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HomeMy WebLinkAbout02-5158 CYNTHIA L. GINGRICH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. NO. a~ - S'IS'? eIU'LCI~ DAVID L. GINGRICH, JR., 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 agains. you by the court. A judgment may also be entered against ydu for any other claim or relief requested in these papers by t~~ plaintiff. You may lose money or property or other rights impo~tant 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 at the Cumberland County Court House, 1 Courthouse Square, Carlisle, PA 17013. 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 Telephone No. 1-800-990-9108 or 249-3166 L #''''~ .;{2?1::~ $andra L. Me1.1ton, o. 32551 Attorney for Plaintiff ...-,_._._,~-_.~_.__.. ~~-~""""--~__.-........_u.........,,,,,., CYNTHIA L. GINGRICH, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0;).- .s/~P ~u;LY~ IN DIVORCE DAVID L. GINGRICH, JR., Defendant COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Cynthia L. Gingrich, an adul t individual who is sui j uris and resides at 3444 Walnut Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is David L. Gingrich, Jr., an adult individual who is sui juris and whose address is 527 Ninth Street, P.O. Box 61, New Cumberland, Pennsylvania 17070. 3. Both Plaintiff and Defendant have been bona fide residents in 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 April 1, 1995 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. The Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. The Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; and B. For such further relief as the Court may determine equitable and just. TUCKER ARENSBERG & SWARTZ By: ~~~~ / Sandra L. eilton No. 32551 P.O. Box 889 Harrisburg, PA 17108 (717) 234-4121 Attorney for Plaintiff VERIFICATION 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. Section 4904, relating to unsworn falsification to authorities. ~rA'~ % ~u1 Cynth' L. Gingr h Dated: 1(J/9/~~ 53465,1 .......... Ov () ..0 ~ -;tJ tt (0~ tt~ ~ ~ () ~ -u f-p:- ~ 'D ("~ r.~ o I'~ c: ~:" 0 ;'h ;4, ::?t}1, Z:J:-~ N - ],) :z: \ .1'" ,,:, (f>.,. 2. t.j ;f zc. ~o t:? >-c: ~ ~ , .~., , -"j:;;;':': ~'., ~ ,f ."', t~r' ,C) , ~ ).;~ ~ ~ CYNTHIA L. GINGRICH, Plaintiff : IN THE COUHT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO, 02-5158 Civil Term DAVID L. GINGRICH, JR., Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint for Divorce in the above matter on behalf of the Defendant, David L. Gingrich, Jr. Date: \ 0 "- ~ q ~ 0;).... /~.. /'/ // / / ;/ 54073,1 ('\ ,,,,",, .... (") C) ,,~..... c: 1'.:1 ~':- .'"' Z q ~ v cF C) rn -? ;J>,'::: ...:-. ~~~~ :'0 -.:-" . r:: 3;=- ;'t'l!o 2; ~--;; >c '..r::J ~) -:.;- s;:: ~- :.n =< f\J ::0 -< . CYNTHIA L. GINGRICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 02-5158 Civil Term DAVID L. GINGRICH, JR., Defendant : IN DIVORCE .PETITION TO WITHDRAW AS COUNSEL AND NOW, comes Sandra L. Meilton for the law firm of Tucker Arensberg, P.C. and hereby avers the following: 1. On or about September 30, 2002, Petitioner began performing legal services on behalf of Plaintiff in the above matter. 2 The last telephone communication between Plaintiff and Petitioner's staff was on April 1, 2003. Petitioner's paralegal attempted to reach the Plaintiff after that time and no return calls were ever received from Plaintiff. 3 Petitioner wrote to Plaintiff in April, 2003, to which no response was received. 4. Petitioner again wrote to Plaintiff on October 22, 2003 advising that a Petition to Withdraw would be filed. This letter enclosed a Consent for Plaintiff's signature. 