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HomeMy WebLinkAbout02-1751Shawn M. Toomey, : IN THE COURT OF COMMON PLEAS Plaintiff V. Melissa A. Toomey, Defendant : CUMBERLAND COUNTY : 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 an 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 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: CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6195 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR AN ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 SERVICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013-3307 (717) 249-3166 SHAWN M. TOOHEY, Plaintiff V. MELISSA A. TOOHEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 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. MELISSA A. TOOMEY, efendant ~ 'SHAWN M. TOOMEY, Plaintiff V. MELISSA A. TOOMEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION OF REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE notice. 2. I consent to entry of a final Decree of Divorce without 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 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. 4. I verify that the statements made in this Waiver 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. MELISSA A. TOOMEY, Defendant : IN THl~ COURT OF COMMON PLEAS Shawn M. Toomey, Plaintiff : CUMBERLAND COUNTY, V. -' : CIVIL ACTION - LAW : Melissa A. Toomey, : IN DIVORCE Defendant : ..No.= PLAINTIFF'S COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR 3301 (D) OF THE DIVORCE CODE TO THE HONORABLE JUDGES OF THE SAID COURT: Plaintiff, Shawn M. Toomey, per se, respectfully submits the following: 1. Plaintiff, Shawn M. Toomey, is an adult individual currently residing at 115 Regency Woods North, Carlisle, Penn.~ylvania, 17013 since June 1999. 2. Defendant, Melissa A. Toomey, is an adult individual who has, upon infom~ation and belief, resided at 3338 West Elm Street Phoenix, AZ 85017 since December 2000. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for a least six (6) months immediately previous to the filing of this Complaim. 4. Plaintiff and Defendant were married on August 3, 1995 in Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of his rights to the availability of marriage counseling and that he may have the right to request that the Court require the parties to participate in counseling. o 10. 11. The Defendant is not engaged in the military service of the United States as defmed in the Soldier's and Sailor's Civil Relief Act, and its Supplements and Amendments. Plaintiff requests the Court to enter a decree of divorce. COUNT I - DIVORCE - IRRETRIEVABLE BREAKDOWN Paragraphs one (1) through nine (9) of this Complaint are incorporated by reference as if fully set forth herein. Plaintiff avers that the marriage is irretrievably broken within the meaning of Section 3301 (c) or Section 3301 (d) of Pennsylvania's Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 12. Paragraphs one (1) though (11) of this Complaint are incorporated by reference as if fully set forth herein. 13. Plaintiff and Defendant have not acquired property during the marriage. ~(hawn M. To'only ff Plaintiff, pro se Shawn M. Toomey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, V. : CIVIL ACTION - LAW : Melissa A. Toomey, : IN DIVORCE Defendant : : No.: VERIFICATION I, Shawn M. Toomey, do hereby verify that the facts made in the foregoing Complaint in Divorce are tree and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa. C.S. section 4904 relating to unswom falsification to authorities. By: Shawn M. Too~ey,/Plaintiff Shawn M. Toomey, : IN THE COURT OF COMMON PLEAS Plaintiff V. Melissa A. Toomey, Defendant : CUMBERLAND COUNTY, : CML ACTION - LAW : IN DIVORCE : No.: CERTIFICIATE OF SERVICE I hereby certify that on this day I have served a true and correct copy of the foregoing, Complaint in Divorce, upon the following via certified and regular mail: Melissa A. Polly Toomey 3338 West Elm Street Phoenix, AZ 85017 b-~fiawn M. TSon~y Shawn M. Toomey, : IN THE COURT OF COMMON PLEAS Plaintiff ¥. Melissa A. Toomey, Defendant : CUMBERLAND COUNTY, : CIVIL ACTION - LAW : IN DIVORCE : No.: NOTICE OF AVP. H~ABILITY OF COUNSELING Plaintiff hereby acknowledges and Defendant is hereby notified that counseling is available to Plaintiff or Defendant if a request is made for same either by letter to the Prothonotary of Cumberland County or through their lawyer. If requested, the Court will Require up to a maximum of three (3) counseling sessions. A list of qualified Professionals who provide such counseling services may be obtained either from the Domestic Relations Office of Cumberland County or the Prothonotary of Cumberland Date: Shawn M. Toomey Shawn 1VL Toomey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : CML ACTION - LAW Melissa A. Toomey, : IN DIVORCE Defendant : : No.: PLAINITIFF'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on The marriage of Plaintiff and Defendant is irretrevably broken and ninety (90) days have elapsed from the filing and service of the Complaint. I consent to the entry of a final decree of divorce. I 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 marriage counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's office, which list is available to me upon request. 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. 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. ShOwn M. T~om~ey, Plaifi'fiff Shawn M. Toomey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, ; V. ; : CML ACTION - LAW : Melissa A. Toomey, : IN DIVORCE Defendant : :No.: CERTIFICIATE OF SERVICE I hereby certify that on this day I have served a true and correct copy of the foregoing, Complaint in Divorce, upon thc following via certified and regular mail: Melissa A. Polly Toomey 3338 West Elm Street Phoenix, AZ 85017 Date: 9 ~X'/<St- ~)~) By: Shawn M. Toome~ /~ Shawn M. Toomey, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : V. : : CIVIL ACTION - LAW : Melissa A. Toomey, : IN DIVORCE Defendant : : No.: oo~-[7,.5-t ~ ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce in the above-captioned action. I certify that I am authorized to accept service on behalf of the Defendant. Date: SHAWN M. TOOMEY, Plaintiff Vo MELISSA A. TOOMEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 2002-1751 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION OF REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE notice. 2. I consent to entry of a final Decree of Divorce without 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 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 Pro[honotary. 4. I verify that the statements made in this Waiver 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: SHAWN M. TOOM~,/Plain~ff SHAWN M. TOOMEY, Plaintiff Vo MELISSA A. TOOMEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-1751 CIVIL TERM ORDER OF COURT AND NOW, this 3~d day of October, 2002, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that (a) Plaintiff's affidavit of consent was executed and filed prematurely and (b) neither party's affidavit of consent is complete, a divorce decree can not be entered at this time. A NEW praecipe to transmit record may be filed when the file will support entry of a divorce decree. Shawn M. Toomey 115 Regency Woods, North Carlisle, PA 17013 Plaintiff, Pro Se Melissa A. Polly (Toomey) 3338 West Elm Street Phoenix, AZ 85017 Defendant, Pro Se BY THE COURT, J.~esley Oler, ~., J. ' jo- o3 :rc SHAWN M. TOOMEY, Plaintiff MELISSA A. TOOMEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA NO. 02-1751 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECOP~ TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce degree: 1. Ground for divorce: Irretrievable breakdown under section 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Acceptance of Service - 6/13/02 Plaintiff contends nhat 90 days have elapsed from the date of the filing and service of the complaint. 3. Date of execution of the Affidavit Of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: March 21, 2003; by the Defendant: March 19, 2003. 4. Date of waiver of notice of intention to request entry of a divorce decree: by the Plaintiff: March 21, 2003; by the Defendant: March 19, 2003. 4. Related economic claims pending: There are no economic claims pending and distribution of all personal and real property has been settled by agreement of the parties. Enclosed is the parties marriage settlement agreement which should be incorporated, but not merged, into the divorce decree. SHAWN M .{ T~O~E~, Plaintiff ~ Pro se IN PLEAS THE COURT OF COMMON Of CUMBERLAND COUNTY STATE OF ~,~~ .. PENNA. RRAW~ M: VERSUS No. ~n~_~?5~ DeCrEE IN AND NOW,. DIVORCE ~., IT IS ORDERED AND DECREED THAT SHAWN M. TOOMEY , PLAINTifF, AND MELISSA A. TOOMEY , 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 ATTEST: Jo PROTHONOTARY