The URL can be used to link to this page

Home My WebLink About01-1882 JOANNE E. WRIGHT, :IN THE COURT OF COMMON PLEAS OF Plaintiff 'CUMBERLAND COUNTY, PENNSYLVANIA v. 'CIVIL ACTION- LAW :IN DIVORCE WAYNE E. WRIGHT, · Defendant :NO. ~/. /~o~ ~J 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 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 JOANNE E. WRIGHT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION. LAW WAYNE E. WRIGHT, :IN DIVORCE Defendant :NO. o/- /ov,~:"~ ~a-L'-:~.'~~ COMPLAINT AND NOW comes the Plaintiff, Joanne E. Wright, who, by and through her attorneys, Thomas A. Beekley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which she avers that: 1. Plaintiff', Joanne E. Wright, is an adult individual residing at 5316 Oxford Court Circle, #14, Mechaniesburg, Cumberland County, Pennsylvania 17055. 2. Defendant, Wayne E. Wright, is an adult individual residing at 26 Church Road, Newport, Perry County, Pennsylvania 17074. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on October 16, 1971. 5. There have been no prior actions in divorce or for annulment between the parties other than the original complaint filed at this docket number. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. §§3301(c) or (d), Plaintiff, Joanne E. Wright, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION 11. The averments contained in Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, and/or which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff, Joanne E. Wright, respectfully requests the Court to divide all marital property equitably between the parties. COUNT III REQ~ST FOR ALIMONY 15. The averments contained in Paragraphs 1 through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 17. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff, Joanne E. Wright, respectfully requests the Court to enter an award of alimony in her favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 18. The averments contained in Paragraphs 1 through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff, Joanne E. Wright, respectfully requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. DATED: ~.~~~ Respectfully submitted, of Counsel BECKLEY & MADDEN /5.. .......... . ................... _ ...... 212 North Third Street P.O. Box 11998 Harrisburg, PA 17108 (717) 233-7691 /' '-q ----~" ,/ ~-''~ '" '~~,~ ,'..:"')o , ' ~ ~rE~ICATION I, Joanne E. Wright, hereby verify that the statements made in the foregoing document 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 18 Pa. C. S. Section 4904, relating to unswom falsification to authorities. JOANNE E. WRIGHT, :IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE WAYNE E WRIGHT, ' Defendant :NO. 01-1882 PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Kindly withdraw the complaint filed in the above-captioned matter and mark this action settled, discontinued and ended. DATED' El S. Bec · CERTIFICATE OF SERVICE I, Elizabeth S. Beckley,. Esquire, hereby certify that a tree and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL' JoAnne E. Wright 2208 Warren Way M¢chanicsburg, PA 17050 Wayne E. Wright 26 Church Road Newport, PA 17074 Gerald S. Robinson, Esquire Robinson & Geraldo 4407 N. Front Street P.O. Box 5320 Harrisburg, PA 17110 FORRy, ULLMAN, ULLMAN & FORRY, P.C. Attorneys for Defendant By: Lcc E. Ullman, Esquire Curtis C. Johnston, Esquire Attorney I.D. Nos. 42428/64059 540 Court Street P. O. Box 542 Reading, PA 19603 610 777-5700 RICKY JOHNSTON, · IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNS~VANiA · · NO. 02-1882 CIVIL TERM STATE FARM MUTUAL AUTOMOBILE ' INSURANCE COMPANIES, ' DECLARATORY JUDGMENT ACTION Defendant ' · 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted as stated, but specifically den/ed as a substantive factual averment. 5. Denied as stated. State Farm denies Plaintiff's characterization of Plaintiff's testimony pertaining to his job responsibilities which consisted of both driving and warehouse duties, as well as loading and unloading Keebler product from the trucks since, contrary to Plaintiff's assertion, Plaintiff performed loading and unloading work both outside and inside of the Keebler trucks and in Keebler's Warehouse. State Farm's Motion, Exhibit B. 6. Denied as stated. Plaintiff has not cited Plaintiff's relevant testimony in full, which testimony is contained in a written transcript and speaks for itself. 