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HomeMy WebLinkAbout01-1918IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI,VANIA CHARMAINE WILSON, Plaintiff V. HOMER D. WILSON, Defendant CIVIL ACTION - LAW, NO. 2001- /~/g ~' IN DWORCE 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 mayrequest marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA~YER 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARMAINE WILSON, Plaintiff HOMER D. WILSON, Defendant CWIL ACT]ION - LAW NO. 2001- IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Charmaine Wilson, by and through her attomeys, Richard L. Webber, Jr., and the Law Office of Michael J. Hanfi, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. Plaintiffis Charmaine Wilson, who currently resides at 137 Noble Avenue, Carlisle, Cumberland County, Pennsylvania 17013, since March 1, 2001. 2. Defendant is Homer D. Wilson, who currently resides at 6280 Carlisle Pike, Lot 507, Mechanicsburg, Cumberland County, Pennsylvania 17055, since December 1979. 3. Plaintiffand Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on December 22, 19'79 in Mechanicsburg Borough, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiffhas been advised of the availability of cotmseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. 8. Plaintiff requests that the Court enter a decree of divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Richard L. Webber, Jr., ~quire Attorney ID No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 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.A. Section 4904 relating to unsworn falsification to authorities. Charmaine Wilson < © IN THE COLrRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARMA1NE WILSON, Plaintiff HOMER D. WILSON, Defendant CIVIL ACTION - LAW NO. 2001-1918 IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND : Terry E. Walker, being duly sworn according to law, deposes and says that she mailed the Complaint in Divorce in this matter by certified mail, return receipt requested, addressee only, to the Defendant, Homer D. Wilson, 6280 Carlisle Pike, Lot 507, Mechanicsburg, PA 17055 on April 4, 2001. The return receipt signed by the Defendant is evidence of service and is attached hereto as Exhibit "A". Sworn to and subscribed before methis I}4~ dayof 2001. Notary Pubi~c Terry E. Walker 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 / erase L. Nye, Notary Public ~So~h M~idle~n TWl~, Cumberland County oer, Penr~s¥1vanJa IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANLA CHARMAINE WILSON, Plaintiff HOMER D. WILSON, Defendant CIVIL ACTION - LAW NO. 2001-1918 IN DIVORCE B. Date of D~tive~ font if space permits. '~, ~ssed to: ~/~. ~,'/,~,~ rn Agent [] No IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARMAINE WILSON, : Plaintiff : CIVIL ACTION - LAW NO. 2001-1918 Civil HOMER D. WILSON, : Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHI'S 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 &marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CI,AIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A'r 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARMAINE WILSON, Plaintiff V. HOMER D. WILSON, Defendant CIVIL ACTION - LAW NO. 2001-1918 Civil IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Charmaine Wilson, by and through her attomeys, Richard L. Webber, Jr., and the Law Office of Michael J. Hanft, and files the following Amended Complaint in Divorce, pursuant to 1920.13(b)(1), and in support thereof avers as follows: COUNT I 1. Plaintiff is Charmaine Wilson, who currently resides at 137 Noble Avenue, Carlisle, Cumberland County, Pennsylvania 17013, since March 1, 2001. 2. Defendant is Homer D. Wilson, who currently resides at 628:0 Carlisle Pike, Lot 507, Mechanicsburg, Cumberland County, Pennsylvania 17055, since December 1979. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on December 22, 1979 in Mechanicsburg Borough, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. There have been no prior actions of divorce or for anntflrnent between the parties. 7. Plaintiffhas been advised of the availability of counseling, and that the Plaintiffmay have the right to request that the Court require the Parties to participate in counseling. 8. Plaintiff requests that the Court enter a decree of divorce. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant, and any other appropriate relief. COUNT 11 GROUNDS FOR DIVORCE UNDER SECTION 3301(a)(6[ OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, so as to render Plaintiff's condition intolerable and life burdensome. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant, and any other appropriate relief. COUNT III REOUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTIONS 3104 AND 3501(a) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date o£ said marriage until the date of their separation. 13. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. Plaintiff and Defendant have been unable to agree as to an equitable distribution of 14. said property. WHEREFORE, Plaintiff respectfully request the Court to equitably distribute the marital property of the parties and equitably apportion their debts pursuant to 3104 and 3501 (a) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Richard L. Webber, Jr., Esquire Attorney ID No. 49634 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 VERIFICATION I verify that the statements made in this Amended Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: ~a2~ ~ Charmaine Wilson CHARMA1NE WILSON, Plaintiff HOMER D. WILSON, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-1918 Civil IN DIVORCE CIVIL ACTION - LAW AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : :SS COUNTY OF CUMBERLAND : Terry E. Walker, being duly sworn according to law, deposes and says that she mailed the Amended Complaint in Divorce in this matter, in the United States Mail, First Class Mail, Postage Prepaid, to the Defendant, Homer D. Wilson on August 22, 2001. Te~ E~. alker Sworn to and subscribed before me this ~27~/v day of ,/]~t'l ~ ]-- 2001. ~ Public 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 C~rlis e Bore, Cumbed~no ~-,cun~Y / INlY Commission Expires Aug. 18,200.3,..[ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARMAINE WILSON, : Plaintiff : ._ V. '- _. HOMER D. WILSON, : Defendant : CIVIL ACTION - LAW NO. 2001-1918 Civil IN DIVORCE 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 SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about August 25, 1996, 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 fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tru.e and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: ~/~z, ~, L9 ~. Charmaine Wilson, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARMAINE WILSON, : Plaintiff : .. V. ; HOMER D. WILSON, : Defendant : CIVIL ACTION - LAW NO. 2001-1918 Civil IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 21, 2001. 2. The marriage of Plaintiff and 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. I verify that thc statements made in this affidavit arc true and correct. I undcrstand that false statements herein arc made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Dated: ~'h'L~ (/ 'V ' r' u~,..--~..~ 'i: ItOMER D. WILSON, Deferl~lmi : IN THE COURT OF COMMON pLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARMAINE WILSON, Plaintiff V. HOMER D. WILSON, Defendant CIVIL ACTION - LAW NO. 2001-1918 Civil IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(e) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entD' ora 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 aider it is filed with the prothonotary. I verify that the statements made in this affidavit are t~ae 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. Dated: HOMER D. WILSON, Defendant CHARMAINE WILSON, Plaintiff VS. HOMER D. WILSON, Defendant : IN THE COURT Of COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL TI::RM - LAW : NO. 01-1918 ClVIL TERM : : DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on August 21, 2001. 2. The marriage of plaintiff and 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 in 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 to the best of my knowledge, information and belief. I understend that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904. relating to unsworn falsification to authorities. Charmaine Wilson, Plaintiff Date: CHARMAINE WILSON, Plaintiff VS. HOMER D. WILSON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL TERM - LAW : NO. 01.-1918 CIVIL TERM : DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODF 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. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904. relating to unsworn falsification to authorities. Charmaine Wilson, Plaintiff Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHARMAINE WILSON, : Plaintiff : : V. : _. HOMER D. WILSON, : Defendant : CIVIL ACTION - LAW NO. 2001-1918 CIVIL 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: April 4, 2001, by mailing postage paid, certified mail, addressee only, and return receipt requested at Mechanicsburg, Pennsylvania. 3. Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff, June 14, 2002; by Defendant April 27, 2002. 4. Related claims pending: None 5. Date Plaintiff's Waiver in § 3301(c) Divorce was filed w~th the prothonotary: June 14, 2002. Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: May 3, 2002. WEIGLE & ASSOCIATES, P.C. Webber, Jr.}'Esquire · Attorney for Plaintiff ~ Attorney ID #49634 126 East King Street Shippensbm:g, PA 17257 Telephone (717)532-7388 iN ThE COURT OF COMMON PLEAS STATE OF CI~INE ~ILSON OF CUMBERLAND COUNTY ~.~, ,, PENNA. ~.AT~I~F VERSUS HOME~ D. WILSON DEFENDANT N O. 2001-1918 CIVIL LAW DECREE iN DIVORCE AND NOW, DECREED THAT AND ~dAI~fAINE WILSON HOlq~ D. '~ELSON 2OO2 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLIOWINg CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH a F~NAL ORDER HAS NOT YEt BEEN ENTERED; NO~