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HomeMy WebLinkAbout04-1015LAURIE R, YOUNG, Plaintiff VS, LAWRENCE J. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O/-/- /o/~ J 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 foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 LAURIE R. YOUNG, Plaintiff VS. LAWRENCE J. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this 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 of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. LAURIE R. YOUNG, Plaintiff VS. LAWRENCE J. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. ___________________~, IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, LAURIE R. YOUNG, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is LAURIE R. YOUNG, an adult individual who currently resides at 1021 Sandy Hollow Road in New Bloomfield, Perry County, Pennsylvania. 2. The Defendant is LAWRENCE J. YOUNG, an adult individual who currently resides at 812 West Keller Street in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the 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 parties have been married twice. They were first married on 18 October 1985 and that marriage ended in a divorce decree entered in 1994. They subsequently remarried on 24 December 1995 and that is the marriage which Plaintiff seeks to end or dissolve in this divorce action. Other than the prior divorce action in 1994, there have been no prior actions of divorce or annulment between the parties. COUNT I -- IRRETRIEVABLE BREAKDOWN 5. The marriage is irretrievably broken. 6. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II -- EQUITABLE DISTRIBUTION 8. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as martial property. COUNT III -- ALIMONY 9. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 10. Plaintiff is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 1 1. The Defendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant permanent alimony in such sums as are reasonable and adequate to support and maintain Plaintiff in the station of life to which she has become accustomed during the marriage. COUNT IV -- ALIMONY PENDENTE LITE 12. Plaintiff is without sufficient income to support and maintain herself during the pendency of this action. 13. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimony pendente lite during the pendency of this action. COUNT V -- COUNSEL FEES AND EXPENSES 14. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 15. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 16. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Sam'~ L. Andes ~ Attorney for Plaintiff Supreme Court ID # 17225 525 North 1 2th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: LAURIE R. YOUNG SHERIFF' S RETURN - CASE NO: 2004-01015 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND YOUNG LAURIE R VS YOUNG LAWRENCE J REGULAR RON KERR , Cumberland County,Pennsylvania, says, the within COMPLAINT - DIVORCE YOUNG LAWRENCE J DEFENDANT , at 1600:00 HOURS, on the __ at 812 WEST KELLER STREET MECHA/qICSBURG, PA 17055 PAT YOUNG, MOTHER a true and attested copy of Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 17th day of March , 2004 by handing to COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof, Sheriff's Costs: Docketing 18.00 Service 7.59 Affidavit Surcharge 10.00 35.59 Sworn and Subscribed to before me this /~ day of ~/~ ~ A.D. thonotary So Answers: R. Thomas Kline 03/18/2004 SAMUEL ANDES Deputy Sheriff SHERIFF'S CASE NO: 2004-01089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOOTE LARRY ESR ET AL VS SIMMONS ROBERT A ET AL RETURN - REGULAR RON KERR , Cumberland County, Pennsylvania, says, the within COMPLAINT - EJECTMENT was served upon SIMMONS ROBERT A DEFENDANT at 1842:00 HOURS, on the 17th day of March at 752 SHIPPENSBURG ROAD NEWVILLE, PA 17241 by handing to ROBERT A SIMMONS a true and attested copy of COMPLAINT - EJECTMENT Sheriff or Deputy Sheriff of who being duly sworn according to law, the , 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.35 Affidavit .00 Surcharge 10.00 .00 38.35 Sworn and Subscribed to before me this /9 ~ day of ~k~ ~L~3 q~ A.D. ~Prothonotar~ So Answers: R. Thomas Kline 03/18/2004 MARCUS MCKNIGHT SHERIFF'S RETURN - CASE NO: 2004-01089 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FOOTE LARRY ESR ET AL VS SIMMONS ROBERT A ET AL REGULAR RON KERR Cumberland County,Pennsylvania, says, the within COMPLAINT - EJECTMENT HALVERSON TAMMY M DEFENDANT at 1842:00 HOURS, at 752 SHIPPENSBURG ROAD NEWVILLE, PA 17241 ROBERT A SIMMONS, a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon on the 17th day of March to by handing ADULT IN CHARGE - EJECTMENT the 2004 together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .0'0 16.00 Sworn and Subscribed to before me this /9 ~ day of ~ ~U¥ A.D. honotary So Answers: R. Thomas Kline 03/18/2004 MARCUS MCKNIGHT By: Deputy Sheriff LAURIE R. YOUNG, Plaintiff VS. LAWRENCE J. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1015 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 in 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 18 June 2004 LAURIE R. YOUNG, Plaintiff VS, LAWRENCE J. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I.AW NO. 04-1015 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 in 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 Waiver are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa, C.S. Section 4904 relating to unsworn falsification to authorities. LAURIE R. YOUNG, Plaintiff VS, LAWRENCE J. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1015 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 9 March 2004 and served upon the Defendant on or about 17 March 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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. 18 June 2004 LAURIE R. YOUNG, Plaintiff VS. LAWRENCE J. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1015 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 9 March 2004 and served upon the Defendant on or about 17 March 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing of the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree in divorce either after service of a Notice of Intention to Request Entry of the Decree or upon filing of my Waiver of the Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to auth iq~_tjP~s~. / --~ 18June2004 ~~// LAURIE R. YOUNG, Plaintiff VS, LAWRENCE J. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-1015 CIVIL TERM IN DIVORCE PRAECIPE TO THE PROTHONTOARY: Please withdraw the economic claims previously filed in this matter by the Plaintiff, including the claim for equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. 23 June 2004 Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 LAURIE R. YOUNG, Plaintiff VS, LAWRENCE J. YOUNG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-101§ 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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c). 2. Date and manner of service of the Complaint: Acceptance of Service filed by Plaintiff's counsel indicatinQ service on or about 17 March 2004. 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: By Plaintiff: 18 June 2004 By Defendant: 18 June 2004 (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 18 June 2004 and filed conteml~oraneouslv herewith. Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: Dated 18 June 2004 and filed contemporaneously herewith. Date: 23 June 2004 Attorney for Plaintiff IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF .~. PENNA. LAURIE R. YOUNG, Plaintiff NO. 04-1015 civil Term VERSUS LAWRENCE J. YOUNG, Defendant AND NOW, DECREED THAT AND DECree IN DIVORCE LAURIE R. YOUNG , ~/~/ , IT IS ORDERED AND PLAINTIFF, LAWRENCE J. YOUNG ,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; NONE ATTEST: J. ~/~~/PROTHO NOTARY