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Home My WebLink About99-02267 ','.;''-' ',',' ",",:..,< :(:~,," ........ ' ""~",:':' ;.'".... ,~,..., "'-,,,, .~J .~~Co"'>>"~c.: ..... '-:....."o":~.. - --:w '(C.~ ~<<.- ~.:c, ~.. '~"". -:..... '-:.'. -:.~ ..:-....., ;..:c,":,~.v ~.,,:c-: ,~"",'x',,,:c<...,,:+xx.o<>,,:.~ ...-:.x..-:...... '~'>ac'<<<~ ~.. --.. ;0........ . __'. .........." ...... .... -"0 .., ....... ......... . .,' ~ ~ : IN THE COURT OF COMMON PLEAS I ~ OF CUMBERLAND COUNTY ~ ~ ~ ?, .... " ~ 'J) ~ : STATE OF ~ PENNA. I ~ ~ ~ ..(;[:O~~IANNA~.~. SWANK... .... .... ..... ................. II ~ " Plaintiff . N (). ......~P..7P6.7... ................XP9 . M ............... ............... ..... :1 a ;.0, '! (: iil VCI'SllS:i ,.. .': II ~ ~ ..Wm.~i\MD!.~W"NK... ... . ...... I ~ ~ J:efendant, I,.' ~ .... ~ rt! ~ y ~ ..~ r.. ~.. .... ~ ~ ~~ ~ DECREE IN ~ ~ DIVORCE ~ ~ ~ ~ AND NOW, ....... ..... fUt,.(.... jl~... ..100:. .?QO?, it is ordered and ~ i v ~ decreed that ........... ~9~9!~.!3:. ?!~!'M<.. .. .. .. . .. .. .. . .. " plaintiff, ~ ~ ~ ~ and ....... . . . . . . . . . . . . . .\,(~LL~AM .I?. .$~~. . . . . . . . . . . . . . . . . . . '. defendant, ~ ^ ~ ~ are divorced from the bonds of matrimony. ~ y x ~.' y .. ~ ~ 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; ~ x ~~ ~ .. .... .. .... .. . . .... ... . .. ..... .. . .. .. .... ... . .. ... . .. .... .. . . . . . . .. . . .. .., .~ ~ ~ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~.~ ~ ~ ~ ~, ;,; ~ ~ ? ~ ~ "l ~ "l ~_ ~___.__~_ ~:~,~~-~~,~~-~.~--~-----~ ,. H4JH ~ ,'. ~ ~ '.~ J. ~ '.' ~ '.' '-'.. ;d Prothonotary 1 ~:' ~ ......------------------,.......-,.-...,....................--- ~ .-:.:. .:.:. ,':.:' .:~;..:.:.".:.:. .:.:. ':":', ':.:', .:.:.' -'" GEORGIANNA B. SWANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, WILLIAM 0, SWANK, Defendant NO, 99-2267 Civil Term 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 Section 330l(c) of the Divorce Code. 2, Date and manner of service of the complaint: By certified mail, restricted delivery, on May 9, 1999, The Affidavit of Service was filed on May 11, 1999, 3, Date of execution of the Affidavit of Consent required by Section 330l(c) of the Divorce Code: by Plaintiff, May 13, 2002; by Defendant, May 28, 2002. 4. Related claims pending: There are no related claims pending, 5, Date Plaintiff's Waiver of Notice was filed with the Prothonotary: June 6, 2002, Date Defendant's Waiver of Notice was with the Prothonotary: June 6, 2002, Ric rd S, Friedman, Esquire At orney for Plaintiff f" ::.~ C) r." ~ ...:J .- ._~ ~;~~ :'j .r ) ., ~ol. . .' .. ,. (:, ; ~ ;C \.0 , ,- j] .. ;~; .. ; , , , L. " CQ - ,o.i _OJ ~"l.. ~~; ('.J :5 C) (J .... II \Wp\PLEAf)INCJ\IWlInk-dlv (romp \Ofpd ""'" 7, Plaintiff and Defendant are both citizens of the United States, 8, Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling, Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court, 9, Plaintiff avers that there are no children ofthe parties under the age of eighteen (18), COUNT I - DIVORCE 10, Plaintiff avers that the grounds on which the action is based are as follows: (a) That Defendant has 'offered such indignities to Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable; and (b) The marriage is irretrievably broken; and ( c) Defendant has committed adultery. COUNT 11- EOUlTABLE DISTRIBUTION II. