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HomeMy WebLinkAbout07-1865GARRY ANDREW PINCKNEY, Plaintiff, Vs. CRYSTAL MARIE PINCKNEY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. U 't CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 Domestic Relations Office, 13 North Hanover Street, 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, 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, PA 17013 GARRY ANDREW PINCKNEY, Plaintiff, vs. CRYSTAL MARIE PINCKNEY, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint 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 the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. 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 days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com GARRY ANDREW PINCKNEY, Plaintiff, vs. CRYSTAL MARIE PINCKNEY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 07- l.DLS CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, GARRY ANDREW PINCKNEY, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is GARRY ANDREW PINCKNEY, an adult individual who currently resides at 11 Koser Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant is CRYSTAL MARIE PINCKNEY, an adult individual who currently resides at 28 West Seminary Street, Mercersburg, Franklin County, Pennsylvania, 17236. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 21, 2002, in Chambersburg, Franklin County, Pennsylvania. 5. The Parties separated on March 4, 2007, when Defendant moved herself and the Parties' children out of the marital residence. 6. Plaintiff has been in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments, specifically the United States Army. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a)(2) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Defendant has committed adultery. 16. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (a) (2) of the Divorce Code. COUNT IV REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a)(6) OF THE DIVORCE CODE 17. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 18. Defendant has offered such indignities to Plaintiff, who is the innocent and injured spouse, so as to render Plaintiff's condition intolerable and life burdensome. 19. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (a) (6) of the Divorce Code. COUNT V REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 20. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 21. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 22. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 23. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. Respectfully Submitted, KOPE & ASSOCIATES Date: rl" ?/ j Les ey m, Esq. 03/22/2007 19:49 717-761-7572 KOPE & ASSOCATES FAGS 14/1.6 VERIFICATION I, Garry Andrew Pinckney, the Plainttff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsifications to authorities. Dated: Garry A drew Pinckney fJ 0 ?I w v( V m °f7 iTi CA) KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeame-kopelaw.com GARRY ANDREW PINCKNEY, Plaintiff, vs. CRYSTAL MARIE PINCKNEY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-1865 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint on behalf of the Defendant and certify that I am authorized to do so. Hannah Herman-Snyder, E quire Griffie & Associates, LLC 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant Date: y - 9 - 0 -1 ;tC_} ~ 2 t ' Praecipe to Enter Appearance Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Crystal Pinckney IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff V. NO. 07-1865 CIVIL TERM CIVIL ACTION - LAW CRYSTAL M. PINCKNEY, IN DIVORCE Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Crystal M. Pinckney. Papers may be served at the address set forth below: Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 G. RADCL(FF, ESQUIRE Date: March 5, 2008 ?' :17 Divorce Counterclaim Prepared By Plaintiff Pro Se, Assisted by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff : NO. 07-1865 CIVIL TERM V. CRYSTAL M. PINCKNEY, 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 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 Defendant. 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 Office of the Prothonotary, 1" Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. 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 PROVIDER 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, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff NO. V. CIVIL ACTION- LAW CRYSTAL M. PINCKNEY, DIVORCE Defendant COUNTERCLAIM FOR DIVORCE AND NOW, this day of , 2008, comes the Defendant, Crystal M. Pickney and files this Counterclaim for Divorce and avers that: 1. 