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HomeMy WebLinkAbout10-3748FILE}-iw~r~EC 20(D J(~'~(-7 kM (0~ ~3 ~t,~'+l i VJ~i.~t~F`~~'~i~ McNEES WALLACE ~ NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 P~• ~ ~ 3G~G< Ln Harrisburg, PA 17108-1166 3~ SG _ (717) 237-5297 ~ . sd (717) 260-1667 facsimile dcantor[a~mwn.com ~ ~/7G-~ ,~~ (~ith~iy Attorneys for Plaintiff ~C,ft >glzy~ ~~ ay3 ay5 WENDI E. MERRITTS, Plaintiff v. THOMAS W. MERRITTS , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1b - 37t,1 b Cl~~~ ~ CIVIL ACTION -LAW 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 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 at the Cumberland County Courthouse, Carlisle, PA. 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 McNEES WALLACE & NURICK LLC By . Ca for I.D. 78 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 (facsimile) dcantorCc'~mwn.com Attorneys for Plaintiff, Wendi E. Merritts Dated: ~~L 7 , 2010 McNEES WALLACE 8~ NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 260-1667 facsimile dcantor _mwn.com Attorneys for Plaintiff WENDI E. MERRITTS, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. THOMAS W. MERRITTS :CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT AND NOW comes Plaintiff, Wendi E. Merritts, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in Divorce. COUNTI Divorce Under 3301(cl or 3301(dl of the Divorce Code 1. Plaintiff is Wendi E. Merritts, who currently resides at 2008 Braeburn Drive Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Thomas W. Merritts, who currently resides at 2141 Arcona Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 24, 1998 in Middletown, Dauphin County, Pennsylvania. 5. Plaintiff and Defendant are the parents of two minor children, Cory L. Merritts, born on June 4, 2000, and Lindsey M. Merritts, born on June 26, 2002. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 9. After 90 days have elapsed from the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 10. In the alternative, Plaintiff will file a 3301 (d) Affidavit and provide the appropriate notices two years from the date of separation. WHEREFORE, Plaintiff, Wendi E. Merritts, respectfully requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. 2 COUNT II Indignities Under 3301(a)16) of the Divorce Code 11. Plaintiff incorporates by reference paragraphs I through 10 of this Complaint. 12. Defendant has offered such indignities to Plaintiff (who is the innocent and injured spouse) as to render Plaintiffs condition intolerable and life burdensome and to create an unsafe environment for the parties' minor children. 13. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff, Wendi E. Merritts, respectfully requests the Court to enter a decree of divorce pursuant to Section 3301(a)(6) of the Divorce Code. COUNT III Eguitable Distribution 14. Plaintiff incorporates by reference paragraphs I through 13 of this Complaint. 15. Plaintiff and Defendant possess various items of personal marital property, as well as marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff, Wendi E. Merritts, requests the Court to equitably distribute all property, both real and personal, owned by the parties, as well as all marital debts. COUNT IV Alimony 16. Plaintiff incorporates by reference paragraphs I through 15 of this Complaint. 17. Plaintiff requests the Court to determine and to allow her alimony pursuant to Section 3701 of the Divorce Code. 3 WHEREFORE, Plaintiff, Wendi E. Merritts, requests the Court to enter an Order providing alimony for Plaintiff. COUNT V Alimony Pendente Lite. Support Counsel Fees And Expenses 18. Plaintiff incorporates by reference paragraphs I through 18 of this Complaint. 19. Plaintiff lacks sufficient funds to support herself and to meet the costs and expenses of this divorce action, including the necessary attorneys' fees, and is unable to appropriately maintain herself during this action. 20. Plaintiff requests the Court to award her the payment of counsel fees, and costs and expenses incurred by her in this action, such costs to be paid by Defendant. 