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HomeMy WebLinkAbout07-1225LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Connie Marie Hurley CONNIE MARIE HURLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 67-/22S' 0(,L?"-7k JEFFREY LEE HURLEY, Defendant CIVIL 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 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 in the Office of the Prothonotary of Cumberland County, One Courthouse Square, Carlisle, Pennsylvania 17013. 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 1-800-990-9108 CONNIE MARIE HURLEY, Plaintiff vs. JEFFREY LEE HURLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 07, CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Connie Marie Hurley, an adult individual whose current address is 8412 Roxburry Road, Lurgan, Franklin County, Pennsylvania 17233, and whose social security number is 206-52-9313. 2. The Defendant, Jeffrey Lee Hurley, is an adult individual, whose current address is 229 Southside Drive, Newville, Cumberland County, Pennsylvania 17241, and whose social security number is 190-66-4798. 3. Plaintiff and Defendant were married on February 12, 2002 in Carlisle, Cumberland County, Pennsylvania. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There are no children born of the marriage. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. CLAIM FOR EQUITABLE DISTRIBUTION 11. Paragraphs One (1) through Ten (10) of the foregoing Complaint are incorporated herein and made a part of by reference. 12. Petitioner hereby avers that Petitioner and Respondent are the joint owners of real estate located at 229 Southside Drive, Newville, Pennsylvania 17241, which is subject to equitable distribution by your Honorable Court. 2 13. Petitioner hereby avers that Petitioner and Respondent are the owners of personal property and numerous household items, all of which are subject to equitable distribution by your Honorable Court. WHEREFORE, Petitioner respectfully requests your Honorable Court to equitably distribute all marital property. Respectfully- bmitted, Y• Diane M. Dils, Esquire 1400 North Second Street First Floor Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: March 6, 2007 3 VERIFICATION I verify that the statements made in this Complaint in Divorce 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. CONNIE M. HURLEY Date: MARCH 1, 2007 w -ra O p e ,c I U n N_ Q iil LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Connie Marie Hurley CONNIE MARIE HURLEY IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. D 7- /-2 02 y / JEFFREY LEE HURLEY, CIVIL ACTION - LAW Defendant/Respondent PETITION FOR SPECIAL RELIEF AND NOW, this & &ay of March, 2007, comes the Plaintiff/Petitioner. ? Connie Marie Hurley, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Petitioner is Connie Marie Hurley, an adult individual currently residing at 8412 Roxburry Road, Lurgan, Franklin County, Pennsylvania 17233. 2. The Respondent is the Defendant above-named, Jeffrey Lee Hurley, an adult individual, who resides at 229 Southside Drive, Newville, Cumberland County, Pennsylvania 17241. 3. Your Petitioner and the Respondent were married on February 12, 2002 in Carlisle, Pennsylvania. 4. Simultaneously with the filing of this Petition for Special Relief, your Petitioner has filed a Complaint in Divorce under Section 3301(c) of the Divorce Code. 5. A Protection from Abuse Order was entered in May of 2006 which permitted the Respondent to continue residing in the parties' marital residence located at 229 Southside Drive, Newville, Pennsylvania 17241, and provides protection to your Petitioner, Connie Marie Hurley. 6. Since the PFA was entered in May of 2006, the Respondent has continued to reside in the marital residence; however, the Respondent has failed to pay the mortgage on said residence since August of 2006. 7. Your Petitioner has received notification of a mortgage foreclosure action filed against the parties and believes that a judgment has been entered. 8. Your Petitioner has requested the Respondent to agree to list the real estate with a Realtor for the purpose of the sale of the same. 9. The Respondent has indicated his refusal to sign any listing agreement. 10. Your Petitioner believes there is equity in the real estate and if the matter proceeds through a mortgage foreclosure sale, it is believed that all equity will be lost. 11. It is respectfully requested that your Honorable Court require the Respondent to enter into an agreement to sell the real estate prior to a mortgage foreclosure sale. 12. The Respondent is permitting the dissipation of the marital residence 13. The Respondents continued refusal to cooperate with the listing of the real estate will result in a loss of more than $20,000.00. 