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Home My WebLink About03-0739SUSAN E. FORTNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2003- -7.3? L110 t CHRISTOPHER E. FORTNEY, 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 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. 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 SUSAN E. FORTNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2003- lc-? CHRISTOPHER E. FORTNEY, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. The Plaintiff is Susan E. Fortney, an adult individual whose mailing address is 1925 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011, and whose social security number is 209-50-8971. 2. The Defendant, Christopher E. Fortney, is an adult individual, whose current address is 1925 Kent Drive, Camp Hill, Cumberland County, Pennsylvania 17011, and whose social security number is 181-50-0282. 3. Plaintiff and Defendant were married on August 9, 1980 in Harrisburg, Dauphin 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 two minor children born of the marriage; namely: Christa Fortney, age 16 years; and Erica Fortney, age 11 years. 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. Respectfully submitted, BY: Diane . Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 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. SUSAN E. FORTNEY Date: February 10, 2003 l 1 ?'2 W ^. ?? k LAW OFFICES OF DILS & DILS DIANE M. DILS, ESQUIRE Attorney I.D. No. 71873 1017 North Front Street Harrisburg, PA 17102 Telephone No. (717) 232-9724 Attorney for Susan E. Fortney, Plaintiff SUSAN E. FORTNEY, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTOPHER E. FORTNEY, Defendant No. 2003- 00739 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 SUSAN E. FORTNEY, Plaintiff vs. CHRISTOPHER E. FORTNEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2003- 00739 CIVIL ACTION - LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Paragraphs 1 through 10(a) of the Complaint in Divorce are incorporated herein and made a part hereof by reference. 11. Plaintiff hereby avers that the additional grounds on which this action is based are: a. That the parties have lived separate and a part for a period of at least two (2) years; said date of separation being February 10, 2003. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. COUNTI CLAIM FOR EQUITABLE DISTRIBUTION 12. Plaintiff hereby avers that Plaintiff and Defendant are the owners of real estate and other assets which are subject to equitable distribution by your Honorable Court. WHEREFORE, Plaintiff respectfully requests your Honorable Court to equitably distribute all marital property. Respectfully submitted, BY: Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Dated: May 31, 2005 VERIFICATION I verify that the statements made in this Amended 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. SUSAN E. FORTNEY Date: May 31, 2005 a? T LAJ -- ?1 SUSAN E. FORTNEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2003- 00739 CHRISTOPHER E. FORTNEY, CIVIL ACTION - LAW Defendant 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. 1. The parties to this action separated on February 10, 2003, 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. Date: May 31 , 2005 Susan E. Fortney, Plaintiff 9 i C J _C? Cn SUSAN E. FORTNEY Plaintiff VS. CHRISTOPHER E. FORTNEY Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-00739 Civil CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I opposed the entry of a divorce decree because: FT- Check (i), (ii), or both: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if I do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. 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. Date: J0 Ckv\rs- C-V- of , '?-' C? ?? ? ?? r.: v--? _...? .?h.- ._.. i"? . ? ? -- -^r; r ?G ^? i /? •• t _ ?.? • ... CS ? V JOANNE HARRISON CLOUGH, P.C. 24 N. 32ND STREET CAMP HILL, PA 17011 717-737-5890 PA. ID. NO. 36461 Counsel for Defendant SUSAN E. FORTNEY, Plaintiff V. CHRISTOPHER E. FORTNEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-00739 CIVIL ACTION -LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, this day of June, 2007 comes the Defendant Christopher E. Fortney, by and through his attorney, Joanne Harrison Clough, Esquire, and respectfully answers the Complaint in Divorce and files a Counterclaim as follows: 1. Admitted. 2. Admitted in part. The Defendant now resides at 19053 Tangerine Road, Ft. Myers, Florida, 33967. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. V 10. Denied. WHEREFORE, Defendant Christopher E. Fortney respectfully requests this Court not enter a Divorce until the issues raised in the Counterclaim set forth below are resolved by the Court. COUNTERCLAIM COUNT II EOUITABLE DISTRIBUTION 11. Paragraphs 1-11 are incorporated by reference as if set forth in full here below. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage. 13. The parties have acquired marital debt during their marriage. 14. Plaintiff and Defendant may be unable to resolve amicably the property distribution issues in this action. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide all marital property and debt. COUNT III ALIMONY, COUNSEL FEES COSTS AND EXPENSES 15. By reason of this action, Defendant Christopher E. Fortney has incurred considerable expense in the preparation of his case and the employment of counsel and the payment of costs. r 16. The Defendant is without sufficient funds to support himself and to meet the costs and expenses of this litigation. 17. Defendant is disabled and his income is not sufficient to provide for his reasonable needs and to pay his attorneys' fees and the cost of this litigation and he is unable to appropriately maintain himself during the pendency of this action. 18. Plaintiff Susan E. Fortney has adequate earnings to provide for Defendant's support and to pay his counsel fees, costs and expenses. 19. Defendant Christopher Fortney lacks sufficient property to provide for his reasonable needs after the entry of a Divorce Decree. 20. Defendant is unable to support himself through appropriate employment post divorce. 21. Plaintiff has sufficient income and assets to provide continuing support for the Defendant post divorce. WHEREFORE, Defendant Christopher E. Fortney prays this Honorable Court enter an Order awarding him alimony, and counsel fees, costs and expenses. Respectfully submitted, Date: / -Lol 01 Attorney ID No. 36461 v 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant Christopher Fortney CERTIFICATE OF SERVICE I, Joanne Harrison Clough, Esquire, do hereby certify that on this date I served a copy of the foregoing document on the Plaintiff by United States First Class Mail to the following individual set forth below: Diane Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 Date: Attorney ID No. 36461 24 N. 32nd Street Camp Hill, PA 17011 (717) 737-5890 Attorney for Defendant VERIFICATION I, . J . ?t L&:.'!4'ereby verify and state that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4944 relating to unsworn verification to authorities. DATE: i Joanne HaMson Clough, r-? c? -77 E