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Home My WebLink About05-4396KIM L. CASEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENN A vy? V. :NO. dS-42?( 010LIIL7i12- l ELIZABETH ANN CASEY : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 the Cumberland County Court House, One Courthouse Square, 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, Pennsylvania 17013 Phone: (717) 249-3166 to Jo ofoeyco elly,Jr., Esq Plaintiff KIM L. CASEY, Plaintiff V. ELIZABETH ANN CASEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary KIM L. CASEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. :NO. OS-92% ?iv?? ??z•?? ELIZABETH ANN CASEY : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE Plaintiff is Kim L. Casey, social security no. 198-58-0080, who currently resides at 135 E. North Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Elizabeth Ann Casey, social security no. 187-54-2773, who currently resides at 840 N. Pitt Street, Carlisle, Cumberland County, Pennsylvania, 17013. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4, Plaintiff and Defendant were married on May 19, 1988, in Hagerstown, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. The Defendant is not a member of the Armed Services of the United States of America or its Allies. The marriage is irretrievably broken. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. The parties to this action have been separated since April 4, 2004. 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that he is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render his condition intolerable and life burdensome. 12. This action is not collusive. WHEREFORE, the Plaintiff requests the Court to enter a Decree in Divorce dissolving the marriage between the Plaintiff and Defendant. JAMES, SMITH, DIETTERRICK & CONNELLY Date P1//1,5- By: Hershey, PA 17033 (717) 533-3280 PA I.D. No. 15615 Post Office Box 650 VERIFICATION I verify that the statements made in this Pleading 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 unworn falsification to authorities. Date: 1?711/11r- Kim L. Casey, Plaintiff n 44 ti. S` d jrt f9 ? T 71 L KIM L. CASEY, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff V. ELIZABETH ANN CASEY, Defendant. NO: 05-4396 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND NOW, comes the Defendant/Wife, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Petition For Special Relief: 1. Your Petitioner, Elizabeth Ann Casey, is the Defendant/Wife in the above-captioned divorce action. 2. The Respondent, Kim L. Casey, is the Plaintiff/Husband in the above-captioned divorce action. 3. The parties have a marital home situate at 840 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, where the Petitioner is residing along with the parties' children, Karlie, born December 19, 1990, Rylinn, born May 4, 1995, and Karsyn, born April 4, 1997. 4. Petitioner has primary custody of the children. 5. Petitioner/Wife believes and therefore avers that she should be granted exclusive possession of the marital home for the following reasons: A. On or about May of 2004, Respondent was removed from the marital home because of a PFA Petition, said Petition was subsequently dropped; B. The parties have remained separate and apart since that time; C. In approximately June or July of 2004, the Respondent returned to the marital home and entered by way of breaking through a door, entering the home, and removing certain property, leaving a note indicating that he was removing property belonging to him and everything else the Petitioner could keep, D. On or about September 29, 2005, the Respondent again came to the marital home, broke a window, came into the home and removed additional property from the home, all without consent of the Petitioner; E. Access was gained by pushing in an air conditioner and breaking two windows, necessitating the police to be called to the residence; and F. In July of 2005, the police were summoned to the home of the Respondent, and the children were removed because of the alcoholic condition of the Respondent. 6. Petitioner is fearful for her safety, fearful for the safety of her children, and because of the consistent pattern of alcohol and breaking into the property, Petitioner believes that exclusive possession of the marital home pending resolution of equitable distribution is necessary. 7. Petitioner is concerned for the safety of her children, and further concerned for her own safety and her own property by the constant conduct of the Respondent- -2- 8. For preparation and attendance at a hearing, Petitioner has been advised that her legal fee and costs incurred is $500.00 for which she seeks reimbursement from the Respondent. WHEREFORE, Petitioner requests this Court to grant relief in the form of exclusive possession of the marital home pending outcome of equitable distribution. Respectfully submitted, Mancke, Wagner & Spreha 16ard Wagner, Esquire #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Petitioner/Wife Date:. -3- Y VERIFICATION I verify that the statements made in the foregoing document 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. r DATE: r?? =? ?? eP? ? Tl ?? lJ? ? __ p ?i ?, -? _.-. T .,4; -?, s : l =- ,<<; ?_? w ?? r 1-1 KIM L. CASEY, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO: 05-4396 CIVIL TERM CIVIL ACTION - LAW ELIZABETH ANN CASEY, Defendant. IN DIVORCE AND NOW, this_,31d_day of ° /I yL/-t pL, 2005, upon Petition` of the Defendant/Wife, a Rule is hereby issued upon Plaintiff/Husband, to show cause why, if any, Defendant/Wife should not be granted exclusive possession of the marital home at 840 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. RULE RETURNABLE the 9-14 day of )? ?Yy! gn/ , 2005, at o'clock (k_.m. in Courtroom No.