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Home My WebLink About95-04833 . GL.ENN M. KIMMEY. III IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plalnllff, vs. CIVIL AcrlON - LAW CRYSTAL L. KIMMEY NO.: tiS -- JtR33 C,:....._.QT~O"\ IN DIVORCE Defendant. 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 aellon, You arc warned that If you fall to do 80, the case may proceed without you, and a Decree of Divorce or annulment may be entered aaainst 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 you, Including custody or visitation of your children. When the grounds of the divorce are Indignities or Irretrievable breakdown of the marrlaae, you may request marriage counselling. A list of marriage counsellors Is available In the Office of the Prothonotary, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY. LAWYERS 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 COURT ADMINISTRATOR'S OFFICE Cumberland County Court House Fourth Floor One Court House Square Carlisle, Pennsylvania 171113 (717) 2411-6211() , .' VI. IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY,PENNSYLVANIA CIVIL ACfION - LAW GLENN M. KIMMEY, III Plaintiff, CRYSTAL L. KIMMEY NO.: Defendant. IN DIVORCE NOTICIA Lc han demandado a usted en la corte. SI usted gulere defenderse de estas demandas ll11pueatu en In paa1nas liaulentes, usted tlene viente (20) dias de pl87'o al partir de la fecha de la demanda y la nnlincatlon. Usled debc presentar una aparlencla escrlla 0 en persona 0 par ablla.lltl y archlvar en la curte en forma escrlla sus defensas 0 sus objcctlones a las demandas en contra de IU perlona. Sea avlsadn que sl usted no se denende, la corte tomara medldas y puede entrar una orden contra usted Iln prevlo avlso 0 noliflcatlon y par cualquler queja 0 allvlo 'lUll el J'Cdldo en I. petlclon de demanda. Usted puede dlnero 0 sus propledades 0 otros derechol Importantel para usted, LLEVI ISTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE AIOGADO 0 II NO TIENE EL DINERO SVFICIENTE DE 'AGAR TAL SERVICIO, VA Y A EN 'ERSONA 0 LLAME POR TELEFONO A LA OFICINA CVY A DlRECCION II ENCVENTRA ISCRITA ABAJO 'ARA A VERIGVAR DONDE SV 'VEDE CONIIGVIIl AIISTENCIA LEGAL. CUMBERLAND COUNTY COURT ADMINISTRATOR'S OFFICE Cumberland County Court House Fourth Floor One Court House Square Carlisle, Pennsylvania 17013 (717) 2411-62110 GLENN M. KIMMEY, III IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PlalntlCC, vs. CIVIL ACfION - LAW CRYSTAL L. KIMMEY NO.: Defendant. IN DIVORCE COMPLAINT NOW COMES the PlalntiCfby his allorney, Karl M. Lcdebohm, and brings the following complaint: COUNT NO. I: SECI'ION 2011A\l61 OF THE DIVORCE CODE 1. PlalntlfC Is an adult Individual who resides at 4 Linden Court, Camp Hili, Cumberland County, Pennsylvania, 17011. 2. DeCendant Is an adult Imllvidual who resides at 4 Linden Court, Camp Hili, Cumberland County, Pennsylvania, 171111. 3. DeCendant has been a bonaClde resident In the Commonweallh oC Pennsylvania for at least six (6) months Immediately previously to the filing oC this complaint. 4. The parties were lawCully married on or about August 5, 19119. 5, PlalntlCC avers that there arc Iwo children of the marriage under the age oC Ill; namely, Krisla N. Kimmey, born on July 17, 19116, and Donald 0, Kimmey, born on August 3, 19117. 6, There have been no prior actions of divorce or Cor annulment between Ihe parties, 7. PlalntlCC avers that the grounds upon which this aCllon Is hascd are that DeCendant has oCCered such Indlgnilles 10 the person of Ihe PlalntlCf, Ihe innocent nnd Injured sJlllusc, as 10 render PlalntiCf's condition Inlolernble IInd life hurdensome. " 8. Plaintiff has been advised of the availability of counseling and has further been IIdvlscd that Plaintiff may have the right to request that the Court require the parties to participate In counseling. WHEREFORE, the Plaintiff prays the Honorable Court to enter a Decree In Dlvorcc. divorcing the Plaintiff from the bonds of matrimony heretofore contracled belween the Plaintiff and the Dcfendant. ~()UNT NO. II: SECfION 330UC) OF THE DIVORCE CODE 9. The allegations as set forth In Paragraph~ 1 through 8 of Count No. 1 are Incorporated herein by reference. 