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HomeMy WebLinkAbout05-0194 - MARGARET A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 2005- I Cf 4- CIVIL ACTION-LAW IN DIVORCE CIVIL TERM ROBERT A. WAGNER, Defendant 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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, P A 17013 717-249-3166 MARGARET A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 2005- ,Iet'f CIVIL ACTION-LAW IN DIVORCE CIVIL TERM ROBERT A. WAGNER, Defendant COMPLAINT Plaintiff, Margaret A. Wagner, by her attorneys, Broujos and Gilroy, P.C., sets forth the following: 1 Plaintiff, Margaret A. Wagner, is an adult individual residing at 32 Center Street, Lot 29, Mt. Holly Springs, Cumberland County, Pennsylvania. 2 Defendant, Robert A. Wagner, is an adult individual residing at 2551 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 3 The Plaintiff and Defendant were married on July 18, 1959 in Maryland. 4 Both Plaintiff and Defendant have been bonafide residents in the Commonwealth of Pennsylvania for at least six months prior to the filing of this complaint. 5 This have been no prior actions of Divorce or Annulment between the parties accept a Divorce Action previously filed by Plaintiff against the Defendant in Cumberland County Pennsylvania. This action was dismissed because of inactivity. The Docket Numbers for this Action was 1990-2862. .' 6 In accordance with Section 330l(c) of the Divorce Code, the marriage between the parties is irretrievably broken. 7 Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8 Plaintiff and Defendant have lived separately and apart since on or about January 1, 1986. 9 Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be divorced from the Defendant. BROUJOS & GILROY, P.C. BCl/-;lv Hubert X. Gilroy, squire Attorney for Plai iff Broujos & Gilr , P.e. 4 North Hanover Street Carlisle, P A 17013 717 - 243-4574 I verify that the statements in the foregoing pleading are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaCS 4904 relating to unsworn falsification to authorities. 7-1 .~ -1. / / ) '-7//CiiA_;J(J~ q U./ t:'~0l/L 'argargVA. Wagner, Plaintiff MARGARET A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v No. 2005- CIVIL TERM ROBERT A. WAGNER, Defendant CIVIL ACTION-LAW IN DIVORCE TO: Robert A. Wagner 2551 Walnut Bottom Road Carlisle, PA 17013. NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 330l(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about January 1, 1986 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 rights concerning alimony, division of property, lawyer's 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, /'j. ,/ ~ I (i < '): [./: ,0 J {./; /-- t' ( .. <,,<J- {L V t.'" / v j M2~;;'~,;:~.:d~/"J~ . / MARGARET A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v No. 2005- CIVIL TERM ROBERT A. WAGNER, Defendant CIVIL ACTION-LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER 3301 (d) OF THE DIVORCE CODE If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty 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. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also me all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice on Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to me any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. ~ 4904, relating to unsworn falsification to authorities. DATE: Robert A. Wagner, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELLIEF, YOU SHOULD NOT FILE TIDS COUNTER-AFFIDAVIT. ~ '. ".,)-~. ' \ '- ,.,,/ ~~ -- ~ ~ 3J 1.01',\ \,)J ~ c./' C'v Q r--~ 0 t::::;, :~:.:; <-.::.\ 'T! (,.,n "~ .- '- :-;:1 , :::.' " hi -:-j -.,.. ;::.:;: -0 rrl --..-, c-, \. -, c:::.. :.) 1- --', U r-~_ J' "- i - --'-l ". c.J , , ..- ~) '- ) ; -, -- . , C,) -, -" \.() -, - ....c) 0- SHERIFF'S RETURN - REGULAR CASE NO: 2005-00194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAGNER MARGARET A VS WAGNER ROBERT A CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon WAGNER ROBERT A the DEFENDANT , at 1943:00 HOURS, on the 11th day of January 2005 at 2551 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to ROBERT A WAGNER a true and attested copy of COMPLAINT - DIVORCE together with NOTICE-AFFIDAVIT UNDER SECTION 3301 COUNTER AFFIDAVIT UNDER SECTION 3301 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 r-~~~ R. Thomas Kline 01/12/2005 BROUJOS & GILROY Sworn and Subscribed to before me this ,) '{ (f- day of BY:+. ~ '~/ 7~7 ~ ~{(ty Shenff L/~ ;2(Jp:/ A.D. C ./:;r; ( -Cd 'hu/h~ ~ t> thonotary . SHERIFF'S RETURN - REGULAR CASE NO: 2005-00194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAGNER MARGARET A VS WAGNER ROBERT A CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon WAGNER ROBERT A the DEFENDANT at 1943:00 HOURS, on the 11th day of January 2005 at 2551 WALNUT BOTTOM ROAD CARLISLE. PA 17013 by handing to ROBERT A WAGNER a true and attested copy of COMPLAINT - DIVORCE together with NOTICE-AFFIDAVIT UNDER SECTION 3301 COUNTER AFFIDAVIT UNDER SECTION 3301 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 ~~ <<~." R. Thomas Kline 01/12/2005 BROUJOS & GILROY Sworn and Subscribed to before me this 01'1 (!'