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HomeMy WebLinkAbout03-4205LAURYNNE BETH MOORE Plaintiff, PETER JAMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. o3- IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court for divorce. 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 GROUNDS FOR DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY, FIRST FLOOR, CUMBERLAND COUNTY COURTHOUSE, 1 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 LAURYNNE BETH MOORE Plaintiff, PETER JAMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. -- IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above Plaintiff, by attorney, Paul S. Allen, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: COUNT I COMPLAINT UNDER SECTION 3301(C) OR SECTION 3301(D}OF THE DIVORCE CODE 1. The Plaintiff, Lauryanne Beth Moore, an adult individual who currently resides at 1805 Signal Hill Drive, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, since June 28,2003. 2. The Defendant, Peter James Moore, is an adult individual who currently resides at 656 Observatory Drive, Lewisberry, County of York, Commonwealth of Pennsylvania, since approximately 1979. 3. Plaintiff and Defendant are sui juris and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on August 27, 2002, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval 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. 6. There has been no prior action for divorce or annulment instituted by either &the parties in this or any other jurisdiction. 7. Plaintiffhas been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are children of the parties under the age of 18, namely: Brian Joseph Moore, born March 17, 2003. 9. The Plaintiff and Defendant are both citizens of the United States of America. 10. The causes of action and sections of Divorce code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that the Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on October 15, 1994. 11. Plaintiff requests your Honorable Court to enter a Decree in Divorce from the bond of matrimony. COUNT II ALIMONY AND ALIMONY PENDENTE LITE, COUNSEL FEES~ COSTS AND EXPENSES 12. Paragraphs one (1) through eleven (11) of this complaint are incorporated herein as if fully set forth herein. 13. The Plaintiff, Lauryanne Beth Moore, requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 14. The Plaintiff, Lauryanne Beth Moore, requests the Court to allow alimony and alimony pendent elite, counsel fees, costs and expenses as it deem reasonable pursuant to §3701 and §3702 of the Pennsylvania Divorce Act. WHEREFORE, the Plaintiff requests your Honorable Court to enter and award alimony, alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees as deemed appropriate. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: By: Paul Attorney No. 72950 4086 Wimbledon Drive Harrisburg, Pa. 17112 (717) 651-0771 Attorney for Plaintiff LAURYNNE BETH MOORE Plaintiff, PETER JAYMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court for divorce. If you wish to defend against the claims set fonh 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 judgmem 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 GROUNDS FOR DIVORCE IS INDIGNITIES OR IRRETRIEVABLE BREAKDOWN OF THE MARRIAGE, YOU MAY REQUEST COUNSELING. A LIST OF MARRIAGE COUNSELORS IS AVAILABLE IN THE OFFICE OF THE PROTHONOTARY, FIRST FLOOR, CUMBERLAND COUNTY COURTHOUSE, 1 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 DONOT 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 LAURYNNE BETH MOORE Plaintiff, V. PETER JAMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4205 IN DIVORCE AMENDED COMPLAINT IN DIVORCE AND NOW comes the above Plaintiff, by attorney, Paul S. Allen, Attorney at Law, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: COUNT I COMPLAINT UNDER SECTION 3301(C) OR SECTION 3301(D)OF THE DIVORCE CODE 1. The Plaintiff; Laurynne Beth Moore, an adult individual who currently resides at 1805 Signal Hill Drive, Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania, since June 28,2003. 2. The Defendant, Peter James Moore, is an adult individual who currently resides at 656 Observatory Drive, Lewisberry, County of York, Commonwealth of Pennsylvania, since approximately 1979. 3. Plaintiff and Defendant are sui juris and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on August 27, 2002, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither Piaintiffnor Defendant is in the military or naval 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. 6. There bas been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiffhas been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there are children of the parties under the age of 18, namely: Brian Joseph Moore, bom March 17, 2003. 9. The Plaintiff and Defendant are both citizens of the United States of America. 10. The causes of action and sections of Divorce code under which Plaintiffis proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that the Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on June 24, 2003. 