HomeMy WebLinkAbout10-0385IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
Richard Alan Dawber
Plaintiff Pro Se,
vs.
Priscilla Key Dawber
Defendant Pro Se.
PENNSYLVANIA
CIVIL ACTION-LAW
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NOTICE TO DEFEND AND CLAIM RIGHTS
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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 Cumberland County Courthouse, S. Hanover St., 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION
ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY LAWYERS REFERRAL SERVICE
Telephone:
#3!S;9. pp PD PLFF
CASH
Per* aawpma
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to
Notice to Defend and Claim Rights Page 1 of 2
disabled individuals having business before the Court, please contact the Court Administrator at (717) 240-6195.
All arrangements must bemade at least 72 hours prior to any hearing or business before the Court.
Notice to Defend and Claim Rights Page 2 of 2
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
Richard Alan Dawber
717 Market Street
Lemoyne, PA 17043
Plaintiff Pro Se,
vs. NO. 1D - 3?? CN l-??,4
Priscilla Key Dawber
174 Fenno Street
Revere, MA 02151
Defendant Pro Se.
COMPLAINT IN DIVORCE
Plaintiff, Richard Alan Dawber, pro se, respectfully represents:
1. Plaintiff, Richard Alan Dawber, currently resides at 717 Market Street, Lemoyne, PA 17043.
2. Defendant, Priscilla Key Dawber, currently resides at 174 Fenno Street, Revere, MA 02151.
3. Plaintiff and Defendant are sui juris, and Plaintiff has been resident(s) of the Commonwealth
of Pennsylvania for a period of more than six (6) months immediately preceding the filing of
this Complaint.
4. The parties were married on 08/22/1981, in Malden, MA.
5. The parties were separated on 07/25/1984.
6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its
allies within the provisions of the Service Members' Civil Relief Act of 2003.
7. The parties have no minor or legally dependent children.
8. There have been no prior actions of divorce or for annulment between the parties.
9. The parties have entered into a written agreement as to equitable distribution of marital
property, alimony, alimony pendent lite, fees and costs.
10. Plaintiff has been advised of the availability of counseling between the parties and Plaintiff
acknowledges the right to request that the court require the parties to participate in such
counseling in certain instances.
Complaint in Divorce
Page 1 of 2
11. Plaintiff alleges the following grounds for the dissolution of marriage: The marriage is
irretrievably broken and Plaintiff believes Defendant will consent to the divorce.
uant to
WHEREFORE, Plaintiff requests this Honorable CoZt a 4in 2roSe
Section 3301(c) of the Divorce Code.
DaVERIFICATION
Plaintiff verifies that the statements made in this
Plaintiff understands that false statements herein
Section 4904, relating to unsworn falsification tc
Alan
Date:
vorce are true and correct.
t to the penaltie&e?a. C.S.
Complaint in Divorce Page 2 of 2
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2.ERTIFICATE OF MARRIAGE
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FROM THE RECORDS OF MARRIAGE IN THE CITY OF
MALDEN, MASSACHUSETTS, U.S.A.
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COMMONWEALTH OF MASSACHUSETTS
MIAIA UNITED STATES OF AMERICA
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1 Place of Marriage
City or Town
(Do not enter name
3 FULL NAME
C'Ike (9nlmmnnwrld O of Masssr4usetts
DEPARTMENT OF PUBLIC HEALTH
REGISTRY OF VITAL RECORDS AND STATISTICS
CERTIFICATE OF MARRIAGE
This certificate must be delivered to the person before whom th
marriage is to be contracted before he proceeds to solemnize the s
1.a.1den .. ............................... 2 Date of Marriage . Au. 22..
lane or sectioiS of city or town)
(Month)g (Da;)
GROOM 12 FULL NAME
A. Dawber r,__ _ _ . ,
........................................
(State number file)
Malden i?la
City or town making return)
e
ame Registered No........
..1
3A SURNAME
AFTER MARRIAGE Richard
4 AGE 5 OCCUPATION
20 Mainten
BRIDE
a J e,
Dawber 12A SURNAME
AFTER MARRIAGE Priscilla Dawber
13 ACE 14 OCCUPATION
ance 17 maintenance
6 RESIDENCE No... .5..2......M.cd,111
ia
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......
.
.. ....................... STREET
Me1rOSe 15 RESIDENCE NO...............
CITY OR TOWN .... ..........
STATE ...._Ma........ CITY OR TOWN
7 NUMBER OF
MARRIAGE
1S
8 WIDOWED -DIVORCED ..................
16
F
(1st, 2nd, 3rd, etc.) MARR AGE
1 S
11 nrnTrrnr •nr.. (1st, 2nd, 3rd, etc.)
............. ............ ............._ B_9ston Ma
. . .
..., ..........................
(city or....town)
(State or country)
10 NAME OF
FATHER aeorge Hunt
11 MAIDEN NAME
OF MOTHER Barbara A. Dawber
21
..u.ai...t__L.tr..L.L ................ STREET
?-lden..,........... STATE ....... Ma
17 WIDOWED
OR DIVORCED
i y or town ( State or coup
19 NAME F
FATHER Robert W. Jewell
20 MAIDEN NAME
OF MOTHER
THE INTENTION OF MARRIAGE by the above-named persons was duly entered by me in the records of the
of ..................... Malden................................... according to law, this ...... .............. ........13thf ? _ e
(Name o city? ppr tppw?v ) ••• day AuQ
SIM
Certificate issued .......1U. l.£.. 197.1 .................... j"
( ouch) ..... *....... by?75.57........ r?..... J?
1Gt
r( Day) (Year) r40- ^..h.J..._._-.
or
W 22 1 HEREBY CERTIFY that I joined the above-named persons in marriage at No.....
uu (If marriage was solemnized in a church, give its NAME instead of street and number)
.......... I............A:r<a. on. . p
(N a of city • wn) ...................
................... on Au8.................... ........ _...........22-9 ... 19q.1
..... ...(Year)...............
Di ay..........peBCe..
Signature ............................. !......1•A.... Official (Month)
............... ... ...
station Monthustice 0
u ................................._..............................................
................
k:Aa?a,• - dRbQ (Minister of the Gospel, Clergyman, Priest, Rabbi .,.......or. Justice of the Peace)
90 ................
(Print or type name)
34 Concord •??
Residence No ..........................................................».
............................................................... St., City or Town of ....Mald .CJ 1!
23 Certificate received by city or town clerk ..................... ....ept....1. 19B.2 'Y..••.•. .
( Month) (D y.?....
(ear) }/...? .......
iren Anderson, depose and say that I hold the office of City Clerk of the City of Malden, County of
llesex, and Commonwealth of Massachusetts; that the records of Births, Marriages and Deaths in said
are in my custody, and that the above is a true extract from the records of Marriage in said City as
Wed by me. Witness my hand and Seal of said City, on the 30"' day of November 2009
CITY CLERK
1.9 a.l..... Intention No...255 ..........................
Ruth B. Goodwin
FORM R-101 11
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
Richard Alan Dawber
Plaintiff, Pro Se, p `
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NO rn
vs. . -Tj
Priscilla Key Dawber _
IN DIVORCE
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Defendant, Pro Se. '5-
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MOTION FOR ENTRY OF DEFAULT IN section 3301 (c) DIVORCE ACTION & REQUEST
FOR ENTRY OF JUDGMENT FOR section 3301 (d) DIVORCE or, in the alternative, TO
PERMIT PLAINTIFF TO CONVERT THIS ACTION to a 3301 (d) DIVORCE ACTION AND
TO WAIVE ANY REQUIREMENTS FOR ADDITIONAL FORMAL SERVICE ON
DEFENDANT OF THE AFFIDAVIT OF IRRETRIEVABLE BREAKDOWN pursuant to
section 3301 (d) AND ANY OTHER FILINGS IN THIS MATTER BECAUSE THE
DEFENDANT HAS FAILED TO RESPOND AND CANNOT OTHERWISE BE LOCATED.
Now here comes the Plaintiff, Richard A. Dawber ("Plaintiff') to request that this honorable court
enter a Judgment for Divorce in the above referenced matter against the Defendant Priscilla Key
Dawber ("Defendant"), or, in the alternative, request that the Court convert this Divorce action to a
Request for an Irreconcilable Differences divorce pursuant to PA Domestic Relations Code section
3301 (d) (a "one-party" request for an Irreconcilable Differences Divorce) and further requests that this
Court grant a waiver of further formal service of an Affidavit of Irretrievable Breakdown pursuant to
section 3301 (d), based upon the grounds that the Defendant has accepted Service of Process of the
Plaintiffs earlier request, affidavits and filings for an Irreconcilable Differences Divorce pursuant to
PA Domestic Relations Code section 3301 (c), and in support of same sets forth herein the procedural
steps followed and the factual grounds of the state of the marriage leading to the current marital
situation between the parties:
A. SERVICE OF PROCESS WAS MADE AND ACCEPTED BY DEFENDANT
1. On or about January 15, 2010, Plaintiff prepared appropriate forms and affidavits for the parties to
consent to a "no-fault" irreconcilable differences divorce pursuant to the PA Domestic Relations
Paget of 4
Code section 3301 (c) and sent those forms to Defendant via Certified Express Mail at her
Massachusetts address, 174 Fenno Street, Revere, Massachusetts.
2. Defendant accepted Service of Process, and Plaintiff's Affidavit of Service is filed together with
this Motion.
