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Home My WebLink About05-1889 'loo- DEBORAH J. PHILLIPS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. No. D)"-!'t8? Civil Term WAYNE A. PHILLIPS, Defendant ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 51. Carlisle, Pa. 17013 (717) 249-3166 .it- DEBORAH J. PHILLIPS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - t1~C{ ACTION IN DIVORCE Civil Term WAYNE A. PHILLIPS, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Deborah J. Phillips, a competent adult individual, who has resides at 1580 Ritner Highway, # 16, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Wayne A. Phillips, a competent adult individual, who resides at 30 Betty Nelson Trailer Court, Lot 115, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 29, 1979 in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have two children together; both are over the age of eighteen (18) years old. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. ~. "... I O. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. S4904 relating to unsworn falsification to authorities. Date: ~ II D'::J~ ~ ~ - ,..... 0- ~ ~ ~ ~ - ~ ..SJ o "" <:> .-0 ~ ~ P ~.J' o ~~ r-> "'" ~ "'. 4J ;;D - ----------- -- N o -11 ..-\ :r>n n"'i~ -nrD ~~~\~) ::'.,',":, :-~.\ :~_,~ ;:O-~i .':rn , .I ::~'4 '~ ~.~~. -"'" - - .r.:- c - vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No.O~-'88'9 Civil Term DEBORAH J. PHILLIPS, Plaintiff WAYNE A. PHILLIPS, Defendant ACTION IN DIVORCE 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 OF SEPARATION I. The parties to this action separated in 1990 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 my rights concerning alimony, division of property, lawyer's fees or expenses if! 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. S4904 relating to unsworn falsification to authorities. Date:L1- b -0 5" ~~~:Y~~ Deborah J. Phill~ps, Plaintiff Q S' -;:"1\:-' tJ)'.' r-' ~ ~ --0 ?:J , U: .,.....~ s\ ~;~ ? :2. - N Q -n ---' :f_4"1 f"1"\ c=- _nf1'J 'i:,C(l c.:-~() :;r"".~~-\ \:~;ql ,_I -"7 ~.9. ? _7 ~. - - .r;:- ;;. DEBORAH 1. PHILLIPS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005 - 1889 Civil Term WAYNE A. PHILLIPS, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this April 18, 2005, I, Jane Adams, Esquire, hereby certify that on April 15, 2005, a certified true copy of the NOTICE TO DEFEND, COMPLAINT IN DIVORCE, AND AFFIDAVIT OF SEP ARA TION were served, via certified mail, restricted delivery, return receipt requested, addressed to: Wayne Phillips 30 Betty Nelson Court Lot 115 Carlisle, Pa. 17013 DEFENDANT . 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 mailplece, or on the front if space pennits. 1. ArtIcle Addressed to: WtlYlle fti Il'IPs 30 Betty Ne/so",Co\7f'"t Lot- II 5 Co.f'I'~lt PA- 1701.3 I 2. Artlcle Number ~"""'-~ PS Form 3811, February 2004 Cl Agent - C. Dale of Dell~ 'SLCJ j D.Isdelivety__fromItem11 Clves If YES. enter delivery add.... below: Cl No Cl Exp,... Mall C Return ReceIpt fer Men:handIse 7003 3110 0004 5775 4559 ,-....,54<) , ~ Aoun IlIcoIpl Adams, Esquire . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF (-) ;'11 '~-\ " ,.- C') - :.: .f::' ----- , . DEBORAH 1. PHILLIPS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA vs. : No. 2005 - 1889 Civil Term WAYNE A. PHILLIPS, Defendant : ACTION IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF DIVORCE DECREE TO: Wavne A. Phillips 30 Bettv Nelson Trailer Court. Lot 115 Carlisle. Pa. 17013 DATE: Mav 10.2005 You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counter-Affidavit to the 3301(d) affidavit. Therefore, on or after Mav 30. 2005 the Plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a Counter-Affidavit by the date above, the Court can enter a final decree in Divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you lose forever the right to ask for economic relief. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS A TT ACHED TO THIS NOTICE. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of your counter-affidavit alone does not protect your economic claims. 