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Home My WebLink About07-0110LYNETTE M. HABIBI, : IN THE COURT OF COMMON PLEAS OF Plaintiff :DAUPHIN COUNTY, PENNSYLVANIA vs. :CIVIL ACTION HOUCINE B. HABIBI, : NO. O'r - / ~~ ~ t (> ~ ~„~F1L.~'-'1 Defendant IN DIVORCE NOTICE TO DEFEND YOU HAVE BEEN SUED 1N COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You aze 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 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 mamage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Dauphin County Courthouse, Front and Market Street, Harrisburg, PA 1 ? 101 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 F1ND OUT WHERE YOU CAN GET LEGAL HELP. Mid Penn Legal Services 213A N. Front Street Harrisburg, PA 17101 (717) 232-7536 NOTICIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dial de plazo al partir de lag fecha de las demands y la notificacion. Usted debe presentaz una apariencia escrita o en persona o Page 1 of 2 por abogado y archival en la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una brden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demanda. usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO T1ENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Mid Penn Legal Services 213A N. Front Street Harrisburg, PA 17101 (717) 232-7536 Michael D. Rentschler, Esquire Attorney for Plaintiff Page 2 of 2 LYNETTE M. HABIBI, Plaintiff vs. HOUCINE B. HABIBI, Defendant IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Office of the Prothonotary, Dauphin County Courthouse, Front and Market Street, Hamsburg, PA 17101. Prothonotary LYNETTE M. HABIBI, : IN THE COURT OF COMMON PLEAS OF Plaintiff :DAUPHIN COUNTY, PENNSYLVANIA vs. :CIVIL ACTION HOUCINE B. HABIBI, : NO. O7 _ ~~~ ~~ •/ ~7~~~ Defendant l.. t,l, ` IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is LYNETTE M. HABIBI, an adult individual who currently resides at 50 Caravan Court, Middletown, Dauphin County, Pennsylvania 17057. 2. Defendant is HOUCINE B. HABIBI, an adult individual who currently resides at 308 Holly Hall, Middletown, Pennsylvania 17057. 3. Plaintiff and Defendant are sui juris and both have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties aze husband and wife and were lawfully married on May 28, 2002 in Harrisburg, Dauphin County, Pennsylvania. There aze no children of the marriage. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction, with regazd to this marriage. 8. The Plaintiff has been advised of the availability of counseling and of the right to request 1 that the Court require the parties to participate in counseling. COUNTI Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior pazagraphs of this Complaint aze incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90} days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior pazagraphs of this Complaint are incorporate herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. The final date of sepazation of the parties was August 1, 2006. The parties are intending to continue to live sepazate and apart. Since two (2) yeazs have elapsed from the date of final 2 separation, Plaintiff will file her affidavit of having lived sepazate and apart, provided a divorce decree has not already been granted pursuant to Section 3301C of the Divorce Code. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the pazties to participate in such counseling. WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. ichael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 North 32nd Street Camp Hill, PA 17021 (71?) 975-9129 3 VERIFICATION I, Lynette M. Habibi, Plaintiff herein, do hereby sweaz and affirm that the statements contained in this document aze true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904 which relates to unsworn falsification to authorities. Date: ~'- TTE M. HABIBI C') ~' ~i ~_ c~ t_ ,~ ~.~ ~•, „~ ~n s- ~n ,', ~ c3 ~ _ ~ t- 00 V --~. ~ w c -~ LYNETTE M. HABIBI, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. HOUCINE B. HABIBI, NO. 2007-110 Defendant :CIVIL ACTION -LAW IN DIVORCE ACKNOWLEDGEMENT OF ACCEPTANCE OF SERVICE OF COMPLAINT IN DIVORCE I, Houcine B. Habibi, acknowledge that a complaint in divorce under Section 3301 (C) of the divorce code was filed on January 5, 2007 and that I accepted service of the Complaint in Divorce on January 8, 2007. OUCINE B. H IBI, Defendant ~ ~ !- _ ~' p ~ ~ `~?t~ r.~ f~lf~I' ~.J ~ r. '.. f' fT s ~- ~ ~ ~ 1 «! yy r ~ - -tea 1 "-.. r-ev ~,~ ^y-y ~y ~ ~~ .. ' m d_.~ . I V ~ r~µ .~ W LYNETTE M. HABIBI, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION HOUCINE B. HABIBI, N0.07-110 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 5, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: C _` off- -3, ~ 7 TTE M. HAB I, Plaintiff ~ ~ '~ ~t ~' ! ~' -~-f-_ ~., __ - ~ ~U l77~ ' ~A ~ L7 -~'. „! ~,- „~. >,__ ~ ~" ~J~ t_` Y c.,. O -~ .. rv --~ LYNETTE M. HABIBI, Plaintiff vs. HOUCINE B. HABIBI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION N0.07-110 CIVIL TERM 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 this Affidavit aze 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. Date: a2.3,? ~ 7 L TTE M. HABIBI, Plaintiff ~ ° ~ i -c~ ~t. ' .~~ ~ -,z-i t'T 3 F J' . ~ ' ~ '' f ~i -p ~-~',_ _ N C13 . ~'. ,.,,! _ ~' ",~ i.. y. ~,.,, r'' - ~. ~ se's , r , ~ -- ~ ~ --a LYNETTE M. HABIBI, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION HOUCINE B. HABIBI, N0.07-110 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on January 5, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Dated: ~ ~.3 7 ~~ ~ _ .% U INE B. BI, Defendant C~ o Q C _,,,, n -a cx: nrtrr s"' -~ m-" ~ ~' ~ ~ ~~. ~~t LYNETTE M. HABIBI, Plaintiff Vs. HOUCINE B. HABIBI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION N0.07-110 CIVIL TERM 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 this Affidavit 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. ,~ Date: ~ 3 ~~ ~ `~ OUCINE B. HAB I, Defendant ~ O ~ -caw "~~ F~-.. "C~ t`~ N ..E -. wta LYNETTE M. HABIBI, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. HOUCINE B. HABIBI, N0.2007-110 Defendant :CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: the Prothonotary Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301C of the Divorce Code. 2. Date and manner of service of the complaint: January 8, 2007 by Acceptance of Service 3. Date of execution of the affidavit of consent required by Section 3301 C of the Divorce Code: by plaintiff on Apri123, 2007; by defendant on April 23, 2007. 4. Related claims pending: None. 5. Date plaintiff s Waiver of Notice was filed with Prothonotary: Apri127, 2007. 6. Date defendant's Waiver of Notice was filed with Prothonotary: Apri127, 2007. Respectfully submitted, Michael D `Rentschler, Esquire Supreme Court LD. #45836 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 ~ d ~ --c:~~t~~k t-F..t ~~" '~~.} ~~c~ "L~ ~! :'~ Ti rL y ~ ~'_' Y Y~ ` , r j ,y ~,,,++ `rr." ~, ~ h, i '` ~+ ~ ~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. =y ~~ _' ~- No. 2(107-110-moo=i1 VERSUS Houcine B. Habibi DECREE IN D[VORCE AND NOW, rrlZh ~ CO , IT IS ORDERED AND DECREED THAT Lynette M. Habibi PLAINTIFF, AND HOUClrie B. Habibi 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; All property issues resolved BY THE COU PROTHONOTARY -,~,,~ ~ sue' ~I.~ ~a ~, s ~ f