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HomeMy WebLinkAbout01-4878TINA DOWNEY, Plaintiff, VS. JOHN R. DOWNEY, H, Defendant· : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. D/-qPTov CIVgL TEmV : 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 the court may enter a decree of divorce or annulment against you. 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, 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, TO GET LEGAL HELP SHOULD CONTACT: Cumberland County Lawyer Referral Service 2 Liberty.4venue, Carlisle, Pennsylvania 1-(800)-990-9108 COYNE & COYNE, P.C. Henry F. Coyne, Es4uire 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. Supreme Ct. No. 06250 Attorney for Plaintiff TINA DOWNEY, Plaintiff, VS. JOHN R. DOWNEY, II, Defendant· : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : IN DIVORCE COMPLAINT UNDER SECTION 3301(c ) OR 3301(d) OF THE DIVORCE CODE NOW COMES the Plaintiff, Tina L. Downey, by her attorney, Henry F. Coyne, Esquire and files this Complaint In Divorce and avers the following in support thereof: 1. The Plaintiff, Tina L. Downey, is an adult individual residing at 124 Woods Drive, Lot 16, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, John R. Downey II, is an adult individual residing at 112 East Green Street, Apt. 2, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff/Defendant have been bona fide residents in the Commonwealth for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 2, 1998, at Mechanicsburg, Cumberland County, Pennsylvania, and separated on or about February 5, 2000. Allies. 6. 7. 8. The Defendant is not a member of the Armed Services of the United States or any of its There is one child bom of the marriage, Jerico Downey, bom January 20, 1996. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. Further, Plaintiff waives her right to request that the parties participate in marriage counseling. WI~EREFORE, Plaintiff respectfully requests that this Honorable Court enter a decree in Divorce to Plaintiff. Respectfully submitted: COYNE & COYNE, P.C. Dated: Henry F. Co~l~e, Esquire 3901 Market'Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorney for Plaintiff The facts set forth in the foregoing are true and correct to the best of the und~,~?ed's knowledge, iuformalion and belief and a~e verified subject to the penalties for unswom falsification to author~es unde~ 18 Pa. C.S.A. §490~. Dated'. TINA L. DOWNEY, Plaintiff VS. JOHN R. DOWNEY,H,, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O/-~/d07ff> CIVIL TERM CIVIL ACTION--In Divorce PRAECIPE TO PROCEED IN FORMA PAUPERIS To The Prothonotary: Kindly allow, TINA L. DOWNEY, Plaintiff, to proceed informa pauperis. I, Henry F. Coyne, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. COYNE & COYNE, P.C. Dated: /'-~'- ]~ 'J~{ BY' HENRY F. CO~E, ESQUIRE 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Pa. S. Ct. No. 06250 Attorney for Plaintiff TINA L. DOWNEY, Plaintiff VS. JOHN R DOWNEY, H, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE, TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) (b) If you are presently employed, state Employer: ~(' lf" ('\~'I\?\C!'~CC~ Address: ~)(~ (c Salary or wages per month: LIC,(',,C,(_ [h-~(4)~l')t( j If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security Benefits: upport paymems: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation: N~ }tN Public Assistance: Other: (d) Other contributions to household support Husband Name: 'Si)l') ]~ If your husband is employed, state (e) Salary or wages per month: Type of work: Contributions from children: Property owned Cash: Checking Account: Savings Account: Real Estate (including home): Motor vehicle: Make I Year Cost Stocks; bonds: Amount Owed Other: Mortgage: Rent: Loans: ~--- Debts and obligations '3 Monthly Expenses: ~t ')O,i ¥', i5_'~~) (g) Persons dependent upon you for support Children, ifany: (~; I%(:: l~'~ ['xx-I~-I('~ 11 Name: Jerico Downey, Age ~ . 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances, which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are tree 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. Date: TINA L. DOWNEY COYNE & COYNE A'rrORNEYS AT LAW 3901 MARKET STREET CAMP HII.Li PA 17011 (717) 737-0464 TINA L. DOWNEY, Plaintiff, VS. JOHN R. DOWNEY, II, Defendant. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4878 CIVIL TERM .. : IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT I, John R. Downey, 11, do hereby certify that this date I personally appeared at the law offices of Coyne & Coync, P.C., 3901 Market Street, Camp Hill, Pennsylvania and did receive a certified true copy of thc Complaint in Divorce against me filed on August 20, 2001 by Tina L. Do'~mey, the PlaintifL l hereby acknowledge receipt and service of a true copy of the Divorce Complaint pursuant to the Divorce Code of Pennsylvania. Dated: ' JOHN R. DOWNEY, 11 I}~/~,mlan! Sworn and Subscribed before me this 13th day of September, 2001 / TENA L. DOWNEY, Plaintiff VS. JOHN R. DOWNEY, Il, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; ; : NO. 01-4878 CIVIL TERM : ; : IN DIVORCE AFFIDAVIT OF CONSENT 2001. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 20, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. A L. DOWNEY, Plaintiff ..-< .r' ':xrl 0 4::- .-.< TINA L. DOWNEY, Plaintiff VS. JOHN R. DOWNEY II, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4878 CIVIL TERM : _. : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECRFJ~. UNDER SECTION 3301(c) OF TH ~; DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 affidavit 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 falsification to authorities. Date: '--ff/-~/(~C~ TINA L. DOWNEY, Plaintiff C) cD 0 TINA L. DOWNEY, Plaintiff VS. JOHN R. DOWNEY, H, Defendant : IN THI~ COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : _. : NO. 01-4878 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 2001. A complaint in divorce under § 3301(c) of the Divorce Code was filed on August 20, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: JOl:l~ R. DOWNEY, lI, Defendant TINA L. DOWNEY, Plaintiff VS. JOHN R. DOWNEY, H, Defendant IN Ti~ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4878 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECRF, F. UNDER SECTION 3301(c) OF TH ~ DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 affidavit 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 unswom falsification to authorities. Date: JOHN IL ~)OW3NEY, H, Defendant TINA L. DOWNEY, Plaintiff VS. JOHN R. DOWNEY H, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA : : NO. 01-4878 CIVIL TERM ; ; : IN DIVORCE .PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the complaint: .September 13~ 2001 by Personal Service 3. Date of execution of thc affidavit of consent required by Section 3301 (c) of thc Divorce Code: by plaintiff on July 5~ 2002; by defendant on June 18 2002. 4. Related claims pending: NONE 5. Date Plaintiff's and Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: ~. COYNE & COYNE, P.C. HE ?R'I COYer., ESQVI 3901 Market St. Camp Hill, PA 17011-4227 (717) 73%0464 Pa. Supreme Ct. No. 06250 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. -TINA..L...DO~NEy, .................................. ~lai~ti-ff ......................... Versus JOHN R. DOWNEY, II Defendant N(). 01-4878 cIVIL TERM (. ~ ~' ~/Prothonotary ~. DECREE IN . _.,,~ decreed,._.~ thatjOHN .... R.TIN/t~'~'. D.Q~/ZgE:~.DOWNEY, II ............................. plaintiff, "' '"' .......................................................... 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. . ....................