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HomeMy WebLinkAbout05-5796CHELSIE L. SPINK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. 0 S-S%4? ?tv WILLIAM E. SPINK, 7R., Defendant 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. 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. Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 CHELSIE L. SPINK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW NO. O S - 574 (Q (21 L Ln-l WILLIAM E. SPINK, JR., Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by her attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above named Defendant, upon the grounds hereinafter more fully set forth: COUNT I - DIVORCE 1. Plaintiff is Chelsie L. Spink, who currently resides at 1295 Kelton Road., Camp Hill, Cumberland County, Pennsylvania 17011, having so resided since December 2003. 2. Defendant is William E. Spink, Jr., who currently resides at 15600 N. Frank Lloyd Wright Blvd., Number 1135, Scottsdale, Arizona 85260, having so resided since approximately March 2005. 3. Plaintiff and Defendant are sui juris and Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married in August 27, 1998, in Dauphin County, Pennsylvania. 5. The 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. 6. An action for divorce, captioned as a Petition For Dissolution of Marriage, was filed by Defendant, William E. Spink, Jr. against the Plaintiff herein, Chelsie L. Spink, in the Superior Court of Ventura County, California. Said action was docketed at Case Number SD030375 and filed March 19, 2004. Service on said action was never properly completed on the Plaintiff herein and the matter has been dormant since December 2004. There has been no prior action for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there are no children of the parties. WHEREFORE, the Plaintiff prays your Honorable Court to: a) enter a Decree in Divorce from the bonds of matrimony, and b) such other relief as the Court may deem equitable and just. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs one through ten are hereby incorporated by reference herein as if fully set forth. 12. Plaintiff and Defendant possess various items of personal marital property which are subject to equitable distribution by the Court. 13. Plaintiff requests equitable distribution of the parties' personal property. WHEREFORE, Plaintiff prays that Your Honorable Court: (a) Equitably divide and distribute all property owned by the parties; and (b) Grant such further relief as the Court may deem equitable and just. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs one (1) through thirteen (13) are incorporated herein by reference as if fully set forth. 15. Plaintiff lacks sufficient property to provide for her reasonable needs. 16. Plaintiff is currently employed but lacks sufficient resources to care for herself. 17. Defendant has sufficient assets and income to provide continuing support for Plaintiff and to pay her alimony. WHEREFORE, Plaintiff respectfully requests that this Court: (a) Grant Plaintiff Alimony Pendente Lite sufficient to care for herself. (b) Grant the Plaintiff Alimony sufficient to care for herself. (c) For such further relief as the Court may deem equitable and just. COUNT IV - LEGAL FEES AND COSTS 18. Paragraphs one (1) through seventeen (17) are incorporated herein by reference as if fully set forth. 19. Plaintiff is employed but lacks sufficient funds to carry on this matter. 20. Defendant is employed on a full time basis earning approximately seventy thousand dollars ($ 70,000.00) per year. WHEREFORE, Plaintiff respectfully requests that this Court: (a) Award Plaintiff reasonable counsel fees and expenses. (d) For such further relief as the Court may deem equitable and just. Respectfully submitted, Date: By: Z , Gary L. othschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 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. § 4904 relating to unworn falsification to authorities. 05 Date Chelsie L. pink ?k c o ? d w V n c_n (.J 7 ' W o CHELSIE L. SPINK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. WILLIAM E. SPINK, JR., Defendant CIVIL ACTION - LAW NO. 05-5796 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Gary L. Rothschild, Esquire, being duly sworn according to law, depose and say that I served a copy of the Complaint in Divorce, in the above-captioned matter, by depositing it in the United States mail, return receipt requested, addressed as follows: Mr. William E. Spink, Jr. Number 1135 15600 N. Frank Lloyd Wright Blvd. Scottsdale, Arizona 85260 The return receipt card is attached hereto as evidence of service. Date: Z8 0,? By: Gary . Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff Sworn and Subscribed to before me this 47?day of November, 2005. NOTARY PUBLIC My Commission Expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL MINDY S. GOODMAN, Notary Public City of Harnsburg, Dauphin County My Commission Expires M 21, 2009 CHELSIE L. SPINK, V. Plaintiff WILLIAM E. SPINK, JR., Defendant ¦ Complete items 1, 2, and 3. Also complete Rem 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 permits. 1. Article Addressed to: Mr. William E. Spink, Jr. Number 1135 15600 N. Frank Lloyd Wright Blvd. Scottsdale, Arizona 85260 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05-5796 CIVIL TERM IN DIVORCE A ? Agent Y eyryed by (Printed Ne ) C. Date of Deliv ;??i?1 l? /J-220 ?1iR D. Is delivery add different from item 17 ? Yes If YES, enter delivery address below: 0 No 3. Service Type X Certified Mail ? Express Mall 0 Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) )K Yes 2 Article (transfer from m service label) 7004 2510 0007 6519 6858 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-fa-1640 SERVICE OF DIVORCE COMPLAINT CHELSIE L. SPINK, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 05-5796 CIVIL TERM WILLIAM E. SPINK, JR., Defendant : IN DIVORCE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: The parties have resolved the above-captioned matter through a divorce proceeding in another jurisdiction and accordingly Plaintiff hereby requests that this matter be discontinued. Respectfully submitted, ???lOG Date Gary . Rothschild, Esquire Pa. Supr. Ct. I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff ._? ?- M ,"Ab STEVEN M. NAGORZANSKI, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 05-5746 CIVIL TERM AVIS D. NAGORZANSKI, IN DIVORCE Defendant/Petitioner PACSES Case Number : 580107845 ORDER OF COURT AND NOW, this 7th day of August, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $1,879.00 and Respondent's monthly net income/earning capacity is $8,380.15, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit Two Thousand Six Hundred and 00/100 Dollars ($2600.00) per month payable as follows: $2600.00 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: on or before September 5, 2007 and on or before the 5t' day of each month thereafter. The effective date of the order is September 1, 2007. Arrears set at $0.00 as of August 7, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Avis D. Nagorzanski. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 The Respondent is to provide medical insurance coverage. This Order considers that the parties have an agreement and their agreement considered that each party had a minor child in their custody and care. The Respondent has honored that agreement. This Order is made effective September 1, 2007 as the minor child in the Respondent's custody and care will attaing majority age on Spetember 17, 2007. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Petitioner Respondent Petitioner's Attorney Respondent's Attorney BY THE CO Edward E. Guido, J. Mailed copies on: August 8, 2007 to: Petitioner Respondent Marcus A. McKnight, III, Esq. Debra Denison-Cantor, Esq.. DRO: R.J. Shadday r C? rv ? ITt O :It IL. a ? _lC1 w J ?