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HomeMy WebLinkAbout09-5846 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff SHANNON L. HARRISON, THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND CO?JNTY, PENNSYLVANIA VS. :No RICHIE D. HARRISON, CIVIL ACTION - AT LAW Defendant 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 at the Cumberland Courthouse, One 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, PA 17013-3308 (717) 249-3166 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff SHANNON L. HARRISON, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No C 9- 5 F Y4 e"- i RICHIE D. HARRISON, CIVIL ACTION - AT LAW Defendant : DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Shannon L. Harrison, by and through her attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. Plaintiff, Shannon L. Harrison, is an adult individual currently residing at 21 Skyport Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Richie D. Harrison, is an adult individual currently residing at, 473 West Walnut Street, Hanover, York County, Pennsylvania, 17331. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of _ Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 24, 2007, in Salisbury, Wicomico County, Maryland. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 1 7. 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. 8. Plaintiff and Defendant are both citizens of the United States. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. _ Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 10. There is one dependent child from this marriage, namely Leyla Mae-Richie Harrison, born February 10, 2008. 11. This action is not collusive. WHEREFORE, Plaintiff, Shannon L. Harrison, respectfully requests this Honorable Court grant her relief from the bonds of matrimony and order a Decree in Divorce. Respectfully Submitted: By: NNE B. COSTOPOULO , SQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 / Telephone No. (717) 221-0900 Date: ??25[ ATTORNEY FOR PLAINTIFF 2 VERIFICATION I, Shannon L. Harrison, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn verification to authorities. Date: Ld5' -O q ? L 4Sh- L. Harrison RM--OFFIC"c OF THE PROTHONOTARY 1099 AUG 25 PAS 1: 15 $ Sl 50 Po ATE CV-'* 53os PT* o q5y JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff SHANNON L. HARRISON, Plaintiff - vs. RICHIE D. HARRISON, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 09-5846 CIVIL ACTION - AT LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeannd B. Costopoulos, Esquire, verify that the Complaint in Divorce filed August 25, 2009, was served upon the Defendant indicated above September 19 2009, by first class, Certified Mail No. 7009 0080 0002 2470 0867, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R.C.P. § 1930.4. I verify that the statements made herein are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. By: JEA E B. COSTOPOULOS, IRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: i 1 ? AGM ? AddrMw Name) C. Date of Daswry different from item' 17 ? Yes jrv address below: ? No /? ?/ Mall ? i Mom JAM 0• f VIA 0331 ? Registered ? Return Race" for Mercharrn ? Insured mail ? C.O.D. 4.1 Restricted Delivery? (Ezra Fee) Yes 2. AMdeNumber 7009 0080 0002 2470 0867 (!lirrMW fnirn serWW Al e PS Form 3811, Feb v ry 2m DwMft PAMirr Raodpt 1025"4A-1540 ¦t Osmplete items 1, 2, and 3. Also complete A. SI VRI 4 If Restricted Delivery is desired. X our name and address on the reverse ¦ P*d LF LAX y so that we can return the card to you. B. by (p d I ¦ Allscit the card to the hack of the mailpiece, mit t if f ! C s. space per ron or on the add?E 1. Article Addressed to: 1 % nn (i?ie ?,?I , ?sd? Ql + GJatr?ud- ??-? Lr3 (Ak '? S 2004 SEA' 24 P! 12: # a 7 ?, Melanie L. Erb, Esquire 2132 Market Street Camp Hill, PA 17011 717-975-9446 Merbkdcdlaw.net SHANNON L. HARRISON, Plaintiff, V. RICHIE D. HARRISON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 15f N NO.: 2009-6845 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Melanie L. Erb, Esquire in the above referenced matter for the Defendant, Richie D. Harrison, per his request. Respectfully Submitted, 4 Date: 445 *bmievy 84 2132 Market Street Camp Hill, PA 17011 (717)975-9446 Attorney for Defendant SHANNON L. HARRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO.: 2009-6845 RICHIE D. HARRISON, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true a correct copy of the forgoing Praecipe was served by first class mail upon the following: JEANNE B. COSTOPOULOS, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: 3l ar 4 M anie Erb RED-WICE OF THE PADIWOMARY 2009 OCT - I Ph 2: 53 PENNSYLVA141A 4kmm L 40-wS6 v? vs Case No. V q 1U a S M Statement of Intention to Proceed ? To the Court: 4 a ` S ?Tr - c intends to proceed with the Q ? , lJ? r t above caemd rssatter.