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HomeMy WebLinkAbout03-0667HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF BRIAN K. WRIGHTSTONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff v. LISA A. WRIGHTSTONE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : N0.03- ~7 CIVIL TERM : IN DIVORCE NOTICE 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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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, Pennsylvania 17013 717-249-3166 BRIAN K. WRIGHTSTONE, Plaintiff V. LISA A. WRIGHTSTONE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : NO. 03- ~ CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF THE DIVORCE COD,~ NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Brian K. Wrightstone, an adult individual residing at 306 Old Stonehouse Road South, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The defendant is Lisa A. Wrightstone, an adult individual residing at 293 Walnut Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on December 31, 1998, in Mechanicsburg, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. 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. February12,2002 BRIAN K. WI~IGHTSTONE, Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 BRIAN K. WRIGHTSTONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff V. LISA A. WRIGHTSTONE, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 - CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. February 12, 2003 BI'lAN I~. WRI(~J-ITSTONE, Plaintiff BRIAN K. WRIGHTSTONE, Plaintiff LISA A. WRIGHTSTONE, Defendant : IN THE COURT OF COMMON PLEA~S OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 - 667 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about February 19, 2003, by certified mail "restricted delivery", addressed to the defendant at 293 Walnut Lane, Carlisle, Pennsylvania 17013, return receipt No. 7002 0860 0000 1076 6447. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsific~,i~authorities, r~ ,~ ...r~ February 21, 2003 Harold S._lrwin., !11 .... ~ j Attorney for plaintiff 1. Article Addressed to: If YES, enter daiive~y address below: [] No 3. ,~'vice TyI:~ ~Certifted Mail _ ~.xpress Mail [] Registered ,~l:letum Receipt for Merchandise [] Insured Mail [] C.O.D. ~- ~se 4. Restricted Delivery? (Extra Fee) 2. Article Number O'ra~s~e,- from service label) -7002 0860 0000' 1076 6447 PS Form 3811, August 2001 102595-02-M- 1035 Postage Certified Fee {F. nd~,. urn Receipt Fee ~ement Required) (Enda~ment Required) Postmark Here BRIAN KEITH WRIGHTSTONE Plaintiff/Respondent V. LISA ANN WRIGHTSTONE DefendantJMovant : IN THE COURT OF COMMON PLEAS · ' CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-667 : : CIVIL DIVISION - DIVORCE MOTION TO FREEZE AS$~T_~S AND NOW, Movant, Lisa Ann Wrightstone, by and through her Attorney, Mark A. Mateya, Esquire respectfully represents the following: 1. Movant and Respondent were married on December 31, 1998. 2. Respondent filed for Divorce, to the above, term and number on February 13, 2003. 3. Respondent/Plaintiff is represented by Harold S. Irwin, III, Esquire. 4. Movant and Respondent are in negotiations through their respective counsel regarding equitable distribution. 5. Respondent previously worked for ECl Construction. It is believed and therefore averred that Respondent/Plaintiff recently received an approximate $10,000.00 payout from his pension account. 6. Movant reasonably believes that an equitable portion of the amount of the pension check paid to Respondent/Plaintiff will be disbursed to Movant in the final equitable distribution. 7. Movant reasonably believes that Respondent/Plaintiff will dissipate an amount that might be due and owing to Movant as a result of an Equitable Distribution Agreement or Equitable Distribution Order of this Court. WHEREFORE, Movant respectfully requests this Honorable Court order Plaintiff/Respondent to make known to Defendant/Movant the exact amount of the check paid to Plaintiff/Respondent from ECl Construction as referenced in Paragraph 5 above, and further order the amount of pension check paid from ECl Construction to Plaintiff/Respondent to be put into an escrow account and not dissipated in any manner whatsoever until further order of this Court. Respectfully submitted, Date: Mark A. M;teya,~uire of Counsel With Knupp, Kodak & Imblum, P.C. Attorney ID No. 78931 407 North Front Street P.O. Box 11848 Harrisburg, PA 17108 (717) 238-7'151 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing Motion to Freeze Assets on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Harrisburg, Dauphin County, Pennsylvania addressed to: Harold S Irwin III Esquire 35 East High Street Carlisle PA 17013 Dated: Mark A. ~ateya~ Es~re of Counsel With Knupp, Kodak & Imblum, P.C. 407 North Front Street PO Box 11848 Harrisburg PA 17108-1848 