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HomeMy WebLinkAbout09-6054N NATALIE S. WILLOW, JN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE TERRY L. WILLOW, Defendant :NO. 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 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 at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 I -N NATALIE S. WILLOW, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. :CIVIL ACTION - LAW :IN DIVORCE TERRY L. WILLOW, Defendant :NO. O9- 60 sq COMPLAINT AND NOW comes the Plaintiff, Natalie S. Willow, who, by and through her attorneys, Elizabeth S. Beckley, Esquire, Charles O. Beckley, II, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff, Natalie S. Willow, is an adult individual residing at 2 Fairfield Street, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant, Terry L. Willow, is an adult individual residing at 331 Iowa Hollow Road, Millerstown, Perry County, Pennsylvania 17062. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on April 24, 1983. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Natalie S. Willow, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. 2 WHEREFORE, pursuant to 23 Pa.C.S.A. §3502, Plaintiff, Natalie S. Willow, respectfully requests the Court to divide all marital property equitably between the parties. COUNT III REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment in accordance with the standard of living established during the marriage. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, pursuant to 23 Pa.C.S.A. §3701, Plaintiff, Natalie S. Willow, respectfully requests the Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 18. The averments contained in Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, pursuant to 23 Pa.C.S.A. §3702, Plaintiff, Natalie S. Willow, 3 respectfully requests the Court to enter an award of alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. DATED: yl of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 4 Respectfully submitted, VERIFICATION I, Natalie S. Willow, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: q-tI-(qq ?? -, aMatalie Wil ow OF I a,'TARY 2009 SEP -4 PM 1: 4 5 ,?,?f -S- /°,w 4 ?oaiv . 1 NATALIE S. WILLOW, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE TERRY L. WILLOW, Defendant : NO. 09--6054 REQUEST FOR HEARING ON ALIMONY PENDENTE LITE TO THE PROTHONOTARY: Please schedule a hearing on alimony pendente lite in the above-captioned matter. DATED: ?of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717)233-7691 Respectfully submitted, fi abehS. Attorney for Plaintiff CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Mr. Terry L. Willow 331 Iowa Hollow Road Millerstown, PA 17062 DATED: q-0--w FILEL l.z?i?:? _ ? 1, zor y yc. Pk NATALIE S. WILLOW, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 09-6054 CIVIL TERM TERRY L. WILLOW, IN DIVORCE Defendant/Respondent : PACSES NO: 658111163 ORDER OF COURT AND NOW, this 22nd day of September, 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 October 21, 2009 at 10:30 A.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 1910.11© (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 Elizabeth S. Beckley, Esq. Date of Order: September 22, 2009 BY THE COURT, 1* -t-. ?" ? M. L. Ebert, Jr., ud 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 OF THE FR TIR't-ll"ilk9Y 2019 SEP 22 PH 2. I CUt Sheriffs Office of Cumberland County R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor RED-? << E OF THIE P-, ' . r TARY ' ?a??cr of ?u?bpp??A "i 8: 2009 SEP i} _?:.y.. Gv? OFFICE •. F THE SHERIFF Natalie S. Willow vs. Terry L. Willow Case Number 2009-6054 SHERIFF'S RETURN OF SERVICE 09/04/2009 R. Thomas Kline, Sheriff who being duly sworn according to law states that he made a diligent search and inquiry for the within named defendant, to wit: Terry L. Willow, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Perry County, PA to serve the within Complaint In Divorce according to law. 09/18/2009 Perry County Return: And now September 18, 2009 at 1325 hours I, Carl E. Nace, Sheriff of Perry County, Pennsylvania, do herby certify and return that I served a true copy of the within Complaint in Divorce, upon the within named defendant, to wit: Terry L. Willow by making known unto himself personally, at 331 Iowa Hollow Road Millerstown, PA 17062 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $37.44 SO ANSWERS, R HOM SHERIFF September 22, 2009 NATALIE S. WILLOW, Plaintiff/Petitioner VS. TERRY L. WILLOW, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 09-6054 CIVIL TERM IN DIVORCE PACSES CASE: 658111163 ORDER OF COURT AND NOW to wit, this 21 st day of October, 2009, it is hereby Ordered that the Petitioner for Alimony Pendente Life is dismissed, without prejudice, pursuant to the Alimony Pendente Lite obligation amount offsetting the child support obligation under PACKS Case 921110770. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. BY THE COURT: M. L. ert, r., J. DRO: R.J. Shadday xc: Petitioner Respondent Elizabeth S. Beckley, Esq. Form OE-001 Service Type: M Worker: 21005 1 (hi:ei_