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HomeMy WebLinkAbout07-1880!. WARREN WORTHERLEY, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TAMMY A. WORTHERLEY, NO. 07- /Aw CIVIL TERM Defendant 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 claim or relief requested in these papers by the plaintiff. You may lose money or property or other right 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, Cumberland County Courthouse, 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 LAWYER, GO TO OR TELE PHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, PA 17013 (717) - 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. WARREN WORTHERLEY, IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE, CUSTODY, EQUITABLE DISTRIBUTION TAMMY WORTHERLEY, Defendant NO. 07- /spw CIVIL TERM COMPLAINT FOR DIVORCE AND EQUITABLE DISTRIBUTION The plaintiff, Warren Wortherley, by his attorneys, the Family Law Clinic sets forth the following causes of action in divorce, custody, and equitable distribution: COUNT I DIVORCE UNDER TITLE 23 Pa. C.S. §§3301(c) and (d) OF THE DIVORCE CODE 1. Plaintiff is Warren Wortherley, an individual, currently residing at 4 Dulles Drive West Apt. G9, Camp Hill, Cumberland County, PA. 2. Defendant is Tammy Wortherley, an individual, currently residing at 1001 Rupley Rd. Apartment 205, Camp Hill, Cumberland County, PA. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant are husband and wife, having been married on May 11, 2000 in Dauphin County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since January 3, 2007. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 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 the court to enter a decree of divorce dissolving the mamage. COUNT II EQUITABLE DISTRIBUTION 9. Plaintiff repeats and realleges paragraphs 1 - 8. 10. Plaintiff and Defendant have acquired property during the marriage, including, but not limited to, a 401(k) retirement plan bearing the name of Tammy Wortherley. WHEREFORE, Plaintiff requests the Court to enter a decree awarding Plaintiff the equitable portion of the value of the 401(k) retirement plan as of January 3, 2007 and provide such other relief as the Court deems just. Date /Im, Respectfully submitted, 2qJEE A. RODRIG EZ ied Legal Intern t e-(C r'V ' 414 CY TON-WALSH Supervising Attorney Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717) 243-3639 .. P- VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. - Dated: 117 Mr. Warren Wortherley ? ??., C: ?? c ? - - ? ? ? C3"' ?-:? ," - q? .. -1 C..1 (?'? --G Warren Wortherley, Plaintiff, V. Tammy Wortherley, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 07- J?k CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Warren Wortherley, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date q- S-- 2 a°? Respectfully submitted, JES RODRIGUEZ C ified Legal Intern CY J N-WALSH Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C17 " ? ?.: i co "? WARREN WORTHERLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE TAMMY A. WORTHERLEY, Defendant NO. 07 - 1880 CIVIL TERM CERTIFICATE OF SERVICE I, Jesse A. Rodriguez, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Tammy Wortherley, residing at, 1001 Rupley Rd. Apartment 205, Camp Hill, Cumberland County, Pennsylvania, by depositing a copy of the same in the United States mail, certified, return receipt requested, postage prepaid. Service was complete upon receipt by Tammy A. Wortherley, on the 6t' day of April, 2007 as evidenced by the attached green card. A. ROE :d Legal LUCY JOHNS Supervising At L_p 4'? Z -WALSH, Esq. FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 -rs Q and t • t3on+p? ? 1, tY VW4W 06*00 owdlOYOu- M Print Y roarm ttw? iml? fl tud *0 c 110 w book o ? Auch cord pe's s e 0*0 Mot Ispecs ICJ mmI Apr ??er? loot IR 6vq , Cf DNS I" dow* we- -- l--? 0 No tadllVNy ab?1OU?' it `lm xp°nopt for Dnetch?'dise tA? ('.' 3 E?"p?'` ? Re -- Yes ? Irk fee) a. ae ad °e' 1my? ---- 2632 5317 7005 93`1p 00133 n.w" PS F??' F Warren Wortherley, Plaintiff V. Tammy A. Wortherley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : No. 07-1880 CIVIL TERM PRAECIPE TO WITHDRAW EQUITABLE DISTRIBUTION COUNT To The Prothonotary: Kindly withdraw Count II - Equitable Distribution of the Divorce Complaint at the above-captioned docket filed on April 5, 2007. Date: l 14 en E e ' ed ern _a?6A' UUC 019NSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 ' r-y p -n C 7 ?