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Home My WebLink About05-3320 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney 10 No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv(ci)mwn.com Attorneys for Plaintiff KATHRYN E. COGLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OS' - .]].20 C; 0 I L T82-""l DANIEL C. BROWN, 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 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 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 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 the Cumberland County, Carlisle, Pennsylvania. 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 BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 ::NEf~~rr~C Attorneys for Plaintiff - 2 - McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney 10 No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdvlalmwn.com Attorneys for Plaintiff KATHRYN E. COGLEY Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. OS - 33;;Lo c~L'T~ DANIEL C. BROWN, Defendant IN DIVORCE COMPLAINT IN DIVORCE COUNT I Divorce Under 3301 (c) or 3301(d) of the Divorce Code 1. Plaintiff is Kathryn E. Cogley, who currently resides at 1701 Wyndam Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Daniel C. Brown, who currently resides at 412 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 6, 2005. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: A. Section 3301 (c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. B. Section 3301 (d): The marriage of the parties is irretrievably broken. Plaintiff and Defendant separated on June 17, 2005. After June 17, 2007, Kathryn E. Cogley intends to file an Affidavit alleging that the parties have lived separate and apart for a period of two years and that the marriage is irretrievably broken, and he anticipates that Defendant will not deny that the parties have been separated for a period of at least two years and that the marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. - 2 - WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301 (c) or (d) of the Divorce Code. M'NE~ALLACE & NURICK LLC By p,~i f~ Attorneys for Plaintiff Dated: r L i IL~ - 3 - VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Dated: ? /02105 AJ (:::l -'<:l. r::::. - II ..c it. C) - ~ lr? C>- (') ,.., f"" = ~ c = ;;,0' ..." 8 ~ cS ~ '\J('::; <- :r:n "1"1,,;. c= C> ~(U :z: ~hi en ,;.:. N 0~ .....0 ~L:' \.D --I ~ .i; ('~ -0 :r.:-B "'"0 :x 2''") 5>c ~ om Z .'-1 ~ r ~ N -< McNEES WALLACE & NURICK LLC Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff KATHRYN E. COGLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. DANIEL C. BROWN, Defendant NO. 05-3320 CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce in the above matter was served on the Defendant, Daniel C. Brown, by certified mail, restricted delivery, return receipt requested on June 30, 2005. See Exhibit "A" attached. The Complaint in Divorce was received and signed for by the Defendant on July 11, 2005. The original of the return receipt is attached hereto as Exhibit "B". McNEES WALLACE & NURI~LC BLe~!, ?J( Date: July 12, 2005 nIoO 3'lOlo "lalla 7D! i!i!33 TO: Daniel C. Brown 412 Hennan Avenue Lemoyne, PA 17043 SENDER: 244 ?""'" 'fur~O ,w REFERENCE: Cogley PS Form 3800 June 2000 RETURN Postage RECEIPT c..rtlfIad Foe SERVICE Return Receipt Fee Restricted 0aI1va Total Postage & Fe.. US Postat Service Receipt for Certified Mail t. No Insurance Coverage Provided Do Not Use (Or lnttlrnational MaN .h.............._.......U~.._..U..__""_._.._ _._.__..._.u____..u_.____. .-,.-.....-..,.-..-.-0-- EXHIBIT A 1],~ 3'm ....1 73lll! i!a3 O. Is deIIvefy aOdfeas dtffer9nt from Item 1? rr YES. eotel' delNery addre86 below: D..... : OAddTft8fHl ;, Ov.a ONe 2. 1\rIk:ie-NUmb8r.m..'..--..u.... .',.... ..'.... ..,.... ....,. IUllllllllluml1 3. Service lYpe CERT!f1I'l!,., ... 1. Article Addressed to: ,"~ Daniel C. Brown bi-";P/ 412 Herman Avenue <(.'/1 M, ,..,,).. Lemoyne,PA 17043 '~~"~ ipr 'lJ Cogley 244 PS Form 3811, July 2001 ~ RalIMn FIoooIpI ....'"~~_._..........~--- -~ ,"'...~4--_......,___.......' EXHIBIT B o ~. --, \';;:1, (/,'~ ;~',2 ;'..' ...~:C) :(-00 ":p-.,-- ,.., = "" c.n <-- c:: r- w :2 -" McNEES WALLACE & NURICK LLC BY: PAMELA L. PURDY Attorney I.D. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile DDurdv@mwn.com KATHRYN E. COGLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3320 DANIEL C. BROWN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301{c) of the Divorce Code was filed on June 29, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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.A. Section 4904 relating to unsworn falsification to authorities. Dated: 1//2 /()~ r-.:> ,C? c;;,,~ ~,.. ~ o -:: I W ~ ::? -n fnf~'. ~c iT' ~.u9 1 ') "'~" ~~~~ ':.