2. 3. 4. 5. 6. The Plaintiff is Garry A. Pinckney, an adult individual who currently resides 170 Thorney Grove Lane, Shippensburg, Cumberland County, PA . The Defendant is Crystal M. Pinckney, an adult individual whose mailing address is P.O. Box 557, Blue Ridge Summit, PA 17214. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on September 21, 2002 at Chambersburg, Pennsylvania and separated on March 4, 2007. Defendant avers that the grounds on which the action is based are that the marriage is irretrievably broken. There have been no prior actions of divorce or annulment between the parties. -1- 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Defendant has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Defendant requests this Honorable Court to enter a Decree of Divorce. Date Crystal M(Nckney, Defendant, Pr Assisted b .-) DIANE G. RADCLIFF, ESQUIRE 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 VERIFICATION I, Crystal M. Pinckney, verify that the statements made in this Counterclaim 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 for unsworn falsification to authorities as provided in 18 Pa.C.S. Section 4904. 2/27/08 Date A. I Crystal inckney, Defendant, Pr -2- V CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Lesley J. Beam, Esquire KOPE Et ASSOCIATES 4660 Trindle Road • Suite 201 Camp Hill, PA 17011 (Counsel for Plaintiff) L Registr tion No 32112) Camp Hill, PA 17011 Email: dianeradctiff Ccomcast.net Phone: (717) 737-0100 Fax: (717) 975-0697 Assistant Counsel for Defendant Dated: -3- C> c?ra Q C `r7 C=2 rnm s.. ~ • e5 .Z IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff NO. 07-1865 CIVIL TERM V. CRYSTAL M. PINCKNEY, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 4, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 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. Dated: - nR c CRYSTA . PINCKNEY CJ ^a o M-„ ? ? 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff NO. 07-1865 CIVIL TERM V. CRYSTAL M. PINCKNEY, Defendant CIVIL ACTION - LAW IN DIVORCE 1. 1 consent to the entry of a final decree in 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 in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: 3 n? CRYST M. PINCKNEY ?' ? °m ? ?? _ ? - ?- ; ? ?; ? r . ? ?-- ,,,? =?-- -?ci ?, ? N '? ? ".?G t KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a-kopelaw.com GARRY ANDREW PINCKNEY, Plaintiff, vs. CRYSTAL MARIE PINCKNEY, Defendant. Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. 07-1865 CIVIL ACTION - LAW IN DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL AND NOW COME Lesley J. Beam, Esquire, and Kope & Associates, LLC, and files the following Petition for Leave to Withdraw as Counsel and in support thereof avers as follows: 1. Petitioner is Lesley J. Beam, Esquire, and Kope & Associates, LLC, who are presently counsel of record for Plaintiff, Garry Andrew Pinckney, in the above-captioned matter. 2. Respondent is Garry Andrew Pinckney, Plaintiff, in the above-captioned matter, with the address of 11 Koser Lane, Shippensburg, PA 17257. 3. Petitioner has represented Respondent, Gary Andrew Pinckney, pursuant to the above-docketed divorce action since March 5, 2007. 4. During the course of Petitioner's representation of Respondent, Respondent has ceased all communication with counsel. 5. Respondant has failed to keep Petitioner informed regarding the issues of the case. It is believed that respondent has proceeded with the divorce, including negotiation and execution of certain documents without the knowledge of Petitioner in an attempt to finalize the divorce without the representation of Petitioner. 6. Respondent has undermined Petitioner's ability to competently represent him. 7. Respondent has also failed to make any payments for his representation since April 4, 2007. Respondent has been notified by monthly invoices of his balance due which has significantly increased over this period. g. Petitioner lalieves that there has been a breakdown in the attorney/client relationship as a isult of the above and Petitioner accordingly requests permission to withdraw as count for Respondent. 9. Petitioner'sithdrawal as counsel for Respondent will have no material adverse effect on Respotnt's interests pursuant to Pennsylvania Rule of Professional Conduct 116. 10. Petitioner hiupplied a copy of this Petition for Leave to Withdraw as Counsel upon counsel for tNfendant, who does concur with this Petition. 