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Home My WebLink About07-7785IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN A. NYE, PLAINTIFF, Civil Action---Divorce Docket No. ~'1- ?'i85 1, iv i l T~.t-m V. . JOHN L. NYE, . DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. 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 BA.R ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN A. NYE, PLAINTIFF, Civil Action---Divorce Docket No. V. JOHN L. NYE, DEFENDANT, AVISO PARR DEFENDER Y RECLAMAR DERECHOS LISTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base Para el divorcio es indignidades o rompimiento irreparable del matrimoni, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEAB DI ORCIO O ANULIAM ENTO SEA EMIT DO. LISTED DECRETO FINAL DE PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUE PEP~AGAV ~ ~~ DONDE PUEDELLAME A LOFFICINAINDICADA ABAJO OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Muirual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counseourthousel l Courth ose SquareeCarlsle,oPennsylvania Cumberland County C 17013. 7'~Vest Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 GREGORY S. HA~.LETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CAROLYN A. NYE, PLAINTIFF, Civil Action---Divorce . Docket No. ~ 7 • ~ 78S~ V. JOHN L. NYE, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Carolyn A. Nye, an adult individual, sui juris an who currently resides 22 Harmon Road, Newburg, 17240, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is John L. Nye, an adult individual, sui juris, who currently resides at 22 Harmon Road, Newburg, 17240 in the County of Cumberland, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on March 26~' 1964, in Hagerstown, State of Maryland. 5. Neither the Plaintiff nor the 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 have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since December 5th, 2007. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties have four biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, alimony, or property division. GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. COUNTI PETITION FOR EQUITABLE DIVISION, DISTRIBUTION AND ASSIGNMENT OF MARITAL PROPERTY 13. The averments of paragraph 1 through 13 of Count I, aze incorporated herein by direct reference thereto as if set forth verbatim. 14. The parties aze the owners of various items of personal property and real property which qualifies as marital property as defined in Section 401 of the 1980 Divorce Code. 15. Such marital property includes real and persona] property as well as other intangible property thought to exist, including but not limited to pensions, bank accounts, etc. 16. Such property is subject to equitable division, distribution and assignment by this Court. WHEREFORE, Plaintiff prays that this Honorable Court: (a) equitably divide, distribute and assign all of the parties' marital property: (b) enjoin Defendant from transferring or encumbering any marital property during the pendency of this action. COUNT II ALIMONY & ALIMONY PENDENTE LITE 17. The averments of pazagraphs 1 through 16 of Count I of this Complaint aze incorporated herein as if set forth verbatim. 18. Plaintiff, is in need of alimony pendente lite during the pendancy of this divorce proceeding to provide to her financial support sufficient to meet and fulfill her reasonable needs. 19. Plaintiff will also incur legal expenses and costs to pursue the legal claims for which she is entitled to and required to pursue, and/or assert her defenses to the same and as such is in need of financial support Plaintiff, Carolyn A. Nye, has heretofore expended $500.00 in counsel fees relative to this action and will incur additional expense during its pendancy up until its conclusion. 20. Plaintiff, states that subsequent to the entry of the divorce decree she will encounter financial constraints derived from the costs and expenses associated with maintaining a lifestyle which she currently is accustomed to during her marriage to plaintiff. 21. Plaintiff, declares that due to the disparate level of income as between herself and plaintiff, husband she will be unable to fulfill her reasonable needs and sustain that lifestyle for which she has become accustomed during her marriage. 22. Plaintiff, alleges and avers that in the absence of such Alimony defendant will be unable to provide for her basic necessities and fulfill her financial obligations as they become due subsequent to the entry of a divorce decree. WHEREFORE, Plaintiff prays that this Honorable Court grant her Alimony Pendente Lite during the pendancy of this action and Permanent Alimony subsequent to the entry of a Decree in Divorce until such time as the law will allow and provide. GREGORY S. HAZELETT, ESQUIRE ATTORNEY ByCOUNSF~E)R A~, rJre~ 5:7H6~~~s9uire v A rney for Plaintiff West Main Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief 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. & 4904, relating to unsworn falsification to authorities. ~I Carolyn A Nye, Plaintiff Date: ~ U 6 #~ ~ ~ ~ O t *~~* v1 '~ J w t .~ -64. A O ~_ ~~ G s t i ~ t7 ~ Q ~ _ G~ `T7I-; t . ^X _~1 ;,' . i. . r_ ~~-4 l ~ . ~~: __ ~ - ''_4 ~, c~ ;~~ rn rv `~ : ~ .~ ,. iV