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HomeMy WebLinkAbout03-3691CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N DIVORCE NO: 03- ~l CIVIL TERM 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 F1LE 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 32 S. Bedford St. Carlisle, PA 17013 (717) - 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberiand 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. CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIV1L ACTION - LAW IN DIVORCE : NO: 03- '3~q/ CIVIL TERM COMPLAINT The Plaintiff, Cheryl Wilson, by her attorneys, the Family Law Clinic, sets forth the following cause of action: DIVORCE UNDER 23 Pa.C.S. SECTION 3301 (c) AND 3301 (d) OF TItE DIVORCE CODE 1. Plaintiffis Cheryl Wilson, who currently resides at 917 Eppley Road, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Philip Wilson, who currently resides at 604 Gabriel Circle, Gainesville, Georgia 30501-1426. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 18, 1983 in Largo, Pinellas County, Florida. 5. Plaintiff and Defendant have lived separate and apart since November 3, 2000. 6. There have been no prior actions for divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiffmay have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a decree in divorce dissolving the marriage. Respectfully submitted, Date: Michael Parker Certified Legal Intern ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN D1VORCE NO: 03- CIVIL TERM VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N DIVORCE NO: 03- r~,q[ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Cheryl Wilson, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding informapauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal services to the party. Respectfully Submitted, Michael Parker Certified Legal Intern ROBERT E. RA1NS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 CHERYL WILSON, Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE PHILIP WILSON, : Defendant : NO: 03- ~ ~ ] CIVIL TERM AFFIDAVIT OF SERVICE I, Michael Parker, Certified Legal Intern, verify that the Family Law Clinic served a true and correct copy of the §3301 (c) and (d) Complaint in Divorce on Defendant, Philip Wilson, by placing same in the U.S. Mail, certified number 7001 2510 0003 4481 6637, restricted delivery, return receipt requested, postage prepaid on July 31, 2003, addressed as follows: Mr. Philip Wilson 604 Gabriel Circle Gainsville, GA 30502-1426. On August 6, 2003, Philip Wilson contacted the Family Law Clinic. He informed me that he received the Divorce Complaint. He informed me that the complaint was sent to his mother's address and his new address is 755 Number 4 West Avenue Gainesville, GA 30502. On August 8, 2003, return receipt no. 7001 2510 0003 4481 6637 vms delivered to the Family Law Clinic, bearing the signature of Margaret Wilson, mother of Philip Wilson and showing the date of service of August 5, 2003. The sender's receipt and return receipt are attached hereto and incorporated by reference. Respectfully submitted, Date: Michael Parker Certified Legal Intern FAMILY LAW CL1NIC 45 ~N. Pitt St. Carlisle, PA 17013 (717) 243-2968 · Complete Items 1, 2, ~nd 3. Also complete · item 4 if Flesbgcl~d Delivery is d~i~. Print your name and address on the mv~ so that we ~n ~urn the ca~ to you. · A~ach this card to the b~k of the m~lpi~, or on the ~nt ~ s~ ~. A. Received by (P/ea.~ F~~ of Deliver, If YES, enter daiive~y [~/~v~_ ~ . .~No 3. 8~vlce Type I~Certlfied Mall r'9 Express Mail I~lRegistemd [~Retum Receipt for Merchandise [] Insured Mail ?9 C.O.D. 4. ReetHcted Delivery? (E~/ra Fee) ,JE]' Yes 4~81 6637 102595-99-M-1789 7001 2510 0003 PS Form 3811, July 1999 Domestic Return Receipt CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO: 03- 3691 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served a Counter-Affidavit and a Notice of Intention to Request Entry of a Divorce Decree on Philip Wilson on ~/~-6,/O~g , by first class United States mail, at the following address: Mr. Philip Wilson 604 Gabriel Circle Gainesville, GA 30501 Date: Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW' IN DIVORCE NO: 03- 3691 CIVIL TERM AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE The parties to this action separated on November 2, 2000 and have continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them hefore a divorce is granted. 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 unswom falsification to authorities. Cheryl ~i;on, Plaintiff SAMUEL W. DILL, JR., PETITIONER COMMONWEALTH OF PENNSYLVANIA, DEPARTMENT OF TRANSPORTATION, BUREAU OF DRIVER LICENSING, RESPONDENT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03-3681 LICENSE SUSPENSION APPEAL ORDER AND NOW, this ~z~ dayof C~cko ~,~<- ,2003, the appeal filed in the above referenced matter is DENIED in part and REMANDED in part. The petitioner's appeal is DENIED regarding the one year suspensic,n imposed under 75 Pa. C.S. 1532(b) as a consequence of the petitioner's conviction on April 22, 2003, for a violation of 75 Pa.C.S. 3731(a) on August 4, 2002. The petitioner's appeal is REMANDED to the Department and the Department shall CORRECT THE RECORD AND RESCIND THE REQUIREMENT THAT THE PETITIONER COMPLY WITH THE REQUIREMENTS OF THE IGNITION INTERLOCK LAW, 42 Pa. C.S. 7001-7003, that the Department imposed without a court order as a condition to the restoration of the petitioner's driving privilege as a result of the petitioner's violation of Section 3731 of the Vehicle Code, violation date August 4, 2002. BY THE COURT DISTRIBUTION: ~eorge H. Kabusk, Esquire, PennDOT, Riverfront Offfce Center, 1101 South Front Street, Harrisburg, PA 17104-2516 t/Patrick F. Lauer, Jr., Esquire, 2108 Market Street, Camp Hill, Pennsylvania, 17011 10-2.2'(.2, CHERYL WILSON, Plaintiff PHILIP WILSON, Defendmat I, Michael Park, on October 22, 2003, b Mr. Philip Wils 604 Gabriel Cir¢ Gainesville, GA Date: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO: 03- 3691 CIVIL TERM CERTIFICATE OF SERVICE r, hereby certify that I served the Plaintiff's Affidavit on Philip Wislon first class United States mail, at the following address: n le 30502-1426 Certified Legal Intem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 c: CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N DIVORCE : NO: 03- 3691 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served a Counter-Affidavit and a Notice of Intention to Request Entry of a Divorce Decree on Philip Wilson on////~/~ , by first class United States mail, at the following address: Date: Mr. Philip Wilson 604 Gabriel Circle Gainesville, GA 30501 Certified Legal Intern FAM1LY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (71'7) 243-2968 Fax: (717) 243-3639 CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant To the Prothonotary: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO: 03- 3691 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following information, to the court for entry ora divorce decree: i. Ground for divorce: irretrievable breakdown under Section 3301 (d)(1) of the Divorce Code. ii. 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 by Philip Wilson on August 5, 2003. iii. Date of execution of the affidavit required by § 3301(d) of the Divorce Code: September 26, 2003. Date of filing and service of the Plaintiff's affidavit upon the respondent: October 22, 2003. iv. Related claims pending: None v. Date and manner of service of the notice of intention to file a praecipe a copy of which is attached: On November 14, 2003 by first class United States mail. Michael Parker Certified Legal Intern ROBE q-mrNS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Cra:lisle, PA 17013 CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE NO: 03- 3691 CIVIL TERM _CERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served a Praecipe to Transmit the Record and Vital Statistics form on Philip Wilson on /Z-~z/-O$ , by first class United States mail, at the following address: - Mr. Philip Wilson 604 Gabriel Circle Gainesville, GA 30501 Date: Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (71'7) 243-2968 Fax: (717) 243-3639 CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW · IN DIVORCE : NO: 03- 3691 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF t~ 3301(d) DIVORCE DECREE TO: Philip Wilson 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 December 4, 2003, 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 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. CHERYL WILSON, Plaintiff V. PHILIP WILSON, Defendant : 1N THE COURT OF 'COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO: 03- 3691 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER §3301 (d) .OF THE DWORCE CODE 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 (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): () (a) I do not wish to make any claims for economic relief. 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. ( ) (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. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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 Philip Wilson 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. IN THE COURT OF COMMON OFCUMBERLANDCOIJNTY STATE OF ,~ PEN NA. C~Epv£ WILSON Plaintiff VERSUS PHTT, TP WTT,~N Defendant N o. 2003-3691 PLEAS DECREE IN DIVORCE AND NOW, DECREED THAT CHERYL WILSON AND PHILIP ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT IS ORDERED AND , PLAINTIFF, ,DEFENDANT, 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 ATTEST: j. PROTHONOTARY CHERYL WILSON, Plaintiff PHILIP WILSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO: 03- 3691 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the /,-/- ~' ~ , hereby elects to retake and hereafter use her previous name of Cheryl Malcom, and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. §704. ~neryyi'lson Wishes to be known as: "Cher~alcom COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On the / c)/-~' day of /~ ~ ~/ ,2003, before me, a Notary Public, Cheryl Wilson, known to me to be the person whose name is subscribed to the within document, acknowledged that she executed the foregoing for the purpose therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. j / ~---~N(STARYCt~BI~IC Laude L. mW, Off, Notary Public J ,South Middleton T~vp., Cumberland (;our, i,/J My Commission Expires Jan. 7, 2006 J