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Home My WebLink About05-0289 TERRY A. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. OS - ;2P'( : CIVIL ACTION - LAW : IN DIVORCE CIU~( ~&~ DIANE E. DAVIS, Defendant 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, 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 LA WYER 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. Court Administrator Cumberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 TERRY A. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA DIANE E. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE C(u~l~~~ vs. : NO. 05:"- COMPLAINT UNDER SECTION 3301c OF THE DIVORCE CODE 1. Plaintiff is Terry A. Davis, an adult individual who resides at 1101 Lindham Court, Apartment 408, Mechanicsburg, Cwnberland County, and Pennsylvania 17055. 2. Defendant is Diane E. Davis, an adult individual who resides at 242 Stonehedge Lane, Mechanicsburg, Cumberland County, and Pennsylvania 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on June 30, 1984, at Dillsburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the court require that the parties participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce ~ ~ I Timothy J. O'Connell, Esquire TURNER AND O'CONNELL 4415 North Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. Date: 1- 3.f) S-- ~~~4iJa~~ Terry A. D vis ~ (':I -<4 'i "'- ~ . '-- N d <r, ,,-:> ~ i: ~.~) .-.--:;::- ..0 '-" ~ p:! '- "\y ...'" .'.V 0- .p.- -- -.() ~~ GO _'0" , -~.' . , f;"? '" - ---- TERRY A. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 2005-289 CIVIL LTERM DIANE E. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Mindy S. Goodman, Attorney for defendant Diane E. Davis, hereby accept service of the Complaint under Section 3301(c) filed in the above captioned action. ~\. ~. }..._D~..e Mindy S. Goodman - Date: I - z<> - <> .; i'~" - TERRY A. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-289 CIVIL TERM DIANE E. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on January 13,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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: s/L-!Jlo5 ~/~~ d. j)~ Terry A. aV1S Social Security No. /9 '-I-~;) -33~1 r ~. TERRY A. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-289 CIVIL TERM DIANE E. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. f\ con1plaint in divorce under Section 3301(c) of the Divorc.e Code was filed on January 13,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of 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. 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: 512010'5 0<:JJli ~ fh uM Diane E. Davis Social Security No. /1. ~-:5t,L)~D -- -.,\ ~'~ : - TERRY A. DAVIS. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-289 CIVIL TERM DIANE E. DAVIS, Defendant CIVIL ACTION - LA W IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I COl1seI1t to tbc entry of a :Enal decree in divorce 'vvitl:.out notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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. I verify that the statements made in this Affidavit are true and correct. 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/WJbS ~J,tl. L/:)a lU,IQ Diane E. Davis !1"h5f,.;, ()~ Social Security No. ',.\ .. - TERRY A. DAVIS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-289 CIVIL TERM DIANE E. DAVIS, Defendant CIVIL ACTION - LA W IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in 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. I verify that the statements made in this Affidavit are true and correct. 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: 5/1.6JOS ~ tJ f}rzvlc Terry ~avis /tJ'I~h2 33<( / , Social Security No. r"~.' - ... . TERRY A. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-289 CIVIL TERM DIANE E. DAVIS, Defendant CIVIL ACTION - LAW IN DIVORCE STIPULATION FOR ENTRY OF DOMESTIC RELATIONS ORDER AND NOW, this 1tL day of _mil '( , 2005, the parties, Terry A. Davis, plaintiff, and Diane E. Davis, defendant, do hereby agree and stipulate as follows: 1. Plaintiff's social security number is 194623341. 2. Defendant's address and social security number are 9620 Randolph Street, Hanover, Pennsylvania 17331, SSN 194560380. 3. The parties were married for a period of more than ten years during which time the plaintiff performed more than ten years of creditable military service. 4. The plaintiff, Terry A. Davis, has retired from the United States Marine Corps and is presently receiving U.s. military retired pay in the amount of$I,542.00 gross per month. 5. The plaintiff assigns to defendant fifty (50%) percent of his military retired pay. 6. The parties intend that this order qualify for the direct payment of military pension benefits to the defendant under the Uniformed Services Former Spouses Protection Act, 10 U.S.C. 1408 et. sJlli. All provisions hereof shall be interpreted liberally so as to make this order qualify. . . . . .' 