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HomeMy WebLinkAbout87-0061 CARL P. MITCHELL, SR., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW ALICE VIRGINIA MITCHELL, 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 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 irre- trievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania 17013. RLE$ O. BARTO, JR. ~ND ASSOCIATES RRISBURG, PA 17~01 CARL P. MITCHELL, SR., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW NO. 1987 ALICE VIRGINIA MITCHELL, : Defendant : IN DIVORCE COMPLAINT The Plaintiff, CARL P. MITCHELL, SR., by his attorneys, Charles O. Barto, Jr. and Associates, sets forth the following cause of action: COUNT I Divorc___~e 1. Plaintiff is CARL P. MITCHELL, SR., who currently resides at R.D. #3, Box 978, Duncannon, Perry County, Pennsylvania 17020. 2. Defendant is ALICE VIRGINIA MITCHELL, who currently resides at 42 S. Eighteenth Street, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the RLESO. BARTO. JR. filing of this Complaint· ~ND ASSOCIATES ~TTORNEYS AT LAW Plaintiff and Defendant were married on June 30, 1973 in Mahanoy City, Schuylkill County, Pennsylvania. 5. Plaintiff avers that the marriage is irretrievably broken. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff has been advised of the availability of counseling and of the Plaintiff's right to request that the court require the parties to participate therein. WHEREFORE, Plaintiff prays that a decree be entered divorcing Plaintiff from the bonds of matrimony. COUNT II Equitable Distribution of Property 8. Averments contained in Paragraphs 1 through 7 are incorporated herein by reference as if the same had been fully set forth at length. 9. The parties own marital property as that term is defined in RLESO. BARTO. JR. Section 401 of the Divorce Code, a substantial portion of which ND ASSOCIATES -2- is titled in the name of Defendant and is under Defendant's exclusive control. 10. Defendant is the owner of certain real estate located at 42 S. Eighteenth Street, Camp Hill, Pennsylvania 17011, which property has been the residence of Plaintiff since June 30, 1973 and in which property Plaintiff has invested approximately Nineteen Thousand Dollars ($19,000.00) in improvements and fixtures during the marriage. 11. The parties own personal property, acquired during their marriage, the amount of which is presently unascertained. WHEREFORE, Plaintiff requests that marital property of the parties be equitably divided and distributed and that he be granted such other and further equitable relief as the nature of his cause may require. COUNT III Injunctive Relief 12. Averments contained in Paragraphs 1 through 11 are incorporated herein by reference as if the same had been fully RIESO. barTO. JR. set forth at length. ND aSSOCiATES TTORNEYS AT LAW -3- 13. During the course of the parties' marriage, the parties maintained a joint checking account together with two (2) savings accounts titled in the name of Defendant, of which the account numbers and funds on deposit are unascertained. 14. All funds on deposit in savings accounts described in the preceding paragraph constitute a portion of marital property of the parties as that term is defined in Section 401 of the Divorce Code. 15. Defendant has had all locks changed on the marital residence since the date of separation and has denied Plaintiff access to that residence. 16. Plaintiff believes and therefore avers that the aforementioned marital property now titled solely in Defendant's name and other marital property currently titled in joint names and/or under Defendant's exclusive control is in imminent danger of being dissipated, encumbered or otherwise placed beyond the jurisdiction of this Court. 17. RLESO. SARTO. JR. In view of Defendant's conduct above enumerated, Plaintiff .ND ASSOCIATES ,~o~.~$~ believes and therefore avers that Defendant has improperly -4- attempted to restrict and/or deny Plaintiff access to property constituting a portion of the parties' marital property. 