Loading...
HomeMy WebLinkAbout10-15020 HAROLD S. IRWIN, 111, ESQUIRE ATTORNEY ID NO. 29920 64 SOUTH PITT STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF SARA M. ALEXANDER, Plaintiff v. MICHAEL J. ALEXANDER, CIVIL TERM t THE pM RRY 2010MAR -4 AM 10:44 1_'! IONTY p? r1NS?IV? ,'T? : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010 - l 0'?' Defendant : IN DIVORCE NOTICE 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 in 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 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, Pennsylvania 17013 717-249-3166 4 ss-?" 0 d " 11 y 1 S ?0 Lu sy ov,; 3 &kA I???7 Xt? 3Y3SS' SARA M. ALEXANDER, Plaintiff v. MICHAEL J. ALEXANDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010 - CIVIL TERM IN CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is SARA M. ALEXANDER, an adult individual residing at 290 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is MICHAEL J. ALEXANDER, an adult individual residing at 7 Pine Road, Apartment 302, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on March 8, 2008, in Carlisle, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. March 1, 2010 HAROLD S. IRWIN, Il Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 SARA M. ALEXANDER, Plaintiff V. MICHAEL J. ALEXANDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010 - Pfd )- CIVIL TERM : IN CUSTODY PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. March 1, 2010 S M. AL N ER, Plaintiff SARA M. ALEXANDER, Plaintiff V. MICHAEL J. ALEXANDER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2010 - : IN CUSTODY COMPLAINT FOR CUSTODY CIVIL TERM °?.. tea ° Z r 49- NOW comes the plaintiff, SARA M. ALEXANDER, by her attorney, Harold S. Irwin, III, Esquire, and presents the following complaint for custody, representing as follows: 1. The plaintiff is SARA M. ALEXANDER, an adult individual residing at 290 Bonnybrook Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The defendant is MICHAEL J. ALEXANDER, an adult individual residing at 7 Pine Road, Apartment 302, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 3. The parties are the natural parents of on minor child, namely, ELIJAH J. ALEXANDER (born February 21, 2009). r? 4. The child was born during the marriage of the parties and resided with both parties from his birth until the parties' separation on March 27, 2009. Since then the child has resided primarily with the plaintiff and the child's maternal grandparents. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 6. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 11 7. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 8. The best interests and permanent welfare of the child require that the parties have joint legal custody of the child, but that plaintiff have primary physical custody and that defendant have partial physical custody of the child on a schedule as can be determined at a conciliation conference. WHEREFORE, the plaintiffs request that the court enter an order providing for the legal and physical custody of the child as aforesaid. March 1, 2010 HAROLD S. IRWIN, III Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013-3220 (717) 243-6090 Supreme Court I.D. No. 29920 VERIFICATION I do hereby verify that the facts set forth in this petition 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. March 1, 2010 J SARA M. ALEXANDER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. MICHAEL J. ALEXANDER 2010-1502 CIVIL ACTION LAW IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, _ Tuesday, March 09, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, April 16, 2010 at 1:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the Issues in dispute; or il'this cannot he accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entrv of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ ohn . Mangan, r. ES O. Custody Conciliator 14-- The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE .AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 2010 LIAR 12 Al i I I : 3 7 SARA M. ALEXANDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW NO. 2010-1502 CIVIL TERM MICHAEL J. ALEXANDER, Defendant IN DIVORCE PRAECIPE --? M-n TO THE PROTHONOTARY: zx cn a CD C) Please reinstate the Divorce Complaint filed in the above captioned matter xa. . *• co • • j rr; .? r-n W Respectfully Submitted, DATE: J? ( d ffie, Esquire 4orPlaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 afk? M) 00'tj?) aW-j SARA M. ALEXANDER, IN THE COURT OF COMMON PLEAS OF - ` Plaintiff , ?- CUMBERLAND COUNTY, PENN,!kVfi&NI vs. rnco CIVIL ACTION - LAW ..w m NO. 2010-1502 CIVIL TERM ar C) MICHAEL J. ALEXANDER Defendant IN DIVORCE --ate =CD co PRAECIPE c-n TO THE PROTHONOTARY: WITHDRAWAL OF APPEARANCE Please withdraw my appearance on behalf of the Plaintiff in the above-captioned matter. y submitted, Date: l Z? l y Harold S. Irwin, III, Es ire 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff in the above-captioned matter. Respectfully submitted, Date: II ) 0 Griffi , Esquire IE & A OCIATES 200 North Ha over Street Carlisle, PA 17013 (717) 243-5551 SARA M. ALEXANDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -LAW MICHAEL J. ALEXANDER, C, NO. 2010-1502 CIVIL TERM ? cz) -n Defendant : IN DIVORCE rnw _-n zrn rn-- r CA PRAECIPE ." U, r n n° r- 4:7 TO' THE PROTHONOTARY: = ? C) aC: W CD Please reinstate the Divorce Complaint filed in the above captioned matter. Respectfully submitted, DATE: 1 It-lot Al;&, ???7 y