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Home My WebLink About04-3467 LAW OFFICES SNEL8AKER, BRENNEMAN & SPARE II RICHARD O. DAYTON, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NICOLE M. DAYTON, : NO. tlf'3lftJ7 CIVIL ACTION - LA W IN DIVORCE CIVIL TERM Defendant 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. By: ~ Attorneys for Plaintiff LAW OFFICES SNElBAKER. BRENNEMAN & SPARE II " , I RICHARD O. DAYTON, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ; NO. 0'1-:1""'" CIVIL TERM v. NICOLE M. DAYTON, Defendant CIVIL ACTION - LA W IN DIVORCE COMPLAINT Plaintiff Richard O. Dayton, Jr., by his attorneys, Snelbaker, Brenneman & Spare, P. c., hereby submits this Divorce Complaint as follows: COUNT I - DIVORCE 1. Plaintiff Richard O. Dayton, Jr. is an adult individual residing at 1128 Highland Drive, Mechanicsburg, York County, Pennsylvania. 2. Defendant Nicole M. Dayton is an adult individual residing at 530 Bedford Court, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on June 20, 1998 in \1echanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties lereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. LAW OFFICES SNELBAKER. BRENNEMAN 8: SPARE II 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The 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. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Richard O. Dayton, Jr. requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EOUIT ABLE DISTRIBUTION 10. Paragraphs I through 9, inclusive, of this Complaint are incorporated by reference herein. I I. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from June 20, 1998. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Richard O. Dayton, Jr. requests this Court to order equitable distribution of marital property and debts. -2- LAW OFFICES SNEL8AKER. BRENNEMAN a: SPARE II WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintifffrom the bonds of matrimony; (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.e. L~ Date: July 16,2004 By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, P A 17055-0318 (717) 697-8528 Attorneys for P1aintiffRichard O. Dayton, Jr. -3- LAW OFFICES SNELBAKER, BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Complaint 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. ~ ~ h- ~ Richard O. ~~;;:,1; . 7;/80'/ Date: I r '/~ LAW OFFICES SNEL.BAKER, BRENNEMAN & SPARE II RICHARD O. DAYTON, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. CIVIL TERM NICOLE M. DAYTON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VII RICHARD O. DAYTON, JR., duly sworn according to law, deposes and says: I. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: j/s)r/ c ~ ~t _/ Richard . D.z::; (Plaintiff) tJ \ -.... \;J -.... \:J ~ I^, ~~ Ii, V, ~ ~ ~'\ ~ \:~, ~ ~)\ ~ :- ~ ~ !"-~) r", ,...). ~ ~,i ' :~;:~ - ~~~ i., ~,,:- j -., i' (. ~~ t ~ '~ ~ \~ "- V\ w "^' ~ ~ l(,' 'V '..') " ,. " ~. '. ~ ~ \t LAW OFFICES SNELBAKER. BRENNEMAN & SPARE " RICHARD O. DAYTON, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3467 CIVIL TERM NICOLE M. DAYTON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm ofSnelbaker, Brenneman & Spare, P. C., being the attorneys for Richard O. Dayton, Jr., Plaintiff in the above captioned action in divorce; that on July 19,2004 he did send to Defendant Nicole M. Dayton by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 70031010000081309313; that both the Complaint and cover letter were duly received by Nicole M. Dayton, the Defendant herein, as evidenced by the return receipt card for said certified mail dated July 20, 2004; that a copy of the aforementioned cover letter dated July 19, 2004 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic R(:turn Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and LAW OFFICES SNELBAKER. BRENNEMAN & SPARE l' correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this 21st day of July, 2004. L;(.~ Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Matrazi. Notary Public Mechanicsburg Boro. Cumberland County My CommisSion Expires Nov. 24, 2007 Member. Pennsylvania Association Of Notaries '1 , ,fU/l-t/L- Keith O. Brenneman -2- SNELBAKER, BRENNEMAN <'1 SPARE A PROFESSIONAL CORPORAnON ATTORNEYS AT LAW 44 WEST MAIN STREET MECHANICSBURG. PENNSYLVANIA 17055 P. O. BOX 318 FACSIMILE (717) 697-7681 RICHARD C. SNELBAKER KEITH o. BRENNEMAN PHIUP H. SPARE 717-697-8528 July 19, 2004 Nicole M. Dayton 530 Bedford Court Mechanicsburg, P A 17050 Re: Dayton v. Dayton No. 2004-3467, Cumberland County, Pennsylvania Dear Ms. Dayton: Enclosed please find a certified copy of a Divorce Complaint noting that a divorce action has been filed by Richard O. Dayton, Jr. Please be guided accordingly. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Richard O. Dayton (w/enclosure) Via certified mail, return receipt requested, restricted delivery, parcel No. 70031010 0000 8130 9313 EXHIBIT A LAW OFFICES SNELBAKER, BRENNEMAN & SPARE " rn .-'l rn lr' c:J rn .-'l .., Po..... $ c:J c:J c:J c:::::J Retum Reclept Fee (Endorsement RequIred) o Restr\cled Delivery Fee M (Endorsement Required) c:J .