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Home My WebLink About02-1478F:WILES~DATAFILE\Gendo~.cur~ 104862 -corn l\tde Created: 03/26/02 10:21:55AM RevVed: 93/26/02 01:53:55 PM 10486.2 BARBARA STEEL WILDAY, Plaintiff BRIAN SCOTT WILDAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- /qT~0 ~a~.L~'q~X-,~'/ civn ACTION- LAW 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 judgrnent 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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, Pennsylvania 17013 Telephone (717) 249-3166 BARBARA STEEL WILDAY, Plaintiff BRIAN SCOTT WILDAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- I~ ~]~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiffis Barbara S. Wilday, who currently resides at 106 Mountainview Drive, Mt. Holly Springs, Cumberland County, PA 17065, and has resided there since May, 1993. 2. Defendant is Brian Scott Wilday, who currently resides at 106 Mountainview Drive, Mt. Holly Springs, Cumberland County, PA 17065, and has resided there since July, 1999. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 1, 1999 at Boiling Springs, PA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage 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 requests the Court to enter a decree of divorce. Date: March 26, 2002 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the exter~ that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ara S. Wi]day ' BARBARA STEEL WILDAY, Plaintiff V. BRIAN SCOTT WlLDAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- t L~ CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWE~TH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant Brian Scott Wilday at 2311 North Front Street, Apt. 914, Harrisburg, PA 17110 on March 27, 2002 by certified mail, restricted delivery, return receipt requested. Attached is the Post Office return receipt signed" Brian S. Wilday" and dated March 29, 2002. Sworn to and subscribed before me this 1st day of April, 2002. INOTARIAL SEAL I TRICIA D, ECKENROAD Notary Public Carlisle Boro. Cumberland County My Commission Exoires Oc~. ~ 2004 Item 4 if I · Prrlt D. a Oaave~ O Yea 1'7 3. · Ce~lfled Mail [] Expreaa Mail r'3 Registered [] Return Re~4pt for Merclmael~ [] Insul~ad Mail r-I C.O.D. 4. Reatflc/~d Delivef~ ~-xba Fee) ~Yee 2. A~k31e Number ~ 3811, Mamh 2~1 ~ ~ ~ BARBARA STEEL WILDAY, Plaintiff Vo BRIAN SCOTT WlLDAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1478 CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on March 26, 2002. I acknowledge receiving a true and correct copy of the Divorce Complaint, said copy being served upon me by Certified Mail, Restricted Delivery, on March 29, 2002. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c} AND § 3301(d) OF TIlE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI 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 and waiver 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. ~/ ~ ~ ' Brian S. Wifday, Defendan~ BARBARA STEEL WILDAY, Plaintiff Vo BRIAN SCOTT WILDAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1478 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 2002. A Complaint in Divorce under § 3301 (c) of the Divorce Code was filed on March 26, 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 3301 (d) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses ifI 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 and waiver 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. ~bara S. Wilday~ Plai~iff - c~ o BARBARA STEEL WILDAY, Plaintiff BRIAN SCOTT WILDAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1478 CIVIL ACTION- LAW IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the complaint: See Affidavit of Service, as filed. 3. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; July 22, 2002, by the Defendant; July 22, 2002. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 22, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: July 22, 2002. Date: July 29, 2002 MARTSON DEARDORFF WILLIAMS & OTTO Edward L. Schorpp, Esquire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. BARBARA STEEL WILDAY ............................................. Plai~tif£ ..................... Versus BRIAN SCOTT WILDA¥~ .................................... Defendant ............... .................. {~ 2002 DECREE IN DIVORCE AND NOW ............ /~'-~....,-~..." ...... xtcg.2.qq~.., it is ordered and decreed that BARBaR~ STEEl', WTT.DA¥ , plaintiff, and BRTAN SCOT~ WTLDA¥ 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; None, F:'tFILES'tDATAFILE\Gendoe.cur\ 104862-t~t ake,maid Created: 07/01/02 12:17:23 PM Rcvls~l: 08/06/02 01:32:48 PM 10486.2 BARBARA STEEL WILDAY, Plaintiff BRIAN SCOTT WILDAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1478 CIVIL ACTION - LAW IN DIVORCE NOTICE OF EI,ECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter having been granted a Final Decree in Divorce from the bonds of matrimony on the 30th day of July, 2002, hereby elects to retake and hereafter use her previous name of Barbara Elaine Steel and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 2, 54 Pa. C.S.A. Section 704. "~i~'a~ure - married name) ~ - to be known~ ) -- COMMONWEALTH OF PENNSYLVANIA ) :SS. COUNTY OF CUMBERLAND ) On theO4)~ day of ~ , 2002, before a Notary Public, personally appeared Barbara Steel Wilday, to be now knox~n as Barbara Elaine Steel, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. ~- NOTARIAL SEAL '~~ I'RICIA D. ECKENROAD, Notary Public Ca_flisle Boro., Cumberland County ~'My ~l~mrv!~ai.._en__~mir-es net 2~2004