The URL can be used to link to this page

Home My WebLink About03-5280Paul J. Esposito, Esquire ID #25454 GOLDBERG, KATZMAN & SHIPMAN, PC. 320 Market Street P. O, Box 1268 HanSsburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsellor Plaintiff CHOLENA N. ENGLISH, Plaintiff MICHAEL W. ENGLISH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. 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. 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 Paul J. Esposito, Esquim ID #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintiff CHOLENA N. ENGLISH, Plaintiff MICHAEL W. ENGLISH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ara CiVIL ACTION - LAW IN D1VORCE WAIVER OF COUNSELING CHOLENA N. ENGLISH, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. I verify that the statements made in this Waiver are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. CBOLENA N. ENGLISI~/ Paul J. Esposito, Esquire ID #25454 GOLDBERG, KATZM AN & SHIPMAN, P.C. 320 Market SIvcet P O Box 1268 Harrisburg, PA 17108 1268 (717) 2344161; (717) 234-4161 (facsinhle) Counsel for Plaintiff CHOLENA N. ENGLISH, Plaintiff MICHAEL W. ENGLISH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff, CHOLENA N. ENGLISH, is an adult individual, who currently resides at 863 Carlwynne Manor, Apartment B 107, Carlisle, Cumberland County, Pennsylvania. 2. Defendant, MICHAEL W. ENGLISH, is an adult individual, whose permanent residential address is unknown at the present time, however, he is presently incarcerated at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on October 23, 2001, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or armulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 7. The Defendant in this action is not presently a member of the United States Armed Forces. 8. Plaintiffrequests the court to enter a decree of divorce. COUNT I 9. The averments of Paragraphs 1 through 8 herein are hereby incorporated by reference thereto. 10. The marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant. Date: October 2, 2003 ~aul JFEsl~sito Attorney I.D. #25454 & SHIPMAN, P.C. Goldberg, Katzman & Shipman 320 Market Street P.O. Box 1268 Harrisburg, PA I7108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney for Plaintiff VERIFICATION I verify that the statements contained in the foregoing COMPLAINT are tree and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: q - Z_(_0- G_~ tCHO"LENA N. ENB:~I~ISHe/- - Paul J Esposito. Esquire I D #25454 GOLDBERG. KATZMAN & SHIPMAN, PC 320 Market Sn'ect P.O Box1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintif'[ CHOLENA N. ENGLISH, Plaintiff MICHAEL W. ENGLISH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5280 Civil Term CIVIL ACTION - LAW iN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 9, 2003. 2. The marriage of Plaintiff and Defendant is in'etrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling. I understand that the Court maintains a list of marriage counselors, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I to participate in counseling prior to a divorce being handed down by the Court. 5. I acknowledge that I received a copy of the Complaint in Divorce on or about October 16, 2003, via certified mail, restricted delivery. ! 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. Section 4904, relating to unswom falsification to authorities. Date: 0~2 -/o - O Al ,2004 MI'~HAEL ~. ENGLiSh_,,/ Paul J Esposito, Esquire I.D #25454 GOLDBERG, KATZMAN & SHIPMAN, P.C 320 Market Street P.O Box1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (~hcsinlilc) Coutlsel for Plaimiff CHOLENA N. ENGLISH, Plaintiff MICHAEL W. ENGLISH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5280 Civil Ten-n CIVIL ACTION - LAW iN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl 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: ~7-10.- Off ,2004 Paul J. Esposito. Esquire ID #25454 GOLDBERG, KATZMAN & SHIPMAN, PC 32(I Market Street P O Box 1268 Harrisburg, PA 17108-I268 (717) 234-4161; (717) 234-4 61 (facsimile . Colmsel for Plaintiff CHOLENA N. ENGLISH, Plaintiff MICHAEL W. ENGLISH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5280 Civil Term : : CIVIL ACTION LAW : IN DIVORCE ACCEPTANCE OF SERVICE I, MICHAEL W. ENGLISH, Defendant, acknowledge that I received a copy of the Complaint in Divorce, which was filed with the Court on October 6, 2003, in the above-referenced matter by personally accepting service thereof. Date: ~,7-,A9-off ,2004 M~HAEL W. ENGL1S/~EEEN Paul J Esposito, Esquire ID #25454 GOLDBERG. KA]ZMAN & SHIPMAN, PC 320 Market Street P O Box 1268 Hamsburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (lhcsinfile) Counsel for Plaintiff CHOLENA N. ENGLISH, Plaintiff MICHAEL W. ENGLISH, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5280 Civil Term CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on October 6, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 'OIf0LENA N. ENGLIS/~ Paul J Esposito, Esquire ID #25454 GOLDBERG, KATZMAN & SHIPMAN. P.C 320 Market Street P O Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161; (717) 234-4161 (facsimile) Counsel for Plaintt#' CHOLENA N. ENGLISH, Plaintiff MICHAEL W. ENGLISH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5280 Civil Term : CIVIL ACTION LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the 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: Z - 1 ~ ,2004 CHOLENA N. ENGLISt4' CHOLENA N. ENGLISH, Plaintiff MICHAEL W. ENGLISH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5280 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified Mail~ Restricted Delivery~ on October 16~ 2003. 3.(a) Date of execution of the affidavit of consent required by § 3301 (c) of the Divorce Code: by Plaintiffon February 18~ 2004 ; by Defendant on February l0t 2004 . (b)(1) Date of execution of the Affidavit required by § 3301 (d) of the Divorce Code: (2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: Related claims pending: None. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: February 23~2004 . Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the protho no tary: February 17, 2004~,/~~~ Attorney for ~nt~// . - IN The COURT Of COMMON OFCUMBERLAND COUNTY STATE OF ~ CHOLENA N. ENGLISH VERSUS MICHAEL W. ENGLISH Plaintiff Defendant AND NOW, DECREED THAT AND PENNA. DECREE IN DIVORCE CHOLENA N. ENGLISH MT~A~T ~ ~W~T.T~ NO. 03-5280 IN DIVORCE PLEAS , ~60~, It IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; BY The COURT: /'/ /,,~ J ATteSt: /~ ~-~ /1 - J' · ( -- ~ -/ PROthONOtarY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Dn. e oCA Plaintiff : Vs : File No. ; Defendant : ; IN DIVORCE .NOTICE TO RESUME PRIOR SURNAMF, Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] ~ prior to the entry of a Final Decree in Divorce, or _ X after the entry ofa Final Decree in Divorce dated '5- q- 0c{ , hereby elects to resume the prior surname of_0 ~t~l e~ t',Jo~ r'~ I ~. , and gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Signature ~ mOj I ~ ~Y"l - cCo° O X T oF. ENNsyLv , uxry OF Signature of name being resumed Onthe ) '~d-~ay o f '.~o,D O_b~- ,200-~, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL CLAUDIA A BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 Notary Public