-'l Cet1ffiedFee p- H.", 0) 3.5'6 .fs rn 'j ~ ~~~~~M~eourtc~~:""j or PO Box No. CitY.'SiaiS;ziP+rM~;;-i~~~i'~;b~~g;'..pAn"'i7-060" '. . Total Postage & Fees $ PS Form 3800 June 2002 See Reve ..-", EXHIBIT B ::!,-;llli1Jl;~~f~~:g. -~.'." 1 ,.~l'. i../, r:~~ I> -':::0 S~(~ ; -~ c) s; "-> = ~ (~ c.._ r-- [\,} W . , ~" c) -n :-I fii.:;'J , -~ ~~~; ~; ,'('!"\ ~< I-AW OFFICES SNELSAKER 8< BRENNEMAN II I I I I II, RICHARD O. DAYTON, JR., Plaintiff I I I I , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3467 CIVIL TERM NICOLE M. DAYTON, Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT lJJiDER.SECTTON 3301(C) 'JF THE DIVORCE CODE I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 19.2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. 4. 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. 9 4904. relating to unsworn falsification to authorities. Date: March 15, 2005 Richard O. Day to aintiff l-AW OFFICES $NELElAKER & BRENNEMAN l RICHARD O. DAYTON, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3467 CIVIL TERM \JICOLE M. DAYTON, I I I ~ees, or expenses ifl do not claim them before a divorce is granted. I I Defendant CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330!(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal decree of divorce without notice. 2. I understand that I may lose rights concernIng alimony, division of property, lawyer's 3. I understand that I will not be divorced until a divorce decree is entered by the Court nd that a copy of the decree will be sent to me immediately after it is filed with the rothonotary. 4. I verify that the statements made in this affidavit are true and correct. I understand hat false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to nsworn falsification to authorities. March 15, 2005 !i 'i '! :[ I: I' ;( Ii II !f :, I'] ;i IRICHARD O. DAYTON, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. (NICOLE M. DAYTON, NO. 04-3467 CIVIL TERM I Ii :! 1.1 Defendant CIVIL ACTION - LAW IN DIVORCE :', ! :! i I ~ i I DEFENDANT'S AFFJDA VIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE A cOlnplaint :r. divorce under Se~tion 330 j (c) of'iJle Divorce Code WeiS fHc:d on I 'lIulv 19,2004. , " !l I ;! :i 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) ; . ~ i: ,rayS have elapsed from the date of the filing and service of the Complaint. :1 3. I consent to the entry of a final decree of divorce after service of notice of intention to :i ,reqUest entry of the decree. ,I 4. I verify that the statements made in this Affidavit are true and correct. I understand ifhat false statements herein are made subject to the penalties of 18 Pa. C. S. S 4904, relating to 'I !Fsworn falsification to authorities. I I I I)ate: 3/1[J./O~ .Ji~!{IoJJ; ,l\. D Cu-/+Ul\j Nicole M. Dayton, Defendant LAW OFFICES I I I, I' I I II II I I I I SNEL8AKER & BRENNEMAN LAW OFFICES SNELBAKER a BRENNEMAN RICHARD O. DAYTON. JR.. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3467 CIVIL TERM NICOLE M. DAYTON, Defendant CIVIL ACTION - LAW IN DIVORCE DEFENDANTS WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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';, 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 v. ith the Prothonotary. 4. 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] 8 Pa. C.S. S 4904 relating to unsworn falsification to authorities. ;oale .3 II d-.) 0":;; ~~_ nr. "~2.__~~ Nicole M. Dayto~~dant LAW OFFICES SNELBAKER & BRENNl::MAN RICHARD O. DAYTON, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3467 CIVIL TERM NICOLE M. DAYTON, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on July 20, 2004. (See Affidavit of Service filed July 23, 3004.) 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: March 15,2005; by the Defendant: March 12,2005. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: March 15,2005; by the Defendant: March 12,2005. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. Date: March 15, 2005 I~' By: Attorneys for Plaintiff . . . . . . . . . . . T+'t;,++:f++++,+++ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++++++'++++:f.++ . . . . . . . . . . . . . . . . . . . . . . . . . ++++++++++++++++++++++++ None. ++++++++++++++++++++++++++++++++++++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~+++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. RICHARD O. DAYTON, JR., Plaintiff No. 04-3467 CIVIL VERSUS NICOLE M. DAYTON, Defendant DECREE IN DIVORCE AND NOW, ~ZJ- . [T [S ORDERED AND 2005 DECREED THAT RICHARD O. DAYTON, JR. , PLAINTIFF. AND NICOLE M. DAYTON , DEFENDANT, ARE D[VORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOW[NG CLAIMS WHICH HAVE BEEN RAISED OF RECORD [N THIS ACT[ON FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; -" ..' . l "" ~\; ..!''-'..~'1.,r ~; .~, -"...Ir:!.l~~::~:,.~ "/ .,;) .::.1. ~ ~ 'it': ~/.. ~>-};~...::.-:._, -'-~~~ :.., ,,;~ :........ "'::.;~- ~ -~-- /. . , /.-:'-';'/J" / . / ~ Am/!~~ \ /"'/". '. .::-<.....,~ -,~.::;:~~::.::.::.;.- ',- ,I<.. ''!'o \;'-'" ..,....... .- J PROTHONOTARY .. J. .. # ?- ~ ~?L' 50 \Yo ~ fJ" c?' rr" Jlw r'J.50 ," , . " ~~'\ ..: