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HomeMy WebLinkAbout04-5574 SHANNON M. KILLIAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004 - IjS1LJ CIVIL LONNY L. KILLIAN, Defendant : 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. 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 Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 SHANNON M. KILLIAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004 - 557t.( CIVIL LONNY L. KILLIAN, Defendant : IN DIVORCE COMPLAINT UNDER SECTIONS 3301 (C) AND 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Shannon M. Killian, an adult individual who currently resides at 117 Crabapple Lane, Shippensburg, Cumberland County, Pennsylvania 17257-8712. 2. Defendant is Lonny L. Killian, an adult individual who currently resides at 14 Howard Avenue, Shippensburg, Cumberland County, Pennsylvania 17257-1712. 3. Plaintiff and Defendant have been bona fide residents 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 July 7, 1995 in Cumberland County. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. .11 WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. By Respectfully submitted, O'BRIEN, BARIC & SCHERER C' \c:::::D6~ Robert L. O'Brien, Esquire Attorney for Plaintiff 1.0, # 28351 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s, 9 4904, relating to unsworn falsification to authorities. Date: November S , 2004 u:tLux.0;{ ,~ SHANNON M. KILLIAN ~ - ~ -N ....... Vl -....() (::> ('- ~ utr -{:' .-....... ~ ):> o ~ ~ o 'CP '"'" ~ "" '::1 Q () f'...:> c: =~ 0 C'.;:) --J'" ..l:;.- -n ""T 1 ~', Z ::;-J n"'lii C",) -/. ,,".I~" .,., ...:: 1'11-- r- , I -,..,ITt U1 -hi? r:: h.. , . -0 ::;::; ~f~ . ( 1 :::r: ... ( ~ (~ '>.' ()(;1 ...1.,..... ~J;! :< :;,:J C:o --<.;: II SHANNON M. KILLIAN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2004 _ 5574 CIVIL LONNY L. KILLIAN, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, on this the if T'" day of November, 2004, I, Lonny L. Killian, Defendant, hereby accept service of the Complaint in Divorce filed in the above action pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. y~ y L~Y L. KI~N ----- r, ) '" c:-;,) c) C c,;:.) -n .&.- ,,> ~ :;Y~',: ::f : , C) f~1 -n " ..:....:.::: i:;':: " , , 11'1 " ,......, ~, en \ I ... t,. c~; " :~.: ;. ,." -:J , (') c .: [ f1 I f":.l . i :.::.\ / .. ~'~J. ~ ..... "l;;; v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5574 CIVil TERM SHANNON M. KilLIAN, Plaintiff lONNY L. KilLIAN, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REC1UEST 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 November 15, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Compllaint. 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 11 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. III 6. I have been advised ofthe 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. ( (f){Mvu'rd71, it; it rJ.^ ) Shannon 11!1. Killian Date: February 14, 2005 II v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5574 CIVil TERM SHANNON M. KilLIAN, Plaintiff lONNY L. KilLIAN, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REC~UEST 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 November 5,2004. 2. Defendant acknowledges receipt and accepted service of the Complaint on November 8, 2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concernin!~ 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 ofthe availability of marrialge 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 m~tlog to "",wom fal,',,"'oo to ..,th",It~,. : /: ~ // Date: February 14, 2005 ~ ny L. Killian -- c.:;-, (' - C' ;",., ~., ~LA V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 - 5574 CIVil TERM SHANNON M. KilLIAN, Plaintiff lONNY L. KilLIAN, Defendant 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. Ground for divorce: irretrievable breakdown under Section 3301 (c) and 3301 (d) of the Divorce Code, 2, Date and manner of service of the Complaint: TI1e Defendant signed an Acceptance of Service on November 8, 2004. 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 February 14, 2005; and Defendant on February 14, 2005. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: nla (2) date of service of the Plaintiff's Affidavit upon the Defendant: nla 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. Respectfully submitted, -}2.(2A~ Robert l. O'Brien, Esquire ,+:"'Of.;f.0f.'+::f. :f. :+:f.;f.:f. :+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~+';f.+':f.+';f.Of.;f.0f.~~:f.:f.~;f.~ ;f.:f.Of. Of. Of.;f.0f.:+;f.0f.;f.0f.0f.0f.0f.0f.;f.0f.;f.0f.:f.;f.0f. Of.~0f.~;f.;f.:+:+0f.:+:+:+:++';f.:++':f.;f.+':+:+;f.:f.:+~0f.;f.;f.+';f.:+:++'~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~ ~ ~ ~ Of. +. +. +. +. +. +. T +. +. +. +. T T +. +. ~ +. T +. +. ~ +. +. +. ~ +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. +. ++. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY SHANNON M. KILLIAN PENNA. STATE OF 2004 - 5574 CIVIL Plaintiff No, VERSUS LONNY L. KILLIAN Defendant DECREE IN DIVORCE tc~ ~ 'i , 2no( IT IS ORDERED AND AND NOW, KILLIAN SHANNON M. , PLAINTIFF, DECREED THAT LONNY L. KILLIAN , DEFENDANT, AND 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. By THE COURT: /~ ( \ (~V~ ~~f!~ ATTE~t u .(l~d PROTHONOTARY J. . h It /7~ ~t< 50' l'f:. ~r? b%~h0rP'9?"'" . , . ".,- . . . .