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HomeMy WebLinkAbout02-0921Andrew C. Sheely, Esquire 127 S. Market Street p.O.. Box 95. Meohanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DEBORAH A. DAVIS, Plaintiff VS · RICHARD S. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 02 - civiL 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 against 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 with 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 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 ~/drew C. Sheely, Esquire PA. I.D. No. 62469 127 S. Market Stre~ P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Sheely, Esquire 127 S. Market Street P.O.-Box 95- Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DEBORAH A. DAVIS, Plaintiff VS. RICHARD S. DAVIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Deborah A. Davis, an adult individual who currently resides at 321 South York Street, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Richard S. Davis, an adult individual who resides at 201 B West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fida residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 14, 1994 in Cumberland, Maryland. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that she may have the right to request that the court require the parties hereto to participate in counseling. 8. The marriage between the parties is irretrievably broken. 9. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to Plaintiff so as to render her condition intolerable and life burdensome. 10. This action is not collusive. 11. The parties separated on or about January 31, 1999. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. Date: February 21, 2002 Respectfully submitted, Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 697-7050 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: February 21, 2002 ~~~. -- ~- Deborah A. Davis Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DEBORAH A. DAVIS, Plaintiff vs. RICHARD S. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 02 - CIVIL TERM : : IN DIVORCE AFFIDAVIT Deborah A. Davis, being duly sworn according to law, deposes and says: (1) 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 Domestic Relations Office, which list is available to me upon request. (3) Being so advised, I do not request that the Court require that 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.A. Section 4904 relating to unsworn falsification to authorities. February 21, 2002 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DEBORAH A. DAVIS, Plaintiff VS. RICHARD S. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 02 - 921 CIVIL TERM : : IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO: CURTIS R. LONG, PROTHONOTARY OFFICE OF THE PROTHONOTARY CUMBERLAND COUNTY, PENNSYLVANIA Kindly reinstate the Complaint in Divorce docketed to the above-captioned number. March 22, 2002 BY renew C. S~e~ire PA. I.D. Nf//6246~-'' 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DEBORAH A. DAVIS, Plaintiff VS. RICHARD S. DAVIS, Defendant : IN TEE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 02 - 921 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBEP~LAND : ANDREW C. SHEELY, being duly sworn according to law, deposes and says that a true and correct copy of the Divorce Complaint in the above-captioned matter to be served upon Richard S. Davis, by Certified Mail, Return Receipt Requested, as indicated by the attached receipt cards, on April 5, 2002. ANDREW C. SHEELY SWORN to and subscribed before me Notary Public My Commission Expires: ~9~/ 2~0~ Telephone: (717) 097-7050 ANDREW C. SHEELY ATYORNEY AT LAW 127 South Market Street P.O. Box 95 Mechanicsburg, Pennsylvania 17055 Fax: (717) 697-7005 Richard S. Davis RESTRICTED DELIVERY FOR ADDRESSEE ONLY 201 West Main Street Mechanicsburg, PA 17055 March 19, 2002 RE: Davis v. Davis 02 -0921 In Divorce Dear Richard: Enclosed for service upon you in accordance with the Pennsylvania Rules of Civil Procedure is a true and correct copy of the divorce complaint recently filed on behalf of your wife, Deborah A. Davis. The Divorce Complaint was filed on February 22, 2002. In order to conclude the divorce, a period of ninety (90) days must expire after the date you receive this letter and the enclosed divorce complaint. At the end of the ninety (90) day period, I will forward an affidavit of consent and waiver of formal notice form to you. As such, the divorce could be final by late May. Thanks for your attention to these matters. If you have an attorney, please have him or her contact me as soon as possible. ACS/bmk Enclosure c: Deborah A. Davis Certified Mail No: 7001 2! · Complete Items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. 1. A~ticle Addree~ed to: Foe. ,Aoo,e6 ce O/VLy PS Form 3811, August 2001 Date of Delivery D, isdeaver/addmeadiffemntfmmiteml? i-lyes if .~, e~te~ delivery addree~ below: r-INo 4817 . 7001 2510 0000 3029 Domestic Return Receipt Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA ~7055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DEBORAH A. DAVIS, Plaintiff VS. RICHARD S. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 02 - 921 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CON?-_EN_~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 22, 2002.. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 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.A. Section 4904 relating to unsworn falsification to the authorities. eborah A. Davis Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DEBORAH A. DAVIS, Plaintiff vs. RICHARD S. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 02 - 921 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on February 22, 2002. I acknowledge that the Complaint was served upon me by certified mail on April 5 2002. ' 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: ard S. Davis -- Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DEBORAH A. DAVIS, Plaintiff vs. RICHARD S. DAVIS, Defendant :'IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : 02 - 921 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 33~Q~-XC) 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 decree 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. 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.A. Section 4904 relating to unsworn falsification to the authorities. Deborah A. Davis. Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Meehanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) DEBORAH A. DAVIS, Plaintiff vs. RICHARD S. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 02 - 921 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 'CgD~ 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 decree 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. 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: DEBORAH A. DAVIS, Plaintiff VS. RICHARD S. DAVIS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : 02 - 921 CIVIL TERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (C) of the Pennsylvania Divorce Code. 2. Date and Manner of service of the complaint: Certified mail, restricted delivery, on April 5, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of affidavit of consent required by Section 3301 (C) of the Pennsylvania Divorce Code: by Plaintiff on November 18, 2002 and by Defendant on November 18, 2002. (b) (1) Date of execution of the affidavit required by Section 3301 (d) of the Divorce Code: Not~Dlicable: (2) Date of filing and service of the plaintiff,s affidav~ u~n-the respondent: ~. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, copy of which is attached: ~le a Date Plaintiff,s Waiver of Notice in Section 3301 was file~b~ith the Prothonotary. N_~ove_n~be~r 18_~_2002. (C) Date Defendant,s Waiver of Notic~ i~ Sect'on 3301. (C) Divorce was filed with the Prothonotary. Nove~~~. INTHE COURT OF COiVlMON PLEAS OF CUMBERLAND COUNTY STATE OF .,~~ PENNA. DEBORAH A. DAVIS N o. 02-921 VERSUS RICHARD S. DAVIS AND NOW,,I DECREED THAT AND DECREE IN DIVORCE DEBORAH A. DAVIS RICHARD S. DAVIS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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; NONE ATTEST: PROTHONOTARY