Loading...
HomeMy WebLinkAbout07-4365Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 (717) 236-9316 fax Itintner~ btpalaw.com Attorneys for Plaintiff CAROLE A. SIMMONS, PLAINTIFF v. DAVID J. SIMMONS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. D7. ~.3(oS" ~' 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 Plaintiff. 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, Cumberland County Courthouse, 1 Courthouse Square, 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 the 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 (20) of the date on which you received this notice. Failure to do so will constitute a waiver of your right to request counseling. 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. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 (717) 236-9316 fax Itintnerf~ btpalaw.com Attorneys for Plaintiff CAROLE A. SIMMONS, PLAINTIFF v. DAVID J. SIMMONS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. . ~~ ~- NO. D?- y3GS ~~-. CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER $3301(C) OR §3301(D) THE DIVORCE CODE AND NOW COMES the Plaintiff, Carole A. Simmons, by her counsel, Leonard Tintner, Esquire, and Boswell, Tintner, Piccola & Alford, and complains of the Defendant, David J. Simmons, as follows: 1. Plaintiff is Carole A. Simmons, an adult individual currently residing at 1006 Copper Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant is David J. Simmons, an adult individual, with a current mailing address of 1006 Copper Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least 6 months previous to the filing of this complaint. 4. Plaintiff and Defendant were married on November 16, 1984, in Frederick, Maryland. 5. There are two children born of this marriage, namely Alison C. Simmons (date of birth - 12/30/88) and Lucas J. Simmons (date of birth - 8/3/90). 6. The parties separated on or about March 5, 2007. 7. There have been no prior actions of divorce or annulment between the parties. 8. Neither of the parties in this action is presently a member of the Armed Services of the United States. 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, but avers that she does not require or request counseling. 10. The marriage is irretrievably broken. 11. The parties may enter into a written agreement with regard to property division, in which case such agreement may be incorporated by the Court into the Final Decree of Divorce. 12. Plaintiff requests the Court to enter a Decree in Divorce WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce under §3301 (c) or §3301(d) of the Divorce Code. COUNTI EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 of this Complaint are hereby incorporated by reference as though set forth in full. 14. Plaintiff and Defendant have acquired property, both real and personal, during their marriage and to the present time. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to divide equitably all marital property. COUNT II ALIMONY 16. Paragraphs 1 through 15 of this Complaint are hereby incorporated by reference as though set forth in full. 17. Plaintiff lacks sufficient property or income to provide for her reasonable needs for food, clothing and housing. 18. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony. COUNT III ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 19. Paragraphs 1 through 15 of this Complaint are hereby incorporated by reference as though set forth in full. 20. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorneys fees for said counsel. 21. Plaintiff is unable to sustain herself during the course of this litigation without assistance. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of alimony pendente lite, interim counsel fees, costs, and expenses, until final hearing, and thereupon award such additional counsel fees, costs, and expenses, as deemed appropriate. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & ALFORD By: onard Tintner, Esquire DATE: aG~~ ~ o~ Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 (717) 236-9316 fax ItintnerQ btpalaw.com Attorneys for Plaintiff CAROLE A. SIMMONS, PLAINTIFF v. DAVID J. SIMMONS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. . NO. CIVIL ACTION -LAW IN DIVORCE VERIFICATION I, Carole A. Simmons, Plaintiff, hereby verify that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. CAROLE A. SIMMONS oa•E ~~a31o~ ..^_J 'V7 -..} O ~. ~ ~ ~ w f _ ~ r~ '1 S ~ ~ ~ ~~ ~ ' _ ~ _ _. ~,, ~A ~ R -~ ~: ~ ~ ~~ a °~1 ~ ~ ~~ Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER & PICCOLA 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 (717) 236-9316 fax Itintner@btpalaw.com Attorneys for Plaintiff CAROLE A. SIMMONS, PLAINTIFF v. DAVID J. SIMMONS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 07-4365-CIVIL CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301 L) OF THE DIVORCE CODE I, CAROLE A. SIMMONS, being duly sworn according to law, depose and say that: 1. I am the Plaintiff in the above-captioned action in divorce under Section 3301(c) of the Divorce Code. 2. 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. 3. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 4. 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. 5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 24, 2007. 6. My marriage to DAVID J. SIMMONS, is irretrievably broken. 7. Ninety (90) days have elapsed from the date of filing the Complaint. 8. I consent to the entry of a final Decree of Divorce. 9. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I, CAROLE A. SIMMONS, Plaintiff, 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.A. Section 4904, relating to unsworn falsification to authorities. CAROLE A. SIMMONS DATE: ~ Q~,~ IU-1 ..ti CJ eV ,b ~ ~ 4 {lr ~~.