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Home My WebLink About02-3492MICHAEL W. FOX, JERILYNN FOX, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. - 3qqg 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 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 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, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. 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 Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier quej a o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 MICHAEL W. FOX, JERILYNN FOX, Plaintiff Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Michael W. Fox, by his attorney, Kathleen Carey Daley, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Michael W. Fox, is an adult individual who resides at 17 East Front Street, Apartment 201, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. The Defendant, Jerilynn Fox, is an adult individual who resides at 194 Ashford Drive, Enola, Cumberland County, Pennsylvania 17035. 3. The Plaintiffhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 26, 1997, in Harrisburg, Pennsylvania. The Plaintiff and Defendant are both citizens of the United States of America. There have been no prior actions in divome between the parties. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8. Plaintiffhas been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. 9. The causes of action and sections of Divorce Code under which Plaintiffis proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plainfiffintends to file an Affidavit consenting to a divome. Plaintiffbelieves that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on November 1, 2000. WHEREFORE, the Plaintiffprays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. 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.A. §4904 relating to unswom falsification to authorities. Date: By: Kat l~e~en Carey Daley,~re Attorney No. 30078 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff 9 MICHAEL W. FOX, Plaintiff Vo JERILYNN FOX, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-3492 CIVIL TERM : IN DIVORCE 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 ifI 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 a!~er 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.A. {}4904 relating to unsworn falsification to authorities. MICHAEL W. FOX, Plaintiff Ye JERII,YNN FOX, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02-3492 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 23,2002. 2. A Complaim in Divorce under §3301(c) of the Divorce Code was filed on July 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 emry ora 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.A. §4904 relating to unswom falsification to authorities. B //Mi~hae[~;V. F~x, Plaintiff / ?0 MICHAEL W. FOX, Plaintiff V. JERILYNN FOX, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3492 CIVIL TERM : 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. By: MICHAEL W. FOX, Plaintiff V. JERH,YNN FOX, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3492 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 23,2002. 2. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on July 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.A. §4904 relating to unswom falsification to authorities. Date: ~'ilynn~l~'6xt~D efendant MICHAEL W. FOX, : Plaintiff : V. : JERILYNN FOX, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3492 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE Cara A. Boyanowksi, Esquire, being duly sworn according to law, deposes and says that she is an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 29th day of July, 2002, DALEY LAW OFFICES did serve upon JeriLylm Fox, the Defendant in the foregoing case, a tree and correct copy of the Complaint in Divorce by sending to her by U. S. Postal Service, certified mail, return receipt requested, restricted delivery, to 194 Ashford Drive, Enola, Pennsylvania 17035. The receipt for said Complaint is attached. Said copy of the Complaint was duly endorsed with notice to Defendant to appear and answer or the matter would proceed without her. Sworn to and subscribed before me this ,.~dayof (~0x~0~l-& ,20~ NOTARIAL SEAL PATRICIA A. PATTON, Notary Publ~ Lower Paxto~ Twp., Dauphin County My Commission Expires June 20, 2006 Cara A. Boyanowski, ]Esquire Attorney No. 68736 DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 717-657-4795 Attorney for Plaintiff · Complete 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 mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number (Transfer from service label) Agent Name) ~ate of Deliver/ D. Is deiive~ address different ~ item 17 [] Yes If YES, enter deiivery address below: [] No I [] R~-~.~'lSletum Receipt for Merchandise Ma,, PS Form 3811, August 2001 Domeatic Return Receipt 102595-01-M-2509 MICHAEL W. FOX, Plaintiff V. JERILYNN FOX, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-3492 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under §§3301(c) and 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: July 29, 2002 by U. S. Postal Service certified mail, return receipt requested, restricted delivery. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff.' October 31, 2002; by Defendant: October 31, 2002. (b)(1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: October 31, 2002; (2) Date of filing and service of the Plaintiffs Affidavit upon the respondent: ~Ji ~ 4. Related claims pending: None 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record; a copy of which is attached: I~ !~ (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 1 1 / 8 / 0 2 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 1 1 / 8 [ 0 2 Attorney No. 68736 DALEY LAW OFFICES 1029 Scenery Drive Harrisburg, PA 17109 717-65%4795 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS STATE OF MICHAEL W. FOX, Plaintiff Of CUMBERLAND COUNTY PENNA. VERSUS JERILYNN FOX, Defendant NO. 02-3492 CIVIL TERM AND NOW, DECREED THAT Decree IN DIVORCE MICHAEL W. FOX ORDERED AND , PLAINTIFF, AND JE.U. IL_V..~!~.. FOX , 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 By ThE~Urt: ATTEST PROTHONOTARY