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Home My WebLink About03-0633LINWOOD B. PHILLIPS, IV, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW CATINA L. PHILLIPS, No. 03 - 6 3 3 CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM OF 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, 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: CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 240-6195 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. COURT ADMINISTRATOR, FOURTH FLOOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 240-6200 LINWOOD B. PHILLIPS, IV, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW CATINA L. PHILLIPS, : Nop,3 CIVIL TERM Defendant IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER 3301(c) OF THE DIVORCE CODE AND NOW comes LINWOOD B. PHILLIPS, IV by and through Frey and Tiley, attorneys for Plaintiff, and makes the following statement: 1. Plaintiff is LINWOOD B. PHILLIPS, IV, who currently resides at 22 Dead End Lane, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is CATINA L. PHILLIPS, who currently resides at 45 West Main Street, Fayettville, Franklin County, Pennsylvania. 3. 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. Plaintiff and Defendant were married on March 10, 1997 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, Divorcing Plaintiff and Defendant. COUNT II - DIVORCE UNDER 3301(d) OF THE DIVORCE CODE 8. The allegations in Paragraphs 1 through 7 are incorporated herein by reference and are made a part hereof. 9. Plaintiff and Defendant are now living separate and apart and have lived separate and apart since July, 1999, a period which exceeds two (2) years. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Frey & Tiley, Attorneys for Plaintiff By: ?.... . J . . . . . .. NIA Ro ert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 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. 4904 relating to unswom falsification to authorities. Dated: -- 23 Zoo2 1B &OOD B. PHILLIPS, iv ?) c ?_ _ '?1r 'i _, i,; '.._ti - _. _ , ? ?? ?, `i -- ,J ? ? 1.. _ ?? ?? ? ? ? ? ? ?, o ? W ?? U ? ? L? v, LINWOOD B. PHILLIPS, IV, Plaintiff V. CATINA L. PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW No. 03- 633 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this March 12, 2003, I, Robert G. Frey, Attorney for Linwood B. Phillips, Plaintiff in the above-captioned matter, hereby swear that I have served a true certified copy of the Complaint in Divorce, with Notice to Defend, in the above-captioned matter upon Catina L. Phillips, 45 West Main Street, Fayettville, PA 17222, by depositing same in the United States Mail, postage prepaid, certified mail addressee only, return receipt requested. The return receipt card indicating service was made on February 13, 2003, is marked Exhibit "A." attached hereto, and made a part of hereof. Sworn and subscribed to before me this :March eoR aioH w?r Robert G. Frey Attorney for Plaintiff 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 • c' .mow w? a ?wwi LNr•?w .. f t1Me 46 ?*@*We the C*Rgft m ww s. OW 40 • k mlw"04 lei, Mow-:fw an extra • P*" 1'atr' Am" WW vddmo oniM w4stof"iottn so lust we cW f}le1: wtum thw be" $6 you. • Attach Wd fwm to Ow fro. of the n1w9ploca. or an tha b%vk If .P=o1 1. ? Addressee"s Adon" does not pf?Mprft. • Wr" -ftoftn}?Wos" RequestW on the nw* iii bi0ow tlts iAkla 2. ? Restricted Deftrery • Rt RooMpt wM*ww to w?morel tha ' tioif.tm daevw tl ,d the CM fw . 3. AnWo Addressed to: 4*. Articis Number CAr??A •C. P414, Lips 45. k)6S" NAr? S . El ab. sar end e Registtered IrtaulMd V4VE l v/t-t PA /l mode ffisd ? coo r xprees s MIA M t f&, I E3 i 7. [Pate D voi ry • ti? 5. Uddhssseef S. Axl 's Address fOnly if r?trested end fee is paid) g. (( qq (A { y E ttlt?' ,iSi. ,'tt ll tlititt iiilE;44 a PS Form i+ta ItUIMII RECEIPT r EXHIBIT "A" -4. C) C CL _ ?,S„1 i LINWOOD B. PHILLIPS, IV, Plaintiff V. CATINA L. PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. 03- 633 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE, AND WAIVER OF MARRIAGE COUNSELING 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 11, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 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 that my spouse and I participate in counseling. 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the court require my spouse and 1 participate in counseling prior to a divorce decree being handed down by the court. 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. §4904 relating to unsworn falsification to authorities. DATE: May 31 , 2003 LINWOOD B. PHILLIPS, IV - v ji7. (D CA) CA) LINWOOD B. PHILLIPS, IV, Plaintiff V. CATINA L. PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03- 633 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE, AND WAIVER OF MARRIAGE COUNSELING 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 11. 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 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 that my spouse and I participate in counseling. 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. §4904 relating to unsworn falsification to authorities. DATE: December I'i , 2003 A? CATINA L. PHILLIPS ? N r - r y„ r ?m Co LINWOOD B. PHILLIPS, IV, Plaintiff V. CATINA L. PHILLIPS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03- 633 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT,WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE, AND WAIVER OF MARRIAGE COUNSELING 1. A Complaint in divorce udder Section 3301 (c) of the Divorce Code was filed on February 11, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 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. 1 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 that my spouse and I participate in counseling. 7. I understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. §4904 relating to unsworn falsification to authorities. DATE: i-_iur`e 2-3Zo03- , CATINA L. PHILLIPS lJ -a3- r.a C ? c., c? ? G -n ? ,? :? T [iir ?? - ? t` ?C7 ' SV ;jm __a Cs3 -G Curtis R. Long Prothonotary office of the Protbonotarp ?umberr?rtb ?ountp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor 03 - l 33 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573