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HomeMy WebLinkAbout04-5828MICHAEL J. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. :No. 04- LISA KATHLEEN DAVIS, CIVIL ACTION -LAW Defendant 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 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 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 32 South Bedford Street Carlisle, PA 17013-3308 (717) 249-3166 MICHAEL J. DAVIS, Plaintiff V. LISA KATHLEEN DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. ©y $ CIVIL ACTION -LAW DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW comes the Plaintiff, Michael J. Davis, by and through his attorney, Jeanne B. Costopoulos, Esquire, and avers the following in support of this Complaint in Divorce: 1. The Plaintiff, Michael J. Davis, is an adult individual who currently resides at 107 W. Main Street, 1St Floor, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, Lisa Kathleen Davis, is an adult individual who currently resides at 407 W. Simpson Street, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on February 2, 1991, in Newville, Cumberland County, Pennsylvania. Count I - Divorce 5. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievable broken. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 10. There are two dependent children from this marriage, namely Joshua Michael Davis, born November 12, 1993, and Hannah Kathleen Davis, born March 12, 2001. 11. This action is not collusive. Count II - Equitable Distribution of Marital Property Pursuant to 43502 of the Divorce Code 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff and Defendant are the owners of various items of real and personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution by this court. 14. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investment accounts, and retirement benefits acquired during their marriage, which are subject to equitable distribution by this court. 15. While no settlement has been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant. To the extent that a written Marital Settlement Agreement might be entered into between the parties prior to the time of hearing on this Divorce Complaint, Plaintiff desires that such written Agreement be approved by the Court and incorporated, but not merged, in any Divorce Decree which might be entered dissolving the marriage between the parties. WHEREFORE, Plaintiff requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Equitably distributing all property owned by the parties hereto; C. In the event that a written Marital Settlement Agreement is reached between the parties hereto prior to the time of the hearing on this Complaint, Plaintiff respectfully requests that pursuant to the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; D. For such further relief as the Court may determine equitable and just. RESPECTFULLY SUBMITTED: Dated: z6costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, Pennsylvania 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 -` 70 r Fax: (717) 790-6019 / ATTORNEY FOR PLAINTIFF MICHAEL J. DAVIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. No. LISA KATHLEEN DAVIS, CIVIL ACTION -LAW Defendant : DIVORCE VERIFICATION I, Michael J. Davis, hereby verify that the statements made in the foregoing Complaint in Divorce 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: a? Signature: Mich?e"J. D' avis V 77 r ?. MICHAEL J. DAVIS, Plaintiff V. LISA KATHLEEN DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-05828 CIVIL ACTION - LAW DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 18, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety 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. §4904 relating to unswom falsification to authorities. Date: c Signatures M c l Davis MICHAEL J. DAVIS, Plaintiff V. LISA KATHLEEN DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-05828 CIVIL ACTION - LAW DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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. 4. 1 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 unworn falsification to authorities. .` Dated: 7? Signature: ? Michael J. avis MICHAEL J. DAVIS, Plaintiff V. LISA KATHLEEN DAVIS, Defendant TO THE COURT: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-05828 CIVIL ACTION -LAW DIVORCE STATEMENT OF INTENTION TO PROCEED Plaintiff, Michael J. Davis, intends to proceed with the above captioned matter. Dated: l e2__ By: Je a B. Costopoulos, Esquire Attorney for Plaintiff, Michael J. Davis 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 221-0900 PA S.Ct. ID No. 68735 t7 C=> m -ra -- r -si L FILED-OFFICE OF THE PROTHONOTARY 2011 JUL -`i PM 12= 18 MICHAEL J. DAVIS CUM,IIERLAD COUNTY IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2004-05828 LISA KATHLEEN DAVIS, Defendant CIVIL ACTION -LAW DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING L A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 18, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety 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. §4904 relating to unsworn falsification to authorities. Date: 6 Z? Signature• Lisa Kathleen Davis FILED-OFFICE OF THE PROTHONOTARY 2011 JUL -1 PM 12: 18 MICHAEL J. DAVIS, CUMBERLAND C ` AE COURT OF COMMON PLEAS OF PENNSYLVA*1 Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 2004-05828 LISA KATHLEEN DAVIS, CIVIL ACTION -LAW Defendant DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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. 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. §4904 relating to unsworn falsification to authorities. Dated: 6?2 I? Signature: i I ~ ~ ~ MICHAEL J. DAVIS, : THE COURT OF COMMON PLEA Plaintiff : CUMBERLAND COIJNTY, PENNT~V oI`a'm= : .,Q r-- tJ~'~ 1 vs. : No. 2004-05828 CIVIL TERM ~o a c~ ~ LISA KATHLEEN DAVIS, : CIVIL ACTION - AT LAW Z~ 3x°~ Defendant : DIVORCE ~ a ~ °r~ ~ v 70 PRAECIPE TO WITHDRAW COUNT II OF COMPLAINT TO THE PROTHONOTARY: Kindly withdraw Count II of the Complaint in Divorce filed on November 18, 2004. By: JEA NE B. COSTOPOULOS, ESQU Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff Date: I Y ! = R? , JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff MICHAEL J. DAVIS, Plaintiff V. LISA KATHLEEN DAVIS, Defendant UMBERLANJ c "!b' PENNSYf_VA Uf-"? I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-05828 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I, Jeanne B. Costopoulos, Esquire, verify that the Complaint in Divorce filed November 18, 2004, was served upon the Defendant indicated above November 27, 2004, by first class, Certified Mail No. 7000 1530 0001 6002 0308, postage prepaid, return receipt requested, restricted delivery, pursuant to the requirements of Pa.R..C.P. §1930.4. I verify that the statements made herein are true and correct and 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: By: 1 JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Plaintiff ¦ Complalle Nor, 1, 2, and 3. Also complete A. item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse C so that we can return the cans to you. ¦ Attach this card to the back of the mailpiece, X or on the front if space permits. 1. Article Addressed to: ka til 12A')ZkV' `V e sS' AJ- by (Please Print Clearly) D. is delivery address different from item 1? If YES, enter delivery address below: 13 3. Service Type Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number -7066 ?S U d d/ 0 6 2 0 V ( WWfr frwn WWC& Isbs1) PS Ftxm I 1 , March 20D1 Domestic Rehm ReoW 1025 -01-M-1424 ?' 17 MAY 2 4 PM 2: 4 -' MBEkLAND Coil t 3 PENNSYLVANIA MICHAEL J. DAVIS, : THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2004-05828 CIVIL TERM LISA KATHLEEN DAVIS, CIVIL ACTION - AT LAW Defendant DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please 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(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Service via certified, restricted delivery mail, receipt no. 7000 1530 0001 6002 0308. See Affidavit of Service filed May 24, 2012. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by the Plaintiff March 6, 2005; by the Defendant: June 21, 2011. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: March 14, 2008. Date Defendant's Waiver of Notice in §3301(c) divorce was filed with the prothonotary: July 7, 2011. By: JEANNE B. COSTO OS, ESQUIRE Attorney I.D. No. 68735 130 Gettysburg Pike, Suite C Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Z? ATTORNEY FOR PLAINTIFF ??? ?- MICHAEL J. DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LISA KATHLEEN DAVIS : NO. 2004-05828 DIVORCE DECREE AND NOW, ?26 / , it is ordered and decreed that -4L?? - MICHAEL J. DAVIS plaintiff, and LISA KATHLEEN DAVIS 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, -/Ax Attest: J. 1D 'D. BwELL, othonota kkIA. eel-rl ayy 4 ^ #vht-e W coat as?v vs