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HomeMy WebLinkAbout02-4582Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 Attorneys for Plaintiff PHILIP D. CAREY, PLAINTIFF TAMA M. CAREY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. _. : 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 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 ofmanSage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor fi.om the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling you must make your request for counseling within TWENTY DAYS (20) of the date on which you received this notice. Failure to do so will constitute a waiver of your right to request counseling. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE COURT ADMINISTRATOR 4TH FLOOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER, PICCOLA & WlCKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 Attorneys for Plaintiff PHILIP D. CAREY, PLAINTIFF TAMA M. CAREY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. NO. - q0 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER §3301(C) OR §3301(1)) THE DIVORCE CODE AND NOW COMES the Plaintiff, Philip D. Catty, by his counsel, Leonard Tintncr, Esquire, and Boswell, Tintner, Piccola & Wickersham, and complains of thc Defendant, Tama M. Carey, as follows: 1. Plaintiff is Philip D. Carey, an adult individual currently residing at 626 Wilson Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Tama M. Carey, an adult individual, with a current mailing address of 626 Wilson Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least 6 months previous to the filing of this complaint. 4. Plaintiffand Defendant were married on May 9, 1981, in Carlisle, Cumberland County, Pennsylvania. 5. There are no children of this marriage. 6. The parties separated in October 1996. 7. There have been no prior actions of divorce or annulment between the parties. 8. Neither of the parties in this action is presently a member of the Armed Services of the United States. 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, but avers that he does not require or request counseling. 10. The marriage is irretrievably broken. 11. The parties may enter into a written agreement with regard to property division, in which case such agreement may be incorporated by the Court into the Final Decree of Divorce. 12. Plaintiff requests the Court to enter a Decree in Divorce WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce under §3301(c) of the Divorce Code. RESPECTFULLY SUBMITTED, BOSWELL, TINTNER, PICCOLA & W~H~ Yl~(~nard Tintner, Esquire DATE: September 23, 2002 PHILIP D. CAREY, PLAINTIFF V. TAMA M. CAREY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : : NO. : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I, Philip D. Carey, Plaintiff, hereby verify that the facts contained in the foregoing pleading are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 Attorneys for Plaintiff PHILIP D. CAREY, PLAINTIFF TAMA M. CAREY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : NO. 02-4582 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS. COUNTY OF DAUPHIN : Denise L. Foster, Paralegal, being duly sworn according to law, deposes and says that I am a competent adult, and that I mailed a copy of the Complaint in Divorce on the Defendant, Tama M. Carey, on September 24, 2002. The Defendant received the complaint on October 9, 2002, as evidenced by the attached return receipt card attached hereto. Denise L Foster, Paralegal Sworn to and subscribed before me this /tffe~ day of October, 2002. Connie k. Hardy, Notary Public Harrisburg, Dauphin County My Commission Exptre~ Feb. 10, 2003 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, o~ on the front if space permits. 1. ~lc~ Addressed to: B. Received by (~ D. Is delivery If YES, e~lter defivery r~yss 3.LS~ice Type "~L~C, ertified Mail [] Expre~ Mail [] Registered [] Return Rec~pt for Mereham:ll~e [] Insured Metl [] C,O.D. PS Form 381 1, August 2001 Domeetlc R~tum R~3~ot 102595-02-M-0~$5 Angelic E. Alajlouni, Nader F. Alajlouni, : In the Court of Common Pleas of Plaintiff : : Cumberland County, Pennsylvania V. ; : No. 02-4756 Civil Term Defendant : Custody MOTION FOR CONTINUANCE Plaintiff, Angelic E. Alajlouni, by and through her attorney, Joan Carey, of MidPenn Legal Services, moves the Court for an Order rescheduling the hearing in the above-captioned case on the grounds that: 1. Pursuant to plaintiff's Special Relief Petition, a Temporary Custody Order was issued by Judge Bayley on September 30, 2002, and a hearing was scheduled for October 7, 2002, at 2:00 p.m. 2. The defendant retained James Abraham to represent him in the custody matter and the parties, by and through their respective counsel, agreed to reschedule the hearing for December 4, 2002 at 1:30 p.m., to afford the parties time to negotiate the matter. WHEREFORE, Plaintiff requests that the Court grant this Motion and reschedule this matter for hearing. Respectfully submitted, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 or 1-800-822-5288 