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HomeMy WebLinkAbout08-1856 BARBARA WILKERSON, Plaintiff V. GENE A.WILKERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE :NO. 08- 1$5(o CIVIL TERM 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. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BARBARA WILKERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE GENE WILKERSON, Defendant : NO. 08- CIVIL TERM DIVORCE UNDER 23 Pa.C.S. § 3301(d) OF THE DIVORCE CODE The plaintiff, Barbara Wilkerson, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: 1. Plaintiff is Barbara Wilkerson, who currently resides at 2200 E, Cedar Run Drive Camp Hill, Cumberland County, Pennsylvania 17011, since 1991. 2. Defendant is Gene A. Wilkerson, whose mailing address is 692 Midwood Street, Brooklyn, Kings County, New York, 11203. 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 February 23, 1989, before the Justice of the Peace in the Brooklyn County Courthouse, Brooklyn, New York, Kings County. 5. Plaintiff and Defendant have lived separate and apart since February of 1991. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 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. . v? WHEREFORE, Plaintiff requests the court to enter a decree of divorce. A AU Takara S. Stro Certified Legal In Counsel for the Plaintiff A dA- NAL Supervis ng Attorney Counsel for the Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Plaintiff Barbara Wilkerson r-? '-?' --- ? __ r??? ?? ?r . r?.? , ' ,, ; .t- _ !?: ?_ _ _ -;? ,_..,_, _ - w.r ' c= Tv -- .. -rii ;i .1? C.f! ?:.7 C..'"? -? BARBARA WILKERSON, Plaintiff V. GENE WILKERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 08- f g5(0 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow BARBARA WILKERSON, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 106 /JY Respectfully submitted, Takara Strong Certified Legal Inte . A ONALD-F Supervisi g Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 (s ? C -nr -1-7 ci ; BARBARA WILKERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE GENE WILKERSON, Defendant : NO. 08- 1&%CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in February of 1991, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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 unworn falsification to authorities. Date a Za? zl/./ .Wo Barbara Wilkerson Plaintiff ry ?.? = ' r-? : 1 ` ' F3 r BARBARA WILKERSON, Plaintiff V. GENE A. WILKERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 08-1856 CIVIL TERM ACCEPTANCE OF SERVICE I, Gene A. Wilkerson, hereby affirm that I accepted service of the Divorce Complaint on March 28, 2008, and was served a true and correct copy of the Divorce Complaint at 692 Midwood Street, Brooklyn, NY 11203. Date 400 S Gene A. Wil son C ) j cp> BARBARA WILKERSON, Plaintiff V. GENE A. WILKERSON, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 08-1856 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after ,z ;nmq',f , the other party can request the court to enter a final decree in divorce. . / If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. IF YOU CANNOT AFFORD 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, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or ?% business before the court. You must attend the scheduled conference or hearing. .. P N. N STATE The Dickinson ® School of Law Family Law Clinic A service to the community by students from The Dickinson School of Law of The Pennsylvania State University April 17, 2008 The Dale F. Shugart Community Law Center 45 North Pitt Street Carlisle, PA 17013 Office: 717-243-2968 Fax: 717-243-3639 Gene Wilkerson 692 Midwood Street Brooklyn, NY 11203 Re: Our Client: Barbara Wilkerson Dear Mr. Gene A. Wilkerson: Enclosed is the Notice of Intention to Request Entry of §3301(d) Divorce Decree and the Defendant's Counter-Affidavit Under §3301(d) of the Divorce Code. Ms. Wilkerson intends to move forward and ask the Court to enter a divorce decree on or after May 7, 2008. You do not have to sign or return any of the enclosed documents if you wish to be divorced from Barbara Wilkerson. The Family Law Clinic only represents Ms. Wilkerson and cannot offer you any legal advice other than to advise you to talk to your own legal counsel if you have any questions or concerns. Very truly yours, Takara S. Stro Certified Legal Intern Enclosure CC: Barbara Wilkerson The Dickinson School of Law of The Pennsylvania State University An Equal Opportunity University CS =i BARBARA WILKERSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08 -1856 GENE WILKERSON, CIVIL ACTION - LAW IN DIVORCE Defendant 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: separation for at least two years under §3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Defendant on April 5, 2008. 3. Complete either paragraph (a) or (b): (b) Date of execution of the affidavit required by §3301(d) of the Divorce Code: March 24, 2008. 4. Related claims pending: none 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy which is attached: Served by First Class Mail on April 17, 2008. 6110 og Date Michael A. O'Donnell Certified Legal Intern Mega4/Riesmeyer, Esq. Supervising Attorney FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorney for Plaintiff na F ? r, ..? ., C D BARBARA WILKERSON, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 08-1856 GENE WILKERSON, CIVIL ACTION - LAW IN DIVORCE Defendant CERTIFICATE OF SERVICE I, Michael O'Donnell, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Praecipe to Transmit Record on Gene Wilkerson, residing at, 692 Midwood Street, Brooklyn, NY 11203, by depositing a copy of the same in the United States mail, postage prepaid. Michael O'Donnell Certified Legal Intern Mega4f Riesmeyer, Esq. 0 Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 t7 "' ° c ?, -ta c.,_. ---t - ? ? 7,. , .?' ' Cv; - ? _: sv i. ` ?. ""? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Ima STATE OF PENNA. BARBARA WILKERSON, Plaintiff VERSUS GENE A. WILKERSON, Defendant No. DECREE IN DIVORCE 1856 2008 AND NOW, /gam 200e , IT IS ORDERED AND DECREED THAT BARBARA WILKERSON PLAINTIFF, AND GENE A. WILKERSON 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 BY THE COURT: ' /5? ATTEST: ' J. PROTHONOTARY " F • e 9 . ,. ?.