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HomeMy WebLinkAbout99-03253<s•: s AW e AV. vz* rte; ,W•. I$- a o• {. e.' 01 AX. •.W? ::•e e' ::u > +.: re :.?•. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. WILBUR STANLEY NORTH, JR ...................... NO....9.9-.3255 ..... ................. Versus LINDA NORTH, Defendant.__ DECREE IN DI V 0 R C E AND NOW, ....U' P .. • • •? z77.-, 19q.CV•. it is ordered and decreed that .......Wilbur.stauley.North,.Jr ................... plaintiff, and ............ Linda, Np.rth ................................... defendant, are divorced from the bonds of matrimony. i 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, .........? .............................:?.... I .... ......... . . . . . . . . tr ny The Co J. Attest: 1. Prothonotary ' f. rI'i SIG ?ti• sN7 •Wi •:E• .y;. .H;. .;e:• v?i {1:• •:1:• {1i CE• i1:• :1:• :1} :1} :1:• ..:1} {1:• :1:• :e:• :1:• •A:• G:• ;1:• •A:•.'A:'. /0 -13 s v WILBUR STANLEY NORTH, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW LINDA NORTH, NO. 99-3253 Defendant IN DIVORCE PRAEC IPE TO TRANSMIT RECORD i i. To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Publication in the Tampa Tribune and in the Free Press in Thonotossa, Florida as per Order of Court dated July 7, 1999, and as evidenced by Proofs of Publication filed in the above captioned matter. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: by Defendant: (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: May 22, 1999. (2) Date of filing and service of the plaintiffs affidavit upon the respondent: By publication in the Tampa Tribune on July 17, 1999, and by publication in the Free Press in Thonotossa, Florida, on July 10, 1999, as evidenced by Proofs of Publication filed in the above captioned action. 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 record, a copy of which is attached: Not required as per Order of Court dated July 7, 1999. (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Kristen Goddard nsen, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 1 P U i,. . c?.;. 7,7 U c„ (j i t WILBUR STANLEY NORTH, JR., Plaintiff V. LINDA NORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. CIVIL 1999 -335'3 Get 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 of divorce or annulment may be entered against you for any 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 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 WILBUR STANLEY NORTH, JR., Plaintiff V. LINDA NORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 1999 - 3-2S3 IN DIVORCE COMPLAINT IN DIVORCE NO FAULT I. Plaintiff is Wilbur Stanley North, Jr., an adult individual currently residing at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania. He has lived there for approximately one year. 2. Defendant is Linda North, an adult individual whose current residential address is unknown but whose last known mailing address was 10319 Main Street, Lot G-9, Thonotosassa, Florida. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married in June of 1985 in Carlisle, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. i 3 1 S 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P,S. Section 3301 (c). COUNT If IRRETRIEVABLE BREAKDOWN 11. Paragraphs I through 10 are incorporated herein by reference as if set forth in their full text. 12. The parties have lived separate and apart since 1994. WHEREFORE, Plaintiff requests your Honorable Count to enter a divorce pursuant to 23 P.S. Section 3301 (d). Respectfully submitted, GRIFFIE & ASSOCIATES d??(A'441AP AMI, Kristen God Donsen, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 YERIFICATION I verify that the statements made in the foregoing Complaint 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, DATE: WILBUK SiUANL Y NORTH, J&, Plaintiff i WILBUR STANLEY NORTH, JR., IN'rHE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW ? •Q NO. CIVIL 1999- 3a Y3 l Wµ ?w- LINDA NORTH, Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in 1994 and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievable broken. 