Loading...
HomeMy WebLinkAbout06-6968CAROL ANN GARLING, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, C7? ?QL l u V. :NO: : CIVIL ACTION - LAW TIMOTHY E. GARLING, 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another 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, 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 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, PA 17013 (717) 249-3166 CAROL ANN GARLING, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, O?o ?ogC.d? 1. V. :NO: CIVIL ACTION -LAW TIMOTHY E. GARLING, Defendant. : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Carol Ann Garling, by and through her attorneys, Mancke, Wagner & Spreha, and files the following Complaint in Divorce: 1. The Plaintiff, Carol Ann Garling, is an adult individual currently residing at Roxbury Road, Shippensburg, Cumberland County, Pennsylvania. 2. The Defendant, Timothy E. Garling, is an adult individual currently residing at 322 Fire House Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married on May 30, 1986, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. There was one child born unto the marriage, Ryan, who is emancipated. 7. Neither Plaintiff nor Defendant are members of the Armed Forces of the United States or any of its Allies. 8. Plaintiff has been advised of the availability of counseling and that she has the right to request that the Court require both parties to participate in counseling. 9. The Plaintiff avers as grounds on which this action is based are: a. that the marriage is irretrievably broken pursuant to §3301(c) of the Divorce Code; b. that as of October 1, 2008, the parties will have lived separate and apart for a period of at least two (2) continuous years pursuant to §3301(d) of the Divorce Code; and c. that the Defendant has offered such indignities to the person of the Plaintiff as to render the condition of the Plaintiff intolerable and life burdensome pursuant to §3301(a) of the Divorce Code. WHEREFORE, Plaintiff prays this Court to enter a Decree in Divorce. COUNTI EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 above are incorporated herein by reference and made a part hereof. 11. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code of 1980. WHEREFORE, Plaintiff prays this Court: a. Enter a Decree in Divorce; b. Equitably distribute all property, both real and personal, owned by the parties; and c. Grant such other relief as the Court may deem appropriate. Respectfully submitted, Mancke, Wagner & Spreha Attorneys for Plaintiff Date: %/ d D 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. QA Q CA-, DATE: ) l 91 U I'D N fly, w ? Fri ?a CAROL ANN GARLING, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO: 06-6968 CIVIL TERM CIVIL ACTION -LAW TIMOTHY E. GARLING, Defendant. PETITION FOR SPECIAL RELIEF AND NOW, comes the Plaintiff/Petitioner, Carol Ann Garling, by and through her attorneys, Mancke, Wagner, Spreha & McQuillan, and files the following Petition For Special Relief 1. Your Petitioner, Carol Ann Garling, is the Plaintiff in the above-captioned matter. 2. The Respondent, Timothy E. Garling, is the Defendant in the above-captioned matter. 3. The parties own property situate at 322 Firehouse Road, Shippensburg, Cumberland County, Pennsylvania, which is the marital home. 4. On the marital home, there is a mortgage to Washington Mutual, payable at the rate of $1,300.00 per month. 5. The Respondent herein has resided in the aforementioned marital home, together with the parties' son, Ryan (who has already graduated from high school). 6. The Respondent herein is employed by the County of Franklin in the capacity of security. 7. Petitioner herein recently was served by notice from the Sheriff of Cumberland County that the mortgage is in default in that the Respondent has not been paying the mortgage on the marital home. 8. Petitioner reasonably believes that there is at least $50,000.00 worth of equity in the marital home. 9. The marital home represents what the Petitioner believes to be the single largest marital asset in the marriage. 10. When Petitioner herein confronted the Respondent concerning the foreclosure, Respondent also indicated that not only was he not going to pay the mortgage, but that he was going to begin to sell the personal property that the parties have accumulated during the course of the marriage, which Petitioner believes to be well in excess of $10,000.00. 11. Because of the Respondent's refusal to pay the mortgage, although he is living in the home solely, and because the Respondent has indicated that he is going to begin to sell marital assets in the form of personal property, Petitioner believes and therefore avers that unless the Court grants her a hearing, and that relief is requested, there could be a dissipation of marital assets. 