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HomeMy WebLinkAbout01-2061 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTINE LOUISE BAILEY, Plaintiff, CASENO. Ol'- ~O(..o/ ~v~'] VS. JOHN WILBERT FOX BAILEY. 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 or relief requested in these papers by the Plaintiff. You may lose money or property or other fights important to you, including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. There is a list of counselers available at the Prothonatary's office, at S. HANOVER STREET, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA ! 7013 TELEPHONE: 717-240-6200 KRISTINE LOUISE BAILEY, Plaintiff Address-40 MARILYN DRIVE CARLISLE, PA 17013 Telephone: 717-243-0441 IN THE COURTS OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTINE LOUISE BAILEY, Plaintiff, CASE NO. VS. JOHN WILBERT FOX BAILEY. Defendant. COMPLAINT IN DIVORCE FILED ON BEHALF OF: KRISTINE LOUISE BAILEY Plaintiff 40 MARILYN DRIVE CARLISLE, PA 17013 Address :,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i. FAMILY DIVISION KRISTINE LOUISE BAILEY, " Plaintiff, . ~ CASE NO. o/ o2o6 / ~ '~_t. xa~ ..: ~; vs. ~ JOHN WILBERT FOX BAILEY. .I ' Defendant. COMPLAINT IN DIVORCE ~, UNDER SECTION 3301 ( D ) OF THE DIVORCE CODE " :$. AND NOW COMES, the Plaintiff, KRISTINE LOUISE BAILEY, who by filing Pro Se' and?' '" '~' '" who is filing this Complaint in Divorce, a statement of which is as follows: 1. The Plaintiff is KRIST1NE LOUISE'BAILEY, an adult individual who presently resides, at ~..  40 MARILYN DRIVE, CARLISLE, PA 17013, and Plaintiffs Social Security number is' ..,  : 161-62-5200. ~ 2. The Defendant is JOHN WILBERT FOX BAILEY, an adult individual who, on ;.i information and belief, presently resides at ADDRESS UNKNOWN, and Defendant's Social : Security number is' 189-54-4753. 3. KRISTINE LOUISE BAILEY resided in the Commonwealth of Pennsylvania for at least six months immediately previous to the commencement of this action. 4. The parties were married on FEB. 14, 1992, in HELLERSTOWN, PENNSYLVANIA. ~ 5. The Plaintiff avers that- ' ~' (a) The Defendant has offered such indignities to the person of the Plaintiff, the injured and ~' innocent spouse, as to render her condition intolerable and life burdensome; and ,. !.. (b) The marriage between the parties is irretrievably broken. ~ 6. No prior action for divorce or annulment has been filed in this or any other jurisdiction. 7. Plaintiff avers that this action is not collusive. Page 1 of Complaint in Divorce ,  i 8. Plaimiff has been advised of the availability of counseling and that she may have the fight ii;'.~' to request that the court require the parties to participate in counseling. ~i"' Count 1-Child Custody and Sunnort ~.. ~* 9.' Plaintiff incorporates by reference Paragraphs 1 through 8 of the Complaint in Divorce as ~.. ~' though fully set forth herein. 10. The following children may have been bom or adopted of this marriage, and their names, ~...~ .~..' dates of birth, social security numbers and address of residence respectively are: ASHLEY '.~ ' i' .~ KRISTINE BAILEY, DOB 5/27/89, SSN# 184-70-6075; MELANIE ANNE BAILEY, DOB 12/27/91, SSN# 208-72-5282.40 MARILYN DRIVE, CARLISLE, PA. 11. WHEREFORE, the Plaintiff requests this Honorable Court to order custody, visitation, care, control and support of the said child(mn) to be awarded as follows: PRIMARY, '~ PHYSICAL, LEGAL CUSTODIAL PARENT SHALL BE KRISTINE LOUISE BAILEY. THE n~.., '1-"'" FATHER MAY HAVE VISITATION EVERY OTHER WEEI~ND FROM FRIDAY AT 7 ,... ~ P.M. UNTIL 6 P.M. ON SUNDAY NIGHTS, AT THE MOTHER'S DISCRETION. THE · ~ FATHER MUST PROVIDE AT LEAST 48 HOURS NOTICE PRIOR TO HIS VISITATION. ~...