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Home My WebLink About09-0771P McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1667 facsimile dcantor(cD-mwn.com DAWNELL R. NELSON, Plaintiff V. HAROLD J. NELSON, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O9- 17'1j Civil Term 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 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013. 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. J. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 McNEES WALLACE & NURICK LLC Attor No.66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1667 (fax) dcantor .mwn.com Attorneys for Plaintiff Dawnell R. Nelson Dated: February 1 , 2009 McNEES WALLACE & NURICK LLC By: Debra D. Cantor Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1667 facsimile dcantor _mwn.com DAWNELL R. NELSON, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. ,U 9- '7 71 olv- U ?C V. CIVIL ACTION - LAW HAROLD J. NELSON, III, IN DIVORCE Defendant COMPLAINT AND NOW comes Plaintiff, Dawnell R. Nelson, by and through her counsel, McNees Wallace & Nurick LLC, and files the following Complaint in Divorce. COUNTI Divorce Under 3301(c) or 3301(d) of the Divorce Code 1. Plaintiff is Dawnell R. Nelson, who currently resides at 1064 Tunberry Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Harold J. Nelson, III, who currently resides at 1712 N. 3rd Street, Harrisburg, Dauphin County, Pennsylvania, 17102. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 7, 2000, in St. Lucia. 5. Plaintiff and Defendant were separated on May 26, 2008. 6. Plaintiff and Defendant are the parents of three minor children, Hogan J. Nelson, born April 20, 2001, Harper L. Nelson, born August 21, 2002, and Hudson A. Nelson, born December 4, 2006. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives her right to such counseling. 10. After 90 days have elapsed from 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. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two years from the date of separation. WHEREFORE, Plaintiff, Dawnell R. Nelson, respectfully requests the Court to enter a decree of divorce under Section 3301(c) or (d) of the Divorce Code. COUNT II EQUITABLE DISTRIBUTION 12. Plaintiff incorporates by reference paragraphs I through 11 of this Complaint. 13. Plaintiff and Defendant possess various items of personal marital property, as well as marital debts, which are subject to equitable distribution by this Court. 2 WHEREFORE, Plaintiff, Dawnell R. Nelson, requests your Honorable Court to equitably distribute all property, both real and personal, owned by the parties, as well as all marital debts. McNEES WALLACE & NURICK LLC By Deb a r A No. 66378 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (phone) (717) 260-1667 (fax) dcantor _mwn.com Attorneys for Plaintiff, Dawnell R. Nelson Dated: February 2009 3 VERIFICATION Subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities, I hereby certify that the facts set forth in the foregoing document are true and correct to the best of my information and belief. nell f R. 14elson Dated:, ?- , 2009 CTS -+ N . j LT) - n? P 0 DAWNELL R. NELSON, Plaintiff V. HAROLD J. NELSON, III, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-771 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Divorce Complaint in the above matter. 1 ""Jo? DI J. Nelson, I h Dated: 3(1 D , 2009 r.a T 3 ? ? i x ^ l ' ? S ti ED 15? McNEES WALLACE & NURICK LLC By: Debra Denison Cantor Attorney ID No. 66378 Lynnore K. Seaton, Esquire Attorney I.D. No. 210241 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1667 facsimile dcantor mwn.com Attorneys for Plaintiff DAWNELL R. NELSON, Plaintiff v. HAROLD J. NELSON, III, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-771 CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES AND NOW, comes Plaintiff Dawnell R. Nelson, by and through her counsel, McNees Wallace & Nurick LLC, and files the within Petition for Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses, and in support thereof, avers as follows: 1. The Plaintiff, Dawnell R. Nelson, filed a Complaint in Divorce on February 11, 2009 docketed at the above-captioned number raising the following claims: Divorce and Equitable Distribution. 2. By reason of this divorce action, Plaintiff Dawnell R. Nelson will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs. 3. The Plaintiff Dawnell R. Nelson is without sufficient funds to support herself through appropriate employment and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency, and after the conclusion, of this action. 4. The income of Plaintiff Dawnell R. Nelson is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 5. Defendant Harold J. Nelson, III has sufficient income and/or earnings capacity and assets to provide for Plaintiffs continuing support and to pay her counsel fees, costs and expenses. 6. Petitioner requests your Honorable Court to schedule a hearing at the Cumberland County Domestic Relations Office on Plaintiffs claim for Alimony Pendente Lite. WHEREFORE, Petitioner Dawnell R. Nelson respectfully requests this Honorable Court to award Petitioner reasonable Alimony Pendente Lite, Alimony, and Counsel Fees, Costs, and Expenses. McNEES WALLACE & NURICK LLC ~. B i ra Denison Cantor Attorney ID No. 66378 Lynnore K. Seaton, Esquire Attorney I.D. No. 210241 100 Pine Street P .O. Box 1166 Harrisburg, PA 17108-1166 (717) 237-5297 (phone) (717) 260-1667 (fax) Attorneys for Plaintiff Dated: August 7, 2009 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the ~ day of August, 2009, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Harold J. Nelson, III 1712 N. 3~d Street Harrisburg, PA 17102 ~~ e fifer Keen Woodford, Paralegal G;`1 ,». r- i ,; r Tti ; ~, ~ r'' ~1' z• , J-; 1~J i ~{ .~~ i I L • ,.; U ~ ~;:;i. _ _ ..,'i'+ r #alo.cb Pp p„y ~~ Isac~~l(~ ~~, DAWNELL R. NELSON, . Plaintiff/Petitioner . VS. , HAROLD J. NELSON, III, . Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -DIVORCE NO. 09-771 CIVIL TERM IN DIVORCE PACSES CASE: 372111095 ORDER OF COURT AND NOW to wit, this 4th day of February, 2009, it is hereby Ordered that the Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to an agreement of the parties and the Petitioner withdrawing her request for Alimony Pendente Lite. This Order shall become final twenty (20) after the mailing of the notice of the t entry of the Order to the parties unless either party files a written demand with the Prothonotary's Office for a hearing de novo before the Court. .~ ~' ~ ~ -~ ~° BY THE COURT: -~? . ti ~' i per., ' n i~ ~ w ' i.i ~.~ _. ~ h-- `i LL a t [.1 ~ ~ Albert H. Masland., J. ' `'' N U DRO: R.J. Shadday xc: Petitioner Respondent Debra D. Cantor, Esq. Form 0E-001 Service Type: M Worker: 21005