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HomeMy WebLinkAbout01-0651IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TI~ACY L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant NO. 01- ~1 IN DIVORCE Civil Term NOTICE TO DEFEND AND CLAIM RIGHTS YOUHA VE 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 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, 1 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forrna escrita sus defensas o sus objeciones a las demandas en contra suya. Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland Cotmty 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 or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (7 l 7) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant NO. 01- ~ Civil Term IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3501(c) OF THE DIVORCE CODE AND NOW comes TRACY L. McMICHAEL by and through her attorney, Maryann Murphy, Esquire, of MidPenn Legal Services, and respectfully avers as follows: 1. Plaintiff is TRACY L. McMICRAEL who resides at 144 West Orange Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is WILLIAM C. McMICHAEL who resides at 225 Minnic Road, Chambersburg, 3. Plaintiff has Commonwealth for at least filing of this Complaint. Franklin County, Pennsylvania. been a bona fide resident in the six months immediately previous to the in McKean County, Pennsylvania. 5. There have been no prior annulment between the parties. Plaintiff and Defendant were married on February 15, 1986 actions for divorce or for 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 9. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 10. averments 11. Plaintiff hereby incorporates by reference all of the contained in Count I of this Complaint. Plaintiff and Defendant are the owners of motor vehicles and other personal property acquired during the marriage which is subject to equitable distribution by this Court. 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. 13. Plaintiff requests this Court to equitably distribute the parties' marital property. Court WHEREFORE, Plaintiff respectfully requests this Honorable to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; and c. for such further relief as the Court may determine to be equitable and just. Respectfully submitted, urphy MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D.#61900 Attorney for Plaintiff AFFIDAVIT I, TRACY L. McMICHAEL, verify that the statements made in this Complaint in Divorce 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 falsification to authorities. Date: /-- /~-O f ~/ '/~f/~/~// TRACY L. McMICHAEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TI~AC¥ L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant : NO. 01- : IN DIVORCE Civil Term CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the __ day of , 2001, a true and correct copy of the Complaint in Divorce was served upon the Defendant by placing a copy of same in the United States Mail, first class, postage prepaid, certified/restricted delivery, addressed as follows: William C. McMichael 225 Minnic Road Chambersburg, PA 17201 Respectfully submitted: 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D.#61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant :NO. 01- b,$-I : : IN DIVORCE : : Civil Term PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, TRACY L. McMICHAEL, Plaintiff, to proceed in forma pauperis. I, Maryann Murphy, Esquire, of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Maryann I~urphy, Esquire MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff Salary or wages per month: N/A Type of work: N/A Contributions from children: -0- (e) Property owned Cash: -0- Checking Account: -0- Savings Account: -0- Certificates of Deposit: -0- Real Estate (including home): N/A Motor vehicle: Make Chrysler 5m Avenue Cost Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: Loans: Monthly Expenses: $500.00 Amount owed -0- $475.00 approximately $1000.00 Year -0~ 1988 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: Jesse Age: 14 Name: Aaron Age: 11 Name: Emily Age: 4 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumst~vces which would permit me to pay the costs ir, cu,-ted herein. 5. I verify that the statements made in this affidavit are tree 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: TRAC,~ L. McMICHAEL 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant No. 2001-651 IN DIVORCE Civil Term PRAECIPE TO REINSTATE ACTION To the Prothonotary: Please reinstate the above action in Divorce. Respectfully submitted: MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant : No. 2001-651 Civil Term .. _. : IN DIVORCE .. AFFIDAVIT OF SERVICE I, Maryarm Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on February 2, 2001, I sent a true and correct copy of the Complaint In Divorce under Section 3301 (c) of the Divorce Code to the Defendant, William C. McMichael, by first class U.S. mail, postage pre-paid to the following address: William C. McMichael 225 Minnic Road Chambersburg, PA 17201 3. That on February 3, 2001, the Defendant personally accepted service of this Complaint in Divome as evidenced by his signature on the attached Acceptance of Service. Respectfully submitted: MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, = Plaintiff = 01-bSI WILLIAM C. McMICHAEL, = Defendant = IN DIVORCE Civil Term ACCEPTANCE OF SERVICE case, do hereby depose and say that I accepted service of a true and correct Divorce on the date written below. WILLIAM C. McMICHAEL, the Defendant in the above-captioned personally received and copy of the Complaint in the penalties of 18 Pa.C.S. falsification to authorities. I understand that false statements herein are made subject to Section 4904, relating to unsworn C. McMICHAEL ~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW TRACY L. MeMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant : No. 2001-651 _. .. : IN DIVORCE .. Civil Term 31,2001. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January The marriage of Plaintiffand Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora 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. Section 4904 relating to unswom falsification to authorities. .. Date TRA'~C~L.'McMi~H~E~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, : Plaintiff : : No. 2001-651 V. WILLIAM C. McMICHAEL, : IN DIVORCE Defendant : Civil Term WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 ifI 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 Affidavit 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 unswom falsification to authorities. Date IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff WILLIAM C. McMICHAEL, Defendant : No. 2001-651 _. : IN DIVORCE Civil Term 31,2001. 2. AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on January The marriage of Plaintiffand Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree ofdivoree 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. Section 4904 relating to unsworn falsification to authorities. . ~LLIAM C. MeMICHAEL ~/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff WILLIAM C. MeMICHAEL, Defendant : No. 2001-651 : _. : IN DIVORCE _. Civil Term WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. C. McMICHAEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, Plaintiff ¥. WILLIAM C. McMICHAEL, Defendant NO. 2001- 6~;1 IN DIVORCE Civil Term PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court i'or entr~of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c~ of the Divorce Crude. 2. Date and Manner of service of the Complaint: Sent to Defendant on February 2, 2001 by U.S. first class mail, postage pre-paid. Personal service accepted by Defendant on February 3, 2001. 31 Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, June 19, 2001; by Defendant, June 21, 2001. (b)(1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit upon Defendant: N/A. 4. Related claims pending: There are no outstanding claims. 5. Complete either paragraph (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: N/A. (b) Date Plaimiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 23, 2001. (c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 23~ 2001. Plaintiff's Social Security Number: 178-62-4232 Defendant's Social Security Number: 199-50-3623 Ph'~anti, ~ MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACY L. McMICHAEL, : Plaintiff : : No. 2001-651 V. _. WILLIAM C. MeMICHAEL, : IN DIVORCE Defendant : Civil Term To the Prothonotary: PRAECIPE TO WITHDRAW COUNTS Please withdraw Count II (Claim for Equitable Distribution) in the above action in Divorce. Respectfully submitted: 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF PENNA. TRACY L. McMICHAEL, Plaintiff N o. 2001-651 Civil Term VERSUS WILLIAM C. McMICHAEL, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT AND TRACY L. McMICHAEL WILLIAM C. McMICHAEL 2001 , IT IS ORDERED AND ,PLAINTIFF, ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; ~U~ All claims have been resolved. :~OTHO NOTARY