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Home My WebLink About09-2735JANET TATE Plaintiff V. WESLEY TATE Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA :NO. ?/ - R -23.f C 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 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, I Courthouse Square, Carlisle, PA. 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, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, JOHN F. KING LAW, P.C. By: lc'A' :J:? Yolln F. King, Esquire 19 S. Hanover Street Suite 103 Carlisle, PA 17013 (717) 258-4343 JOHN F. KING LAW, P.C. John F. King, Esquire ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343/Fax: (717) 422-5526 Attorney for Plaintiff JANET TATE Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. o R - .2 7 -3 WESLEY TATE CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Janet Tate, who currently resides at 598 Zion Road, Carlisle, County of Cumberland, PA 17015. 2. Defendant is Wesley Tate, who currently resides at 219 Chestnut Street, Mt. Holly Springs, County of Cumberland, PA 17065. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 1, 1982, in Bloomfield Hills, Michigan. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. Respectfully submitted, JOHN F. KING LAW, P.C. Date: JA(n F. King, Esquire 19 S. Hanover Street Suite 103 Carlisle, PA 17013 (717) 258-4343 VERIFICATION I, Janet Tate, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Complaint in Divorce; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: C? R - F THE F?? ZGog r, Ay - f d, 9: 4 7 325----? 0 "o d - Wf 0-3f ls-s-?f (' -??I' V -a? 4 q- ,q3S AFFIDAVIT OF SERVICE Commonwealth of Pennsylvania: County of Cumberland : ss: AND NOW, on the 8' day of May. 2009, I served the within Divorce Complaint upon Wesley Tate by personally handing to his attorney, P. Richard Wagner, one true attested copy of COMMONWEALTH OF PENNSYLVANI NOTARIAL SEAL SHARRY D, SEMANS, Notary Public City of Harrisburg, Dauphin County N1y, !mission Expires July 25, 2010 AE:D i i O THE PP t'f"`,lDT PY 2009 MAY 19 PH 1: 49 LU' ;i`? P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Defendant JANET ANN EVOLA-TATE, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 09-2735 : CIVIL ACTION -LAW WESLEY TATE, Defendant. : IN DIVORCE PETITION FOR APL AND NOW, comes the Defendant, Wesley Tate, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Petition For APL: 1. Your Petitioner, Wesley Tate, is the Defendant in the above-captioned matter. 2. The Respondent, Janet Ann Evola-Tate, is the Plaintiff in the above-captioned matter. 3. Plaintiff filed a divorce action on I' day of May, 2009, in the Court of Common Pleas of Cumberland County. 4. Petitioner filed a Count requesting alimony pendente lite in response to the original complaint. 5. Petitioner is without sufficient means to maintain himself during the course and pendency of the litigation. 6. Petitioner requests the Court to grant alimony pendente lite unto the Petitioner. WHEREFORE, Petitioner requests the Court to grant him alimony pendente lite. Respectfully Submitted, Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 Attorneys For Petitioner Date: -2- VERIFICATION I verify that the statements made in the foregoing document 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. Date: ? ?"? RLED-OrriCE OF THE PROTHMOTARY 2009 JUN -5 PM 3: C 9 044 -'o Deo P. Richard Wagner, Esquire PA Supreme Court ID# 23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax(717)234-7080 Attorney for Defendant JANET ANN EVOLA-TATE, Plaintiff, V. WESLEY TATE, TO: Janet Ann Evola-Tate c/o John F. King, Esquire 3820 Market Street Camp Hill PA 17011 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-2735 CIVIL ACTION - LAW NOTICE TO PLEAD You are hereby notified to plead to the within document within twenty (20) days after service hereof, or a default judgment may be entered against you. Respectfully submitted, DATE: --X a I P MANCKE, NER, SPREHA & McQUILLAN f' By ff P agner, Esquire 103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Defendant JANET ANN EVOLA-TATS, V. Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO: 09-2735 : CIVIL ACTION -LAW WESLEY TATE, Defendant. IN DIVORCE ANSWER TO COMPLAINT IN DIVORCE WITH ADDITIONAL COUNTS AND NOW, comes the Defendant, Wesley Tate, by and through his attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Answer With Additional Counts: ANSWER 1. Paragraphs 1 through 7 of Plaintiff's Complaint are admitted. ADDITIONAL COUNTS COUNTI EQUITABLE DISTRIBUTION 8. Paragraphs 1 through 7 above are incorporated herein by reference and made a part hereof. 9. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under COUNT II ALIMONY PENDENTE LITE COUNSEL FEES, COSTS AND EXPENSES 10. Paragraphs 1 through 9 above are incorporated herein by reference and made a part hereof. 11. By reason of this action, Defendant will be put to considerable expense in the preparation of his case in the employment of counsel and the payment of costs. 12. The Defendant is without sufficient funds to support himself and to meet the costs and expenses of this litigation and unable to appropriately maintain himself during the pendency of this action. 13. The Defendant's income is not sufficient to provide for his reasonable needs and pay his attorneys' fees and the cost of this litigation. 15. The Plaintiff has adequate earnings to provide support for the Defendant and to pay his counsel fees and expenses. WHEREFORE, Plaintiff prays this Honorable Court: (a) Enter a Decree in Divorce; -2- (b) Compel the Plaintiff to pay alimony pendente lite to the Defendant; (c) Equitably distribute all property, both real and personal, owned by the parties; (d) Compel the Plaintiff to pay the Defendant's counsel fees, costs and expenses and the costs and expenses of this action; and (f) Grant such further relief as the Court may deem equitable and just. