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Home My WebLink About04-43820 Kathleen M. Allen, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -'PENNSYLVANIA . No. U ~~ ~ p ~ Liu" `~C~ Civil Action -Law vs. Tommy R. Allen, Sr. 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 in divorce or annulment may be 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 the custody or visitation rights 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, Carlisle, Pennsylvania. If YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR IXPENSES 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 2 Liborty Avenue 3~ s. ~4~9 S'~rc~ +~ Carlisle, PA 17013 (717)-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA Kathleen M. Allen, ; f~N,l~/38~ Plaintiff Civil Action -Law vs. Tommy R. Allen, Sr. Defendant In Divorce COMPLAINT UNDER SECTION 3301 OF THE DNORCE CODE 1. Plaintiff is Kathleen M. Allen who currently resides at 180 CME, Newville, Cumberland County, Pennsylvania, since August 21, 2004. 2. Defendant is Tommy R. Allen Sr. who currently resides at 315 Arbys Road, Harrisburg, Dauphin County, Pennsylvania, since August 15, 2004. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on March 18, 1981 at Hagerstown, Washington County, Maryland. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 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. 8. Plaintiff requests the Court to enter a decree of divorce. Wherefore Plaintiff requests that she be granted a divorce from the bonds of matrimony. Respectfully submitted. H. Anthony Adams, Esquire Attorney for Plaintiff 49 West Orange Street Shippensburg, PA 17257 (717)-532-3270 Supreme Court ID 25502 I verify that the statements made in this 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. Date: ~~~5 ~y `~ `~ ~ - ''`l-Q-~'vl. Ka M. Allen -~jr'~- \_ \ 4 -~. (.)~ ~, N ~ ~ ~~ ca 1' .,, 17aA_J G`: ca C] !~ _i ~ ~ on C ' ~ ~~ "car c ~, (_^. W C T T (Il ~(1 T .~~ t :~ ~ ? Cj i t~ l r~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA Kathleen M. Allen, Plaintiff vs. Tommy R. Alien, Sr. Defendant No. 04-4382 Civil Action -Law In Divorce AFFIDAVIT OF SERVICE H. Anthony Adams, Esquire being duly sworn according to law deposes and states that a complaint in divorce was mailed to Tommy R. Allen, Sr,, of 315 Arbys Road, Harrisburg, Pennsylvania, 17109, certified mail, return receipt requested on September 1, 2004 and was accepted on delivery by Tommy R. AI4en on September 2, 2004. ~ ~ --~ ~~ : ~ ~~, ~ ~N. Anthony Adams, Esquire ~ ~ Attorney for Plaintiff ,„,,,; . ,; ~ 49 W. Orange Street, Suite 3 `'c y ~ a Shippensburg, PA 17257 .~,~ ~ (717)-532-3270 ., ~ a CT .~ a r; D ,_. ~ ~,~~ ;~ ~ " ~ .,~.~c ~ ~ ~~ ~~ ~=:: ~~QQ~~rn to ands bscribed this ~~day ofSf~l~Na~~, 2004. ~~ ~,~ l~l,~tn~n ~ ~ Notary Public My Commission Expires: ) ~ ~'-0S CUMMONWEALTH OF PENN9VLVANIA NOTAR{AL SEAL DEBORAH WARREN, Notary PubAc StriPPensburg Twp., Cumberland County h+-Y Commission Expires Noy, g, pp06 T ~,,. -- ~ -~a .. ~. 'i ~n _~ `, a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kathleen M. Allen : No. 04- 4382 Civil Plaintiff Civil Action -Law vs. Tommy R. Allen, Sr. : In Divorce Defendant NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on August 31, 2004 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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: 1I-1 ~-- ~y ~- J -:..~.e,-~~`~'Yl - ~_Q ~ athleen M. Allen, Plaintiff r..> ~~ :~ ._.~ = -,~, , , .~ ~ cr, ;:; . I" ' d~ l` ' 1 ~ _ Y~v ? {, ` 'i.1 .. r-r ~~ -[ J ~ y ~~y . ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kathleen M. Allen : No. 04- 4382 Civil Plaintiff Civil Action -Law vs. In Divorce Tommy R. Allen, Sr. Defendant AFFIDAVIT OF NON MILITARY SERVICE I, Kathleen M. Allen, being duly sworn according to law depose and state that Tommy R. Allen, Sr., is not a member of any United States Military Service or in the military service of any country nor has she ever been a member of any United States Military Service or the military service of any country. ~~v~~ • ~.,~ ~ 0,~. Kathleen M. Allen Sworn to and subscribed Thi ~a~--day of November, 2004. ~, ~~'~O Notary Public My Commission Expires: H. Anthony~Adams, Notary Public Shippensburg Boro, Cumberland County My Commission Expires May 15, 2006 Memher, ayr;n,,v;u~f;~a Ascec;a±inn etNotaries {"1 h~J ~ • _ ~~ 7 l'"'j ..t._~ _.C~ f 7`; CJ 3 '^^ - _ : t.,.t {1'y y i ~- f - ....,. '1-~..