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HomeMy WebLinkAbout04-4380IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA A. WINDOWMAKER, Plaintiff No. 2004 - ~{~~ v. CIVIL ACTION -LAW JAMES R. WINDOWMAKER, III, Defendant (In Divorce) I NOTICE 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 of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DNISION 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717)249-3166 SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYR•AT•WW 26 W. High Slree[ Carlisle, PA Date: ~ 6(,M ~, ~~~~ SAIDIS, SHUFF, FLOWER Y By. ~.Yra~C~~ i dsay Gin M lay, Es re Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717)243-6222 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA A. WINDOWMAKER, Plaintiff No. 2004 - y3 ~ a v. CIVIL ACTION -LAW JAMES R. WINDOWMAKER, III, Defendant (In Divorce) COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Teresa A. Windowmaker, who currently resides at 21 North Corporation Street, Newville, Cumberland County, Pennsylvania. 2. Defendant is James R. Windowmaker, III, who, at the time of filing of this Complaint, also resides at 21 North Corporation Street, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were marred on August 5, 2000 in Cumberland County, Pennsylvania. 5. Defendant plans to vacate the marital residence on September 12, 2004 and the SAIDIS SHUFF, FLOWER & LINDSAY ATTORNCYS•AT•LAW 26 W. High Street Carlisle, PA parties will live separate and apart from that date forward. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff s Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. The marriage is irretrievably broken. The foregoing facts are averred under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. WHEREFORE, Plaintiff requests Your Honorable Court enter a Decree in Divorce, thereby divorcing Plaintiff and Defendant from the bonds of matrimony. Respectfully submitted, Date: ~ ~ ~ ~ 2D~ SAIDIS, SHUFF, FLOWER & L Y By: ,~.d n say Ging~i cH Mac , Esquir Supreme Court ID # 87954 26 West High Street Carlisle, PA 17013 (717)243-6222 Attorneys for Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATTO8NEY5•AT•LAW 2G W. High Srreel Carlisle, PA AFFIDAVIT I, Teresa A. Windowmaker, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counseling and understand that [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 Prothonotary's Office, 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 aze made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dated: ~-~-(~..~ AO.QOsI,. ~. a~~~~, eresa A. Windowmaker, Plaintiff SAIDIS SHUFF, FLOWER & LINDSAY ATTORNEYS•AT•LAW 2G W. Nigh Street Carlisle, PA VERIFICATION I, Teresa A. Windowmaker, verify that the statements made in this Complaint 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. Section 4904, relating to unswom falsification to authorities. Dated: ~ "~' LJ~ ~l Uit QQ~d. ~. ~(~N'~\. Teresa A. Windowmaker, Plaintiff SAIDIS SHIIFF, FLOWER & LINDSAY ATTORNEYS•A7•LAW 2G W. High Street Carlisle, PA Y ..~~ ~T ~ ~ v\ M v x a -l lr1 -C ` ~~ a F. rJ C J ? -:5 ~- r. ~ -1l C=~ ~•-~ -: }frl c.,> , 7 r . ~ ._- `. ' ; ~ U. _, `; _' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA A. WINDOWMAKER, Plaintiff v. JAMES R. WINDOWMAKER, III, Defendant No. 2004 - 4380 CIVIL ACTION -LAW 1 hi Divorce) ACCEPTANCE OF SERVICE I, James R. Windowmaker, III, Defendant 'in the above-captioned matter, hereby SAIDIS SHUFF, FLOWER & LINDSAY ATrORNEYS•AT•LAW 26 W. High Street Carlisle, PA accept service of the Complaint in Divorce, which was filed on August 30, 2004. Dated: p ' 3 ~" 0 ~'}' ames R. Windowmaker, III, Defendant 21 North Corporation Street Newville, Pennsylvania 17241 L: O c r -., -r~'~~: u, -, rn -," ~ ~ -~r*; tv s--' ~ i' -c7 a _i~ ~;, -C C IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESAA. WINDOWMAKER, Plaintiff v. JAMES R. WINDOWMAKER, III, Defendant No. 2004 - 4380 CIVIL ACTION -LAW (In Divorce) AFFIDAVIT OF COWSENT P, Complaint in Divorce under § 3301 /cl of the Divorce Code was filed Auaust 30, 2004. 