14. Your Petitioner agrees to place any proceeds received from the sale of the real estate into an interest bearing account, not to be disbursed until resolution of the divorce action. WHEREFORE, your Petitioner, Connie Marie Hurley, respectfully prays your Honorable Court to enter an Order requiring the Respondent to cooperate in the sale and listing of the real estate located at 229 Southside Drive, Newville, Pennsylvania 17241 and to cooperate with the Realtor for the purpose of showing said real estate and obtaining a buyer for the same, or in the alternative, if the Respondent continues to fail to cooperate, to evict the Respondent from the real estate and permit your Petitioner to proceed with the sale of the said real estate, and to order any proceeds from the sale of said real estate to be placed in an interest bearing account in the name of your Petitioner's attorney. Respectfully submitted, B iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION Rule - Petition for I verify that the statements made in this Special Relief 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. A CONNIE M. HURLEY Date: March 6, 2007 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Petition for Special Relief has been forwarded to the Sheriff of Cumberland County for service upon the Respondent, Jeffrey Lee Hurley, on this day of March, 2007, with advance costs being paid by your Petitioner. Respectfully submitted, B 4iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 C) -Ti - Cr) ,- _ r l F.i ?j Cr1 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY CONNIE MARIE VS HURLEY JEFFREY LEE KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon HURLEY JEFFREY LEE the DEFENDANT , at 1915:00 HOURS, on the 13th day of March , 2007 at 229 SOUTHSIDE DRIVE NEWVILLE, PA 1724 by handing to JEFFREY HURLEY a true and attested copy of COMPLAINT - DIVORCE together with PETITION FOR SPECIAL RELIEF and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 11.52 Postage .39 Surcharge 10.00 .00 3124j6 ? L _ 39.91 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 03/14/2007 ARTHUR DILS By: /4 ? Dep ty h f A.D. LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Connie Marie Hurley CONNIE MARIE HURLEY IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07-1225 JEFFREY LEE HURLEY, CIVIL ACTION - LAW Defendant/Respondent AMENDMENT TO PETITION FOR SPECIAL RELIEF 1. There has been no prior Ruling by a Judge in the Court of Common Pleas of Cumberland County or any other county in connection with the above captioned divorce; however, on May 26, 2006 the Honorable J. Wesley Oler, Jr. entered an Order upon agreement of the parties in connection with a Petition for Protection from Abuse filed by the Plaintiff against the Defendant to Docket No. 06-2852 in the Court of Common Pleas of Cumberland County. 2. At the time of the Protection from Abuse proceedings, the Defendant was represented by Attorney Karl E. Rominger, Esquire. Correspondence was sent to Attorney Rominger on March 29, 2007 enclosing a copy of the Divorce Complaint and Petition for Special Relief; however, there has been no response from Attorney Rominger since that date. WHEREFORE, Plaintiff, Connie Marie Hurley, respectfully prays your Honorable Court to grant her Petition for Special Relief requiring the Defendant to vacate the premises at 229 Southside Drive, Newville, Pennsylvania and to cooperate with the sale of said real estate. Respectfully submitted, B Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION The undersigned, Diane M. Dils, Esquire, hereby verifies and states that: 1. She is the attorney for Connie Marie Hurley. 2. She is authorized to make this verification on Connie Lee Hurley's behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P., Rule 1024(c). 