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HomeMy WebLinkAbout10-3802 -8 A1J 10: 40 JII 2014 . CJP ;yid 1Y MARY M. HOLUBOWICZ, Plaintiff VS. PAUL J. HOLUBOWICZ, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. /0 CIVIL ACTION - AT 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 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 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 the Cumberland County Courthouse, 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 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 MARY M. HOLUBOWICZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. PAUL J. HOLUBOWICZ, Jr., CIVIL ACTION - AT LAW - IN DIVORCE Defendant DIVORCE COMPLAINT The Plaintiff, Mary M. Holubowicz, through her attorney, Marlin L. Markley, Jr., makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Mary M. Holubowicz, is an adult individual who currently resides at 365 Pleasant View Drive, Lot 44, Etters, York County, Pennsylvania 17319. 2. The Defendant, Paul J. Holubowicz, Jr., is an adult individual who currently resides at 9 Pinetree Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 24, 2000, in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. This action is not collusive. CA ,35?C e" lei) 24133` l WHEREFORE, the Plaintiff, Mary M. Holubowicz, respectfully requests this Honorable Court to enter a decree of divorce in this matter. Respectfully Date: 6, 7 - Z t2 /69 Marlin L. Matrcley, r., Esquire 3920 Market Stre Suite 303 Camp Hill, Pe ylvania 17011 ID# 84745 1. (717) 635-9538 MARY M. HOLUBOWICZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. . No. PAUL J. HOLUBOWICZ, Jr., CIVIL ACTION - AT LAW - IN DIVORCE Defendant NOTICE 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. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 11, 2007, 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. § 4904 relating to unsworn falsification to authorities. Date: 5'a7'7 Mary M. Holt wicz, Plaintiff MARY M. HOLUBOWICZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. PAUL J. HOLUBOWICZ, Jr., CIVIL ACTION - AT LAW - IN DIVORCE Defendant VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: 5 Ar/c> Signature: Mary M. o ubowicz MARY M. HOLUBOWICZ, Plaintiff vs. PAUL J. HOLUBOWICZ, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. ~ ~ ' .~ a 0 ~. CIVIL ACTION - AT LAW - IN DIVORCE n a -ri ~. NOTICE TO RESUME PRIOR SURNAME `~ ~.' . ~.~ o : ~ ~~-, ; ; :, .~~ ~ Notice is hereby given that the Defendant in the above matter, prior to the entr a F~l ~ T` Decree in Divorce, hereb elects to resume the nor surname of Sho e and Ives this `r ' ~' Y P ~ p , g~ w~ten ~tice< avowing her intention pursuant to the provisions of 54 P.S. 704. DATE: ~F~ "~ ~ "` ~ ~ .~n~~ Signature Signature o ame being res ed COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~©'~ SS -o N ;N On the ('~ °~ day of ..~-t NL , 20 w ,before me the Prothonotary or a Notary Public, personally appeared the above affiant known to me to be the persor. whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have herunto set my hand and official seal. COMMONWEALTH,_,OF PENNSYLVA IA tJotatiai Seal Patrida A. Gordon, Notary Public ~, Fairview TwP•. YoAc Cowl My ~ommiasion Expires Juy 31,2013 M , Pennaywania Aaaoaatbn of Nore~ rothonotary or Notary Public ~~C.~uPdl ~~ MR.l~ler clcff ~ a 3 1. M 7 ~ _L r, 20f>~!~!!. -7 ~~ ~~ ud 1 _ ~ E .~, i ~,',r~.t MARY M. HOLUBOWICZ, : 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 10 - 3802 PAUL J. HOLUBOWICZ, Jr., :CIVIL ACTION - AT LAW - IN DIVORCE Defendant AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Jr., Esquire, verify the Complaint in Divorce has been served upon the Defendant indicated above by personal service as indicated by the attached Affidavit of Process Server, pursuant to the requirements of Pa. R.C.P. 1930.4. Respectfully Date: July 7, 2010 ~~, •-' Marlins! 