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HomeMy WebLinkAbout08-4355R SHERI ALBRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ( - t?s CIVIL TERM JEFFREY ALBRIGHT, ACTION IN DIVORCE Defendant 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 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 rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselor is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION 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 Phone: (717) 249-3166 a SHERI ALBRIGHT, Plaintiff V. JEFFREY ALBRIGHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. o i,- q 3 ST CIVIL TERM : ACTION IN DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Sheri Albright, a competent adult individual, who resides at 108 East Garfield St., Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Jeffrey Albright, a competent adult individual, whose address is 6 Hill Top Dr., Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 21, 1981 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have three children together, namely, Alyssa Albright, date of birth, 7/22/82, Jillyan Kipe, date of birth, 7/25/83, Jordan Albright, date of birth, 5/31/89. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the Unites States or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) that the marriage is irretrievably broken pursuant to 23 Pa.C.S. 3301 (c) WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 16 COUNT II - EQUITABLE DISTRIBUTION OF PROPERTY 11. Paragraphs 1 - 10 are herein incorporated by reference. 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 each of the parties hereto. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 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 -ALIMONY 14. Paragraphs 1 - 13 of the Complaint are incorporated herein by reference as through set forth in full. 15. The Plaintiff will require Alimony after the entry of the Divorce Decree by reason of her limited economic circumstances. 16. The Defendant is financially able to provide for the reasonable needs of the Plaintiff. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony after the entry of the Decree. COUNT IV - ALIMONY PENDENTE LITE IT Paragraphs 1 - 16 are herein incorporated by reference. 18. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 19. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 20. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, the Plaintiff requests that this Honorable Court enter an award of Alimony Pendente Lite until final hearing. COUNT V - COUNSEL FEES COSTS AND EXPENSES 21. Paragraphs 1 - 20 are herein incorporated by reference. 22. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 23. Without counsel, Plaintiff cannot adequately prosecute her claims against Defendant and she cannot adequately litigate her rights in this matter. 24. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and the expense of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of counsel fees, costs, and expenses. Respectfully submitted, Date: O e Adams, Esquire No. 79465 77 7 We st South Street Carlisle, PA 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ' .y SHERI ALBRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. CIVIL TERM JEFFREY ALBRIGHT, : ACTION IN DIVORCE Defendant 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. §4904, relating to unsworn falsification to authorities. Date: ( l Sheri Albright, Plaintiff D v ?- xT z a\ r ? rnC ' J SHERI ALBRIGHT, Plaintiff V. JEFFREY ALBRIGHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. ok- ?i 3SS CIVIL TERM : ACTION IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE 1. Petitioner, Sheri Albright, is a competent adult individual, who resides at 108 East Garfield St., Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Petitioner's date of birth is 11/18/62; her social security number will be provided to domestic relations upon request separately. 3. Respondent, Jeffrey Albright, is a competent adult individual, whose address is 6 Hill Top Dr., Shippensburg, Cumberland County, Pennsylvania, 17257. 4. Respondent's date of birth is 9/16/1961; her social security number will be provided to domestic relations upon request separately. 5. A divorce complaint which contained claims for Divorce, Equitable Distribution, Alimony and Alimony Pendente Lite was filed under the above-captioned docket number contemporaneously with this petition. WHEREFORE, Petitioner requests that the Court Order Alimony Pendent Lite. Date: 0?- // 9/k Respectfully submitted, e Adams, Esquire No. 79465 7 West South Street Carlisle, PA 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF r- Him F ?r ; _0 0 _t mc 1 y_ SHERI ALBRIGHT, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - DIVORCE NO. 08-4355 CIVIL TERM JEFFREY ALBRIGHT, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 960110191 ORDER OF COURT AND NOW, this 22nd day of July, 2008, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on August 11, 2008 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Jane Adams, Esq. Date of Order: July 22, 2008 BY THE COURT, Edgar B. Bayley, President Judge .? 0 /' /d4 R. J. S day, onference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 r?. ??) r' ?' Q.? ? ary i'`, J ?. "" t r?,-, SHERI ALBRIGHT, Plaintiff V. JEFFREY ALBRIGHT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 4355 CIVIL TERM ACTION IN DIVORCE AFFIDAVIT OF SERVICE REGARDING THE AFFIDAVIT OF SEPARATION AND NOW, this July 29, 2008, I, Jane Adams, Esquire, hereby certify that on July 26, 2008, a certified true copy of the NOTICE TO DEFEND, COMPLAINT, AND PETITION FOR ALIMONY PENDENTE LITE were served upon the following person, via certified mail, return receipt requested at the following address: Jeffrey Albright 6 Hilltop Drive Shippensburg, Pa. 17257 DEFENDANT a 0 4poft ii a ns 1, 2, acrd 3. Abo consr?let?e uro 0 hearri 4 B mad Delivery is dedred. Agent ¦ Print your name and address on the ruse so that we can the cod to you. c ¦ Attach thb tack of the malliAec e, ? ??? or on the space Permits. D. IS d*.wy ofiess d t? © Yee 1. Artkb Addressed m: B YES, mom deevery addraw below. ©Mo a Serra IWO V[? IR 009W Md D egxses Md MOWW 1 Ream Receipt for Meese d O Ur! mfiv 4 C-0-0- ft F 1 M e j P * m 4. 