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 St. Carlisle, Pa. 17013 (717) 249-3166 DEBORAH J. PHILLIPS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005 - 1889 Civil Term WAYNE A. PHILLIPS, Defendant ACTION IN DIVORCE COUNTER-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 ofa 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 rights concerning alimony, division of property, lawyer's fees, and expenses ifI do not claim them before a divorce is granted. _(b) I wish to claim economic relief which may include alimony, division ofproperty, lawyer's fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must also file 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 ofIntention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. [ verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: Wayne A. Phillips, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file the counter-affidavit. (, ~\ i -- OJ --~ r:"';" ::..-~\ C) --- - --- DEBORAH J. PHILLIPS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005 - 1889 Civil Term WAYNE A. PHILLIPS, Defendant ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this May 18,2005, I, Jane Adams, Esquire, hereby certify that on ~~\";),())$' a certified true copy of the NOTICE OF INTENT TO REQUEST DIVORCE DECREE and COUNrER-AFFIDA VIr were served, via certified mail, restricted delivery, return receipt requested, addressed to: Wayne Phillips 30 Betty Nelson Court Lo Carlisle, Pa. 17013 DEFENDANT SENDER COMPcETo THIS SECTION . Complete items 1, .2, and 3. Also complete -Item 4 if Restricted Delivery is desited.. . Print your name and add oa..jJ.1..e reverse-- so that we can return ard to y . Attach this card to ~I iec~, or on the front if s ~ :;) ",. 0 Agent o Addressee Dyes D No w'.. ~o, ~O hv::--O 0vt-W;- G-~ ~It \ )()\~ 3. Service Type . Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise D C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number (Transfer from service/abel) L ~. PS Form 3811 , March 2001 7004 1350. 0003 7143 7027 Domestic Return Receipt 102595-Q1-M-1424 dams, Esquire I.D o. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~,' c:::'r ~ o ....n -,;,.,. ..--' -:: C"J --"...,,, U1 u") DEBORAH 1. PHILLIPS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2005 - 1889 Civil Term WAYNE A. PHILLIPS, Defendant ACTION 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: I. Ground for divorce: irretrievable breakdown under &3301 (d) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered bv certified mail. restricted- deliverv. Delivered on: Aoril15. 2005. 3. Date of execution of the affidavit required by ~3301(d) of the Divorce Code: By Plaintiff: April 6, 2005. Date of filing and service of the plaintiffs affidavit of separation required by ~3301(d) of the Divorce Code on respondent: Filed: Aoril12. 2005. Served on Defendant: Aorill5. 2005. Affidavit of Service filed: Aoril18. 2005. 4. Related claims pending: No claims raised. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which was filed of record with the Prothonotary: Served via certified mail. rerum receiot reCluested. on Mav 13.2005. Defendant executed a Waiver of Notice on Mav 14.2005: both were filed with the Prothonotary on Mav 18.2005. Date: Lv ' La ' ~- e dams, Esquire . 79465 6 itt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff () "'-> = ~ ~ = c.n -om c- ~:o ~fB c:: :z: ,..... ZC~ I ~~ (/))0- -<.<<,~: 0'\ !<C) d?:c' .." ~~ zc5 ::lI: :iic: ~ ~ ~ '" ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ;t;;+;:+::+::+::f:+::+:;!;:ti :+::t;:f:+:'f :+: :t: +. :+. :+: Of' OJ;:+.:+: Of.:+.:f.:+' :+.:+:;I; ;f:+ 'Ii:+::+: +. +. +'l' . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Deborah J. Phillips, Plaintiff No. 05 - 1889 Civil Term No. VERSUS Wayne A. Phillips, Defendant DECREE IN DIVORCE AND NOW, J" \I Q' ~ Deborah J. Phillips ~ ~, IT IS ORDERED AND DECREED THAT , PLAINTIFF, Wayne A. Phillips , DEFENDANT, . . . . AND . . . . . 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; . 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