K. Griffie, Esquire Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 SARA M. ALEXANDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW .: = --, NO. 2010-1502 CIVIL TERM 7n MICHAEL J. ALEXANDER, IN DIVORCE Defendant 53 C _a AFFIDAVIT OF SERVICE I confirm that I did this 264-A day of 2011, hand deliver a certified copy of a Complaint in Divorce, to the above named Defendant, Michael J. Alexander, at the following address: i (Co stable) J Sworn and subscribed to before m this .old 1 0 L*L SEA day of YuR-r ,.2011. KELLY L PEREZ Notary Pubft CARLNLE WROUGN, CUYML;n:] MW Can?NNpEupNN do rv,P blic SARA M. ALEXANDER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2010-1502 CIVIL TERM MICHAEL J. ALEXANDER, , -- ?? Defendant IN DIVORCE rn NOTICE ` If you wish to deny any of t he statements set forth in the attached affidavit, m5st ft" a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER &3301(d) OF THE DIVORCE CODE 1. The parties to this action separated since March 31, 2009 and have continued to live separate and apart since that time. 2. The marriage is irretrievable 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 the foregoing document are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE:-L Q ( i SARA M. ALEXANDER, IN THE COURT OF COMMON PLEAS OF c o - Plaintiff CUMBERLAND COUNTY, PENNSYLVAQ& s rnm CC5 r" VS. : CIVIL ACTION - LAW Qci = NO. 2010-1502 CIVIL TERM --co ? MICHAEL J. ALEXANDER, zc:> s- Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Bradley L. Griffie, Esquire, counsel of record for Plaintiff, state that a Notice, Affidavit Under Section 3301(d) of the Divorce Code and Counter-Affidavit Under 3301(d) of the Divorce Code was sent to Defendant, Michael J. Alexander, at his address of 59 Beagle Club Road, Carlisle, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on June 17, 2011. Wtfo r7ai Esquire r tiff GRI FFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this J,`766 day of , 2011 5 NOTARY P BLIC NOTARIAL SEAL ROBIN J. BASSETT, Notwy Pubk CARLISLE BOROUGH, CUMBERLAND CO. t"i%mm"inn Cvnkae Anr 17 WIR CF'I'TIFIEC riJ? `rc ?1 ea Cc n 7 rq postage O O M Certified Fee M Return Receipt Fee t _a (Endorsemen cO ResMcted Delivery Fee M (Endorsement Required) f1J Total Postage A Fees O Sent To ; t? • PRO L a it Y®, MYrr y addles wimMr 13 Iro fllw O 4" p tea iti4.?prfor 2. AMU* X dummiew . 7002 0860 0001 5848 87 Ps SARA M. ALEXANDER, Plaintiff VS. MICHAEL J. ALEXANDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-1502 CIVIL TERM IN DIVORCE NOTICE TO REQUEST THE ENTRY OF §3301(d) DIVORCE DECREE TO: Michael J. Alexander 59 Beagle Club Road Carlisle, PA 17015 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the §3301(d) affidavit. Therefore, on or after August 15, 2011, the other party can request the court to enter a final Decree in Divorce. If yoia do not file with the Prothonotary of the court an Answer with your signature notarized or verified or a counter affidavit by the above date, the court can enter a final decree in divorce. A counter affidavit which you may file the Prothonotary of the court is attached to this Notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter affidavit alone does not protect your economic claims. 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, Pennsylvania 17013 (717) 249-3166 I I SARA M. ALEXANDER, Plaintiff VS. MICHAEL J. ALEXANDER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2010-1502 CIVIL TERM : IN DIVORCE COUNTER AFFIDAVIT UNDER $3301(d) OF THE DIVORCE CODE 1. Check 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 either (i), (ii), or both) _ (i) The parties to the action have not lived separate an apart for a period of at least two (2) years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (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 the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsifications to authorities. DATE: MICHAEL J. ALEXANDER, Defendant 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. SARA M. ALEXANDER, Plaintiff vs. MICHAEL J. ALEXANDER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSY aA A CIVIL ACTION - LAW ter` `= z7 G? 6 ? _ NO. 2010-1502 CIVIL TERM w7 1 .? 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 §33 01(e) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Complaint, reinstated on January 25, 2011, was served upon Defendant on February 20, 2011, as indicated in Affidavit of Service of Constable filed February 24, 2011. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff: by Defendant: (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: June 10, 2011 (2) Date of filing and service of the plaintiffs affidavit upon the respondent: June 17, 2011, Defendant was served via certified mail, as indicated by Affidavit of Service filed July 8, 2011. 4. Related claims pending: None 5. 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: July 14, 2011, via first-class U.S. mail, adequate postage attached to 59 Beagle Club Road, Carlisle, PA, 17015. (b) Date of plaintiffs Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Attorn r' ie, Esquire y for laintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 Supreme Court ID# 34349 Sara M. Alexander V. Michael J. Alexander IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2010 - 1502 - Civil Term DIVORCE DECREE AND NOW, _ Ijg it is ordered and decreed that Sara M. Alexander plaintiff, and Michael J. Alexander , 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, Attest: i g.)11,11. &// e4ll Yah a 4 eoPl ? A!Zroc.