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Home My WebLink About05-4814Paul I. Esposito, Esquire I.D. 425454 GOLDBERG KATZMAN, P.C. 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161, (717) 2344161 (facsimile) ('nuncd (itr M.'n ff POLLY A. WILLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 65 , Civil Term DENNIS D. WILLEY, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND 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 with twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may also be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. When the ground for 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 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 GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 Court Bedford Street Carlisle, PA 17013 Telephone: (717) 244-3166 Paul I. ksposito, Esquire I.D. x2s454 GOLDBERG KATZMAN, P. C. 320 Market Street P. O. Box 1268 Harrisburg PA 171084268 (717)234-4161,(717)234-4161 (facsimile) ( 'm",,if"' Plnim'fl POLLY A. WILLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff DENNIS D. WILLEY, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. C)S - gRJV Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELING POLLY A. WILLEY, being duly sworn according to law, deposes and says: I have been advised of the availability of marriage counseling and understand that I may request that the Court require my spouse and I to participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 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 verify that the statements made in this Waiver 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 unsworn falsification to authorities. } C? ?i 1J 1 1 r Date: ? POLLY A. ILLEY Paul 1. Esposito, Esquire I.D. Q5454 GOLDBERG KATZMAN, P.C, 320 Market Street P. O. Box 1268 Harrisburg, PA 17108-1268 (717)234-4161,(717)234-4161 (facsimile) ('pun."I for l4airrtll POLLY A. WILLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 9S- ?zp/y Civil Term DENNIS D. WILLEY, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE Plaintiff, POLLY A. WILLEY, is an adult individual, who currently resides at 350 Carlisle Road, Apartment 2, Newville, Cumberland County, Pennsylvania. Defendant, DENNIS D. WILLEY, is an adult individual, who currently resides at 12 Watson Drive, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff avers that she has been a bona fide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The parties were married on September 18, 1992, in Halifax, Dauphin County, Pennsylvania. There have been no prior actions of divorce or annulment filed by either of the parties hereto. 6. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. Plaintiff requests the court to enter a decree of divorce. COUNTI 8. The averments of paragraphs 1 through 7 herein are hereby incorporated by reference thereto. 9. The marriage is irretrievably broken. COUNT II 10. The averments of paragraphs 1 through 9 herein are hereby incorporated by reference thereto. 11. Plaintiff and Defendant have acquired property, during their marriage until the date of their separation, which property is marital. 11 Plaintiff requests this Court to preserve her right to have all marital property of the parties equitably distributed. COUNT III 13. The averments of paragraphs 1 through 12 herein are hereby incorporated by reference thereto. 14. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to adequately support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself. 16. Plaintiff requests this Court to preserve her right to seek an award of reasonable temporary alimony and additional sums as may become necessary from time to time hereafter until final hearing and permanent alimony thereafter. 2 COUNT IV 17. The averments of paragraphs 1 through 16 herein are hereby incorporated by reference thereto. 18. Plaintiff has employed the firm of Goldberg, Katzman, P.C., as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may be in need of hiring a real estate appraiser and other experts and does not have the funds to pay the necessary and reasonable fees. 20. Plaintiff requests the Court to allow her reasonable counsel fees, costs and expenses, costs of experts and appraiser pursuant to Section 3502 of the Divorce Code and Rule of Civil Procedure 1920.31 and to order such additional sums thereafter as may be deemed necessary and appropriate, and at final hearing, to further award such additional counsel fees and costs of experts and appraiser as are deemed necessary and appropriate. WHEREFORE, Plaintiff prays Your Honorable Court to: a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant; and b) Order equitable distribution of marital property; and c) Award alimony as the Court deems just and reasonable; and d) Order payment of alimony pendente lite, counsel fees, costs of experts, appraiser and other expenses as the Court deems just and reasonable; and e) Order such other relief as the Court deems just and reasonable. Date: r GOLD KATZMAN, P.C. Attorney 1.11 #25454 320 Market Street P.O. Box 1268 Harrisburg, PA 17108-1268 (717) 234-4161 (717) 234-6808 (facsimile) Attorney for Plaintiff VERIFICATION I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief. I understand that false statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,Z6 i ? I I, = POLLY A. WIL Y ?Z -6Q. C? 4 c).J t ? nJ go n "O l W s ?z ? cco I Ir1LMDATAFIWFORMS\u,l on Created: 9 MM4 o DOM Rwised: 9/19/05 1035.AM Jennifer J. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant POLLY A. WILLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 05-4814 CIVIL ACTION - LAW DENNIS D. WILLEY, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant in the above matter. MARTSON'EARDORFF WILLIAMS & OTTO By Jenni er L. ears, Esquire Ten East Hi h Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Dated: September 19, 2005 CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Paul J. Esposito, Esquire GOLDBERG KATZMAN 320 Market Street P.O. Box 1268 Harrisburg, PA 17108 MARTSON DEARDORFF WILLIAMS & OTTO fcia D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: September 19, 2005 C> r 4 c, u+ z N ro ::B raC :-, 9 C 1 Paul I. Esposito LD.