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HomeMy WebLinkAbout02-0060IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, Plaintiff VS. BRIAN D. WILLIAMS, Defendant 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 by the Court. A judgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds 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 Court House, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERI,AND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, NO. Plaintiff VS. : : CIVIL ACTION - LAW BRIAN D. WILLIAMS, Defendant : IN DI¥ORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe romar action con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Cone. Una decision puede tambien set emitida en su contra por cualquier otra queja o compensacion reclamados pot el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAM1ENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 1701:t Telefano: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, Plaintiff VS. BRIAN D. WILLIAMS, Defendant NO. OS-Q0 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this a~day of ~Ze~e.~J~ed"-' ,2001, comes the Plaintiff, Christina M Williams, by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Christina M. Williams, is an adult individual who currently resides at 99 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 2. The Defendant, Brian D. V, rdliams, is an adult individual who currently resides at Chambers Ridge Apartments, 5086 Lilac Lane, Apartment 201, Harrisburg, Dauphin County, Pennsylvania, 17111. 3. The Plaintiff and Defendant were married on or about May 12, 1997, and separated on or about September 17, 2001. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. COUNT I - CUSTODY 9. The foregoing paragraphs of this Complaint are hereby incorporated herein by reference as though set forth in full. 10. Plaintiff and Defendant are parents of the following unemancipated children: Samantha Williams, a daughter, age 2 years, and Madison Williams, a daughter, age four months. Both children reside with the Plaintiff at 99 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 11. In the past five years, the parties' children have resided with the parties as follows: from birth until May of 2001 at 124 West Portland Street, Apartment 33, Mechanicsburg, Cumberland County, Pennsylvania, 17055; and since May of 2001 at 99 West Vine Street, Shiremanstown, Cumberland County, Pennsylvania, 17011. 12. Plaintiff has not participated as a party, witness or in any other capacity in any other litigation concerning the custody of the same children in this or any other state. 13. Plaintiff has no info~mation of. any custody proceeding concerning the children pending in this or any other State. 14. Plaintiff does not know o£ any person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest of the children would be served by granting requested relief. WItEREFORE, Plaintiff prays this Honorable Court to grant custody rights to Plaintiff. Respectfully submitted, fG.-Patrick O Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, Plaintiff VS. BRIAN D. WILLIAMS, Defendant NO. CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF MARRIAGE COUNSEI JNG Christina M. Williams, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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: -Cllristina M. Willian~s VERIFICATION I, CHRISTINA M. WILLIAMS, state that I am the PLAINTIFF in the above- captioned case and that the facts set forth in the foregoing are tree and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unswom falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: 12_- I a-C) l stina M. Willialas 5 ~- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, Plaintiff VS. BRIAN D. WILLIAMS, Defendant NO. 02-60 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV. E 1920.4 G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy &the Complaint in Divorce filed in this matter by certified mail, return receipt requested, addressee only, to the Defendant at Chambers Ridge Apartments, 5086 Lilac Lane, Apartment 201, Harrisburg, Pennsylvania 17111, on January 9, 2001. The return receipt signed by the Defendant is evidence of delivery to him and is attached as Exhibit "A". I verify that the facts contained above are tree and correct to the best of my knowledge, information and belief. I understand that the facts herein are verified subject to the penalties for unswom falsification to authorities under Crimes Code, Section 4904 (18 Pa.C.S. §4904). ,/~atrick-O'Connor, Esquire I.D. No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney for Plaintiff ~ ~ 4 if Restricted Delivery Is de,mci. II Imlint your name and a~ on the mveme I) th~,t we can tatum the crud to you. ' ~ ~41ach thls can:l to the back of the ma#piece. [] Expme~ Mail ', ~ -I Registered [] Retum Receipt for Me~ ' [] Insured Mall [] C.O.D. 4. Ree'bicted Delivery? ~ Fee) ~fes,_ . Article Number (Copy from sew/ce/abe/) EXHIBIT "A" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, Plaintiff VS. BRIAN D. WILLIAMS, Defendant NO. 02-60 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 January 4, 2002 and service made on the Defendant on January 11, 2002. 2. The marriage of Plaintiff and 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 of divorce after service of notice of intention to request entry of the decree. 4. 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 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: %h~'~stina 1~. Wil(iam~, Plaihtiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, · Plaintiff ' VS. BRIAN D. WILLIAMS, Defendant NO. 02-60 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 January 4, 2002 and service made on the Defendant on January 11, 2002. 2. The marriage of Plaintiff and 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 of divorce after service of notice of intention to request entry of the decree· 4. 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. 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. Brifffi l)q'_'_'_'_'_'_'_'_~illiams, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, Plaintiff VS. BRIAN D. WILLIAMS, .~ Defendant NO. O2-60 Civil CIVIL ACTION - LAW · . INDIVORCE .. WAIVER OF NOTICE OF INTENTION 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. 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 the foregoing 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: pril stina M. Wtlfiams, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, Plaintiff VS. BRIAN D. WILLIAMS, Defendant NO. 02-60 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 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 verifiy that the statements made in the foregoing 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:~__ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINA M. WILLIAMS, NO. 02-60 Civil Plaintiff VS. CIVIL ACTION - LAW BRIAN D. WILLIAMS, Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD Grounds for divorce: 4' Section 3301(c) of the Divorce Code __ Section 3301(d) of the Divorce Code (a) Date complaint filed: January_ 4, 2002 (b) Date of service of the complaint: Januasw 11, 2002 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the complaint: 4, Certified mail, restricted delivery to and remm receipt signed by defendant First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: __ Personal service by Sheriff and/or Deputy Sheriff __ Personal service by competent adult other than Sheriff (Affidavit attached) __ Acceptance of service (Copy attached) __ By publication pursuant to Order of Court (Copy of Order attached) (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: plaintiff: April 15, 2002 defendant: April 16, 2002 Date of filing: plaintiff: contemporaneously herewith defendant: contemporaneously herewith (b) Plaintiff's affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of filing: Date of service upon defendant: Manner of service: Related claims pending: (a) Date of service oft he notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: (b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff: contemporaneously herewith By defendant: contemporaneously herewith VERIFICATION I verify that the statements made in this praecipe are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date ~ttorn'e~ for Plaintiff CHRISTINA M. WILLIAMS Plaintiff VERSUS BRIAN D. WILLIAMS Defendant INTHE COURT Of COMMON PLEAS CF CUMBERLAND COUNTY ST~'FE Of ~~ PENNA. NO. 02 - 60 Civil DECREE IN DIVORCE AND NOW,~ DECREED THAT CHRISTINA M. 2002 AND WILLIAMS BRIAN D. WILLIAMS , 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;