_ ,:r? ?, y"'E'? r? ?? t? ` ? , , . ) i'? .J ; -; -t ; ? , s? -- ? ? ? -, r f?. ? ? `--? ? fTti Warren Wortherley, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW Tammy A. Wortherley, : DIVORCE Defendant No. 07-1880 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, Certified Legal Intern, Family Law Clinic, hereby certify that on August 2, 2007, I served a true and correct copy of the Praecipe to Withdraw Equitable Distribution Count and Plaintiff's 3301(c) Affidavit pursuant to Pa.R.C.P. 1920.72, to Defendant's attorney of record, Timothy J. O'Connell, 4415 North Front Street, Harrisburg, PA 17110, by depositing a copy of the same in the United States mail, postage prepaid. LUCY 4OWSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717) 243-2968 Fax: (717) 243-3639 Warren Wortherley, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v. Tammy A. Wortherley, Defendant CIVIL ACTION-LAW DIVORCE No. O-.I $80 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) & (d) of the Divorce Code was filed on April 5, 2007. 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. §4904, relating to unsworn falsification to authorities. Date ? /t 0 7 arren Wortherley, Plaintiff c--? G ?,? ` ? c -t:' ? ri ,G', - 'Q ,, ? ? i c- „` ? ?? ? -?,? ?? `- y ? : ?m ` f?'t? ?? "FJ ?;) C5` WARREN WORTHERLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-1880 CIVIL TERM TAMMY A. WORTHERLEY, CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under Section 3301(c) of the Divorce Code was filed on April 5, 2007. 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. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRYOFA DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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. 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: 1 ?I (I Tammy A. ortherley // Social Security No. /(?,5 -(D ` 1-,3?U5 Q rn m=l A En Warren Wortherley, Plaintiff V. Tammy A. Wortherley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE No. 07-1880 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. §4904 relating to unsworn falsification to authorities. Date li -, r Warren Wortherley, Plaintiff r--Z, C3 i :f Warren Wortherley, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION-LAW Tammy A. Wortherley, : DIVORCE Defendant : No. 07-1880 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, Certified Legal Intern, Family Law Clinic, hereby certify that on October 16, 2007, I served a true and correct copy of the Praecipe to Transmit the Record and Plaintiff's Waiver of Intention to Request Entry of a Divorce Decree Under §3301(c) of the Divorce Code to the Defendant's attorney of record, Timothy J. O'Connell, 4415 North Front Street, Harrisburg, PA 17110, by depositing a copy of the same in the United States mail, postage prepaid. Date: TH MAS . P ACE ROBERT ?RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 C? ? `art © 3 ?O `y Warren Wortherley, Plaintiff V. Tammy A. Wortherley, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE No. 07-1880 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly 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 complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt of green card and filing of Certificate of Service on April 12, 2007. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff. August 1, 2007; by defendant: September 19, 2007. 4. Related claims pending: None 5. Date Defendant's Waiver of Notice was filed with the Prothonotary: September 24, 2007. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: October 5, 2007. 101q i drq- Date W nE Certi ied Legal Intern ,4j t ?n ucy J st n-Walsh, Esq. Supe ising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff r- ? ..., _ ? `?' ? : ? ? ? y r` r. -?, -? `??? ? ???? ? t s --- ? ...-?t {-` ,, ? ? ?'rw?. ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Warren Wortherley, Plaintiff VERSUS Tammy A. Wortherley, Defendant No. 1880 2007 DECREE IN DIVORCE AND NOW, oaije, a 3 0'sr ,n 0.1./ 2007 , IT IS ORDERED AND DECREED THAT Warren Wortherley , PLAINTIFF, AND Tammy A. Wortherley 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 PROTHONOTARY ;vw ?? y