18. Unless this Court enters an injunction against Defendant restraining her from further unauthorized and improper acts designed to exclude Plaintiff from the use and enjoyment of the aforementioned and other assets constituting a portion of the parties' marital property, Plaintiff will suffer irreparable harm. 19. Plaintiff has no adequate remedy at law. 20. Defendant will not be prejudiced by the relief requested herein. WHEREFORE, Plaintiff respectfully requests that this Court enter an Order, preliminary until hearing and permanent thereafter: (a) Enjoining Defendant from any and all further acts inconsistent with or prejudicial to Plaintiff's interest in any asset constituting a part of the marital property of the parties, including disposing of, alienating, or encumbering any assets of marital property; and RLESOoBARTO. JR. (b) Enjoining Defendant from removing any marital property ND ASSOCIATES TTORNE~S^T~W from the jurisdiction of this Court; and RRISBURG, PA 1710! -5- (c) Directing Defendant to forthwith file an accounting with this Court disclosing the current whereabouts and value of all funds constituting a part of the marital property of the parties which Defendant has withdrawn from any commercial bank or savings institution since December 28, 1986; and (d) Directing Defendant to identify by complete description the nature of and whereabouts of any property, real or personal, tangible or intangible, which she has acquired with any funds obtained from any of the bank accounts described herein since December 28, 1986; and (e) Directing Defendant to identify by name, address and telephone number any person having any interest in any of the property described or identified pursuant to this Order and further describing the exact nature of said persons' interest in said property; and (f) Directing Defendant to forthwith transfer to the custody of the Court all funds constituting a portion of the marital property of the parties now titled in Defendant's name solely; and (g) Granting Plaintiff such other and further equitable relief as this Court may determine just and proper under the circumstances. Suzan~e Rauer, Esquire CHARLES 0. BART0, JR. AND ASSOCIATES RLES O. BARTO, JR. 608 North Third Street .ND AS$OC,ATE~ Harrisburg, Pennsylvania 17101 ,TTORN£¥$ AT LAW RR'S~U~.pA,7,O, (717) 236--6257 Attorney for Plaintiff --6-- CARL P. MITCHELL, SR., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW : NO. 1987 ALICE VIRGINIA MITCHELL, Defendant : IN DIVORCE AFFIDAVIT CARL P. MITCHELL, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I 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 Domestic Relations Office, which list is avail- able to me upon request. 3. Being so advised, I do ~request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. Sworn and subscribed to before me RLES O. BARTO, JR. this ~X~ day of ND ASSOCIATES ~// CHRISTINE M. M,~,R~ ~ ~ O?,~? AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : I verify that the statements made in this Complaint are true and correct to the best of my personal knowledge 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. CARL P. MITCHELL, SR. Sworn and subscribed to before me this ~ day ~ ~, . of ~J ~ 1987 i.~-'? ~ , ' ?ublic ' ~HRISTINE ~. ~ARS~, ~OTA[~Y PUBUC My Commission [xpircs ~,~&y 2, 1989 Harrisburg, PA Da~JphJn County ~ARIE$ O. BARTO, JR. AND ASSOCIATES CARL P. MITCHELL, SR., : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : CIVIL ACTION - LAW : NO. 1987 ALICE VIRGINIA MITCHELL, : Defendant : IN DIVORCE NOTICE OF COUNSELING TO: CARL P. MITCHELL, Plaintiff ALICE VIRGINIA MITCHELL, Defendant A divorce action has been filed in the Office of the Prothonotary of Cumberland County. In connection with this divorce, you are hereby notified that marital counseling is available to you. A list of qualified professionals who provide such service is available at the Prothonotary's Office in the Cumberland County Courthouse. This list will be made available to you upon request but you are not bound to chose from this list. If the divorce proceedings involve grounds of indignities to the person of an injured and innocent spouse, or that the marriage is irretrievably broken, you have the right to request the Court to order counseling. This request must be made upon proper motion filed with the Court. FOR THE COURT, RLES O. BARTO0 JR. PROTHONOTARY ASSOCIATES RRISBURG~ PA ]710! 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 · Court Administrator Cumberland County Courthouse Hanover and High Streets Carlisle, Pennsylvania 17013 (717) 697-0371 CHARLES O. BARTO, JR AND ASSOCIATES ATTORNEYS AT LAW HARRISBURG, PA 1710! CARL P. MITCHELL, JR., : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : : v. : CIVIL ACTION - LAW ALICE VIRGINIA MITCHELL, : NO. 61 1987 Defendant : IN DIVORCE PRAECIPE TO SETTLE OR DISCONTINUE CASE To The Prothonotary: Please withdraw and discontinue the above-captioned matter. Respectfully submitted, Suzann~ Rauer, Esquire CHARLES O. BARTO, JR. AND ASSOCIATES Attorneys at Law 608 North Third Street Harrisburg, Pennsylvania 17101 (717) 236-6257 Attorney for Plaintiff Dated: March 16, 1987 ~RLES O. BARTO, JR, AND ASSOCIATES ARRISBURGo PA I?lOI