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Home My WebLink About04-2335VICTORIA K. WRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY nn / V. DOCKET NO. 041 ^ X),O? l-lvtl ?-r''? SCOTT R. WRIGHT, CIVIL ACTION - LAW Defendant COMPLAINT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Scott R. Wright 17 Shippensburg Mobile Estates Shippensburg, PA 17257 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. When the ground for 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 PHONE: 1(800) 990-9108 303667-1 VICTORIA K. WRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY V. DOCKET NO. 04 -,Z 37j tu'L`,? SCOTT R. WRIGHT, CIVIL ACTION - LAW Defendant COMPLAINT IN DIVORCE DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Victoria K. Wright currently residing at 8066 Scenic Drive, Shippensburg, Franklin County, Pennsylvania, 17257. 2. Defendant is Scott R. Wright currently residing at 17 Shippensburg Mobile Estates, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 1, 1997 in Franklin County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 303667-1 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 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 were two children born of this marriage under the age of eighteen (18): Bree E. Wright, dob: 2/28/98; and Keenan S. Wright, dob: 10/22/99. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The averments of Paragraphs 1 through 8 hereof are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. 303667-1 COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 12. The averments of Paragraphs 1 through 11 hereof are incorporated herein by reference. 13. The marriage of the parties is irretrievably broken. 14. The parties are living separate and apart; and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(d) of the Divorce Code. COUNT III EQUITABLE DISTRIBUTION 15. The averments of Paragraphs 1 through 14 hereof are incorporated herein by reference. 18. During the marriage the parties acquired marital property, assets and debts which Plaintiff requests the court equitably distribute and assign. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By Andrew C. Spears, squire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: 303667-1 VERIFICATION I, Victoria K. Wright, hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. Victoria K. Wright Date: SIB (Q '0? 303667-1 r 0 oc V C?T N -° r -il -rrrn ? c? r. ? 7 cll I? VICTORIA K. WRIGHT, IN THE COURT OF COMMON PLEAS Plaintiff OF THE 39th JUDICIAL DISTRICT FRANKLIN COUNTY, BRANCH V. SCOTT R. WRIGHT, Defendant NO.. of ? - =5- CIVIL ACTION - LAW COMPLAINT IN DIVORCE AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff, Victoria K. Wright, in the above- captioned action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Scott R. Wright, Defendant, via regular mail and certified, return receipt restricted mail on June 12, 2004. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is a copy of the return receipt card for said service. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. ?kk.p Andrew C. Spears Supreme Court I.D. No. 87737 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Date: ??• 71 314283-1 Xh??i? Tt v-R' Wime Hems t, 2, and 3, Also complete A. 81914turs - .+ Item 4 If Resbicted Delivery is desired. w Pint your name ond'address on the reverse x Jr fi' ?+ t so that we can return the card to you. ¦ Attach this card lathe back of the mailplece. D. Receivedby (p?inted`N livery or on the frontt if space permits. . 0. 1. ArtlGe Addressed to. Is delNeryetldressdffiWwd, ,l If YES, enter delivery address No 1 t' 1 ?. 3. Type V /?(1 Certified Mail Ex Mail 7GG PQ l '? Registered etum Receipt for Merchandise ?! / 7 13.lneured Mall, EhO.O.D. 0 Traeal 7002 3150 0006 7725 3046 roast rnugust320011 I I I ! i IJbpt*c Return Receipt 102696.02-IS--0540 F:\FILES\DATAFILE\General\Current\12034.1. AFF.1 Created: 9/20/04 0:06PM Revised: 2/5/07 1:09PM Thomas J. Williams, Esquire Jennifer L. Spears, Esquire MARTSON DEA.RDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 17512 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VICTORIA K. WRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2335 CIVIL ACTION - LAW SCOTT R. WRIGHT, 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(d) OF THE DIVORCE CODE 1. The parties to this action separated on May 24, 2004, 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 unworn falsification to authorities. Date: ( o I n w Victoria K. Wnght, P ainti -n r0 t 1 m 7f ? r 7f F --ry? CTS co R'?CEI ED nn ARTSDN F \FILES\DATAFILE\General\Current\12034\12034.1. AFF.1 Created: 9/20/04 0.06PM Revised. 3/28/07 0 08PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VICTORIA K. WRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2335 CIVIL ACTION - LAW SCOTT R. WRIGHT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on or about May 19, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 unsworn falsification to authorities. Date: Al llm S^411 11 Victoria K. Wright, Plaintif :a ? ?.. ? ? _.. H a'L; ?„?'?'i i'ti r_ ...- :7 ?, (`'*? ? y?, f1 -?'? .i- Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VICTORIA K. WRIGHT, Plaintiff V. SCOTT R. WRIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2335 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) 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:, ^ Victoria K. Wright, Plainti C7 C. g c= Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VICTORIA K. WRIGHT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-2335 CIVIL ACTION - LAW SCOTT R. WRIGHT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on or about May 19, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 unsworn falsification to authorities. Date: Q 7 /y- cott R. Wright, Defendant ° C? ? c.s- ? ; ; ?" -rat ? ` ? %-> t , ?. y? ;y ,? ? ?? ' ? Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VICTORIA K. WRIGHT, Plaintiff V. SCOTT R. WRIGHT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2335 CIVIL ACTION - LAW : 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: ( Scott R. Wright, Defendant ° C7 G ..? -°' '1 tiSt ? r l ? ?? i 1? ?? G?? J /^ a ? ? r ' -? 't' Y ^ ? !?? [,,... ham{ i,? r ? ' ( 'j? F \F(LES\General\Cunent\!'_034\12034.1 pral Created 9/-10/04 0.06PM Revised. 6/11:07 201P%1 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VICTORIA K. WRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT R. WRIGHT, Defendant NO. 04-2335 CIVIL ACTION - LAW 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) of the Divorce Code. 2. Date and manner of service of the complaint: Via certified mail, restricted delivery on June 12, 2004, Affidavit of Service filed. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; March 31, 2007; by the Defendant; June 7, 2007. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 12, 2007. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 7, 2007. Date: June 12, 2007 MARTSON LAW OFFICES By_ - Jennif L. Spears, Esquire Ten East 14igh Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff , ;.?,? ' ? i?*,a' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. VICTORIA K. WRIGHT, II Plaintiff VERSUS N O. 04-2335 SCOTT R. WRIGHT, Defendant DECREE IN DIVORCE AND NOW, ?i..-•- 2007 , IT IS ORDERED AND DECREED THAT VICTORIA K. WRIGHT PLAINTIFF, AND SCOTT R. WRIGHT ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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. BY THE ATT E Sp: U RT: F'ROTHONOTARY tw-44?? /v7-"rw _?7