3920 Mai Camp Hi] ID# 8474 1,~rkley, Jr., Esquire t Street, Suite 303 Pennsylvania 17011 Tel. (717) 635-9538 Affidavit of Process Server IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA (NAME OF COURT) MARY M HOLUBOWICZ vs PAUL J HOLUBOWICZ JR 10 3802 PLAINTIFF/PETITIONER DEFENDANT/RESPONDENT CASE NUMBER I RICHARD KREITZER being first duly sworn, depose and say: that f am over the age of 18 years and not a party to this action, and that within the boundaries of the state where service was effected, I was authorized by law to perform said service. service: I served PAUL J HOLUBOWICZ NAME OF PERSON /ENTITY BEING SERVED with (list documents) DIVORCE COMPLAINT,AFFIDAVIT UNDER 3301(d) OF THE DIVORCE CODE by leaving with PAUL J HOLUBOWICZ SELF At NAME RELATIONSHIP ® Residence 9 PINETREE DRIVE MECHANICSBURG PA 17055 ADDRESS CITY/STATE ^ Business ADDRESS CITY/STATE On 6 21 10 T 6:25 PM DATE TIME ^ Inquired if subject was a member of the U.S. Military and was informed they are not. Thereafter copies of the documents were mailed by prepaid, first class mail on DATE from CITY STATE ZIP Manner of Service: ® Personal: By personally delivering copies to the person being served. ^ Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of and explaining the general nature of the papers. ^ Substituted at Business: By leaving, during office hours, copies at the office of the person/entity being served with the person apparently in charge thereof. ^ Posting: By posting copies in a conspicuous manner to the front door of the persoNentity being served. Non-Service: After due search, careful inquiry and diligent attempts at the address(es) listed above, I have been unable to effect process upon the person/entity being served because of the following reason(s): ^ Unknown at Address ^ Moved, left no Forwarding ^ Address Does Not Exist ^ Service Attempts: Service was attempted on: (1 ^ Service Cancelled by Litigant ^ Unable to Serve in Timely Fashion 2 DATE TIME ) DATE TIME (~) (4) DATE TIME DATE TIME (5) DATE TIME Description:. Age50 Sex M RaceW Height 6'0" Weight 0 Hair BR Be rd NO Glasses NO SIGNATURE PROCESS SERVER lh ~ SUBSCRIBED AND SWORN to before me this 2 ~ ~ day of ~~ Tz_ , 20 1~ , by ~~4.~,,.p /~/?.~~-- Proved to me on the basis of satisfactory evidence to be the person(s) w appeared before me. SIGNATURE OF N TARY PUBLIC NOTARY ~~ ~~~ HAR801:D, Notary P~lic Cam FIiN Bono, Can+berlaad Coar+ly Mbf Ceft~feiseian Exams Dec. 30, 2010 Mary M. Holub Plaintiff v Paul J. Holubc Defend 1. Adm 2. Adm 3. Adm 4. Adm 5. Adm 6. Adm 7. Adm 8. Adm IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3802 Jr., :CIVIL ACTION -DIVORCE DEFENDANT'S ANSWER AND NEW MATTER ,.~ ~. n c. ~, - -- ,_~, r ~ ~. ,- _.r, rT 1 ~, ~ -~ fi :., - r ~t~ ~_ r~ - NEW MATTER EQUITABLE DISTRIBUTION 1. 2 Defendant repeats the averments of paragraphs 1-8 which are incorporated by reference erein. Plaintiff an Defendant are jointly liable for a debt in the amount of approximately $2000 pay ble to American General Consumer Discount Center, said debt is subject to equitabl distribution. WHEREFOR ,Defendant requests your Honorable Court to enter a decree equitably dividing the parties' debt. ~ ,ply ~ ~ ~~r 7 ~~~ d~&~i Respectfully submitted, WORLEY ~ WORLEY Date s~ By: Daniel D. Worle ,Esquire ID# 89029 101 E. Philadelphia St. York, PA 17401 Attorney for Defendant VERIFICATION I, Danie knowledge of statements m~ best of my N understand th C.S.A. §4904 the Defendant ~~~ Date D. Worley, Esquire, attorney for the Defendant herein, have sufficient he facts contained in this Answer and New Matter and verify that the ~e in the foregoing Answer and New Matter are true and correct to the ~wledge, based upon information received from the Defendant. I false statements herein made are subject to the penalties of 18 Pa. lating to unsworn falsification to authorities. A verification executed by II be filed of record as soon as it becomes available. ~%~~ Daniel D. Worley, Es ' MARY M. HOLUBOWICZ, : IN THE COURT OF COMMON PLEAS OF plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 10 - 3802 PAUL J. HOLUBOWICZ, Jr., :CIVIL ACTION - AT LAW - IN DIV~CE~ Defendant ~ ~ - I~ i d~ i - ~'`~ ~:: r 1 d OF THE DIVORCI; -CODS COiTNTER-AFFIDAVIT UNDER § 330 O _ ~,;, . ~~_- 1. Check ether (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 (i), (ii), or both: ^ (i) The parties to this action have not lived sepazate and apart for a period of at least two yeazs. ^ (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. I~ (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 delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~ 0~0 0010 Paul J. Ho owicz, 