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HomeMy WebLinkAbout04-4294JOHN R WIERMAN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. O y- TINA M WIERMAN, 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 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 counseling. A list of marriage counselors is available in the Office of the Court Administrator, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 OF 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 Cumberland County Court Administrator 4m Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 JOHN R WIERMAN, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. TINA M WIERMAN, Defendant. CIVIL ACTION- DIVORCE COMPLAINT UNDER SECTION 3301 (C) OF THE DIVORCE CODE COUNT I - DIVORCE 1. Plaintiff is John R Wierman, who currently resides at 204 East Clearview Drive, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Tina M Wierman, who currently resides at 8583 Middleridge Road, Newport, Perry County, Pennsylvania. 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 August 15, 2001 in Newport, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievably broken. Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301 of the Divorce Code. COUNT II--EQUITABLE DISTRIBUTION 9. The Plaintiff incorporates by reference Paragraphs I through 8 of the Complaint for Divorce as fully set forth herein. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiffs Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure. 11. Plaintiff and Defendant have been unable to agree as to an equitable division of marital property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. Respectfully submitted, & GERALDO Date: v 2q ( 0q By' r 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 unworn falsification to authorities. Zohr Werman I CERTIFICATE OF SERVICE I, Gerald S. Robinson, Esquire, do hereby certify that on the 26 b day of August, 2004, I caused a true and correct copy of the Divorce Complaint to be served upon the following individual by certified mail - restricted delivery by depositing same in the United States, postage prepaid, in Harrisburg, Pennsylvania. Tina M. Wierman 8583 Middleridge Road Newport, PA 17074 Respectfully submitted, ROBIN & GERALDO a By: G raid S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, PA 17110 (717) 232-8525 T ? -p it 6 (v'\ N W V ? G\ JOHN R WIERMAN, NO. 04-4294 Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. TINA M WIERMAN, Defendant. CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE the Complaint in Divorce The undersigned makes the following return of service: was served upon Tina M Wierman, the Defendant, on August 31, 2004 at 8583 Middleridge Road, Newport, Perry County, Pennsylvania. The signed receipt is attached as Exhibit 1. SIGNATURE AND AFFIDAVTI' 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 service 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 falsfication to authorities. Respectfully submitted, ROBINSON & GERALDO Dated: By: J A ald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff ¦ 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. k 1. Article Addressed lo: z T<r,a (Y1. Wlermutl s5$3 m;?a??;ate Rid Oc,,,ffT-, PA V70-?q CKV' 16. ;j elivery Received 1 M; 11-f C. Signature x ? Agent e 1 \" O Addressee D. Is del' ress different from item 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type ® Certified Mail ? Express Mail ? Registered Iq Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Rsstrlctod Delivery? (Extra Fes) d Yea 2. Article Number 7aa1 194 00 4 1686 78'95 (Transfer from service label) PS Form 3811, March 2001 Domestic Return Receipt 10259501-M-1424 VOW, N iT. hl ? Illy F V l' . F ?1 C 1 N e 7.:n. CJ-r? Y CY) 1= . co G COMMONWEALTH OF PENNSYLVANIA : IN COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs NO. 04-4294 CIVIL TERM TINA M WIERMAN Defendant TO CURTIS B. LONG PROTHONOTARY: PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for the Defendant, TINA M. WIREMAN in the above-captioned matter. Respectfully submitted, DATE: Im- 14 0?_ Sanford A: squire Attorney for D e ant 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 Atty. I.D. 115560 Distribution: Gerald S. Robinson, Esquire t- b +? ? J, MA t., tV C.Jr?7 ?,t 7 W -< jo?,? ?. Gvierm1atil YLVANIA VS TINA M WIERMAN Defendant TO CURTIS B. LONG PROTHONOTARY: IN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4294 CIVIL TERM PRAECIPE FOR ENTRY OF APPEARANCE Please enter the appearance of the undersigned as counsel for the Defendant, TINA M. WIREMAN in the above-captioned matter. DATE: 1 Respectfully submitted, Sanford A. Krevs , Esquire Attorney for Defendant 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 Atty. I.D. 15560 Distribution: Gerald S. Robinson, Esquire ? ? ?, .? ,.., ?? -:1 ? .. Q T.1 `Y.e ? :. . ?'? ' • _ 1 .. _ ?d? ?? ?` ,? ? JOHN R WIERMAN, Plaintiff vs TINA M WIERMAN, Defendant IN COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4294 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT IN DIVORCE AND NEW MATTER AND NOW, comes the Defendant, TINA M. WIERMAN, by his attorney, SANFORD A. KREVSKY, Esquire, and respectfully Answers the Complaint in Divorce, as follows: COUNT I - DIVORCE 1. Admitted. 2. Admitted. 3. Admitted. 4. Denied. The Plaintiff and the Defendant were married on August 18, 2001. 5. Admitted. 6. Denied. Counseling may assist the couple on resolving any marital discord. 7. Admitted. 8. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to deny entry of a Final Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 9. Answers to paragraphs one through eight are incorporated herein by reference. 