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HomeMy WebLinkAbout08-3191RENEE E. NEWCOMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. LOWELL D. NEWCOMER, : 3!?/ 4,Z4/ Defendant : IN DIVORCE NOTICE TO DEFEND 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A 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 TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & 26 West High Street Carlisle, PA Mar'yb Matas, Esquire Attorney' Id. 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff RENEE E. NEWCOMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 0j- 319 Cu J- 7-e. LOWELL D. NEWCOMER, Defendant IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1. Plaintiff is Renee E. Newcomer, an adult individual currently residing at 7620 Veteran's Way, Ickesburg, Perry County, Pennsylvania 17037. 2. Defendant is Lowell D. Newcomer, an adult individual currently residing at 1828 Sterrett's Gap Avenue, Carlisle, Cumberland County, Pennsylvania 17013 3. Plaintiff is a bona fide resident in the Commonwealth of Pennsylvania and has been so for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 14, 2004 in Carlisle, Cumberland County, Pennsylvania. 5. There has been no prior action for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 ( c) of the Domestic Relations Code. Respectfully submitted, SAIDIS, FLOWER & LINDSAY ? J Ma atas, Esq Attorney . No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, RRFLONVER LIlVDSAY 26 West High Street Carlisle, PA SAIDIS, UNDS" ?T .,?T- L W 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document 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 '!1 Renee C. Newcomer, laintiff i a} d1 1 T ,a Fa C.J : J RENEE E. NEWCOMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-3191 LOWELL D. NEWCOMER,. Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Robert W. Lindsay, Constable, an adult individual not a party to the above-referenced action, being duly sworn according to law, hereby deposes and says that on w1 171Z,6_C(_, 2008, at PM, I served a true and correct copy of the Divorce Complaint upon Lowell D. Newcomer by personal service at the following address: N A? rt"Qkw s Po R` Al ccs ?2'A'c L' A-0 A Q l%. MOt KA kc-s ?? err p. 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. Robert inds , Constable P.O. Box 2 Shippensburg, PA 17257 FLOWER & I.IlVDSAY Al' AW 26 West High Street Carlisle, PA Dated: (_Q I 1,r Jr, 0 Sworn+tp and subscri d before me this ff?? day of _'2008. BARBARA L STEEL, Notary Pablo Catrliale B m Cumberland County, PA M Commission Ex Tres June 7, 2031 Gw C= ?R -mr R WOLF & WOLF, ATTORNEYS AT LAW NATHAN C. WOLF, ESQ. SUPREME COURT ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013-2922 717-241-4436 ATTORNEY FOR DEFENDANT RENEE E. NEWCOMER, Plaintiff v. LOWELL D. NEWCOMER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE DOCKET NO. 08-3191 PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL OF RECORD TO THE PROTHONOTARY: Kindly ENTER the appearance of NATHAN C. WOLF, ESQUIRE, as attorney for the defendant, Lowell D. Newcomer, in this matter. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: June, 2008 Na?c. Wolf, Esquire 10 High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - DIVORCE : DOCKET NO. 08-3191 CERTIFICATE OF SERVICE I, Nathan C. Wolf, Esquire, hereby certify that I have served a true and correct copy of the WOLF & WOLF, ATTORNEYS AT LAW NATHAN C. WOLF, ESQ. SUPREME COURT ID NO. 97380 10 WEST HIGH STREET CARLISLE PA 17013-2922 717-241-4436 ATTORNEY FOR DEFENDANT RENEE E. NEWCOMER, Plaintiff V. LOWELL D. NEWCOMER, Defendant foregoing entry of appearance upon the following person by United States Mail, postage prepaid, and in the matter indicated: Marylou Matas, Esquire Saidis Flower & Lindsay, P.C. 26 West High Street Carlisle, PA 17013 Dated: June li, 2008 Respec bmitted, Nath . Wolf, Esquire 10 West High Street Carlisle, PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Defendant ? 7 " r rn SAIDIS, FLOWER & LIlVDSAY 26 West High Street Carlisle, PA RENEE E. NEWCOMER, Plaintiff W LOWELL D. NECOMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01,009-3(RI IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, Renee E. Newcomer, [select one by marking "x"] X prior to the entry of a Filial Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Renee E. Rohrer and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. Date: 231cq ?1 I K) CO'NA- Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On the 193 day of (Aube-r , 2000/, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my NOTARIAL SEAL KART GANTZ Notary Public ELIZABETHTOWN BORO LANCASTER COUNTY My Commission Expires Oct 20, 2012 Prothonotary or zoo FILET ,-- Q 'iCE OF THE PF= T!