11. Petitioner, U J. Beam, Esquire, and Kope & Associates, LLC, respectfully request that they beved to withdraw as counsel for Respondent due to the mutual termination of the aff"client relationship. ?t WHEREFORE, Petitioner respectfully requests that this Honorable Court permit Lesley J. Beam, Esquire and Kope & Associates, LLC, to withdraw as counsel for Respondent, Garry Andrew Pinckney. Ily submitted, Date: p ,,Wesley e?m, Esquire KOPE A VB SSOCIATES, LLC Supreme Court ID #91175 CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on March 31, 2008, 1 served a copy of the within Petition by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Garry Andrew Pinckney 11 Koser Lane Shippensburg, PA 17257 (Respondent) Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (Attorney for Defendant) Respectfully Submitted, KOPE & By: ATES, LLC Beam, Esquire die Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 r -71 .. -t GARRY ANDREW IN THE COURT OF COMMON PLEAS OF PINCKNEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW CRYSTAL MARIE PINCKNEY, Defendant NO. 07-1865 CIVIL TERM ORDER OF COURT AND NOW, this 91h day of April, 2008, upon consideration of the Petition for Leave To Withdraw As Counsel, a Rule is hereby issued upon Plaintiff and Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, J.lwJ sley O Lesley J. Beam, Esq. 4660 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff ,/6iane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant Jdarry A. Pinckney 1 I Koser Lane Shippensburg, PA 17257 , J. :rc VINVAIASNPOd Z C •Zl Nd 6- ddV 2001 kNIO 1 V +H } ate/ 3OH*. Consent to Withdrawal petition Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff V. CRYSTAL M. PINCKNEY, Defendant NO. 07-1865 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE CONSENT TO THE WITHDRAWAL OF REPRESENTATION OF LEGAL COUNSEL I, Diane G. Radcliff, Esquire, Attorney for Defendant, being duly authorized, hereby consent to the withdrawal of Lesley J. Beam, Esquire of Kope Et Associates as legal counsel for the Plaintiff, Garry A. Pinckney, in the above captioned case. --DM-IgE-G. DCLIFF, ESQUIRE r Defendant Dated: April 10, 2008 ?_ ? ;? ? -rt ...? ;''? _.- ?., ? ;, _ ,? ?..d (!? ," LC KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 IbeamO-kopelaw.com GARRY ANDREW PINCKNEY, Plaintiff, vs. CRYSTAL MARIE PINCKNEY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-1865 CIVIL ACTION - LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner Lesley J. Beam, Esquire, and motions this Court to make absolute the Order that it issued in this matter on April 9, 2008, and in support of said Motion states as follows: 1. On April 2, 2008, Petitioner filed with this Court a Petition for Leave to Withdraw Appearance. 2. On April 9, 2008, the Honorable J. Wesley Ohler, Jr. issued a Rule to Show Cause, ruling all parties to show cause why Petitioner's Petition to Withdraw Appearance should not be granted. A true and correct copy of said Rule to Show Cause is attached hereto and incorporated herein as Exhibit A. 3. The Order/Rule was returnable fourteen (14) days from the date of service. 4. On April 9, 2008, said Rule to Show Cause was mailed to Defendant's counsel at 3448 Trindle Road, Camp Hill, Pennsylvania 17011. 5. On April 9, 2008, said Rule to Show Cause was mailed to Petitioner's client, the Plaintiff, at his current address of 11 Koser Lane, Shippensburg, Pennsylvania 17257. 6. Counsel for Defendant filed a consent to the withdrawal of Petitioner as legal counsel for Plaintiff on April 11, 2008. 7. More than fourteen (14) days have passed from the date of service of the Rule to Show Cause upon Petitioner's client, the Plaintiff, yet Plaintiff has not filed a response to the Rule to Show Cause. WHEREFORE, Petitioner Lesley J. Beam, Esquire, respectfully requests that this Court make absolute the Rule to Show Cause issued on April 9, 2008 and grant Petitioner's Petition for Leave to Withdraw as Counsel. Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Lesley m, Esquire Date: Cl /0,1" 0 q VERIFICATION I, Lesley J. Beam, the Petitioner in this matter, have read the within Motion to Make Rule Absolute. I verify that my averments in Motion are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsifications to authorities. Dated: Lesl earn, Esquire GARRY ANDREW IN THE COURT OF COMMON PLEAS OF PINCKNEY, CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW CRYSTAL MARIE PINCKNEY, . Defendant NO. 07-1865 CIVIL TERM ORDER OF COURT AND NOW, this 9`h day of April, 2008, upon consideration of the Petition for Leave To Withdraw As Counsel, a Rule is hereby issued upon Plaintiff and Defendant to. show cause why the relief requested should not be granted. RULE RETURNABLE within 14 days of the date of this order. BY THE COURT, Lesley J. Beam, Esq. 4660 Trindle Road Camp Hill, PA 17011 Attorney for Plaintiff /6iane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant 4arry A. Pinckney 1 Koser Lane Shippensburg, PA 17257 :rc CERTIFICATE OF SERVICE I, Lesley J. Beam, Esquire, hereby certify that on April 24, 2008, 1 served a copy of the within Motion by depositing the same in the United States Mail, first class, postage prepaid in Camp Hill, Pennsylvania, addressed as follows: Garry A. Pinckney 11 Koser Lane Shippensburg, PA 17257 (Respondent) Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (Attorney for Defendant) Respectfully Submitted, KOPE & ASSOCIATES, LLC By' J4- -1 ak, esle am, Esquire 4660 rindle Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 1. } r 7 ?.,..J ?? __ ti i?; . ? _,_ ?., t; ?J _ ,..? ?,? , q ; ... 'r, -?: A; w APR 2 9 2008 KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam[D-kopelaw.com Attorney for Plaintiff GARRY ANDREW PINCKNEY, Plaintiff, VS. CRYSTAL MARIE PINCKNEY, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : NO. 07-1865 CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this day of , 2008, upon consideration of the Petitioner's Motion to Make Rule Absolute, Counsel for Defendant's consent to said Motion, and Plaintiff's failure to answer the Rule to Show Cause issued in the above- captioned matter, it is hereby ORDERED and DIRECTED that Petitioner's Petition for Leave to Withdraw Appearance is GRANTED. Petitioners will be withdrawn upon filing a Praecipe with the Prothonotary. BY THE COURT: , J. ?al0715 g- m of 1 -*kL 40 ,r KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQUIRE ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam(a).kopelaw.com GARRY ANDREW PINCKNEY, Plaintiff, vs. CRYSTAL MARIE PINCKNEY, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 07-1865 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW AS COUNSEL TO THE PROTHONOTARY: Please enter the withdrawal of counsel for Plaintiff Garry Andrew Pinckney in the above captioned matter per the Order dated May 5, 2008 of this Honorable Court. Respectfully Submitted, KOPE & IATES, LLC By: Lesley J/Beam, Esquire ID# A 175 466 Trindle Road Suite 201 Camp Hill, PA 17011 717-761-7573 Attorney for Defendant IAL CERTIFICATE OF SERVICE I, Lesley J. Beam, do hereby certify that on this the 12th day of May, 2008, 1 served a true and correct copy of the foregoing Praecipe to Withdraw as Counsel via regular U.S. First Class mail, postage prepaid, addressed as follows: Garry A. Pinckney 11 Koser Lane Shippensburg, PA 17257 (Respondent) Diane G. Radcliff, Esquire 3448 Trindle Road Camp Hill, PA 17011 (Attorney for Defendant) Respectfully Submitted, KOPE & ASSOCIATES, LLC By: Vesley am, Esquire 4660 Alt Road Suite 201 Camp Hill, PA 17011 (717) 761-7573 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff NO. 07-1865 CIVIL TERM V. CIVIL ACTION - LAW CRYSTAL M. PINCKNEY, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 4, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. 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. Dated: 3I, GARRY A PINCK EY c -r• ;gym - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff NO. 07-1865 CIVIL TERM V. CRYSTAL M. PINCKNEY, Defendant CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final decree in 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 in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. i? Dated: GARR A. PINCK EY to t;?3 = c.s IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff V. CRYSTAL M. PINCKNEY, Defendant NO. 07-1865 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR WITHDRAWAL OF APPEARANCE To the Prothonotary: Withdraw my appearance on behalf of Defendant. Date: s?? n yd , Esquire riffie 6t Associates, LLC 200 North Hanover Street Carlisle, PA 17013 f7 A co cn r- -< Garry A. Pinckney IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Crystal M. Pinckney Defendant To the Prothonotary: CIVIL DIVISION NO. 07-1865 PRAECIPE TO TRANSMIT RECORD CIVIL TERM Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Complaint was filed on April 4,#2007. Attomey Hannah Herman-Snyder, Esquire acknowledged and accepted service on behalf of Defendant on April 9, 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff May 20, 2008 by defendant March 1' 2Q" (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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 to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 20, 2008 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: March 1, 2008 Attorney for PI ' iff / Defendant e? t Divorce Counterclaim Prepared By Plaintiff Pro Se, Assisted by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff @comcast.net IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff NO. 07-1865 CIVIL TERM V. : CIVIL ACTION - LAW CRYSTAL M. PINCKNEY, IN DIVORCE Defendant 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 Defendant. 