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HomeMy WebLinkAbout02-1148LEONARD FINCH, Plaintiff CATHY M. McKEE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 0ii- //q¢ CIVIL TERM 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. 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, Cumberland County Courthouse, 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 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 comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LEONARD FINCH, Plaintiff CATHY M. McKEE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW IN DIVORCE NO. ca-Ii cxv [ TErn COMPLAINT FOR DIVORCE The plaintiff, Leonard Finch, by his attorneys, the Family Law Clinic, sets forth the following cause of action for divorce: COUNT I. DIVORCE UNDER 23 Pa.C.S. §§ 3301(c) and 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Leonard Finch, who is currently incarcerated in the Cumberland County Prison, Carlisle, PA, since October 5, 2001. 2. Defendant is Cathy M. McKee, who currently resides at 47 Buttonwood Lane, Carlisle, PA 17013, since September 1998. 3. Defendant has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on December 31, 1998, in Carlisle, PA. 5. Plaintiff and defendant have lived separate and apart since on or about June 15, 2000. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken. 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. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Date ~derick R. Ba~t Certified Legal Intern ~-~h~as M. Place Robert E. Rains Teri L. Henning Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 VERIFICATION I verify that the statements made in the foregoing Complaint for Divorce are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Leonard Finch LEONARD FINCH, Plaintiff CATHY M. McKEE, Defendant To the Prothonotary: IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 02- PRAECIPE TO PROCEED IN FORMA PAUPERIS CIVIL TERM Kindly allow Leonard Finch, Plaintiff, to proceed in forma pauperis. I, Megan Malone, Certified Legal Intern in the Family Law Clinic, for the party proceeding in fonna pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Dit~ ! iMed Legal Intern . · PLACE Supervising Attorney LUCY JOHNSTON-WALSH Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 LEONARD FINCH, Plaintiff CATHY M. MCKEE Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : :NO. 02-1148 CIVILTERM PROOF OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C.S. §4904 (relating to unswom falsification to authorities), the undersigned verifies that the Family Law Clinic mailed a true copy of the Divorce Complaint with Custody Count on the Defendant by placing the same in the U.S. Mall, certified no. 7099 3400 0018 4996 9237, restricted delivery, return receipt requested, postage prepaid, on the 23rd day of April, 2001 addressed as follows: Cathy M. McKee 47 Buttonwood Lane Carlisle, PA 17013 Sender's receipt no.7099 3400 0018 4996 9237 is attached hereto and incorporated by reference. On or about 18th day of March, 2002, green return receipt no. 7099 3400 0018 9237 was delivered to the Family Law Clinic, bearing the signature of Cathy M. McKee and showing a date of service of March 14th, 2002. The return receipt is attached hereto and incorporated by reference. Dated: ~Frederick R.'-Batta~lia - Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 O ' · Complete ltem~ l, 2, Item 4 If Restricted Dellvee/I$ deelead. . · Prtntyo~rnameandr~-~onthem · Attach this carol to the back of the mallp~, o~ on the front If _~__ pe~mlt~ Ir1'E~ e~m' dllv~y I~le laelow: r-INo O Ex~ M~ ,~ Relum P~3e~10t fo~ Merchandise [] C.O.D. 4. ReStl'~-'ted Dellv~y? ~ Fee) ~Yes 2. Article Number (Copy ~m sen//ce/abe/) 7o?¢ :~ 5,'a~ ~,/,5' '-/'/?~, '~,a~7. 102595-99-M-1789 LEONARD FINCH, Plaintiff CATHY M. McKEE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CiVIL ACTION - LAW : IN DIVORCE : NO. 02-1148 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 23 Pa. Section 3301(c), 3301(d) and 3301(a)(6) of the Divorce Code was filed on March 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. Date~ 'Le~nai:~ D. Finch, Plairkiff LEONARD FINCH, Plaintiff CATHY M. McKEE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO. 02-1148 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF ~ 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date ,'Leonm'd D. Finch, Plaintiff RECEIVED AUG 2 6 LEONARD FINCH, Plaintiff CATHY M. McKEE, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE : NO. 02-1148 CIVIL TERM AFFIDAVIT OF CON~qENT I. A Complaint in Divorce under 23 Pa. Section 3301(c), 3301(d) and 3301(a)(6) of the Divorce Code was filed on March 7, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. ~4904, relating to unsworn falsification to authorities. Date. c 9J, tm. am3oM. McKee, Defendant LEONARD FINCH, Plaintiff CATHY M. Mci<LEE, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : CD/l]_. ACTION - LAW · IN DIVORCE · NO. 02-1148 CD/IL TERM .WAIVER OF NOTICE OF INTENTION TO REQUEST _ENTRY OF A DIVORCE DECRF. F, UNDER §3301(c) OF T~t~: 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. 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 LEONARD FINCH, Plaintiff CATHY M. McKEE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 02-1148 CIVIL TERM _CERTIFICATE OF SERVICE I, Suzanne H. Rhodes, hereby certify that I am serving a true and correct copy of the Plaintiff's Affidavit of Consent and Waiver of Notice and the Defendant's Affidavit of Consent and Waiver of Notice on Cathy M. McKee at 47 Buttonwood Lane, Carlisle, PA17013 by depositing a copy of the same in the United States mail, this ~ff day o~ 2002. Date Suzanne H. Rhodes Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 LEONARD FINCH, Plaintiff CATHY M. McKEE, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO. 02-1148 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Please 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) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery, return receipt requested, signed for by the Defendant on March 14, 2002. 3. Date of execution of the Plaintiffs Affidavit required by § 3301 (c) of the Divorce Code: August 19, 2002; by defendant August 15, 2002. Date of filing and service of the Plaintiffs Affidavit upon the Defendant: September 3, 2002. 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of Notice was filed with the prothonotary: September 3, 2002. Date Defendants Waiver of Notice was filed with the prothonotary: September 3, 2002. Date q/ /oa SuTzanlte H. Rhodes ed Legal Intern ROBER/~E. INS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. Finch p! ~!~.tif f VERSUS Cathy M. McKee n=~ndant NO. 02-1148 DECREE IN DIVORCE AND NOW, ~.~'~3~C/.'~,d [Z- 2002 ! DECREED THAT Leonard Finch AND Cathy M. McKee ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; By ThE COUrt: ATTE~:' dPROTHONOTARY