~ THE TRANSPORTATION OF SAID CHILDREN WILL BE PROVIDED BY BOTH ;...' PARENTS, MEETING HALFWAY. HOLIDAYS AND SUMMER VACATION VISITATION WITH FATHER WILL BE DECIDED PRIOR TO THAT TIME AND AT THE DISCRETION OF THE MOTHER. IF THE FATHER DECIDES ON HIS VISITATION TO TAKE SAID CHILDREN TO SOMEWHERE OTHER THAN HIS PLACE OF RESIDENCE, THE FATHER MUST LEAVE A PHONE NUMBER WHERE HE CAN BE REAC~D. SAID CHILDREN WILL HAVE ACCESS TO A TELEPHONE DURING VISITATION WITH THE'-. ~ FATHER. SAID CHILDREN MAY CALL THE MOTHER IN THE CASE OF HOMESICKNESS, ILLNESS OR A CHANGE OF PLANS, SUCH AS A NEED TO COME HOME EARLIER, OR IF IN A SITUATION THAT THEY ARE UNCOMFORTABLE WITH. Page 2 of Complaint in Divorce IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTINE LOUISE BAILEY, Plaintiff, CASE NO.' VS. JOHN WILBERT FOX BAILEY. Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under {Section} 3301 (d) of the Divorce Code was filed on (date). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 ~er service of Notice of Intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. DEFI~NDANT Kr~S~i~ ~.~,,~:1 .. : IN THE COURT OF COMMON PLEAS Plaintiff : 'CUMBERLAND COUNTY, PENNSYLVANIA : NO. O,I-20~I'CIWL ~1~ W.F. 19~lley : De~endan~ : CIVIL ACTION - 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 Decree of Divorce 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 Waiver 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTINE LOUISE BAILEY, Plaintiff, CASE NO. O I "~2:~6~ ! G'o ~'~ VS. JOHN WILBERT FOX BAILEY. Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under {Section} ~01 (d) of the Divorce Code was filed on (date). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: q laolOX ~4._~_rrlx_O ~. [2)c.,',,0,_~~ ~Pl'aintiff 6 ~~i~' ~1~.~;1~¥ : IN THE COURT OF COMMON PLEAS Plaintifft : 'CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO.OI-aO~I-~IVlL zendant' : CIVIL ACTION - 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 Decree of Divorce 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 Waiver 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. DATED- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTINE LOUISE BAILEY, Plaintiff, CASE VS. JOHN WILBERT FOX BAILEY. Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under {Section} 3301 (d)of the Divorce. Code was filed on (date). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 oflntention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unswom falsification to authorities. Date: "~.aO~ {'\ -~ ----.~~L~~Plaintiff d .. _[9')c~~ .- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV~L~ FAMILY DIVISION . KRISTINE LOUISE BAILEY, Plaintiff, -CASE NO. 0 ~" ,~, Cka \ C.. \'q ~ ~ VS. JOHN WILBERT FOX BAILEY. Defendant. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under {Section} 3301 (d) of the Divorce Code was filed on , (date). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 unswom falsification to authorities. · Date' DEF£NOANT K,~ : IN THE COURT OF COMMON PLEAS Plaintiff : 'CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. OI-/O~IoCIt/IL Dea:en~ant - : CIVIL ACTION - 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 Decree of Divorce 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 Waiver 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. · . Kci~ne-,-- : IN THE COURT OF COMMON PLEAS Plaintiff : 'CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. OI-20(~IoCIVlL De~en~ant. : CIVIL ACTION - 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 Decree of Divorce 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 Waiver 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. · DEFENDAH~ KRISTINE LOUSIE BAILEY, PLAINTIFF, VS. CASE NO. 01-2061 CIVIL JOHN WILBERT FOX BAILEY DEFENDANT ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02 (B) AND PA.R.C.P. 1920.4 I, ~a ~ & b~.