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HomeMy WebLinkAbout04-4920IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Lee Glenn Johnson Plaintiff VS. Doris Jean Johnson Defendant : Civil Action - Law : No. F.R. 2004- : In Divorce a.v.m. 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. A list of marriage counselors is available in the Office of the Prothonotary on the first floor of the Cumberland County Court House, Hanover and High Streets, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVI- SION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE ORANNULMENT 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 CAN- NOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. PENNSYLVANIA BAR ASSOCIATION LAWYER REFERRAL SERVICE P.O. Box 186 Harrisburg, Pennsylvania 17108 TELEPHONE: [800] 692-7375 [PA only] or [717] 238-6715 AMERICAN WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of the Cumberland County Branch, is required by law to comply with the Americans with Disabilities Act of 1990. for information about accessible facilities and reasonable accommoda- tions available to disabled individuals having business before the court, please contact our office. All arrange- ments must be made at least seventy-two [72] hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Lee Glenn Johnson Plaintiff VS. Doris Jean Johnson Defendant : Civil Action - Law : In Divorce a.v.m. COMPLAINT UNDER § 3301[d] OF THE DIVORCE CODE 1. Plaintiff is Lee Glenn Johnson who currently resides at 17577 Spring Run Road, Spdng Run Franklin County, Pennsylvania, since July 1983. 2. Defendant is Doris Jean Johnson who currently resides at 127 Cherry Grove Road, Shippensburg, Cumberland County, Pennsylvania, since November 1976. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on February 4, 1963 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. The plaintiff has been advised of the availability of counseling and the plaintiff has the right to request that the court require the parties hereto to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA DISTRICT Lee Glenn Johnson Plaintiff : Civil Action - Law vs. No. F.R. 2004- Dods Jean Johnson Defendant : In Divome a.v.m. NOTICE 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 wilJ be admitted. AFFIDAVIT UNDER §330'1(D) OF THE DIVORCE CODE 1. The parties to this action separated on February 24, 1963 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, lawyers fees or expenses if I do not claim them before a divorce is granted. VERIFICATION I vedfy 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: September 29, 2004 lenn Johnson.,,/ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Lee Glenn Johnson Plaintiff VS. Dods Jean Johnson Defendant Civil Action - Law No. F.R. 2004- In Divorce a.v.m. AFFIDAVIT OF NON-MILITARY SERVICE United States of America or elsewhere. I HEREBY CERTIFY that Doris Jean Johnson is not in the military service of the 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. §4904, relating to unswom falsification to authorities. Date: September 29, 2004 ' L~e Glenn Johr'~l' DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY' 1, 2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF THE VITAL STATISTICS FORM PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DOCKET NUMBER: DATE OF MARRIAGE: IN THE COURT OF cOMMON PLEAS OF CU~dBERLAND cOUNTY PENNSYLVANIA Lee Glenn Johnson Plaintiff VS. Doris Jean Johnson Defendant Civil Action - Law No. 04-4920 Civil Term : In Divorce a.v.m. CERTIFICATE OF SERVICE I hereby certify that, on the 2nd day of October, 2004, I served the divorce complaint filed in this action upon the person named therein as Defendant by U.S. Mail, postage prepaid, at Spring Run, pennsylvania, return receipt with restricted delivery, which service satisfies the requirements of Pa.R.C.P. 403, as ailowed by Pa.R.C.P. 412: Doris Jean Johnson 127 Cherry Grove Road Shippensburg, PA 17257 The receipt for said complaint is attached hereto. Date: October 5, 2004 P.O. Box 51 Spring Run, PA 17262-0051 [717] 349-7657 I.D. # 36406 r~j[ ComplMe items 1,2, and 3. ~tso ~omplete . ' ted Delivery is desired. item 4 if Restnc ~ -~,~ss on the reverse · print your name ano so that we can return the card to you... · Attach this card to the back of the ma~lp~ece, or on the front if space permits. 1. Article Addressed to: DORIS JEAN jOHNSON 127 CHERRY GROVE ROAD .SHtPPENSBUP'G PA 17257 Signature Agent Date of DeINen/ B. Rec E] Yes D. Is delivery address different from item [~ No If yES, enter delivery address below: 3. Service ~/P . Ex tess Mail . ' '~nB3 ~[~ ~J~esticRet~rnReceipt I",lll,,,I,,hl,ll,,,,I,l,,hll RICHARD BUSHMAN ESQ PO BOX 51 SPRING RUN PA 17262 Certified Mall Provides: · A unique Identifier for your mailplece · A record of delivery kept by the Postal Service for two years Important Reminders: · CerUfied Mail may ONLY be combined with First. Class Mai~ or Pderity Maile. · Certified Mail Is notav~lable for any class of International mail. · NO INSURANCE COVERAGE IS PROVIDED with Certified Mail. For valuables, please COnsider Insured or Reglster6~ Madl. · For an additional fee a Return Rece~ trna be requested fo mvide proof of deanery. To obtain Ream Receipt se~°~, p~ea~e~ COmplete and°~ a Return Receipt (PS Form 3811) to the article end add applicable postage to cover the fee. Endorse mallpIece "Return Receipt Requested". TO receive a fee waiver for a dupli~, te return receipt, a USPSe postmark on your Centfled Mail receipt · For an additional fee, dallvery may be restricted to the addressee or addmssee's .a.