Loading...
HomeMy WebLinkAbout03-2418VIRGINIA M. WINTERS, Plaintiff VS. JACK W. WINTERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003- ~ ~//~e CIVIL TERM : 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 will proceed without you and a decree in divorce or annulment may 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 or 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 VIRGINIA M. WINTERS, Plaintiff Ve JACK W. WINTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003- ,2 ¢//f> CIVIL IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 {C} OR 3301 {D) OF THE DIVORCE CODE AND NOW comes Virginia M. Winters, plaintiff herein, by and through her attorney, Jacqueline M. Vemey, Esquire, and represents the following: COUNT I 1. Plaintiff is Virginia M. Winters, an adult individual, currently residing at 1106 Easy Road, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Jack W. Winters, an adult individual, currently residing at 515 Penn Ayr Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on March 30, 1991 in Camp Hill, Cumberland County, Pennsylvania. 5. There was a previous action in divorce filed at No. 96-5354 Civil Term in the Court of Common Pleas of Cumberland County. That action was purged from the active court action list. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. This marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION Paragraphs 1 through 7 of the Complaint are incorporated by reference as though set forth in full. During the marriage, the parties accumulated certain real and personal property which is subject to distribution. WHEREFORE, Plaintiff prays Your Honorable Court to equitably distribute the marital property in accordance with the factors set forth in 23 Pa.C.S.A § 3501, et seq. COUNT III SUPPORT/ALIMONY PENDENTE LITE/ALIMONY 10. Paragraphs 1 through 9 of the Complaint are incorporated by reference as though set forth in full. 11. Plaintiff lacks sufficient property and income to provide her with a reasonable income and cannot adequately support herself. 12. Defendant has a far more economic superior position than Plaintiff and Plaintiff requires reasonable support to adequately maintain herself. WHEREFORE, Plaintiff prays your Honorable Court award support, alimony pendente lite and alimony as determined appropriate by the Court. COUNT IV COUNSEL FEES, COSTS AND EXPENSES 13. Paragraphs 1 through 12 of the complaint are incorporated by reference as though set forth in full. 14. Plaintiff has retained the services of Jacqueline M. Verney, Esquire and the counsel fees, costs and expenses for representation in this action will be substantial and continuing. 15. Plaintiff is without sufficient funds, income or assets to pay such counsel fees, costs and expenses. 16. Plaintiff will need to retain the services of a certified public accountant, appraisers and other experts with regard to this action. WHEREFORE, Plaintiff prays that this Honorable Court enter an award for preliminary and interim counsel fees, costs and expenses and to enter a final award of counsel fees, costs and expenses. Respectfully submitted, ~gacqt'r~line M. Vemey, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the facts included in the within pleading are tree and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unswom falsification to authorities. Dated: 9i~fia M. Winters VIRGINIA M. WINTERS, Plaintiff VS. JACK W. WINTERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003-2418 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1930.4 (c) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS I, Jacqueline M. Vemey, Esquire, being duly sworn according to law, deposes and says that she is the attorney for plaintiff, Virginia M. Winters, and that she did serve a tree and correct copy of the divorce Complaint that was filed in the above matter, by U.S. mail, postage prepaid, certified with restricted delivery, return receipt requested, unto the defendant, Jack W. Winters, on May 30, 2003. The receipt form is attached hereto as ~aco/~eline M. Vemey, Esquire #23 l~_J 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff Sworn to and subscribed before me this ~ ~ day of_ ~ ~t~y Pub. ,2003. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the mveme an that we can return the card to you. · Attach this card to the back of the mailpiece, or on the f~ont if apace permits. 1. A~flcle Addressed to: Ps Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 EXHIBIT "A" WAYNE F. SHADI Carlisle, Pennsylvania 17013 VIRGINIA M. WINTERS, Plaintiff JACK W. WINTERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 2003-2418 CIVIL TERM : IN DIVORCE APPEARANCE TO: Curtis R. Long, Prothonotary Please enter the appearance of the undersigned on behalf of Defendant Jack W. Winters in the above-captioned matter. Date: June 24, 2003 Wayn~F. Shade, Esquire Attorney for Defendant VIRGINIA M. WINTERS, Plaintiff JACK W. WINTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-2418 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 22, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 after service of notice of intention to request entry of the decree. 