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HomeMy WebLinkAbout07-6896Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & S1NON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff AMY FILKOSKY, Plaintiff V. ANDREW FILKOSKY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE CASE NO. 07 - &94?L 01 ujL"--F" 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. 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. Court Administrator 4'' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 660'765.1 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff AMY FILKOSKY, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. ANDREW FILKOSKY, CIVIL ACTION - DIVORCE Defendant CASE NO. AVISO USTED HA SIDE DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. Court Administrator 4t' Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff AMY FILKOSKY, Plaintiff V. ANDREW FILKOSKY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE CASE NO. 07 - G PR C j o C`T COMPLAINT NOW COMES Plaintiff Amy Filkosky by and through her attorneys, Rhoads & Sinon LLP, and files the following Complaint and stating in support thereof as follows: 1. Plaintiff is Amy Filkosky, an adult individual who currently resides in Cumberland County, Pennsylvania with an address of 315-F W. Shady Lane, Enola, Pennsylvania 17025. 2. Defendant is Andrew Filkosky an adult individual who currently resides in Cumberland County, Pennsylvania with his address at 1071-6 Lancaster Boulevard, Mechanicsburg, Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 6, 2003 in Enola, Cumberland County, Pennsylvania. 5. In January, 2007, approximately seven months ago, Plaintiff and Defendant separated, living separate and apart since that time. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. 9. There are no children born of the marriage. 10. Neither Plaintiff nor Defendant is in military service. 11. Plaintiff reasonably believes that Defendant will consent to a divorce. 12. Plaintiff requests the court to enter a decree of divorce based upon Section 3301(c) of the Divorce Code. WHEREFORE, Plaintiff Amy Filkosky respectfully requests that this Honorable Court enter a Decree of Divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code, 23 Pa.C.S.A. §3301(c). Respectfully submitted, By: RHOADS & SINON LLP Stephanie E. DiVittore Attorney I.D. No. 85906 P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. ?I -7 /Q-? bated O W n ?Cl a ..c .- W Q Q q ?3 c Z--) zt)) Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff AMY FILKOSKY, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - DIVORCE ANDREW FILKOSKY, Defendant CASE NO. d7 PRAECIPE FOR ENTRY APPEARANCE Kindly enter the appearance of Stephanie E. DiVittore, Esquire and the law firm of Rhoads & Sinon, LLP as counsel for Plaintiff Amy Filkosky. By: Respectfully submitted, RHOADS & SINON LLP Stephanie E. DiVittore Attorney I.D. No. 85906 P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorney for Plaintiff 670182.1 o O nj I r? . .? Q Q Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff AMY FILKOSKY, Plaintiff V. ANDREW FILKOSKY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE CASE NO. 07-6896 CIVIL TERM PROOF OF SERVICE Pursuant to the Acceptance of Service executed by Defendant and attached hereto as Exhibit "A," the Complaint filed in this matter was served on November 21, 2007. Respectfully submitted, RHOADS & SINON LLP By: Stephanie E. DiVittore, Esquire One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Plaintiff 671292.1 AMY FILKOSKY, Plaintiff V. ANDREW FILKOSKY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE CASE NO. 07-6896 CIVIL TERM ACCEPTANCE OF SERVICE I, Andrew Filkosky, accept service of the Complaint filed on behalf of Plaintiff Amy Filkosky in this matter and certify that I am authorized to do so. ///-Z r p -7 /?Z? Z., ) Dated Andrew Filk ky CERTIFICATE OF SERVICE I hereby certify that on this c)(jylday of November, 2007 a true and correct copy of the foregoing document was served by means of United States mail, first class, postage prepaid, upon the following: Andrew Filkosky 1071-6 Lancaster Boulevard Mechanicsburg, PA 17055 Dara D. Whistler C :t ^•' C. ° c-? C?l ..? t"?r 1 T ^ f ? i . f+ ? __'t+. l _ aw } = . L J ..