Loading...
HomeMy WebLinkAbout05-6156 MARCELLA D. KELLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. OS'-~IS-b Civil Term MICHAEL B. KELLEY, Defendant : ACTION 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 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE TillS 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 St. Carlisle, Pa. 17013 (717) 249-3166 MARCELLA D. KELLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. DS" -l./S~ : ACTION IN DIVORCE Civil Term MICHAEL B. KELLEY, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Marcella D. Kelley, a competent adult individual, who resides at 502 3rd St., Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Michael B. Kelley, a competent adult individual, who resides at 257 Parkway Drive, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 15,1977 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have children together; however, they are adults. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. . 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. 94904 relating to unsworn falsification to authorities. Respectfully submitted, Date: It - 29-6i;-- Adams, Esquire .D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF D ~ "- ~ 7f. ..a ' . C> -- ~ ~ ~ ~ ~ ~ \)-tJ "" -p: :ft !,,<.) (-) ~; "';1 t,;'<' '-j .> < ~.::"1':"..) l:,' , C) C_' -,-, t;,? Ul en MARCELLA D. KELLEY, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 6S-f-/5"(." Civil Term MICHAEL B. KELLEY, Defendant : ACTION IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated in February 8, 2003, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 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. 94904 relating to unsworn falsification to authorities. DateJI-2. 9 - 0 S- C') C,) 0) e'i ~'"...\ MARCELLA D. KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 6156 Civil Term MICHAEL B. KELLEY, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this December 12, 2005, I, Jane Adams, Esquire, hereby certify that on December 5, 2005, a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, AND AFFIDAVIT OF SEPARATION, were served, via certified mail, return receipt requested, addressed to: Michael B. Kelley 257 Parkway Drive Carlisle, Pa. 17013 DEFENDANT SENDER' COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY . Complete items 1, 2, and 3. Also complete item 411 Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: A. Signature X/JU- nt ddressee C" D~te ,;U.-Deliv3Pf ~11'c~~U-L U') -VJ D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: ro ~~~.l~ 1.5'l ?~ ~ ~,'Vc..~Ol3 3. Service Type ~Certified Mall b Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.O.D. 4. Restricted Delivery? (Extra Fee) )<l; Ves 2. Article Number (T Tans'sr from service laba : PS Form 3611, February 2004 7003 1010 0004 7818 6947 Domestic Return Receipt 1025&5-02-M-1540 Respectfully O:~ an Adams, Esquire . . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF C:l ~~> .., ',.--., '~ ' {-~ " {-'. " .- MARCELLA D. KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 6156 Civil Term MICHAEL B. KELLEY, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on November 30, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 consent to the entry of a fmal 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: J-/6.-~6 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~330Hc) AND &330Hd) OF THE DIVORCE CODE J. I consent to entry of a fmal 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 ] 8 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: :J - /6 - &-6 ~LJ~ Michael B. Kelley, Defendant o c: ......' c::> s; (J -n .-l :r.:-n rnp -C,)l;:D '.J"-'" ,-"..:.., ~ j~(, ..'.,....4., ; (':) -:',:::rn ~....) .-~\ )> :~ :::1.':1: ~ ::;::J r" c:> .." -:',.~ ry -::;) 1'_' MARCELLA D. KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 6156 Civil Term MICHAEL B. KELLEY, Defendant ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under &3301 ( c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, return-receipt requested, on: February 27, 2004. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: March 29, 2006 By Defendant: March 16, 2006 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: March 20, 2006 Date Plaintiffs Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: March 29, 2006 Date: 3 J.~Cf !OlP Respectfully SUb~ltted: ,--.. (Q / J e Adams, Esquire D. No. 79465 64 S. Pitt Street Carlisle, Pa. 170 I3 (717) 245-8508 Attorney for Plaintiff "",,1' (;0~ CJ' l~ -) -on .-~.l ~ -~.- v..., ,;.-v \11 r',,) \,0 -',n (7. MARCELLA D. KELLEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 6156 Civil Term MICHAEL B. KELLEY, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under section 3301(c) of the Divorce Code was filed on November 30, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a fmal 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 3 )., 9 . ~ WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 63301(.) AND 6330l(dl OF THE DIVORCE CODE I. I consent to 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: ~~q . lo (") ~-:: J:- C~ '''' ;=-: {,T, C'-., -Jl '" ..:," :=;-J r~,) ~.:) :.:J lTl_~' I~- i'i' :+;+ ;t';+; . .. . . . :t: c+. :+:~;t';+; :to: ... . :t: :+;:+; :t:~:+: ;t'~~:+::t::t::+::+::+;:+: :+;:+;:+:+;t':+:+:t::+::+::+:+~ . . . . + . . . + . . . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , , . . . . . . . . , . . . . . . , . , . . . + . . + . , . . . + . . . . , . . , . . . , . , . . , , . . . , :+::+:'f'f'f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Marcella D. Kelley, Plaintiff PENNA. STATE OF No. 2005 - 6156 Civil Term No. VERSUS Michael B. Kelley, Defendant DECREE IN DIVORCE o::r J. ~A. ~O". IT IS ORDERED AND AND NOW,__ ~~ Marcella D. Kelley , PLAINTIFF. DECREED THAT Michael B. Kelley AND , DEFENDANT. 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; the marriage settlement agreement which was executed January 4,2006, and filed January 5, 2006, shall be incorporated al!clrlOt merged into this Decree. .------- ,/ A"C", ~ a '. (~ PROTHONOTARY :t''f'f 'f:+::+:'f;t''l' ++++;t'+ +':+:+ +'I':+:++:+:'f'l':t:+ ++++'+ ++'+:t'~:t'+++ . . . . + + . . . . . . . . . . . . J. . . . . + . . . . . . . . . + . . + . . . . + . . . . . . . . . . . . + . . . . . . + . , + + + . + . + , . . . . . . . . . , + . . . + +' +:+;'+: .d_ 1 '" ,.;';r(':';'->-,' /'-::>'7 ~ ,J::l'7r /' I'll . ," '''0,' J.. ~ L ~ " '-.. 1/ c..,Y}/17 jLp ;'2 rJl'2.~ 4/d{} J"?;; '?O. ~// .