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 ECONONIIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT 2 0 12 AY -3 FM I Mary M. Holubowi% . BEKANO COUNT'(: IN THE COURT OF COMMON PLEAS OF Plaintiff PENINSYLV,+ NIA : CUMBERLAND COUNTY, PENNSYLVANIA V. Paul J. Holubowicz Jr., Defendant NO. 10-3802 CIVIL ACTION - DIVORCE PRAECIPE TO THE PROTHONOTARY: Please withdraw defendant's claim for equitable distribution in the above- captioned matter. S~-Z- /Z By: Respectfully submitted, WORLEY & WORLEY r Date Daniel D. Worley, Esquire ID# 89029 101 E. Philadelphia St. York, PA 17401 Attorney for Defendant MARY M. HOLUBOWICZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10 - 3802 PAUL J. HOLUBOWICZ, Jr., CIVIL ACTION - AT LAW - IN DIVRC Defendant rTl :x r ; MW r :. _ .. -e J PLAINTIFF'S AFFIDAVIT OF CONSENT m• UNDER SECTION 3301(c) OF THE DIVORCE CODE =- 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 8, 2010. 2. The marriage of the Plaintiff and the 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. 4. 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 unworn falsification to authorities. Date: ?'?a-- Signature: MARY M. HOLUBOWICZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10 - 3802 PAUL J. HOLUBOWICZ, Jr., CIVIL ACTION - AT LAW - IN DIVOQF-E Defendant rnm M m >• r PLAINTIFF'S WAIVER OF NOTICE OF INTENTION -<- cra TO REQUEST 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. i 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. 4. 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 unworn falsification to authorities. Date: 5 -?O/D,- Signature: Mary M. Holu 'cz MARY M. HOLUBOWICZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 10 - 3802 PAUL J. HOLUBOWICZ, Jr., CIVIL ACTION - AT LAW - IN DIV(C Defendant cn F7 <j> rv cn ; t?D , DEFENDANT'S AFFIDAVIT OF CONSENT ! ? ? UNDER SECTION 3301(c) OF THE DIVORCE CODE C {f =. I . A complaint in divorce under Section 3301(c) of the Divorce Code was filed on J une 8, 2010. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 4. 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: 3 LSignature: --.) J Paul J. Hol wicz, Jr. MARY M. HOLUBOWICZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 10 - 3 802 PAUL J. HOLUBOWICZ, Jr., CIVIL ACTION - AT LAW - IN DIVORCE Defendant -; DEFENDANT'S WAIVER OF NOTICE OF INTENTIOM;0 -- 1-1r,, ; TO REQUEST ENTRY OF A DIVORCE DECREE -? r-A UNDER SECTION 3301(c) OF THE DIVORCE CODE ; 3 4n 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. 4. 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 unworn falsification to authorities. Date: Signature: A Paul J. H u owicz, Jr. MARY M. HOLUBOWICZ, Plaintiff Vs. PAUL J. HOLUBOWICZ, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 10 - 3802 Civil Term "--' CIVIL ACTION - AT LAW - IN DIC .? cn PRAECIPE TO TRANSMIT RECORD r To the Prothonotary: ?- Transmit the record, together with the following information, to the Court for entry of a divorce decree: I . Ground for Divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Personal service handed to the Defendant on June 21, 2010. The Affidavit of Service was filed with the prothonotary's office on July 7, 2010. (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by the Plaintiff May 18 2012 by the Defendant May 13 2012 (b) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: Date of filing of the Plaintiffs affidavit: Date of service of the Plaintiff s affidavit upon the respondent: 4. Related claims pending: None 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, (b) Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: filed simultaneously w/Praecipe. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: filed simultaneously w/ Praecipe . j subn. tted, kley, Jr., Esquire Street, Suite 303 ennsylvania 17011 Date: May 25, 2012 Tel. (717) 635-9538 ?F C IN : IN THE COURT OF COMMON PLEAS OF MARY M. HOLUBOWICZ CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL J. HOLUBOWICZ NO. 10-3802 CIVIL TERM DIVORCE DECREE AND NOW, it is ordered and decreed that MARY M. HOLUBOWICZ , plaintiff, and PAUL J. HOLUBOWICZ 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, 0J, , -, ?-(, ?, - / /? 6 4 - Attest: J. VIZ) I).. vfia Proth;not i. 6. /; - eell. 90A LP eft .WAYleC/ .0p «j y l /,PO/ V , 0 ? ?, 4, /P&, I /n?- oo;?j