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HomeMy WebLinkAbout02-4221DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737~0100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S. WHEELER, Plaintiff Vo MICHAEL JASON WHEELER, Defendant : CIVIL ACTION - LAW : DIVORCE NOTICE 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 )roceed without you and a decree of divorce or annulment may be :ntered against you by the court. A judgment may also be entered .gainst 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 7374)100 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S. WHEELER, Plaintiff MICHAEL JASON WHEELER, Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT laintiff, DEBORAH S. WHEELER, by her attorney, DIANE G. RADCLIFF, :SQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT I: DIVORCE 1. The Plaintiff is DEBORAH S. WHEELER, an adult individual residing at 78 Honeysuckle Drive, Mechanicsburg, PA 17050. 2. The Defendant is MICHAEL JASON WHEELER, an adult individual residing at 83 Penny Lane, York, PA 17402. 3. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 14, 1981 at Red Lion, York County, PA. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. -2- DIANE G. RADCL1FF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 7374)100 The Defendant United States or any of its Allies. The Plaintiff avers that the grounds on which the based are: is not a member of the Armed Services of the action is The marriage is irretrievably broken; WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: EOUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff and Defendant have acquired property and debts, both real and personal, during their marriage from November 14, 1981 until February 3, 2001, the date of separation, all of which are "marital property" or "marital debts". 11. Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property". 12. Plaintiff and Defendant have been unable to agree as to an equitable division of said property and debts as of the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property and debts of the parties. -3- DIANE G. RADCL1FF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737~)100 13. 14. 15. COUNT III: ALIMONY PENDENTE LITE, ALIMONY Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV: COUNSEL FEES, COSTS AND EXPENSES 16. Paragraphs 1 through 15 are incorporated by reference hereto as fully as though the same were set forth at length. 17. Plaintiff has employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional -4- counsel fees, appropriate. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 7374)100 costs and expenses as are deemed necessary and Respectfully submitft~, ~R~DCLIFF, ESQUIRE ~8 Trind)e Road C~m~i~,PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 -5- VERIFICATION DEBORA/4 S. WHEELER verifies that the statements made in this Complaint are true and correct. DEBORAH S. WHEELER understands that false statements herein are made subject to the penalties of 18 Pa.C.So Section 4904, relating to unsworn falsification to horities. WH~:,:LER DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737d)100 -6- // IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBOR3kH S. WHEELER, Plaintiff MICHAEL JASON WHEELER, Defendant NO. 02-4221 CIVIL TERM CIVIL ACTION -LAW DIVORCE I hereby certify that a true and correct copy of the Complaint in Divorce has been served upon the Defendant, Michael J. Wheeler, by Certified Mail, Restricted Delivery on September 20, 2002. The return receipt is attached hereto as Exhibit UA" and made a part hereof. Respectfully submitted, ~4I~Grind~Io~, ESQUIRE Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff - 1 - // · I~otete items 1, 2, and 3. Also complete Ilem4 if Restricted Delivery is desired. · I~rint your name and address on the reverse · o that we can return the card to you. · Attach this card to the back of the mailpiece, ,,or on the front if space permits. icle/:ldndto: / jT PS Form 3811, July 1999 C/ear/y) iv~ If YES, r-lyes address below: [] No r-i Agent [] Addre~ee 3.. Sen/ice Type ~i~ C.,e~tifted Mall [] Registemcl [] Insured Mail [] Express Mall [] Return Receipt for Memhsm~ee [] C.O.D. 4. Reetdctad Delivery? (Extra Fee) Domestic Return Receipt Yes 102595-99-M-1789 EXHIBIT ~A" RETURN RECEIPT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S. WHEELER, Plaintiff MICHAEL JASON WHEELER, Defendant · NO. 02-4221 CIVIL TERM : : CIVIL ACTION - LAW : DIVORCE PETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Petitioner respectfully represents: 1. The Petitioner, Deborah S. Wheeler, is an individual residing at 78 Honeysuckle Drive, Mechanicsburg, PA 17050, is the Plaintiff in the underlying divorce action, and pleaded the issue of alimony pendente lite in her Complaint filed with the Prothonotary on is an individual residing at is the Defendant in the September 4, 2002. The Respondent, Michael Jason wheeler, 83 Penny Lane, York, PA 17402 and 5 o underlying divorce action. That the Petitioner and Respondent were married on November 14, 1981 at Red Lion, PA and separated on February 3, 2001. That the Respondent has not sufficiently provided support for the Petitioner- That the Respondent is self- employed as a real estate agent with Century 21 Heritage Realty of ~1 Waterford Professional Center, ~art owner of several real estate York, PA 17402. He is also a n York County, PA. He also may be development companies operating ~ a part owner of a title insurance agency. It is estimated that he earns approximately $200,000.00 per year. - 1 - 6. The Respondent's social security number is 202-48-3195. 7. That the Petitioner is self-employed as an independent contractor as a route operator for Earl & Michelle Frady Distribution of 7 cedar Road, Carlisle, PA 17013 and earns approximately $31,200.00 gross per year before expenses and taxes. She estimates that her pre-tax net income after expenses will be less than $20,000.00. She has been employed in this capacity since March 2002. 8. The Petitioner's social security number is 170-54-6917. 9. The Petitioner is not receiving public assistance. 10. That the amount asked by the Petitioner for Alimony Pendente Lite is the maximum amount provided for under the guidelines. WHEREFORE, Petitioner prays that the court enter an Order for Alimony Pendente Lite against the Respondent, as well as require the Respondent to provide medical support for the Petitioner, if appropriate. Respectfully submitted, Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 supreme Court ID # 32112 Attorney for Petitioner VERIFICATION I verify that the statements made in the foregoing Petition for Alimony Pendente Lite are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. I verify that the statements made in this complaint, and attached exhibits if any, are true and correct. - 3 - CERTIFICATE OF SERVICE AND NOW, this day of , 2002, I, Diane G. Radcliff, Esquire, hereby certify that I have this day served a true and correct copy of the foregoing document upon the Defendant, Michael Jason'Wheeler by mailing the same by first class mail, postage prepaid, addressed as follows: Michael J. Wheeler 83 Penny Lane York, PA 17402 Respectfully s~ubmitted, ~ G.>P~ADCLIFF, ESQU 3448 Trfndle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID# 32112 - 4 - '?1'?~4~7'?'Y'? SEP-25-02 WED i0141 aM OUMB OTY DRO FaX NO, 7172407777 P, the (?om1 of (?ommon Pleas of I,honc: (717) 240-6225 CUMBERI,AND County, Pclmsylvania I)OMES l lC R I;I,ATIONS SEC'I ION N. HANOVER b'U, P.O. BOX 320, CARLISLE, PA. 17013 Fax: (717) 240-62~ FOR OFFICE US~ONLY Docket Number: 0~.--~ 2 2~... C~~ ¢~ PACSES Case Nmnber: Other State ID Number: .lutakc lnfm malion Qu~estiomDai~/l)ata Sheet (Please print clearly) pI,AINTII,'f"S/CARETAI(ER'$ INFORMATION: Rclationship to ChiMren: Name (I~ast, Firsl, Mkldlc) -}_X_"I¥'LO_O_IeC ~(~OC'~altx_ Alias ~ ~ ~ Mother's Name (if not PlaintifO Cityff~(~~.~._ Statet~ . Zip Code _L'-~O.%-'C3 County SSN j~O '~.~l:_~_ DOB'_ ~ /~~ Telephone (~ Physical Description: Hr. ~.tR a Wtt/q~ Eyes~~. Ha~Race Emai[ Address Mother's Maiden Na,nc ~O C~'a~fix.tCx~._ City, State and (.ount~rBi~~ , PA i '~ PlaintifFs Attorney ~l~. ~ ~0~1 ~ _ ~ Employer Address '3 ~d~/ ~~~_~A 17al3 Emptoycr Phone (~t3)O~~q Medical Insurance Can'ier Name ,~~_~,¢~ Policy g ~~q Medical Insurance Carrier Address.