5. Plaintiff wrote to Petitioner on October 31, 2003 requesting reconsideration to the filing of the Petition to Withdraw and enclosing a partial payment for legal services. Plaintiff's letter further indicated that she would continue to pay Petitioner on a biweekly basis until the account was paid in full. 6, No further communication or payment has been received from Plaintiff and over a year has passed since Plaintiff's letter of October, 2003. 7. Petitioner again wrote to Plaintiff on November 24, 2004 enclosing a Consent and also advising that a Petition to Withdraw would be filed with the Court. Said letter has not been returned to Petitioner nor has there been any response from the Plaintiff. 8. Plaintiff is indebted financially to Petitioner's law firm for legal services performed on her behalf, both with regard to the within divorce action as well as for real estate matters with a current balance in excess of $1,500.00. 9. Defendant's counsel does not oppose Petitioner's request to withdraw from the case. 10. Withdrawal of the Petitioner from the case will not materially prejudice Plaintiff or delay any pending litigation. 11. For the reasons set forth herein, Petitioner desires to sever the representation relationship with Plaintiff. WHEREFORE, Petitioner respectfully requests that this Honorable Court grant Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C. permission to withdraw as counsel for Plaintiff, Cynthia L. Gingrich. Respectfully submitted, TUCKER ARENSBERG, P.C. By:A~~~-J Sandra L. Meiltor{-- -~ - I.D. # 32551 111 North Front Street P.O. Box 889 Harrisburg, PA 17108 Petitioner . . CERTIFICATE OF SERVICE AND NOW, this, f j! d day ot O.c'LM.hA ,2004, I, Gloria M. Rine, Paralegal to Sandra L. Meilton, Esquire, for the firm of Tucker Arensberg, P.C, hereby certify that I have this day served a copy of the within document, by mailing same by first class mail, postage prepaid, addressed as follows: Elizabeth B. Stone, Esquire 414 Bridge Street New Cumberland, PA 17070 Mrs. Cynthia L. Gingrich P.O. Box 1422 Camp Hill, PA 17001 63464,1 ,. . () """ c,: ('-~) 0 c..:"':'~ ...J.':- 'n 1 C'1 -1 ,., r 1"1 -,- C) ri' :G r-- , I -on'~ -, ~_l :n9 I, ") .:.:,C> -~"J ~.~.~ ~!~ j ~. ::l;; \;) (jiTI c "j 01 ,;...... ......-'''f 0', .~, ~< l DEe () 8 2004 ~ CYNTHIA L. GINGRICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 02-5158 Civil Term DAVID L. GINGRICH, JR., Defendant : IN DIVORCE RULE TO SHOW CAUSE ~ AND NOW, this 10 day of ~ , 2004, upon consideration of the Petition to Withdraw as Counsel, a Rule is issued upon Plaintiff, Cynthia L. Gingrich, and Defendant, David L. Gingrich, Jr. to show cause why Sandra L. Meilton and TUCKER ARENSBERG, P.C., should not be granted leave to withdraw as counsel for Plaintiff in this case. RULE RETURNABLE (Jt> DAYS FROM THE DATE OF SERVICE. Service shall be accomplished by first class mail to Plaintiff and counsel for Defendant. (E COURT: J. ~o\ \~\O /~L~\,:~"'" { ~'.[~', ':0'1 ,,'IV 98 :2 ~-.~d 0 ""'0 L1r."7 0.::'~ "JLlI j;. 1\'..,. CYNTHIA L. GINGRICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 02-5158 Civil Term DAVID L. GINGRICH, JR., Defendant : IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Sandra L. Meilton, and Tucker Arensberg, P.C" and petitions this Honorable Court as follows: 1. A certified copy of the Petition to Withdraw as Counsel filed by Petitioner in the above matter, along with a copy of the Rule entered by the Honorable Edward Guido were served on Plaintiff and counsel for Defendant by Petitioner's letter dated December 14, 2004. 2. Said Rule gave Plaintiff and Defendant's counsel twenty (20) days to respond after service. 3, More than twenty days has elapsed since service. Neither Plaintiff nor Defendant's counsel have responded to said Petition and Rule. WHEREFORE, Petitioner respectfully requests that this Honorable Court make the Rule absolute and allow Petitioner to withdraw as counsel for Plaintiff the above matter. TUCKER ARENSBERG. P.C, By: 4~;;( #lk/~ "" Sandra L. Meilton, r,to. 32551 P.O. Box 889, Harrisburg, PA 17108 (717) 234-4121 Petitioner (") c ;J-~ ~;; :~"~; ~~'I g?