21. Defendant has adequate earnings to provide for Plaintiffs support and maintenance and Plaintiff requests the Court to award her payment of alimony pendente lite. 4 WHEREFORE, Plaintiff, Wendi E. Merritts, requests the Court to award alimony pendente lite, support, counsel fees, costs and expenses to Plaintiff. McNEES WALLACE & NURICK LLC By D o Att rn No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (phone) (717) 260-1667 (fax) dcantorCv~mwn.com Attorneys for Plaintiff, Wendi E. Merritts Dated: ~~u 7 2010 5 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. r Wendi E. Merritts Dated: M , 2010 FILED-OFFICE OF THE PROTHONOTARY 2010 ROV 23 PM 1 s 57 CUMBERLAND COUNTY PENNSYLVANIA WENDI E. MERRITTS, Plaintiff V. THOMAS W. MERRITTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3748 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint in the above matter on behalf of Defendant, Thomas W. Merritts. James A. Miller,,E"squire Dated: June 15, 2010 FILED-OFFICE U THE PR0TH0N0 , F 1 ?010 DEC 10 AM ID: 10- CUMBERLAND COUN-F'' WENDI E. MERRITTS, PENNSYL)A. H;A IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS W. MERRITTS, Defendant NO. 10-3748 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 7, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. Section 4904 relating to unsworn falsification to authorities. WgA'? endi E. Merritts Date:'?(A I + p ILE[3-OFFICE k " THE PROTHONOT?,6; ? O DEC 10 AM 10: 17 CUMBERLAND OOUr? y WENDI E. MERRMWYLVAMA Plaintiff V. THOMAS W. MERRITTS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3748 CIVIL CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 unsworn falsification to authorities. I ? ) Q,'I r , wAt&, endi E. Merritts Date: 4 1ID 2010 DEC 10 AM 10: 17 OUMBERLA D COO III l THE COURT OF COMMON PLEAS OF WENDI E. MERRITTPlain f NSYLVANIA: CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS W. MERRITTS, Defendant NO. 10-3748 CIVIL CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 7, 2010. 2. The marriage of the Plaintiff and Defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. Section 4904 relating to unsworn falsification to authorities. Thomas W. Merritts Date: FILED-OFFICE ' : THE PROTHONOTARY 2010 DEC 10 AM 10: 1 rUMBERLAND COUNT" PENNSYLVANIA WENDI E. MERRITTS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 10-3748 CIVIL THOMAS W. MERRITTS, CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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 unsworn falsification to authorities. Thomas W. Merritts Date: McNEES WALLACE & NURICK LLC BY: Debra Denison Cantor Attorney I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile dcanto r -mwn.com WENDI E. MERRITTS, Plaintiff V. THOMAS W. MERRITTS, Defendant FILED-OFFICIE 2010 DEC 10 AM 10: t ry CUMBERLAIND iX`L;J# `' PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3748 CIVIL 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. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: certified mail return receipt requested upon Defendant with an Acceptance of Service form, mailed on June 7, 2010. On November 17, 2010, an Acceptance of Service form was sent to Defendant's Counsel. An Affidavit of Service was filed on November 23, 2010. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: December 9, 2010; by Defendant: December 6, 2010. Both Affidavits are being filed contemporaneously with this Praecipe. 4. Related claims pending: N/A 6. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. Date Defendant's Waiver of Notice was filed with the Prothonotary: contemporaneously with this Praecipe. MCNEES WALLACE & NURICK LLC By e ntor I.D. No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff, Wendi E. Merritts Date: December 9, 2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing Praecipe to Transmit was served by first-class mail upon the following: James A Miller Esquire Miller Lipsitt LLC 765 Poplar Church Road Camp Hill PA 17011 At Pla t Dated: December 9, 2010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Wendi E. Merritts V. Thomas W. Merritts NO. 10-3748 DIVORCE DECREE AND NOW, gCl A/ WO" , it is ordered and decreed that Wendi E. Merritts , plaintiff, and Thomas W. Merritts , 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: J. rothonotary av?v( t) /3cce