3. Plaintiff waited the appropriate sixty (60) days from the date of filing of the Complaint in this
action before filing this Motion because the Defendant is located outside of Pennsylvania with a
last known address of 174 Fenno Street, Revere, Massachusetts.
4. As of March 15, 2010, Plaintiff has received no response or communication from the Defendant
regarding whether or not she intends to enter an appearance in this matter.
5. Because the appropriate statutory time period has passed, Plaintiff requests that this Court enter a
Default Decree in this matter and respectfully requests this Court to enter a Decree that the
Plaintiff and Defendant are divorced pursuant to the laws of the Commonwealth of Pennsylvania.
B. REQUEST FOR WAIVER OR ALTERNATIVE SERVICE OF AFFIDAVIT OF
IRRETRIEVABLE BREAKDOWN PURSUANT TO 23 Pa.C.S.A. section 3301(d) of the
Divorce Code AND OF ANY OTHER FILINGS / PAPERS RELATED TO
THIS DIVORCE PROCEEDING.
6. Affidavit of Irretrievable Breakdown and certification that Defendant is not in the U.S. Military is
filed together with this Motion.
7. Plaintiff has properly served the Defendant with appropriate notification and forms to respond to
this action and has since received information that Defendant has moved from the 174 Fenno
Street, Revere, MA address and Plaintiff has no knowledge of the Defendant's current address.
8. Plaintiff therefore requests that this Court waive service of process of the Affidavit of
Irretrievable Breakdown pursuant to Rule 1920.4 (c) and proceed to an Entry of Divorce in this
Page 2 of 4
matter pursuant to 23 Pa.C.S.A. section 3301 (d) of the Divorce Code on the grounds that the
parties have lived separate and apart for more than two (2) years and the marriage is irretrievably
broken.
9. In the alternative, Plaintiff requests that this Court permit further service of the Affidavit of
Irretrievable Breakdown and any other filings/papers in this matter via regular United States Mail
to the Defendant's last known address of 174 Fenno Street, Revere, Massachusetts.
C. FACTS OF CURRENT STATE OF THE MARRIAGE
10. Plaintiff resides at 717 Market Street, LeMoyne, Pennsylvania and has resided in Pennsylvania
continuously for the past five (5) years.
11. Defendant most recently resided at 174 Fenno Street, Revere, Massachusetts and accepted Service
via Certified Mail at that address on January 22, 2010.
12. Plaintiff and Defendant were married August 22, 1981 in Malden, Massachusetts and separated
July 16, 1984, when Plaintiff left the marital home and resided in Quincy, Massachusetts.
13. One daughter, Nicole A Dawber, was born of the marriage on October 8, 1982.
14. Plaintiff made court ordered child support payments until November 2000, when Plaintiff was
released from the obligation due to daughter turning 18. There are no remaining outstanding
child support obligations due to the Defendant, the Commonwealth of Massachusetts or any other
party.
15. There is no real or personal property or any other assets to be split between the parties.
16. The parties have been separated for more than twenty-five (25) years.
Page 3 of 4
17. In addition, the Parties have not spoken to one another in person, via telephone, electronically or
in any other manner in more than nineteen (19) years.
18. Plaintiff has been kept informed of Defendant's various addresses in Massachusetts over the years
through contact with his daughter.
19. Plaintiff has attempted to gain Defendant's cooperation in the filing of a consent divorce in
Massachusetts on at least two prior occasions. In both instances, Defendant accepted the
paperwork from Plaintiff and failed to return necessary documents to permit Plaintiff s filings for
a consent divorce pursuant to Massachusetts laws.
20. Plaintiff asserts that the marriage is and has been Irretrievably Broken for more than 25 years due
to the parties lengthy separation and requests that the Court grant a Judgment of Divorce.
Therefore, because the Defendant was properly served with this divorce action and the
appropriate period of time has passed without response from the Defendant, Plaintiff first asks that
the Court waive further service of an AFFIDAVIT OF IRRETRIEVABLE BREAKDOWN upon the
Defendant and enter a Judgment for Divorce pursuant to PA Domestic Code section 3301 (d), or, if
the Court requires that service of Affidavit be made, Plaintiff requests that service be permitted via
United States regular mail to the last known address of the Defendant, 174 Fenno Street, Revere,
Massachusetts.
Dated: 3 r/ - 01)0/0
ichard Alan awber, Plaintiff, Pro
717 Market Street, LeMoyne, PA 17043
Telephone: 717-818-5385
Page 4 of 4
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
Richard Alan Dawber
Plaintiff Pro Se,
Vs.
Priscilla Key Dawber
Defendant Pro Se.
IN DIVORCE??
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AFFIDAVIT OF IRRETRIEVABLE BREAKDOWN PURSUANT TO
23 Pa.C.S.A. section 3301 (d) of the PA DIVORCE CODE
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1. The parties to this action separated on July 16, 1984 and have continued to live separate and
apart for a period of at least two (2) years.
