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HomeMy WebLinkAbout01-1054ROBERT A. WISNIEWSKI, Plaintiff, V. MELISSA J. WISNIEWSKI, Defendant. : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OI- /O..q"y Cl-,o' CIVIL ACTION--LAW IN DIVORCE NOTICE TO CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend aga'mst 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 child. 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, 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 LAWYER REFERRAL SERVICES Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ROBERT A. WISNIEWSKI, Vo MELISSA J. WISNIEWSKI, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION--LAW IN DIVORCE AVISO USTED HA SIDO DEMANDADO A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicano en la Corte por escrito sus defensas de, y objeeciunes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar aecion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o caulquier otra reelamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importances para used. SED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME O VAYA A LA SIGUIENTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICES Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 ROBERT A. WISNIEWSKI, Plaintiff, V. MELISSA J. WISNIEWSKI, Defendant. : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Ol-la. 9 U_dd CIVIL ACTION--LAW 1N DIVORCE COMPLAINT UNDER SECTION 3301 (C) OF THE DIVORCE CODE COUNT I 1. Plaintiffis ROBERT A. WISNIEWSKI, who currently resides at 1113 Apple Drive, AparIment 12, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is MELISSA J. WISNIEWSKI, who currently resides at 654 Fox Tree Circle, Burlington, Wisconsin. 3. Plaintiffhas been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 27, 1995 in Waukegan, Illinois. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. allies. Neither Party is a member of the Armed Forces of the United States or any of its 8. The Plaintiffhas been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiffrespecffully requests that your Honorable Court enter a Decree in Divorce under Section 3301 (c) of the Divorce Code. Date: Respectfully submitted, ROBINSON & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. #27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff 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. Section 4904, relating to unsworn falsification to authorities. / Robert A. Wisniewski, Plaintiff CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 22nd day of February, 2001, I caused a true and correct copy of the Complaint to be served upon the following individual by certified mail return receipt requested, restricted delivery to addressee only by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Melissa J. Wisniewski 654 Fox Tree Circle Burlington, WI 53105 Respectfully submitted, ROBINSON & GERALDO Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Plaintiff ROBERT A. WISNIEWSKI, Plaintiff, V. MELISSA J. WISNIEWSK1, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1054 CIVIL TERM CIVIL ACTION--LAW IN DWORCE NOTICE TO 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 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, 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 LAWYER REFERRAL SERVICE Two Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ROBERT A. WISNIEWSKI, Vb MELISSA J. WISNIEWSKI, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 01-1054 CWIL TERM CIVIL ACTION--LAW IN DWORCE AMENDED COMPLAINT IN DIVORCE COUNT-1-DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiffis ROBERT A. W1SNIEWSKI, who currently resides at 1111 Apple Drive, Apartment 1, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is MELISSA J. WISNIEWSKI, who currently resides at 654 Fox Tree Circle, Burlington, Wisconsin. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on May 27, 1995 in Waukegan, Illinois. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. allies. Neither Party is a member of the Armed Forces of the United States or any of its 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the off,er by Order of Court to attend counseling sessions. WHEREFORE, Plaintiffrespectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) of the Divorce Code. COUNT H - DIVORCE UNDER SECTION 3301(D) OF THE DIVORCE CODE 9. Plaintiff incorporates paragraphs I through 8 of the Complaint in Divorce as fully set forth herein. 10. Plaintiff and Defendant have been separated and residing separated and apart with no cohabitation for a period of at least two (2) years. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce under Section 3301(d) of the Divorce Code. Respectfully submitted, By: Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Amended Complaint in Divorce 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 unsworn falsification to authorities. Robert Wisniewski, Plaintiff CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the ~ I~ay of June, 2001, I caused a true and correct copy of the Amended Complaint to be served upon the following individual by certified mail restricted delivery to addressee only by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Melissa J. Wisneiwski 654 Fox Tree Circle Burlington, WI 53105 Respectfully submitted, ROBINSON & GERALDO Attorney I.D. No, 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 Attorney for Plaintiff ROBERT W1SNIEWSKI, Plaintiff, MELISSA J. WISNIEWSKI, Defendant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-1054 CWIL TERM CIVL ACTION - LAW IN CUSTODY PROOF OF SERVICE The undersigned makes the following remm of service: the Civil Complaint was served upon Melissa J. Wisniewski, the Defendant, on February 24, 2001 at 654 Fox Tree Circle, Burlington, Wisconsin. The signed acceptance of service is attached hereto as Exhibit 1. SIGNATURE AND AFFIDAVIT I, Gerald S. Robinson, Esquire, certify that I am a competent adult not a party to this action. I verify that the statements made in this affidavit and return of senrice are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsfication to authorities. Respectfully submitted, Dated: ROBINSON & GERALDO By ~ Gerald S. Robinson, t~squi c Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name~and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: A. Received by (Please Pdnt C~ar/y) B. Date of ~ " [] Agent D. Is delive~a~'~r~s~ c~fTare~t from item l ? [] Yes If YES, enter detivefy address below: [] No 3. S~rvic~ Typ~ [] Insured Mail [] Express Mail "~Return Receipt for Merchandiae [] C.O.D. 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595 99-M-1789 Z:~ ROBERT WISNIEWSKI, Plaintiff, MELISSA J. WISNIEWSKI, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 01-1054 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under 3301 (c)of the Divorce code was filed on February 22, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 unswom falsification to authorities. Date: ~'-~- ~0-('~)\ Robert W~sniewski, Plaintitt ROBERT WISNIEWSKI, Plaintiff, MELISSA J. WISNIEWSKI, Defendant. : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-1054 Civil Term : : CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301 (c)ofthe Divorce code was filed on February22,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed fi.om the date of filing 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 tmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: ~-'/- ~-(~\ ~.obert W~sniews~ci, Plainti/t' ROBERT WISNIEWSKI, Plaintiff MELISSA J. WISNIEWSKI, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA: No. 01 - 1054 Civil Term 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 1 may lose fights concerning alimony, division of property, lawyer's fees or expenses ifl 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. §4904 relating to unswom falsification to authorities. Date: ~/--~ -O\ Robert isniewski, Plaintiff ROBERT WISNIEWSKI, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 01-1054 Civil Term MELISSA J. W1SNIEWSK1, Defendant. CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 3301 (c)of the Divorce code was filed on February 22, 2001. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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 tmderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: r~- ,,gff~ '(~t Melissa J. Wisneiwski, Defendant ROBERT WISNIEWSKI, Plaintiff MELISSA J. WISNIEWSKI, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA: : : No.01-1054 CivilTerm : 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 fights 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 divome 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. §4904 relating to unsworn falsification to authorities. Melissa J. Wisniewski, Defendant ROBERT WISNIEWSKI, Plaintiff, MELISSA J. WISNIEWSKI, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01-1054 Civil Term : CiVIL ACTION--LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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: Certified Mail, Restricted Delivery, Return Receipt Requested on or about February 24, 2001. 3. Date of execution of the affidavit required by section 3301 (c) of the Divorce Code: by Plaintiffon July 30, 2001 and by Defendant on July 30, 2001. 4. Related claims pending. The economic claims have been settled by agreement. 5. Date the Plaintiffs Waiver of Notice in section 3301 (c) of the Divorce was filed with the Prothonotary: is approximately July 30, 2001. 6. Date the Defendant's Waiver of Notice in section 3301 (c) of the Divorce was filed with the Prothonotary: approximately July 30, 2001. Respectfully submitted, ROBINSON & GERALDO Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110 (717) 232-8525 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF ~ PENNA. ...... !{0B~RT ..WI 8N. IE~SKI.~ ........................... Verstls .... MEL!SSA. J. ~ISNIEWSK! ....... DECREE IN DIVORCE AND NOW, ...¢~..~. ....... ~...__ I .... , it is orclered and decreed that .....~.9.~??.?..Kz.s?..A~s..~.~ ......................... plaintiff, and H~LZ~$A.~...WI~NIE~KI ................................. 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; e C Att~ Protho