4. The statements set forth in the foregoing Amendment to Petition for Special Relief, are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Diane M. Dils, Esquire Date: August 9, 2007 t CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the enclosed Amendment to Petition for Special Relief has been served upon the following individual by First Class United States Mail, postage prepaid, by depositing a copy of the same in the Post Office at Harrisburg, Pennsylvania addressed as follows: Jeffrey Lee Hurley 229 Southside Drive Newville, PA 17241 Respectfully submitted, B Diane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: August 9, 2007 ca CJ LV ?Ti .7 'T 51"i ) CZ) C CONNIE MARIE HURLEY, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JEFFREY LEE HURLEY, Respondent NO. 07-1225 CIVIL TERM ORDER OF COURT AND NOW, this 15th day of August, 2007, upon consideration of Plaintiff's Petition for Special Relief and Plaintiff's Amendment to Petition for Special Relief, a Rule is hereby issued upon Defendant, to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of service. BY THE COURT, /Kiane M. Dils, Esq. 1400 North Second Street First Floor, Front Harrisburg, PA 17102 Attorney for Plaintiff /ffrey Lee Hurley 229 Southside Drive Newville, PA 17241 Defendant, pro Se :rc J ?e- J. Pe :Z 1'J 91 '1{ ` L 0 0 Z ?1' ?` ' LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Connie Marie Hurley CONNIE MARIE HURLEY IN THE COURT OF COMMON PLEAS Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. D 7- /-2.2 Y ?J JEFFREY LEE HURLEY, CIVIL ACTION - LAW Defendant/Respondent PETITION FOR SPECIAL RELIEF AND NOW, this C&ay of March, 2007, comes the Plaintiff/Petitioner. Connie Marie Hurley, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Your Petitioner is Connie Marie Hurley, an adult individual currently residing at 8412 Roxburry Road, Lurgan, Franklin County, Pennsylvania 17233. 2. The Respondent is the Defendant above-named, Jeffrey Lee Hurley, an adult individual, who resides at 229 Southside Drive, Newville, Cumberland County, Pennsylvania 17241. 3. Your Petitioner and the Respondent were married on February 12, 2002 in Carlisle, Pennsylvania. 4. Simultaneously with the filing of this Petition for Special Relief, your Petitioner has filed a Complaint in Divorce under Section 3301(c) of the Divorce Code. 5. A Protection from Abuse Order was entered in May of 2006 which permitted the Respondent to continue residing in the parties' marital residence located at 229 Southside Drive, Newville, Pennsylvania 17241, and provides protection to your Petitioner, Connie Marie Hurley. 6. Since the PFA was entered in May of 2006, the Respondent has continued to reside in the marital residence; however, the Respondent has failed to pay the mortgage on said residence since August of 2006. 7. Your Petitioner has received notification of a mortgage foreclosure action filed against the parties and believes that a judgment has been entered. 8. Your Petitioner has requested the Respondent to agree to list the real estate with a Realtor for the purpose of the sale of the same. 46 9. The Respondent has indicated his refusal to sign any listing agreement. 10. Your Petitioner believes there is equity in the real estate and if the matter proceeds through a mortgage foreclosure sale, it is believed that all equity will be lost. 11. It is respectfully requested that your Honorable Court require the Respondent to enter into an agreement to sell the real estate prior to a mortgage foreclosure sale. 12. The Respondent is permitting the dissipation of the marital residence 13. The Respondents continued refusal to cooperate with the listing of the real estate will result in a loss of more than $20,000.00. 14. Your Petitioner agrees to place any proceeds received from the sale of the real estate into an interest bearing account, not to be disbursed until resolution of the divorce action. WHEREFORE, your Petitioner, Connie Marie Hurley, respectfully prays your Honorable Court to enter an Order requiring the Respondent to cooperate in the sale and listing of the real estate located at 229 Southside Drive, Newville, Pennsylvania 17241 and to cooperate with the Realtor for the purpose of showing said real estate and obtaining a buyer for the same, or in the alternative, if the Respondent continues to fail to cooperate, to evict the Respondent from the real estate and permit your Petitioner to proceed with the sale of the said real estate, and to order any proceeds from the sale of said real estate to be placed in an interest bearing account in the name of your Petitioner's attorney. Respectfully submitted, B Dils, Esquire A.?? 