~ 11 xx i i ""~~: ~~ V •~:,- r~; ~•~ ~ C `~C C!'1 ~ CJ7 i CAROLE A. SIMMONS, PLAINTIFF v. DAVID J. SIMMONS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 07-4365-CIVIL CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT UNDER SECTION 3301 (c) OF THE DIVORCE CODE I, DAVID J. SIMMONS, being duly sworn according to law, depose and say that: 1. I am the Defendant in the above-captioned action in divorce under Section 3301(c) of the Divorce Code. 2. 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. 3. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 4. 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. 5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 24, 2007. 6. My marriage to CAROLE A. SIMMONS is irretrievably broken. 7. Ninety (90) days have elapsed from the date of filing the Complaint. i i ~ 8. I consent to the entry of a final Decree of Divorce. 9. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. DAVID J. SIMMONS, Defendant, 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.A. Section 4904, relating to unsworn falsification to authorities. J. SIMMONS DATE: ZC. Mop 2oc~ r +., W 'I~ l~) ..~ ~~ ~ - ~ '~C ~_. . ~ . T ~i 9~J. a 4~ ` ~ i} ~~- . W t ~'t Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER & PICCOLA 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717)236-9377 (717) 236-9316 fax Itintner@btpalaw.com Attorneys for Plaintiff CAROLE A. SIMMONS, PLAINTIFF v. DAVID J. SIMMONS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 07-4365-CIVIL CIVIL ACTION -LAW IN DIVORCE 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 if I do not claim them before a divorce id 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. §4904 relating to unsworn falsification to authorities. CAROLE A. SIMMONS DATE: ~ W r.D Q`~ ~ ~ -~? ~? o y„ i r,~rr; ~;l __ I_f {, [ ~ ,, ~ ~ Y ~ ~ Lli GJ1 CAROLE A. SIMMONS, PLAINTIFF v. DAVID J. SIMMONS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 07-4365-CIVIL CIVIL ACTION -LAW IN DIVORCE 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 if I do not claim them before a divorce id 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. §4904 relating to unsworn falsification to authorities. DAVID J. IM ONS DATE: ~~ 2oocT ° ~i .~,. ' .r~ x,,,, e~' '~ {"~~ , ~+ ~~' ~y: ~ . n ~;- ~~ t -...s . .. .. .. ~C:{ , %~. c"; ~ ~ ~ ~~t~ m ttt Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER & PICCOLA 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 (717) 236-9316 fax Itintner@btpalaw.com Attorneys for Plaintiff CAROLE A. SIMMONS, PLAINTIFF v. DAVID J. SIMMONS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 07-4365-CIVIL CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Denise L. Foster, Paralegal, hereby certify that I served a true and correct copy of the Complaint for the above-mentioned matter, on Defendant David J. Simmons, by Certified Mail, Restricted Delivery, Return Receipt Requested. The complaint was mailed on July 24, 2007. The Defendant signed for the Complaint on August 2, 2007, as evidenced by the green card attached hereto as Exhibit "A." Denise L. Foster, Paralegal Sworn an ubscribed before me this day of March, 2009. Notary Public C©MMONWFJILTI-l OF PENNSYLVANIA Notarial Seal Connie L Hardy, Notary Public City Of Harrisburg, Dauphin County My Commissbn ErrErires Feb.18, 2011 Member, Pennsylvania Assaciation of Notaries r ^ Cc+ntpriete Items t, 2, end 3. Also complete hem ~ H Restricted Delivery is desired. ' . ^ Print your name and address on the reverse eo we can return the card to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits, 1 • Article Addressed to: ~ ~L~/~~ ~ ~mrnc~' lO aCv (c~oP-~-i ~~~ ~ ~ Agent Re~wed bj! (P~Virild Nerve) C. Date of DelhrMy 'TMb v le delivery address d item 11 K YES, enter delivery pebYV; ~ 1~. w au ~ -2 2ooa .~ )f, /~ / 3. Type _ a "+au ~ Insured Mail D C.D.D. ` ~ ~ 4. Restricted Delivery? (Exha Fee) y~ 2. Article Number (Aan•~r>>~wrr awab.~b.~ 7 D D 2 2 4 bD-~D t] 3 1216 9 7 0 3 PS Form 3$11, 2004 DorrNeSc Pl,gxr, peoeipt y loxaes•aa~t.te~o rvk~~~sb~ n~ T~o~ c'? ~.... '"`'~ ~ ~~ ~ ~~ CI ~ ~ ~~ ~ . . C t ,, <~3 -~ ~ ~ '.~ cn ` u . Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER & PICCOLA 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717)236-9377 (717) 236-9316 fax Itintner@btpalaw.com Attorneys for Plaintiff CAROLE A. SIMMONS, PLAINTIFF v. DAVID J. SIMMONS, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. 07-4365-CIVIL 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. Ground for divorce: irretrievable breakdown under Section ~X) 3301 (c) 3301 d 1 of the Divorce Code. (Check applicable section). 2. Date and manner of service of the Complaint: Certified Mail, Return Receipt Requested -green card signed 8/2/2007. 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: Plaintiff - 3/26/2009; Defendant 3/26/2009. r ~ (b). (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: n/a; 4. Related claims pending: None 5. Date and service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered under section 3301 (d)(1)(i) of the Divorce Code. n/a. LEONARD TINTNER Attorney for (x) Plaintiff ()Defendant DATE: March 26, 2009 -. 1 i~r7,.L lfi ~ ~VL ~~ ~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CAROLE A. SIMMONS, V. DAVID J. SIMMONS NO. 07-4365-CIVIL DIVORCE DECREE AND NOW, Aor.` ~`~ l.~q , it is ordered and decreed that CAROLE A. SIMMONS, plaintiff, and DAVID J. SIMMONS defendant, are divorced from the bonds of matrimony. 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.") >~iou~ By the Court, Attest; J Prothonotary ~~ ~ ~- ~ 09 ~~ ~~~ ~ a ~ ,,, ~`.~ r} - ~~..