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Home My WebLink About03-2637TIMOTHY M. SWEENEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION-LAW 611 - (03 -7 NO. 02 CIVIL TERM DONNA W. SWEENEY, 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 will proceed without you and a decree in divorce or annulment 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 at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL, PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 32 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 TIMOTHY M. SWEENEY, Plaintiff vs. DONNA W. SWEENEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW '03 - ? (03-2 NO. CIVIL TERM IN DIVORCE 1. Plaintiff is Timothy M. Sweeney, who currently resides at 607 5th Street, Borough of New Cumberland, in the County of Cumberland, Commonwealth of Pennsylvania. 2. The Defendant is Donna W. Sweeney, who currently resides at 1130 Pinetown Road, Borough of Lewisberry, County of York, Commonwealth of Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on June], 1991, in York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The following children are born to Plaintiff and Defendant: Hannah Sweeney, date of birth: May 18, 1994; Rebecca Sweeney, date of birth: April 9, 1996. 7. The marriage is irretrievably broken. S. The parties have lived separate and apart since July 18, 2002, and continue to live separate and apart as of the date of this Complaint. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. The Defendant, Donna W. Sweeney, is not a member of the armed forces of the United States or its allies. WHEREFORE, Plaintiff respectfully requests that this honorable court enter a decree of divorce. COUNT II Equitable Distribution 11. Paragraphs 1 through 10 of this Complaint are incorporated herein as if set forth in full. 12. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture, household furnishings, and real estate acquired during their marriage which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted, Date Brian C. Bornman, Esquire Atty. ID 89105 Kline Law Office 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing 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 unworn falsification to authorities. MM MC V 3d? ??G ?/ O Date TIMOTHY M. SWEENEYY? ?, ?J 0 ;? ,, ;`: . -.? (? ? <r \ `?? ? W a: ? ? ? c? ? o TIMOTHY M. SWEENEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION-LAW NO. 03-2637 CIVIL TERM DONNA W. SWEENEY, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT a certified copy of the Divorce Complaint filed in the above captioned case was served upon Defendant by certified mail, return receipt requested on June 5, 2003, addressed to : Donna W. Sweeney 1130 Pinetown Road Lewisberry, PA 17339 and I did thereafter receive same as evidenced by the attached Post Office receipt card dated June 17, 2003. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 8 3wtie Zoa y Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff' I$. Pw'tal Service :ER-PIFIED MAIL RECEIF Domestic Mail Only: No Insur9 m LSBtY A 439 D ru Postage $ $0 60 f` : 0070 aFC-o i n Certigad Fee ? 01 U 0 Retum Recelpt Fee 1atmark ?l Rare ? 0 (Endomemem Required) . O D? 4 O 0 Restricted DelWery Fed (Endorsement nt Required) . p I ( e'1 G Total Postage & Fees $ 06 d Sent TO / . ?Li> . . -- ' -- ••• /?? 1.?? Sr l.]L. GN .. 0 Street, Apt. No.; ? D or PO box - ', L .._. .-....._ .... -------------- r ----------------------------------- - aey,?t'ttBli ?t°1 Pt/ Y?'i4 /7331? ¦ Complete Items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery 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 R space permits. 1. to: r 9 A. Signature nt _r a X?, reeaee S. Received by (Printed Name) C. Date of Delivery Dw? x) eeA V1 41 D. is delivery address different 14 7 Yes If YES, i 3. Servkp pe Cert1 4rrass Mail 0 Hegiete'M"-L t! - Return Receipt for Merchandise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) yes 2. Article Number (F,anstsr from suvace labso 7001 1140 0000 5792 32111 PS Form 3811, August 2001 Domestic Return Receipt 102595-o1-M-0381 co 0 0 TIMOTHY M. SWEENEY, Plaintiff, V. DONNA W. SWEENEY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 2637 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER DONNA W. SWEENEY, Defendant, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. and in support of the motion states: Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Defendant, Donna W. Sweeney, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire, and the Plaintiff, Timothy H. Sweeney, has appeared in this action by his attorney, Robert P. Kline, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c) and/or (d). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Costs and expenses and Counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half (1/2) day. 7. Additional information, if any, releva Date: April 18, 2006 ORDER APPOINTING MASTER AND NOW Esquire, is appointed Divorce Master with respect to the following claims: By the Court: J. ICJ TIMOTHY M. SWEENEY, Plaintiff, V. DONNA W. SWEENEY, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003 - 2637 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER DONNA W. SWEENEY, Defendant, moves the court to appoint a master with respect to the following claims: a. Equitable distribution of the marital assets; b. Costs and expenses; and c. Counsel fees. and in support of the motion states: 1. Discovery is complete as the claims(s) for which the appointment of a master is requested. 2. The Defendant, Donna W. Sweeney, has appeared in this action by her attorney, Marcus A. McKnight, III, Esquire, and the Plaintiff, Timothy H. Sweeney, has appeared in this action by his attorney, Robert P. Kline, Esquire. 3. The statutory ground for divorce is No-Fault 3301(c) and/or (d). 4. Delete the inapplicable paragraph(s): a. The action is contested. b. An agreement has been reached with respect to the following claims: Divorce C. The action is contested with respect to the following claims: Equitable distribution of the marital assets; Costs and expenses and Counsel fees. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one-half (1/2) day. Additional information, if any, relevant to the Date: AND NOW k ( the following c 1? x lJ' April 18, 2006 Do aC)u U None. appointed Divorce Master with respect to By the urt: ? ate (Z' k ,,,, 'L -• TIMOTHY M. SWEENEY, Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-2637 CIVIL TERM DONNA W. SWEENEY, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: Kati , 2007 TIMOTHY M. SWEENEY ` , tI- ?? TIMOTHY M. SWEENEY, Plaintiff V. DONNA W. SWEENEY, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-2637 CIVIL TERM IN DIVORCE 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. 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. 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 in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: e- 7 , 2007 TIMOTHY M. SWEENEY Plaintiff C:P C? TIMOTHY M. SWEENEY, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-2637 CIVIL TERM DONNA W. SWEENEY, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unworn falsification to authorities. Date: 2007 omw'4 - - DONNA W. SWEENE o `? ` A - - i TIMOTHY M. SWEENEY, Plaintiff V. DONNA W. SWEENEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-2637 CIVIL TERM IN DIVORCE 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. 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. 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 in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: Cp _ 2 , 2007 ovw?? DONNA W. SWEENE Defendant - ] i"? jn A? ".J TIMOTHY M. SWEENEY, Plaintiff VS. DONNA W. SWEENEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 - 2637 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this I0ItA` day of , 2007, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on June 7, 2007, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, Q'? 112? Edgar B. Bayley, P.J. cc: Robert Peter Kline Attorney for Plaintiff Marcus A. McKnight, III Attorney for Defendant ??. 101b. ?- '=? pry : , f?, ? _ i!.' i..l? ?s?.? ?Jy , 4 ??-.1?-? p-.., C a7 :`.: ?! E^?t ?./ TIMOTHY M. SWEENEY, Plaintiff VS. DONNA W. SWEENEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO. 03-2637 CIVIL TERM 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. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail on June 17, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff June 7, 2007; By Defendant: June 7, 2007. 4. Related claims pending: None. All related claims have been resolved pursuant to an Agreement and Stipulation dated June 7, 2007, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5. 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(d) of the Divorce Code: Waiver of notice executed by Plaintiff on June 7, 2007 and by Defendant on June 7, 2007. Respectfully submitted, I.?- Date ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, PA 17070-0461 (717) 770-2540 Attorney for Plaintiff .?. ?--_ _ t..-.u 4t. ?? ?z-'--? „ . ?• ..-- ?o ..: - ?_, .. .?. `?,; `:=., r_ ....- _ ::i ?.?? :?; IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY %ra low STATE OF PENNA. TIMOTHY M. SWEENEY, Plaintiff VERSUS DONNA W. SWEENEY Defendant N O. 03-2637 civil Term DECREE IN DIVORCE AND NOW, -so `y Q , 2007 , IT IS ORDERED AND DECREED THAT AND TIMOTHY M. SWEENEY DONNA W. SWEENEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, I DEFENDANT, 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; BY THE COURT: PROTHONOTARY The Agreement and Stipulation dated 'June 7, 2007 is hereby incorporated into, but shall not merge with, this Decree. d