Loading...
HomeMy WebLinkAbout05-0228IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, Plaintiff vs. CIVIL ACTION - LAW PAUL K. LININGER, Defendant 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 by the Court. A judgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds 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 the Cumberland County Court House, 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 1S 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, NO. Plaintiff vs. CIVIL ACTION - LAW PAUL K. LININGER, Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en ]as paginas siquientes, debe tomar accion con prontitud. Se to avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA. JENNIE M. LININGER, Plaintiff vs. PAUL K. LININGER, Defendant NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Jennie M. Lininger, being duly sworn according to law, deposes and says; 1. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 1 understand that false statements herein are made subject to the penalties of IS Pa. C, S. Section 4904, relating to unsworn falsification to authorities. Date: Y ?i e?? J rue M. Lininger IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, NO. Plaintiff vs. CIVIL ACTION - LAW PAUL K. LININGER, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 4th day of January, 2005 , comes the Plaintiff, Jennie M. Lininger, by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: 1. The Plaintiff, Jennie M. Lininger, is an adult individual who currently resides at 6897 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 1 The Defendant, Paul K. Lininger, is an adult individual whose current mailing address is: c/o Lori Kefover, 1183 Shoreham Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. The Plaintiff and Defendant were married on or about January 25, 1993, and separated on or about December 10, 2004. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION 1, JENNIE M. LININGER, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. Date: ?o?? ?? v yu ,fit ?nniM.'Linin ger INI IJN ? w r (;i:) , n cc_ `77 _ -rf rn CTI IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, NO. Plaintiff ,2 ; V. CIVIL ACTION - LAW PAUL K. LININGER, Defendant CUSTODY COMPLAINT IN CUSTODY AND NOW, Plaintiff, JENNIE M. LININGER, by and through her attorney, G. Patrick O'Connor, Esquire, files a Complaint for Custody of which the following is a statement: 1. The Plaintiff is JENNIE M. LININGER, an adult individual who resides at 6897 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is PAUL K. LININGER, an adult individual whose current mailing address is: c/o Lori Kefover, 1183 Shoreham Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Plaintiff seeks custody of the following child/children: Name Present Address Date of Birth Casey J. Lininger 6897 Wertzville Road August 12, 1993 Enola, PA 17025 Christopher J. Lininger 6897 Wertzville Road May 19, 1996 Enola, PA 17025 The children were not born out of wedlock. The children are presently in the custody of the mother, JENNIE M. LININGER, who currently resides at 6897 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. During the past five (5) years, the children resided with the following persons at the following addresses: Persons Address Date Plaintiff 6897 Wertzville Road Until 12/10/04 Defendant Enola, PA 17025 Plaintiff 6897 Wertzville Road 12/10/04 to present Enola, PA 17025 The mother of the children is JENNIE M. LININGER, who currently resides at 6897 Wertzville Road, Enola, Cumberland County, Pennsylvania 17025. She is married, but separated from the defendant. The father of the children is PAUL K. LININGER, whose current mailing address is: c/o Lori Kefover, 1183 Shoreham Road, Camp Hill, Cumberland County, PA 17011. He is married, but separated from the plaintiff. 4. The relationship of Plaintiff, JENNIE M. LININGER, to the children is that of mother. The plaintiff currently resides with the following persons: The parties' children, Casey J. Lininger and Christopher J. Lininger. 5. The relationship of Defendant, PAUL K. LININGER, to the children is that of father. The defendant currently resides alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. Plaintiff does not know of any person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. The best interests and permanent welfare of the children will be served by granting primary physical custody to the Plaintiff because the Plaintiff's in the better situation to provide primary physical custody. Each parent whose parental rights to the children has not been terminated and the person who has physical custody of the children has been named as party to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: (None) WHEREFORE, Petitioner respectfully requests that this Honorable Court grant primary physical custody of the child to Plaintiff. Respectfully submitted: By: A?L4 G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone: 717-737-7760 Attorney ID # 64720 ATTORNEY FOR PLAINTIFF DATE: /'- 5?OOr ATTORNEY VERIFICATION I, G. Patrick O'Connor, Esquire, hereby verify that I am the attorney for the Plaintiff and that the statements made in this Complaint 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&r,? G. Patrick O'Connor, Esquire DATE: 1- 5 ?. d N JENNIE M. LININGER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. PAUL K. LININGER DEFENDANT 05-228 CIVIL. ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, January 18, 2005 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, February 09, 2005 at 11:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Dawn S. Sunda Es^ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 p f l ' ' 5p• ?1 J 50h1 l 50 P/ 'I H FEB 1 1 2005 ?,yr' JENNIE M. LININGER Plaintiff vs. PAUL K. LININGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-228 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this /4- day of GGw 2005, upon consideration of the attached Custody Conciliation Report, it is rdered and directed as follows: 1. The Mother, Jennie M. Lininger, and the Father, Paul K. Lininger, shall have shared legal custody of Casey J. Lininger, born August 12, 1993, and Christopher J. Lininger, born May 19, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. Pursuant to the terms of this paragraph each parent shall be entitled to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have liberal partial physical custody of the Children, with the specific times and dates to be arranged by agreement between the parties. 4. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. 5. In the event either party intends to remove the Children from the Commonwealth of Pennsylvania for an overnight period or longer, that party shall provide advance notice to the other party of the location and telephone number where the Children can tie contacted. 6. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 7. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc ?G. Patrick O'Connor, Esquire - Counsel for Mother VPaul K. Lininger, Father ? i ' , 'i_ ?"7 -^' r_.? Lv.{ -- i..r? l-'- 11.. C \._) a JENNIE M. LININGER Plaintiff VS. PAUL K. LININGER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-228 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Casey J. Lininger August 12, 1993 Mother Christopher J. Lininger May 19, 1996 Mother 2. A conciliation conference was held on February 9, 2005, with the following individuals in attendance: The Mother, Jennie M. Lininger, with her counsel, G. Patrick O'Connor, Esquire, and the Father, Paul K. Lininger, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. r Date Dawn S. Sunday, Esquir Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, Plaintiff vs. PAUL K. LININGER, . Defendant NO. 05-228 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA. R. CIV.P. 1920.4 G. Patrick O'Connor, Esquire, being duly sworn according to law, deposes and says that he mailed a copy of the Complaint in Divorce filed in this matter by certified mail, return receipt requested, addressee only, to the Defendant at 1183 Shoreham Road, Camp Hill, PA 17011. The return receipt signed by the Defendant is evidence of delivery to him and is attached as Exhibit "A". G. Patrick O'Connor, Esquire I.D. No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 Phone 717-737-7760 Attorney for Plaintiff 1. I ?. a I t 7002 0460 0000 9761 8350 Y EXHIBIT "A" a 5 i aZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, Plaintiff vs. PAUL K. LININGER, Defendant NO. 05-228 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2005. 2. 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. 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. Section 4904 relating to unsworn falsification to authorities. DATE: J ie M. Lininger, Plaintiff r` R ?., C-.?.:v s,j ~ ?...f .._ i......i _ ? _ .. ?" t' ,"4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, Plaintiff VS. PAUL K. LININGER, Defendant NO. 05-228 Civil CIVIL ACTION - LAW 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 of 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 the foregoing 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: l ©a Je e M. Lininger, Plaintiff .....i _._,a r,,: Y ?.,.. _•., .: -, T, ?.. •.. C,r t_. ...a:, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, NO. 05-228 Civil Plaintiff vs. CIVIL ACTION - LAW PAUL K. LININGER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2005. 2. 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. 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. Section 4904 relating to unsworn falsification to authorities. DATE: +? °; .a,...1 ?.,. _,,.5 4 ,? (,? _ " ? -. ?.' a ? ;,- '- -y G is ;? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, Plaintiff vs. PAUL K. LININGER, Defendant NO. 05-228 Civil CIVIL ACTION - LAW 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 of 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 the foregoing 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: ?? T _?.} 1 ''_C} " ?:? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JENNIE M. LININGER, Plaintiff vs. PAUL K. LININGER, Defendant NO. 05-228 Civil CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD Grounds for divorce: ? Section 3301(c) of the Divorce Code Section 3301(d) of the Divorce Code (a) Date complaint filed: January 11, 2005 (b) Date of service of the complaint: February 21, 2005 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the complaint: ? Certified mail, restricted delivery to and return receipt signed by defendant First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff Acceptance of service (Copy attached) By publication pursuant to Order of Court (Copy of Order attached) (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: plaintiff October 25, 2007 defendant: October 24, 2007 Date of filing: plaintiff October 25, 2007 defendant: October 24, 2007 (b) Plaintiffs affisdavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of filing: Date of service upon defendant: Manner of service: Related claims pending: (a) Date of service of the notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: (b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff. contemporarily herewith By defendant: contemporarily herewith VERIFICATION I verify that the statements made in this praecipe are true and correct, I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. U 0 7 Date: Attorney for Plaintiff _a _-, M., - `,k .? -r- r _. .- r: r_ . `t t c. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Ara STATE OF PENNA. JENNIE M. LININGER ii Plaintiff VERSUS PAUL K. LININGER Defendant No. 05-228 Civil DECREE IN DIVORCE r AND NOW, Ajow...L"' 16 , ado? , IT IS ORDERED AND DECREED THAT JENNIE M. LININGER , PLAINTIFF, AND PAUL K. LININGER 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. All economic claims have been settled. PROTHONOTARY ,V,,V g lv,?, a kv ?%- AW -1-91/ .r a .