14 11 1 lwe 2. ArWe Nianber 7008 1140 0001 6162 9152 P8 ftm 1, Auk 1 bomestlc ?tekiun taw Respectfully Su bmitted: Ja Adams, Esquire 1. No. 79465 West South St. rlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ct? -c SHERI ALBRIGHT, Plaintiff/Petitioner VS. . JEFFREY ALBRIGHT, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-4355 CIVIL TERM IN DIVORCE PACSES CASE: 960110191 ORDER OF COURT AND NOW to wit, this 12th day of August 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite filed July 21, 2008 is dismissed, without prejudice, pursuant to the Petitioner withdrawing her request for APL. DRO: R.J. Shadday xc: Petitioner Respondent Jane Adams, Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: ?? G ? s?; { ? .. 2 '= - ?'? """ cx? . .-X, _ ? c "? 7. '<1= ??? ? '!? ,.+r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERI ALBRIGHT, CIVIL ACTION -LAW Plaintiff vs. NO. 08 - 4355 CIVIL TERM JEFFREY ALBRIGHT, Defendant IN DIVORCE C-: DEFENDANT'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE PENNSYLVANIA DIVORCE CODE ' 1. The parties to this action separated in June, 2008 and have continued to live separate and apart for a period of at least two 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 unsworn falsification to authorities. Date: February 21, 2013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERI D. ALBRIGHT, • CIVIL ACTION—LAW Plaintiff • vs. • NO. 08 - 4355 CIVIL TERM JEFFREY S. ALBRIGHT, Defendant : IN DIVORCE rrl ACCEPTANCE OF SERVICE OF .7r co DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE PENNSYLVANIA DIVORCE CODE I, SHERI D. ALBRIGHT, Plaintiff in the above-captioned matter, hereby accept service of the Defendant's Affidavit Under Section 3301(d) of the Pennsylvania Divorce Code which was filed in the above matter. Date.... , 2013 441: _ • !mot, SHERI. D. ALBRIGHT, Plaintiff _. _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERI D. ALBRIGHT, : CIVIL ACTION—LAW _--y n , Plaintiff • VS. • NO. 08 - 4355 CIVIL TE' r co JEFFREY S. ALBRIGHT, • r— 'ce Defendant IN DIVORCE `°, •.7 PLAINTIFF'S PRAECIPE TO WITHDRAW CLAIMS FOR EQUITABLE DISTRIBUTION OF PROPERTY, ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES, COSTS AND EXPENSES To the Prothonotary, Please mark as withdrawn, settled and discontinued the following Counts of the Complaint in Divorce: Count II Equitable Distribution of Property Count III Alimony Count IV Alimony Pendente Lite Count V Counsel Fees, Costs and Expenses Date: April 16, 2013 4.6( .4e, SHERI. D. ALBRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERI D. ALBRIGHT, : CIVIL ACTION—LAW Plaintiff • vs. • NO. 08 - 4355 CIVIL TERM , • rn roi:1 :., JEFFREY S. ALBRIGHT, : � ' Defendant • IN DIVORCE - co • • .y - r..r Cam'I PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE PENNSYLVANIA DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 21, 2008. 2. The marriage of 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 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. § 4904 relating to unsworn falsification to authorities. Date: Apj Jo , 2013 ti�. SHERI. D. ALBRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERI D. ALBRIGHT, : CIVIL ACTION—LAW Plaintiff • vs. • NO 08 - 4355 CIVIL TERM rr r,1_71 • _. '__ JEFFREY S. ALBRIGHT, • (/)� Defendant • IN DIVORCE Y ail PLAINTIFF'S 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 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. � a Date: 44J I , 2013 &AT/ t J_ 4 1 ,� SHERI. D. ALBRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERI D. ALBRIGHT, : CIVIL ACTION—LAW Plaintiff : a �=> rn C - - -a-r n vs. • NO 08 - 4355 CIVIL TERNCE co 6 JEFFREY S. ALBRIGHT, • --0 Defendant • IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE PENNSYLVANIA DIVORCE CODE 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 21, 2008. 2. The marriage of 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 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. § 4904 relating to unsworn falsification to authorities. / t/ ' � Date: 4044 G / , 2013 //� EF" '1" . S. ALBRIGH ', Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERI D. ALBRIGHT, • CIVIL ACTION—LAW Plaintiff • vs. NO. 08 - 4355 CIVIL TE � . JEFFREY S. ALBRIGHT, • E--.- , Defendant • IN DIVORCE ' DEFENDANT'S 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 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. /1/dAllOr Date: 49/2.i'L / j , 2013 FF' Y :. ALBRIGHT, P.-`ens ant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA �., SHERI D. ALBRIGHT, : CIVIL ACTION—LAW rri Plaintiff �� r • vs. : NO. 08 - 4355 CIVIL TER/ -0 - ;- JEFFREY S. ALBRIGHT, -` Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD FOR ENTRY OF DIVORCE DECREE UNDER 3301(c) OF THE DIVORCE CODE 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: Date and manner of service of the complaint: delivered July 26, 2008-certified mail. 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 on April 16, 2013; by Defendant on April 16, 2013. (b)(1) Date of execution of the affidavit required by §3001(d) of the Divorce Code: Not applicable; (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: Not applicable. 4. Related claims pending: None. 5. Complete either(a) or(b) (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: Not applicable. (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: April 18, 2013. Date Defendant's Waiver of Notice was filed with the Prothonotary: April 18, 2013. Date: April 18, 2013 n C V David P. Perkins, Esquire Attorney for- bEr r•t3tarc'T Attorney ID: 34342 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 658-6531 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHERI D. ALBRIGHT V. JEFFREY S. ALBRIGHT NO. 08 - 4355 CIVIL TERM DIVORCE DECREE AND NOW, CA , '�1�Yt �D 13 , it is ordered and decreed that SHERI D. ALBRIGHT plaintiff, and JEFFREY S. ALBRIGHT defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, Atte J Protho otary t_ �e�� �o r-���%d