12. Petitioner believes and therefore avers that the Respondent should be directed to bring the mortgage current and make the monthly mortgage payments so as not to loose the marital asset. -2- 13. Petitioner believes and therefore avers that it is necessary for an injunction to be entered against the Respondent preventing him from transferring, selling, giving away, or otherwise disposing of marital personal property. WHEREFORE, Petitioner requests the Court to grant relief as follows: A. direct the Respondent to pay for the mortgage on the property and otherwise keep it current until disposition through the equitable distribution procedure of the Court; B. enjoin the Respondent from transferring, selling, giving away or otherwise dissipating any marital personal property of the parties; and C. such other relief as the Court may deem appropriate. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan F P chard , Esqui #231 2233 No Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff/Petitioner Date: 7 p -3- VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. DATE: ??p 7 t •' G?ry ~? ?''? ? ? '} "??. ?? © r? r?? ?^ -? O t / _? > i w f .. 17 ?,_A '? ? ?...? ` L ? T?? T S ?"' CAROL ANN GARLING, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. TIMOTHY E. GARLING, NO: 06-6968 CIVIL TERM CIVIL ACTION -LAW Defendant. RDE AND NOW, this_day of , 2007, upon Petition of Carol Ann Garling, a Rule is hereby issued upon the Defendant, Timothy E. Garling, to show cause why, if any, the relief requested should not be granted. RULE RETURNABLE the 13 day of #A 1 1111- , 2007, at /0, 30 o'clock CA m. in Courtroom No. 2 of the Cumberland County Courthouse, Carlisle, Pennsylvania. Pending outcome of the hearing, Defendant, Timothy E. Garling, is hereby enjoined from selling, transferring, and/or giving away, any cl-i =t..n_J-- .=.1 N CAROL ANN GARLING, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY E. GARLING, DEFENDANT 06-6968 CIVIL TERM ORDER OF COURT AND NOW, this 1 day of August, 2007, the hearing scheduled for this date on the petition of Carol Ann Garling for special relief is continued and rescheduled to commence at 1:30 p.m., Wednesday, September 5, 2007, in Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania. By the Edgar B. Bayley, J. P. Richard Wagner, Esquire - eoPy pfA 04PLUX 9,bV i For Carol Ann Garling _ dopy rnk# Lec L :sal j0/i316 7 -'=/? C? c Q C- o z? ?; w u i > _ o rn CAROL ANN GARLING, Plaintiff V. . TIMOTHY E. GARLING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-6968 CIVIL TERM ORDER OF COURT AND NOW, this 5th day of September, 2007, this matter having been called today on a petition by Carol Ann Garling for special relief, IT IS ORDERED: 1. Timothy E. Garling, who is living in the marital residence at 322 Firehouse Road, Shippensburg, Cumberland County, shall, from this date forward, pay the $1,300.00 per month mortgage payment to Wells Fargo Bank on the first of each month, to include immediately paying the payment that was due on September 1, 2007. These payments shall continue until either there is a written agreement of the parties or a further order of court. This order shall not prejudice the respective economic claims of either party in their marital litigation, including any claims that might be made for credits or adjustments. 2. Neither party shall transfer, dispose of or otherwise liquidate any personal property in the marital home pending written agreement of the parties or furttYer order of court. /P. Richard Wagner Esquire For Plaintiff Sheriff By the C Edaar yley,N J. p r s ?j 6 C • I I WV 9- d3S [00Z P. Richard Wagner, Esquire PA Supreme Court HX 23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 2347051 Fax (717) 2347080 Attorney for Plaintiff CAROL ANN GARLING, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 06-6968 : CIVIL ACTION -LAW TIMOTHY E. GARLING, IN DIVORCE Defendant. NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated October 1, 2006, and have continued to live separate and apart for a period of at least two (2) continuous years. 2. The marriage is irretrievably broken. 3. 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. 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 unworn falsification to authorities. , Carol Ann Garling Date: /?//Id C) C:Dp C- F3 rn P. Richard Wagner, Esquire PA Supreme Court 1D# 23103 Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff CAROL ANN GARLING : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. : NO. 06-6968 CIVIL ACTION - LAW TIMOTHY E. GARLING, IN DIVORCE Defendant. DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (0/(a) I do not oppose the entry of a divorce decree. ( ) (b) I oppose the entry of a divorce decree because (Check (i) or (ii), or both): O The parties to this action have not lived separate and apart for a period of at least two years. W(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (/a) I do not wish to make any claims for economic relief. 