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 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: /- ~ 9- ~.S ~eresa A. Wlndowmaker A DIVORCE DECREE UNDERS 33011 Icl OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. SAIDIS SHUF$ FLOWER & LINDSAY ATTORNEYR•AT•LAW 2G W. High Street CarHale, PA 2. I understand that I may lose rights concerhing 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 Date: ~-a~-QS Teresa ker r i ~i .. ..yam •~.j ~:.: ~ 4 __ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA A. WINDOWMAKER, Plaintiff JAMES R. WINDOWMAKER, III, Defendant AFFIDAVIT OF CONSENT II SAIDIS SHUFF,FLO R & LINDSA ATTO0.NEYS•AT•LA 2G W. Nigh Slre t Carlisle. PA I 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed August 30, 2004. 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 understand that false statements herein are made subject to the v. No. 2004 - 4380 CIVIL ACTION -LAW (In Divorce) penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. Date: 2~- G• games R. Windowmaker, III 2. 3 I consent to [he entry of a final Decree of Divorce without notice. 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. 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 Date. { - Z 7 - ~ ~ ~9'lr..l.'t ~ ~~,~~~ ~ ames R. Windowmaker, III APR 2 7 2009 C) ~ O v -~~ cn _~ T. ~. i W ,:t> ~- ~~: ~:} _,' cn -,i __ Lri IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TERESA A. WINDOWMAKER, Plaintiff v. JAMES R. WINDOWMAKER, III, Defendant No. 2004 - 4380 CIVIL ACTION -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. Ground for divorce: Irretrievable breakdown under 3301 (c) (Strike out inapplicable section) 2. Date and manner of service of the complaint: Acceptance of Service by Defendant dated August 31, 2004 and filed with Prothonotary September 2, 2004. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce Code: by plaintiff-]anuary 29, 2005: by defendant- April 27, 2005 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related Claims pending: None SAIDIS SHUFF,FLOV & LINDS? 26 W. High Str Carlisle. PA Complete either (a) or (b) b. Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: c. Date of plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: February 4, 2004 Date defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary::.. a CxS`' <_ ~.~~.~ ~' Carol J. Lindsay, E~'q ~ e Supreme Court I 693 Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle PA 17013 Phone: 717.243.6222 Attorney for Plaintiff c~ v G/'1 _ v -1') - i_~~~i _ ~-~ I ~ 7 C.. i _ t;l L,`1 :J ~7 [N THE COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY STATE OF ~ PENNA. z• ~,. - ~ -.~~. N O. 2004-4380 VERSUS JAMES R. WINDOWMAKER, III DECREE IN DIVORCE AND NOW, I (- ~~J IT IS ORDERED AND Teresa A. Windowmaker DECREED THAT James R. Windowmaker, III AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,PLAINTIFF, DEFENDANT, 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; At(I~IF• ~tii ~i~ „. ? ~ ; ~ S: ~~. ,! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vi ~S_ Pc ~ 1 a ~ nC~Ol.e~fY~~.V~ Plaintiff _ Vs File No.~l~l-~/ 3~~ C,1V?~ . IN DIVORCE ~~ rr,P`~ 12, ~1~~~,a~n'^(k,~V Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or ~~ after the entry of a Final Decree imDivorce dated .u, 1 y~_l~ hereby elects to resume the prior surname of~Q~,~ ,and gives this written notice avowing his /her intention pursu t to the provisions of 54 P.S. 70,4,. Date: a - I '~ - O~0 / U .t~,o ~/~ ,~~ ~~-~~~/L~,V~¢~C~ Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ~ On the ~~~day of ~ 8~ __, 204, before me, the Prothonotary or the notazy public, personally appeared the above affiant lrnown to me to be the person whose name is subscribed to the within document and aclrnowledged that he /she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. SEAL SOIM F7~IRE8~ JiYSaApyE ~' ~ ~~~ ~~ ~ ~:~~~_~ -_-_~C~Lb Prothonotazy or Notary Public ~, =- ~ ~ ~ ~~ ~" _ ~- ~ '~ _, ~j C.: c~ ~ ~~ t~ ~_ M n Iu 1 ~.~..... ...... tj~ ~~ V1 F ~ ~ '~ r~ , . , . ,+~f,enn~q ,,; )fin .~ 0 4 ,1r " . .,. ~ '.A L~Lt ~....~~.r..~ ... ..