10. Admitted. 11. Admitted. WHEREFORE, Defendant respectfully requests that this Honorable Court enter an Order of Equitable Distribution of marital property and marital debts pursuant to §3502 of the Domestic Relations Code. NEW MATTER COUNT III- SPOUSAL SUPPORT AND/OR ALIMONY PEDENTE LITE AND PERMANENT ALIMONY 12. Paragraph Nos. one (1) through eleven (11) are incorporated as if fully set forth herein. 13. Plaintiff is unable to sustain herself during the course of this litigation. 14. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself adequately through appropriate employment. 15. Plaintiff requests this Honorable Court to enter an award of spousal support and/or alimony pendente lite in her favor pursuant to section 3701 of the Divorce Code. 16. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, Plaintiff respectfully requests that this Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Section 3701 of the Divorce Code. COUNT IV- COUNSEL FEES, EXPENSES AND COSTS OF SUIT 17. Paragraph Nos. one (1) through eleven (I1) are incorporated as if fully set forth herein. 18. Plaintiff has retained an attorney to prosecute this action and has agreed to pay him a reasonable fee. 19. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 20. Plaintiff is not financially able to meet the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. 21. Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses as deemed appropriate. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and exnenses. Respectfully submitted, Date: IA61N SAIVFORD A. h VSKY, Esquire Attorney for Plaintiff Krevsky & Rosen, P.C, 1101 North Front Street Harrisburg, PA 17102 (717) 234-4583 JOHN R WIERMAN, : IN COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, :PENNSYLVANIA vs NO. 04-4294 CIVIL TERM TINA M WIERMAN, : CIVIL ACTION - LAW Defendant : IN DIVORCE VERIFICATION I verify that the statements made in this Answer are true 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: TINA WIREMAN JOHN R WIERMAN, : IN COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, :PENNSYLVANIA vs NO. 04-4294 CIVIL TERM TINA M WIERMAN , : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this. day of December 2004, I, Jessica L. Seecharran, for the Law Firm of Krevsky & Rosen, PC, hereby certify that I have this day sent the Answer to Complaint in Divorce and New Matter by depositing same in the United States mail, postage prepaid, addressed to: GERALD S. ROBINSON, ESQUIRE ROBINSON & GERALDO 4407 NORTH FRONT STREET P.O. BOX 5320 HARRISBURG, PA 17110 ssca L. Seecharran KREVSKY & ROSEN, PC 1101 North Front Street Harrisburg, PA 17101 (717) 234-4583 1-m-65" IL .2 acCG?. oru" ???? 7OS• J&V) V_ U1ieMm vs Case No.09 W - C t'-eefy) Statement of Intention to Proceed To the Court: intends to proceed with the above captioned matter. Print Name. ?0.UJr Sign Name -e4 Date: G1241 01 Attorney for a \ '(? , ? NRV(`()an Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If tht par!;e^ ao not 1vish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. r-? ?"' C_v '=--' {:` ? ?.? - .?=a t ?--- mot'? 4? ?s'f ;,f f s? i=i 'r' ?7? :; . f-: .?-. (,S°6 :? vs Case No.`1 -n -0 L71 ?'rl - ti ? M M Statement of Intention to Proceed t ri : To the Court: ? -tin 1k intends to proceed with the above captiona'mattczk :_43. P r rint Name 1Y7_ Sign Name -- -------- - - - LL Date: 1 Attorney for Tt Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case., they will take no action and "the Prothonotary shall enter an order as of Course terniinaiii g 'Lie irratier With prejudice for failure to prGsecuie." if a party wishes to pursue the nnattcr, hc' or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing o"the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. JOHN R. WIERMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-4294 G TINA M. WIERMAN, :CIVIL ACTION - IN DIVORCE Defendant ~ ~ ~~ :r~ G; ~ AFFIDAVIT OF CONSENT ~n ~ O ~,,~ 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code~ias °~ filed on August 27, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers 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: ~/ ' Z - I O R. WIERMAN `fin ~~ ~. JOHN R. WIERMAN Plaintiff v. TINA M. WIERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.04-4294 CIVIL ACTION - IN DIVORCE c~ a 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 in divorce without notice.~C ca ~ v 2. I understand that I may lose my 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. 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: g - 2- [ 0 JOHN R. WIERMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 04-4294 TINA M. WIERMAN, :CIVIL ACTION - IN DIVORCE Defendant ~ ' .n =~ m ~~ i q (p ;. tL'1 ~ 7 AFFIDAVIT OF CONSENT ~~ ~„~ a 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code'was`D filed on August 27, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concenrung alimony, division of property, lawyers 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: I a'? ~~ JOHN R. WIERMAN Plaintiff v. TINA M. WIERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4294 CIVIL ACTION - IN DIVORCE n c `~i WAIVER OF NOTICE OF INTENTION TO REQUEST c (,~ ENTRY OF A DIVORCE DECREE UNDER ~~ ~ ~~ § 3301(c) OF THE DIVORCE CODE ~ ~ .~.~ ~ ~ a C~ -~v 1. I consent to the entry of a final decree in divorce without notice.~~ w 2. I understand that I may lose my rights concerning alimony, divisioi~f '"° 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. l n 11 f DATE: `~ O` 1 ~ y~ ~ TINA M. WI RM