Leonard Tint. er. Esquire Supreme Court I.D. #06859 BOSWELL. TiNTNER, PICCOLA & ALFORD 315 N. Front Street PO Box 741 Harrisburg, PA 17408-0741 (717) 236-9377 Attorneys for Plaintiff PHILIP D. CAREY, PLAINTIFF TAMA M. CAREY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : : NO. 02-4582 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 ifI 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. §4904 relating to unsworn falsification to authorities. DATE: /0 supreme Court L .... BosWELL, TINTlqER, PIccOLA & ALFOP,,D 315 Iq. Front Street PO Box 741 Harrisburg, PA 1'7408-0741 (717J 236-9377 Attorneys for plaintiff pH1L1P D. CAREY, pLAINTIFF TAMA M. CAREY, : IN THE coURT OF coMMON PLEAS : CUMBERLAND COUNTY, pENNA. : NO. 02-4582 :CIVIL ACTION - LAW : IN DIVORCE DEFENDANT wAIVER OF NOTICE OF 1NTEN'~ ENTRY OF A DIVORCE DECREE UNDER 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, 2. lawyer's fees or expenses lfI 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. §4904 relating to unswo falsification to authorities. Leonard Tintner, Esquire Supreme Court I.D.//06859 BOSWELL, TINTNER, PICCOLA & ALFORD 315 N. Front Street PO Box 741 Harrisburg, PA 17408~0741 (717) 236-9377 Attorneys for Plaintiff PHILIP D. CAREY, PLAINTIFF Vo TAMA M. CAREY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : : NO. 02-4582 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT _UNDER SECTION 3301(c) OF THE DIV~)RCE CODE I, PHILIP D. CAREY, being duly sworn according to law, depose and say that: 1. I am the Plaintiff in the above-captioned action itt divorce under Section 3301(c) of the Divorce Code. 2. 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 counseling. 3. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 4. 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. 5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 24, 2002. 7. 8. 9. My marriage to TAMA M. CAREY, is irretrievably broken. Ninety (90) days have elapsed from the date of filing the Complaint. I consent to the entry ora final Decree of Divorce. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I, PHILIP D. CAREY, Plaintiff, verify that the statements made in this Affidavit are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to unswom falsification to authorities. DATE: Philip D. ~arey Leonard Tintner, Esquire Supreme Court I.D. #06859 BOSWELL, TINTNER, PICC©LA & ALFORD 315 N. Front Street PO Box 74I Harrisburg, PA 17408-0741 (717) 236-9377 Attorneys for Plaintiff PHILIP D. CAREY, PLAINTIFF TAMA M. CAREY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : : NO. 02-4582 : : 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 (X) 3301 (c) ( ) 3301 (d) (1) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the Complaint: Acceptance of Service - Filed with Court 10/10/2002. 3. (Complete either paragraph (a) or (b)). (a). Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: Plaintiff- 11/13/2003~ Defendant 11/10/2003. (b). (1) Date of execution of the Plaintiffs affidavit :required by Section 3301 (d) of the Divorce Code: .N/A; 4. Related claims pending: N~one 5. Date and service of the Notice of Intention to file Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be entered tmd~section 3301 (d)(1)(i) of the Divorce Code. J LEONe) TINTNER Attorney for (x) Plaintiff ( ) Defendant DATE: December 1, 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND STATE OF ~ COUNTY PENNA. N O. 02-4582 DECREE ,IN DIVORCE AND NOW .... .~.z.c..~mm~.. '~ 1~.2°°3 , it is ordered and decreed that . .~. ~.~.zp D. ~ , plaintiff, and TAV. m ~. cAv,~ .......................................................... defendant, are divorced from the bonds of motrimon¥. The court retains jurisdiction of the following claims which have been raised °f ~~is action for which a final order has not yet been entered; Leonard Tinlner, Esquire Supreme Court I.D. #06859 BOSWELL, T1NTNER, PICCOLA & ALFORD 315 N. Front Sireet PO Box 741 Hamsburg, PA 17408-074l (717) 236-9377 Attorneys for Plaintiff PHILIP D. CAREY, PLAINTIFF TAMA M. CAREY, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLANI) COUNTY, PENNA. : NOo 02-4582 : : CIVIL ACTION - LAW : IN DIVORCE _AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE I, TAMA M. CAREY, being duly sworn according to law, depose and say that: 1. I am the Defendant in the above-captioned action in divorce under Section 3301 (c) of the Divorce Code. 2. 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 counseling. 3. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 4. 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. 5. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 24, 2002. 6. My marriage to PHILI? D. CAREY, is irretrievably broken Ninety (90) days have elapsed from the date of filing the Complaint. I consent to the entry of a final Decree of Divorce. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I, TAMA M. CAREy, Defendant, 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. Section 4904, relating to unsworn falsification to authorities. DATE: to cJ/'azoo,,fla,,.. 2003