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 .ti VERIFICATION Rule - Petition for I verify that the statements made in this Special Relief 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. CONNIE M. HURLEY Date: March 6, 2007 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the Petition for Special Relief has been forwarded to the Sheriff of Cumberland County for service upon the Respondent, Jeffrey Lee Hurley, on this day of March, 2007, with advance costs being paid by your Petitioner. Respectfully submitted, B 4iane M. Dils, Esquire 1400 North Second Street First Floor, Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 ?""J t? ,."n ?? : r1 ?.? ? t _... ; it 5:.- r ? Gl _,t ..-; ? - - ',l r` ..- - r" ?? ;iJ .l? G.,--? ...;. SHERIFF'S RETURN - REGULAR CASE NO: 2007-01225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY CONNIE MARIE VS HURLEY JEFFREY LEE KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within ORDER OF COURT was served upon HURLEY JEFFREY LEE the RESPONDANT , at 1816:00 HOURS, on the 12th day of October at 229 SOUTHSIDE DRIVE NEWVILLE, PA 17241 by handing to JEFFREY HURLEY a true and attested copy of ORDER OF COURT together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 46.08 Postage .58 Surcharge 10.00 .00 74.66 Sworn and Subscibed to before me this day of , So Answers: R. Thomas Kline 10/15/2007 DILS & DILS By: A. D. 2007 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Connie Marie Hurley CONNIE MARIE HURLEY, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. JEFFREY LEE HURLEY, Defendant/Respondent NO. 07-1225 CIVIL ACTION - LAW MOTION TO MAKE RULE ABSOLUTE AND NOW this _R?,-day of November, 2007, comes the Plaintiff, Connie Marie Hurley, by her Attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. The Petitioner, Connie Marie Hurley, is an adult individual represented by Diane M. Dils, Esquire, whose office is located at 1400 North Second Street, Harrisburg, Pennsylvania 17102. 2. The Respondent, Jeffrey Lee Hurley, is an adult individual who is currently residing at 229 Southside Drive, New Ville, Pennsylvania 17241 and is unrepresented in the current action. 3. A Petition for Special Relief and Amendment to said Petition was filed on behalf of Connie Marie Hurley in connection with the parties' real estate located at 229 Southside Drive, Newville, Pennsylvania. 4. Said Petition for Special Relief requests Your Honorable Court's intervention to require the Respondent to cooperate and sign a Listing Agreement in connection with the marital real estate. 5. Said marital real estate is the subject of a mortgage foreclosure proceeding. 6. The Respondent has resided in said marital real estate since the entry of a PFA Order entered in May of 2006; said PFA Order is Docketed to No. 06- 2852 in the Court of Common Pleas of Cumberland County. 7. The Respondent has failed to make the mortgage payments on the real estate. 8. The Respondent has failed to cooperate in listing the rear estate for sale. 9. Your Honorable Court entered a Rule by Order dated August 15, 2007 requiring the Respondent to show cause why the relief requested in the Petition for Special Relief and Amendment for Special Relief should not be granted. Said Rule was returnable within twenty (20) days of service. 10. The Respondent was served with said Rule and Amended Petition by the Sheriff of Cumberland County on October 12, 2007. 11. The original Petition for Special Relief was served upon the Respondent by the Sheriff of Cumberland County on March 13, 2007. 12. As of the filing of this Motion, there has been no Answer filed by the Respondent, Jeffrey Lee Hurley. 13. As of the filing of this Motion, there has been no response whatsoever by the Respondent, Jeffrey Lee Hurley. 14. Your Petitioner, Connie Marie Hurley, respectfully requests Your Honorable Court to enter a Rule Absolute granting the request in the Petition, permitting her to list the real estate located at 229 Southside Drive, Newville, Pennsylvania for sale with a Realtor, with said Listing Agreement to be signed only by Connie Marie Hurley. 15. Upon the sale of said real estate, your Petitioner, Connie Marie Hurley, respectfully requests Your Honorable Court to permit the Settlement to proceed with the signature of the Deed by the Prothonotary of Cumberland County in lieu of attempting to obtain the signature of Jeffrey Lee Hurley. WHEREFORE, your Petitioner, Connie Marie Hurley, by her Attorney, Diane M. Dils, Esquire, respectfully prays Your Honorable Court to grant the request set forth in the Petition for Special Relief. Respectfully submitted, BY: 6 A? Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION The undersigned, Diane M. Dils, Esquire, hereby verifies and states that: 1. She is the attorney for Connie Lee Hurley 2. She is authorized to make this verification on Connie Lee Hurley's behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P., Rule 1024(c). 