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HomeMy WebLinkAbout08-5635dj Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)-249-2761 IN THE COURT OF COMMON PLEAS OF THE 9 h JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA REBEKKA A. WRIGHT Plaintiff, No. lA ' S?l 35 (:l ?? I TGr? V. SHANE A. WRIGHT Defendant : Civil Action - Divorce NOTICE TO DEFEND AND CLAIM OF 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. 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, PA 17013 (717) 249-3166 NOTICE OF AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. § 3301(a)(6) - Indignities 23 Pa.C.S. § 3301(c) - Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. § 3301(d) - Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6194. RONIINGER & ASSOCIATES Lee E.-Oes*Ak&4.ff.-# 7 Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717)249-2761 Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)-249-2761 IN THE COURT OF COMMON PLEAS OF THE 9"' JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA REBEKKA A. WRIGHT Plaintiff, No. ?• 6 6 3 6 V. Civil Action - Divorce SHANE A. WRIGHT Defendant COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Rebekka A. Wright, nee Linn an adult individual, sui juris, who currently resides at 8 Larch Drive, City of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania 17257. 2. Defendant is Shane a. Wright, an adult individual, sui juris whose last known domicile was 2/3 ECHO Company, Weapons Platoon, Barracks 1604, MCBH, Kaneohe Bay, State of Hawaii, 96863. For purpose of service, Defendant is known to be at 45 Scrafford Street, City of Shippensburg, County of Cumberland, Commonwealth of Pennsylvania 17257. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the 24'h day of February 2006, County of Onslow, State of North Carolina. 5. Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. For purposes of § 3301(d) of the Divorce Code, the parties have been living separate and apart since on or about September 5, 2006. A unilateral affidavit alleging the date of separation is attached to this complaint as Exhibit "A" 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. COUNTI REQUEST FOR A NO-FA ULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(d) of the Divorce Code. Lee E. Oes-ter9lg . ;F) Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717)249-2761 VERIFICATION I verify that upon personal knowledge or information and belief 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 unworn falsification to authorities. Date: Plaintiff Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)-249-2761 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA REBEKKA A. WRIGHT Plaintiff, No. V. SHANE A. WRIGHT Defendant : Civil Action - Divorce NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER 23 P.S. § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 5, 2006 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 unworn falsification to authorities. Date: g q4l ('.c IL?: 0C RebekkK Wri . Plainti Attorney EXHIBIT "A" Ilk ? rn T? r rv -a Q Uw?l \4a Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)-249-2761 IN THE COURT OF COMMON PLEAS OF THE 9 h JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA REBEKKA A. WRIGHT Plaintiff, V. SHANE A. WRIGHT Defendant No. 08-5635 : Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OR § 3301(d) 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. Section 4904 relating to unworn falsification to authorities. C Date: ) AJW , e S A WRIGHT, Defendant ^' i. 77 i i cn ; ??- 55 q Rominger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)-249-2761 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA REBEKKA A. WRIGHT Plaintiff, V. SHANE A. WRIGHT Defendant No. 08-5635 : Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OR § 3301(d) 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. Section 4904 relating to unsworn falsification to authorities. ?j f ?n 0 Date:o? REBEKKA A WRIGHT, Plaintiff c -:) C= -n 00 - 7t r M - -J 4, w r \ Rorninger & Associates 155 South Hanover Street Carlisle, PA 17013 (717)-249-2761 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA REBEKKA A. WRIGHT Plaintiff, V. No. 08-5635 : Civil Action - Divorce SHANE A. WRIGHT Defendant PRAECIPE TO TRANSMIT THE 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) ( x) 3301(d)(1) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Service Personally on Defendant on September 24, 2008 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 plaintiff N/A by defendant N/A (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: September 22, 2008 ; (2) date of service of the Plaintiffs affidavit upon the Defendant: September 24. 2008. 4'.„ 14 4. Complete the appropriate paragraph(s). (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: There are no outstanding claims, all claims settled by agreement of the parties. (d) State whether any agreement is to be incorporated into the Decree. None so, attach a true and correct copy of the fully executed agreement: (e) Has a request for counseling been made by either party? : No. If so, has the counseling been completed?: N/A. 5. I certify that the notice required by Rule 1920.42(e) was mailed on: Waived by both parties by Wavier of Notice executed on September 25, 2008 by Defendant and September 26, 2008 by Plaintiff andcopy thereof is attached. Lee E. Dester7Pg; I'D. # 71320 Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717)249-2761 C- ? -vt cry z m ,. J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. PLAINTIFF VERSUS SHANE A WRIGHTT NO. 08-5635 DECREE IN DIVORCE AND NOW, ?L 1 2-6v IT IS ORDERED AND DECREED THAT REBEKKA A. WRIGHT , PLAINTIFF, AND SHANE A WRIGHT 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 - ALL CLAIMS SETTLED BY THE PARTIES E p ,?? ? ?! of