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HomeMy WebLinkAbout02-3059HILARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 judgement 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, 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, PENNSYLVANIA 17013 (717) 249-3166 HILARY H. FELINSKI, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PAUL FELINSKI, NO. ~).'R- V. : IN DIVORCE Defendant : COMPLAINT 1. The Plaintiff is Hilary H. Felinski, who currently resides at 4380 Carlisle, Pike, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is Paul Felinslci, address unknown. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 7, 1981 at Glenolden, Delaware County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c) and 3301(d), in that: a) b) 2002 and continue to do so. The marriage is irretrievably broken. Plaintiff and Defendant have lived separate and apart since June 17, 8. 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. 9. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from August 7, 1981, until June 17, 2002, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to the marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property. Date Respectfully submitted, ~4U~'omr t~' 3~°~eeE q~p Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff I.D.//59020 VERIFICATION I, HILARY H. FELINSKI, verify that the statements made in the foregoing Complaint are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom HILARY H. FJL~LINSKI falsification to authorities. HILARY H. FELINSKI, Plaintiff V. PAUL FELINSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3059 IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 18~ day of July 2002, at 3:45PM, I, Austin F. Grogan, Esq., served upon the Defendant, Paul Felinski, the Divorce Complaint in the above captioned case at the Hampton Inn, Carlisle Pike, Hampden Township, Cumberland County Pennsylvania, Room 271. 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. § 4904 relating to unsworn falsification to authorities. Date Respectfully submitted, Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID # 59020 HILARY H. FELINSKI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-3059 PAUL FELINSKI, : IN DIVORCE Defendant : MOTION FOR EXCLUSIVE POSSESSION AND NOW, this ~]7~ day of December 2002, the Petitioner, Hillary Felinski, by and through her counsel, Austin F. Grogan, Esq. avers the following: 1. The parties are the husband and wife who are fee simple owners of the marital property located at 4380 Carlisle Pike, Camp Hill, Pennsylvania 17011; 2. The Petitioner filed for Divorce raising equitable distribution on or about June 25, 2002; 3. The Defendant is currently unemployed and moving about from home to home living temporarily with various acquaintances in the Cumberland/York County area; 4. The Defendant left the marital home shortly befi~re the Divorce was initiated due to severe alcoholism and potentially other substance abuse issues; 5. The Defendant routinely shows up at the marital ihome intoxicated to the point that the Petitioner fears for her safety, however, no physical violence has been directed towards the Petitioner; 6. The Hampden Township Police have routinely responded to calls regarding the safety of the Petitioner due to the Defendant's extreme intoxication; 7. The Petitioner fears for her safety, as well as the safety of her husband, should he be allowed to show up at the marital home while deeply involved in his alcoholism. WHEREFORE, the Petitioner respectfully requests this Honorable Court to grant the Petitioner exclusive possession of the marital home and Order the Defendant to stay away from the marital home until further Order of Court. Respectfully submitted, Austin F. Grogan, ~q. 24 North 32nd Street Camp Hill, PA 17011 (717) 737-1956 Attorney for Plaintiff ID # 59020 VERIFICATION I, HILARY H. FELINSKI, verify that the statements made in the foregoing Motion are true and correct to the best of my knowledge, information, 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. Date HILARY ~ FELINSKI HILARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-3059 · IN DIVORCE RULE TO SHOW CAUSE AND NOW, this ~? day of. ~L[~_:[~, 20 GZ, upon consideration of the within Motion, a Rule is granted on the Defendant to show cause why the Court should not grant the Petitioner's request for exclusive possession of the marital home and Order the Defendant to stay away from the marital home. Rule returnable and hearing scheduled the ~6-cch day of ~ , 20t3~., at ~t3~ Ox m., in Court Room ~ of the Cumberland County Court House, Carlisle, Pennsylvania. BY THE COURT: JUDGE HILARY H. FELINSKI, Plaintiff V. PAUL FELINSKI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3059 : : IN DIVORCE ORDER AND NOW, this day of ~, 200~-it is hereby Ordered and Directed that the Hearing scheduled for December 30, 2002 at 10:45AM be rescheduled for the 8__~~ day of January, 2003 at I:30PM in Courtroom #2 of the Cumberland Coumy Courthouse, Carlisle, Pennsylvania. Edgar B. 