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HomeMy WebLinkAbout02-0748DONNA M. DOCKEY, Plaintiff VS. MARLIN P. SCHRECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. O~ ~ ~:7 c/'~' 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 foregoing 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 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAVVYER'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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 DONNA M. DOCKEY, Plaintiff VS. MARLIN P. SCHRECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list df professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenienceito you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions ara to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of th(~ date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. II DONNA M. DOCKEY, Plaintiff VS. MARLIN P. SCHRECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NO~ comes the above-named Plaintiff, DONNA M. DOCKEY, by her attorney, Samuel L. Andest and makes the following Complaint in Divorce: 1. The Plaintiff is DONNA M. DOCKEY, an adult individual who currently resides at 25 Clouser Road in Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant is MARLIN P. SCHRECK, an adult individual who currently resides at 25 Clouser Ro~ d in Mechanicsburg, Cumberland County, Pennsylvania. 3. Both e Plaintiff and Defendant have been bona fide residents of the Commonwealth ol Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The PI. aintiff and Defendant were married on 29 November 1994 in Mechanicsburg, Cumberland Cour~ty, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The milrriage is irretrievably broken. has been advised of the availability of marriage counseling and the lhe right to request that the Court require the parties to participate in 7. Plaintif Plaintiff may have counseling. COUNT I -- IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Eennsylvania. COUNT II -- EQUITABLE DISTRIBUTIO!" 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equ~itably divide the property, both real and personal, owned by the parties hereto as martial property. ! COUNT III ~ ALIMONY 10. Plainti~ lacks sufficient property to provide for her reasonable needs in accordance with t~ e standard of living of the parties established during the marriage. 11. Plainti I~ is unable to support herself in accordance with the standard of living of the parties establi, hed during the marriage through appropriate employment. 12. The D, ~fendant is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Plaintiff and pay her alimony in accordance with th Divorce Code of Pennsylvania. WHEREFOI E, Plaintiff prays this Honorable Court to enter an Order awarding Plaintiff from Defendant pel'manent alimony in such sums as are reasonable and adequate to support and maintain Plair iff in the station of life to which she has become accustomed during the marriage. , COUNT IV -- ALIMONY PENDENTE LITF 13. Plaintiff is without sufficient income to support and maintain herself during the pendency of this adtion. 14. Defend~ant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff during the course of this action. WHEREFOI~E, Plaintiff prays this Honorable Court to order Defendant to pay her reasonable alimonypendente lite during the pendency of this action. II 15. 16. With( against Defendar 17. Defer Plaintiff's attorne WHEREF~ COUNT V -- COUNSEL FEES AND EXPENSES Plaintiff is without sufficient funds to retain counsel to represent her in this matter. ,ut competent counsel, Plaintiff cannot adequately prosecute her claims and cannot adequately litigate her rights in this matter. Jant enjoys a substantial income and is well able to bear the expense of and the expense of this litigation. ~RE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify tha~t the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: / - 3 , - P ~i... D O~N NA M~. DO~c K'EY/Y~~ DONNA M. DOCKEY, Plaintiff VS. MARLIN P. SCHRECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE MOTION FOR HEARING ON REQUEST FOR ALIMONY PENDENTE LITE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the Court to schedule a conference in the Domestic Relations Office on her request for Alimony Pendente Lite in this matter. Attorney for Plaintiff Supreme Court ID # 17225 525 N. 12t~ Street Lemoyne, PA 17043 (717) 761-5361 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DONNA M. DOCKEY, Plaintiff rS, MARLIN P. SCHRECK, Defendant CIVIL ACTION - LAW NO. IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS NAME ADDRESS BIRTH DATE PETITIONER Donna M. Dockey 25 Clouser Road Mechanicsburg, Pa 17055 January 27, 1938 SOCIAL SECURITY NUMBER -IOME PHONE 697-3536 WORK PHONE EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION Retired DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME $1,700 approx, per month (retirement income) ATTORNEY'S NAME Samuel L. Andes ATTORNEY'S ADDRESS ATTORNEY'S PHONE NUMBER 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 RESPONDENT NAME vlarlin P. Schreck ~,DDRESS 25 Clouser Road Mechanicsburg, Pa 17055 BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE 172-36-1722 Unknown EMPLOYER NAME Commonwealth of Pennsylvania EMPLOYER ADDRESS SCI Camp Hill JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY $1,882.50 every two weeks ~IET PAY $1,300.00 every two weeks OTHER INCOME $1,474.00 Military/VA retirement pay ATTORNEY'S NAME Gerald J. Skekletski ATTORNEY'S ADDRESS 414 Bridge Street New Cumberland, Pa 17070 ATTORNEY'S PHONE NUMBER (717) 774-7435 MARRIAGE INFORMATION DATE OF MARRIAGE November 29, 1994 PLACE OF MARRIAGE Mechanicsburg, Pennsylvania DATE OF SEPARATION March 1, 2001 ADDRESS OF LAST MARITAL HOME 25 Clouser Road Mechanicsburg, PA 17055 DESCRIPTION OF DOCUMENT RAISING APL Divorce Complaint CLAIM I DATE APL DOCUMENT FILED DONNA M. DOCKEY, : Plaintiff/Petitioner : VS. : MARLIN P. SCHRECK, : Dcfendan~.espondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 2002-748 CIVIL TERM[ IN DIVORCE DIO~ 31474 Pacses~ 536104276 ORDER OF COURT AND NOW, this 20~h day of February, 2002, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on March 22~ 2002 at 10:30,4.M_ for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may reoommend that an Order for Alimony Pandente Lite be entered. YOU are further ordered to bring to the conference: ( i ) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on 2-20-02 to: Petitioner < Respondent Samuel Andes, Esquire Gerald Sheldetsld, Esquire BY THE COURT, George E. Hoffer, President Judge Date of order: February 20, 2002 ', ,~' R. I]lsShadday, Conference Officer ( ~, YOU ]lAVE THE RIGHT TO A LAWYER, WltO MAY ATTENB THE CONFERENCE AND REPRESENT YOU. I~ YOU DO NOT BAVE A LAWYER OR CANNOT AFFORB ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU MAY GET LEGAL IlELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 DONNA M. DOCKEY, PLAINTIFF VS. MARLIN P. SCHRECK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-748 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I hereby enter my appearance for the Defendant, Marlin P. Schreck in the above matter, accept service of the Complaint in Divorce, and acknowledge a receipt of a copy of the same. Date: ~//~-'//~ ~3._ '/Gerald J. ~('e~etski Attorney for Defendant Supreme Court ID # 414 Bridge Street New Cumberland, Pa 17070 (717) 774-7435 DONNA M. DOCKEY, Plaintiff VS. MARLIN P. SCHRECK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-748 IN DIVORCE JOINT PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please discontinue the divorce action commenced by Plaintiff, Donna M. Dockey in the above matter and withdraw all economic claims previously raised in that Complaint. Date: 21 March 2002 Attorney for Plaintiff Supreme Court ID # 17225 525 North 12~h Street Lemoyne, Pa 17043 (717) 761-5361 CONSENT TO DISCONTINUANCE The undersigned, being the parties to the above matter, and their attorneys, hereby consent to and join in the above Praecipe to formally discontinue the divorce action filed in this matter and the claims raised in that divorce action. Donna M. Dockey / Mar~in P. Schreck~ - ' ~'~lT'nt~l L. And~/ Attorney for Plaintiff Ge~:ald Jz~ri~ke s i Attorney for Defendant Supreme Court ID # c~/'~)~ In the Court of Common Pleas of CUMBERLAND County, Peonmylvania DOMESTIC RELATIONS SECTION DONNA M. DOCKEY Plaintiff VS. MARLIN P. SCHRECK Defendant ) Docket Number ) ) PACSES Case Number ) ) Other Si:ate ID Number 02-748 CIVIL 5361O4276/D$~474 ORDER AND NOW, to wit on this 4~ DAY OF NOVEMBER, 2002 IT IS HEREBY ORDERED that the O Complaint for Support or O Petition to Modify or (~) Other 32LIMONY PEI~-DENTE filed on FEBRU/LRY 14, 2002 iii the above captioned matter is dismissed without prejudice due to: THE PETITIONER WITHDRAWING HER REQUEST FOR ALIMONY PENDENTE LITE. O The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. XC: RJ Shat!day plaintiff defendant Samuel Andes, Esquire Gerald Shekletski, Esquire BY THE COURT: JUDGE Service Type Form OE-506 Worker ID 21005