- - - ? ? C 7"t .? Q .? JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant AMY FILKOSKY, Plaintiff vs. ANDREW FILKOSKY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA : No. 07-6896 CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO ENTER APPEARANCE AS COUNSEL FOR DEFENDANT TO THE PROTHONOTARY: Please enter my appearance as counsel of record for Defendant, Andrew Filkosky, in the above divorce action. Dated: 1-04?a le' 7 By: ANNE B. COSTOPOULOS, DIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Stephanie E. DiVittore, Esquire One South Market Street P.O. Box 1146 Harrisburg, PA 17108-1146 By: J Nk B. COSTOPO SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant Date: ?el-z?lld -13 5 co AMY FILKOSKY, Plaintiff V. ANDREW FILKOSKY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE CASE NO. 07-6896 CIVIL TERM ACCEPTANCE OF SERVICE I, Andrew Filkosky, accept service of the Complaint filed on behalf of Plaintiff Amy Filkosky in this matter and certify that I am authorized to do so. 1117 / 129 -7 a:4?Z'I?j Dated Andrew Filk ky ?I 1. CERTIFICATE OF SERVICE o ay of November, 2007 a true and convet copy of the I hereby certify that on this c7'4 foregoing document was served by means of United States mail, fast class, postage prepaid, upon the following: Andrew Filkosky 1071-6 Lancaster Boulevard Mechanicsburg, PA 17055 Dara D. Whistler rr rn - SV AMY FILKOSKY, Plaintiff V. ANDREW FILKOSKY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE CASE NO. 07-6896 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 14, 2007. 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 of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. 3 17 Dated (:21 lvku i A? ( I Am Filko y 680261.1 -„ c = c:: N i AMY FILKOSKY, Plaintiff V. ANDREW FILKOSKY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE CASE NO. 07-6896 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 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 herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S .A . §4904, relating to unworn falsification to authorities. Dated Ail I Amy Fi os C'3 cM ? ? Fzi AMY FILKOSKY, Plaintiff V. ANDREW FILKOSKY, Defendant CASE NO. 07-6896 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 14, 2007. 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 of Consent are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. 311 nDated COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE a=:4'e " / Andrew Fil sky 7 - 14..:.? rn f CD Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE CASE NO. 07-6896 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A 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 expens es 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 herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. AMY FILKOSKY, V. Plaintiff ANDREW FILKOSKY, ml yks, Dated Andrew Fi osky n' F= Cl rr, .? ?r rv J I r Stephanie E. DiVittore, Esquire Attorney I.D. No. 85906 RHOADS & SINON LLP One South Market Square, 12th Floor P.O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Amy Filkosky AMY FILKOSKY, Plaintiff V. ANDREW FILKOSKY, Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE CASE NO. 07-6896 CIVIL TERM 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 Section 3301(c) of the Divorce Code, 2 Pa.C.S.A. §3301(c). 2. Date and Manner of Service of the Complaint: Defendant accepted service of the Complaint on November 21, 2007. 3. Date of Execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: The affidavit of consent was signed by Plaintiff Amy Filkosky on March 17, 2008; the affidavit of consent was signed by Defendant Andrew Filkosky on March 14, 2008. (The Affidavits of Consent were filed with the Court on March 19, 2008). 683370.1 t r 4. Related Claims Pending: None. 5. Plaintiff Amy Filkosky signed a Waiver of Notice of Intention to Request Entry of Section 3301(c) Divorce Decree on March 17, 2008 and Defendant Andrew Filkosky signed a Waiver of Notice of Intention to Request Entry of Section 3301(c) Divorce Decree on March 14, 2008. (The Waivers of Notice were filed with the Court on March 19, 2008). WHEREFORE Plaintiff Amy Filkosky respectfully requests that this matter be transferred for entry of a Divorce Decree pursuant to Section 3301(c) of the Divorce Code. Respectfully submitted, RHOADS & SINON LLP By. z v1 Stephanie E. DiVittore One South Market Square P. O. Box 1146 Harrisburg, PA 17108-1146 (717) 233-5731 Attorneys for Amy Filkosky t CD ? } SO IN THE COURT OF COMMON PLEAS Amy Filkosky OF CUMBERLAND COUNTY STATE OF PENNA. VERSUS Andrew Filkosky NO. 07-68 96 DECREE IN DIVORCE AND NOW 2008 , IT IS ORDERED AND DECREED THAT Amy Filkosky Andrew Filkosky AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 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 f P??/ ,Vr? W7,??014 77