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HomeMy WebLinkAbout03-0199Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA B. NELSON, IN THE COURT OF COMMON PLEAS Plaintiff V. WILLIAM H. NELSON, III, Defendant · CUMBERLAND COUNTY, PENNSYLVANIA · No. - /eS CIVIL ACTION - LAW · IN DIVORCE _NOTICE TO DEFEND AND CLAIM RIGHT£ 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, including custody and visitation of your children. When the grounds for a divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Domestic Relations Office at the County Courthouse. 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, Pennsylvania 17013 (717) 249-3166 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA B. NELSON, Plaintiff V. WILLIAM H. NELSON, III, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW 1N DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Linda B. Nelson, an adult individual residing at 2110 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is William H. Nelson, III, an adult individual residing at 2110 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months prior to filing this complaint. 4. The Plaintiff and Defendant were married on February 17, 1984 in Dauphin County, Pennsylvania. 5. There are no minor children born of this marriage. 6. The parties separated on January 9, 2003. 7. The parties were previously married in 1968 and divorced in the Court of Common Pleas of Dauphin County, Docket No. 2048 - 1974 on December 12, 1974. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and S ' ' · ' ' allors Civil RehefAct of the Congress of 1940 and its amendments. 9. Plaintiff has been advised that counseling is available and that Plaintiff has the right to request that the court require the parties to participate in counseling. COUNT I - DIVORCE N~O FAULT 10. The averments in paragraphs 1 through 9, inclusive, of Plaintiffs Complaint are incorporated herein by reference thereto. 11. The marriage is irretrievably broken and no possibility of reconciliation exists. WHEREFORE, Plaintiffrequests entry of a divorce decree in her favor in accordance with § 3301 of the Pennsylvania Divorce Code. WHEREFORE, Plaintiff, LINDA B. NELSON, prays this Honorable Court to enter judgment: A. Awarding Plaintiffa decree in divorce; and B. Awarding other relief as the Court deems j~st ~.n~asonable. Dated: January 9, 2003 ~Bar~~ Esquire Attorney for Plaintiff 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA B. NELSON, IN THE COURT OF COMMON PLEAS Plaintiff V. WILLIAM H. NELSON, III, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW · IN DIVORCE _AFFIDAVIT REGARDING COUNSELINg' 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not require that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A Section 4904 relating to unsworn falsification to authorities. Dated:_] '~ '~-/')3 Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA B. NELSON, IN THE COURT OF COMMON PLEAS Plaintiff V. WILLIAM H. NELSON, III, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, Linda B. Nelson, hereby certify that the facts set forth in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. LINDA B. NtELSO]~ / ~--~-~c/ ) L1NDA B. NELSON, Plaintiff WILLIAM H. NELSON, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-199 CIVIL ACTION - LAW IN DIVORCE Dated: January 20, 2003 AFFIDAVIT OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that I served a copy of the Complaint In Divorce in the above-captioned matter by United States Mail, Restricted Delivery, Certified No. 7000 0600 0028 3892 3479, Return Receipt Requested, on the above-named Defendant, William It. Nelson, III, on January 16, 2003 at Defendant's last known address: 2110 Warren Way, Mechanicsburg, Pennsylvania 17050. The original receipt and return receipt card are attached hereto as Exhibit "A". I hereby certify that the facts set forth above are true and correct to the best of my knowledge, information and belie£ I understand that any false statements made herein are subject to penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. N4 arbar~ S-Sullivan, Esquire 9 Bridge Street ew Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court 1D #32317 Attorney for Plaintiff Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Deliver~ Fee (Endorsement Required) Total Postage & Fees ~ S0,60 $2,30 $1.75 $3.50 $s8.1 Clccarly) (to JDe completed by mailer) __, ..... · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivew 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. ,a~ticle Addressed to: 1'~. ~N~T,T,ID2~I H. NELSON, III 2110 WARREN WAY MBCMANICSBURG, PA 17050 2. Nticle Number (Copy from service label) 7000 0600 0028 3892 3479 A. Received by (Please Print Clear/y) /[] Agent 17 Yes If YES, enter delivery address be[ow: [] No Service Type [~Certified Mail [] Registered [] Insured MaLl [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) Yes PS FOrm 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 EXHIBIT "A" Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA B. NELSON, Plaintiff WILLIAM H. NELSON, III, Defendant : 1N THE COLrRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03~199 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c~ OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose fights 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 he divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immedia~Iely after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa.C.S. ,$4904 relating to unsworn falsification to authorities. Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 L1NDA B. NELSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-199 WILLIAM H. NELSON, III, Defendant : CIVIL ACTION - LAW : 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 fights 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 &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 statement herein are made subject to the penalties of 18 Pa.C.S. $4904 relating to unsworn falsification to authorities. COMMONWEALTH OF PENNSYLVANIA ) )SS. COUNTY OF ~_d/~e---R~,,k~kJb ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared WILLIAM tt. NELSON, III, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE are true and correct to the best of his knowledge, information and belie[ Affirmed and subscribed to before me this C~ ~ day of~ 2003. Y PUBLIC ommission Expires: (SEAL) NOTARIAL JANE K, HAVNAER, Notary Public Camp Hill Boro, cumberland County My Commission Expires June 24, 2006 Barbara Sumple-Sullivan, Esquire Supreme Court//32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 L1NDA B. NELSON, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-199 : CIVIL ACTION - LAW : IN DIVORCE WlLLIAM H. NELSON, III, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §$301(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 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 after it is filed with the prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statement herein are made subject to the penalties of 18 Pa C.S. {}4904 relating to unsworn falsification to authorities. LINDA B. NEESON Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA B. NELSON, Plaintiff WILLIAM H. NELSON, III, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-199 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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· 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. DATE: ~'~V ~ wmLIXM lt. NELSON, ~1I COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF ~_~/y~~ ) Before me, the undersigned officer, a Notary Public in and for said Commonwealth and County, personally appeared WILLIAM 1t. NELSON, III, who being duly affirmed according to law, deposes and says that the facts and matter set forth in the within and foregoing AFFIDAVIT OF CONSENT are true and correct to the best of his knowledge, information and belie£ Affirmed and subscribed to before me this 0~b? day of~~, 2003. UBLIC mmission Expires: (SEAL) 'J'~==~----~OTARJAL ~ JANE K. HAVNAER, Not~ry Public Camp Hill Bom, Cumberland County My Com,n~ssion Expires June 24, 2006] Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA B. NELSON, Plaintiff V. WILLIAM H. NELSON, III, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-199 : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 13, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the 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. 4. 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. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. CS.A. Section 4904 relating to unsworn falsification to authorities. DATE: ~/~--~/~ Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland. PA 17070 (717) 774-1445 L1NDA B. NELSON, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-199 WILLIAM H. NELSON, IH, Defendant : CIVIL ACTION - LAW : 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: 1. Ground for divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the complaim: United States Mail, Certified Mail, Restricted Delivery on January 16, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: by PlaintiffAugust 20, 2003; by Defendant August 20, 2003. 4. Related claims pending: None.. 5. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: August 22, 2003. Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: August 22, 2003. ~/~/~ Dated: August 22, 2003 Sumple-Sullivan, Esquire ~ 549 Bridge Street New Cumberland, PA 17070-1931 (717)-774-1445 Supreme Court ID #32317 Attorney tbr Defendant Barbara Sumple-Sullivan, Esquire Supreme Court #32317 549 Bridge Street New Cumberland, PA 17070 (717) 774-1445 LINDA B. NELSON, Plaintiff WILLIAM H. NELSON, HI, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-199 : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Barbara Sumple-Sullivan, Esquire, do hereby certify that on this date, I served a true and correct copy of the foregoing Praecipe to Transmit Record, in the above-captioned matter upon the following individual by first class mail, postage prepaid, addressed as follows: DATED: August 22, 2003 Mr. William H. Nelson, III 2701 Market Street (Rear) ~ Camp Hill, P~.~ Barbar~umple-Sullivan, Esquire 549 Bridge Street New Cumberland, PA 17070-1931 (717) 774-1445 Supreme Court I.D. No. 32317 Attorney fbr Plaintiff IN THE COURT OF COIVlMON PLEAS STATE Of LINDA B. N~r.qONt Of CUMBERLAND COUNTY p~~ PENNA. Plaintiff VERSUS w'rT,T.IJ~j H. NELSON, IIIt Defendant NO. 03--199 AND NOW, DECREED THAT AND DECREE iN DIVORCE LINDA B. NELSON 2003 WTi',T,IAM H. N~.qON, III , IT IS ORDERED AND , PLAINTIFF, , 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