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HomeMy WebLinkAbout08-1110t Donald L. Jenkins, Jr., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION Tammy L. Jenkins, NO. pY- 1I IU Cyr i tuh Defendant IN DIVORCE N O T I C E T O D E F E N D 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 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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 BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE PA 17013 1-800-990-9108 717-249-3166 Donald L. Jenkins, Jr., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION Tammy L. Jenkins, NO. O g=1) ib C??i ?M Defendant 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 a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Donald L. Jenkins, Jr., IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY PENNSYLVANIA VS. CIVIL ACTION Tammy L. Jenkins, NO. off- I I 16 C3v' 1 +t-0- Defendant IN DIVORCE CONSOLIDATED COMPLAINT IN DIVORCE 1. Plaintiff is Donald L. Jenkins, Jr., a citizen of Pennsylvania, residing at an undisclosed location in Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tammy L. Jenkins, a citizen of Pennsylvania, residing at 1 Belle Vista Drive, Marysville, Perry County, Pennsylvania. 3. Plaintiff avers that there are no children under the age of eighteen (18) years born of the marriage. 4. Plaintiff and Defendant are sui 'uris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 5. The parties are husband and wife and were lawfully married on June 2, 1979, in Dauphin County, Pennsylvania. 6. The marriage is irretrievably broken. 7. Neither Plaintiff nor Defendant are 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. 8. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 9. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for a Fault Divorce Under 3301(a)(6) of the Divorce Code 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 12. This action is not collusive. 13. 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, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 14. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 15. The marriage of the parties is irretrievably broken. 16. 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. 17. 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 III Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 18. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 19. The marriage of the parties is irretrievably broken. 20. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 21. 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 two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT IV Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 23. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 24. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court tc equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. Respectfully submitted, DISSINGER and DISSINGER ............. Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717)975-3924 -fax VERIFICATION I, Donald L. Jenkins, Jr., verify that the statements made in the Divorce 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. ZFN?.? ? r Donald L. Jenki s, Jr., Pl intiff Q W ? a b n r-la C? c-? -rt CJ `.? t? t DONALD L. JENKINS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 08-1110 TAMMY L. JENKINS, CIVIL ACTION Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Melanie L. Erb, Esquire in the above referenced matter for the Defendant, Tammy L. Jenkins, per her request. Date: / 40 Respectfully Submitted, McYanie L. Erb Attorney ID # 84445 2132 Market Street Camp Hill, PA 17011 (717)975-9446 DONALD L. JENKINS, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 08-1110 TAMMY L. JENKINS, CIVIL ACTION Defendant IN DIVORCE CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true a correct copy of the foregoing Praecipe was served by first class mail upon the following: Mary A. Etter Dissinger, Esquire Dissinger & Dissinger 28 N. 32"d Street Camp Hill, PA 17011 Date: 4iMee L. Erb ° Q c a Fri t" 4 m 4 c-n r A rL , Donald L. Jenkins, Jr., Plaintiff VS. Tammy L. Jenkins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL TERM NO. 08-1110 IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA . COUNTY OF CUMBERLAND ss .. Mary A. Etter Dissinger, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt dated March 12, 2008, attached hereto as Exhibit "A". Sworn to and subscribed before me this day of Cfdk 2008. Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 (717) 975-3924 f otary Public NOTAMSEAL ANNETm PERKIM Nokffy PUW CAMP HILL BOROUGH CLWNERIAND COIMy My Commission Expires Jul 22, 2009 rr 3 ¦ 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 mailplece, or on the front If space Perrrrts. nm ?. J.en 1?s MC?r?SV ?'?? ? 19A , -I, 0 Express Mail 0 Retum Receipt for Merchandise ,-, --- 2. ArdceNurnber 7002 x860 G004 2517 T597 (TiWMAW fom So' in Aeho PS Form 3811, February 2004 Donnestic Return Receipt 102595-02-M-1540 - H YES, enter deli r address below, 0 No 5513 Ken wood 4arY i Sbu -vQ?A i'1 1 l?? EXHIBIT "A" -C, Cr7r - -1 rte-,',. t? "4 DONALD L. JENKINS, JR., Plaintiff, V. TAMMY L. JENKINS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 08-1110 CIVIL ACTION IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Plaintiff, Tammy L. Jenkins, by and through her attorney, Melanie L. Erb, Esquire who files this Answer and Counterclaim and avers as follows: 1. Defendant is without sufficient information, knowledge or belief to form an opinion as to this averment. 2. Admitted in part. Defendant's residence is located within Cumberland County, Pennsylvania.. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. 7. Admitted. 8. Admitted. 9. Defendant is without sufficient information, knowledge or belief to form an opinion as to this averment. COUNT 1 Request for a Fault Divorce 10. Paragraphs 1 thru 9 are incorporated as if set forth fully herein. 11. Denied. 12. Admitted. 13. Defendant is without sufficient information, knowledge or belief to form an opinion as to this averment. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's request for entry of a Decree in divorce pursuant to 3301(a)(6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown under Section 3301(c) 14. Paragraphs 1 thru 13 are incorporated as if set forth fully herein. 15. Denied. 16. Defendant is without sufficient information, knowledge or belief to form an opinion as to this averment. 17. Defendant is without sufficient information, knowledge or belief to form an opinion as to this averment. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff's request for entry of a Decree in divorce pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown under Section 3301(d) 18. Paragraphs 1 thru 17 are incorporated as if set forth fully herein. 19. Denied. 20. Defendant is without sufficient information knowledge or belief to form an opinion as to the veracity of Plaintiff's statement. 21. Defendant is without sufficient information knowledge or belief to form an opinion as to the veracity of Plaintiff's statement. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff s request for entry of a Decree in divorce pursuant to 3301(d) of the Divorce Code. COUNT IV 22. Paragraphs 1 thru 21 are incorporated as if set forth fully herein. 23. Admitted. 24. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court deny Plaintiff s request for entry of a Decree in divorce pursuant to 3301(a)(6) of the Divorce Code. COUNTERCLAIMS COUNTI Alimony pendente lite, Counsel fees and costs 25. Paragraphs 1 thru 24 are incorporated as if set forth fully herein. 26. Defendant has retained an attorney to represent her in this action and has agreed to pay her a reasonable fee. 27. Defendant is not financially able either to meet the expenses and costs of this action or the fees to which her attorney will be entitled in this case. 28. Defendant has insufficient income and assets to provide for her needs. 29. The costs and expenses incurred in this litigation have become and will in the future become onerous, making it difficult for Defendant to maintain and support herself during the pendency of this action. 30. Plaintiff is employed at a higher income level than Defendant and is able to financially provide for Defendant. WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order granting her alimony pendente lite, counsel fees, costs and expenses. COUNT II Alimony 31. Paragraphs 1 thru 30 are incorporated as if set forth fully herein. 32. Defendant has insufficient income and assets to provide for her needs. 33. Plaintiff is well able to provide for Defendant's needs but has refused or otherwise failed to provide for same on a voluntary basis. WHEREFORE, Defendant respectfully requests this Honorable Court enter an Order granting her alimony. Date: jGIW- Respectfully Submitted, Melanie L. Attorney ID # 84445 2132 Market Street Camp Hill, PA 17011 (717)975-9446 VERIFICATION I, Tammy Jenkins, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. TAMMY ENKIN Date: ??--e2 6:a DONALD L. JENKINS, JR., : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :No.: 08-1110 TAMMY L. JENKINS, : CIVIL ACTION Defendant : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that a copy of the foregoing ANSWER AND COUNTERCLAIM was hereby served by depositing the same within the custody of the United States Postal Service, First Class, postage prepaid, addressed as follows: To: Mary Dissinger Dissinger & Dissinger 28 N. 32nd Street Camp Hill, PA 17011-2917 -711 / Date: Respectfully Submitted, ie rb, Esquire A orney for Defendant Law Office of Darrell C. Dethlefs P.O. Box 368 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attny. Id. No.: 84445 b n v @ ?'' i7 Donald L. Jenkins, Jr., Plaintiff VS. Tammy L. Jenkins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL TERM NO. 08-1110 IN DIVORCE PRAECIPE TO WITHDRAW DIVORCE COMPLAINT AND ALL COUNTS ATTACHED To the Prothonotary: Please withdraw the Divorce Complaint and all counts attached thereto in the above captioned matter. Respectfully submitted: Mary A. Etter Dissinger Attorney for Plaintiff 28 N. 32nd Street Camp Hill, PA 17011 (717)975-2840 Donald L. Jenkins, Jr., Plaintiff VS. Tammy L. Jenkins, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL TERM NO. 08-1110 IN DIVORCE CERTIFICATE OF SERVICE I, Mary A. Etter Dissinger, hereby certify that on the date set forth below I served a true and correct copy of the foregoing document upon the attorney for Plaintiff, by First Class United States mail addressed as follows: Melanie Erb 2132 Market Street Camp Hill, PA 17011 te: August 13, 2008 Mary A. Etter Dissinger C • rv cIA Q - z_ _ m G-) it CC)