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Home My WebLink About10-145116 '.' 7 Dawn M. Martin N THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 10-CIVIL TERM Joseph P. Martin Defendant IN DIVORCE a 1 NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims &fo 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. 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 D 1 11 1 Y Dawn M. Martin Plaintiff V. Joseph P. Martin Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 10- J YJ 7 CIVIL TERM : IN DIVORCE COMPLAINT UNDER §3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiff is M(Xk\ ' n , who currently resides at Cumberland County, Pennsylvania. 2. Defendant is N65F c)\N `C 09Zy(x , who currently resides at oo sakem 3A LA `l 5 p ? P"' / 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on 3-un aa, A00a at 5. The marriage is irretrievably broken, and the parties separated on fan ucL??a a 00 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. OR /aa Date Plaintiff, Pro Se I, ?at? m m- , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. o.2 JaoL116 Date: )f w- -J- Plaintiff, Pro Se Assisted by: Jerry Brown, Esq. 4601 S. Clearview Dr. Camp Hill, PA 17011 (717) 737-9174 b Dawn M. Martin Plaintiff : V. Joseph P. Martin : Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 10- 1 Y 5"1 CIVIL TERM IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Dawn M. Martin Plaintiff, to proceed in forma au eris. o co f I, Jerry Brown, attorney for the party proceeding in forma au eris, certify that I believe the party is unable to pay the costs and that I am provi mg fr a legal services to the party. Je Brown, Esquire orney for Plaintiff 01 S. Clearview Dr. amp Hill, PA 17011 (717) 737-9174 'rQ 6 s 3Ih DAWN MICHELLE MARTIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVAN IA V. NO. 2010 -1451 CIVIL TERM JOSEPH PATRICK MARTIN Defendant 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 3301(d)(1 ) of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant's daughter All soon N. Martin signed Acknowledgement of Receipt for Certified Mail, Restricted Delivery, on November 12, 2010, after Defendant provided the address. 3(b)(1). Date of execution of the affidavit required by § 3301(d) of the Divorce Code: November 23, 2010; 3(b)(2). Date of filing and service of the plaintiff's affidavit upon the respondent: November 24, 2010 4. Related claims pending: There are no outstanding clam. 5. Date and manner of service of the notice of intention to file praecipe a copy of which is attached as Plaintiffs Exhibit "1 ": Plaintiff signed a Certificate of Service on December 15, 2010 and stating that the Notice of Intention was mailed to the Defendant, by U.S. First Class Pro Se Assisted by: Abraham Prozesky, Esquire PA ID# 209787 674 Stover Court Hummelstown, PA 17036 FILED-OFFICE THE . '"`'° . ., i011 J! 1 AM 11: I CERTIFICATE OF SERVICE -11MBERUO I C D , PEIS!HSY I~VA,11111A I, Dawn M. Martin, Esquire, Plaintiff in the above captioned matter, certify that on November 10, 2010,1 served a copy of the foregoing Notice to Defend and Claim Rights and Complaint under § 3301(c) or § 3301(d) of the Divorce Code, upon the person(s) ' dicat dd below by United States Certified Mail, restricted delivery, postage prepaid, at? Pennsylvania and addressed as follows: JOSEPH P. MARTIN 28 N. ELMER AVENUE HALIFAX, PA 17032 &Vt' 9 Dawn M. Martin, Plaintiff, Pro Se Assisted by: Abraham Prozesky, Esq PA ID# 209787 674 Stover Court Hummelstown, PA 17036 Ln ...D (Domestic Mail Only; No Ins O ..D PIROMW ? O rq Postage $ C3 Certified Fee O C3 Retum Recelpt Fee C3 (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) M1 rq Total Postage & Few L ?0 ,0(} Here 14.34 ??, i 0 O to rl 3troef, Apt RF ---------------------------------°°---------------------------------- or PO Box No. Cify isa?-YiES+I " .....~............................................................ J Date: 11/12/2010 dawn martin: The following is in response to your 11/12/2010 request for delivery information on your Certified Mail(TM) item number 7010 1670 0000 1026 6065. The delivery record shows that this item was delivered on 11/12/2010 at 11:07 AM in HALIFAX, PA 17032. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: W1J?? i 703 KY Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service DAWN MICHELLE MARTIN Plaintiff V. JOSEPH PATRICK MARTIN Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNT, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2010 - 1451 IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the statements will be admitted (If you do not want to deny any of the statements set forth in this affidavit, then do not file a counter affidavit). PLAINTIFF'S AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on'January 2, 2008 and continued to live separate and apart for a period of two years. 2. . The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of marital property, lawyer's fees, or expenses if I do not claim them before a Divorce is granted. Dc-\wn (44 J ir\- 1, K°--° verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 P.S. Section 4904. Date Plaintiff. Dawn M. Martin Respectfully submitted, i Dawn M. Martin, Pro Se Plaintiff Assisted by Abraham Prozesky, Esquire Attorney for Plaintiff PA ID # 209787 674 Stover Court Hummelstown, PA 17036 Tel: (717) 982-1532 FILED-OEFICE7 JJF PR0T?-1110N0 TAR', Lull jAN 14 AM 11: CERTIFICATE OF SERVICE ,, O , MBERLay • F.0 C;i a n?+s , (} t' i I, Dawn M. Martin, Plaintiff in the above captioned matter, certify that on this November 24, 2010, I served a copy of the foregoing Notice to Defendant: Plaintiff's Affidavit Under §3301(d) of the Divorce Code, upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Lemoyne, Pennsylvania and addressed as follows: JOSEPH PATRICK MARTIN 28 N. ELMER AVENUE HALIFAX, PA 17032 DAWN M. MARTIN, PRO SE PLAINTIFF ASSISTED BY ABRAHAM PROZESKY,ESQ PA ID# 209787 674 STOVER COURT HUMMLESTOWN, PA 17036 DAWN MICHELLE MARTIN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 2010 - 1451 CIVIL TERM JOSEPH PATRICK MARTIN Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECREE TO: J-03ee h pot-fe c k. rn 4r--?,1 (DEFENDANT) 1 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after January 6, 2010, the Plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the coi4rt a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFICE 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 Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-316 W/s f? 9AVZZ-W.'ev? Date Dawn M. Martin, Pro Se Plaintiff Assisted by Abraham Prozesky, Esquire PA ID# 209787 674 Stover Court Hummelstown, PA 17036 DAWN MICHELLE MARTIN IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH PATRICK MARTIN NO. 2010 - 1451 Defendant cu IN DIVORCE ~rn C_ Q)r--- ?. a COUNTER-AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE-C-) cjj^ 1 1. Check either (a) or (b). 71 (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, The divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.S. § 4904, relating to unsworn falsification to authorities. Date Joseph P. Martin, Defendant r CERTIFICATE OF SERVICE I, Dawn M. Martin, Plaintiff in the above captioned matter, certify that on this December 15, 2010, I served a copy of the foregoing Notice to Defendant: Notice of Intent to Request §3301(d) Divorce Decree, upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Lemoyne, Pennsylvania and addressed as follows: JOSEPH PATRICK MARTIN 28 N. ELMER AVENUE HALIFAX, PA 17032 &W? DAWN M. MARTIN, PRO SE PLAINTIFF ASSISTED BY ABRAHAM PROZESKY, ESQ PA ID# 209787 674 STOVER COURT HUMMLESTOWN, PA 17036 DAWN MICHELLE MARTIN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH PATRICK MARTIN : No. 2010 - 1451 DIVORCE DECREE AND NOW, ?CA6Aa ` ?`/ , it is ordered and decreed that DAWN MICHELLE MARTIN plaintiff, and JOSEPH PATRICK MARTIN , defendant, are divorced from the bonds of matrimony. 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, Attest: J. Prothonotary iliglit- Cert. 4cf mailed 4o MdPenn Nomaes + Ccp y rrwis f 46 bLf+