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Home My WebLink About09-5617Q COYNE & COYNE, P.C. Lisa Marie Coyne, Esquire Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff JEFFREY K. NELL, Plaintiff, VS. DIANE M. NELL, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. dl dI l arm 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, 1 Courthouse Square, Carlisle, PA 17013 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, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Bar Association 32 South Bedford Street 1-(800)-990-9108 717-249-3166 1 Lisa Marie Coyne, Esquire Coyne & Coyne, PC Pa. Supreme Ct. No. 53788 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney For Plaintiff JEFFREY K. NELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA O. D 9 - SG 1,7 cum z/ -re" - :N VS. DIANE M. NELL, Defendant IN DIVORCE COMPLAINT IN DIVORCE NOW COMES the Plaintiff, Jeffrey K. Nell, by her attorney, Lisa Marie Coyne, Esquire and files this Complaint in Divorce and avers the following in support thereof- 1 . The Plaintiff, Jeffrey K. Nell, is an adult individual residing at 402 Berkshire Road, Mechanicsburg, Lower Allen Township, Cumberland County, Pennsylvania 17055. 2. The Defendant, Diane M. Nell, is an adult individual residing at 432 Locust Road, New Cumberland, Fairview Township, York County, Pennsylvania 17070. 3. The Plaintiff and Defendant are sui juris and have been bona fide residents in the Commonwealth for at least six months previous to the filing of this Complaint. 2 4. The Plaintiff and Defendant were married on May 23, 1997, in Cumberland County, Pennsylvania. 5. The Plaintiff and Defendant were separated on or about July 4, 2008. 6. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 7. There have been no prior actions of divorce or for annulment between the parties. 8. 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. Further, Plaintiff waives his right to request that the parties participate in marriage counseling. COUNT I-REQUEST FOR A NO FAULT DIVORCE 9. The prior paragraphs of this Complaint are incorporated by reference. 11. The marriage is irretrievably broken. 12. 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 and Plaintiff believes that Defendant may also file such an affidavit. 13. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. 3 WHEREFORE, if both parties file affidavits of consent to a divorce after ninety (90) days have elapsed from the filing of this Complaint, or alternatively if the appropriate time has elapsed since date of separation, Plaintiff respectfully request the Court enter a Decree in Divorce, pursuant to Section 3301(c) or Section 3301(d), as may be appropriate. Dated: Z By: Respectfully submitted: COYNE & COYNE, P.C. C)?" e=- Lis rie Coyne, Esquire 39 arket Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff 4 VERIFICATION The facts set forth in the foregoing are true and correct to the best of the undersigned's knowledge, information and belief and are verified subject to the penalties for unsworn falsification to authorities under 18 Pa. C.S.A. § 4904. Dated: JA r FtLPf) ile : . . . 2LU 1? # I?w- -5? *?, Ail g' ?!?/37 JEFFREY K. NELL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 09-5617 Civil Term DIANE M. NELL, Defendant : IN DIVORCE PROOF OF ORIGINAL SERVICE OF COMPLAINT I, LISA MARIE COYNE, ESQUIRE, hereby certify that I have, on August 19, 2009, caused a true and correct copy of the Complaint for Divorce to be served upon the Defendant named below by way of certified first class mail, restricted delivery, postage prepaid, return receipt requested: Ms. Diane M. Nell 432 Locust Road New Cumberland, PA 17070 Dated: 8 - ?-'7- o COYNE & COYNE, P.C. By: ?- Lis e Coyne, Esquir6 39 Market Street // Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 53788 Attorney for Plaintiff -7-0- • Complete Items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. ¦ Pft 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: M S J,.,] (A,) 2. H - U, # 6w14 Q? 17 70 A. re ` ? Agent 13 Addresgooe B. Repelved by'( Prlnfed MAI JC. Date of Deilvery D. Is delivery address different ? Yes If YES, enter delivery addps"I&A- ? No R 3. type °? .,, •,. ,..--- Certified Mail ? Expribi4ftll- 13 Registered ? Retum Receipt for merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yea 2. Article Number 7006 0100 0003 4882 9358 Marufer from servkke label) PS Form 3811, Febmary 2004 Domestic Retum Receipt 102595-02-M-1540 RLEi -{ r e-'suE .I,, ,???? Y ()F THc r P -k! T - I 2009 AUG 26 PH 2: 16