> day of BY:}. ~ '---/ 7~7 v ~<<ty S'hemff L/~ ;ltJt;:I A.D. C +'1'1' J2 ~;hd' Afl;tPi ,r>:oothonotary . 330t(c).not MARGARETA.WAGNE~ Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v No. 2005-194 CIVIL TERM ROBERT A. W AGNE~ Defendant CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce nnder Section 3301(C) of the Divorce Code was filed on January 10, 2005. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about January 11, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing ofthe Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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: ')'1 Q pll..dJ. leeS ~. c) c.- '"~.') ~.~ -'Co. ..""', '_.C; :,C'-," J301(c),not MARGARET A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v No. 2005-194 CIVIL TERM ROBERT A. WAGNER, Defendant CIVIL ACTION-LAW IN DIVORCE AFF1DA VIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE L A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on January 10, 2005. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about January 11, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. 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. ~. 'I C.... ~1 <- Date: - . y' :> - C; J ~1 t L 4'.' 'J2 J / / ,>(, CR.q..-RJ'o- obert A. Wagnerillefe'dant c) "', C~.? ~ c..,'1 C) -n ..-/ -,. I '../,) .[:.'" - MARGARET A. WAGNER, Plaintiff, IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v NO. 2005-194 CIVIL ROBERT A. WAGNER, Defendant, IN DIVORCE AFFIDAVIT OF SERVICE I, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the Complaint and Notice to Plea filed in the above referenced matter was served on Defendant Robert A. Wagner, by the Cumberland county Sherifrs Office on January 11, 2005. A copy of the Sheriff's Return-Regular is attached hereto and marked Exhibit "A". ~ l.2.t'to J DATE Hu ert X. Gilroy, Es Attorney for Plainti Broujos & Gilroy, .C. 4 North Hanover S eet Carlisle, PA 17013 717 - 243-4574 Sworn and subscribed before me this ~' '" of ~ 2005 J: Gru>~ Notary blic Notarial Seal Bridget Ann Corcoran. Notary Public Carlisle Boro, Cumberland County My Commission Expires June 10, 2006 Member, pennsylvanl8AssooatronofNotanes , . . SHERIFF'S RETURN - REGULAR CASE NO: 2005-00194 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WAGNER MARGARET A VS WAGNER ROBERT A CPL. TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT _ DIVORCE WAGNER ROBERT A was served upon DEFENDANT the , at 1943:00 HOURS, on the ll!h day of January ,~ at 2551 WALNUT BOTTOM ROAD CARLISLE, PA 17013 by handing to ROBERT A WAGNER a true and attested copy of COMPLAINT __ DIVORCE together with NOTICE--AFFIDAVIT UNDER SECTION 3301 COUNTER AFFIDAVIT UNDER SECTION 3301 and at the same time directing ~ attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge So Answers: 18.00 7.40 .00 10.00 .00 35.40 r~ ~~~ R.. Thomas Kline 01/12/2005 BROUJOS & GILROY Sworn and Subscribed to before BY:+~ 7~7 C P ty S.he:r>iff me this day of A.D. EXHIBIT A b :;; D a Prothonotary -.... - "" c::> r;-} Cfl c_ S~~ -i') 1"'..) GO - MARGARET A. WAGNER, Plaintiff : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v NO. 2005-194 CIVIL ROBERT A. WAGNER, Defendant 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 Section ()3301(c) (x)3301(d)(I) of the Divorce Code. (Check applicable section.) 2. Date and manner of service of the Complaint: January 11, 2005 by Cumberland County Sherirrs Office. 3. (Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: April 29, 2005; by Defendant: April 28, 2005. (b) (1) Date of execution of the Plaintiff's affidavit required by Section 33010 of the Divorce Code: _2) Date of service of the Plaintiff's affidavit upon the Defendant: _ 4. Related claims pending: None. 5. Complete either (a) (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: May 9, 2005 (b) Date Defendant's Waiver of Notice w filed with the Prothonotary: may 9, 2005 ubert X. Attorney Broujos Gilroy, PC 4 North Hanover Street Carlisle, PA 17013 717-243-4574 c_' c:;;; C-:;" CJl () -n =73 f".) 0-' . . .. :f.:f:+:<+:"''I.; ,., .. . .. ;t;;+:"" :f. .. . . . . ... . IN THE COURT OF COMMON PLEAS . . . OFCUMBERLANDCOUNTY . . . . . PENNA. STATE OF . . . . . . . " . . . . . . . . " . . . . . . . . . . . . . " . . . " . . . . . . . . . . . . " Margaret A. Wagner Plaintiff No. 2005-194 VERSUS Robert A. Wagner Defendant DECREE IN DIVORCE AND NOW, ~v..-A-f , ~ cf.'loS Ci yvI. ~~IT IS ORDERED AND DECREED THAT Margaret A. Wagner , PLAINTIFF, Robert A. Wagner AND , 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; . . . . . . . . . . . . No Claims Pending . . . . . . . . . . . . . . . . +. . Am?lq, J, PROTHONOTARY . .. . . .. "''f.:f 'f. . . . H . 'f.+-Of. ;t; :+::+'1' Of:+; .. H. . . . . . . . . . . . . . , . , . . . . . . . . . , , , . , , , , . . , + . . . . . . . . . .' . . . . . . , . . . . . . . . . . . , . . . . . . . . . . . . . . . -# ~ /P)~1I ~Jt 5(;)#>'7 ~? ?-~ ~.~ 5tJ,/,j.7 , .' "~.:" . -,. . '.