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HomeMy WebLinkAbout03-2097CAROL S. LOONEY, Plaintiff Vo RICHARD P. LOONEY, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNA 'NO. · CIVIL ACTION - LAW · IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 Court House, One Courthouse Square, Carlisle, 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 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, Pennsylvania 17013 Phone: (717) 249-3166 CAROL S. LOONEY, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNA v. .NO. _ RICHARD p. LOONEY, · CIVIL ACTION - LAW Defendant ' IN DIVORCE NOTICE OF AVAIl,ABILITY OF COUNSELINC To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, 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 professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary CAROL S. LOONEY, Plaintiff · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNA v. 'NO. ~,3 - · d>q'7 RICHARD P. LOONEY, · CIVIL ACTION - LAW Defendant ' IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Carol S. Looney, social security no. 179-44-8641, who currently resides at 407 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Richard P. Looney, social security no. 174-46-6318, who currently resides at 407 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania 17007· 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaim. 4. Plaintiff and Defendant were married on October 3, 1998, in Cumberland County, Pennsylvania. o There have been no prior actions for divorce or annulment between the parties. The Plaintiff is a citizen of the United States of America. The Defendant is an active member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. 9. The Plaintiffhas been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. 11. The parties to this action have been separated since March 18, 2003. This action is not collusive. WHEREFORE, the Plaintiffrequests the Court to enter a Decree in divorce dissolving the marriage between the Plaintiff and Defendant. Date JAMES, SMITH, DIETTERICK & CONNELLY Courtney L. Kis!~l, Esquire Attorney for Plairitiff Post Office Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 81509 VERIFICATION I verify that the statements made in this Pleading 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 unswom falsification to authorities. Date: Carol S. Looney, Plaintiff CAROL S. LOONEY, Plaintiff Vo RICHARD P. LOONEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 03-2097 : : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 Dauphin County Court House, Room 101, Front and Market Streets, Harrisburg, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Dauphin County Lawyer Referral Service 213 North Front Street Harrisburg, Pennsylvania 17101 Phone: (717) 232-0581 Courtney L. Kish~ Esquire Attorney for PlainOff CAROL S. LOONEY, Plaintiff Vo RICHARD P. LOONEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 03-2097 : : CIVIL ACTION - LAW : IN DIVORCE COUNT 1 AMENDED COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Carol L. Looney, social security no. 179-44-8641, who currently resides at 407 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Richard P. Looney, social security no. 174-46-6318, who currently resides at 407 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania 17007. Plaintiff and Defendant were married on October 3, 1998, in Cumberland County, Pennsylvania. 4. and number. 5. Plaintiff filed a Complaint in Divorce on May 2, 2003, docketed to the above term Said Complaint is incorporated herein by reference thereof. The Defendant is not an active member of the Armed Services of the United States of America or its Allies. 6. This action is not collusive. WI-IEREFORE, the Plaintiff requests that the Divorce Complaint filed on May 2, 2003, be amended to reflect that the Defendant is not an active member of the Armed Services of the United States of America or its Allies: Date: JAMES, SMITH, DIETTERRICK & CONNELLY Courtney L. Kish4 Esquire Attomey for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 PA I.D. No. 81509 VERIFICATION The undersigned, Courtney L. Kishel, Esquire, of the law firm of James, Smith, Dietterick & Connelly LLP, Hershey, Pennsylvania, hereby certifies that the foregoing Amended Divorce Complaint has been prepared by me by knowledge and information acquired during the course of my representation of Plaintiff, Carol S. Looney; that I execute this verification as a signature of said Plaintiff cannot be obtained in the time permitted for the filing of this pleading; and that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: Courtney L. Kishe~ Esquire CAROL S. LOONEY, Plaintiff RICHARD P. LOONEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 03-2097 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN AND NOW, this 5th day of June, 2003, personally appeared before me, a Notary Public in and for the State and County aforementioned, Courmey L. Kishel, Esquire, who, being duly sworn according to law, deposes and says that a copy of the Complaint in Divorce and Amended Complaint in Divorce was served on the Defendant, Richard P. Looney, on June 4, 2003, by certified mail number 7002 2410 0006 5863 4422, addressee only, remm receipt requested, as evidenced by the remm receipt card attached hereto and made a part hereof. courtney L. t~, Esquire Swom to and subscribed before me this ,..~-~t . day of(~~ 2003. NOT^.,^, Jean L. Kosier, Notary Public City of Hummelstown,County of Dauphin My Comm?s,~s!~o~n Expires Feb__ O' 2004 2410 CAROL S. LOONEY, Plaintiff RICHARD P. LOONEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 03-2097 : : CML ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 2, 2003, and an Amended Complaint in Divorce under Secxion 3301(c) of the Divorce Code was filed on May 12, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed fi:om the date of both the filing and service of the Complaint. 3. I 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 §3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce i~s granted. 3. I 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.A. §4904, relating to unswom falsification to authorities. Date: CAROL S. LOONEY, Plaintiff RICHARD P. LOONEY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA : : NO. 03-2097 : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 2, 2003 and an Amended Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 12, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the filing and service of the Complaint. 3. I 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 ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce i.s granted. 3. I 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 irnmediately 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.A. §4904, relating to unswom falsification to authorities. Date: ~/I q / ~)q Ricfiard P. Loo-ney, D~fen/d/d~l~t CAROL S. LOONEY, Plaintiff V. RICHARD P. LOONEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 03-?,097 CIVIL ACTION -- LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following infom~ation, to the Court for the 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 and Amended Complaint in Divorce: June 4, 2003, via Certified United States Mail, return receipt requested. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by the plaintiffMarch 19, 2004; by the defendant un March 19, 2004. 4. Related claims pending: None. 5. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary simultaneously with the foregoing document. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary simultaneously with the foregoing document. 134 Sipe Avenue Hummelstown, PA 1713,36 Attorney ID No. 81509 (717) 533-3280 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~~ PENNA. CAROL S. LOONEY Plaintiff VERSUS RICHARD P. LOONEY Defendant N O. 03-2097 DECREE 1N DIVORCE AND NOW, DECREED THAT ~rnl ,q- Lr~n~y AND Richard P. Loonev , ./_~Q__~, 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; All claims of record have been settled pursuant to a Marital Settlement Agreement dated March 16, 2004 incorporated herein by reference, bu~::not merged into this Divorce Decree. BY THE COL/JRT: /2 /~/ AtT~/5~ $: _ . m J' /~. - ~y'-' ~PROTHONOTaRY