3. I understand that I may loose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S, § 4904 relating to unswom falsification to authority. DATE: ??? / L? WILBUR STANLEY NORTH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. CIVIL 1999 LINDA NORTH, Defendant IN DIVORCE COUNTER AFFIDAVIT UNDER SECTION 3301(d OF THE DIVORCE CODE 1. Check either (a) or (b): 2. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check either (i), (ii), or both) (i) The parties to the action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. (a) I do not wish to make any claims for economic relief. I understand that I may loose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If 1 fail to do so before the date set forth in the notice of intention to request divorce decree, the divorce decree may, be entered without further delay. I verify the statements made in this counter affidavit are true and correct: I understand that false statements made herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. DATE: NOTICE IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER AFFIDAVIT. WILBUR STANLEY NORTH, JR., Plaintiff V. LINDA NORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 1999 IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE TO LINDA NORTH, Defendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after, July 31, 1999, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary'of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief, the filing of the form counter-affidavit alone does not protect your economic claims. 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 Respectfully submitted, Kristen Goddar nsen, Esquire Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 WILBUR STANLEY NORTH, JR., Plaintiff V. LINDA NORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL 1999 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infomtation to the court for entry of a divorce decree: t 1. Ground for divorce: lrfet §3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Publication in a newspaper of general circulation and publication in a legal journal of general circulation in Thonotosassa, Florida. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (d) of the Divorce Code: by Plaintiff: by Defendant: (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file Praccipe to Transmit record, a copy of which is attached: Publication in a newspaper of general circulation and a publication in a legal journal of general circulation in Thonotosassa, Florida. (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Kristen God Donsen, Esquire Attorney for Plaintiff GRIFFIE R ASSOCIATES C. .... J , ` w 1 ' i t.0 (DIVA\_`vAA\vll WILBUR STANLEY NORTH, 3R., Plaintiff V. LINDA NORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 1999-3253 CIVIL IN DIVORCE THE TAMPA TRIBUNE Published Daily Tampa, Hillsborough County, Florida State of Florida 1 County of llillsborough I ss. Before the undersigned authority personally appeared J. Rosenthal, who on oath says that she is Classified Billing Manager of The Tampa Tribune, a daily newspaper published at Tampa in Jlillsburough County, Florida; that the attached copy of advertisement being a LEGAL NOTICE BRANDON in the matter of fid 9- WILBUR STANNLEY NORTH, JR. H.H jai was published in said newspaper in the issues of 0 ? ¢ _ JULY 17, 1999 9 8 Affianl further says that the said The Tampa Tribune is a newspaper published at Tampa in said Hillsborough Jp 4ry0,,tr, County, Florida, and that the said newspaper has heretofore been continuously published in said Hillsborough J@ ?D County, Florida, each day and has been entered as second class mail matter at the post office in Tampa, in said Hillsborough County, Florida for a period of one year nest preceding the first publication of the attached copy of advertisement; and affiam further says that she has neither paid nor promised any person, this advertisement for publication in the said newspaper. 