7. Admitted only that the deposition testimony speaks for itself. 8. Admitted only that the deposition testimony speaks for itself. 9. Admitted only that the deposition testimony speaks for itself. 10. Denied as stated. State Farm denies any contention that income loss benefits under the Policy accrued as of August 29, 2001 since Plaintiff was continuing to work full-time, full-duty in the warehouse and was not disabled and has not established eligibility for income loss benefits under 75 Pa. CSA §1712 (2). See State Farm's Motion, Exhibit "B" at p. 79-80. 11. Denied. To the contrary, Plaintiff testified that he was continuing to work modified duty doing clerical work until February 26, 2002 at which time Keebler informed him that Keebler would no longer provide him with light duty work and would not allow him to remm to work until he could work "full duty". See State Farm's Motion, Exhibit "B" at p. 82. 12. Admitted in part, denied in part. The averments are admitted, with the exception that the mere fact that Plaintiff has chosen not to remm to his "pre-injury position" does not mean Plaintiff is entitled to income loss benefits under the subject Policy. 13. Admitted in part, denied part. It is admitted that Plaintiffhas received total disability benefits from his workman's compensation insurer since February 26, 2002, the exact amount(s) of which State Farm does not have documentation to confirm. With respect to PlaintifFs allegation that Plaintiff has received partial disability benefits in various amounts from his workman's compensation insurer during the period of August 29, 2001 until February 26, 2002, the averment is denied since State Farm is without information or knowledge sufficient to form a belief as to the troth of the matter averred and has not been supplied documentation establishing the exact amount(s) of said payments made, if any. ii 14. Denied. The averments contained in paragraph 14 of Plaintiffs Cross-Motion for Summary Judgment constitute conclusions of law to which no response is required. To the contrary, State Farm respectfully submits that it is entitled to summary judgment for the reasons stated in it s Motion and Brief in support thereof, which are hereby incorporated by reference. WHEREFORE, Defendant, State Farm Mutual Automobile Insurance Company, respectfully requests that Summary Judgment be entered in its favor and against Plaintiff, Ricky Johnston, plus all other relief available under law. Respectfully submitted, FORR~(i2]LL~, ULLMAN & FORRY, P.C. Dated: 02/09/04 By: _'"' / '~ LEE E. ULL~, ESQUIRE CURTIS C. JOHNSTON, ESQUIRE Attorneys for Defendant FORRY, ULLMAN, ULLMAN & FORRY, P.C. Attorneys for Defendant By: Lee E. Ullman, Esquire Curtis C. Johnston, Esquire Attorney I.D. Nos. 42428/64059 540 Court Street P. O. Box 542 Reading, PA ! 9603 6 ! 0 777-5700 RICKY JOHNSTON, ' IN THE COURT OF COMMON PLEAS OF Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA VS. · NO. 02-1882 CIVIL TERM · STATE FARM MUTUAL AUTOMOBILE · DECLARATORY JUDGMENT ACTION INSURANCE COMPANIES, . Defendant CERTIFIC.~ I, Lee E. U/lman, Esquire, of Forty, Ulhnan, U1/man & Forry, P.C., Attorney for Defendant, State Farm Mutual Automobile Insurance Company, hereby certify that on February 10, 2004, true and correct copies of State Farm's Answer in Opposition to Plaintiff's Cross-Motion for Summary Judgment and Brief in support thereof, were served upon the Plaintiff, by mailing the same, first- class mail, postage prepaid upon Plaintiff's counsel of record, addressed as follows: Michael A. Koranda, Esquire TOMASKO & KORANDA, P.C. 219 State Street HanSsb~g, Pa 17101 I understand that the statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authoritie~ FORR I ~ & FORRY, P.C. Dated: 02/10/04 By: ~~~~~-~~ · QUIRE Attorneys for Defendant