'Bayl~f~J. ~ HILARY H. FELINSKI, Plaintiff Vo PAUL FELINSKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3059 CIVIL TERM _ORDER OF COUR~T AND NOW, this 8th day of January, 2003, the parties having appeared on a petition by plaintiff for exclusive possession of a marital residence in Hampden Township, and defendant requesting time to retain counsel, which is unopposed by plaintiff, the hearing is continued and is rescheduled for 8:45 a.m. on Thursday, March 27, 2003. Edgar B.'~a ley, J o Austin F. Grogan, Esquire For Plaintiff Paul Felinski, pro se c/o Madison House 555 Madison Avenue York, PA 17404 Sheriff prs HILARY H. FELINSKI, : Plaintiff : : V. : : PAUL FELINSKI, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERL~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02-3059 CIVIL TERM ORDER OF COURT AND NOW, this 27th day of March, 2003, this matter having been called on a petition by plaintiff for exclusive possession of the marital residence at ~380 Carlisle Pike, Hampden Township, Pennsylvania, IT IS OFFERED that Hilary H. Felinski is granted exclusive possession of that residence, and that defendant, Paul Felinski, is excluded from entering the residence or being on the property at any time pending any further order of this court. Austin F. Grogan, Esquire For Plaintiff Paul Felinski, defendant 1230 Friendship Street Philadelphia, PA 19111 Sheriff prs HILARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3059 : : IN DIVORCE Rule to Show Cause Why Defendant Should Not Be Compelled to Cooperate in S~lllno~ the Marital Home and Harley-Davidson Motorcycle TO THE HONORABLE EDGAR B. BAYLEY, J. AND NOW, this ~ day of JULY 2003, the Petitioner, Hilary Felinski, by and through her counsel, Austin F. Grogan, Esq. avers the following: 1. The parties are the husband and wife who are fee simple owners of the marital property located at 4380 Carlisle Pike, Camp Hill, Pennsylvania 17011; are the owners of a Harley-Davidson motorcycle which is marital 2. Parties property; 3. 2002; 4. The Petitioner filed for Divorce raising equitable distribution on or about June 25, The Defendant is currently unemployed and n~toving about from home to home living temporarily with various acquaintances in the Cumberland/York/Philadelphia Counties; 5. The Defendant left the marital home shortly before the Divorce was initiated due to severe alcoholism and potentially other substance abuse issues; 6. Plaintiff continues to pay the mortgage and motorcycle note payments without any contribution from the Defendant; 7. The Plaintiff does not fell safe in the marital home due her fear of the defendant and concerns for her safety; 8. Defendant is without any means of support to assist in the mortgage payments and motorcycle note payments; 9. Plaintiff desires to sell the marital home, satisfy the mortgage pay all related fees for selling the home and deposit the remaining money in an interest bearing account until the divorce is completed; 10. Plaintiff desires to sell the motorcycle, satisfy the outstanding note pay any related fees associated in selling a motorcycle and deposit the remaining money in an interest bearing account until the divorce is completed; WHEREFORE, the Petitioner respectfully requests this Honorable Court to allow Plaintiff to sell the marital home and motorcycle. Respectfully submitted, COYNE & COYSCE, P.C. Austin F. Grogan,, Esq. 3901 Market Street Camp Hill, PA 17011 (717) 737-0464 Attorney for Plaintiff ID # 59020 Date VERIFICATION I, HILARY H. FELINSKI, verify that the statements made in the foregoing Motion are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date HILARY H .~y~l~LINSKI HILARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3059 : : IN DIVORCE ORDER AND NOW, this I q~'t day of Q6L~ , 2003, it is hereby Ordered and Directed that a Hearing is schedule for ~.. ,the 7~5( day ~,~v~:~ of at [,'~) in Courtroom # o~ of the Cumberland County Courthouse, Carlisle, Pennsylvania. HILARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3059 IN DIVORCE CERTIFICATE OF SERVICE I, Lisa Made Coyne, Esquire, of Coyne & Coyne, P.C., hereby certify that true copy of the Plaintiff's Rule to Show Cause Why Defendant Should Not Be Compelled to Cooperate in Selling the Madtal Home and Harely-Davidson Motorcycle and Order of Court, dated July 17, 2003 was served this date upon the below-referenced individuals at the below listed address by way of first class mail, postage pre-paid: Mr. Paul Felinski 1230 Friendship Street Philadelphia, PA 19111 Dated: COYNE & COYNE, P.C. / {7/sa .Made Coyne,lEsq. ustin F. Grogan, ~Esq. [~/~mM~et Street Camp Hill, PA 17011-4227 Pa. Supreme Ct. No. 53788 HILARY H. FELINSKI, PLAINTIFF V. PAUL FELINSKI, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 02-3059 CIVIL TERM ORDER OF COURT _~'~[¢'1,'""' day of December, 2003, following a hearing, AND NOW, this IT IS ORDERED: (1) The parties' home at 4380 Carlisle Pike, Hampden Township, Cumberland County, shall be sold at a price agreed to by the parties. The parties shall cooperate in selling the residence and executing all necessary documents. (2) All proceeds shall be placed in escrow in a joint interest bearing account in the name of Hilary H. Felinski and Paul Felinski. The funds shall remain in escrow until either an agreement for distribution or an order of court for distribution. (3) The parties' Harley-Davidson motorcycle shall be sold at a price agreed to by the parties. The parties shall cooperate in selling the Harley-Davidson motorcycle and executing all necessary documents. (4) All proceeds shall be placed in escrow in a joint interest bearing account in the name of Hilary H. Felinski and Paul Felinski. The 'Funds shall remain in escrow until either an agreement for distribution or an order of court for dist~ ~' 0¢),,, O ~ Edgar B. Bayley~ Austin F. Grogan, Esquire For Plaintiff Paul Felinski, Pro se 1230 Friendship Street Philadelphia, PA 19111 :sal HILARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3059 IN DIVORCE A$'FiI~AVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 25, 2002. 2. The marriage of plaintiff and 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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. mI A 'i' //FELINS d, Plaintiff HILARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-3059 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 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 unswom falsification to authorities. Date: I~ILAI~Y H~FELINSKI, Plaintiff H1LARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3059 IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on June 25, 2002. 2. The marriage of plaintiff and 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 after service of notice of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities. Date: L~.~, v~/ I% JUN 2 ,~ 2O04 HILARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3059 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divome 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 in this affidavit are tree 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. PAUL FL~INS~, D~endant ' HILARY H. FELINSKI, Plaintiff V. PAUL FELINSKI, Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 02-3059 : :IN DIVORCE TO THE PROTHONOTARY: Date: pRAECIPE Kindly discontinue Count II- Equitable Distribution: Austin F. Grogan, ES~./ Attorney for Plaintiff Pa. Supreme Ct. No. 59020 HILARY H. FELINSKI, Plaintiff PAUL FELINSKI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3059 IN DIVORCE .PRAECIPE TO TRANSMIT RECORD TO TIlE PROTHONOTARY: Kindly 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) of the Divorce Code. 2002. Date and manner of service of the complaint:. Personal service on July 18, 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: June 25, 2004, by plaintiff on; June I 0, 2004, by defendant 4. Related claims pending: _NONE 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 29, 2004 (c) Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: June 29, 2004 Austm F. Grogan,~SQ/j ~ Attorney for Plaintiff (~ Date: Pm Supreme Ct. 3[o. 59020 IN THE cOUrt OF COIVlMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. HILARy. H._ FELINSKX .......................... Plaintiff ........ Versus PAUL..~. FELINSKI~ .......... DEFENDANT No .... Q2r~Q59 ................ 19 DECREE IN ~ DIVORCE AND NOW,. t. ,UJ.~ .................... -d971. ..... it is ordered and decreed thor .......aZZ~Ry, g...mEL;NSK~[. .................... , plointiff, and ................p.a{J;.. ¢....F~.L~.,SK.~. ..................... , 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;