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HomeMy WebLinkAbout07-2400wa F:\FILES\DATAFILE\General\Cwrent\i 1371\56\1137L.56.dcoml C~eazed: 9120!04 0:06PM Revised: 4/25/07 4:08PM Thomas J. Williams, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 17512 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMIE A. WILLIAMS, Plaintiff v. SHEILA WILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- ,2 ~QD ~-vi l -~Cr-~ CIVIL ACTION -LAW 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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 A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 JAMIE A. WILLIAMS, Plaintiff v. SHEILA WILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- ~ X60 C: ~~ I ~~~~ CIVIL ACTION -LAW IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Jamie A. Williams, who currentlyresides at 17 Rosewood Lane, Marietta, Lancaster County, PA 17547. 2. Defendant is Sheila Williams, who currently resides at 1799 East College Avenue, Tower City, PA 17980. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were marred on October 2, 2006, in Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. MARTSON LAW OFFICES Thomas J. W iams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Apri125, 2007 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. J e A. Williams n ~ ~ W r~ _n'-rc 1Y~ _!~' ~ _~ .~Y Q ~ .~ ~ '~ c _7 r. ~- y" ~ ~~ RECEIVED MAR 1 4 2007 MARTSON ~ , D~-o~~foa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW JAMIE A. WILLIAMS, vs. SHEILA WILLLg1VIS, Plaintiff No. S-OT-2004 Defendant DEFENDANT'S PRELIMINARY OBJECTIONS TO PLAINTIFF'S DNORCE COMPLAINT AND NOW, comes the Defendant, Sheila Williams, by and through her counsel, Kaxen E. Rismiller, Esquire, and files the following Preliminary Objections to the Divorce Complaint filed by counsel for Plaintiff, and in support thereof, avers the following: 1. Plaintiff, James A. Williams, resides at 17 Rosewood Lane, Marietta, Lancaster County, Pennsylvania 17547. 2. Defendant, Sheila Williams, resides at 1799 East Colliery Avenue, Tower City, Schuylkill County, Pennsylvania 17980. 3. Pa. R.C.P. 1920.2(a)(1) states that a Divorce Complaint may be brought only in the county "in which the plaintiff or the defendant resides." 4. Plaintiff filed a Divorce Complaint on April 26, 2007, docketed to the above term and number. A true and correct copy of the Divorce Complaint is attached hereto, marked as Exhibit "A", and incorporated herein by reference. 5. The parties own real estate located at 1799 East Colliery Avenue, Tower City, Schuylkill County, Pennsylvania. 6. Neither party to the above divorce action resides in Cumberland County. 7. Pa. R.C.P. 1920.2(a)(2) states a Divorce Complaint may be brought only in the county "upon which the parties have agreed." 8. Defendant has not agreed for the instant divorce action to be brought in Cumberland County. 9. Cumberland County lacks subject matter jurisdiction over this matter because neither Plaintiff or Defendant reside in Cumberland County, and Defendant has not agreed for the Divorce Complaint to be filed in Cumberland County. WHEREFORE, Defendant respectfully requests this Honorable Court dismiss the instant Complaint for lack of jurisdiction. LAW OFFICES OF KARIIV E. RISMILLER BY: Karen E. Ris ller Esquire Attorney I.D. o. 56041 Union Street Station 103 East Union Street Pottsville, PA 1T901 (570) 628-2333 Attorney for Plaintiff I, SHEILA WILLIAMS, verify that the statements made in the foregoing instrument, which are within my personal knowledge, are true and correct and those which are based on information received from others I believe to be true and correct. I understand that any false statements made in the foregoing are subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. SHEILA WILLIAMS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW JAMIE A. WILLIAMS, vs. SHEILA WILLIAMS, Plaintiff No. 5-07-2004 Defendant CERTIFICATE OF SERVICE I, Karen E. Rismiller, Esquire, counsel for Defendant, Sheila Williams, hereby certify that a true and correct copy of the foregoing Preliminary Objections was served by First Class U.S. Mail, postage prepaid, to the individual addressed below: Thomas J. Williams, Esquire Martson Law Offices 10 East High Street Carlisle, PA 17013 LAW OFFICES OF KAREI~TT E. RISMILLER BY: U Karen E. Ris ,Esquire Attorney I.D. 6041 Union Street Station 103 East Union Street Pottsville, PA 17901 (570) 628-2333 Attorney for Defendant DATED:~uly 19.2007 ,~.~:>>t~rn! „~,~~:i...