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Home My WebLink About02-1791DENISE CULLEY PLAINTIFF VS KEVIN P. CULLEY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : C1VIL ACTION - D1VORCE . :NO. aa- ~/ ~ -~'~ 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. 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 fights 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 first floor in the 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 1-800-990-9108 DENISE CULLEY PLAINTIFF VS KEVIN P. CULLEY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : C1VIL ACTION - DIVORCE :NO. 0,,2- /Tql COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Denise Culley, by her attorney, Gail Guida Souders, Esquire, and pursuant to Section 3301 (c) of the Pennsylvania Divorce Code, seeks to obtain a Decree in Divorce from the Defendant, Kevin P. Culley, upon the grounds set forth: COUNT I DIVORCE PURSUANT TO SECTION 3301 (c) OF THE DIVORCE CODE 4. The Plaintiff, Denise Culley, is an adult individual residing at 6977 Wertzville Road, Enola, Cumberland County, Pennsylvania, 17025. 5. The Defendant, Kevin P. Culley, is an adult individual residing at 6977 Wertzville Road, Enola, Cumberland County, Pennsylvania, 17025. 6. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 1, 1987 in Gailitzin, Pennsylvania, 16641. 5. Plaintiff avers that there are four (4) children under the age of 18; namely, Jesse Culley, born April 29, 1987, Josh Culley, born March 29, 1989, Brooke Culley, born August 28, 1994, and Justin Culley, born August 26 1998. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. Neither of the parties in this action is presently a member of the Armed Forces. 8. The Plaintiff and Defendant are both citizens of the United States of America. 9. The marriage is irretrievably broken. 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff prays this Court to enter a Decree in Divorce. COUNT II DIVORCE PURSUANT TO SECTION 3301 la) {6) 11. Plaintiff repeats and re-alleges the averments contained in paragraphs 1 through 10 as if more fully set out at length herein. 12. Plaintiff avers that she is the innocent and injured spouse and that the Defendant has offered such indignities to her as to render her condition intolerable and life burdensome. 13. 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. WHEREFORE, Plaintiff prays this Court to enter a Decree in Divorce pursuant to Section 3301 (a) (6) of the Divorce Code. COUNT Ill EQUITABLE DISTRIBUTION 14. Paragraphs 1 through 13 are incorporated herein by reference as if set forth at length. 15. Both parties are owners of property requiring equitable distribution. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide the marital property of the parties in accordance with the Divorce Code. COUNT IV REQUEST FOR ALIMONY PENDENTE LITE~ COUNSEL FEES~ COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 16. Paragraphs 1 through 15 are incorporated herein by reference as if set forth at length. 17. Plaintiff is without sufficient assets and income to support her and to pay her attorney's fees and the costs and expenses of this action. 18. Defendant has sufficient earning capacity to support the Plaintiff and to pay the Plaintiff's attorney's fees and the costs and expenses of this action. 19. Plaintiff requests the Court to order the Defendant to support the Plaintiff during the pendency of this action and to pay Plaintiff's counsel fees, expenses and the costs of this action, pursuant to Section 3702 of the Divorce Code. WHEREFORE, the Plaintiff prays Your Honorable Court to order Defendant to pay alimony pendente lite, counsel fees, expenses and costs of this action. COUNT V REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 20. Paragraphs 1 through 19 inclusive of Count I are specifically incorporated by reference as though fully set forth hereinafter. 21. Plaintiff lacks sufficient property to provide for her reasonable needs. 22. Plaintiff is unable to sufficiently support herself through appropriate employment. 23. Defendant has sufficient property, assets, and income to provide continuing support for the Plaintiff. 24. Plaintiff requests the Court to order the Defendant to pay alimony pursuant to Section 3701 of the Divorce Code. WEREFORE, Plaintiff prays that Your Honorable Court to emer a Decree as follows: (a) dissolving the marriage between the parties; (b) equitably distributing, dividing or assigning the marital property of the parties; (c) ordering Defendant to pay alimony to Plaintiff; and (d) granting such other further relief as the Court deems appropriate. Respectfully submitted, Gail Guida Souders, Esquire Attorney for Plaintiff Guida Law Offices, P.C. 503 North Front Street Harrisburg, PA 17101 Supreme Court ID # 68740 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. § 4904, relating to unsworn falsification to authorities. ATTORNEY FOR PLAINTIFF DENISE CULLEY PLAINTIFF VS KEVIN P. CULLEY DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - DIVORCE : : NO. 02-1791 Civil Term CERTIFICATE OF SERVICE I hereby certify that I am this day serving the Divorce Complaint upon the persons and in the manner indicated below, which service satisfies the requirements of Pennsylvania Rule of Civil Procedure, 403: Service by certified mail to: Kevin P. Culley 6977 Wertzville Road Enola, PA 17025 Date: April 22, 2002 Guida Law Offices, P.C. 503 N. Front St. Harrisburg, PA 17101 (717) 236-6440 Supreme Court ID #68740 · Comptete items 1, 2, and 3. Also complete item 4 if 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 mailpieca, or on the front if space permits. 1. Arifole Addressed to: 2. Article Number [] Agent [] Addm~ee ~17 []Yes if YE& a~er de, ivey addn~s below: [~'~o Service Type [] Certified Mair ~ [] Express Mail [] Registered r'l Return Recaipt for Merchand~e [] Insured Mail [] C.O.D. Restricted Daiive~y? (Extra Fee) [] Yes Form 3811, M~,~h 2001 Oome~c ~ ~ 102.~95-01-M-1424 .PRAECIPE DENISE CULLEY Plaintiff VS KEVIN P. CULLEY Defendant : IN TEE COURT OF CO~ON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-DIVORCE : No. 02-~9~ CIVIL TE~M To Prothonotary: Please WITHDRAW the complaint in the above-mentioned case. Date: May 1, 2002 Respectfully submitted, Guida Law Offices, P.C. 503 North Front Street Harrisburg, PA 17101 717-236-6440 Identification #68740 Attorney for Plaintiff