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HomeMy WebLinkAbout09-5747v F:\FILES\Clients\13349 Mitty\13349.LDivorce Complaint Created: 6/1/06 8:50AM Revised: 8/19/09 9:26AM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MICHAEL A. WHITTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- Syg7 CIVIL ACTION - LAW DONNA L. WHITTY, Defendant 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. 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 Telephone (717) 249-3166 MICHAEL A. WHITTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009- 5 7Y °7 (ta CIVIL ACTION - LAW DONNA L. WHITTY, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Michael A. Whitty who currently resides at 726 Lincoln Way East, Chambersburg, Franklin County, Pennsylvania. 2. Defendant is Donna L. Whitty who currently resides at 239 Meals Drive, Carlisle, Cumberland County, Pennsylvania. 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 20`'' day of April, 2002. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Service Member's Civil Relief Act. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 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. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. When at the appropriate time, Plaintiff will file an affidavit stating that two years have expired from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. Date: ? ( 0 MARTS LA OF CES By ubert X. Gilr , Esquire 10 East High treet Carlisle, P 7013 (717) 243- 341 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Michael A. Whitty F:\FILES\Chents\13349 Whitty\13349.I.DivorceComplaint FILE OF ?Hc }?nrTz.,?QTAF?Y 2009 AUG 20 AM 10: 52 4 F. TILES\Clients\13349 Whitty\13349.1. affidavits -71 P, T Hubert X. Gilroy, Esquire FEB 22 PM t,. 0 2 I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER`UMBE:`?L,?HD ;-A.?€t E V MARTSON LAW OFFICES i'I'I5't°11r`''. 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MICHAEL A. WHITTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2009-5747 CIVIL ACTION - LAW DONNA L. WHITTY, Defendant IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE CODE 1. The parties to this action separated on February 6, 2009, 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.A. Section 4904 relating to unsworn falsification to authorities. Date: O - 7 - 200 A ,?? X-?-4 Michael A. Whitty, Plaintiff Hubert X. Gilroy, Esquire FILED -f ,u n , I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER2 I I FEB 22 PM t,; 2 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 PENP:S?LV,r flsl (717) 243-3341 Attorneys for Plaintiff MICHAEL A. WHITTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5747 CIVIL ACTION - LAW DONNA L. WHITTY, ; Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301(d) OF THE DIVORCE CODE 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 waiver 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: 10 d Y J Michael A. Whitty, Plaintif Hubert X. Gilroy, Esquire ; FILED-OFFICE QTHG O ;? ?' I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & Fffi§& 25 AM 8` 16 MARTSON LAW OFFICES 10 East High Street ^IJMSERLAND OWN" Carlisle, PA 17013 PENNSYL`4ANIPN (717) 243-3341 Attorneys for Plaintiff MICHAEL A. WHITTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5747 CIVIL ACTION - LAW DONNA L. WHITTY, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 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 waiver 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: Q 1 t_ i i fi Jo?--?,?vt?r_ - Donna L. Whitty, Defendant p Hubert X. Gilroy, Esquire FILED-OFFICE I.D. 29943 O THE PROTHONOTAR'MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAME MARTSON LAW OFFICES ZS AM $; 16 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff CUMBERLAND LOON I PENNSYLVANIA MICHAEL A. WHITTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5747 CIVIL ACTION - LAW DONNA L. WHITTY, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Chec either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check (I), (ii) or both): (I) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): Z(a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: Donna L. Whitty NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. J F.AC1ients\13349 Whitty\13349. LPRAF Created: 6/1/06 8:50AM Revised: 8/11/11 2:43PM Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff PiF' ..??•F '11??ri 1 20 I?CF fti R t 1 ? fit' ?.) C ClU , 4 15' i ti/A111?, MICHAEL A. WHITTY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009-5747 CIVIL ACTION - LAW DONNA L. WHITTY, Defendant IN DIVORCE 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: irretrievable breakdown under Section 3301(c) or 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: August 25, 2009 via Certified Mail Return Receipt requested (see attached). 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; July 11, 2011; by the Defendant; February 17, 2011. (b)(i) Date of execution of the Plaintiffs affidavit required by § 3301(d) of the Divorce code: (b)(ii) Date of filing and service of the Plaintiffs affidavit upon the respondent: 4. Related claims pending: NONE. I 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 25, 2011. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 22, 2011. Date: August, 2011 MARTSON LAW OFFICES By //kA-?/ Hubert X. Gilroy Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL A. WHITTY V. DONNA L. WHITTY No. 2009-5747 DIVORCE DECREE a,;(- g.'?S' • ," AND NOW,r , it is ordered and decreed that MICHAEL A. WHITTY plaintiff, and DONNA L. WHITTY , 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 ourt, Attest. Prothonotary ee(4- ? tyu,lea( eiI y 141&e, mpj /1441