 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 in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and 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 c~enalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. Date: 8' 8 ~~ J. '~ ~R7~f0 ~}~ARY 2~9 AUG 14 PM ~= 5~ '~ .: Todd C. Hough, Esquire Attorney I.D. No. 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys forP/ainafl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS LVANIA KELLY J. McKERNAN, Plaintiff v. ELLEN L. McKERNAN, Defendant W NO. 09-2680 CIVIL ACTION -LAW IN DIVORCE 3301 E A 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 understand 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: $ - $ - O ~ c~222 ~.~-~ _ J. McKERNAN ,- ~~'4 AU6 14 I`M ~_ ~5 Todd C. Hough, Esquire Attorney I.D. No. 91060 Lavery, Faherty, Young & Patterson, P. C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNS LVANIA KELLY J. McKERNAN, NO. 09-2680 Plaintiff v. ELLEN L. McKERNAN, CiViL ACTION -LAW IN DIVORCE Defendant AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 29, 2009. 2. The marriage between 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 in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and 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. Section 4904, relating to unsworn falsification to authorities. (~ ~ Date: ~ ' I ~-~ ~-' -( ~._...,~.-~(liZ t- ~ ~r~~~-lZk-2~~V~{,~,~--- ELLEN L. McKE:RNAN f~LE4-~~r+-4~ 20C~ Ai~G i 7 f'~ 3.59 C` tFr;= t.r;;Y 7:~.\ +/ tt 1 Todd C. Hough, Esquire Attorney LD. No. 91060 Lavery, Faherty, Young & Patterson, P. C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF' CUMBERLAND COUNTY, PENNS LVANIA KELLY J. McKERNAN, Plaintiff v. ELLEN L. McKERNAN, Defendant NO. 09-2680 CIVIL AC TION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF~ A DIVORCE DECREE UNDER SECTION 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 understand that the statements made in this affidavit are truf~ 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. } ~`/~ /'' ~ )~ i Date : ~ ' l ~~ U~ / ~~c~--'~ 11-- ~ f c~c- G--. ~ ELLEN L. McKERNAN ALEG-~~F=~iGE OF THE ~;='`~'~-!^^,OTARY 249 ~~~ 3 7 Phi 3~ 59 ~~~-,,~~~~~~y a is s ~~~ .. ri.~~'~.:~•:,r Todd C. Hough, Esquire Atbmey I.D. No. 91060 Lavery, Faherty, Young & Patterson, P. C. 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg PA 1710&1245 Tel.' 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff KELLY J. McKERNAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ELLEN L. McKERNAN, Defendant NO. 09-2680 CIVIL ACTION -LAW IN DIVORCE ru . , ~ .~ m m ~ Postage S ~ Certified Fee ~ ~ Return Receipt Fee (Endorsement Required) D Restricted Delivery Fee ~ (Endorsement Required) D- ~ Total Postage & Fees ~ Sent To p Street, Apt. lVO.; (~ or PO Box No. ~ ~ (r FILED-Ui~~=ICE . (~ THE f~~~,?*'r'~!NC1TAf?Y 249 SEP -4 P~! 2~ ~3 CtSi~~~ t~~'u ~.~f:~N~Y ~J'~rJ: Yf.Yr~"~~A KELLY J. McKERNAN, Plaintiff v. ELLEN L. McKERNAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-2680 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this _~ day of v vs i~ 2009, comes Todd C. Hough, Esquire, Attorney for the Plaintiff, Kelly J. McKernan, and states that he had cause to be mailed a certified copy of a Complaint in Divorce to the Defendant, Ellen L. McKernan, by U. S. Mail, Certified, Restricted Delivery, return-receipt requested. A copy of said receipt is attached hereto, indicating service was made on May 4, 2009. Respectfully submitted, Lavery, F By: Todd C. Hough, Esquire Attorney I.D. No. 91060 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff P.C. AI.~Q-~i~~r-f~ OF `C}~ ~F~TN~~d07ARY' ~oa9 s~~ -~ Pn ~= o~ PENt~(Sl1_VI~VtA ,. -~ Todd C. Hough, Esquire Attorney I.D. No. 91060 Lavery, Faherty, Young & Patterson, P.C. 225 Market Street Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys rorPlaint~ff KELLY J. McKERNAN, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. ELLEN L. McKERNAN, Defendant NO. 09-2680 CIVIL ACTION -LAW IN DIVORCE 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. Grounds for divorce: Irretrievable breakdown under Section 3301(c) or Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the original Complaint: Service of the original Complaint in Divorce was made on May 4, 2009, via U.S. Mail, Certified, Return Receipt Requested, Restricted Delivery, #7007 1490 0001 4133 7612. Original Certified Mail Receipt and Domestic Return Receipt card are attached hereto. 3. Date of execution of the Affidavit required by Section 3301(c) of the Divorce Code: August 8, 2009 by Plaintiff. By Defendant: August 13, 2009. Plaintiff's Affidavit was filed with the Prothonotary on August 14, 2009. Defendant's Affidavit was filed with the Prothonotary on August 17, 2009. ~. 4. There are no related claims pending. 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 Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiffs Waiver was executed on August 8, 2009. Defendant's Waiver was executed on August 13, 2009. Plaintiffs Waiver was filed with the Prothonotary on August 14, 2009. Defendant's Waiver was filed with the Prothonotary on August 17, 2009. Date: P~ / t e Respectfully submitted, Lavery, Faherty oung 8~ P on, By: Tod .Hough, Esquir Attorney I.D. No. 91060 225 Market Street, Suite 304 P. O. Box 1245 Harrisburg, PA 17108-1245 Tel: 717-233-6633 Fax: 717-233-7003 Attorneys for Plaintiff FII..ED OPF1C~' of TM E P a~ntou or-4 Ry dooR seP- N PN- a:O'~ C~xr h Co , l~l bKl3 Kelly J. McKernan V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ellen L. McKernan NO 09-2680 DIVORCE DECREE AND NOW, it is ordered and decreed that Kelly J. McKernan plaintiff, and Ellen L. McKernan ,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. By Attest: J. onotary _~~ '~~ ~- fD °py' ~.~~~ ~~~ e '; •-•. ~