~~-' ~~i; :S -< " ,...., = = c.n C- :;p.., Z I CJ1 ~ ---i -r fi'i ::rJ ... :9m /~Q ~6 i~:B ~/CJ ('5 rn ..::::\ :r> ~ j"' ::< ~ N N JAN 0 6 2005 j/ l5 ~ CYNTHIA L. GINGRICH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW v. : NO. 02-5158 Civil Term DAVID L. GINGRICH, JR., Defendant : IN DIVORCE ORDER AND NOW, this IOJ... day of Fa ' 2005, upon consideration of the Petition to Make Rule Absolute, it is hereby ORDERED AND DECREED THAT Sandra L. Meilton, Esquire, and the law firm of Tucker Arensberg, P.C. shall be withdrawn as counsel for Plaintiff, Cynthia L. Gingrich, in the above matter. J. Distribution: 1!ndra L. Meilton, Esquire, P,O, Box 889, Harrisburg, PA 17108 .zabeth B. Stone, Esquire, 414 Bridge Street, New Cumberland, PA 17070 rs, Cynthia L. Gingrich, 3444 Walnut Street, Camp Hill, PA 17001 74454,1 '1tr'.\ \i/\~l\:;:\::'~ ~\:1 1 l ~ 1(:,......--\ r:':. -", -"'!It""'''''' I\.!.J'.! ;'", , ' , :: .': ;~,'~, iJ LO :t; ~U 0 I N\tr SOOl ~bViO~<C;j,tL:=>~d :n-t~ :Ie) :;:8u:iO-CEr!j ...... .- I \c:!i "1\, 1 ,;c' ::-ic.:ta.ff ~da\.'i t CYNTHIA L. GINGRICH, Plaintiff IN THE COURT OF COt1MON LEAS OF CUMBERLAND COUNTY, PENN'YLVANIA v, NO. 02-5158 CIVIL TERM DAVID L, GINGRICH, JR., Defendant CIVIL ACTION - IN DIVOR E AFFIDAVIT OF CONSENT 1, A complaint in divorce under 5 330l(c) of the Divor e Code was filed on October 24, 2002, and served October 29, 2002, 2, The marriage of plaintiff and defendant is irretriev bly broken and ninety (90) days have elapsed from the date of filng the complaint and service of the complaint, 3. I consent to the entry of a final decree of divorce fter servlce of notice of intention to request entry of the decree 4. I understand that I may lose rights concerning alimo y, division of property, lawyer's fees or expenses if I do not c aim them before a divorce is granted. I verify that the statements made in this affidavit are t ue and correct. I understand that fals8 statemeDts here~11 are made 3 bject to the penalties of 18 Pa. C,S, 5 4904 relating to unsworn fal ifica- tion co authorities. .D~(" /t'-. Date ,J\ (--,~}.J/' ff CYNTHI t'" , 1 ,I , I,> ";. (,. 00 - --- II I' . ,\ - C)I1Sel1~,~,[:'iJi'i'ii- CYNTHIA L, GINGRICH, Plaintiff IN THE COURT OF COMMON LEAS OF CUMBERLAND COUNTY, PENN 'YLVAKIA v. NO, 02-5158 CIVIL TERM DAVID L, GINGRICH, JR., Defendant CIVIL ACTION - IN DIVOR E AFFIDAVIT OF CONSENT 1, A complaint in divorce under S 3301(c) of the Divor was filed on October 24, 2002, and served October 29, 2002, 2. The marriage of plaintiff and defendant is irretrie bly broken and ninety (90) days have elapsed from the date of fil"ng t~e complaint and service of the complaint. 3. I consent to the entry of a final decree of divorce fter service of notice of intention to request entry of the decree 4, I understand that I may lose rights concerning alimo y, division of property, lawyer's fees or expenses if I do not c alm t~em before a divorce is granted. I verify that the statements made in this affidavit are ~rue and correct. I understand that false statements herein are made s bJect to the penalties of 18 Pa, C.S. g 4904 relating to unsworn fal"ifica- tion to authorities, /2 -It':, - D:/ Date ~.. .' - - ~ L \c ; ,..\ 1.;,1,':-. ('rJ1C::.1Ccc CYNTHIA L, GINGRICH, Plaintiff IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVANI v, NO, 02-5158 CIVIL TERM DAVID L. GINGRICH, JR" Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENT OF 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 alimo y, division of property, lawyer's fees or expenses if I do not c aim them before a divorce is granted. 3. I understand that I will not be divorced until a div rce decree is entered by the Court and that a copy of the decree ill be sent to me immediately after it is filed with the Prothonotar I verify that the statements made in this affidavit are rue and correct, I understand that false statements herein are made ubJect to the penalties of 18 Pa, C,S. S 4904 relating to unsworn fa1 ifioa- tion to authorities, <]le<'. Date It , J /c,-/ ff ...., , c. .,\ ( --- - II II t~\d~v\~waive~not~[.~ , CYNTHIA L, GINGRICH, Plaintiff IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVANI v. NO. 02-5158 CIVIL TERM DAVID L. GINGRICH, JR" Defendant CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENT OF DIVORCE DECREE UNDER 5 3301(c) OF THE DIVORCE CODE 1, I consent to the entry of a final decree of divorce 'ithout notice, 2. I understand that I may lose rights concerning alimo y, division of property, lawyer's fees or expenses if I do not c aim them before a divorce is granted, 3. I understand that I will not be divorced until a div rce decree is entered by the Court and that a copy of the decree ill be sent to me immediately after it is filed with the Prothonotar I verify that the statements made in this affidavit are rue and correct, I understand that false statements herein are made s bject to the peralties of 18 Fa. C.S, 5 4904 relating to unsworn fal ifica- tion to authorities. -J,.J.. -/(,- o'/' Date ~ - fl\jiv\1~ransmitpraecipe\7-97 CYNTHIA L, GINGRICH, Plaintiff IN THE COURT OF COMMON PLEAS F CUMBERLAND COUNTY, PENN SYLVAN A v. NO, 02-5158 CIVIL TERM DAVID L. GINGRICH, JR., Defendant ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to t e court for entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under ~ (3301(c)) 6<Jd6l:Jotllbl:liID4xl of the Divorce Code. (Strike out inapplicable section). 2, Date and manner of service of the complaint: Service acce ted ctober 29 2002 on behalf of defendant b his attorne Elizabeth B. Stone and fi1 d b 1aintj attornev 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 December 16, 2004 by Defendant December 16, 2004 (b) (1) Date of execution of the affidavit required by S 3301 (d) 0 the Divorce Code: (2) A. Date of filing of Plaintiff's affidavit upon responden 8, Date of service of Plaintiff's affidavit upon responde t: 4. Related claims pending: ALL CLAIMS SETTLED 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: (b) Date Plaintiff's Waiver of NQt}ce in 5 the Prothonotary: /;)..-/fo' U't- 3301(c) Divorce was fi ed with Date Defendant's Wai .~r ot Notice in S 3301 c) Divorce was fil d with the Prothonotary: d,/0-0 'I , ! ( DEYENDAN ,--,' ;+i'f.;+i:f.;f.:f.:+;:+;:ti:f.:+;",;Ii:+;:t::+;;Ii <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; PROTHONO ARY :+;:+;:f.:+;+:+;~:+;:+;:+;:f.:+;+:+;:f.+:+;+ :+;+:t:;f.:+;:+;:f.+:+;:+; :+;~+:+:+; :+;:+;;+;+:+;+:+;+:+; :+;++:f.+: IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY STATE OF t+"l ~ PENNA, CYNTHIA L. GINGRICH, No, 2002-5l5B Plaintiff <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; :++ + +:f.:+;:+:+; VERSUS DAVID L. GINGRICH, JR., Defendant DECREE IN DIVORCE ~ ))- ~ 7:'11 Q,. )cIit(, IT IS ORDERE AND NOW, CYNTHIA L. GINGRICH DECREED THAT , PLAINTIFF, DAVID L. GINGRICH, JR. AND , DEFENDAN , ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIC BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA YET BEEN ENTERED; rJ ON ~ By ATTEST: ;+;:f.+:+:+; +:f.:t:+++:+++;+;+'f. H +'f.+++ +++:+++:++++++:+++++++ 'f'++'f'++ Of.+++:+:0f Of +:+; +;Ii:f.:+; +: +:+; <; <; <; <; <; <; HAVE NOT <;<; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; J. <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; <; . ~ p ~ ~ ??Jl:f'J.(., ,10 ef'- ('I ~f-_~;M(' k,.6V' ~ /-;0 ero.C'1 .. ". ..~ . oM; ~ ~.