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Home My WebLink About03-0123 LAW OFFICES MARLIN R. McCALEB JAMES E. JOHANSEN, JR., Plaintiff VS. LYNNE C. JOHANSEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO.o:~- t,&3 CIVIL TERM : : CIVIL ACTION - 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 of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. If the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~~~ Marlin R. McCaleb Attorney for Plaintiff JAMES E. JOHANSEN, JR., Plaintiff VS. LYNNE C. JOHANSEN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No.o,'~-/~ CIVIL TERM CIVIL ACTION - IN DIVORCE ..COMPLAINT UNDER SECTION 3301(e) OR 3301(d) OF THE DIVORCE CODE LAW OFFICES MARLIN R. McCALED 1. Plaintiff is JAMES E. JOHANSEN, JR., who currently resides at 407 East Main Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania 17055, since September 30, 1989. 2. Defendant is LYNNE C. JOHANSEN, who currently resides at 102 Limestone Drive, Camp Hill (Lower Allen Township), Cumberland County, Pennsylvania 17011, since on or about April 1, 2002. 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 May 23, 1992, at St. Johns Peace Church, Hampden Township, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have -2- LAW OFFICES MARLIN R. McCALEB the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests your Honorable Court to enter a Decree of Divorce. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904, relating to unsworn falsification to authorities. Date: January. O~ , 2003 s E. Johansbtf, Jr, Plaintiff Marlin R. McCal~b Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Plaintiff -3- LAW OFFICES MARLIN R. McCALt-B JAMES E. JOHANSEN, JR., Plaintiff VS. LYNN C. JOHANSEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. CIVIL TERM : : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELINC James E. Johansen, Jr., being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. 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: January ~, 2003 c.__. bt,¢~' ~- j Jam ~es E. Joh i ~sen, Jr., Plainti/ff JAMES E. JOHANSEN, JR., Plaintiff VS. LYNNE C. jOHANSEN i Defendant : . NO. 03-123 : : CIVIL ACTION - IN THE cOURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA CIVIL ACTION - LAW CIVIL TERM IN DIVORCE LAW OFFICES MARLIN R. McCALEB A~FFiDAVIT OF SERVIC~ ; certifies and says: that he is MARLIN R. McCALEB, Esquire, the attorney for James E. Johansen, Jr., the Plaintiff in the above-captioned action; that on behalf of said Plaintiff, he did file Plaintiff's Complaint in Divorce in the office of the Prothonotary of cumberland county, Pennsylvania, on January 8, 2003; that pursuant to Rule No. 1930.4(c) of the Pennsylvania Rules of civil Procedure, he did serve said Complaint upon Lynne C. johansen, the Defendant herein, by depositing a true and attested copy of said Complaint, properly endorsed with Notice to Defend and claim Rights, in the mail in the post office at Mechanicsburg, Cumberland County, Pennsylvania, on January 9, 2003, properly addressed to the said Defendant at her place of residence at 102 Limestone Drive, Camp Hill, PA 17011, with proper postage attached, certified United States mail (Receipt No. 7099 3400 0017 1940 0808, return receipt requested, restricted delivery); that thereafter he did receive said return receipt card bearing the signature of Lynne C. Johansen, Defendant herein, and indicating receipt of said copy of the Complaint on January 10, 2003; that the said certified mail receipt and return receipt card are attached hereto and made a part hereof, marked Exhibit "A". 