= Print Name Sign Narrte Jl 16 /z Zn ? 5AannUv SO?? ?G(f? ? Date: - Attorney for r ? ? Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. lip, i7 Y 1 11e ? Y \ r - i Y I y l SHANNON L. HARRISON, S?T OF COMMON Plaintiff CUMBERLAND COUNTY, VS. No. 09-5846 RICHIE D. HARRISON, CIVIL ACTION - AT LAW Defendant : DIVORCE PLEAS OF '1?N'NSYLVANIA PLAINTIFF'S PETITION FOR CONFERENCE OR HEARING REGARDING ALIMONY PENDENTE LITE AND NOW, comes the Plaintiff, Shannon L. Harrison, by and through fn- - attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Plaintiff above-named. 2. The Respondent is the Defendant above-named. 3. Plaintiff has simultaneously with this petition filed a Petition for Related Claims which contains a request for alimony pendente lite. 4. Plaintiff desires that a conference or hearing be held to address her alimony pendente lite claim. WHEREFORE, Plaintiff respectfully requests that a conference or hearing be scheduled regarding her request for alimony pendente lite. RESPEC SUBMIT) ED: BY: - --?? e B. Costopoulos, Esquire PA Supreme Court ID No. 68"" 5 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone: (717) 221-0900 DATED: 401.11Z`` _Z- ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Shannon L. Harrison, Plaintiff. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing document have either been provided to her by Plaintiff or they are based on information known to undersigned counsel and not necessary to her client. 4. The facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JE E B. COSTOPOULOS, ES-QMRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Gel2 Attorney for Plaintiff Dated: CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Melanie L. Erb 2132 Market Street Camp Hill, PA 17011-4706 BY. Jeanne B. Costopoulos, Esquire PA Supreme Court ID No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone: (717) 221-0900 DATED: ?61 //(. l ?' 2 M ?..12 OC 16 PM SHANNON L. H THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. RICHIE D. HARRISON, Defendant : No. 09-5846 CIVIL ACTION - AT LAW DIVORCE PETITION FOR RELATED CLAIMS PURSUANT TO PA.R.C.P.1920.15(b) AND NOW, comes the Plaintiff, Shannon L. Harrison, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition: 1. The Petitioner is the Plaintiff above-named. 2. The Respondent is the Defendant above-named. 3. The parties were married to each other on May 24, 2007, in Salisbury, Wicomico County, Maryland. 4. Petitioner filed a Complaint in Divorce at the above term and docket number on August 25, 2009. COUNTI REQUEST FOR ALIMONY, ALIMONYPENDENTE LITE, AND/OR COUNSEL FEES PURSUANT TO SECTION 3702 OF THE DIVORCE CODE 5. Paragraphs one (1) through four (4) are incorporated herein by reference as though fully set forth. 6. The Petitioner is the dependent spouse and lacks sufficient property to provide for her reasonable means and is unable to support herself completely through appropriate employment. a61 cot aCo D S ?-* a? 9- ats 7. Petitioner requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 8. Petitioner has hired an attorney and may need to hire an accountant, appraiser, or other expert during the pending divorce litigation and does not have the funds necessary to pay said fees. WHEREFORE, Petitioner requests this Honorable Court to enter and award counsel fees, costs, and expenses as are deemed necessary and appropriate, to enter an award of alimony pendente lite, and to enter an award of reasonable alimony upon final hearing and permanently thereafter. RESPECTFULLY SUBMITTED: BY: -"'? ?--o' . Costopoulos, Esquire PA Supreme Court ID No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone: (717) 221-0900 DATED: (0-`ra ((Z r ATTORNEY VERIFICATION Undersigned counsel, Jeann6 B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Shannon L. Harrison, Plaintiff. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing document have either been provided to her by Plaintiff or they are based on information known to undersigned counsel and not necessary to her client. 4. The facts set forth in the foregoing document are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JE E B. COSTOPOULOS, ESQUI Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 ? Attorney for Plaintiff Dated: CU <G2 `' 2 CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Melanie L. Erb 2132 Market Street Camp Hill, PA 17011-4706 Justin C. Gearty, Jr., Esquire 1853 William Penn Way, Suite 26 P.O. Box 10368 Lancaster, PA 17605 Richard D. Harrison 400 New Road South Hampton, NJ 08088 BY: JealgiiF"1. Costopoulos, Esquire PA Supreme Court ID No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone: (717) 221-0900 DATED: