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Home My WebLink About09-80080 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. GRIFFIE McNEELY, V. KIM D. McNEELY, Defendant CASE NO. : CIVIL ACTION -LAW : IN DIVORCE NOTICE TO DEFENDANT 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 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 Defendant. You may lose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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 at the Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania 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 32 South Bedford Street Carlisle, PA 17013 Telephone (717)9-3166 Peri. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 AMERICANS WITIi DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: Date: J. k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. GRIFFIE McNEELY, V. KIM D. McNEELY, Defendant CASE NO. D ?_dQ c ?"? CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Sharon L. Griffie McNeely (commonly known as Sharon L. Griffie) who currently resides at 137 Amy Drive, Carlisle, Pennsylvania. 2. Defendant is Kim D. McNeely, who currently resides at 1020 North Middleton Road, Carlisle, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on June 2, 2001. 5. Plaintiff and Defendant separated on September 30, 2008. 6. There have been no prior actions commenced for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. Plaintiff has been advised of counseling and that she may have the right to request the Court to require the parties to participate in counseling. 7. Plaintiff avers that no issues regarding the custody of children result from this action. l COUNT 1 3301(c) IRRETRIEVABLE BREAKDOWN 8. Paragraphs 1 through 7 are incorporated herein by reference. 9. The marriage is irretrievably broken and the parties are estranged due to marital difficulties with no reasonable expectation of reconciliation. 10. Plaintiff requests the Court to enter a decree in divorce. WHEREFORE, Plaintiff prays this Honorable Court to issue an Order dissolving the marriage between the parties. COUNT 2 EOMABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference. 12. Plaintiff and Defendant accumulated money and assets during their marriage which constitute marital assets. 13. Plaintiff and Defendant accumulated debts during their marriage which constitutes marital debts. WHEREFORE, Plaintiff prays this Honorable Court to issue an Order dividing and distributing the marital debts and assets between the parties. Respectfully submitted, 'Sheri D. Coover, Esquire Attorney ID 93285 44 S. Hanover Street Carlisle, PA 17013 (717) 960-0075 IN TIRE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. GRIFFIE McNEELY, : CASE NO. V. KIM D. McNEELY, Defendant : CIVIL ACTION -LAW : IN DIVORCE VERIFICATION I, Sharon L. Griffie McNeely hereby state that I am the plaintiff in the foregoing action and that the facts contained herein are true, correct and accurate to the best of my knowledge, information and belief. I further understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. W1kA h Sharon L. Griffie Mc eely Date: OF 4 "T? a 4' 17 cuw /0 ?33?a 9 It -- ad -f 3toC'. 2012 JAN 20 AM 10: 4 CUMBERLAND COUNTY PENNSYLVANIA SHARON L. GRIFFIE McNEELY, Plaintiff VS. KIM D. McNEELY, Defendant IN THE COURT OF CUMBERLAND PENNSYLVANIA CIVIL ACTION NO. 09-8008 IN DIVORCE OF COMMON PLEAS COUNTY DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under § 3301 (c) of the Divorce Code was filed on November 18, 2009 and served on November 23, 2009. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 2. I consent to the entry of a final decree in divorce without notice. 3. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lavbyer fees and expenses if I do not claim them before a divorce is grinted. 4. 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. 5. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. I verify that the statements made in this affidavit are true d correct. I understand that false statements herein are made ject to the penalties of 18 Pa. C.S. §4904 relating to unsworn 4alsification to authorities. ]Date : 01- 12-- 7-o12-- D. McNeely, fendant Kim SHARON L. GRIFFIE McNEELY, Plaintiff VS. KIM D. McNEELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 09-8008 IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Plaintiff, by First Class United States mail addressed as follows: Sheri D. Coover, Esquire 44 S. Hanover Street Carlisle, PA 17013 Date: Mary A. Etter Dissinger Attorney for Defendant 2??? FEB 23 AN !1 : 33 Sheri D. Coover, Esquire SCARINGI & SCARINGI, P.C. "'1"JBERLAND COUNT 2000 Linglestown Road, Suite 106 '' Ct*jtJIS Y NA UTA Harrisburg, PA 17110 (717) 657-7770 - telephone (717) 657-7797 -facsimile Attorney, forPlaintiff SHARON L. GRIFFIE MCNEELY, Plaintiff V. KIM D. MCNEELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 09-8008 : IN DIVORCE PETITION TO WITHDRAW AS COUNSEL ANI) NOW comes Petitioner, Sheri D. Coover, Esquire and Scaringi & Scaringi, P.C., who respectfully request that this Honorable Court grant her permission to immediately withdraw as counsel for Plaintiff in the above-captioned action and in support thereof avers as follows: 1. Sheri D. Coover, Esquire and Scaringi & Scaringi, P.C., are presently counsel of record for Plaintiff, Sharon L. Griffie McNeely, in the above-captioned matter. 