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HomeMy WebLinkAbout07-1404Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MYRA L. TOOMEY, Plaintiff V. WILLIAM B. TOOMEY, 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 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. 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.61- IYO Y CIVIL TERM CIVIL ACTION - LAW Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 MYRA L. TOOMEY, V. Plaintiff WILLIAM B. TOOMEY Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. l Ynq CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Myra L. Toomey, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, William B. Toomey: 1. The Plaintiff is Myra L. Toomey, an adult individual, residing at 606 Carla Drive, Pittsburgh, Allegheny County, Pennsylvania 15238. 2. The Defendant is William B. Toomey, an adult individual, residing at 115 Regency Woods North, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant were married on November 27, 2002 in Mechanicsburg, Cumberland County, Pennsylvania. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. 9. The parties were separated on September 14, 2006. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. JOHNSON, DUFNIE, STEWART & WEIDNER Melissa Peel Oreevy 291424 VERIFICATION I, Myra L. Toomey, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: /-wy-ra L. Toomey r r Johnson, Duffle, Stewart & Weidner By: Melissa Peel Crreevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff MYRA L. TOOMEY, Plaintiff V. WILLIAM B. TOOMEY, Defendant AFFIDAVIT CIVIL ACTION - LAW IN DIVORCE MYRA L. TOOMEY, being duly sworn according to law, deposes and says: 1. 1 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. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, 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 counseling prior to a divorce decree being handed down by the court. 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. Dat? / n Myra L. Toomey IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM a J P v ? G F i N C?zl C? «3 rid-r? ni --rl Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff MYRA L. TOOMEY, Plaintiff V. WILLIAM B. TOOMEY, Defendant RETURN OF SERVICE The undersigned makes the following return of service: NO. 07-1404 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE The Complaint in Divorce was mailed to the Defendant, William B. Toomey, March 14, 2007, at 115 Regency Woods North, Carlisle, Cumberland County, Pennsylvania 17013: X A copy of the signed return receipt indicating service was completed on March 24, 2007, is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service 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. JOHNSOW,'DUFFIE) STEWART & WEIDNER Date: J 'J elissa Peel (5-y- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :291424-7 1iICIlARD A?. STE11'AR"? C. R??;WEn?NER. ,r, EDNIUM', G. MYERS DAVID W DFAX(T jowN, A SI.ATLER EEFFF.RS(??' . SHIPMAN RALPH If INKIGII'r.IK. 1'RAar C DUFFIE joii,1 R. NIN(1SICl MICHAEL J. ('ASSIDI MEI_tSSA. PEEI GRiiEVI' 110IiElii !b'1. ?'A1.KF.P 1i-;11)i 1) MANLEl ELIZABETH D. SNOVER KELI`: L BON4A%N0 OHNSON J FRE ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delhtery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mallpiece, or on the front If space permits. 1. Article Addressed to: C' ?1SL461 Poi A.- Signature XJ?&0 B Received bar I k OF COUNSEL VIORACL A. JOHNSON F. LEE SI IIPti1AN (1965-2006) ? gent of Delivery D. Is delivery addras dMenent f(orn bm 11 ? Yes If YES, enter delivery address below: ? No 3. Service Iwo CwdW Mal O Excess Map Registered ? q&Rftm Receipt for Merchandise Insured Mal C.o.D. 4. Aa11rIMa0 > rhea 2. Article Number Mwwferf Mswvlcelabeg 7006 2150 0005 0072 9839 PS Form 3811, February 2004 Domeoc Rehrm R-o lpt 102595-024A-15401 1 (Domestic Mail Only; No Insurance Coverage Prc For delivery information visit our website at www.usps.i ru J r%-- C3 Postage $ O- L) Certified Fee LVANIR 0 Return Receipt Fee ark p (Endorsement Required) Her d5 C3 n Restricted Delivery Fee W (Endorsement Required) > Lr) O? r-9 Total Postage & Fees ru _c 1^ aenr fo - -n G{J/C_L/ 19T9inL l C3 3°Creef. Apt. No : r n .? „ -- 1 = M1 or PO Box No. //? K (??N? a)e2d (,S tx)Qp- r11 City, State, ZIP+4t [[ ?` ------- C, 91-11Ze P/a 170/3 301 1IARKET STREET PO. BON 109 LEMOYNE, PENNSYLVANIA 17043-0109 WU!W'.JDSW.C0jN1 717.761.4540 FAX: 717.761.3015 MA11,@?DSW.CO14 JOHNSON, DUFFIE, STEWART & WEIDNER, P.C. _: ;- } F. ..r v..s .? ?y wy f '? i ?' ??° h? J ?? ? ? . C .? :: ?7? _y [:'7 "t L? {ti MYRA L. TOOMEY, Plaintiff V. WILLIAM B. TOOMEY, Defendant AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 13, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 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. 2. 1 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. 1 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 above 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. i Date: 4MyraLmey, Plainti :298767 IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1404 CIVIL ACTION - LAW , . - 3? 4 -? '?? . y_. ? ,?, ?„?"? MYRA L. TOOMEY, Plaintiff V. WILLIAM B. TOOMEY, Defendant AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 13, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. 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. 2. 1 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. 1 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 above 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:r c I / William B. Toomey, Defendant IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-1404 CIVIL ACTION - LAW :298771 C. its ? n n -0 -17 ? WW yy Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff MYRA L. TOOMEY, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-1404 V. WILLIAM B. TOOMEY, Defendant 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. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served on March 24, 2007 via Acceptance of Service, filed March 30 2007. 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: by the Plaintiff September 25, 2007; by the Defendant September 14, 2007. . - 1-. 2007-1404 CIVIL TERM 4. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (c) (1) (i) of the Divorce Code: Waiver of Notice signed by Plaintiff on September 25, 2007, and filed concurrently herewith. Waiver of Notice signed by Defendant on September 14, 2007, and filed concurrently herewith. FFIE, STEWART & WEIDNER 000 rawi vIccvy :311217 Enclosures -st ?y ? ? ?:? ?? ? ? ?"t? ? ?^J '?? ,? ^?-? _ SC?s .- --i , ? ? ? ? ? IN THE COURT" OF COMMON PLE OF CUMBERLAND COUNTY STATE OF PENNA. MYRA L. TOOMEY, ' PLAINTIFF VERSUS WILLIAM B. TOOMEY, DEFENDANT , PLAINTIFF, DECREE IN DIVORCE AND NOW, OCiab&A- y , Z,&07 , IT IS ORDI RED AND DECREED THAT MYRA L. TOOMEY AND WILLIAM B. TOOMEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, S THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS HICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORD R HAS NOT YET BEEN ENTERED; /71 BY THE OURT: AA ATTEStr N 0. 2007-1404 CIVIL J J. PROTHONOTARY ??? ??? ? ? p. S _ Q1 ,? ?, _ ? -• -.