#25454 Goldberg Katzman & Shipman, P_C 320 Market St,"t, Strawberry Square Past Office Boz 1268 Harrisburg, PA 12108-1268 (717) 234-4161 POLLY A. WILLEY, v. Plaintiff DENNIS D. WILLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-4814 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Personally appeared before me, a Notary Public, in and for said Commonwealth and County, PAUL J. ESPOSITO, ESQUIRE, who being duly sworn according to law deposes and says that on September 16, 2005, he sent a copy of the Complaint in Divorce by certified mail, restricted delivery, return receipt requested, to Dennis D. Willey, at 12 Watson Drive, Carlisle, Pennsylvania 17013, and the return receipt card signed by Dennis D. Willey, and shown as being delivered September 19, 2005, is attached hereto and made a part hereof. PAUL : E OSITO, ESQUIRE i Sworn to and subscribed before me this 4dday of, 2005. Notary Publi My Commission Expires: 9-1-7-06, County Sept. 17, 2006 MAM"atoni0f 4Me1P1i1111VK,,rba Ic Of Notaries 01JA9A'.1'C'D0(TD0('SW93S13 ?'J CERTIFIED MAIL,, RECEIF (Domestic Mail Only; No Insurance Covers: I : PON 1 8 E ti M r' 93L ' $ N M Cemlled Fee 230 C3 M Realm R Fe eotapr e 767- Postmark m IFrieoreame mRequire d) C3 Restrlde0 DeR y Fes Ll Z (t:rxloreemar Required) in 3 Q •-/?•?5 Total Postage B Fees $ S O C3 Dennis D. Willey 12 Watson Drive Carlisle, PA 17013 PS F.ro, 3800, J,1111 2002 See Rover- for n5jrtjcfion? I ¦ 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 mailpkece, or on the front if space permits. 1. Ankle Addressed to: Dennis D. Willey 12 Watson Dove Carlisle, PA 17013 RESTRICTED DEUVk:h* ' X Sig (s , /l & I Bj?) ,e.elvad by Nerve) ` C. (Date of Delivery 1 ."..- `k tv /-19-a- D. D. Is del" address different from item 1? ? Yes If YES, enter delivery address below: 0 No 3. Ioe Type Certffied Mail 0 Express Mail 0 Registered )KRetum Recelpt for Merchandise 0 Insured ma 0 C.O.D. 4. Restricted Delivery? (E'atra Fee) 1(Yss 2. Article allarftm asrvrvYCa AabeQ 7004 0750 0002 3296 2742 (riansierliom PS Form 3811, Febng" 2004 Domestic Return Receipt LozwK 41540 ??, ?? -? -c. -,? r ?c rv - w nt? - -r. sj;'7 _ .. ? ? = ?`J _: ? -? POLLY A. WILLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. DOCKET NO. 05-4814 CIVIL TERM DENNIS D. WILLEY, CIVIL ACTION - LAW Defendant IN DIVORCE TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Polly A. Willey, in the above-captioned matter. DATE r? 3407 Respectfully submitted, eat, Paul Espoo, Esquire Goldberg Katzman, PC Post Office Box 1268 320 Market Street Harrisburg, PA 17108 PRAECIPE OF ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Polly A. Willey, in the above-captioned matter. Respectfully submitted, AaOM & KUTULAKIS, L.L.P. DATE l U L U15?1 ' X G - 5LJ' I I l'T Michelle L. Somme"r, Esquire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Supreme Court ID No.: 93034 CERTIFICATE OF SERVICE AND NOW, this (L1 day of 2007, I, Michelle Sommer, Esquire, of ABOM & KUTULAKIS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Withdraw Appearance and Praecipe of Entry of Appearance by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Paul Esposito, Esquire Goldberg Katzman, PC Post Office Box 1268 320 Market Street Harrisburg, PA 17108 DATE ci?? Respectfully submitted, ABOM & KUTULAJUS, LLP ?? Michelle L. Somm Esquire 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for the Plaintiff ? rv r? 0 ?? 4. ? ""/ ? ` `w? ?? G? ?µr ..- ..J ? _? ( ] "? _ _"tn .. - `? i"i1 ?_. to ''' =y ?' '"? POLLY A. WILLEY, Plaintiff VS. DENNIS D. WILLEY, Defendant l-O THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4814 CIVIL TERM IN DIVORCE PRAECI PE I hereby withdraw my appearance for the Defendant in the above matter. Date: 2 f 3 0-7 torri'ds J. Willis s, Esquire Supreme Court ID # 10 East High Street Carlisle, PA 17013 TO THE PROTHONOTARY: I hereby enter my appearance for the Defendant in the above matter. Date: j 2 Samuel L. A s Supreme Court ID # 17225 525 North 12" Street Lemoyne, PA 17043 - } { _ - 51 . {_ F3 S POLLY A. WILLEY, Plaintiff VS. DENNIS D. WILLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4814 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 15 September 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 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. Section 4904 relating to unsworn falsification to authorities. Dated: POLLY A. W LEY C a cn il f r c- -7e f I ? y j •• POLLY A. WILLEY, Plaintiff VS. DENNIS D. WILLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-4814 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 15 September 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 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. Section 4904 relating to unsworn falsification to authorities. Dated: DENNIS D. WILLEY °rn j , .13 -cst? a f „k µ+ POLLY A. WILLEY, Plaintiff vs. DENNIS D. WILLEY, Defendant IN THE COURT OF COMMON } PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2005-4814 CIVIL TERM 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). 2. Date and manner of service of the Complaint: Divorce Complaint was served on or about 15 SspWmber 2006 and served uaon the Defendant within thirty days thereafter. 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. 10 September 2008 by Defendant: 10 September 2008 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiffs Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (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 Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 10 September 2008 and filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: dated 10 September 2008 and filed contemporaneously herewith. Date: 10 September 2008 uel L. An Attorney for Plaintiff go ap- a {'[p? A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. POLLY A. WILLEY, Plaintiff No. 2005-4814 VERSUS DENNIS D. WILLEY, Defendant DECREE IN DIVORCE 2008 AND NOW, SQ-tNLW4?'? IT IS ORDERED AND POLLY A. WILLEY DECREED THAT AND DENNIS D. WILLEY 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; NONE BY THE COURT: h?'? ATTEST: J PROTHONOTARY ifol