4. The statements set forth in the foregoing Motion to Make Rule Absolute are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Diane M. Dils, Esquire Date: November 8, 2007 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Motion to Make Rule Absolute has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the day of November, 2007, addressed as follows: Jeffrey Lee Hurley 229 Southside Drive Newville, PA 17241 Respectfully submitted, B Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: November 8, 2007 C) C zR_. ? o C7 om N LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Connie Marie Hurley CONNIE MARIE HURLEY, Plaintiff/Petitioner VS. JEFFREY LEE HURLEY, Defendant/Respondent IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1225 CIVIL ACTION - LAW AMENDED MOTION TO MAKE RULE ABSOLUTE AND NOW this day of November, 2007, comes the Plaintiff, Connie Marie Hurley, by her Attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Paragraphs 1 through 15 of the Motion to Make Rule Absolute and incorporated herein and made a part hereof by reference. 16. The Honorable J. Wesley Oler, Jr., entered an Order of Court dated August 15, 2007, said Order of Court being a Rule returnable within twenty (20) days after service to Plaintiff's Petition for Special Relief and Plaintiff's Amendment to Petition for Special Relief. 17. The Defendant/Respondent is pro se, and is not represented by an attorney and therefore, there is no concurrence by any opposing counsel to be requested. WHEREFORE, Plaintiff/Petitioner, Connie Marie Hurley, by her attorney, Diane M. Dils, Esquire, respectfully prays Your Honorable Court to grant the Motion to Make Rule Absolute. Respectfully submitted, BY: Ehane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 VERIFICATION The undersigned, Diane M. Dils, Esquire, hereby verifies and states that: 1. She is the attorney for Connie Lee Hurley 2. She is authorized to make this verification on Connie Lee Hurley's behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P., Rule 1024(c). 4. The statements set forth in the foregoing Amended Motion to Make Rule Absolute are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Diane M. Dils, Esquire Date: November 15, 2007 CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Amended Motion to Make Rule Absolute has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on the day of November, 2007, addressed as follows: Jeffrey Lee Hurley 229 Southside Drive Newville, PA 17241 Respectfully submitted, BY: Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: November 15, 2007 C) 4t f ? ? cs -n ? Ca - r fr..i 1 ? Om fV •• l Cl -< LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street, First Floor, Front Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Connie Marie Hurley CONNIE MARIE HURLEY IN THE COURT OF COMMON PLEAS Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA Vs NO. 07-1225 CIVIL TERM JEFFREY LEE HURLEY CIVIL ACTION - LAW 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 cause may proceed without you and a decree of divorce or annulment may be entered against you by 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 Prothonotary's Office, Cumberland County Courthouse, Carlisle, Cumberland County, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 A ttorney for Plaintiff Connie Marie Hurley CONNIE MARIE. HURLEY, Plaintiff vs. JEFFREY LEE HURLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1225 CIVIL TERM. CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE day of December, 2007, comes the Plaintiff, AND NOW this Connie Marie Hurley, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Paragraphs 1 through 10(a) of the Complaint in Divorce Under Section 3301(c) of the Divorce Code are incorporated herein and made a part hereof by reference. I (.Plaintiff hereby avers that the Grounds on which this action is based are as follows: a. Plaintiff and Defendant have been separated for a period of at least two (2) years, said date of separation being May, 2005. WHEREFORE, Plaintiff, Connie Marie Hurley, respectfully prays Your Honorable Court to enter a Decree in Divorce on the Grounds of a Two Year Separation. B Dated: December 12, 2007 f)iane M. Dils, Esquire 1400 North Second Street First Floor Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 2 Respectfully submitted, VERIFICATION I verify that the statements made in this Amended Complaint in Divorce Under Section 3301(d) of the Divorce Code 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. - -")h 4 1 .. 