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. Vi~a M. Winters, Plaintiff VIRGINIA M. WINTERS, Plaintiff V. JACK W. WINTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-2418 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. I c°nsent t° 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 statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unsworn falsification to authorities. Date:./~/¢~ V~ffia M. Winters, Plaintiff VIRGINIA M. WINTERS, Plaintiff JACK W. WINTERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003-2418 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 330I (c) of the Divorce Code was filed on May 22, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) 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 after service of notice of intention to request entry of the decree. 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. Date: 12/15/03 'ack W. Winters, Defendan~ VIRGINIA M. WINTERS, Plaintiff JACK W. WINTERS, Defendant : IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2003-2418 CIVIL TERM · IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 33011 (c) of the Divorce Code was filed on May 22, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 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. Date: 12/15/03~ ~rack W. Winter}, D~ VIRGINIA M. WINTERS, Plaintiff Vo JACK W. WINTERS, Defendant : IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2003-2418 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May 22, 2003. 2. The marriage of Plaintiff and Defendant is in:etrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 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. Date: 12~/15/03 oack W. Winters, Defendant VIRGINIA M. WINTERS, Plaintiff V. JACK W. WINTERS, Defendant : IN THE COURT' OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION- LAW : NO. 2003-2418 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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. Date: 12/15/03 a~k W. Winters, Defendant -- VIRGINIA M. WINTERS, Plaintiff JACK W. WINTERS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 2003-2418 CIVIL TERM : IN DIVORCE P~RAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c), 3301 (d)(1) of the Divorce Code. (Strike out inapplicable section). 2_:. Date and manner of service of the Complaint: ~ail return recei t re uested, restricted delivery_on Ma_a_a_a_~ 30~200q_. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c) of the Divorce Code: by ~00_3; hE de_~bndant December 15_~,~2003. (b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: _; (2) Date of filing and service of the plaintiff's affidavit upon the defendant Related claims pending: ~None 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 plaintiWs Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: .December 17, 2003. Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: .December 31,2003. ?btttom~ for Plaintiff Jacqueline M. Vemey, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 IN THE COURT OF CONIMON PLEAS OF CUMBERLAND COUNTY STATE OF -----VIRGINIA M. WIN~TT~RS, _ Plaintiff VERSUS JACK W. WINTERS~ Defendant PENNA. NO. 2003 - 2418 CIVIL ACT~ION DECREE IN DIVORCE AND NOW,_ ~' ~. ~ , ~ DECREED THAT Virginia M. Winters AND Jack M. Winters ARE DIVORCED FROM THE BONDS OF MATRIMONY. , .~&/, IT IS ORDERED AND , PLAINTIFF, ., DEFENDANT, 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; -- The parties' Property Settlemen~ratjon__~eement dated December 12, 2003 is incorporated herein and the Court has jurisdiction over no other BY THE COURT:  ROTHO N OTARi' VIRGINIA M. WINTERS, Plaintiff V. JACK W. WINTERS, Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 2003-2418 CIVIL TERM : : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAM ~: Notice is hereby given that the Plaintiff in the above matter, hereby intends to resume and hereafter use the previous name of Virginia L. Manning and gives this written notice avowing her intention in accordance with applicable law. Vir~nia~. Manning COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On the ~ -, % F'~ ~ , / ., _ /.3 _ Y °f~~2004, before me, a notary ublic ers appearea vir inia L ' . . P , p onally be the persong . Manmng (fo~nerly known as V~rg~ma M. Winters), known to me to whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and seal. Kathl Notarial Seal ~ etna K. Shaulis, Not~y Public [ Nothry Public M C~'~ lls/e Bom, Cumber _and-Couaty I y commission Expires D~. 22, 2007 ]