~. /7 '~~~' , Defendant, hereby accept service of the Complaint in Divorce filed under'fl~e above-captioned number which was served on 7,/~ o t/o / , by means of Kristine Louise Bailey at 40 Marilyn Drive Carlisle PA., 17013. /"' bEFENDANT ' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTINE LOUISE BAILEY, Plaintiff, ,,CASE NO. O ) '-o~Ob / VS. JOHN WILBERT FOX BAILEY. Defendant. AFFIDAVIT COMMONWEALTH OF PENNSYLVANL4) COUNTY OF CUMBERL~D) Before me, the undersigned authority, a Notary Public in and for the Commonwealth of Pennsylvania and Cumberland County, appeared KRISTINE LOUISE BAILEY, the Plaintiff, in the above entitled action, who being duly sworn according to the law, deposes and says that the facts contained within the foregoing Complaint in Divorce are true and correct to the best of his or her knowledge, information and belief, and that he or she is authorized to make this Affidavit. , S~BSCRIBED AND SWORN to before me on this ~ day of~tl o(oo / _. _ . __, . · My commission expires: . --l' NOT~RiAL S~A~ .... Notary Public ] DAWN M. SHUGHART, Nota~, Public ! Carlisle, Cumberland Coun:y ~_My Commission Expires Nov. 28, 2002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRIST1NE LOUISE BAILEY, Plaintiff, CASE NO. ~t/ -~~ / VS. JOHN WILBERT FOX BAILEY. Defendant. STATE OF PENNSYLVANIA) COUNTY OF CUMBERLAND) ss. AFFIDAVIT OF NON-MILITARY SERVICE Comes now the Plaintiff who, after being duly sworn under oath, deposes and says that the Defendant in the above-entitled matter is not now a member of the United States Armed Forces and was not a member of the United State Armed Forces at the time of commencing this action. This Affidavit is in compliance with the Soldiers' and Sailors' Civil Relief Act of 1940, as amended, Title 50 USC 520. Dated this _~ day of f~ fl),,--,'/ _, c~(..)O / . Plaintiff - - - ~,~SCRIBED AND SWO~ TO before me on this ~' day of~/Q~ ' / _, NoTAR'IAL SEAL' ........... DA~.NM. SEt~HAiaT, Notary. Public I My ' ' ir~s No. v, as. a00a Not~ Public for KRIST~E LOUISE BAILEY Name of Plaintiff 40 MARIL~ DRIVE CA.ISLE. PA 17013 Address of Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FAMILY DIVISION KRISTINE LOUISE BAILEY, Plaintiff, CASE NO. (~ ! ~ oreo (o ! VS. JOHN WILBERT FOX BAILEY. Defendant. STATE OF PENNSYLVANIA) COUNTY OF CUMBERLAND) ss. AFFIDAVIT REGARDING THE UNIFORM CHILD JURISDICTION ACT KRISTINE LOUISE BAILEY, being first duly sworn an oath, deposes and says: 1. I am the Plaintiff in the above-cited action. 2. That my spouse and I have two child(ren) as a result of this marriage. The names and dates of birth of these children are- ASHLEY KRISTINE BAILEY, DOB 5/27/89; MELANIE ANNE BAILEY, DOB 12/27/91. 3. That the aforementioned child(ren) presently reside as follows: 40 MARILYN DRIVE, CARLISLE, PA WITH MOTHER SINCE 1995. 4. That neither the Plaintiff nor the Defendant have participated as a party, witness, or in any other capacity, in. any litigation concerning the custody of these children in this or any other state. 5. That there is no custody proceeding concerning these children pending in any Court in this state or any other state. Page 1 of AFFIDAVIT IN RE UNIFORM CHILD JURISDICTION ACT 6. That there is no other person, not a party to these proceedings, who has physical custody of the children herein who claims to have custody or visitation fights with respect to the minor children. SUBSCRIBED TO AND SWORN before me on this q day of ~. r--t'/ _, ~O [ _. My commission expires: MNOTARIAL SEAL '1 Notary Public AWN U. SHUGHART, Nora,5, Public Carlisle, Cumberland County y Commission Expires Nov. ~. 2002 . Page 2 of AFFIDAVIT IN RE UNIFORM CHILD JURISDICTION ACT ! ~\c~c~-'~-~- ' IN THE COURT OF COMMON PLEAS · · CUMBERLAND COUNTY, PENNSYLVANIA VS. . ~'-~~ ('~O.t\~.~ i CIVIL DIVISION '~~¢.~~,~,~ ' NO. O t- ;~O L~ \ 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) (Strike out inapplicable section). 2. Date and manner of service of the complaint: "[ \. 7_0 lot ~ 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301-(c) of the Divorce Code: by plaintiff ") {~ ; by defendant -'1 12.~ (31 (b) (1) Date of execution of the affidavit required by §3301 (d) ., of the Divorce Code- (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: ~ ~ Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: ~ _~__O IOI ant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ? ~' .- STATE OF PENNA. VERSUS DEC tEE iN AND NOW, ~'~'~ , ,.._0.~, IT IS ORDERED AND DECREED THAT , PLAINTIFF, ,~ ' , 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; PROTHONOTARY !