-?e of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pending outcome of the aforementioned hearing, temporary exclusive possession is granted unto the Defendant/Wife, and Plaintiff/Husband is hereby enjoined from said residence. BY THE COURT: LO :11 HV h- AN SOOZ 3?I?;n-{I3ll? ORIGINAL KIM L. CASEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNA V. :NO. 2005-4396 ELIZABETH ANN CASEY : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, P. Richard Wagner, Esquire, attorney for the above-named Defendant, accept service of the Complaint in Divorce on behalf of my client, Elizabeth A. Casey. Date: g/o2/s" . ichar agner, Esquire r' mey for Defendant Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 r> o Y_ Q ?C Ci fl C) n: :< KIM L. CASEY, Plaintiff/Respondent VS. ELIZABETH ANN CASEY Defendant/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4396 CIVIL IN RE: PETITION FOR EXCLUSIVE POSSESSION ORDER AND NOW, this q ` day of November, 2005, upon request of counsel for the plaintiff and with the concurrence of counsel for the defendant, hearing in the above captioned matter set for December 9, 2005, is continued to Friday, February 10, 2006, at 11:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, PA. ,John Connelly, Jr., Esquire For the Plaintiff/Respondent Richard Wagner, Esquire For the Defendant/Petitioner :rlm '1 BY THE COURT, '?? `?i1J 1 ? ; ? ?il? C??`l7, 1 ,T, ? . ?, ? .? 's u,.? j?i f?Ut ,?? i??`,i? ? ? i;Jl ti John M. Hyams, Esquire PA Supreme Court ID#87327 CUNNINGHAM & CHERNICOFF, P.C. 2320 North Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KIM LEE CASEY, Plaintiff, VS. ELIZABETH ANN CASEY, Defendant, CIVIL ACTION - LAW No. 05-4396 NOTICE OF STAY NOTICE IS HEREBY GIVEN that Kim L. Casey, above-named Plaintiff, has filed a Petition under Chapter 13 of the United States Bankruptcy Code to Case No. 1-06-00189 and as a result thereof, the above-captioned action is stayed until further Order of the United States Bankruptcy Court. The undersigned executes this Notice for purposes of giving notice only; and the providing of this Notice is not intended to enter an appearance in the within case. Respectfully submitted, CUNNIIGHAM & CHERNICOFF, P.C. r? Date: February 9, 2006 By: I Join M. I.D. #87 Esquire 2320 Nd'rth Second Street P.O. Box 60457 Harrisburg, PA 17106-0457 (717) 238-6570 1 CERTIFICATE OF SERVICE I, Julieanne Ametrano, Legal Assistant hereby certify that a true and correct copy of the NOTICE OF STAY was sent by first class mail, postage prepaid and/or facsimile on this day to the following: John J. Connelly, Esquire Courtney L. Kishel, Esquire James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 via facsimile: (717) 533-7771 Date: February 9, 2006 Paul Richard Wagner, Esq. 2233 N. Front Street Harrisburg, PA 17110 via facsimile: (717) 234-7080 Respectfully submitted, CUNNINGHAM & CHERNICOFF, P.C. Ametano F:\H0ME\LFUGE\CASEV\NOTBK2. WPD - ?, .-> -„ -? ._ ,, u. ; __,;;? ?a %` ,?? KIM L. CASEY, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. Plaintiff, : NO: 05-4396 CIVIL CIVIL ACTION - LAW ELIZABETH ANN CASEY, IN DIVORCE Defendant. MOTION FOR APPOINTMENT OF MASTER ELIZABETH ANN CASEY, Defendant, moves the Court to appoint a Master with respect to the following claims: () Divorce (/ Distribution of Property ( )/ Annulment () Support Alimony 0 Counsel Fees () Alimony PendenteLite Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is required. (2) The Plaintiff has appeared in the action by her attorney, JOHN J. CONNELLY, JR., ESQUIRE. (3) The statutory ground(s) for divorce (are): 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): The action is not contested. (b) An agreement has been reached with respect to the following claims: (5) The action (4valve ) (does not involve) complex issues of law or fact. (6) The hearing is expected to take 1/,?days). (7) Additional information, if any, re evant to the m on: None. ?18 Date: agner, Esquire Attorney for Defendant ORDER APPOINTING MASTER AND NOW, , 2006, , Esquire, is appointed master with respect to the following claims: BY THE COURT: J. ?? a : ? e n ? ? ? ?. ,,,;; =- _ ? > ` .?-- :, -, ? :. _ . _ _' 'r- _ r? w? ?' =::a c .? ar a KIM L. CASEY, v. Plaintiff, ELIZABETH ANN CASEY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 05-4396 CIVIL CIVIL ACTION - LAW IN DIVORCE OCT 0 5 2006 i?t`? I r MOTION FOR APPOINTMENT OF MASTER ELIZABETH ANN CASEY, the following claims: (•) Divorce ( )/ Annulment Alimony () Alimony PendenteLite Defendant, moves the Court to appoint a Master with respect to Distribution of Property (), Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claim(s) for which the appointment of a Master is required. (2) The Plaintiff has appeared in the action by her attorney, JOHN J. CONNELLY, JR., ESQUIRE. (3) The statutory ground(s) for divorce Og?(are): 3301(c) and 3301(d) (4) Delete the inapplicable paragraph(s): The action is not contested. (b) An agreement has been reached with respect to the following claims: -A ou (5) The action (h6vlves) (does not involve) complex issues of law or fact. (6) The hearing is expected to take I§days). (7) Additional information, if any, re evant to them on: None. Date: 9 ?i8 agner, Esquire ttorney for Defendant ORDER APPOINTING MASTER AND NOW, 2006, ?A/ Esquire, is appointed master with espect to the following claims: ,moo _ J'l? ?.b71C BY T OURT 15 0a J. `? y S= 4 > -- r-- r Lt.. ~ r 2 , ?-- z Ll r A Curtis R. Long Prothonotary Office of the i3rotbonotarp Cumberfalab Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 05 -q-3 Q L CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573