11. Plaintiff requests your Honorable Court to enter a Decree in Divorce l~om the bond of matrimony. COUNT I1 ALIMONY AND ALIMONY PENDENTE LITE~ COUNSEL FEES~ COSTS AND EXPENSES 12. Paragraphs one (1) through eleven (11) of this complaint are incorporated herein as if fully set forth herein. 13. The Plaintiff; Laurynne Beth Moore, requires reasonable support and alimony to adequately maintain herself in accordance with the standard of living established during the marriage. 14. The Plaintiff; Laurynne Beth Moore, requests the Court to allow alimony and alimony pendent elite, counsel fees, costs and expenses as it deem reasonable pursuant to {}3701 and {}3702 of the Pennsylvania Divorce Act. WHEREFORE, the Plaintiffrequests your Honorable Court to enter and award alimony, alimony pendente lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees as deemed appropriate. I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. La~u~y~,l~ eth Moore By: Attorney No. 72950 4086 Wimbledon Drive Harrisburg, Pa. 17112 (717) 651-0771 Attorney for Plaintiff LAURYNNE BETH MOORE Plaintiff, V. PETER JAMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4205 IN DIVORCE AFFZDAVZ'~ OF COI~IS~F~ U~ID~ ~C'fZ(~ 330]. (C) O~' 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on September 8, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed since the filing of the Complaint. 3. I consent to the entry of final decree in divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs or expenses has not been filed with the court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary=s Office, which list is available to me upon request. 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. 6. 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. Date: Laur ynn-~t h Moore LAURYNNE BETH MOORE Plaintiff, V. PETER JAMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4205 IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION $301~C) OF THE DIVOgC~_. COD~ AND I~%~v~,~ OF COUNSELING 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on September 8,2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 90 days have elapsed since the filing of the Complaint. 3. I consent to the entry of final decree in divorce. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs or expenses has not been filed with the court before the entry of a final Decree in Divorce, the right to claim any of them will be lost. 5. I 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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. 6. 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. P~ter lames Moore LAURYNNE BETH MOORE Plaintiff, V. PETER JAMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4205 IN DIVORCE O1~' A DIVORC~ 3301 (¢) 01~' 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 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 ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: Lauryn~e Beth Moore LAURYNNE BETH MOORE Plaintiff, V. PETER JAMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4205 IN DIVORCE I~%ZVEROF NOTICE OF ZNTENTIONTO~E~UEST ~'A'~ OF A DIVORCE DECP~ SgC~ZO~ 3301(C) OF ~m~ DI'VOI:~CB C~n~ 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 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 ARE MADE SUBJECT TO THE PENALTIES OF 18 PA. C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Date: ~ ~D ~0~ SY:~e~ Moore LAURYNNE BETH MOORE Plaintiff, PETER JAMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE CERTIFICATION/AFFIDAVIT OF SERVICE OF COMPLAINT IN DIVORCE BY CERTIFIED F~AIL COMMONWEALTH OF PENNSYLVANIA ) ) SS. COUNTY OF DAUPHIN ) PAUL S. ALLEN, being duly sworn according to law, deposes and says that on the ay of~j~,~Jhe caused to be deposited in the U.S. Mail at Harrisburg, P&nnsylvania for delivery to the above-named Defendant, at 656 Observatory Drive, Lewisberry, Pennsylvania, by Certified Mail, Return Receipt Requested, a true and correct copy of the Complaint in Divorce in the above case. Said Receipt is attached hereto, made a part hereof and marked Exhibit Pa~ S. Allen, Esq. Attorney for Plaintiff LAURYNNE BETH MOORE Plaintiff, V. PETER JAMES MOORE Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-4205 IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with following information, to the Court for entry of divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: Service was accepted by the Defendant on the by certified mail, return receipt requested. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: I{~.(o/~t~ By Defendant: 4; Related claims pending: None S. Allen, Esq. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaintiff VERSUS PETER JAMES MOORE Defendant N O. 03-4205 DECREE IN DIVORCE AN D NOW, LAURYNNE BETH MOORE DECREED THAT PETER JAMES MOORE AND , ,~,d7,/1~ , 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; BY THE C. OURT:/ ~/~~~ROTHONOTARY