HomeMy WebLinkAbout05-1972
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Nancy E. Kendig,
Plaintiff,
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In Divorce a v.m,
Civil Action - Law
vs,
No. Of' - /9r-;~ Gu~l
Kevin P. Kendig,
Defendant,
NOTICE TO DEFEND AND CLAIM RIGHTS
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You have been sued in Court. If you wish to defend against the claims set fort in the
following pages, you must take prompt action, You are warned that if you fail to do 0, the
case may proceed without you and a decree of divorce or annulment may be entered gainst
you by the Court. A judgment may also be entered against you for any other claim r relief
rErquested in these papers by the Plaintiff. You may lose money or property or othe rights
important to you, including custody or visitation of your children.
When the ground for divorce is indignities or irretrievable breakdown of the m rriage,
you may request marriage counseling. A list of marriage counselors is available in the 0 fice of
the Prothonotary, Cumberland County Court House, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S F ES OR
EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE IGHT
TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT H VE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET ORTH
BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to campi with
the Americans with Disabilities Act of 1990. For information about accessible faciliti sand
reasonable accommodations available to disabled individuals having business before the ourt,
please contact our office. All arrangements must be made at least 72 hours prior t any
hearing or business before the court. You must attend the scheduled conference or he ring.
1278362-1
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Nancy E. Kendig, ) Civil Action - Law
Plaintiff, )
) (!lcY~L~
vs. ) No. Of) - ICf'7d.-...
) '/
Kevin P. Kendig, )
Defendant, ) In Divorce a v.m.
COMPLAINT UNDER SECTION 3301(A) OR 3301(C) OR 3301(0) OF THE DIVO CE
CODE
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for
least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on September 17, 1983 in Mong ,
Franklin County, Pennsylvania.
5. There have been no prior actions of divorce or annulment of marriage between th
parties except the action represented by this Complaint.
COUNT 1
DIVORCE
1. Plaintiff is NANCY E. KENDIG, a sui juris adult, who currently resides at 74 KI ne
Road, Shippensburg, Cumberland County, Pennsylvania, since December, 1989.
2. Defendant is KEVIN P. KENDIG, a sui juris adult, who currently resides at 120 St te
Street, York Springs, Adams County, Pennsylvania, since April, 2004.
6. The marfiage is irretrievably broken.
7. Neither the Plaintiff nor Defendant is a minor or incompetent.
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.
9. Plaintiff requests the court to enter a decree of divorce.
1278362
2
COUNT II
DIVORCE
10. The allegations of paragraphs 1 through 8 hereof are incorpofated herein as ullyas
though set out at large.
11.ln violation of his marriage vows and laws of the Commonwealth, the Oe~ ndant,
Kevin P. Kendig, has offered such indignities to the person of the injured and in oeent
spouse, the Plaintiff, as to render her condition intolerable and life burdensome.
WHEREFORE, Plaintiff respectfully requests your Honorable Court to e ter a
decree of divorce.
COUNT III
EQUITABLE DISTRIBUTION - SECTION 3502
12. The allegations of paragraphs 1 through 8 hereof are incorporated herein as f lIyas
though set out at large.
13. The parties have been unable to determine and equitably dispose of their
respective rights and interests in the marital property.
14. Plaintiff will, within 60 days after service of this Complaint upon the Oefen ant,
cause to be filed an inventory and appraisement of all property owned or possessed t the
time this Complaint is filed.
WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distf ute
and assign the marital property pursuant to the provisions of Section 3502 of the Oi ree
Code.
1278362
3
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I verify that the statements made in this Complaint are true and co recto I
understand that false statements herein are made subject to the penalties 0 18 Pa.
C.S. Section 4904, relating to unsworn falsification to authorities.
BARLEY SNYDER
Date: 4- /'-1- 05-
1278362
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Nancy E. Kendig, )
Plaintiff, )
)
vs. )
)
Kevin P. Kendig, )
Defendant, )
Civil Action - Law
No. 05-01972
In Divorce a v.m.
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF FRANKLIN )
Martha B. Walker, Esquire, being duly sworn according to law, deposes and says that she is
\the attorney for the Plaintiff, Nancy E. Kendig, in the above-captioned matter; that she did serve a
true and attested copy of the Divorce Complaint Under Section 3301(a) or 3301(c) or 3301(d) of the
ivorce Code by mailing the same to Kevin P. Kendig, Defendant, by certified mail, restricted
elivery, article number 71 603901 984402342160 on April 20, 2005, to his mailing address of 120
tate Street, York Springs, Pennsylvania 17372; that said certified mail article was delivered to
efendant, Kevin P. Kendig, on April 21 , 2005, all as appears from the receipt for certified mail and
~he return receipt attached hereto.
BARLEY SNYDER LLC
B".
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SWorn and subscribed to before me
,
thi~ Q&"''' day of n p. ,I ,2005.
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1391613-t
COlVSv)lJf-lWEAL TH Of PENNSYLVANIA
Notarial Seal
Stacey A. Shenk, Notary Public
Chambersburg Bora, Franklin County
My Commission Expires Jan. 12.2008
Member, Pennsylvania Association Of Notaries
'--1( /(;U~~. 6. 'v,tt/h\,--
Martpa B. Walker, Esquire
J.D. iiI 5989
247 Lincoln Way East
Chambersburg PA 17201
(717) 264-6494
Attorney for Plaintiff
,
71b0 3'ID1 "Hlllll 0231l 211.0
TO: Kevin P. Kendig
120 State Street
York Springs PA 17372
SENDER:
M. Walker
REFERENCE: Nancy Kendig
PS Form 3800 June 2000
RETURN Postage
RECEIPT Certified Fee
SERVICE
Return Receipt Fee
Restricted Delivery
Total Postage & Fees
US Postal Service
Receipt for
Certified Mail
No Insurance Coverage Provided
00 Not Use for Internatlonal Mail
2. Article Number
111111111111
1IoWI 3'1Jl. y,q" 0i!3'I ~1oIl
3. Service Type CERnFIED MAIL
4. Restricted Delivery? (Extra Fee) Yes
1. Article Addressed to:
Kevin P. Kendig
120 State Street
Yark Springs P A 17372
RESTRICTED
DELIVERY
Nancy Kendig
PS Form 3611. July 2001
Domestic Return Receipt
M.<.r
DAgent
Addressee
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Nancy E. Kendig, )
Plaintiff, )
)
vs. )
)
Kevin P. Kendig, )
Defendant, )
Civil Action - Law
No. 05-01972
In Divorce a v.m.
PRAECIPE
To the Prothonotary:
Please dismiss the Complaint Under Section 3301 (A) or 3301 (C) or 3301 (D) filed in
the above-captioned matter on April 18, 2005.
BARLEY SNYDER
By:
~JN 4"ftkc~}
Mart B. Walker, Esq~ire
Attorney for Plaintiff
Date:
/61 / ft--:;-
1519069-1
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