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- LAW OFFICES MARLIN R. McCALEB -2- Postage ir' Certified Fee Postmark r'~ 4ere Return Receipt Fee I~-- (Endorsement Required) r--I Restr oted Delivery Fee l~3 (Endorsement Required) ~ Total Postage & Fees ~ ~[~ '-~ [_.L.M.n..ne C. Johansen ........................... ~- ................. rf'l R~-~pient's Name (Please Print Clearly) (to be completed by mailer) a- r~'tFe~'t:~'P'~F~-&';-$-~-h'8'E~;'~¥; ............ a- ~_..D.~_~v._e._ ............................................... ~ 17011 · Complete items 1, 2, and 3. AIe~ ~ Lynne C. Johansen 102 Limestone Drive Camp Hill, PA 17011 2. ~ Number fCepy from sen4ce/abe~ ~m~,,,~m 7099 3400 0017 1940 0808 ~ & .... Ps Form 3811, July 1999 17 3. sonde'type , _ 102§=~-~0-M-0952 LAW OFFICES MARLIN R. McCALEB EXHIBIT "A" LAW OFFICES MARLIN R. McCALEB JAMES E. JOHANSEN, JR., Plaintiff VS. LYNNE C. JOHANSEN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : : CIVIL ACTION - LAW : : NO. 03-123 CIVIL TERM : : CIVIL ACTION - IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: service by certified United States mail, return receipt requested, restricted delivery, on January 10, 2003, as set forth in Affidavit of Service filed herein. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff: April 10, 2003; by Defendant: April 14, 2003. 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 a copy of which is attached: (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: April /~ , 2003. (c) Date Defendant's Waiver of Notice was filed with the LAW OFFICES MARLIN R. Mc:CALEB Prothonotary: Date: April April /~, 2003 2003. Marlin k"McCaleb, Esquire Attorney for Plaintiff IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES E. JOHANSENt JR., Plaintiff VERSUS LYNNE C. JOHANSEN, Defendant NO. 03 - 123 CIVIL TERM DECREE IN DIVORCE C~_..--- 2003 AN D NOW, ' DECREED ThAt JAMES E. JOHANSEN, JR. AND LYNNE C. JOHANSEN , IT IS ORDERED AND , PLAINTIFF, ,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; NONE ATTEST: ~j~ J' GIL S. PAK and AMY L. PAK, Husband and Wife, Vo Plaintiffs EJB MOTORS, INC., Va BRENNER NISSAN, Defendants IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-123 Civil Term : : JURY TRIAL. DEMANDED ANSWER OF THE DEFENDANT, EJB MOTORS, INC., t/a BRENNER NISSAN TO THE PLAINTIFFS MOTION TO AMEND THEIR COMPLAINT 2. 3. 4. Admitted. Admitted. Admitted. Denied. The amendment is outside of the statute of limitations as the statute commences on the date of the contract, not the date of discovery of the breach. Plaintiff signed the contract to purchase the vehicle on March 27, 1999. The statute of limitations is four years and expired March 26, 2003. 5. Admitted. 6. Admitted in part. It is admitted that the Plaintiffs seek to amend the Complaint. It is denied that they are legally permitted to do so or that Defendant will not be prejudiced. WHEREFORE, Defendant EJB Motors, Inc. t/a/Brenner Nissan requests this Court deny Plaintiffs' Motion to Amend Their Complaint. Respectfully submitted, McNEES WALLACE & NURICK LLC Dated: September .~r~, 2003 By~__--~/'~. ~ Lawrence R. Wieder, Esquire I.D. No. 16707 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 237-5229 Attorneys for Defendant Brenner Nissan 2 VERIFICATION I, Lawrence R. Wieder, Esquire, counsel for EJB Motors, Inc., t/a Brenner Nissan, verify that the statements made in the foregoing document 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: September_~ ,~2003 Lawrence R. Wieder, Esquire CERTIFICATE OF SERVICE I hereby certify that on this date a true and correct copy of the foregoing document was served by first class mail, postage prepaid mail upon the following: Anthony T. McBeth, Esquire 407 North Front Street, First Floor Harrisburg, Pa 17101 McNEES WALLACE & NURICK LLC ~/Lawrence R. Wieder I.D. No. 16707 100 Pine Street P.O. Box '1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attomeys for EJB Motors, Inc. t/a Brenner Nissan Dated: September 3"" , 2003