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Home My WebLink About07-2531?ftft F: \FILE S\DATAFILE\General\Current\ 12459\ I . com l /nlm Created'. 9120104 0:06PM Revised: 4/30/07 9:06AM 124571 Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SARAH E. POWERS, IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA V. NO. 2007- Z.53 r CIVIL ACTION - LAW MICHAEL S. POWERS, Defendant JURY TRIAL DEMANDED 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 Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff SARAH E. POWERS, IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA V. NO. 2007- CIVIL ACTION - LAW MICHAEL S. POWERS, Defendant JURY TRIAL DEMANDED DIVORCE COMPLAINT AND NOW, comes Plaintiff, Sarah E. Powers, by her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and sets forth the following: 1. Plaintiff is Sarah E. Powers, an adult individual with a mailing address of 109 N. Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Michael S. Powers, an adult individual residing at 249 Walnut Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant were married on October 19, 2003 in Cumberland County, Pennsylvania. 4. Both Plaintiff and Defendant have resided continuously in the Commonwealth of Pennsylvania and in Cumberland County for at least six months prior to the commencement of this action. 5. There have been no prior actions for a divorce or annulment of this marriage between the parties. 6. The marriage between the parties is irretrievably broken. WHEREFORE, Plaintiffrequest Your Honorable Court enter a decree divorcing her from the Defendant. MARTSO LAW O By Hubert X. Gilr , Esquire I.D. Number 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Attorneys for Plaintiff 1 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 it 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. atov?A Sarah E. Powers F:\FILES\DATAFILE\Gmeral\Cument\ I 2459\1.coml I? p? N O n T (AJ kv Ct F-- 0 Y"- N t fV N C) -n ?? f? SARAH E. POWERS, Plaintiff VS. MICHAEL S. POWERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 2531 Civil Term ACTION IN DIVORCE ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02(B) AND PA.R.C.P. 1920.4 I, Jane Adams, Esquire, represent Michael S. Powers, in the above-captioned matter; I hereby accepted service of the Notice to Defend and Complaint in Divorce on or about May 3`d, 2007, which was filed by Plaintiff's Attorney under the above-captioned number and I hereby affirm I am authorized to do so. Date:' 51 y iD9 e Adams, Esquire 4 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT 4 SARAH E. POWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2007 - 2531 Civil Term MICHAEL S. POWERS, ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on May 2, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 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 correc aiso understand that false statements herein are made subject to the penalties f 18 a. 904, lating to unsworn falsification to authorities. Date: NfV 1. ot 1 ? 08 i el S. Powers, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 1 verify that the statements made in this affidavit are statements herein are made subject to the penalties of 18 P? to authorities. Date: _ M I understand that false inca to unsworn falsification A114*, 61 Iz S. Po s, Defendant SARAH E. POWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2007 - 2531 Civil Term MICHAEL S. POWERS, : ACTION IN DIVORCE Defendant : NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF SEPARATION 1. The parties to this action separated on November 5, 2006 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose my 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date- 22- FILED-t "r[CE OF THE PRcfr oNOTRRY 2009OCT 26 AM 9: 33 PENNSYLVANIA SARAH E. POWERS, Plaintiff vs. MICHAEL S. POWERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 2531 Civil Term : ACTION IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Defendant moves this Court to appoint a master with respect to the following claims: ( ) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Plaintiff is represented by Hubert X. Gilroy, Esquire. (3) The statutory ground(s) for divorce is 3301 (d). (4) Delete the inapplicable paragraph(s): (a) The aetion *9 not eentested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. i Date: J Q an Adams, Esqu / 17 . South St. Carlisle, Pa. 17013 A orney for Defendant 17) 245-8508 ORDER APPOINTING MASTER AND NOW, this , 2009, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY THE COURT: Fi ..