19 Swam to and subscribed before me, this day of JULY A.D.1999 Personally Known _or Product Identification Type of Identification Produced (SEAL) Y C" ?. C- fir) C•J ?.l N L O U, U WILBUR STANLEY NORTH, JR. Plaintiff VS. LINDA NORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 1999-3253 CIVIL IN DIVORCE PROOF OF SERVICE C`?Ie free Press - (Published Weekly) Tampa, Hilleborough County, Florida STATE OF FLORIDA, COUNTY OF iIILL.SBOROUGH. Before the undersigned authoriq, personally appeared JOHN N. HARRI SON, IV, svho on oath says that he is Peblis•her of Tllh FREE PRESS, a meekly newspaper published at Tarnpa, in Ilills•borough County, Florida, that the attached c•opv q( advertising being a true copy in the matter of No. 6H NC71CE 20.1 CM ?.i Net. Civil 1999 • 3253 Civil N077CE IneMcourt of comemonPNasa 'i Cumberland county, PetWylvYda WiLRUR STANLEY NORTH, JR. cfyll ACTIN - uw sc i INWONCE LINDA NORTH WIieUR STANLEY NORTH, JIL; aleeun was published in said nes,spape'r in the issues of July l0, 1999 v. LINDA NORTH, Defendant If you wish to deny any of the slate.' Affant farther says that the said THE FREE PRESS is a newspaper published W M SECTION 3301(d) at Tnnhpn, in said Hillsborough County, and that the .raid newspaper has heretofore bee ti l bl 1, Theperects to lNS acOoOn separa' n con nmus Y pu ished in said IfilLsbornu,gh Count}, Florida, each week and 1 l 94andh6eeotdleuedtolve has been entered as a second-class nmil natter' at the post office in Tmnpa, in said atVestteandapurtfaapMOd oL - rtleeatlwo(2lyears: ? Hillsborough County, Florida fiir a period of one year nest preceding the first Z The marriage is irretrievable, publication of the attached copy of advertisenrenr and affrant further says that he 3 1u eerstandthrtlmyboxdpde has neither paid nor prom i.sed any person, firm ar corporation ahoy discount, rebate, ., concerning alimony, division of, commission or refund for the purpose of securing this advertisem ent for pit blication , or propeset I not lawyer's claim fees em m es7enses in the said newspaper. v eels Defueadwrcebpamed. eG ' This 10 of July, 1999 I verify that the statements made In tNS efhdait eretrue end eorrect: hMer, 1N . stand Chet are made falsesubject to the penalties at he 18 9O4 - S 5 44904 relrtNg to unawomfeltF f A .,,,. r; j• ie 5 ntoe-9 oft- ' DATE: 50 auto . , , DATE: WII R-s, NORTH. SR. 7.10 and subscribed before me This 10 of July, I ?f Qe Rr MARGIE LUCIENE ?wr My Comm Esp. 3x01/01 BoWed Iris, ( rsonaNy 6Knosvp5 i 1DgsM I.D, ? )r lj 'Pt, r ¦ WILBUR STANLEY NORTH, JR. Plaintiff vs. LINDA NORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 1999-3253 CIVIL IN DIVORCE Aree Press (Published Weekly) Tampa, Hillsborough County, Florida ,SPATE OF FLORIDA, COUNTY OF HILLSBOROUGH. Beftrre the undersigned authority personally appeared JOHN N. HARRISON. IV, who on aath says their he is Publi.eher of THE FRILE PRESS, a meekly newspaper published at Tamgnr, in Hillsborough County, Florida, that the attached cop), or advertisiag being a true cope irn the natter of No. Civil 1999 - 3253 Civil NOTICE TO DEFEND AND CLAIM RIGHTS WILBUR STANLEY NORTIL JR. V. LINDA NORTH inns published in said newspaper in the issues of July M. 1999 Na CMI 1990.7265 CIW NOTICE TO DEFEND AND ,CLAIM flI0fR9' "r in tlu Court of Camas Pion of..' Cim"dow Coma, Pawywal" CML ACTWN• LAW IN MOM .. WUUA STANLEY NORTH, JA., PIN*" u A? Affnant further says than the said THE FREE PRESS is a newspaper published at Tannpn, in said Ilill.sboroagh Counts mul that file said newspaper has heretofore been canrinaously published in said Hillsborough Couotst Florida, each neck (aid has been entered as a second-class mail nurier at the past office in Tampa, in said Hillsboroagh County, Florida for a period of one year nest preceding the first publication of the attached copy or advertisenren0 avid offrmu further says that he has neither paid nor prootised (ill y person, first or corporation any tli.scoant. rebate, connmission or refund for the purpose of.securin,g this advertisement for publication in the said newspaper. This 10 of Jaly, 1999 ?