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HomeMy WebLinkAbout03-6364Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne~ Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EILEEN M WOOD, BRIAN O. WOOD, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 pages 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. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EILEEN M. WOOD, BRIAN O. WOOD, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Eileen M. Wood, by and through her attorneys, Johnson, Duffle Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Brian O. Wood: 1. The Plaintiff is Eileen M. Wood, an adult individual, residing at 909 Maplewood Lane, Enol; Cumberland County, Pennsylvania 17025. Plaintiff's Social Security Number is 072-50-1533. 2. The Defendant is Brian O. Wood, an adult individual, residing at 909 Maplewood Lane, Enol; Cumberland County, Pennsylvania 17025. Defendant's Social Security Number is 113-58-7294. New York. The Plaintiff and Defendant were married on March 14, 1992, in Greece, Monroe Count 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of mardage between the parties in this or any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken, 8. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce. COUNT II - EQUITABLE DISTRIBUTION 9. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs I through 8 inclusive, of the Complaint as if the same were set forth herein at length, Plaintiff and Defendant have legally and beneficially acquired certain property during their 10. marriage. 11. The parties plan to enter agreements for the resolution of their divorce and equitable distribution issues through the collaborative process. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. JOHN~FFIE, STEWART & WEIDNER VERIFICATION I, Eileen M. Wood, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Eileen M. Wood Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoy~e, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EILEEN M. WOOD, BRIAN O. WOOD, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVlT EILEEN M. WOOD, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that } 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 Prothonotary's Office, 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 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 unswom falsification to authorities. Eileen M. Wood Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attomeys for Plaintiff EILEEN M. WOOD, BRIAN O. WOOD, Plaintiff : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6364 CIVIL TERM CIVIL ACTION - LAW iN DIVORCE ACCEPTANCE OF SERVICF I, Carol J. Lindsay, Esquire, attorney for Defendant, Brian O. Wood, hereby accept service and acknowledge receipt of the Complaint in Divorce filed on December 9, 2003 by the Plaintiff in the above- captioned divorce action. I certify that I am authorized to accept service on behalf of Defendant. SAIDIS, SH~F~O1 ~NDSAY BY: 12-15'03 Carol J. I.(Indsa~ ---squire Attorney I."D~ /<L/ 26 West High Street Carlisle, PA 17013 Attorney for Defendant :221656 Johnson, Duffle, Stewart &'Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EILEEN M. WOOD, : : Plaintiff : V. : BRIAN O. WOOD, : :, Defendant : IN THE COURT Of COMMON PLEAS Of CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6364 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY: PRAECIPE Please withdraw the Count for Equitable Distribution filed by Plaintiff in the above captioned matter. Date: March 25, 2004 JOHNSf/OI~FFIE, ~__~WART & WEIDNER Melissa Peel Greevy :225603 CERTIFICATE OF SERVlCF AND NOW, this ~,~day of March, 2004, the undersigned does hereby certify that she did this date serve a copy of the foregoing Praecipe upon the other parties of record by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Carol J, Lindsay, Esquire Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, PA 17013 JOHN~/O~. FIE, STEWART & WEIDNER Melissa Peel Greevy Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy' I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EILEEN M. WOOD, Plaintiff V. BRIAN O. WOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANI,~ NO. 03-6364 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or December 9, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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. :225301 Eileen M. Wood, Plaintiff Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EILEEN M. WOOD, Plaintiff V. BRIAN O. WOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6364 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ,WAIVER OF NO TICE OF INTENTION TO .REQUEST ENTRY OF A DIVORCE DECRF*t' ,UNDER SECTION 3301(c) OF THE DIVORCE COD[' 1. I consent to the entry of a final Decree in 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. Eileen M. Wood, Plaintiff :225301-2 Johnson, Duffle, Stewart &~Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 76 ! -4540 Attorneys for Plaintiff EILEEN M. WOOD, Plaintiff V. BRIAN O. WOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6364 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on or about December 9, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service 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, understand that the Court maintains a list of marriage counselors and that I may request the Court require my spouse and I to Participate in counseling and, being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. 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 unswom falsification to authorities. Date: 3/~_~)/~--~ :225301-3 Brian O. Wood, Defendant Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box ! 09 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff EILEEN M. WOOD, Plaintiff V, BRIAN O. WOOD, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-6364 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION T~ ~ REQUEST ENTRY OF A DIVORCE DECRE; UNDER SECTION 3301(c~ OF THE DIVORCE COD~ 1. I consent to the entry of a final Decree in 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 thai 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. :225301-4 Brian O. Wood, Defendant EILk~g~ M. WOOD, vs. BRIAN O. WOOD, Plaintiff Defendant IN THE COURT OF C(/v~McN PLEAS OF CI~MBERLAND COUNTY, PENNSYLVANIA NO,. 03-6364 C/VIL TERM To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following informationi to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~ of the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the ccmplaint: by counsel for Defendant on 12/15/03 and filed 12/26/03. 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff March 15, 2004 · by the defendant March 20, 2004 Acceptance of Servic~ signed B. (1) Date of execution of the plaintiff,s affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of se--vice of the plaintiff,s affidavit Upon the defendant: 4. Related clain~ pending: None~ 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code Waiver of Notice signed by Plaintiff on 3/15 ~04 and filed contemporaneously herewith. Waiver of Notice signed by Defendant on 3/20/04 and f~r~poraneously herewi~. Attorney. for Plaintiff~ Melissa Peel Greevy Atty ID #77950 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. EIL~.W.N M. WOOD, Plaintiff VERSUS BR~/~ O. WOOD, Defendant' N o, 03-6364 CIVIL TERM DECREE IN DIVORCE 2004 BRIAN O. WOOD AND __.,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; None. -~i~~ PROTHON O--~A R7