10. The marriage Is Irretrievably broken. WHEREFORE. the Plaintiff prays your Honorable Court to enter a Decrec In Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore contracted between the Plaintiff and the Defendant. COUNT NO. III: EOUITABLE DISTRIBUTION 11. Paragraphs I through \lIof this Complaint are Incorporaled herein by reference as though set forth In full. 12, Plaintiff and Defendant have acquired property. both real and personal, during their marriage, which property Is "marllal property", 13. Plaintiff and Defendant may have owned. (lrior to the marriage, property which has Increased In value during the marriage and/or which hilS hecn exchllngcd for olhcr property. , which has Increased In value during Ihe marriage, all of which pruperly Is "marllal properly". 14. Plalnllff and Defendant have been unahle 10 agree as to an equltahle division of said properly prior 10 the riling of this Complaint. WHEREFORE, Plaintiff requests your Honorahle Court to equltahly divide all marllal properly. Respectfully suhmllted this 4* day of ~. 1995. Kar M. Lcdehohm. Esquire Allorney for Plalntlrr Allorney 1.0. No.: 59012 310 Third Streel P.O Box 236 New Cumberland, PA 17070-0236 (717)774-3122 . COMMONWEALTH OF PENNSYLVANIA COUNTY OF C wJJerLtLd, ) ) ss: ) I, Olenn M. Kimmey, III, Plaintiff In the foregoing action, being duly sworn accordlna to law, depose and say: That I certify 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. Section 4904, relating to unsworn falsifications to authorities. Subscribed and sworn to before me the underslaned Notary Public, this C('I-A day of oS riP'" 11#1- , 1995. ~L'w...) 'lIt (\/ed, )/OW Notary Public My Commission Expires: Notarla' Sea' UU M. Le<IIboI'm. Notary Public New Cumbtlrland BNO. Cumtlorland County My ComnlllSlon E.p/ru Julr 20. '''' Men_. ~rilAl&oaallon~~ Vs, GLENN M, KIMMEY, III, PlaintitT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No, 95-4833 Civil Tenn CRYSTAL L, KIMMEY, Defendant CIVIL ACTION. LA W IN DIVORCE To: Glenn M. Kimmey, III c/o Karl M. Ledebohm, Esquire 310 Third Street P.O. Box 236 New Cumberland, Pa. 17070 You are hereby notified to plead to the within Counterclaim within twenty (20) days after date of selVice hereof. Respectfully submitted, BY: to-<. Diane M. Rupic ,Esquire 10 17 North Front Street Harrisburg, P A 17102 (717) 232-9724 1.0. No, 71873 Date: August 20, 1997 "".... ..-.-:_.;"..."fi.' ,'''.'' _. _, .. ... GLENN M. KIMMEY, III, PlaintitT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSVL VANIA Vs. NO. 95-4833 Civil Tenn CRYSTAL L. KIMMEV, Defendant IN DIVORCE AND NOW, this cl..O day of August. 1997, comes the Defendant. Crystal Kimmey, by her attorney, Diane M. Rupich. and respectfully answers as follows: I. PIfI8I'IPh one (I) is admitted in part and denied in part. The Plaintiff resides with the Defendant at 4 Linden Court, Camp Hill, Pennsylvania several days during the week and during the other days, he resides with his girlfriend somewhere in Cumberland County, Pennsylvania. 2. Paragraph two (2) is admitted. -I- ': J-. 3. puqraph three (3) is admitted. 4. puqraph four (4) is admitted. 5. puqraph five (5) is admitted. 6. puqraph six (6) is admitted. 