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Chapter 35 ofthe Divorce Code. "- r:- ..:( > . i'l:} i~= ~. cli(~ '-~': ;l,i.' ," ~1c' ~n U:!ll - f~ c. _ c:': ,.... -c-r o 0'\ cr. j:> "J 'i) "" \:) \6 \In \s--. I.s- -- ......... I.lJ c: (;.: ;>- ,.. . ; ; J:"r; . ." ;';;.: I' '~, f~ 0J ,.' .~ .".)"J :5ii. d -- ~ J oC".l - :t il' ~ m. ! 3 ~ ,~S ~ P...... t::. ~r"" if N s ", ~ ~ "<"'> "(') " ~I,rl ...::J~ ~ Ii -.. ::::-- V) C)-. <:'- !'" \:>.0 ~~~ ':::l .:; ." 1il a .~ '3s .::l . 1il':::l ~.; S! tl i ~. "I c:; 1;; ~:'.~ to"'; '-11(. , .~ ',i,"" ( " p::( . , J .",. ,. (\/~: '.. . r". ":':-.i (,' ~ " -. (I.;:". - ,;)'rJ G.."!,,! ".. f' :..~ '.(ii'b ('- -- ~'~.!t;l._ () 0) ..J <". V r:l Ii . m ~~ (:) ."",Q;\ ~~t!;=' o1<! ~ 1<! S , . ~ . , . GEORGIANNA B. SWANK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. WILLIAM D. SWANK, Defendant NO, 99-2267 Civil Term AFFIDAVIT OF CONSENT 1, A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 15, 1999, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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, DATED: -- ~ -ft-Pz- ~~<i?;/~ i liam D. Swank ~ t1ll:L'E9L ILLLI ~m-LLOLl Ifd '111H dW\f~ l33ijlS l3lfijVW lEt~ M\f1llf SA3NijO.ll1f 'O'd '1lJ.3NDO~ " ij3l0lf'ij3Dlf3ij :>;: co ~ c, N ~~~~ z i~ ::0 <( r::'7 }.i:-t:i.: 1.L.. C)~ r~( i r- ~',~~~ 6." .~: !:9 u..:'.'" N .1... u:~~,! l.c ._~ ..;,;: iilfE I" III -. -, ...:; -- I.L 0 ::.> 0 ,oJ t) , . . JAN 31 zoooifJ ; .' GEORGIANNA B. SWANK, Plaintiff, v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-2267 WILLIAM D. SWANK, CIVIL ACTION - LAW IN DIVORCE Defendant. ANSWER AND NOW, comes the Defendant, WILLIAM D. SWANK, by and through his attorneys, MANCKE, WAGNER, HERSHEY & TULLY, and files the fOllowing Answer: 1- Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted to the extent that Defendant does not request the Court to undertake marriage counseling either. 9. Admitted. COUNT I - DIVORCE lOa. Denied. It is denied that the Defendant has offered such indignities to the plaintiff, and it is further ':! :;~ /~ " CERTIFICATE OF SERVICE ;j~ ~ I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, HERSHEY, & TULLY, do hereby certify that I am this day serving a copy of the foregoing document to the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the united States Mail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: :. , .";~ " .. q ji. .4 'il ~ ~ t i Maria P. Cognetti, Esquire COGNETTI & BRADERMAN 200 North Third Street P.o. Box 689 Harrisburg, PA 17108-0689 ~: ~~A , i' , f i! " " .'i By ~ c:t. J/W1lA~ Debra K. Spinner, Secretary MANCKE, WAGNER, HERSHEY & TULLY 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorneys for Defendant DATE: .trjifll/fJ'/ '. 4. On or about October 5, 2000, Movant's attorney served upon Rcspondent's attorney Interrogatories and a Request for Production of Documents seeking the appropriate financial inlormation toward the resolution of the parties' economic claims. 5. Pursuant to Pennsylvania Rule of Civil Procedure No. 4006, Respondent's Answers to Interrogatories were due within thirty (30) days after service of the Interrogatories. 6. Pursuant to Pa.R.C.p. No. 4009. 12(a) (I) and (a)(2), Respondent was required to serve his answcrs, inclUding any objections, and to produce or make available to Movant, the requested documents within thirty (30) days after service of Movant's Request for Production of Documents. 