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Home My WebLink About10-1662FJlLES\Cficros\13778 Ewing\I 3778. I. Divorce Complaint Hubert X. Gilroy, Esquire I.D. 29943 FILEC-!??lC? MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER CIF THE" P,POTIC)NOTARY MARTSON LAW OFFICES ZQIQ MAR -9 °I 2? 2? 10 East High Street Carlisle PA 17013 (717) 243-3341 Attorneys for Plaintiff ANN M. EWING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2010- Upa Civii-rro^ CIVIL ACTION - LAW DAMON L. EWING Defendant 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 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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. 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 Bar Association 435a„ 00 P .D ATrY 32 South Bedford Street 0,0 ou6L(oa Carlisle, Pennsylvania 17013 d38??5 Telephone (717) 249-3166 0 ANN M. EWING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. N0.2010- 10 G ? c ,vim 1 CIVIL ACTION - LAW DAMON L. EWING, Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Ann M. Ewing who currently resides in Cumberland County, Pennsylvania and desires to not disclose her current residence to the Defendant. Plaintiff currently has a Protection From Abuse Order issued against the Defendant in Maryland. 2. Defendant is Damon L. Ewing who currently resides at 5512 Glen Avenue, Lanham, Maryland 20706. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania and Cumberland County for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on September 29, 2006, in Prince George County, Maryland. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Service Member's Civil Relief Act. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. 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. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. When at the appropriate time, Plaintiff will file an affidavit stating that two years have expired from the date of separation. COUNT II - INDIGNITIES 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. 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. 13. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (a)(6) of the Divorce Code. MARTSON LAW OFFICES By Hubert X. G roy, Esquir 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: March 8 , 2010 VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Divorce Complaint and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this Verification. This statement and Verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 01 Ann M. Ewing p', FILESTlients`,13778 Ewing\13378. I Divorce Complaini F:\FILES\Ctimts\13778 EwingU3778,LAffDef Hubert X. Gilroy, Esquire I.D. 29943 ~iLF~+-t;~ ~~~~=_ MARTSON DEARDORFF WILLIAMS OTTO GILRO~`~~c~.~,r 4 `1 MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ANN M. EWING, Plaintiff v. DAMON L. EWING, Defendant ?3i0 01-3 Phi 3~ ~' I ~:~J~S~B~~tl.,~~~ C=~~1~~'~:r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010-1662 CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 9, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities. Date: ~ ~ ~ l~ 1 ~ / Damon L. Ecving, Defendant F'\FILES\Clients\13778 EwingU3778.1.AHPlaint Hubert X. Gilroy, Esquire LD. 29943 ~ ~~ ~.,.. - ., ~ ~.,. ILLIAMS OTTO GILROY & FALLER '~` ~'1~~ ~-~ ~, ~ ` ~ O MARTSON LAW OF FI CES 10 E t Hi h St t , ~ , F ,~ ~`~ *,~ ,P j ~~~~ ~}r as g ree -~ P~~ ~' ~ ~ Carlisle PA 17013 '~1~~~9~~ ~~~ ~ (717) 243-3341 Goa ~~ ~~2~~~+ Y ~~f a ~~,. ~ ,, Attorneys for Plaintiff " ij d ~ . , ANN M. EWING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . v. : NO. 2010-1662 CIVIL ACTION -LAW DAMON L. EWING, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on March 9, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities. Date: Ann M. Ewing, Pla' F:\FILES\Clients\ 13778 EwingV 3778. L W aiverPlaint Hubert X. Gilroy, Esquire I.D. 29943 ~ ~~~ ~~ ~~,~ ~~~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FAL~~I~~ ~_ ~~ ~ ~ a ~"`~~t'E;i r_~ , r MARTSON LAW OFFICES 10 East High Street ~f?PO ~~s -~ ~~ ~; ~~ Carlisle, PA 17013 ~'1l~B~i~~ ~~1J (717) 243-3341 I~ ~,~~~1'y :.El,^ ~~~~ T 'f Attorneys for Plaintiff ANN M. EWING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-1662 CIVIL ACTION -LAW DAMON L. EWING, Defendant 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(cl AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver 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 to authorities. Date: 1 \ 1~ 1 \C~ wing, Plain F:\FILES\Clients\13778 Ewing\13778.1.WaiverDef Hubert X. Gilroy, Esquire I.D. 29943 ~ ~~..C~ ~1 ~ ,~ MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALL' ~ ''" ~' 3_t~ir ~ ~ ~~, ^'~° MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff ~iE~~ ~~O~f -3 P~~ 3: ~'i3~~9~~,~i~.'~E~ , ;;..~r. :~ ~, i€, ~ ~ ea9; ANN M. EWING, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2010-1662 CIVIL ACTION -LAW DAMON L. EWING, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301~c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this waiver 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 to authorities. jj~~ v ,/ ~% Date: ~U ` V ` v amon L. Ewing, Defendant r i F:\FILES\Clients\13778 Ewing\13778.I.Prae Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff @ ~ I , ~~• i.n t~E' ei1, ,'?'~1~4fIL$t,1~S~a~7r ~~~„f~l~Yj i1,~'zlia~~. ANN M. EWING, Plaintiff v. DAMON L. EWING, Defendant To the Prothonotary: _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2010-1662 CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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(c) or 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Apri129, 2010 via U.S. First Class Mail Return Receipt Requested. 3. (Complete either paragraph (a) or (b):) (a) Date of execution of the Plaintiff s affidavit of consent required by Section 3301 (c) of the Divorce Code; November 2, 2010; by the Defendant; October 18, 2010. (b)(i) Date of execution of the Plaintiff's affidavit required by § 3301(d) of the Divorce code: (b)(ii) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: NONE. L .., Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: (Complete either (a) or (b).) (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 3, 2010. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: November 3, 2010. MARTSON LAW OFFICES By Hubert X. Gilroy, E uire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff Date: ~~~ 3 IN THE COURT OF COMMON PLEAS OF ANN M. EWING CUMBERLAND COUNTY, PENNSYLVANIA V. DAMON L. EWING : NO. 2010-1662 DIVORCE DECREE AND NOW, Lo v , t. S 2 a ! o , it is ordered and decreed that ANN M. EWING plaintiff, and DAMON L. EWING , 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. Prothonotary it. aa'lo em ji -aa