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HomeMy WebLinkAbout01-6248DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O t. ~, 2 q ~' CIVIL TERM IN LAW - 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 relief requested in these papers by the Plaintiff. You may loose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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, First Floor, Cumberland County Courthouse, 1 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 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O/. 6, ~ ~/? CIVIL TERM : IN LAW o DIVORCE COMPLAINT IN DIVORCE AND NOW COMES the Plaintiff, David B. Wilde, by his counsel, William L. Gmbb, Esquire, and complains of the Defendant, Kelly A. Bowen-Wilde, as follows: COUNT I COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is David B. Wilde, who currently resides at 5013 Woodbox Lane, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Kelly A. Bowen-Wilde, who currently resides at 3212 North 5th Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 18, 1999 at Camp Hill, Cumberland County, Pennsylvania. 5. The parties have been living separate and apart since February 16, 2001. parties. There have been no prior actions of divorce or for annulment between the 7. Neither party is in the Armed Services of the United States or its allies. 8. The marriage is irretrievably broken. 9. 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. 10. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 11. Plaintiff incorporates the allegations of paragraphs one (1) through ten (10) by reference as if set forth at length herein. 12. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(2) OF THE DIVORCE CODE 13. Paragraphs one (1) through twelve (12) of this complaint are incorporated herein as if fully set forth herein. 14. On or about February 16, 2001, while the parties were domiciled within the Commonwealth of Pennsylvania, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, did commit and continues to commit adultery. 15. This action is not collusive, as defined by § 303 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divome, pursuant to §3301 (a)(2) of the Divorce Code. COUNT IV REQUEST FOR A FAULT DIVORCE UNDER §3301(a)(6) OF THE DIVORCE CODE 16. Paragraphs one (1) through sixteen (16) of this amended complaint are incorporated herein as if fully set forth herein. 17. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of the Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiff as to render his condition intolerable and life burdensome. 18. This action is not collusive, as defined by § 303 of the Divorce Code. 19. Plaintiff has been advised of the availability of counseling and that the Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to §3301 (a)(6) of the Divorce Code. Respectfully submitted, William L. Grubb, Esquire I.D. # 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, DAVID B. WILDE, verify that the statemems made in this documem are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. ~ e, Plainffff - DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01- 6248 CIVIL TERM : IN LAW - DIVORCE PROOF OF SERVICE BY M~IL I hereby certify that a true and correct copy of the Complaint in Divorce filed in the above matter, was served on Kelly A. Bowen-Wilde by first class, certified mail, return receipt requested, deliver to addressee only, at 3212 North 5th Street, Harrisburg, PA 17110, on November 1, 2001. Addressee acknowledged receipt of the same on November 9, 2001, as shown by the return receipt card attached hereto as Exhibit "A"o I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated William L. Grubb, Esquire I.D. 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 · Oomplete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is deetred. · I~nt your name and address on the reverse ~ that we cen tatum the cerd to you. · Attach this card to the back of the mallplece, m on the front if space permits. '1 Agent D. Is dellveq ~ from item 17 l-lyes if YES, erda. d~iv~/eddnas below: rlNo [ i-1 tnaumd Mall r'l C.O.D. _.~.~ (Extra Fee) Exhibit "A" DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6248 CIVIL TERM : IN LAW - DIVORCE .AFFIDAVIT OF MARRIAGE COUNSELING David B. Wilde 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 that my spouse and I 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 understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unswom falsification to authorities. DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O/- ~ .2.!;"8 CIVIL TERM : IN LAW - DIVORCE AFFIDAVIT OF MARRIAGE COUNSELINC David B. Wilde 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 that my spouse and I 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 understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant IN THE COURT OF C, OMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6248 CIVIL TERM IN LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 1, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed the date of filing and service of the Complaint. from 3. I consent to the entry of a after service of notice of intention decree. final Decree in Divorce to request entry of the I verify that the statements made in the 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. /~~I~' Plaintiff DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COIfNTY, PENNSYLVANIA : NO. 01-6248 CIVIL TERM : IN LAW - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 1, 2001. 2. The marriage of the Plaintiff and Defendant is irretrievably 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. I verify that the statements made in the 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: _~/~/~ ~)~' Byl~iWILDE, De~en~ant DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-6248 CIVIL TERM IN LAW - DIVORCE .WAIVER OF NOTICE OF INTENTION TO REQUEST DIVORCE DEC~ U~..'k 3301 (c) OF THE DIVORCE CODI; 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: ~intiff DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-6248 CIVIL TERM IN LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO ~EQUEST DIVORCE DECREE UNDER 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 I do not claim them before a divorce is granted. if 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: KELLY ~)Z BO~'-WILDE, Defendant DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-6248 CIVIL TERM : IN LAW - 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. Date and manner of service of the complaint: 11/09/2001, US mail, certified, restricted delivery return receipt, postage prepaid 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff March 1:3, 2004 by Defendant March 8, 2004 Related claims pending: NONE Complete either (a) or (b). (a) Date and manner of service of the notice ,of intention to file praecipe to transmit the record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in §3301(c) was filed with the Prothonotary: March 25, 2004 Date defendant's Waiver of Notice in §3301 (c) was filed with the Prothonotary: March 25, 2004 William L. Grubb, Esq. Attorney for the Plaintiff DAVID B. WILDE, Plaintiff KELLY A. BOWEN-WILDE, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 01-6248 CIVIL TERM : IN LAW - DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING David B. Wilde 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 that my spouse and I 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 divome decree being handed down by the court. I understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unswom falsification to authorities. STATE OF DAVID B. WILDE, IN THE COURT OF COMMON PLEAS OFCUMBERLAND COUNTY ~~ PENNA. Plaintiff VERSUS KELLY A. BOWEN-WILDE, Defendant NO. 01-6248 CIVIL DECREE IN DIVORCE AND NOW, / DECREED THAT David B. Wilde AND Kelly A. Bowen-Wilde 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 BY THE COURT: PROTHONOTARY