~.horlzed eat. Advi~e the clerk or mark the maifplece with t~ endorsement Restric~live~y'. · If a postmark on the Certified Mail receipt is desiredO ease present the-arti- cle at the post office for postmarking. If a postmark on the Certified Maif IMPORTANT: Save this receipt and present it when making an inquiry. Internot access to delivery information is not available on mail addressed to APOs and FPOs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY- PENNSYLVANIA Lee Glenn Johnson Plaintiff VS. Doris Jean Johnson Defendant Civil Action - Law No. F.R. 2004- In Divorce a.v.m. COUNTER-AFFIDAVIT UNDER §3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b): "~ ~ 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): (~do not wish to make any claims economic for 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 verify that the statements made in this counter-affidavit are true and correct. I under- stand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: /,,d'//'//d/-7/ Doris Jean Jol'~'son ~/ NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter affidavit. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY- PENNSYLVANIA Lee Glenn Johnson Plaintiff Civil Action - Law VS. Doris Jean Johnson Defendant No. F.R. 2004- c)~CJ In Divorce a.v.m. AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(d) of the Divorce Code was filed on September 30, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and we have lived separate and apart for a period in excess of two years. 3. I am not in the military service of the United States or any of its allies as defined in The Soldiers' and Sailors' Civil Relief Act of 1940, and the amendments thereto. 4. I accept service of the Notice of Intention to File a Praecipe for Final Decree and Proposed Form of Decree and I waive all waiting periods specified under the Pennsylvania Rules of Civil Procedure. 5. I consent to the entry of a final decree of divorce. 6. 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. 7. Pursuant to Pa.R.C.P. 1920.2(a)(2)(ii), I agree that the Venue for this action is the Court of Common Pleas above captioned and I acknowledge same by my participa- tion in this proceeding. D'ol% Jean J(~nson ~/ 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. §4904, relating to unsworn falsification to authorities. Date /~///¢/~ (./, .,~_~ n~son~ Doris Jean J IN THE COURT OF COMMON PLEAS OF THE 39th JUDICIAL DISTRICT of PENNSYLVANIA Lee Glenn Johnson Plaintiff VS. Doris Jean Johnson Defendant Civil Action - Law No. 2004-04920 In Divorce a.v.m. 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 [§3301(d)(1)] of the Divorce Code. 2. Date and manner of service of the complaint: October 2, 2004. U.S. First Class Mail, prepaid postage at Spring Run, PA, return receipt, with restricted delivery. Date: October (1) Date of execution of the plaintiff's affidavit required by §3301(d)of the Divorce Code: September 29, 2004; (2) Date of service of the plaintiff's affidavit upon the defendant: October 2, 2004. Related claims pending: NONE. Date and manner of service of the notice of int~ to file pr~ecipe to transmit record, a copy of which is attached: October 5, '200~. First Class Mail, prepaid postage at Spring Run, PA. ~../"--.. ....... ~.?/// Ri ~ch/ard ~ BushCna~e Ag6rney for Plaintiff 16767 Path Valley Road P.O. Box 51 Spring Run, PA 17262-0051 [717} 349-7657 I.D. # 36406 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY- PENNSYLVANIA Lee Glenn Johnson Plaintiff VS. Civil Action - Law No. F.R. 2004- Doris Jean Johnson Defendant In Divorce a.v.m. NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Doris Jean Johnson Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter affidavit to the plaintiff's affidavit. Therefore, on or after October 22, 2004, 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. 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 the divorce and you will lose forever the right to ask for economic relief. A COUNTER AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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. PENNSYLVANIA BAR ASSOCIATION LAWYER REFERRAL SERVICE P.O. Box 186 Harrisburg, Pennsylvania 17108 TELEPHONE: [800] 692-7375 [PA only] or [717] 238-6715 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. VERSUS AND NOW, ^N~ ']~ORIS ~.l~t~ DECREE iN DIVORCE , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JUrISDiCTiON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; KELLY ETTER, on behalf of Her minor child, KATELYN MARIE ETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION- LAW FLOYD ALLAMON, JR., Defendant 04-4970 CIVIL TERM IN RE: MOTION TO ALTER FATHER'S VISITATION SCHEDULE ORDER OF COURT AND NOW, this 14th day of February, 2005, upon consideration of Defendant's Motion To Alter Father's Visitation Schedule, and pursuant to an agreement reached by the parties in open court with their respective counsel, Jessica Diamondstone, Esquire, on behalf of Plaintiff and Mark F. Bayley, Esquire, on behalf of Defendant, it is ordered and directed as follows: Floyd Allamon, Jr., is permitted to make visits at the maternal great-grandmother's house, Gladys Etter, on a parties' child Katelyn Etter. weekly basis for a minimum of 2 to 3 hours with respect to the The paternal grandmother is permitted to make visits on a biweekly basis with Floyd Allaman, Jr. ~sica Diamondstone, Esquire MidPenn Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 ~ For the Plaintiff ~rk F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 For the Defendant :mae By the Court, ,,,,OJ 1a E ~ o :;l ~ / to -05 n , ")