~~m a ~i. ....,~~. rl.. ,u'J • :! U' ~ ~ ~YV Thomas J. ~t~'illi:uns, Esquire ;\,1ARTSON DEARDORFF WILLIA~~iS OTTO GILROY & FALLER ~IARTSON LA~V OFFICES I.D. 1712 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff JAMIE A. WILLIAI'~iS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUIviBERLAND COUNTY, PENNSYLVANIA v. NO. 07- .:~ yOLJ ~ t ~ s~l ftr... N CNIL ACTION -LAW ~ <-a SHEILA WILLIAMS, - _ '~ T Defendant IN DIVORCE „_, "'T' ~~ NOTICE TO DEFEND AND CLAIM RIGHTS ~ : -, ` You have been sued in court. If you wish to defend against the claims set-:forth`in tlie~~ t following pages, you must take prompt action. You are warned that if you fail to do so, tC1e case ma}~ 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. ~., ~ `f ~, IF YOU DO NOT FILE A CLAIM FOR ALII/IONY, DIVISION OF PROPERTY, ' LAWYER'S FEES OR EYPENSES BEFORE A DIVORCE OR ANNULMENT IS ~1 GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO iV,OT 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. THIS OFFICE CAN PROVIDE YOU WITH INFOR.'~IATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE IvIAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT iVIAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 E X H I B I T Telephone (717) 2-19-31bb A JAMIE A. WILLIA.~tS, Plaintiff v. SHEILA WILLIA~tifS, Defendant IN THE COURT OF CO~[MON PLEAS OF CU~IBERLA;`1D COUNTY, PEN~ISYLVA~'IA NO. 07- CIVIL ACTION -LAW IiV DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301(C) OF THE DIVORCE CODE Plaintiff is Jamie A. Williams, ~,vho currently resides at 17 Rosewood Lane, Marietta, Lancaster County, PA 17547. 2. Defendant is Sheila Williams, who currently resides at 1799 East College Avenue, Tower City, PA 17980. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 2, 2006, in Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree dissolving the marriage between Plaintiff and Defendant. Date: Apri125, 2007 MARTSON LAW OFFICES /~~~~~~ ~ , ~Y+~~ By Thomas J. Williams, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATIOti The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of l3 Pa. C.S. Section -I90~ relating to uns4vorn falsification to authorities, ~,vhich providos that if I make knowingly false averments, [may be subject to criminal penalties. ~_ -~ .. T- J~~e A. ~rVilliams i ~. ~ .~~.. ~ '~R ~ .~~ ~ ~~ _ ~ i ... ~/ 1.../ "fl •r .1~ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION -LAW JAMIE A. WILLIAMS, . Plaintiff No. 5-07-2004 vs. SHEILA WILLIAMS, Defendant PRAECIPE FOR LISTING CASE FOR ARGUMENT To the Prothonotary of Cumberland County: Please list the within matter for the next argument Court. 1. State matter to be argued: Defendant's Preliminary Objections. 2. Identify counsel who will argue cases: a. For Plaintiff -Thomas J. Williams, Esquire, Manson Law Offices, 10 East High Street, Carlisle, PA 17013. b. For Defendant -Karen E. Rismiller, Esquire, Union Street Station, 103 East Union Street, Pottsville, PA 17901. 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: Respectfully submitted, LAW OFFICES OF KAREN E. RISMILLER BY: Karen E. Rismille ire Attorney I.D. No. 56041 Union Street Station 103 East Union Street Pottsville, PA 17901 (570) 628-2333 Attorney for Defendant tom..,? ~` ~^-^~ i ' - ~`~,`.• ~1;~ , f: -55 \: .. +y, , ~ ~_ 17 Jamie A. Williams IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Sheila Williams NO. 07-2400 CIVIL TERM ORDER OF COURT AND NOW, August I7, 2007, by agreement of counsel, the above-captioned matter is continued from the August 15, 2007 Argument Court list. Counsel is directed to relist the case when ready. By the Edgar B. Bayley, J. ~omas J. Williams, Esquire F/or the Plaintiff ~ ,,Karen E. Rismiller, Esquire For the Defendant ~ 1 Court Administrator O` ~~ kam ~' ,~i~';~'`~~ ~ , ~'"<~~~, ~~1 ~~ft~ ~~ ~lE f'~ ~~~EZ ~ ~ F:\FII.ES\Clients\11371\36\11371.56.pra1\tde CrateA: 9/20/04 0:06PM Revised: 9/7107 0:43PM Thomas J. Williams, Esquire I.D. No. 17512 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff __ JAMIE A. WILLIA MS, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-2400 CIVIL ACTION -LAW SHEILA WILLIAMS, Defendant. IN DIVORCE PRAECIPE TO DISMISS TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly mark the above-referenced matter as dismissed. Dated: September 7, 2007 MARTSON LAW OFFICES B ~ Y Thomas J. Wi isms, Esquire I.D. No. 17512 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff t , .. C'FRTiFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for MARTSON LAW OFFICES, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Karen E. Rismiller, Esquire Union Street Station 103 E Union Street Pottsville, PA 17901-3083 10 East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 7, 2007 MARTSON LAW OFFICES ~: r~t ~'r ~ t.~ ~"+'~ :."t ? ~ "Lt "' C.~ .~.. C r ~ ~: ~ •• --~!