7. Parqraph seven (7) is denied. It is denied that the Defendant has offered such indipidcs to the person of the Plaintiff so as to render his condition intolerable and life burdensome. It is further denied that the Plaintiff is the innocent and injured spouse. Proof is demanded for the allegations contained in Paragraph seven (7) as said allegations are within the exclusive knowledge and control of the Plaintiff. and the Defendant. after reasonable investigation. is without knowledge of the same. 8. Paragraph eight (8) requires no answer. -2- WHEREFORE, Defendant respectfully requests your Honorable Court to deny the Plaintltrs request for the entry of a Decree in Divorce_ 9. PlII'8gIllph nine (9) requires no answer. 10. PlII'lIgIlIph ten (10) Is denied, It is denied that the marriage is Irretrievably broken, and proof Is demanded for the allegations contained in Paragraph ten (10) as said allegations are within the exclusive knowledge and control of the Plaintiff, and Defendant, after reasonable investigation. is without knowledge of the same. WHEREFORE, Defendant respectfully requests your Honorable Court to deny the Plaintitrs request for the entry of a Decree in Divorce. -3- II. Plf88l'8Ph eleven (II) requires no answer. 12. Parqraph twelve (12) is admitted. 13. Plf88l'8Ph thirteen (13) is admitted. 14. Parqraph fourteen (14) is admitted, WHEREFORE, Defendant respectfully requests your Honorable Court to deny the PI.intlWs request to equitably distribute all property between the parties. Wll.NIEIlCLAlM I S. Defendant, counterclaim Plaintiff. Crystal Kimmey, hereby avers that she Is unable .4. to support herself during the pendency of the divorce action filed by Plaintiff counterclaim Defendant. 16. Defendant counterclaim Plaintiff hereby avers that Plaintiff counterclaim Defendant is able to support her during the pendency of this divorce action, and that the Plaintiff counterclaim Defendant has sufficient funds in which to pay her alimony pendente lite. 17. Defendant counterclaim Plaintiff hereby avers that she does not have sufficient fUnds to pay counsel fees, costs and expenses incidental to defending the divorce action filed by the Plaintiff counterclaim Defendant. 18. Defendant counterclaim Plaintiff hereby avers that the Plaintiff counterclaim Defendant does have sufficient funds in which to pay her counsel fees, all costs and expenses incidental to this action. .s. 19. Defendant counterclaim Plaintiff hereby avers that should the Plaintiff COWlterclaim Defendant be successful in obtaining a Decree in Divorce, that she does not have sufficient funds in which to support herself in the manner in which she has grown accustomed to during the marriage. 20. Defendant counterclaim Plaintiff hereby avers that the Plaintiff Counterclaim Defendant does have sufficient funds in which to pay her alimony. WHEREFORE, Defendant counterclaim Plaintiff prays your Honorable Court to grant her alimony, alimony pendente lite, counsel fees, costs and expenses incidental to the above captioned divorce action. Respectfully submitted, DILS & RUPICH BY: L . iane M. Rupich, E uire 1017 North Front Street lIarrisburg. Pa, 17102 (717) 232.9724 .6. I.D. No, 71873 I veritY that the statements made ANSWER TO COMPLAINT WITH COUNTERCLAIM . In this , 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. (' ~ ~. ~ CRY AL L. KIMMEY Date: r45l1 I. Diane M. Rupich, Esquire. hereby certify that a true and correct copy of the within Answer to Complaint with Counterclaim has been served upon the following individual by first class. United States mail, postage prepaid. by depositing a copy of same at the post office in Harrisburg, Pennsylvania on the 20U' day ofAlliJ1IIt, 1997. addressed as follows: Karl M. Ledebohm. Esquire 3 I 0 Third Street P.O. Box 236 New Cumberland, Pa. 17070 Respectfully submitted. k ~--- BY: ) Dione M~' Eoqui.. 1017 North Front Street Harrisburg, P A 17 102 (7 I 7) 232.9724 1.0. No, 71873 Date: August 20. 1997