6 0 CONNIE ?MARIE HURLFV Date: oPh 54 c o CONNIE MARIE HURLEY, Plaintiff vs. JEFFREY LEE HURLEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1225-CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served upon you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on May of 2005, and have continued to live separate and apart for a period of at least two 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 1 do not claim them before a tCe 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 unsworn falsification to authorities. f Y Date: ? Connie Marie Hurley, Pl 'ntiff ` r . CD CONNIE MARIE HURLEY, Plaintiff V. JEFFREY LEE HURLEY, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-1225 CIVIL TERM IN RE: PLAINTIFF'S MOTION TO MAKE RULE ABSOLUTE ORDER OF COURT AND NOW, this 315` day of December, 2007, upon consideration of Plaintiff's Motion To Make Rule Absolute, Plaintiff's Petition for Special Relief, as amended, is granted to the extent that Defendant is directed to execute a listing agreement for sale of property at 220 Southside Drive, Newville, Pennsylvania, in a form and with a realtor submitted to him by Plaintiff's counsel, within 10 days of its submission. BY THE COURT, J. Diane M. Dils, Esq. 1400 North Second Street First Floor, Front Harrisburg, PA 17102 Attorney for Plaintiff Jeffrey Lee Hurley 229 Southside Drive Newville, PA 17241 Defendant, pro Se /,2 -y/,el rc t7iNVAIrSN,Njd 8 E :01 Wd I E 330 LOOZ A'dVIONO"i 0v 0' 3H! 30l2--,'C Cl3'1H SHERIFF'S RETURN - NOT FOUND CASE NO: `2007-01225 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND HURLEY CONNIE MARIE VS HURLEY JEFFREY LEE R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named RESPONDANT HURLEY JEFFREY LEE but was unable to locate Him in his bailiwick. He therefore returns the ORDER OF COURT , the within named RESPONDANT NOT FOUND , as to HURLEY JEFFREY LEE 229 SOUTHSIDE DRIVE NEWVILLE, PA 17241 GIVEN ADDRESS IS VACANT AND WINTERIZED. Sheriff's Costs: Docketing 18.00 Service 11.52 Not Found 5.00 Surcharge 10.00 Postage .58 5.10 45.10- So So answers, r. R. Th(fnas Kline Sheriff of Cumberland County DILS & DILS 01/07/2008 Sworn and Subscribed to before me this day of A. D. 6- CONNIE MARIE HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-1225-CIVIL TERM JEFFREY LEE HURLEY CIVIL ACTION - LAW r Defendant IN DIVORCE -??, F?.; r m `?- ....; O C t`.> NOTICE -U - 23 If you wish to deny any of the statements set forth in this affidavit,:you vustz file a counter-affidavit within twenty days after this affidavit has been served upon you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on May of 2005, and have continued to live separate and apart for a period of at least two 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 unsworn falsification to authorities. r ' Date: "jv Qore Marie Hurley, PI Tntiff FS .! t ,~ A ya J L 4 V ? D t r [. tIM k.. ..:R`y 4i, S a?Fsi? y _ ,r L':r,a yf.,+ r Pa ? `c LY.1h6j{?ir _a y a k- A received O Ak-?? 1400 North Second Street, First Floor, Front LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I D. No. 71873 Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Plaintiff, Connie Marie Hurley CONNIE MARIE HURLEY IN THE COURT OF COMMON OENNSYLVANIA Plaintiff, CUMBERLAND COUNTY, Vs NO. 07-1225 CIVIL TERM JEFFREY LEE HURLEY CIVIL ACTION -LAW ,;° - : Defendant, IN DIVORCE c > c7 ;- NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth Rothe following pages, you must take prompt action. You are warned that if you fail to do so, the cause may proceed without you and a decree of divorce or annulment may be entered against you by 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 Prothonotary's Office, Cumberland County Courthouse, Carlisle, Cumberland County, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. '., THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. -: ;t?.?;.ya< Pa aiIl (4 IS11 ?.i C dot ?J 11`596, a? JY2 ;ai (big . cIr ,tX u jr , "4 Alk IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 } LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1400 North Second Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 :^.ttorney for Plaintiff, Connie Marie Hurley CONNIE MARIE HURLEY, Plaintiff VS. JEFFREY LEE HURLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1225 CIVIL TERM. CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE AND NOW this 4' day