HomeMy WebLinkAbout01-06248
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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PENNA.
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STATE OF
DAVID B. WILDE,
Plaintiff
N 01-6248 CIVIL
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VERSUS
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KELLY A. BOWEN-WILDE,
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Defendant
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DECREE IN
DIVORCE
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~n'J ~c/ , ~r<r, IT IS ORDERED AND
David B. Wilde
AND NOW,
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DECREED THAT
AND
Kelly A. Bowen-Wilde
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
, DEFENDANT,
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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;
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NONE
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ArrE';J~~
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By THE COURT: d
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PROTHONOTARY .
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DA VlD B. WILDE,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 01-6248
CIVIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - 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)ofthe Divorce Code.
2. Date and manner of service of the complaint:
11/09/2001, US mail, certified, restricted delivery return receipt,
postage prepaid
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by g3301(c)
of the Divorce Code: by Plaintiff March 13,2004
by Defendant March 8, 2004
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 the record, a copy of which is attached:
(b) Date plaintiffs Waiver of Notice in g3301(c) was filed with the
Prothonotary: March 25, 2004
Date defendant's Waiver of Notice in g3301(c) was filed with the
Prothonotary: March 25, 2004
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William 1. Grubb, Esq. '
Attorney for the Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DAVID B. WILDE,
v.
: NO. 01. (p1."I1
CIVIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - 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 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 relief requested in these papers by the Plaintiff. You may loose money or property
or other rights important to you, including custody or visitation of your children.
When the grounds for the divorce is indignities or irretrievable breakdown of the
mardage, you may request marriage counseling. A list of marriage counselors is
available in the Office of the Prothonotary, First Floor, Cumberland County Courthouse,
I Courthouse Square, Carlisle, Pennsylvania.
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
Telephone (717) 249-3166
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DAVID B. WILDE,
v.
: NO. Ot. ~.2. ~ r
CIVIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - DIVORCE
COMPLAINT IN DIVORCE
AND NOW COMES the Plaintiff, David B. Wilde, by his counsel, William L.
Grubb, Esquire, and complains of the Defendant, Kelly A. Bowen-Wilde, as follows:
COUNT I
COMPLAINT UNDER SECTION 3301 (c) OR
3301 (d) OF THE DIVORCE CODE
1. Plaintiff is David B. Wilde, who currently resides at 5013 Woodbox Lane,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Kelly A. Bowen-Wilde, who currently resides at 3212 North
5th Street, Harrisburg, Dauphin County, Pennsylvania.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least
six months immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on September 18, 1999 at Camp
Hill, Cumberland County, Pennsylvania.
5. The parties have been living separate and apart since February 16, 2001.
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6. There have been no prior actions of divorce or for annulment between the
parties.
7, Neither party is in the Armed Services of the United States or its allies.
8. The marriage is irretrievably broken.
9. 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.
10. Plaintiff requests the Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the
marriage between the parties.
COUNT II
EOUITABLE DISTRIBUTION
II. Plaintiff incorporates the allegations of paragraphs one (1) through ten
(10) by reference as if set forth at length herein.
12. During the course of the marriage, the parties have acquired numerous
items of property, both real and personal, which are held in joint names and in the
individual names of the parties hereto.
WHEREFORE, Plaintiff prays this Honorable Court, after requiring full
disclosure by the Defendant, to equitably divide the property, both real and personal,
owned by the parties hereto as marital property.
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COUNT III
REOUEST FORA FAULT DIVORCE UNDER &3301(a)(2) OF THE DIVORCE CODE
13. Paragraphs one (1) through twelve (12) of this complaint are incorporated
herein as if fully set forth herein.
14. On or about February 16, 2001, while the parties were domiciled within
the Commonwealth of Pennsylvania, the Defendant, in violation of the marriage vows
and the laws ofthe Commonwealth, did commit and continues to commit adultery.
15. This action is not collusive, as defined by ~ 303 of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of
Divorce, pursuant to ~3301(a)(2) of the Divorce Code.
COUNT IV
REOUEST FORA FAULT DIVORCE UNDER &3301(a)(6) OF THE DIVORCE CODE
16. Paragraphs one (1) through sixteen (16) of this amended complaint are
incorporated herein as if fully set forth herein.
17. While the parties were domiciled within the Commonwealth of
Pennsylvania, and through no fault of the Plaintiff, the innocent and injured spouse, the
Defendant, in violation of the marriage vows and the laws of the Commonwealth, has
offered such indignities to the person of the Plaintiff as to render his condition intolerable
and life burdensome.
