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HomeMy WebLinkAbout09-8553MCNEES WALLACE & NURICK LLC By: J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (fax) Email: phelvy@mwn.com ELIZABETH STANLEY-SWOPE, Plaintiff V. EDWARD P. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OQ - 8553 CIVIL TERM CIVIL ACTION - LAW 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 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 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 County Courthouse, Carlisle, PA. 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 • ELIZABETH STANLEY-SWOPE, Plaintiff V. EDWARD P. SWOPE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'?- Y S3 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT And now comes Plaintiff, Elizabeth Stanley-Swope, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in this matter. COUNTI Divorce Under 3301(c) and (d) of the Divorce Code 1. Plaintiff is Elizabeth Stanley-Swope who currently resides at 486 Nursery Drive South, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Edward P. Swope who currently resides at 929 Woodridge Drive, Enola, Cumberland County, Pennsylvania 17025. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 20, 1982, in Lebanon, Pennsylvania. 5. 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. -2- 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The grounds on which the action for divorce is based are: A. Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. B. Section 3301(d): The marriage of the parties is irretrievably broken. After two years from the date of separation, Plaintiff intends to file an Affidavit alleging that the parties have lived separate and apart for a period of two years and that the marriage is irretrievably broken, and she anticipates that Defendant will not deny that the parties have been separated for a period of at least two years and that the marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives his right to such counseling. 10. Plaintiff requests the court to enter a decree of divorce. -3- WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) and (d) of the Divorce Code. McNEES WALLACE & NURICK LLC By J. Pa elvy Attofnev. I . D. 148 Attorneys for Plaintiff Dated: December 10, 2009 -4- 0 0 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. - ) I A'A AJ tfb - AL*L) Eliz eth Stanley.Swope Dated: .? ._ 1 ?., ,R 1. 1009 CcC I I PM 2: 0 f $35d.oo Po ATiz/ Ck.* 181o IC13 e,,* a3y9oq