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Home My WebLink About00-00539M:\ HOME\ JRB\ FAMILY\ DONHAM.DIV Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street P. 0. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Attorney for Plaintiff JASON C. DONHAM PLAINTIFF, V. NANCY JEAN DONHAM DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. aQxs - 539 : IN DIVORCE NOTICE TO DEFEND AND CLAIMS 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 of marriage 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 from 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240.6200 Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street P. 0. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Attorney for Plaintiff JASON C. DONHAM PLAINTIFF, V. NANCY JEAN DONHAM DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. ;2o -S39 Caws IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO §3301(c) OF THE DIVORCE CODE AND NOW COMES the Plaintiff, Jason C. Donham, by his attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, and states the allegations of this complaint, as follows: COUNTI DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. The Plaintiff, Jason C. Donham, is an adult individual who currently resides at 849 Louise Court, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant, Nancy Jean Donham, is an adult individual whose last known address is 1007-5 Foxcroft Lane, Statesville, Iredell County, North Carolina 28677. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. COUNT II DIVORCE UNDER THE GROUNDS OF INDIGNITIES 12. Plaintiff repeats and realleges the averments of paragraphs 1 through 11 which are incorporated by reference. 13. The Plaintiff, Jason C. Donham, has suffered such indignities to him, the innocent and injured spouse as to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully request this Court enter a divorce pursuant to §3301(c) of the Divorce Code. COUNT III EQUITABLE DISTRIBUTION 14. Plaintiff repeats and realleges the averments of paragraphs 1 through 13 which are incorporated by reference. 15. Plaintiff and Defendant possess various items of personal marital property which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By:- % ? cS? Wf rey R. Boswell, Esquire DATE: January l2, 2000 JASON C. DONHAM : IN THE COURT OF COMMON PLEAS PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. NANCY JEAN DONHAM DEFENDANT. : IN DIVORCE VERIFICATION I, Jason C. Donham, Plaintiff, hereby verify that the facts contained in the foregoing document 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 unsworn falsification to authorities. r c 4.6Y1 C ON C. DO DATE: January 12, 2000 P i h S Y` L iw7 tt1 -o (!rn MAHOMEVREITAMn.Y,DONHAM. AMEND COM.WPD Jeffrey R. Boswell, Esquire Supreme Court L D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Attorney for Plaintiff JASON C. DONHAM PLAINTIFF, V. NANCY JEAN DONHAM DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000-539 Civil IN DIVORCE NOTICE TO DEFEND AND CLAIMS 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 of marriage 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 from 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Attorney for Plaintiff JASON C. DONHAM PLAINTIFF, V. NANCY JEAN DONHAM DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-539 Civil IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO §3301(d) OF THE DIVORCE CODE AND NOW COMES the Plaintiff, Jason C. Donham, by his attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, and states the allegations of this amended complaint, as follows: 1. Plaintiff Jason C. Donham filed a Complaint in Divorce pursuant to §3301(c) of the Divorce Code on January 28, 2000. 2. Plaintiff Jason C. Donham is an adult individual who currently resides at 849 Louise Court, Enola, Cumberland County, Pennsylvania 17025. 3. Defendant Nancy Jean Donham is an adult individual whose last known address is 1007-5 Foxcroft Lane, Statesville, Iredell County, North Carolina 28677. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this amended complaint. 5. The Plaintiff and Defendant were married on September 6, 1996, in Vernon, New Jersey. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. 9. Plaintiff requests the Court to enter a Decree in Divorce. COUNTI DIVORCE UNDER SECTION 3301(D) OF THE DIVORCE CODE 10. The Plaintiff and the Defendant separated on December 23, 1998. 11. The Plaintiff moved to the Commonwealth of Pennsylvania. 12. Plaintiff and Defendant have been separated for greater than two (2) years. WHEREFORE, the Plaintiff respectfully requests that the Court enter a divorce pursuant to §3301(d) of the Divorce Code. COUNT II DIVORCE UNDER THE GROUNDS OF INDIGNITIES 13. Plaintiff repeats and realleges the averments of paragraphs 1 through 11 which are incorporated by reference. 14. The Plaintiff, Jason C. Donham, has suffered such indignities to him, the innocent and injured spouse as to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests this Court enter a divorce pursuant to §3301(a)(6) of the Divorce Code. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: i R. Boswell, Esquire Uffifc? DATE: January/(? 2001 JASON C. DONHAM : IN THE COURT OF COMMON PLEAS PLAINTIFF, : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. NANCY JEAN DONHAM DEFENDANT. : IN DIVORCE VERIFICATION I, Jason C. Donham, Plaintiff, hereby verify that the facts contained in the foregoing document 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 unworn falsification to authorities. Q&crl"!J5'? SON C. D I DATE: January /6 2001 rt' C? m C- n , f Q (j.r ? ? ?j 777 'C Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street, P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff JASON C. DONHAM PLAINTIFF, V. NANCY JEAN DONHAM DEFENDANT. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2000-539 Civil IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS. Jeffrey R. Boswell, Esquire, 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, Nancy Jean Donham, on March 28, 2001. The Defendant received the Complaint on April 2, 2001, as evidenced by the attached return receipt card attached hereto. This service of process was accomplished pursuant to North Carolina law by mailing the Complaint by Registered Mail, received by Candace Derr, who is the Defendant's daughter, and a person of suitable age and discretion, residing with the Defendant at 174 Yellowstone Lane, Statesville, North Carolina 28677. Pennsylvania Rules of Civil Procedure, 1930.4(f)(2) provides for original service to be served outside the Commonwealth of Pennsylvania within 90 days of the filing of the Complaint in the manner provided by law of the jurisdiction in which the Defendant will be served. 50 North Carolina General Statutes Annotated, Article 1, § 50-8 provides for service upon a Defendant by a nonresident of North Carolina with service accepting by Defendant by making service upon an adult in the Defendant's household as provided in North Carolina General Statutes IA-I, Rule 40)(1); N.C. G.S.A.1-75.4. `tk - - y R. Boswell, Esquire Sworn to and subscribed before me this 23`a day of October, 2001 Notary Public My Commission Expires: blic p 2003 . 5"Q item 4 If jeatt ed Delivery is desired. t: Print yo,,p' and address on the reverse so that vie c n'return the card to you. lill,Attach this:;f to the back of the mailpiece, or on the P If space permits. 1. Article Addressed to: MS NANCY JEAN DONHAM 174 YELLOWSTONE LANE STATESVILLE N C 28677 A. by ? Agent try address different from item 17 ? Yes enter delivery address below: ? No 3. Service Type 0 Certified Mail ? Express Mail .? { f Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? yes 2. Article Number (Copy from service label) ?Jrp 3qj I, Julyl1iff i i 1 I Dorinpstig Return Receipt 102595.00-M-0952 1 Ed a ? tiit ftll Ytt C7 "a -TI ril ? _A7 ?a Jeffrey R. Boswell, Esquire Supreme Court I. D. #25444 BOSWELL, TINTNER, PICCOLA & ALFORD 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Attorney for Plaintiff, Jason C. Donham Fax: (717) 236-9316 E-mail: jboswell@att.net JASON C. DONHAM, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF, VS. : NO. 2000-539 - CIVIL NANCY JEAN DONHAM, IN DIVORCE DEFENDANT. STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff, Jason C. Donham, intends to proceed with the above-captioned matter. Respectfully submitted, Jeffrey . Boswell, Esquire Dated: October 12, 2004 CERTIFICATE OF SERVICE I, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document to the following: Mr. Jason C. Donham 101 S.2 nd Street Harrisburg, PA 17101-2509 Ms. Nancy Jean Donham 174 Yellowstone Lane Statesville, North Carolina 28677 Method of Service: X First class mail Certified mail/Restricted Delivery Hand-delivery BOSWELL, TINTNER, PICCOLA & ALFORD By: Jeffr . Boswell, Esquire d Dated: October , 2004 r> r r-.. o - tr; f'il r- -7 r?7 GJ a C.`? T7 Curtis R. Long Prothonotary office of the Protbonotarp Cumberfaub CDuntp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor QQ - 539 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573