18. This action is not collusive, as defined by ~ 303 ofthe Divorce Code.
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19, Plaintiff has been advised of the availability of counseling and that the
Plaintiff or Defendant has the right to request the Court to require the parties to
participate in such counseling.
WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of
Divorce, pursuant to s3301(a)(6) of the Divorce Code.
Respectfully submitted,
Date: ()c:t. "& \ ,L,.tp/
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William L. Grubb, Esquire
J.D. # 72661
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 763-5580
Attorney for Plaintiff
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VERIFICATION
I, DAVID B. WILDE, verify that the statements made in this document are true
and correct. I understand that false statements herein are made subject to penalties of 18
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Pa. C.S. S 4904, relating to unsworn falsification to authorities.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DAVID B. WILDE,
v,
:NO. 61- ~ 2.'/'6
CIVIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - DIVORCE
AFFIDAVIT OF MARRIAGE COUNSELING
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David B. Wilde being duly sworn according to law, deposes and says:
I, 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 Office of
the Prothonotary, 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 by the court.
I understand that false statements herein are made subject to the penalties of Pa.
C.S. 94904, relating to unsworn falsification to authorities.
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DAVID B. WILDE,
v,
: NO. 01-6248
CIVIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on November 1, 2001.
2. The marriage of the 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 in Divorce
after service of notice of intention to request entry of the
decree.
I verify that the statements made in the Affidavit are
true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa. C.S. 54904
relating to unsworn falsification to authorities.
Date: 7- I~V)'1
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DAVID B. WILDE,
v,
: NO. 01-6248
CIVIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on November 1, 2001.
2. The marriage of the 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 in Divorce
after service of notice of intention to request entry of the
decree.
I verify that the statements made in the 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: ~
ant
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DAVID B. WILDE,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 01-6248
CIVIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
DIVORCE DECREE UNDER 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2 .
alimony,
I do not
I understand that I may lose rights concerning
division of property, lawyer's fees or expenses if
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. ~4904
relating to unsworn falsification to authorities.
Date: '> -I f, 0
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, Plaintiff
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Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
DAVID B. WILDE,
v,
: NO. 01-6248
CIVIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
DIVORCE DECREE UNDER 3301(0) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce
without notice.
2.
alimony,
I do not
I understand that I may lose rights concerning
division of property, lawyer's fees or expenses if
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. 34904
relating to unsworn falsification to authorities.
Date:
0/0/10/
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Defendant
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DAVID B. WILDE,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
: NO. 01- 6248
CNIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - DNORCE
PROOF OF SERVICE BY MAIL
I hereby certify that a true and correct copy of the
Complaint in Divorce filed in the above matter, was served
on Kelly A. Bowen-Wilde by first class, certified mail,
return receipt requested, deliver to addressee only, at 3212
North 5th Street, Harrisburg, PA
17110, on November 1,
2001.
Addressee acknowledged receipt of the same on
November 9, 2001, as shown by the return receipt card
attached hereto as Exhibit "A".
I verify that the statements made in this document are
true and correct. I understand that false statements herein
are made subject to penalties of 18 Pa. C.S. ~ 4904,
relating to unsworn falsification to authorities.
Dated:
III bV' ,
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William L. Grubb, Esquire
I.D. 72661
3105 Old Gettysburg Road
Camp Hill, PA 17011
(717) 763-5580
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. *' "~pl~i~ items 1, 2, and 3. Also complete
,jtem 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
~ that we can return the card to you.
. Attach this card to the back of the malJpiece.
or on the front if space permits.
1. Article Addressed to:
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D. Is delivery dress different from Item 1?
If YES, enter delivery address below:
SoT,
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3. Service Type
pi\, Certified Mail
o Registered
o Insured Mail
o Express Mail
JiCl Return Receipt for Merchandise
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4. Restricted Delivery? (Extra Fee) I3'Yes
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DAVID B. WILDE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
: NO. 01-6248
CIVIL TERM
KELLY A. BOWEN-WILDE,
Defendant
: IN LAW - DIVORCE
AFFIDAVIT OF MARRIAGE COUNSELING
David B. Wilde 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 Office of
the Prothonotary, 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 by the court.
I understand that false statements herein are made subject to the penalties of Pa.
C.S. 94904, relating to unsworn falsification to authorities.
Date: /l9-tlj
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