~ ~ {~ .1 •• A• -~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION -LAW '~ca~{-h IC-~~ ~'1 ~ ~l 1 C r1 Plaintiff FILE NO.(~~ ~~'~> VS. IN DNORCE I bmn~u i2. ~I l F rv Defendant NOTICE TO RESUME PRIOR SURNAME 20_ Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the o~I ~` ~ day of ~ F~Fn t OJ(=IZ , hereby elects to resume the prior surname of ~ ~ s ~ ~ 2 and gives this written notice pursuant to the provisions of 54 P.S. 704. COMMONWEALTH OF PENNSYLVANIA Signature ~_~~~ j Y~ r /A/~l P.c S afore of name being resum SS. COUNTY OF CUMBERLAND On the ~ j `i ~ day of ~~i~f''I U ~~.i' ~ ~- 20 ~ 5 ,before me, a Notary Public, personally appeared the above affiant lrno n to me to be the person whose name is subscribed to the within document and aclarowledged that he(she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. NOTARIAL SEAL ~ ~ ~ ~y ;-ltit,~.,f ~l JOOY S. SMITH, NOTARY PUBLIC ~ f Notary Public Carlisle Boro, Cumberland County My Commission Expires April k, 2^DS -~ -.~ ~~ C C ~~ `:~ : ~G'. ~ -(ty-y~--~ ^~ \ ^~ ~, r ~~,~- { ~ e k ~- `~ `-• I c,~- ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kathleen M. Allen : No. 04-4382 Civil Plaintiff Civil Action -Law vs. In Divorce Tommy R. Allen, Sr. Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE T0: TOMMY R. ALLEN, SR., DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint orfile acounter-affidavit to the Section 3301(d) affidavit, Therefore, on or after December 3, 2004, the other parry can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court to answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. Acounter-affidavit which you may file with the Prothonotary of the Court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant a divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit along does not protect your economic claims. 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 South Bedford Street Carlisle, PA 17013 (717)-249-3166 .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kathleen M. Allen : No. 04-4382 Civil Plaintiff Civil Action -Law vs. In Divorce Tommy R. Allen, Sr. Defendant COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): a. I do not oppose the entry of a divorce decree. b. I do 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 relief 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 delay. 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: Tommy R. Allen, Sr., Defendant NOTICE: IF YOU DO NOT OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECOMONIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY -PENNSYLVANIA Kathleen M. Allen, : No. 04-4382 Plaintiff vs. Civil Action -Law In Divorce Tommy R. Allen, Sr. Defendant 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) of the Divorce Code. 2. Date and manner of service of the complaint: September 1, 2004 by certified mail accepted by Tommy R. Allen, Sr, on September 2, 2004. 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: November 12, 2004; Date of filing and service of Plaintiff's affidavit upon the respondent: November 12,2004. 4. Relating claims pending: None 5. Date and manner of service of the notice of intention to file praecipe a copy of which is attached: November 12, 2004. Respectfully submitted, ~~_. ~ -~. ~~ ._.__~ H. Anthony Adams, Esquire Attorney for Plaintiff 49 West Orange Street Shippensburg, PA 17257 (717)-532-3270 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ,.~~f~,~ Kathleen M. Allen N O. 04-4382 VERSUS Tommv R. Allen Sr. DEGREE IN DIVORCE Civil AND NOW , ~~JJ',,~_,~il/~./~ ~ 'rL/r' \ , I T I S ORDERED A N D DECREED THAT Kathleen M. Allen AND Tommy R. Allen, Sr. ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISOfCTION OF THE FO LLOWfNG CLAfMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY THE COURT: f'~.,~ ~' /';~ 5 J.p' .. I~ /~ F w ATTEST: ~ J. PROTHONOTARY f J i~`rs~ S~o f ~ i ~~~~~~ ,~~,~