/rr1 This 10 of Jaly, 1999 ersonally known to me and .subscribed before me ---- -- A1argie Luciene MARIE LUCIENE oe' My Comm Exp. 9101101 wa : Semca Ins. ^m° CC676755 pNIwaiT Kno.n I )ice I.o. 1 l• L. Ifij k; /1 '?Il - ? G WILBUR STANLEY NORTH, JR., Plaintiff V. LINDA NORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3253 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this 2f day of MBy?upon consideration of the within Petition, the Divorce Complaint in the zbove captioned action may be served upon Defendant, Linda North, as follows: I. One publication in a newspaper of general circulation in Thonotosassa, Florida; and 2. One publication in a legal journal of general circulation in Thonotosassa, Florida. BY THE COURT, ? t J. /J DIV IN"y " r_iJi :c, i L20 %I T! WILBUR STANLEY NORTH, JR., Plaintiff V. LINDA NORTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-3253 CIVIL TERM IN DIVORCE PETITION FOR ALTERNATIVE SERVICE AND NOW, comes Petitioner, Wilbur Stanley North, Jr., by and through his counsel of record, Kristen Goddard Donsen, Esquire, and Petitions the court as follows: Your Petitioner is the above named Plaintiff, Wilbur Stanley North, Jr., an adult individual currently residing at 1142 Newville Road, Carlisle, Cumberland County, Pennsylvania. 2. Your Respondent is the above named Defendant, Linda North, and adult individual whose current residential is unknown, but whose last know residential address was 10319 Main Street, Lot G-9, Thonotosassa, Florida. 3. Your Petitioner initiated the instant action by the filing of a Complaint in Divorce filed contemporaneously with this Petition in the Court of Common Pleas of Cumberland County, Pennsylvania. 4. Your Petitioner attempted to serve Respondent at the last known residential address by certified mail, restricted delivery. Respondent was not known at that address, but it appears that another address was attempted by the post office. It appears that that address was not correct. (See attached Exhibit "A") 5. The parties have been separated since 1994. 6. Petitioner has contact with his wife's children who are both currently residing in Pennsylvania. 7. Respondent has sporadic contact with her children but the children are unaware of her current residential address. 8. Respondent's children have no means of contacting her. 9. Respondent is neither a Plaintiff nor a Defendant in any support action in the Commonwealth and, therefore, this means of obtaining her address is unavailable. 10. Petitioner is unsure whether Respondent is using her married name of Linda North or whether she is using her maiden name of Linda Rotz. 11. There are no means of personally serving Respondent. 12. There are no marital assets to be distributed between the parties. 13. There are no children of the marriage. WHEREFORE, Petitioner requests your Honorable Court that the Complaint in Divorce, Affidavit Under §3301 (d) of the Divorce Code, Notice of intention to Request the Entry of a Divorce Decree, Counter Affidavit, and Petition to Transmit the Record, be served upon Respondent through one publication in a newspaper of general circulation in Thonotosassa, Florida, as well as one publication in a legal journal of general circulation in Thonotosassa, Florida. Respectfully submitted, Kristen Goddard sen, Esquire C GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 f (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE:?I? -J? IZ4?a? WILBUR ST ANLEY NORTH, JR., P int y C C r• n q m ?'M1 ppooapU?v ?, ?? QR7 '? 538" ? A ?y $ A ° y z ? A :.n '_ p o in rR m ._y ?r r N 1O L I w r 1 r a w w idz 1 I z H w ? x ?,I?ooooc? ::.. t3i A9 wT I iRRV 1 „ EXHIBIT "A" r , cl: C7 L`? CJ i WILBUR STANLEY NORTH, JR., PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LINDA NORTH, DEFENDANT 99-3253 CIVIL TERM ORDER OF COURT AND NOW, this 7" day of July, 1999, IT IS ORDERED: (1) The order of June 21, 1999, regarding service of the divorce complaint is vacated and replaced with this order. (2) Plaintiff may serve defendant Linda North by publishing once in a newspaper of general circulation in Thonotosassa, Florida (a) that this divorce action has been instituted at 99-3253 in the Court of Common Pleas of Cumberland County, Pennsylvania, and (b) a copy of the affidavit under Section 3301(d) of the Divorce Code. By the Court BayleyjJ. Kristen Goddard Donsen, Esquire _ cft qh For Plaintiff b • Y' :saa P,lg j ,jTkp m 99 Jul , ? , t1 F?Snvr?N? cum":)