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. r r • () (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. b I understand that in addition to checking above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth in the Notice of Intention to Request a Decree in Divorce, a Decree in Divorce may be entered without further notice to me and I should be unable thereafter to file any economic claims. I verify that the statements made in this Counter-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. Timothy E. gading DATE: K? P. Richard Wagner, Esquire PA Supreme Court ID# 23103 Mancke, Wagner, Spreha & McQuillan 2233 North From Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff CAROL ANN GARLING, V. TIMOTHY E. GARLING, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-6968 : CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of MANCKE, WAGNER, SPREHA & McQUILLAN, do hereby certify that I am this day serving a copy of the Plaintiffs Affidavit and Defendant's Counter-Affidavit under Section 3301(d) of the Divorce Code to the Defendant, Timothy E. Garling, and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by certified mail, restricted delivery, return receipt requested, and by first class mail, addressed as follows: Mr. Timothy Garling 11701 Bard Road Shippensburg, PA 17257 By Debra K. Spinner, Secretary Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 Date: D P. Richard Wagner, Esquire Attorneys for Plaintiff ` = 'z' C) 71 z=f - -r rv -J?f'f"1 P. Richard Wagner, Esquire PA Supreme Court ID# 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax (717) 234-7080 Attorney for Plaintiff CAROL G ING, : IN THE COURT OF COMMON PLEAS : DAUPHIN COUNTY, PENNSYLVANIA Plaintiff, V. TIMOTHY E. GARLING, : NO: 06-6968 : CIVIL ACTION -LAW IN DIVORCE Defendant. TO THE PROTHONOTARY: PRAECIPE Please withdraw Count I of Plaintiffs Complaint. Respectfully submitted, Mancke, Wagner, Spreha & McQuillan Richar er, Esquire I.D. #23 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: d ?? 4 4 r r i 4 .., r .i^p rn ? r6? JJ F -% CAROL ANN GARLING, V. Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO: 2006-6968 - CIVIL TERM : CIVIL ACTION - LAW TIMOTHY E. GARLING, Defendant. IN DIVORCE PRAECIPE TO TRANSMIT THE 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), 3301(d) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: December 9, 2006 by certified mail, restricted delivery, return receipt requested. 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 N/A By Defendant: N/A (b) (1) Date of Execution of the Plaintiff's Affidavit required Section 3301(d) of the Divorce Code: 10/1/08 (2) Date of service of the Plaintiffs Affidavit unto the Defendant: 10/10/08 4. Related claims pending: None 5. (Complete ether (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit the Record, and attach a copy of said Notice under Section 3301(d) (l)(i) of the Divorce Code: certified and regular mail on or about 11/3/08 (b) Date Plaintiirs Wavier of Notice was filed with the Prothonotary: N/A (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: N/A P. Ri Wagner, Esq. Attorney for Plaintiff C a ? C? cn ?? co # _' Mr. Timothy Garling 11701 Bard Road Shippensburg, PA 17257 By diia_ Debra K. Spinner, Secretary Mancke, Wagner, Spreha & McQuillan 2233 North Front Street Harrisburg, PA 17110 P. Richard Wagner, Esquire Attorney for Plaintiff P. Richard Wagner, Esquire PA Supreme Court lD# 23103 Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, PA 17110 Telephone (717) 234-7051 Fax(717)234-7080 Attorney for Plaintiff CAROL GARLING, IN THE COURT OF COMMON PLEAS DAUPHIN COUNTY, PENNSYLVANIA Plaintiff, V. TIMOTHY E. GARLING, Defendant. : NO: 06-6968 : CIVIL ACTION -LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Debra K. Spinner, Secretary in the law firm of Mancke, Wagner, Spreha & McQuillan, do hereby certify that on this date a copy of the Complaint in divorce was served upon the following person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing the same in the United States mail, Harrisburg, Pennsylvania, certified, restricted delivery, return receipt requested, and addressed as follows: Date: a & A_ UtH I IFIEU MAIL REG (Domestic Mail Only; No Insurance Cc r? rLJ OFFI C IAL USE M M Postage $ C3 C3 CertlNed Fee 1 Q Fee =-R t Here Postmark (E. squired) C3 Restricted ? (Endo Z rq rl Total Postage & Fees $ V1 C3 C3 -- r Apt NO.; or PO Box No. ? ?' ' Clly, State. ZJP+4 - - - ° - -- -° --- - ------°- - 1P ' g \A PS Form 3800, June 2002 See Reverse for nmructior ¦ Complete Items 1, 2, and 3. Also complete Item 4 if Pastricted Delivery Is desired. ¦ Print your name and address on the reverse s6 that we can return the card to you. ¦ Attach this card to the back of the maiipieos, or on the front If space permits. 1. A A to: ? 1lirat tiGa IIn Ph'rSg?rV9 ? P`?? "? A. Sipnahxs x o Agent UfAddresses I3. ( D at ofqai nrery D. Is delivery di%att ftnQm 1? 0 Yea M YES, enter dellmy address below: 3 sw4 a type Utertleed Mail E3 E>?rass Mail U Repktsnd G'Rdtum ReodpttorMerrhwxiise 0 Insured Mail 0 C.O.D. 4. PAsiri lad Daiivery? #5ft Fes) lhs 2' Article "umbw 7005 116 0001 3321 6509 (rrensrer ftm eervroe taDalJ Ps Form 3811, bruary 2004 Domestic Retum Receipt 102595-02-M-1540: ° C) ? ??? ? ?? ?- ? ?, ,?-,-? ,. x - ,? - ' ? ??' _ CAROL GARLING IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. TIMOTHY E. GARLING ; NO 06-6968 DIVORCE DECREE AND NOW, it is ordered and decreed that CAROL GARLING TIMOTHY E. GARLING bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE s ByAhe Court, Attest: J. 474 Prothonotary r-vw 7??- 'del "W ? b . ""