of December, 2007, comes the Plaintiff, Connie Marie Hurley, by her attorney, Diane M. Dils, Esquire, and respectfully avers the following: 1. Paragraphs 1 through 10(a) of the Complaint in Divorce Under Section 3301(c) of the Divorce Code are incorporated herein and made a part hereof by reference. I (.Plaintiff hereby avers that the Grounds on which this action is based are as follows: a. Plaintiff and Defendant have been separated for a period of at least two (2) years, said date of separation being May, 2005. WHEREFORE, Plaintiff, Connie Marie Hurley, respectfully prays Your Honorable Court to enter a Decree in Divorce on the Grounds of a Two Year Separation. Respectfully submitted, B 'Mane M. Dils, Esquire 1400 North Second Street First Floor Front Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: December 12, 2007 2 .s VERIFICATION I verify that the statements made in this Amended Complaint in Divorce Under Section 3301(d) of the Divorce Code 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. CONNdR !MARIE HURLEY 7 Date: ± ( i h , - 08 iiA (IeRkl? as ? d ? - ??? e?ut ti?0 da '?i Hs 3H10 CONNIE MARIE HURLEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 07-1225 JEFFREY LEE HURLEY, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the Affidavit of Plaintiff under Section 3301(d) of the Divorce Code and the Amended Complaint in Divorce under Section 3301(d) of the Divorce for service upon the Defendant. , Respectfully submitted, BY: Diane M. Dils, Esquire 1400 North Second Street Harrisburg, PA 17102 (717) 233-8743 I.D. No. 71873 Date: February 14, 2008 v ``M Q °?s > i F1 ITI t1 a y? 7 SHERIFF'S RETURN - REGULAR CASE NO: 2007-01225 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HURLEY CONNIE MARIE VS HURLEY JEFFREY LEE WILLIAM CLINE , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon HURLEY JEFFREY LEE the DEFENDANT at JLG at 1011:00 HOURS, on the 11th day of March 560 WALNUT BOTTOM ROAD SHIPPENSBURG, PA 17257 by handing to JEFFREY L HURLEY a true and attested copy of COMPLAINT - DIVORCE 2008 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge -41 So Answers: 18.00 16.32 .00 10.00 R. Thomas Kline .00 44.32 03/13/2008 DILS & DILS Sworn and Subscibed to before me this of By: day Deputy Sheri f A. D. CONNIE MARIE HURLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 01-1aa5 vs. No.-064224 I',I JEFFREY LEE HURLEY, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(d) OF THE DIVORCE CODE TO: Jeffrey Lee Hurley c/o JLG 560 Walnut Bottom Road Shippensburg, PA 17257 You have been sued in an action for divorce. You have filed to answer the Complaint or file a counter-affidavit to the Plaintiff's affidavit. Therefore, on or about April 22, 2008, the Plaintiff can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date, the Court can enter a final Decree in Divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date, or the Court may grant the divorce and you will lose forever the right to ask for economic relief. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this notice. C ° C CA3 -rr; Ar A. CONNIE MARIE HURLEY, Plaintiff vs. JEFFREY LEE HURLEY Defendant IN THE COURT OF COMMO? PLEAS CUMBERLAND COUNTY, P NNSYLVANIA NO. 07-1225 CIVIL ACTION - LAW IN DIVORCE 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: Irretrievably broken under Section O 3301(c) or i ( X ) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Di?orce: By Sheriff Service on March 13, 2007. Amended Complaint with Affidavit served by Sheriff March 11, 2008. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301(c) of the Divorce Code by Plaintiff, N/A; by Defendant, N/A. (b) Date of execution of Plaintiff's affidavit requirld by Section 3301 (d) of the Divorce Code: was signed by the Plaintiff on December 18, 2007, was served on the Defendant on March 11, 2008. C.z 4. Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: April 2, 2008. 5. Date of filing of Waiver of Notice of Intent: N/A. 6. Related Claims Pending: None r Y: oe,e ??/V 6 Diane M. Difs, Esq ire 1400 North Second Street First Floor, Front Harrisburg, PA 171102 (717) 232-9724 Attorney for (x) Plaintiff O Defendant N c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Ark STATE OF PENNA. CONNIE MARIE HURLEY Plaintiff No. 07-1225 VERSUS JEFFREY LEE HURLEY Defendant DECREE IN DIVORCE AND NOW, Lori ' IT IS ORDERED AND DECREED THAT CONNIE MARIE HURLEY PLAINTIFF, AND JEFFREY LEE HURLEY 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; BY THE CO PROTHONOTARY lei a x_ .