~... ~o ...."~: ':~ ~~~~I '~::!\ 2CJ :< - C' _I McNEES WALLACE & NURICK LLC BY: PAMELA L. PURDY Attorney I.D. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com KATHRYN E. COGLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3320 DANIEL C. BROWN, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER 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 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 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904 relating to unsworn falsification to authorities. Dated: 1/ /2/0) f C) ~; ~ , s ~- (:::J =n ::rl ..-,... ('IlF' j~ .-'i a~;;' ':i? .- 1 W -',J CJl McNEES WALLACE & NURICK llC BY: PAMELA l. PURDY Attorney 1.0. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile DDUrdy@mwn.com KATHRYN E. COGLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3320 DANIEL C. BROWN, Defendant CIVIL ACTION - lAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 29, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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.A. Section 4904 relating to unsworn falsification to authorities. ~ Danie . Brown .-/ Dated: !llz/os- f '-"S >-- r--> I:::::J I::':";;:> '-" ~ -::: o -n --I ~9:n ,- 17fT'! ~JJi..4 U,r, ---\'--" __;_""1. ,;.-; ~7] ;-,:;;.-c-' 0111 :.:::.! jj -< I W :..:?- Co, _l McNEES WALLACE & NURICK LLC BY: PAMELA L. PURDY Attorney I.D. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy@mwn.com KATHRYN E. COGLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3320 DANIEL C. BROWN, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER 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 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 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. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 34904 relating to unsworn falsification to authorities. Dated: II/Z/O-:;- . BROWN .....> ~;C)~ 5l I <.J -(?- () -n ~ ---: i:!1 \l ~, -.CJb .-,) \ . "I,..-~ .-:." ~~;:, "\- -,) (.~(:? S~?\n1 ~~ Ul -. McNEES WALLACE & NURICK LLC BY: PAMELA L, PURDY, ESQUIRE Attorney 1.0. No. 85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com KATHRYN E. COGLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3320 Defendant CIVIL ACTION - LAW IN DIVORCE DANIEL C. BROWN, 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. Grounds for divorce: irretrievable breakdown under S3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: First Class U.S. Mail and by Certified Mail, Return Receipt Requested, Addressee Only, mailed on June 30, 2005, and received on July 11, 2005. An Affidavit of Service was filed on July 13,2005. 3. Date of execution of the affidavit of consent required by S 3301(c) of the Divorce Code: by Plaintiff: November 2, 2005; by Defendant: November 2, 2005. 4. Related claims pending: N/A 6. Date Plaintiff's Waiver of Notice was filed with the prothonotary: contemporaneously with this praecipe. Date Defendant's Waiver of Notice was filed with the prothonotary: contemporaneously with this praecipe. MCNEES WALLACE & NURICK LLC By C~"~ .~ Attorney for Plaintiff Kathryn E. Cogley Date: November 2, 2005 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Daniel C. Brown 412 Herman Avenue Lemoyne, PA 17043 Pa:C~Lr4 Pa la L. Purdy ,,' Counsel to Plaintiff Dated: November 2.2005 C) ...., 0 c::,:::) C::.:) -n ~-.n ;;l::: --1 ::r.:...,., C:J r" -.- -:: . ,- -ryrn I -'"1CJ W '> I :"~~j~~ -"',J ,) ;h; - ('3m ,-1 u' >;j -~ -J :< 'j.O+ + +;t':f :f . . . .. . .. .. .. .. .. . :f.:f.:f.:f.'+: . .. . :f.:f.:f.:f.:f++:f.:f.:f.:f.:f. . :f:f.:f.:f.:f.:f. IN THE COURT OF COMMON PLEAS + . . . + . + . . . . . . + . + + . + . + . . . . . . + . . + . . + . + + + . + + . . + + + + + + . . . + + . . . . . OFCUMBERLANDCOUNTY KATHRYN E. COGLEY PENNA. STATE OF No. 33~D O,4?')(l l'TATNTTFF VERSUS DANIEL C. BROWN DEFENDANT DECREE IN DIVORCE \\. ){J\~--Y ~ AND NOW, 2005 , IT IS ORDERED AND Kathryn E. Cogley DECREED THAT , PLAINTIFF, AND n~lnipl c. RrnlJT1 , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . + . . . + + + . . . + . + . + . + . + + + . . . + + . . + . + + . + + + ~++ :+:f.+;t';t'+~++ '+:'+:+:f. 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 7JJ I By THE COURT;/ c ,~V/~"/~. - -..- ,-7 // -~/'" /' ATTEST. ~_ , J. /!~7e~n'ONOT^"' ++ :f.:f:f++ +++ :f.:f.+++ :f. +++ +'+: +:f.+ + ++:f++++:f.:f:f+:f.++:f.++++++:f.+? :f.+:I'+++ . . . . + + + . . . + . + + + + . . . + + + + + + . . + + + . . + . + . + . + . . + + . . . + + + + + . . . + + + + + . . . + + . + + + + + . + + + + + + + + . . + . . . + . . . . . . + + + . . + k ~ ~ ~U-, ~o./7I/! /J __ if.:'F ~ / /- Jt."YT.J <;/,./7I'/! '!"'V "1". "J' rv _ - -J r' /" . , . ' > ,