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan P. Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant 6 Date: -7 -3- VERIFICATION I verify that the statements made in the foregoing document 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. Date: ?l ?? 9 FILED-OFFCF OF THE FIRCIHNOTARY 2009 ,iii -S Phi 3:09 Q° V 'o ATTI 5L4'4'1 a? JANET ANN EVOLA-TATE, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-2735 CIVIL TERM WESLEY TATE, IN DIVORCE Defendant/Petitioner : PACSES NO: 673110968 ORDER OF COURT AND NOW, this 26th day of June, 2009, 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 July 29, 2009 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. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed to: Petitioner Respondent P. Richard Wagner, Esq. John F. King, Esq. ? Date of Order: June 26, 2009 R. J. S '"May, PL Coordinator 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 1 Q9 JUN 2b PM 3: ; 2 WUNTY NSY[W)w P. Richard Wagner, Esquire PA Supreme Court ID# 23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax(717)234-7080 Attorney for Defendant JANET ANN EVOLA-TATE, IN THE COURT OF COMMON CUMBERLAND COUNTY, PEls NO: 09-2735 VANIA Plaintiff, V. CIVIL ACTION - LAW WESLEY TATE, TO: Janet Ann Evola-Tate c/o John F. King, Esquire 3820 Market Street Camp Hill PA 17011 NOTICE TO PLEAD You are hereby notified to plead to the within document within twenty (20) days hereof, or a default judgment may be entered against you. Respectfully MANCKE, V Q)WR, SPREHA & DATE: o??/ P 'c and Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant service P. Richard Wagner, Esquire PA Supreme Court I.D. #23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney For Defendant JANET ANN EVOLA-TATE, : IN THE COURT OF COMMON PL AS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 09-2735 CIVIL ACTION -LAW WESLEY TATE, IN DIVORCE Defendant. AMENDED ANSWER TO COMPLAINT IN DIVORCE WITH ADDITIONAL COUNTS AND NOW, comes the Defendant, Wesley Tate, by and through his attorney Mancke, Wagner, Spreha & McQuillan, and files the following Amendment to his Answer W' Additional Counts: AMENDED ANSWER 1. Answers to Paragraphs 1 through 5 of Plaintiffs Complaint are admitted. 2. Answers to Paragraphs 6 and 7 are denied. 3. The remaining paragraphs in the original Answer to Complaint in Divorc with Additional Counts are hereby incorporated herein by reference and made a part hereof, which include Count I, Equitable Distribution, Count II, Alimony Pendente Lite, Counsel Foes, Costs and Expenses. ADDITIONAL COUNTS COUNTI EQUITABLE DISTRIBUTION 8. Paragraphs 1 through 7 above are incorporated herein by reference part hereof made a 9. During the marriage, Plaintiff and Defendant have acquired various ?tems of marital property, both real and personal, which are subject to equitable distrib+on under COUNT II ALIMONY PENDENTE LITE COUNSEL FEES. COSTS AND EXPENSES 10. Paragraphs 1 through 9 above are incorporated herein by reference part hereof. made a 11. By reason of this action, Defendant will be put to considerable exp?nse in the preparation of his case in the employment of counsel and the payment of 12. The Defendant is without sufficient funds to support himself and tp meet the costs and expenses of this litigation and unable to appropriately maintain himself during the pendency of this action. 13. The Defendant's income is not sufficient to provide for his reason4ble needs and pay his attorneys' fees and the cost of this litigation. -2- 15. The Plaintiff has adequate earnings to provide support for the to pay his counsel fees and expenses. WHEREFORE, Plaintiff prays this Honorable Court: (a) Enter a Decree in Divorce; (b) Compel the Plaintiff to pay alimony pendente lite to the E (c) Equitably distribute all property, both real and personal, o the parties; (d) Compel the Plaintiff to pay the Defendant's counsel fees, expenses and the costs and expenses of this action; and (f) Grant such further relief as the Court may deem equitable Respectfully submitted, Mancke, gner, Spreha & McQuill By ,l LE.Bichdd Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Defendant Date: and by and and just. -3- VERIFICATION I verify that the statements made in the foregoing document are true and understand that false statements herein are made subject to the penalties of 18 Pa.C.?.A. §4904, relating to unsworn falsification to authorities. Date: 611-310 9 CERTIFICATE OF SERVICE I, Debra K. Spinner, secretary in the law firm of Mancke, Wagner, Spreha & do hereby certify that I am this day serving a copy of the foregoing document to the f llow persons and in the manner indicated below, which service satisfies the requirements f the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States ail, Harrisburg, Pennsylvania, with first class postage, prepaid, and addressed as follows: John F. King, Esquire 19 S. Hanover Street Suite 103 Carlisle PA 17013 By Debra K: Spinner, Secretary Mancke, Wagner, Spreha & 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Defendant Date: ?T D . n 1 -}j l C 'v 711 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JANET TATE V. WESLEY TATE NO. 09-2735 DIVORCE DECREE AND NOW, ~"~'h . Z. 5 __, Z ~ I C~ , it is ordered and decreed that JANET TATE plaintiff, and WESLEY TATE ,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, /~ A t st: ~ J. ~ ~~ othonotary .3 - a - i~ Gam. ~'~,~, ~~~~~ ~ ~~'~