The URL can be used to link to this page

Home My WebLink About09-5515SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 Susan E. Good, Esquire ID #93294 4431 North Front Street, 3`' Flr. Harrisburg, PA 17110-1778 (717) 234-2401 7;1v P .....!... corn xxl„- a l-.31 ?_..__ -- Attorneys for Plaintiff HEATHER WILKENING, PLAINTIFF V. CHRISTOPHER WILKENING DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. CIVIL ACTION - 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 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, 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 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, PA 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 of business before the Court. SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 Susan E. Good, Esquire ID #93294 4431 North Front Street, 3`a Fir. Harrisburg, PA 17110-1778 (717) 234-2401 1,,.?)g S00(: , sasll .con Attorneys for Plaintiff HEATHER WILKENING, IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. : DOCKET NO. C' f- CHRISTOPHER WILKENING DEFENDANT CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW, comes Plaintiff, Heather Wilkening, by and through her attorneys, SMIGEL, ANDERSON & SACKS, LLP, and represents as follows: COUNTI DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Heather Wilkening, who currently resides at 115 Mount Equity Road, Pennsdale, Lycoming County, Pennsylvania and has resided there since on or about July 25, 2009. 2. Defendant is Christopher Wilkening, who currently resides at 1605 Sheepford Road, Mechanicsburg, Cumberland County, Pennsylvania and has resided there since on or about July, 2008. 3. Both Plaintiff and Defendant 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 March 31, 2009, at Carlisle, Pennsylvania. 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. 8. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. COUNT II EQUITABLE DISTRIBUTION 9. Plaintiff repeats and realleges the averments of paragraphs 1 through 8 which are incorporated by reference herein. 10. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. SMIGEL, ANDERSON & SACKS, LLP Date: (a 0 `By: t LeRoy Smigel, Esquire I.D. #09617 Susan E. Good, Esquire I.D. 493295 4431 North Front Street, 3"d Flr. Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff VERIFICATION I, Heather Wilkening, verify that the statements contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: $? ?2q : I k4 kA- W Heather Wilkening wr T L 1009 ltl.4iJ - ! Iii JI 0: 1, r.: , r au.u? 1 ad?? Pf" SMIGEL, ANDERSON & SACKS, LLP LeRoy Smigel, Esquire ID #09617 Susan E. Good, Esquire ID #93294 4431 North Front Street, 3 d Flr Harrisburg, PA 17110-1778 (717) 234-2401 Attorneys for Plaintiff HEATHER WILKENING, PLAINTIFF V. CHRISTOPHER WILKENING DEFEiNDAi?T IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 09-5515 CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I accepted service of the Divorce Complaint under Section 3301(c) or 3301(d) of the Divorce Code on this d-Ak day of ,,dt , 2009. 01 Christo Wilkemng, Defendant Fl = OF THE P2?-j" 2009 AUG 24 PM 5U CLI to" HEATHER WILKENING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET # 09-5515 CIVIL ACTION - DIVORCE CHRISTOPHER WILKENING, Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Christopher Wilkening, the Defendant, in the above captioned matter. August 28, 2009 Edward W. Chase Certified Legal Intern Megan esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 APY OF THP 2009 AUG 28 PH ?: 15 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER WILKENING Plaintiff Vs . CHRISTOPHER WILKENING , Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] File No. 0 9 - 5 515 IN DIVORCE x prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated c-n -.3 ~ _o ,~ 5 O _n ~~~ ? ~' ~ Z ~ - _w !"t7 ~ ~ ~J ~ ~l j ~'~! ~:~ ~ ' ='r~ ~ z.~ .. S~ ., Y. ' rj ~ +rn ~ w ~ hereby elects to resume the prior surname of HEATHER WALDRON ,and gives this written notice avowing his /her intention pursua?nt to the prloAvisions of 54 P.S. 704. Date: l ~ ~ .30 ~~ ~ Jl .~~~ Ll ~ ;~ Signature ~~~ Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF~~ Pt! - N ) On the ~~day of ~L-~ ~~, 200 g before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. ~~. ' Publi COMMpNW e~ ,1"fl F P N8YLVANIA Notarial Seal Picky L. Fitz, Notary Public Susquehanna Twp., Dauphin County My Commission Expin3s Jan. 6, 2011 Member, Penns~elvan+a Association of Notaries Sa ty ~~ ~0l1`1 R~r3-31v l HEATHER WILKENING V. CHRISTOPHER WILKENING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5515 CIVIL TERM DIVORCE DECREE AND NOW, •'~~-'"~~ ~ ~ .3 HEATHER WILKENING ~-'~ ~ ~ L' , it is ordered and decreed that CHRISTOPHER WILKENING bonds of matrimony. plaintiff, and defendant, are divorced from the 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. It is further ORDERED and DECREED that the Marriage Settlement Agreement executed by and between the parties dated February 24, 2010, is incorporated by reference into this Decree for the purposes of enforcement, but shall NOT be deemed to have been merged with this Decree. ~ By the Court, ~~ ~~ Attest: Prothonotary ~~,~t--t~ I ~ Ce-r-I- Cv~ Inc~.~ i e_c rn~~~~~ ~ ~