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HomeMy WebLinkAbout06-3584 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA Cindy L. D. Wilson., ) Civil Action - Law Plaintiff, ) ) Olo - .J st''I e;()~L ~~ vs. ) No. ) Brian A. Wilson, ) Defendant, ) In Divorce a v.m. NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims setforth 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 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 of the Franklin County Court House, First Floor, Chambersburg, 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 MA YLOSE 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (P A Only) or (717) 238-6715 AMERICANS wrrn DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. AU arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cindy 1. D. Wilson, ) Civil Action - Law Plaintiff, ) ) 6l. - .3Stfy C(')l[l~ vs. ) No. ) Brian A. Wilson, ) Defendant, ) In Divorce a v.m. COMPLAINT UNDER SECTION 3301(A) OR 3301(C) OR 3301(D) OF THE DIVORCE CODE COUNT I DNORCE I. Plaintiff is Cindy 1. D. Wilson, a sui juris adult, who currently resides at 2007 Pine Road, Newville, Cumberland County, Pennsylvania, since March 2001. 2. Defendant is Brian A. Wilson, a sui juris adult, who currently resides at 2007 Pine Road, Newville, Cumberland County, Pennsylvania, since March 2001. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 10,2001 in Centerville, Cumberland County, Pennsylvania. 5, There have been no prior actions of divorce or annulment of marriage between the parties except the action represented by this Complaint. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8. 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. 9. Plaintiff requests the court to enter a decree of divorce. COUNT IT EOUITABLE DISTRIBUTION - SECTION 3502 10. The allegations of paragraphs I through 8 hereof are incorporated herein as fully as though set out at large. II. The parties have been unable to determine and equitably dispose of their respective rights and interests in the marital property. 12. Plaintiff will, within 60 days after service of this Complaint upon the Defendant, cause to be filed an inventory and ~ppraisement of all property owned or possessed at the time this Complaint is filed. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide, distribute and assign the marital property pursuant to the provisions of Section 3502 of the Divorce Code. 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. Section 4904, relating to unsworn falsification to authorities. t~J.f) )A~ Cindy L. D. Wilson, Plaintiff BARLEY SNYDER Date: 10/;70.1 I Clio ~1t1A.g~ ~uz e M. Trinh, Esquire Attorney for Plaintiff ~ 1\ ~ ~ E -t ~ ~ ~ Qj ::c D~c> . D. ~ g ~ I I (j ;,:::~:; ~:) c-= 6~~ ::'n :=! ". f:~rj'_:;' r',,) ,:~~; W 1 ~~ r~ J-~ ~ :r:., ) \.:.::.:;. "'~I ;-" ~.::J C~J .--<; , ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cindy L. D. Wilson, ) Plaintiff, ) ) vs. ) ) Brian A. Wilson, ) Defendant, ) Civil Action - Law No. 06-3584 Civil Term In Divorce a v.m. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF FRANKLIN ) Suzanne M. Trinh, Esquire, being duly sworn according to law, deposes and says that she is the attorney for the Plaintiff, Cindy L. D. Wilson, in the above-captioned matter; that she did serve a true and attested copy of the Complaint Under Section 3301 (a), 3301(c) or 3301 (d) ofthe Divorce Code, by mailing the same to Defendant, Brian A. Wilson, by certified mail, restricted delivery, article number 7160 3901 9844 02341866, on June 26, 2006 to his mailing address of2007 Pine Road, Newville, Pennsylvania 17241; that said certified mail article was delivered to Defendant, Brian A. Wilson, on June 30, 2006, all as appears from the receipt for certified mail and the return receipt attached hereto. BARLEY SNYDER By: ~ ,f;-J '1't.v"( y1/l ',Z~ t /S e M. Trinh, Esquire Att ey for Plaintiff Sworn and subscribJ1i t~ before me this '7 tl:l day of ~JJ ' 2006. J~ J fJmYl~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shannon L Freeman, NotaIy Public Chambersburg Boro, Ftanklin County My Commission Expires Apr. 7, 2009 Member. Pennsvlvania As~ociati(ln (If NolllY!e" r ~I.