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Home My WebLink About99-04753 V) n > A EDNA L. SWILER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99_ y?53 CIVIL TERM CHARLES C. SWILER, CIVIL ACTION - LAW Defendant ACTION 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 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 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, Cumberland County Courthouse, One 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 LOST 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 FDNA L. SWILER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 CIVIL TERM CHARLES C. SWILER, CIVIL ACTION - LAW Defendant ACTION IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: YOU HAVE BEEN NAMED AS DEFENDANT in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This Notice is to advise you that, in accordance with Section 202 of the Divorce Code, you may request that the Court require you and your spouse to obtain marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. i If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. PROTHONOTARY EDNA L. SWILER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99 CIVIL TERM CHARLES C. SWILER, CIVIL ACTION - LAW Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff EDNA L. SWILER, by her attorney, Herschel Lock, and seeks to obtain a Decree in Divorce from the bonds of matrimony with the above-named Defendant, and avers the following: 1. Plaintiff Edna L. Swiler is an adult individual residing at 28 Fieldcrest Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant Charles C. Swiler is an adult individual residing at 1910 Rutland Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 21, 1953 in Wormleysburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Defendant is not a member of the Armed Services of the United States or any of its Allies. 7. Plaintiff has been advised of the availability of counseling, and understands that she has the right to request the Court to require the parties to participate in counseling. COUNT I. REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(6) OF THE DIVORCE CODE 8. The averments of Paragraphs 1 through 7 hereof are incorporated herein by reference thereto. 9. Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome, and that this action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(a)(6) of the Divorce Code. COUNT II. REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(3) OF THE DIVORCE CODE 10. The averments of Paragraphs 1 through 9 hereof are incorporated herein by reference thereto. 11. Defendant has committed cruel and barbarous treatment and endangered the life and health of Plaintiff. 12. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(a)(3) of the Divorce Code. COUNT III. REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE 13. The averments of Paragraphs 1 through 12 hereof are incorporated herein by reference thereto. 14. During their marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution and Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as it deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT IV. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(a) AND 3702 OF THE DIVORCE CODE 15. The averments of Paragraphs 1 through 14 hereof are incorporated herein by reference thereto. 16. The Plaintiff is unable to sustain herself during the course of litigation. 17. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 18. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. 19. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor, pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor, pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT V. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER SECTIONS 3104(a)(1), 3323(b), 3702 AND 4351(a) OF THE DIVORCE CODE 20. The averments of Paragraphs 1 through 19 hereof are incorporated herein by reference thereto. 21. Plaintiff has employed Herschel Lock, Esquire, to represent her in this matrimonial cause. 22. Plaintiff is unable to pay her necessary counsel fees, costs and expenses and Defendant is more than able to pay them. 23. Defendant has a substantial retirement and has the ability to pay Plaintiff's counsel fees, costs and expenses. 24. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to final hearing Plaintiff requests that, after final hearing, the Court order Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b), 3702 and 4351 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. DATED: 8/2/99 HERSC EL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 8/2/99 aG, I a ^" & EDNA L. S WIRER ti ?, ?. ? I ? ?? ? • ? • V `\ \? ? D 1 ? J l?? ? ?? „G ?' Vo 1') \ N N i `^ A`te` \ ? y4 /? ?•/? ,\ EDNA L. SWILER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99-4753 CIVIL TERM CHARLES C. SWILER, CIVIL ACTION - LAW Defendant ACTION IN DIVORCE ACCEPTANCE OF SERVICE AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: I hereby accept service of the foregoing Complaint and enter my appearance for the Defendant in the above matter. DATED: August 17, 1999 By: VA KEITH 0. BRENNEMAN, ESQUIRE Attorney for Defendant 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 o- ti m C 4? n t] ? W c" J ? -CO U