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 Office of the Prothonotary, 1St Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. 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 PROVIDER 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, PA 17013 Telephone No. (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff V. CRYSTAL M. PINCKNEY, Defendant : NO. 07-1865 CIVIL TERM : CIVIL ACTION- LAW : DIVORCE AMENDED COUNTERCLAIM AND NOW, this 10th day of March, 2009, comes the Defendant, Crystal M. Pickney and files this Amended Counterclaim and avers that: COUNT I CLAIM FOR DIVORCE 1. 2. 3. 4. 5. 6. 7. 8. The Plaintiff is Garry A. Pinckney, an adult individual who resides at 103 Main Street, Newburg, PA 17240-8110 The Defendant is Crystal M. Pinckney, an adult individual who resides at 324 Briar Lane, Chambersburg, Cumberland County, PA 17202 Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on September 21, 2002 at Chambersburg, Pennsylvania and separated on March 4, 2007. Defendant avers that the grounds on which this claim for divorce is based is that the marriage is irretrievably broken. There have been no prior actions of divorce or annulment between the parties. Defendant is not a member of the Armed Services of the United States or any of its Allies. Defendant has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. -1- WHEREFORE, Defendant requests this Honorable Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION 9. Defendant incorporates by referenced the averments set forth in paragraphs 1 through 8 herein, the same as if fully set forth at length. 10. The parties acquired property and debts during their marriage from the date of marriage to the date of separation, all of which is "marital property" and/or "marital debts". 11. Respondent and Petitioner have been unable to agree as to an equitable division of said property and debts as of the date of the filing of this Amended Counterclaim. WHEREFORE, Petitioner requests this Honorable Court to equitably divide all marital property and debts of the parties. COUNT III ALIMONY PENDENTE LITE, ALIMONY 12. Defendant incorporates by reference the averments set forth in Paragraphs 1-11 herein as fully as though the same were set forth at length. 13. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 14. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Petitioner requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV COUNSEL FEES AND COSTS 15. Defendant incorporates by reference the averments set forth in Paragraphs 1-15 herein as fully as though the same were set forth at length. 16. Defendant has employed legal counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. -2- WHEREFORE, Petitioner requests this Honorable Court to enter an award for counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Date: March 10, 2009 FF, ESQUIRE Trindle Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 -3- VERIFICATION I, Crystal M. Pinckney, by her attorney at law, Diane G. Radcliff, Esquire, verify that the statements made in this Counterclaim 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 for unsworn falsification to authorities as provided in 18 Pa.C.SriaVon 4904. 3/10/09 Date -4- CERTIFICATE OF SERVICE I hereby certify that I am this day serving the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure: Service by First Class Mail Addressed as Follows: Garry A. Pinckney 103 Main Street Newburg, PA 17240-8110 (Plaintiff Pro Se) , ESQUIRE ney Regis ration No 32112) Camp Hill, PA 17011 Email: dianeradcliff@comcast net Phone: (717) 737-0100 Fax: (717) 975-0697 Assistant Counsel for Defendant Dated: ( b 13 -5- ? ? u r; f ? S"' r S ? j . A ,.) f ? ?' ... (?i ? =ka ?_... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff : NO. 07-1865 CIVIL TERM V. CRYSTAL M. PINCKNEY, Defendant : CIVIL ACTION - LAW : IN DIVORCE 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 ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on March 3, 2007 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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 falsifications to authorities. Date: 3/4/2009 n CRYST L . PINCKNEY, Defenda t w `zt W -e GARRY A. PINCKNEY, Plaintiff V. CRYSTAL M. PINCKNEY, : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-1865 CIVIL TERM ORDER OF COURT AND NOW, this 13h day of March, 2009, upon consideration of the praecipe to transmit record, and it appearing that various economic claims remain pending of record in this case notwithstanding the indication of "None" in the praecipe, and the signature on the praecipe being difficult to read and not indicative of the capacity of the signer, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new praecipe to transmit the record. BY THE COURT, J./Wesley Oler, Garry A. Pinckney 103 Main Street Newburg, PA 17240-8110 Plaintiff, pro Se ?Diane G. Radcliff, Esq. 3448 Trindle Road Camp Hill, PA 17011 Attorney for Defendant :rc "LS e7t?3c c ? ? cry .,..r CL LIJ C!': C4j U ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff NO. 07-1865 CIVIL TERM V. : CIVIL ACTION - LAW CRYSTAL M. PINCKNEY, IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Diane G. Radcliff, Esquire, being duly sworn according to law, depose and say that on March 13, 2009, 1 served a true and correct copy of the Defendant's 3301(d) Affidavit upon Garry A. Pinckney, the Plaintiff, by Certified Mail, Restricted Delivery, addressed as follows: Garry A. Pinckney 103 Main Street Newburg, PA 17240-8110 The Certified Mail return receipt mailing card, or a copy thereof, for the foregoing is attached hereto as Exhibit "A" and made a part hereof. Sworn to and subscribed before me a Notary Public in and for Cumberland County, Penns lvania this /64 day o , 20QZ. NOTARY PUBLIC COMMONMALTH OF PENNSYL NIA My commission expires: Notarial Seal Deborah L Donley, Notary Public Carnp Hill eoro, GxnberlL Cpuriy My ConunMk)n E*Ues Sept 23, 2011 Member, Pennsylvania Assxiation of Notari®r Camp Hill, PA 17011 Supreme Court I.D. No. 32112 Attorney for Defendant ¦ Complete items 1, 2, and 3. Also complete It" 4 If Restdcled.pelive.ry Is desired. '11111.,Nrit.your name and- address on the reverse 30 that We can retuhrt the card to you. 091111fth this card to the back of the mailpiece, or on the front If space permits. 1. AqIcfe Addressed to: y y A. ??N?? ! 03 M? ?? S-I-. N,ewbu rj P+ 1-7 Zqo_ mo ? Agent 8 Received by ( NerneJ C. Date of Delivery 3 -/.3.0 D. Is dell4y address dMierent kern 1? ? Yes If YES, enter delivery address below: 13 No 3. Service Type ? Mail ? EVress Man Registered O Return Receipt for Merchandise ? Insured Mail ? C.O.D. 2. Article Number (A mellar Abm aarvloa 660 P3 Form 3811, Feb u" 2004 Domestic Return ? tosssae a?#taw EXHIBIT "A" RETURN RECEIPT CARD ?, ? `. s ?? --r?, - ? 4 :,5:. ?... ; , ; i .. -T - .. ? }?? ?`? ?:: f~ t..^ ? ? y ? ?? Y ? ? t ,? {fir IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff V. CRYSTAL M. PINCKNEY, Defendant : NO. 07-1865 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE FOR WITHDRAWAL OF CLAIMS To the Prothonotary: Please withdraw all economic claims heretofore raised by the parties including the following: 1. Plaintiff's claim for equitable distribution; 2. Defendant's claims for equitable distribution, alimony pendente Lite, alimony, counsel fees and costs. GARB A. PINC Y, Pro se Dated: "Z!r )gIANEG. RA CLIFF, ESQUIRE egistration No 32112) 3448 Trindle Road, Camp Hill, PA 17011 Email: dianeradcliff@comcast.net Phone: (717) 737-0100 • Fax: (717) 975-0697 Counsel for Defendant Dated: -,3/2-4 169 C,) - m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARRY A. PINCKNEY, Plaintiff NO. 07-1865 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE V. CRYSTAL M. PINCKNEY, Defendant TO THE PROTHONOTARY: PRAECIPE OF TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. DATE OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: April 4, 2007 b. Manner of Service of Complaint: Acceptance of Service by Hannah Herman-Snyder, Esq. C. Date of Service of Complaint: April 9, 2007 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: May 20, 2008 b. Defendant: March 1, 2009 C. 4. RELATED CLAIMS PENDING: No issues are pending. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: May 27, 2008 b. Defendant's Waiver: March 6, 2008 Supreme Court ID # 32112 Phone: (717) 737-0100 =r TJ t' -T4 ` t T C?J ?'7J GARRY A. PINCKNEY V. CRYSTAL M. PINCKNEY NO. 07-1865 DIVORCE DECREE AND NOW, Ip r-2 Z.oal -, it is ordered and decreed that GARRY A. PINCKNEY plaintiff, and CRYSTAL M. PINCKNEY bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA By the Court, I ?4