- .............,'.;>~,7','~,,~~- ~4.... .. -. ... - ~ ?U.O JIm ...... DDI J&I. . s. Service Type CER11FIED MAIL 4. IWb1cted DelIwry? (Extra Fee) Yes h=~~s~n 2007 Pine Road Newville, Pennsylvania 17241 Cindy L. D. Wilson .-s Form .11, oUt 2001 tJAgInt ."... ... DNo S. Trinh DomeIIc A8lum RIoelpt C) ~ r., (~ ) -q Kathleen Misturak-Gingrich, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, Pennsylvania 17 I 09 (717) 657-4795 hingrich@dzeJaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CINDY L. D. WILSON, Plaintiff CIVIL ACTION-LAW v. No. 06-3584 Civil Term BRIAN A. WILSON, Defendant (In Divorce) PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of Brian A. Wilson, the Defendant in the above-captioned divorce action. Respectfully submitted, DALEY, ZUCKER Be GINGRICH, LLC Date:~tJ,J:, I( "?rr/o /' ^ l~Lu..-- ~l"'- ~ Kathleen Misturak-Gingrich, Esquire Attorney I.D. No. 41682 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 ,) i''':; c:-: .-4 i";"\ ,-;", , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cindy L. D. Wilson, Plaintiff CIVIL ACTION - LAW No. 06-3584 Civil Term v. Brian A. Wilson, Defendant IN DIVORCE a v.m. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce Under Section 3301(a), 3301(c), or 3301(d) of the Divorce Code was filed on June 23, 2006. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the filing and service ofthe Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry ofthe Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 63301(c) OF THE 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, 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Date: irJ -I'; -CJ~ r l~~ JfJ A~ Cindy L. . WIlson o ~ '-::--; :::< r--.> <::=> = Q"'\ C? r"r1 CJ ~ -4 -r:.,., rn~ -oEi :::0 '-,/ ::')(J...) ..:,~~.:\ (do om -\ ~> ~ w -0 ::;:;: w .' C> 0"\ . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cindy L. D. Wilson, Plaintiff CNIL ACTION - LAW No. 06-3584 Civil Term v. Brian A. Wilson, Defendant IN DNORCE a v.m. AFFIDAVIT OF CONSENT 4. A Complaint in Divorce Under Section 3301(a), 3301(c), or 3301(d) of the Divorce Code was filed on June 23, 2006. 5. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of both the filing and service of the Complaint. 6. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 7. I consent to the entry ofa final Decree of Divorce without notice. 8. 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. 9. 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904, relating to unsworn falsification to authorities. Date: /;1- Y'-O(; ~ / ~,. Brian A. WIlson ...-" (') c ~:~ I'.) = (::.:.::J 0"'> CJ '-'-1 CJ o .,. :r..,., m -'-l' r- -'71T1 ;l? S:J ~-~O f~:;;::r, . .J-.- ',7() Or(1 -I ~ -< <...> -0 :Jr: (.,.) <:::) 0'" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Cindy L. D. Wilson, ) Plaintiff, ) ) vs. ) ) Brian A. Wilson, ) Defendant, ) Civil Action - Law No. 06-3584 Civil Term In Divorce a v.m. 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) ofthe Divorce Code. 2. Date and manner of service of the Complaint: June 30, 2006 - Certified Mail; 3. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by Plaintiff, December 12,2006; by Defendant, December 4,2006; 4. Related claims pending: Resolved through private Agreement; 5. (a) Date Plaintiffs Waiver of Notice in Section 330l(c) Divorce was filed with the Prothonotary: December 13, 2006; (b) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: December 13, 2006. BARLEY SNYDER By: /' Sui e M. Trinh, Esquire Attorney for Plaintiff 1765658 .~ /' f"'--..) ?;~ c:::J r-'.""l (""") o "Tl ~\ ~-rl fI1 ~;; (J'J l..C' (.oJ .3 ?I'~?'/n..r1,?~-7 v 'f9,'n" ~ ".-, ~'/'ftPf .~,~iJ>/ ',' ;' tf' vI ~/1 //- d" r 7/. 7' /r~ -'1l- it: ~ f/P %-. P/tf'JfilI ~7PTJ '1(/' ~f' / . Y> '/- r 'I' f 'f/' -.' .