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Home My WebLink About02-1570JAMES T. LOZANO, Plaintiff V, TRINA T. LOZANO, Defendant · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- /,~"'~6 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 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 LAVVYER AT ONCE. IF YOU DO NOT HAVE A LAVVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 /~ By /., ~"/~ ~/~ ' D~,~'-n"o ~. Lan~-,~~ Pamela L· Purdy JAMES T. LOZANO, Plaintiff V. TRINA T. LOZANO, IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA - Defendant IN DIVORCE COMPLAINT COUNT I Divorce Under 3301 (c) or 3301(d) of the Divorce Code 1. Plaintiff is James T. Lozano who currently resides at 2076 Dartmouth Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Trina T. Lozano who currently resides at 2076 Dartmouth Street, Camp Hill, Cumberland County, Pennsylvania 17011. 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. 5. parties. 6. 7. Plaintiff and Defendant were married on May 27, 1983 at Amarillo, Texas. There have been no prior actions of divorce or for annulment between the The marriage is irretrievably broken. Plaintiff has been advised of the availability of counseling and that he/she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives his/her right to such counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II Equitable Distribution 9. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Sections 3501 and 3502 of the Divorce Code. Plaintiff and Defendant have not agreed to an equitable distribution of this 10. property. 11. Plaintiff requests the Court to equitably distribute all the property. WHEREFORE, Plaintiff requests the Court to enter an Order equitably dividing all of the marital property. McNEES ~A/LACE & NURICK LLC · By D~ano M. Lantz I. D. #21401 Pamela L. Purdy I.D. #85783 100 Pine Street, P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff -2- VERIFICATION I verify 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. James T. Lozano r Johnson, Duffle, Stewart & Weidner By: David W. DeLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant/Counterclaim Plaintiff JAMES T. LOZANO, Plaintiff/Counterclaim Defendant V. TRINA T. LOZANO, Defendant/Counterclaim Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1570 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 by the court. A judgment may also be entered against you for any other claim or relief requested in these pages by the Counterclaim 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner By: David W. DcLuce I.D. No. 41687 301 Market Street P. O. Box 109 Lcmoyn¢, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Defendant/Counterclaim Plaintiff JAMES T. LOZANO, Plaintiff/Countemlaim Defendant V. TRINA T. LOZANO, Defendant/Counterclaim Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1570 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COUNTERCLAIM OF DEFENDANT/COUNTERCLAIM PLAINTIFF UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Defendant/Countemlaim Plaintiff, Trina T. Lozano, by and through her attorneys, Johnson, Duffle, Stewart & Weidner, and files the following Counterclaims against the Praintiff/Counterclaim Defendant, James T. Lozano: 1. The Countemlaim Plaintiff is Trina T. Lozano, an adult individual, residing at 2076 Dartmouth Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Counterclaim Defendant is James T. Lozano, an adult individual, with a mailing address at P.O. Box 166, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Counterclaim Plaintiff and Counterclaim Defendant were married on May 27, 1983 in Amarillo, Texas. 4. The Counterclaim Plaintiff and Counterclaim Defendant have been bona fide residents of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of these Counterclaims. COUNT I Spousal Support, Alimony/Alimony Pendente Lite 5. The Counterclaim Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 4 inclusive of the Counterclaim as if the same were set forth herein at length. 6. The Counterclaim Plaintiff has insufficient income and assets to provide for her needs. 7. The Counterclaim Defendant has a significant, monthly income, the exact amount of which is uncertain and will be determined through discovery. 8. The Counterclaim Plaintiff has a limited monthly income based upon an allocation provided to her by the Counterclaim Defendant. WHEREFORE, the Counterclaim Plaintiff respectfully requests that this Honorable Court enter an award of spousal support/alimony pendente lite until final hearing and alimony thereafter. COUNT II Counsel Fees, Costs and Expenses 9. The Counterclaim Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive of the Counterclaim as if the same were set forth herein at length. 10. The Counterclaim Plaintiff has retained an attorney to represent her in this action and has agreed to pay a reasonable fee. 11. The Counterclaim Plaintiff is not financially able to meet the expenses and costs involved in connection with this action, or the fees to which her attorney and other experts will be entitled in this case, 12. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses pdor to final hearing, Counterclaim Plaintiff requests that after final hearing, the Court order the Counterclaim Defendant to pay Counterclaim Plaintiff all of her counsel fees, costs and expenses associated with this action. WHEREFORE, the Counterclaim Plaintiff respectfully requests that your Honorable Court enter an award to her of counsel fees, costs and expenses as are deemed reasonable and appropriate. :157371 VERIFICATION I, Trina T. Lozano, verify that the statements made in this Counterclaim are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A {}4904, relating to unsworn falsification to authorities. Trina T. L"oza~ / J CERTIFICATE OF SERVICE AND NOW, this day of Apdl, 2002, the undersigned does hereby certify that he did this date serve a copy of the foregoing Counterclaim upon the other parties of record by causing same to be deposited in the United States Mail first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Delano M. Lantz, Esquire McNees, Wallace & Nurick, LLC P.O. Box 1166 Harrisburg, PA 1'7108-1166 JAMES T. LOZANO, Plaintiff IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1570 Civil Term TRINA T. LOZANO, Defendant : IN DIVORCE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please mark the above captioned matter discontinued and ended without prejudice. McNEES WALLACE & NURICK LLC By ' -Delano M."~a~. ~/~ I. D. #21401 Pamela L. Purdy I.D. #85783 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 Attorneys for Plaintiff Dated: April 26, 2002 CERTIFICATE OF SERVICE I certify that on this day a true and correct copy of the foregoing document was served by U.S. mail, postage prepaid, upon the following: David W. DeLuce, Esquire Johnson, Duffle, Stewart & Weidner 301 Market Street P.O. Box 109 Lemoyne, PA 17043-0109 Dated: April 26, 2002