7. More than thirty (30) days have passed since Movant served Respondent with her Interrogatories and Request for Production of Documents. 8. On or about November 8, 2000, counsel for Movant sent counsel for Respondent a letter stating Respondent had failed to provide his Answers to Interrogatories and the documents requested in her Request for Production of Documents, and asking when Movant would receive same. Counsel for Respondent failed to respond to this letter. A true and correct copy of the letter is attached hereto, made a part hereof, and marked Exhibit "A." 9. On or about December 4,2000, Movant's counsel sent Respondent's counsel a second letter stating Respondent had failed to provide his Answers to Interrogatories and the documents requested in Movant's Request for Production of Documents, and asking when Movant would receive same. A true and correct copy of this letter is attached hereto, made a part hereof, and marked Exhibit "B." 10. On or about December 8, 2000, Respondent's counsel sent Movant's counsel a letter stating, inter alia, that Respondent had not filed his incomc tax returns for tax ycars 1997, 1998, and 1999, that Respondent necded to meet with his accountant regarding the above tax returns, and requesting that Respondcnt's Answers to Interrogatories be delayed until Respondent prepared thc above tax returns. No time frame was given. A true and correct copy of this letter is attached hereto, made a part hereof, and marked Exhibit "C." II. As of this date, Respondent has failed to provide his Answers to Interrogatories and any of the documents requested in Movant's Request for Production of Documents. 12. Pursuant to Pa.R.C.P. No. 40 I 9(a)(I)(i), the Court may enter an appropriate Order if a party fails to serve answers, sufficient answers, or objections to interrogatories under Rule 4005. 13. Pursuant to Pa.R.C.P. No. 40 I 9(a)(I)(vii), the Court may enter an appropriate Order if a party, in response to a request for production or inspection under Rule 4009, fails to respond that inspection will be permitted as required or fails to permit inspection as requested. 14. Movant believes and therefore avers that Respondent has no intention of complying with her discovery request. 15. Movant requests this Honorable Court enter an Order pursuant to Pa.R.C.P. No. 4019(a)(I)(i) and (a)(I)(vii) compelling Respondent to provide his Answers to Interrogatories and Request for Production of Documents within ten (10) days. 16. Movant has incurred counsel fees in the amount of$500.00 in the preparation of this Motion. exhibit A exhibit B EXHIBIT C '. . CERTIFICATE OF SERVICE I, H. Allison Wright, Esquirc, Attomcy for Plaintiff/Movant herein, do hcreby certify on this date I served the within document on the following individual and in the following manner: MARIA P. COGNETTI & ASSOCIATES Service Bv First Class Mail To: P. Richard Wagner, Esquire Mancke, Wagner, Hershey & Tully 2233 North Front Street Harrisburg, P A 17110 By: ~vJ- H. ALLISON WRI~SQUIRE Attorney I.D. No. 60311 210 Grandview Avenue, Suite 102 CampHilI,PA 17011 Telephone No. (717) 909-4060 Attorneys for Plaintiff/Movant Dated: JanuaryZ-,2001 ~ 7--. >- a Sl: lr. % ,- N ::>.~ lJJQ Cl::;- JZ l:-... C.) or.; ~t.: ~ ~ ~ u::;C. "'- ''*'\::j (l" ...I.....:r '7>_ C)f~ r- '''''CI) ") T ..,' ':"~2 ....j ~ ~;~. ......--.... ..a-......... ..j ::.t -Utu =:J (1.1c... 8 - ""- ~. -, :;;: u. N :::> 1 0 0 u ~ t-- t>r CJ