- " 'O ?ARY 2009 NOV -5 P 3: -22 VA? do {? °? (p S 111 ,2 #, -)41 _?, 3 6 RENEE E. NEWCOMER, Plaintiff v LOWELL D. NEWCOMER,: Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3191 IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on November 5, 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 &kw FIAWERIS & LENDSAY 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: c ((?`l?? I 0 6 (?kjl?? RENEE E. NEWCOMER NOV 10 2009 R FU-0,5' OF 7N1'" P nll, s 11111 iARY 2009 NOV 20 PM 3: 26 LEI?Ns RENEE E. NEWCOMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-3191 n LOWELL D. NEWCOMER, ' `- Defendant rr? F IN DIVORCE N _qFT? . - ? AFFIDAVIT OF SERVICE ?f7i r? to the above-referenced t t id l i di l I, Robert W. Lindsay, Constable, y a par no ua n v t an adu SAMIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA action, being duly sworn according to law, hereby deposes and says that on 2.bl 0 ,2MT, at AM/PM, I served a true and correct copy of the 3301(d) Affidavit, Counter-Affidavit and Notice of Intention to proceed upon Lowell D. Newcomer by personal service at the following address: r??r? r'? nor ?1 f 7WS 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. e W. ds y, Constable P.O. Box 224 Shippensburg, PA 17257 Dated: I,- ( Q - I(-) 0 Sworn to and subscri ed before me this A61 day of , 2099. I [AL SEAL BARBARA E. STEEL, Notary Public Carlisle Boroy (ombalmd County, PA Commission E Tres June 7, 2011 RENEE E. NEWCOMER, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-3191 LOWELL D. NEWCOMER, n N - Defendant IN DIVORCE r .° PRAECIPE TO TRANSMIT RECORD + To the Prothonotary: E-? -t; together with the following information 'to tie C4@k for Kindly transmit the record , entry of a Decree in Divorce: v ' Grounds for Divorce: Irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on June 17, 2008, via personal service. Proof of service was filed with the Court on June 18, 2008. 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: November 11, 2009; filed on November 20, 2009 Defendant served by personal service with the Plaintiffs affidavit on January 16, 2010. Proof of service upon Defendant filed on January 21, 2010. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: Defendant served via personal service on January 16, 2010. SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA Marylo t , Esquire-' Supreme Couft ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 To: Lowell D. Newcomer SAIDIS, LINDSAY A770WjEn-Ar-1Aw 26 West High Street Carlisle, PA RENEE E. NEWCOMER, Plaintiff V. LOWELL D. NEWCOMER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-3191 IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF 3301(d) DIVORCE DECREE ca c- 6" -, is N C= -n M U3 N) ? 1 V C.3 G) co ._rf T 1?'^7-`?9 r)ti? " T. You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after the twentieth day that you were served with this document by Constable Lindsay, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim or economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAE 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 (717) 249-3166 or 800-990-9108 Respectfully submitted, SAIDIS, FLOWER & LINDSAY Dated: /,/( ? /ZU(0 i Mary ou fd? tas, qu 4, e/ Attome r W. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff RENEE E. NEWCOMER, Plaintiff v LOWELL D. NEWCOMER, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PE"SYWANIA CIVIL ACTION - LAW ' 71 NO. 08-3191 w IN DIVORCE ?-' PRAECIPE TO TRANSMIT RECORD t.0 =f'' -ti CO -< Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on June 17, 2008, via personal service. Proof of service was filed with the Court on June 18, 2008. 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: November 11, 2009; filed on November 20, 2009 Defendant served by personal service with the Plaintiffs affidavit on January 16, 2010. Proof of service upon Defendant filed on January 21, 2010. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: Defendant served via personal service on January 16, 2010. SAIDIS, FLOWER & LINDSAY SAIDIS, LINDSAY ATTORNEYS-AT IAw 26 West High Street Carlisle, PA r Ma tas, Es re Suprem urt ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 IN THE COURT OF COMMON PLEAS OF RENEE E. NEWCOMER : CUMBERLAND COUNTY, PENNSYLVANIA V. LOWELL D. NEWCOMER No. 2008-3191 DIVORCE DECREE AND NOW, it is ordered and decreed that RENEE E. NEWCOMER , plaintiff, and LOWELL D. NEWCOMER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for By the Court, 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 Prothonotary .3 .a ?Io ?? r?.R-? ?