2. Pennsylvania Rule of Professional Conduct 1.16(b) permits withdrawal as counsel when: a. "withdrawal can be accomplished without material adverse effect on the interests of the client;" Pa.R.P.C. 1.16(b)(1); b. "other good cause for withdrawal exists." Pa.R.P.C. 1.16(b)(7). 3. Petitioner represented Plaintiff in a divorce action. 4. Client refuses to cooperate with Petitioner in her representation and has breached the agreement that she entered into regarding payment of legal fees. 5. Petitioner seeks to withdraw as counsel in this matter because it is believed that sufficient grounds exist pursuant to Pa.R.P.C. 1.16(a) and (b). 6. No hearing or argument is requested. 7. Discovery is not necessary. 8. Undersigned counsel sent correspondence to Attorney Dissinger regarding her intention to file a Petition to Withdraw as Counsel. Attorney Dissinger's position on this Petition is unknown. WHEREFORE, Petitioner respectfully requests that this Honorable Court order that Petitioner's request to withdraw as counsel on behalf of Plaintiff, Sharon L. Griffie McNeely, in the above-captioned matter is granted. Respectfully submitted: Date: zu - 1? (IKL4? o - a).CWJA Sheri D. Coover, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 CERTIFICATE OF SERVICE I, Sheri D. Coover, Esq. for Scaringi & Scaringi, P.C. do hereby certify that a copy of the foregoing Petition to Withdraw as Counsel in the above-captioned case has been duly served upon the following individual(s) by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Mary Dissinger, Esquire 400 S. State Road Marysville, PA 17053 Sharon L. Griffie McNeely 137 Army Dr. Carlisle, PA 17013 Respectfully submitted, Date: (IV) la 1, !J . Wu Sheri D. Coover, Esquire SCARINGI & SCARINGI, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 (717) 657-7797 fax Attorney for Plaintiff, Sharon L Griffie. SHARON L. GRIFFIE MCNEELY PLAINTIFF V. KIM D. MCNEELY DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8008 CIVIL ORDER OF COURT AND NOW, this 27`h day of February, 2012, upon consideration of the Petitioner's Motion to Withdraw as Counsel, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the relief requested should not be granted; 2. The Parties will file an answer on or before March 16, 2012; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. i/ Sheri D. Coover, Esquire Petitioner V Sharon L. Griffie McNeely Plaintiff i Mary Dissinger, Esquire Attorney for Defendant OCS i 12Io9-7//? By the Court, - vk 01, - ?AA M. L. Ebert, Jr., J. rnuo -T ,Wrn ca c? ? j-- (v c-Y `ter 'T? a c) -+ UN bas ,,?(/ 6 Sheri D. Coover, Esquire -?; SCARINGI & SCARINGI, P.C. xm =;:0 ° =°= 2000 Linglestown Road, Suite 106 Cnr t?3 { Harrisburg, PA 17110 "< -- ' (717) 657-7770 - telephon e . (717) 657-7797 -facsimile r --- Attorney for Plaintiff s E ti f.n X SHARON L. GRIFFIE MCNEELY, Plaintiff V. KIM D. MCNEELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CASE NO. 09-8008 : IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW COMES,, Sheri D. Coover, Esquire and Scaringi & Scaringi, P.C. who respectfully requests that this Honorable Court grant her permission to withdraw as counsel on behalf of Plaintiff, Sharon L. Griffie McNeely, and in support thereof avers as follows: 1. On February 23, 2012, the undersigned filed a Petition to Withdraw as Counsel on behalf of Plaintiff, Sharon L. Griffie Mcneely, in the above-captioned matter. 2. On February 27, 2012 this Honorable Court entered a Rule to Show Cause upon Plaintiff, Sharon L. Griffie McNeely and Defendant, Kim D. McNeely, to show cause why, if any, said Petition should not be granted. The rule was returnable no later than March 16, 2012. To the best of the undersigned's knowledge, the Plaintiff and Defendant have not responded to the Rule to Show Cause nor objected to the undersigned's request to withdraw as counsel on behalf of Sharon L. Griffie McNeely. WHEREFORE, Sheri D. Coover, Esquire and Scaringi & Scaringi, P.C. respectfully requests that this Honorable Court grant the request to immediately withdraw as counsel on behalf of Plaintiff, Sharon L. Griffie McNeely in the above-captioned matter. Respectfully submitted: Date: Shen D. Coover, Esquire Scaringi & Scaringi, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 (717) 657-7770 CERTIFICATE OF SERVICE I, Julie M. Good, Paralegal for Scaringi & Scaringi, P.C. do hereby certify that a copy of the foregoing Petition to Withdraw as Counsel in the above-captioned case has been duly served upon the following individual(s) by depositing same in the United States Mail, First Class, Postage Prepaid, addressed as follows: Mary Dissinger, Esquire 400 S. State Road Marysville, PA 17053 Sharon L. Griffie McNeely 137 Army Dr. Carlisle, PA 17013 Respectfully submitted, Date: q JAW. Good Paralegal SCARINGI & SCARINGI, P.C. 