~~& ~,~~1~ ~~~%._ -~RO_~% Carrier l'hone (~) ~8: 0~ Marital Slams with respect to Defendant: Divorced MarriM ~Separat~ _~Single Date Married ~[.._l/g/~l Separated .~ /~ /.0] Divorc~ / / PLace of Marriage ~r..p& Place of Divorce Address of I~st Marital Domicile ~~ ~~~.~ Form IN-002 Service Type Worker ID 5I:H-~b-U~ Wt-D IU:4I AP1 GUMB UTY DIeU FAX NO, /I'(~4[J'/T/? P, 02 intake lnfommdon Que.sdonnalretData Sl~eet i.,i,Aii~rlFF,SICARI~,TAKF, R'S INFORMATION (continu~) . Relative or Friend Name_ m~ mo~t~, VCO~ Retationship _~~ Relative or Friend Address ~ C ~ ~o~ Relative or Friend Phone Number ~ t3 ) ~-~ -- ~ ~ ~ q CHILDREN S INFORMATION (Defendant's children only) !. N6.-M--E.(Im st, ,Fir St '.-Middl-e~ S~SN. DOB .AGE _M,,.othgy's Maiden Name Father s., Name l-I0$~.~i_t_a_ of Bj_rit_h PATERNITY .2_._~A___M~E_(_[~¢~!~_Fjy_s!, Middle) ,_q~N DQB. A_gE SEX .M__o_ther___s Maiden N~me .FaflLer'.5..Na. me Hosp.i_tal of B_ i~It OaS. t., Fir, st, Mid..dle} Ci[y, St..ate and Country of Birth. .SSN DO,B. AGE M.0.ot)_~.e_r ' s Ma_id.e.n_ N a t:r!.e_ Father'.s Name PATERNITY YF, S OR NO H__o_$£ital,of BiCrl~ City, state and Country of Birt_hh .4.= NA.MF, ([mst, F.'j.rst, Middle). S_~.N_ }')OB Mother's Maiden Name AGE SEX ~Father's .Name Slate and C9__untrv of Bi.rtl__! PATERNrrY EST~ABLIS.~I ED[ YIgS OR NO ]2! .o.s_p_i_t ~ L o f Bb:th Page 2 of 4 Form IN-002 Service 'l'ype Worker ID $EP-25-02 NED lO:4l RR CUrB CTY DRO FRX NO, 7172407777 P, 03 Inlakc Information Questionnaire/Data Sheet CIIlIA)RI*;N'S INFORMATION (Continued) AGE ~.EX Mother's Maiden Name Father's Name pATERNI'I'¥ YE~ OP, NO !.!ospita! of Birth Cikv, S.tate and CouA!try 9. f Birth 6. NAM][:, ([~a~.t_~_Firs!, Mi.ddle) ~SN Mother's Maiden Name PATERNIIrY SEX ESTA~I_.ISI IED'~ Father's Name YES OR NO !.!.o._~.s)ital of Biah City, State and Country of Birth Name (l.ast, First, Middle) Makten Name/Alia~ City 9C~_L/..~_~ ..... State (Vtp,_ zip Code 19C/0/~ County 5' wt. Email Address ~ ~ I~~~ Mother's Maiden Name ..~ Father's Name .. -~0~ ~~ )hoelyf City, S~te and Count, ofBMh ~]~mp~ i' ~ 195 Defendant's Attorney Defendant's Attorney Address Employer Name _~,..:~¢,~, .~Q I l_ko~.t~t_t~?~. F~O._onL.ta, ____ Net Pay $ '~ . Employer Address-141 L~Sg3~. r~.~J~J~ff--~2~~ ; ~. crl4 , [~yl _ 1'7c/0~ __ Employer Phone _(~19) Page 3 of 4 Form IN..002 Se. rvice Type Worker ID ~, cu-u~. ~r.:.u IU;ql HH L,:UI"II~ UIY UKU J~flX NU, fi f~4U /'/' /'[ ?, 0~ [n{ake lnfot~mhtion Qucstionn:,ire/Data Sheet DEFENDANT'S INFORMATION (continued) Medical [nmrance Cartier Name ~~..~.~ ..... Policy g ~ ~ Medical Insm'ance Carrier Aaamss&~ ~, ~ .~ ~ _.~~.[~..~_ ~&l, ~_ Carrier PhoneS~) 5~-W6S~ .. Relative or Friend Name Relationship Relative or FrieM Address Relative or Friend I'l~one Number ~ ) A,qSISTANCE/EXISTING SUPPORT ORDER INFORMATION: Are you receiving cash or medical assistance? Are you receiving child care subsidy? Your Welfare Case # Existing support order: Y N Case # Amount for Spouse: Amount for Child(ten): Amount for Fandly (Spouse and Child[ten}): County Applying? Y (~ State $ Per month $ Per month $ Per month verify that the statements in this document are tree and correct to the best of my knowledge. understand that any false statement is subject to penalty in 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date Plaintiff/Caretaker Signature FOR OFFICE USE ONLY: (Circle correct choice) BENEFICIARY TYPE: TANF NON-TANF IV-E FEE PAID: Y N N/A Page 4 of 4 Form IN-O02 Service Type Workec ID IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU1TTy PENNSYLVANIA DEBORAH S. WHEELER, V. PLAINTIFF MICHAEL JASON WHEELER, DEFENDANT NO. 02-4221 CIVIL TERM CIVIL ACTION - LAW DIVORCE RRAECIPE TO FILE ORDER TO PROTHONOTARY: Please file the attached certified Order entered October 30, 2002 by the Honorable Gregory S. Snyder in the case of Michael j. Wheeler v. Deborah S. Wheeler, docketed to No. 2002-SU-05158-02D in York County, Pennsylvania, which directs that the above-captioned