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HomeMy WebLinkAbout02-5282MELISSA A. WASHINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2002- 5-;;)-~ CIVIL TERM : VINCENT E. WASHINGTON, : CIVIL ACTION-LAW Defendant : IN DIVORCE/CUSTODY 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. 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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: (717) 249-3166 MELISSA A. WASHINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2002- CIVIL TERM : VINCENT E. WASHINGTON, : CIVIL ACTION-LAW Defendant : iN DIVORCE/CUSTODY COMPLAINT UNDER SECTIONS 3301(C) ANI') 3301(D) OF THE DIVORCE CODF 1. Plaintiff is Melissa A. Washington, an adult individual who currently resides at 245 Clay Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Vincent E. Washington, an adult individual who currently resides at 44 Wildwood Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 10, 1998, in Cumberland County, Pennsylvania. COUNTI - DIVORCE UNDER SECTIONS 3301 (c) AND 3301(d) OF THE DIVORCE CODF 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above, 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. broken. 9. Plaintiff avers that the marriage between the parties is irretrievably The 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 respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including real estate, automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - CUSTODY 12. The Plaintiff is Melissa A. Washington, an adult individual residing at 245 Clay Road, Carlisle, Cumberland County, Pennsylvania. 11. The Defendant is Vincent E. Washington, an adult individual residing at 44 Wildwood Road, Newville, Cumberland County, Pennsylvania. 12. Plaintiff seeks custody of Dylan V. Washington, born April 30, 1999. The child was not born out of wedlock. The child is presently in the custody of Plaintiff at 245 Clay Road, Carlisle, Cumberland County, Pennsylvania. During the past five years, the child has resided with the following persons at the following addresses: Persons Melissa A. Washington Vincent E. Washington and Melissa A. Washington Residences. 245 Clay Road Carlisle, PA 17013 44 Wildwood Road Newville, PA 17241 Dates October 10, 2002 to present December, 2000 to October 10, 2002 Vincent E. Washington and Melissa A. Washington Apartment K311 1406 Bradley Drive Carlisle, PA 17013 April 30, 1999 to December, 2002 The natural father of the child is Vincent E Washington, currently residing at 44 Wildwood Road, Newville, Cumberland County, Pennsylvania. He is married to the Plaintiff. The natural mother of the child is Melissa A. Washington, currently residing at 245 Clay Road, Carlisle, Cumberland County, Pennsylvania. 13. Plaintiff currently resides with the following persons: Names Dylan V. Washington She is married to the Defendant. The relationship of the Plaintiff to the child is that of natural mother. The Relationship son 14. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Relationship NONE 15. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene. WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the child. Respectfully submitted, O'BRIEN, BARIC & SCHERER DATE: Michael A. Scherer, Esquire I.D. Cf 61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas~Domestic~Washington~complaint.pld VERIFICATION I verify that the statements made in the foregoing 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. MELISSA A. WASHINGTON, Plaintiff VS. VINCENT E. WASHINGTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5282 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY ACCEPTANCE OF SERVICE AND NOW, this 4q~X day of November, 2002, I, Marylou Matas, Esquire, Attorney for the above-named Defendant, hereby accept service of the Complaint filed in the above- captioned matter pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a tree and attested copy of said Complaint. MAS~Domestic\Washington~Accept-Serv MELISSA A. WASHINGTON, Plaintiff VS. VINCENT E. WASHINGTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5282 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 31, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: Melissa A. Was-'h'Yh'-gton MELISSA A. WASHINGTON, Plaintiff VS. VINCENT E. WASHINGTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5282 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODI 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on October 31, 2002. 2. Defendant acknowledges receipt and accepts service of the Complaint on November 4, 2002. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. Section 4904 relating to unsworn falsification to authorities. Date: MELISSA A. WASHINGTON, Plaintiff VS. VINCENT E. WASHINGTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5282 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE/CUSTODY PRAECIPE TO TRANSMIT RECORD To the Prothonotary: 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 ofthe complaint: Marylou Matas, Esquire signed an Acceptance of Service form dated November 4, 2002. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent .required under Section 3301(c) of the divorce code: by the plaintiffFebruary 17, 2003 by the defendant February 17, 2003 ' (b) (1) Date of execution ofthe plaintiff's affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant N/A 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: (b) Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary:. February 25, 2003 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: February 25, 2003 ~lr~ae-I ,~,. S~he~er, Esquire Attorney for Plaintiff, Melissa A. Washington IN Melissa A. Plaintiff VERSUS Vincent E. Washington, Defendant THE COURT OF COMMON OF CUMBERLAND COUNTY Washington, '~' ~' N O. 2002-5282 PLEAS Civil DECREE IN AND NOW,, DIVORCE DECREED THAT Melissa A. Washington , PLAINTIFF, AND Vincent E. Washington 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. ATTEST: PROTHONOTARY