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 SHARON L. GRIFFIE MCNEELY, Plaintiff V. KIM D. MCNEELY, IN THE COURT OF COMMON PLEA, OF CUMBERLAND COUNTY, PENNSYLVANIA mCU xM CASE NO. 09-8008 --<?' C IN DIVORCE `' i? ? P•J N N -T-, - _. r_. F C , Defendant ORDER r? hd AND NOW THIS I z day of M q l , 2012, upon consideration of the Petition to Withdraw as Counsel, Motion to Make Rule Absolute, and noting that no response or objection was filed by Plaintiff or Defendants to the Petition, it is hereby ORDERED that said Petition is GRANTED. Scaringi & Scaringi, P.C. and Sheri D. Coover, Esquire, are withdrawn as counsel for Plaintiff, Sharon L. Griffie McNeely, in the above-captioned matter. BY THE COURT: 1\Nk\_t UJ J. U Distribution: Sheri D. Coover, Esquire, Scaringi & Scaringi, P.C., 2000 Linglestown Rd., Ste. 106, Harrisburg, PA 17110 i/ Mary Dissinger, Esquire, 400 S. State Road, Marysville, PA 17053 t/ Sharon L. Griffie McNeely, 137 Army Dr., Carlisle, PA 17013 4 f,' es N Ord 3?a.2/.2 SHARON L. GRIFFIE McNEELY, Plaintiff Vs. KIM D. McNEELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 09-8008 IN DIVORCE PRARCIPB Prothonotary: Please enter my appearance. I wish to represent myself. Date : 3I JS /l-? Sharon L. ri ie'McNee y c-) ?- rat =m == -? r- -0 a- d )P, n Z °- Xcs (D SHARON L. GRIFFIE MCNEELY, Plaintiff VS. KIM D. MCNEELY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 09-8008 IN DIVORCE ACCEPTANCE OF SERVICE I, Kim D. McNeely, accept service of the Complaint in Divorce, filed on November 18, 2009. 11- Z$ -U9 Date A&Z D_ -5k? Kim D. McNeely c? ?' CD, _Tj rn C...r ? y . Cn SHARON L. GRIFFIE McNEELY, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY 0 o PENNSYLVANIA ? VS. CIVIL ACTION z '"{ KIM D. McNEELY, NO. 09-8008 Defendant IN DIVORCE - =CD DZF=ANT'S AFFIDAVIT OF CONSENT AND PI Z W1IVER OF NOTICE OF INTENTION TO REST Y OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVOR CE CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on November 18, 2009 and served on November 23, 2009. T he marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 2. I consent to the entry of a final decree in divorce without notice. 3. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 4. 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. 5. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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. c Date:-S-- 1 K- 1 L b. :4 Kim D. McNeely, De endant SHARON L. GRIFFIE McNEELY, IN THE COURT OF.COMMON PLEAS ; Plaintiff OF CUMBERLAND.COUNTY r PENNSYLVANIA - C * -; VS . rMI :X r -0 CIVIL ACTION m ' KIM D. McNEELY, NO. 09-8008 C Defendant IN DIVORCE ! ZCD -0 PU INTIFF' 3 =® AFFIDAVIT OF CONSMIT AND ? J NAIVER OF NOTICE OF INTENTION TO REST ZOMY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DtVMM CODE 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on November 18, 2009 and served on November 23, 2009. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 2. I consent to the entry of a final decree in divorce without notice. 3. I understand that I may lose rights- concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 4. 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. 5. Plaintiff's and Defendant's Waiver of Notice in §3301(c) Divorce are being filed with the Prothonotary as a part of their respective consent documents. 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. :? l //.;, /& 1. f; /.I - Date: 1 haron L. Grif ie McNeely, P intiff SHARON L. GRIFFIE McNEELY, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION KIM D. MCNEELY, NO. 09-8008 -f.ZJ Defendant IN DIVORCE' co 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personal acceptance of service by Defendant on November 23, 2009. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff March 15, 2012; by Defendant March 20, 2012. 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in § 3301(c) Divorce filed with the Prothonotary:-5 3.11 Date Defendant's Waiver o Notice in § 3301(c) Divorce filed with the Prothonotary: Respectfully submitted, DISSINGER & DISSINGER Date: ??'] ?Z- Mary A. Etter Dissinger Attorney for Defendant 400 South State Road Marysville, PA 17053 717-957-3474 cc: Sharon L. Griffie McNeely, pro se, 137 Amy Drive, Carlisle, PA 17013 Kim D. McNeely, Defendant, 1020 North Middleton Road, Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SHARON L. GRIFFIE MCNEELY V. KIM D. MCNEELY : NO. 09-8008 DIVORCE DECREE AND NOW,'S4»c, C o` 3:3% ?p k_, 16IZ , it is ordered and decreed that SHARON L. GRIFFIE MCNEELY , plaintiff, and KIM D. MCNEELY , 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.") By the Court, - ?AUA Attest: J. V0?&- d Cody Aa•?oQ/ Ilb ?}7`? 1??-ss ?? er