7. It is intended that the defendant receive her full share of plaintiffs retirement, calculated without reduction for V.A. disability pay, Dual Compensation Act Income, or any other reason. The defendant shall receive the same percent of all cost of living adjustments which the plaintiff receives. 8. Defendant's entitlement shall cease upon the death of either party. 9. The parties have knowingly and voluntarily consented to this order. 10. The parties agree that the court has jurisdiction over the parties and the subject matter of this action. ~ Timoi J. o'Con:ell, Esquire Attorney for plaintiff ~d!~ Terry :Zvis Plaintiff ~ .:>DJl Mindy S. Goodman, Esquire Attorney for defendant ~ 0-.kL y fn jj 10 Diane E. Davis Defendant --1') ~ , -..' , ~':~ '.\:,' 1~~"C:~' ~'~ ~~i ::-J -< ,..., = ~" "'" <c=; s;: ..- t 00 ~ 3 ~ 1-n \1\f-: -0 i'TJ:?, :D o -~~. ::h-n c.:) --} --"'(11 Or -'-I ~ f;-? 1;7 rv TERRY A. DAVIS Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05-289 CIVIL TERM DIANE E. DAVIS, Defendant CIVIL ACTION IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD I. Grounds for divorce: Section 3301(c) of the Divorce Code 2. Date complaint filed: January 13, 2005 Date of service of the complaint: January 20, 2005 If service 30 days after date of filing, date complaint reinstated: Manner of service of the complaint: Certified mail, restricted delivery to and return receipt signed by defendant _X_ Acceptance of service (Copy attached) 3. Affidavit of consent required by Section 3301(c) ofthe Divorce Code: By plaintiff: dated May 23, 2005 and filed herewith By defendant: dated May 20, 2005 and filed herewith 4. Related claims pending: None 5. Date waiver of notice to file praecipe to transmit was filed with the Prothonotary By plaintiff: dated May 23, 2005, and filed herewith By defendant: dated May 20, 2005, and filed herewith VERIFICATION I verify that the statements made in this praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. Date: OS/24/05 J-- Timothy J. O'Connell, Esquire 4415 North Front Street Harrisburg, P A 17110 Attorney for Plaintiff (") ~:: ;',~ ;:glt: ~':); ;: V,!," ;::: t~ ;~;:~,.' ~:~ -< ....., = = V" t- c::: ~~ I CO ~ :2 m;;g -Oe:J 5.1., c:.!>r; :j-~ <;;1m 9, ~;.j '< "'" :ll: RECEIVED J TERRY A. DAVIS, Plaintiff ; IN THE COURT OF COMMON PLEAS ; CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 05-289 CIVIL TERM DIANE E. DAVIS, Defendant : CIVIL ACTION - LAW ; IN DIVORCE ORDER AND NOW, this ~ day of ~ u, (... , 2005, the attached stipulation and agreement dated '" of the parties is incorporated, but not merged, into the divorce decree. By the Court: J. t;r9 1\ ()\9 7:'. S7. \r\ ~'%, 'J:"2.~; 'tb~) 'C~ c- o- ~~ '5 "J, ~ ~ """ U' -- ~ ';:?, ~ ~ r- .- ,,'f' ~')L:o '':.2,''f~ :~ ::n L"._ ,/;-.\ -;.\ \~, "5;".'- ':C;.S o . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + . + . . . + + + + . . . . . . + . + + + . + . + . + . . . + + . . . . . . . + . . + + + . . . '. . . . .. . :f.:t' if.if. ... . :to:+: :.t'if.:+: if.:+' :+::f.:+:'4: .. :+;:+' :+:if. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. TERRY A. DAVIS No. 05-289 Civil Term VERSUS DIANE E. DAVIS DECREE IN DIVORCE o:r 8''f3~.tA IS June 2005 AND NOW, , IT IS ORDERED AND Terry A. Davis DECREED THAT , PLAI NTI FF, DIane E. Davis AND , 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; none ArrES~ . ~ r ~ PROTHONOTARY :+::+:'f :t' . 'f'f;+:'f. Of:+: if. if. if. Of. 'f'f.:t' :t= :f Of :.t';+: '+' Of'+' .. .. ... + + . . + . . . . . + + . + . . + . . + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . + . . J. . . . . . . . . . . . +::++::+''f'''' ~-Ip ~ ~ o/!L, 50.1/.-'l ~ (J ~ ;z. ~Iitp --r{J 5~ 11 . <'J .. .-,.j.... .. ' ~......' ..~~. ~ TERRY A. DAVIS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-289 DIANE E. DAVIS, Defendant : CIVIL ACTION - LAW : IN DIVORCE AiFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN DIANE E. DAVIS, being duly sworn according to law, deposes and says that she is the Defendant inJhe above-captioned divorce action in which a final decree from the bonds of matrimon~~was entered on June 15, 2005, and she hereby elects to resume her prior surname of DIANE ELAINE NEWHOUSE and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15,1972, P.L. 1063,54 PA. C.S.A. 704. ~~ G~I)bD Diane E. Davis To be known as ~~ Ua.~ Diane Elaine Newhouse l\foJ ~ . Sworn and subscribed to Before me Ithis '2 -z.:D day of C4. '^-J?........6--+- , 2006 ~~~~ Notary Public C~ LTHOF PE_VLVANlA NOTARIAL SEAL MINDY S. GOODMAN, NoIaIy P\Jblic City of Harrisburg, Dauphin County II Commission Expires May 21, 2009 ~ ~ ~ 6J ~ i lA..J ~ - ~ ~ & ~ Q:..: r '-- '~ -..t- "4lWiJ'lD:" .. ,.,.:~i::~J"_?~:!~J!~;!.'~~;:S;~;;'~~:.:';'--'. -.,. ,-I' ;~ n c <;" ""OcfJ ~f;' '~s.;~ -,<,c ~~. 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