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HomeMy WebLinkAbout01-6990BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, Defendant NOTICE : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION~ : NO. : IN DIVORCE T O D E F E N D 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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 BkR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Prothonotary BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, De fendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. OI-Gg90 ~ -[-xw;,~- : IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Brian C. Steckley, a citizen of Pennsylvania, residing at 4182 Antelope Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Michelle Lynn Steckley, a citizen of Pennsylvania, residing at 696 Cumberland Point Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on April 19, 1997, in York County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. 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. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from 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 Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. Respectfully submitted, DISSINGER A=ND DISSINGER Mary A. Etter 'ss'nger ~/ Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Brian C. Steckley, verify that the statements made in the Divorce 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. B~ian C. Steckley,~laintiff BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, Defendant : CIVIL ACTION : NO. 01-6990 CIVIL TERM : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS Mary A. Etter Dissinger, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt dated December 18, 2001 attached hereto as Exhibit "A". Mary . Ett~r Di§sing~' Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscribed bef%re me this /~W day o~, 2001. · Complete items 1, 2, and 3. Also coml~iete item 4 if Restricted Delivery is desired. · Print your name and address on the teverse · o that we can return the card to you. ffttach thi~card to the back of the mailpiece, · on the front if space pa~mits. 1..,~fcle Addreseed to: chelle Lynn Steckley Cumberland Point Circle chanicsburg PA 17055 A, Received by DYes If YES, ente~ delive~ address below; r"l No 3. Service Type 4. Restricted Delivery? (Extra Fse) 2. Article Number (C(~y f/om service ~be/) [] Yes ' , , 7999~3.~9~0, 0002 4641 5873 * t 70.5S154-32 I,-IIl,,,lll,,,,I,l,,I,l,,hJ,,I,,Ihh,,,hlh EXHIBIT "A" BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 01-6990 CIVIL TERM : IN DIVORCE PRAE¢IP~ To the Prothonotary: Please withdraw Count III from the Consolidated Complaint in Divorce filed December 13, 2001. Respectfully submitted, DISSIN~ERAND DISSINGER Date: BY: Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-Second Street Camp Hill, PA 17011 (717) 975-2840 cc: Michelle Lynn Steckley, Defendant Brian C. Steckley, Plaintiff BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 01-6990 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on December 13, 2002 and served on December 18, 2002. 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 the 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: Brian C. S tiff BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 01-6990 CIVIL TERM : IN DIVORCE WA/VER 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 in Divorce without notice. 2. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees 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: Brian C. Steckley, ~intiff BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 01-6990 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on December 13, 2002 and served on December 18, 2002. 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 the 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: Michelle Lynn endant ~P~ O~ 2002 DiSSiI~GER & DiSSINGER BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 01-6990 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST EN~KY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees 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: ~/~~ / Mich&lle Lynn-S~eckley, D~nt APR 0,~ ?RF~;, ~ DISSINGER & DISSiNGF-~ BRIAN C. STECKLEY, Plaintiff vs. MICHELLE LYNN STECKLEY, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. 01-6990 CIVIL TERM : IN DIVORCE PRA~CIPE 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: December 18, 2001, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff, April 04, 2002; by Defendant, March 20, 2002. 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce filed with the Prothonotary: ~9~//D/~ , 2002. 6. Date Defendant's Waiver of Notice in § 3301(c) Divorce filed with the Prothonotary: ~//~/~7_ , 2002. ReSpectfully submitted, DISSINGERAND DISSINGER Date: cc: Brian C. Steckley Michelle Lynn Steckley ~arY A./Elft'er Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 North Thirty-second Street Camp Hill, PA 17011 717-975-2840 STATE OF BRIAN C. STECKLEY, in THE COURT OF COMMON PLEAS OFCUMBERL~ND COUNTY PENNA. Plaintiff VERSUS MICHELLE LYNN STECKLEY Defendant N o. 01-6990 DECREE IN DIVORCE AND NOW, ~__ BRIAN C. STECKLEY DECREED THAT , 2002 , It is ORDERED AND ., PLAINTIFF, AND MICHELLE LYNN STECKLEY , 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 ~ PRoti~HONOtarY