2. The marriage is irretrievably broken.
3. There are no children of the parties under the age of 18.
4. There are no assets of the marriage, either real or personal.
5. Defendant is not a member of the armed services of the United States and so the protections
afforded under the Service members Civil Relief Act are not applicable in this case.
6. I understand that I may lose rights concerning alimony, property division, lawyer's fees and
expenses if I do not claim them before a divorce is granted.
WHEREFOR, Plaintiff avers that as of this fifteenth day of March, 2010, the marriage between
the parties is irretrievably broken within the meaning of 23 Pa.C.S.A. section 3301 (d) of the Divorce
Code, and the parties have lived separate and apa or a peri of at leas o (2) yea s at this time.
Richard Alan Dawber
717 Market Street
c o
NO.
LeMoyne, PA 17043
Telephone: "Z/ 2 --
Page 1 of 2
VERIFICATION
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. section 4904 re to unsworn
falsification to authorities. ?----?
Date: -??lo v
R' hard Alan Dawber, Plaintiff, Pro
717 Market Street
Lemoyne, PA 17043
Page 2 of 2
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
Richard Alan Dawber
Plaintiff Pro Se, : n
VS.
NO. -?
Priscilla Key Dawber IN DIVORCE ` "
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Defendant Pro Se.
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AFFIDAVIT OF SERVICE OF COMPLAINT
AND NOW, on this fifteenth day of March, 2010, the undersigned Plaintiff, hereby certifies that
the Complaint in Divorce was mailed to the Defendant via Certified Mail, Restricted Delivery and same
was received on January 22, 2010, a copy of which acceptance of service is attached hereto as Exhibit
"A" and made a part hereof.
VERIFICATION
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. section 4904 relating to unsworn
falsification to authorities.
(2ee? -
hard Alan Dawber, Plaintiff, Pro Se
717 Market Street
Lemoyne, PA 17043
Page I of 1
replete items 1, 2, and 3. Also complete A. Z6n-RV
14 if Restricted Delivery is desired.
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your name and address on the reverse i ? Addressee
hat we can return the card to you.
ac;h this card to the back of the mailpiece, B. Received by (Printed Name) C. a of Delivery
in the front if space permits.
a Addressed to: D. Is delivery address different from Item 1? 13 Yes
If YES, enter delivery ;address bel9r. ? No
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Return Receipt fo r Merchandise
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4. Restricted Delivery? (Extra Fee) ? Yes
2. Article Number
(Transfer from service label
PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540
UNITED STATES POSTAL SERVICE First-Class Mail
Posta
111111 ge & Fees Paid
LISPS
Permit No. G-10
• Sender: Please print your name, address, and ZIP+4 in this box •
DOCUMENT 4
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AFFIDAVIT OF SERVICE OF COMPLAINT ~
AND NOW, as of the 9'th day of August, 2010, the undersigned Plaintiff, hereby certifies
that the AMENDED COMPLAINT IN DIVORCE was mailed to the Defendant via Certified
Mail and was received on June' S 2010, a copy of which is attached hereto as Exhibit "A" and
made part hereof.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION-LAW
Richard Alan Dawber ;
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Plaintiff Pro Se, .
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Priscilla Key Dawber IN DIVORCE ~
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Defendant Pro Se. ~ '--,
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VERIFICATION
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. section 4904 relating to
unsworn falsification to authorities. ~---~
Date: 08/10/2010
717 Market Street
Lemoyne, PA 17043
^ 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,
or on the front if space permits.
' 1. Article Addressed to:
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~ Return Receipt for Merchandfa
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2. Artlde Number °'~'~"^
(Yn3nsferfon,s~ 7d1D X294 aaa}~~r~48 7289
~S Form 3811, February 2004 Domestic Return Receipt ~ozsesoz.~-~s~
is i~fls 1, and 8 Also corriptefie: ~. ' ~ ~_.,
herrt 4 N 1~lgbed Is , ., ^
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so that wee can
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back of the mailpiece, B. Recenrod by (Printed nJ~ne) c. Date of Delivery
or on ihs trortt M permits.
7. Alrtlda Addressed to: D. b delivery address dtflerent from item 1?
K YES, enter delhrery address below: ^ No
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701D D29.0 Qdt1 .~. ~~i~289
PS Form 3811, 2004 Domestic'RehanlwOdpt ,et~sa~.~-,a,o
Richard A Dawber
V.
Priscilla K Dawber
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
No. 10-385
DIVORCE DECREE
AND NOW, ~ L~ ~ `( ZOI o , it is ordered and decreed that
Richard A Dawber plaintiff, and
Priscilla K Dawber
bonds of matrimony.
defendant, are divorced from the
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
None
By the Court,
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