717 238-7151 BRIAN KEITH WRIGHTSTONE Plaintiff/Respondent V. LISA ANN WRIGHTSTONE Defendant/Movant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-667 : : CIVIL DIVISION - DIVORCE : ORDER AND NOW this O~day of June., 2003, upon consideration of the foregoing Motion to Freeze Assets, IT IS HEREBY ORDERED AND DECREED that Plaintiff/Respondent, Brian Keith Wrightstone will disclose to Defendant/Movant the exact amount of the pension check paid to Plaintiff/Respondent from ECl Construction; and IT IS FURTHER ORDERED that the amount of pension check paid from ECl . -. Construction to Plaintiff/Respondent be put into ~ scrow account and not ~ dissipated in any manner whatsoever until further order of this Court. BRIAN K. WRIGHTSTONE, plnlntlff ¥. LISA A. WRIOHTSTONE, Defendnnt : IN THE COU~T OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION o LAW : : NO. 03 - 667 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 13, 2003, and served upon defendant on February 19, 2003 (See Affidavit of Service filed on or about February 21, 2003). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 2003 BRIAN K. WRIGHTSTONE ~ BRIAN K. WRIOHTSTONE, Plaintiff LISA A. WRIOHTSTONE, Defendant : IN THE COURT OF COMMON PLEA8 OF : CUMBERLAND COUNTY, PENNSYLVANIA ., : CIVIL ACTION - LAW : : NO. 03 - 667 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION T~O REQ~UEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 alimony, division of property, lawyer's fees or expenses if I 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 statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. BRIAN K. WRIGHTSTGONE BRIAN IL WRIOHT8TONE~ Plaintiff V, LISA A. WRIGNTSTONE~ Defendant : IN THE COURT OF COMMON .~L,'..A8 OF : CUMBERLAND COUNTY, PENNBYLVANIA ; : CIVIL ACTION - LAW : : NO. 03 - 667 CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 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. BRrAN K, WRIGHTSTONE/ BRIAN K. WRIGHTSTO-'~E, Plaintiff LISA A. WRIOHTSTONE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 667 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about February 13, 2003 and served upon defendant on February 19, 2003 (see affidavit of service filed February 21, 2003). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. BRIAN K. WRIOHTSTONE, Plaintiff V, LIBA A. WRIOHTSTONE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03 - 667 GIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF IN~TE~NTI~ON~TQ I~EQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 alimony, division of property, lawyer's fees or expenses if I 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 statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 2003 A. WRIGHTSTONE ~) BRIAN K. WRIOHTSTONE, Plaintiff V. LISA A. WRIOHTETONE, Defendant IN THE COURT OF COMMON PLEA8 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 667 CIVIL TERM IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. 2003 HAROLD $. IRWIN~ II1~ ESCIUIRE ATTORNEY ID NO. 2~G20 84 SOUTH Pil'r STREET CARLI8LE PA 17013 (717) 24~e0~0 AI'rORNEY FOR PLAINTIFF BRIAN K. WRIOHTSTONE~ Plaintiff LISA A. WRIGHTSTONE~ Defend,,nt : IN THE GOURT OF COMMON PLEA8 OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 03 - 667 CIVIL TERM : IN DIVORCE PRAEGIPE TO TRANSMIT REGORD 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 of the complaint: On or about February 19, 2003, defendant was served with a copy of the divorce complaint via certified mail, "restricted delivery", addressed to the defendant at 293 Walnut Lane, Carlisle, PA, 17013, certified mail receipt number 7002 0860 0000 1076 6447 (See Affidavit of Service filed on February 21,2003). Complete either paragraph la) or lb): la) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: September 29, 2003. By the defendant: Sept3mber 24, 2003. lb)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. lb)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None lb) September 29, 2003 Complete either la) or lb): la) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A. Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: September 29, 2003. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September ~2~3. · R IN, III [ / Attorney for Plaintiff ~. / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. ..... ~ria~...K. wrigh, t stone, ................ ............................... P-la i-n fi-f -f- ....... Versus ....... ~Sa. A~...Wri~ton~, ............ ................. Defendant... DECREE IN D I V 0 R C E ~[$; ~.~ AND NOW ...... ..~.~..~.0.., ~1~.~. ], it is ordered and decreed that ~riar~ .Ko. W.=ight~.ene ......................... plaintiff, and ~A~..~. .~.-~..~.~.c~..~.~.o.n..e ................................... 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 ..................................................................... , ...... Vrgtl~r~o~a;y