divorce action is stayed. DATE: en L. Semmelman, Esquire Attorney for Defendant 30 North George Street York, Pennsylvania 17401 Telephone #: (717) 846-8846 Supreme Court #: 29971 xc: Diane G. Radcliff, Esquire 10/24/02=6:45am=nn--whcclcr, pct=f# 1 MICHAEL J. WHEELER, IN THE COURT OF COMMON PLEAS OF YORK COUNTY PENNSYLVANIA NO. 2002-SU-05158-02D PLAINTIFF CIVIL ACTION - LAW DEBORAH S. WHEELER, DEFENDANT DIVORCE On this' _~day ORDER ,2002, upon consideration of the foregoing Plaintiff's Motion to Stay Divorce Action in Cumberland County and Proceed With The Divorce Action in York County Pursuant to PaR. CP. 1920.6 it is hereby ORDERED and DECREED as follows: A. The divorce action in Cumberland County captioned Deborah S. Wheeler v. Michael J. Wheeler, filed to docket no. 02-4221 is hereby stayed. B. Upon election of Defendant, within ten (10) days of the date of this Order, she may request that the alimony pendente lite motion filed in Cumberland County be transferred to York County for determination. In the event that she fails to make such request in writing within ten (10) days, then such action shall likewise be stayed. If she makes such request, then the alimony pendente lite action shall be transferred to York County, to be held in accordance with York County Domestic Relations Office procedures. C. No further action shall be taken in the Cumberland County divorce action. Rather, the York County divorce action shall proceed through conclusion. xc~ BY THE CSURT Judge Karen L. Semmelman, Esquire Diane G. Radcliff, Esquire CERtiFIED from the record~,of t, he Cour~ of Common Pleas of¥o~k Cou .nty~!'qnnsyl~v';:~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH S. WHEELER, Plaintiff MICHAEL JASON WHEELER, Defendant NO. 02-4221 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AND IN THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA MICHAEL JASON WHEELER, DEBORAH S. WHEELER, PLAINTIFF : : : : : DEFENDANT : NO. 2002-SU-05158-02D CIVIL ACTION - LAW DIVORCE PRAECIPE TO TRAi~SFER APL CLAIM ~ MOTION TO THE PROTHONOTARY OF THE SAID CUMBERLAND COUNTY COURT: In accordance with the October 30, 2002 Order of Court entered by the Honorable Gregory Snyder, Judge of the Court of Common Pleas of York County Pennsylvania, attached hereto, marked Exhibit ~A" and made a part hereof, please ,transfer Plaintiff's claim and motion for Alimony Pendente Lite filed in the above referenced Cumberland County Divorce Action to the York County, Pennsylvania for determination in accordance with York County Domestic Relations procedures. Respectfully subm~ed, ~~CLIFF, ESQUIRE Annorney for Deborah S. Wheeler EXHIBIT A 10/30/02 ORDER OF THE HONORABLE JUDGE SNYDER JUDGE OF THE COURT OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA I 0/24/02=6:4gain=tm=wheeler. pet=f# 1 IN THE COURT 'OF COMMON PLEAS OF YORK COUNTY, PENNSYLVANIA MICHAEL J. WHEELER, DEBORAH S. WHEELER, PLAINT~F DEFENDANT NO. 2002-SU-05158-02D CIVIL ACTION - LAW DIVORCE ORDER On this d~)'~y o~~''~/~_~I~"-, 2002, upon consideration of the foregoing Plaintiff's Motion to Stay Divorce Action in Cumberland County and Proceed With The Divorce Action in York County Pursuant to Pa.R.C.P. 1920.6 it is hereby ORDERED and DECREED as follows: A. The divorce action in Cumberland County captioned Deborah S. Wheeler v. Michael J. Wheeler, filed to docket no. 02-4221 is hereby stayed. Upon election of Defendant, within ten (10) days of the date of this Order, she may request that the alimony pendente lite motion filed in Cumberland County be transferred to York County for determination. In the event that she fails to make such request in writing within ten (10) days, then such action shall likewise be stayed. If she makes such request, then the alimony pendente lite action shall be transferred to York County, to be held in accordance with York County Domestic Relations Office procedures. C. No further action shall be taken in the Cumberland County divorce action. Rather, the York County divorce action shall proceed through conclusion. Karen L. Semmelman, Esquire Diane G. Radcliff, Esquire Jud(ge~ r-~