`t r; ^{fi VE IgI Ur 2#99 Noy t 9 Atf 10: 31 L SARAH E. POWERS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2007 - 2531 Civil Term ? MICHAEL S. POWERS, ACTION IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER Defendant moves this Court to appoint a master with respect to the following claims: ( ) Divorce ( ) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony ( ) Counsel fees ( ) Alimony Pendente Lite ( ) Costs and Expenses and in support of the motion states: (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Plaintiff is represented by Hubert X. Gilroy, Esquire. (3) The statutory ground(s) for divorce is 3301 (d). (4) Delete the inapplicable paragraph(s): (a) The setiom "a met eomtested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motiil E. Date: O 1 / Adams, Esqu . South St. Carlisle, Pa. 17013 rney for Defendant 7) 245-8508 OR DER APPOINTING MASTER AND NOW, this ?t.Wl e27,, 2009, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY T OURT: CA I 112? J. ce) `y V ? t i IL t'F SARAH E. POWERS, Plaintiff vs. MICHAEL S. POWERS, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2007 - 2531 Civil Term ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Divorce Code was filed on May 2, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: `~Cl ~'~'O Sarah E. Powers, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301 (c} AND §3301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. Date: ~' IN'dt~~i,l~N~d ~..l.ti00 I?P~l~1~381~~v L ~1 ~~} ~~ 6 f 1~0 O 1 Jl arch E. Powers, Plaintiff A~~1~,~~0~-RIt3~~d 3~€1 :~~ 301~~0-Q311~ F:\FMS\CGents\12459 Powers-Perrino\12459.I.Prae2 Revised: 11/10/10 10: 57AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff i t f' A i-, j t'r^i #41 10 tl V 15 PPS 2: 5'S J1y1 F LAND CG(? NT' f'F g?'?L qY I tit `s o' & FALLER SARAH E. POWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA V. MICHAEL S. POWERS, Defendant To the Prothonotary: NO. 2007-2531 CIVIL ACTION - LAW : IN DIVORCE PRAECIPE On behalf of the Plaintiff, please withdraw all claims for economic relief filed in the above case leaving the only claim pending being the claim for a divorce. Date: November / e , 2010 MARTSON LAW OFFICES By ubert X. Gilroy Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff FAMES\Clie w\12459 Powers-Perrin\12459.1.Pru2 Revised: 11/10/10 10:57AM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 2P10 N 0 V 15 Pt9 2: 5L1 & FALftk SARAH E. POWERS, : IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA v. MICHAEL S. POWERS, Defendant To the Prothonotary: NO. 2007-2531 CIVIL ACTION - LAW IN DIVORCE PRAECIPE On behalf of the Plaintiff, please withdraw all claims for economic relief filed in the above case leaving the only claim pending being the claim for a divorce. Date: November / ? , 2010 MARTSON LAW OFFICES By ubert X. Gilroy Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff v FAMESTficas\12459 Powers-Perrin\12459.1.0rder Revised: 11/10110 3:14PM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Nov a e SARAH E. POWERS, IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA v. MICHAEL S. POWERS, Defendant NO. 2007-2531 CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this / ?" day of November, 2010, the economic claims raised in the proceedings having been resolved by withdrawal of those claims and with both parties filing Affidavits of Consent, and upon counsel for the parties advising the Court that this matter no longer needs to be considered by the Divorce Master, the appointment of the Divorce Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, 41 CC: ert X. Gilroy, Esquire Jane Adams, Esquire 021:5 F t' 8s r n.a ILCC'L «/?1fv Kevin Hess, P.J. C hl O CD `r t _ _ nj- r _ -< oC-? <p D c "o " ?C7 z `n a prr ?nj --i h) b SARAH E. POWERS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL S. POWERS NO. 2007-2531 DIVORCE DECREE AND NOW, _ der. ??? It{Q , it is ordered and decreed that SARAH E. POWERS MICHAEL S. POWERS bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, Attest: Prothonota /049/16 -.C'eq_?- (yP y - &4",( Al cpy - `94Y J. GMs =,Vyt