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HomeMy WebLinkAbout05-0590 JUDY L. STINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O!:' 59D tfud ---r;_ CIVIL ACTION - LAW IN ANNULMENT v. MICHAEL J. McDONALD, 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, I Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDY L. STINE, v. NO. Defendant CIVIL ACTION - LAW IN ANNULMENT MICHAEL J. McDONALD, A VISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothontary, en la Cumberland County Court of Common Pleas, I Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE P AGAR UN ABOGADO, VA Y A 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland COWlty Lawyer Referral Service 32 S. Bedford Street Carlisle, P A 17013 (717) 249-3166 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0';- SC;o Cw.:Q T Lo- JUDY 1. STINE, v. Defendant CIVIL ACTION - LAW IN ANNULMENT MICHAEL J. McDONALD, COMPLAINT c- 1:.;.1 A>(\I'WL1""(~ 1. The Plaintiff, Judy 1. Stine, is an adult individual residing at 337 West Ridge Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. The Defendant, Michael J. McDonald, is an adult individual with a last know address of337 West Ridge Street, Cumberland County, Pennsylvania, 17013. 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. Plaintiffs social security number is: 175-34-8342; and Defendant's social security number is 157-42-6099. 5. The Plaintiff and Defendant were purportedly married on the 10th day of October, 2004, in Hagerstown, Maryland. 6. The Plaintiff and Defendant are not in the military or naval forces of the United States. 7. There have been no prior actions of annulment or divorce between the parties in this or any other state. 8. There were no children born to Plaintiff and Defendant. COUNT I ANNULMENT PURSUANT TO &3303 OF THE DIVORCE CODE 9. Paragraphs One through Eight are incorporated herein by reference as if set forth in full. 10. Plaintiff avers that she was fraudently coerced into the marriage. 11. Plaintiff avers that the fraud and coercion consisted of: (1) Defendant's intentional isolation of Plaintiff from her family in order to obtain her assets; (2) failure to alert Plaintiff to Defendant's psychological problems; (3) Defendant's tendency towards violence; (4) Defendants failure to disclose his prison record; and (5) Defendant's inability to keep employment and support Plaintiff. 12. Plaintiff avers that there has been no voluntary cohabitation after the purported mamage. WHEREFORE, Plaintiffrequests this Honorable Court to enter a decree annulling the mamage. GODFREY & ASSOCIATES, P.c. By: c:/./~~.. E. Ralph Godfrey, Esquire Attorney LD. No. 17 West South Street Carlisle, P A 17013 (717) 243-5100 Attorneys for Plaintiff Dated: '--1 "" (")_..\ ;l, -" /;.- - VERIFICATION I, Judy L. McDonald, do hereby verify that the facts set forth in the foregoing Complaint in Annulment are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. / 1/ _/1"'- Date; "- 0< CO L' '-/ /' r-' 0 (,.:-.> ...., ',,:,~ -n ~ l:J'\ .." .., rn Gl ~J r ~ 0) , ~ ~ :n'(:.j I ',,} ,. N (~) Il., ,\','" ".,..'1' --. ~ ~ ,,,\,'1 '" <..~ j':"~) 0 I.>> 'lO ",In ~ 0 ...... ..".\ -"=> :z~ \.-' <:> - '& N Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDY L. STINE, v. NO. 2005-590 Defendant CIVIL ACTION - LAW IN ANNULMENT MICHAEL J. McDONALD, MOTION FOR ALTERNATIVE SERVICE OF COMPLAINT BY PUBLICATION yt- AND NOW, TO WIT, this~ day of February, 2005 comes the Plaintiff, Judy Stine, by and through her attorneys, Godfrey & Associates, P.C., and files the within Motion pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure and in support thereof avers as follows: 1. On February 2, 2005, Plaintiff filed a civil complaint against the Defendant for an annulment. 2. Between October, 2004 and Januarys 26, 2005, Plaintiff has attempted to locate Defendant in order to effectuate service of the Complaint. 3. On or about January 20,2005, Plaintiff made a request for address of box holder information needed for service oflegal process. The request was returned to counsel marked as "Not known at address given". A true and correct copy of this request is attached hereto, incorporated herein and marked as Exhibit "A". 4. Plaintiff has made a good faith investigation to ascertain the present residence and whereabouts of the Defendant, but was unsuccessful. An "Affidavit of Investigation Pursuant to Pa.R.C.P. No. 430(a)" is attached hereto, incorporated herein and marked as Exhibit "B". 5. It is impossible for the Plaintiff to serve this Complaint by original service pursuant to Rule 402, 403 or 404 of the Pennsylvania Rules of Civil Procedure. WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit service of the instant Complaint upon the Defendant by publication pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure. Respectfully Submitted, E. Ralph Godfrey, Esq GODFREY & ASSO ATES, P.C. 17 West South Street Carlisle, P A 17013 (717) 243-5100 LD. No. 77052 Attorney for Plaintiff Dated: 2/f(6)/ 2 II. January 20, 2005 GOrnRREY AssoCllA'FES pc. Attorneys & Counselors At Law POSTMASTER Carlisle Branch Carlisle, PA 17013 17 West South Street Carlisle, PA 17013.3512 717.243.5100 717.243.5178 Fax REQUEST FOR INFORMATION IS NEEDED FOR PHYSICAL ADDRESS OF BoXi'fbE'Bfg'f{'p(')'i{ SERVICE OF LEGAL PROCESS Please furnish the physical street or new address (if a boxholder) for the following: (All former addresses are given). Michael J. McDonald, 337 West Ridge Street, Carlisle, PA 17013 Note: The name and address are required for service of legal process. The name, if known, and post office box addresses are required for boxholder information. The following information is provided in accordance with 39CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6 (d)( I) and (2) and corresponding Administrative Support Manual 253.44 a and b. 1. Capacity ofrequester (e.g. process server, attorney, party representing himselt): ATTORNEY 2. Statute or regulation that empower me to serve process (not required when requester is an attorney for a party acting -pro-se - except a corporation action pro se must cite statute: 65 P.S. 66.1 et seq, Freedom of Information Act 3. The names of all known parties to the litigation: Judy L. 1\'fcDonald v. ~vfichael J. rvlcDonald 4. The Court in which the case has been or will be heard: Cumberland County 5. The docket or other identifying number, if one has been issued: No Docket Number to date 6. The capacity in which this individual is to be served (e.g. defendant or witness): Plaintiff Prcgressive Representation Grounded In Ethicsnl f",. k. b~ I- d A " POSTMASTER January 20,2005 Page 2 WARNING The submission of false information to obtain and use change of address information or boxholder information for any purpose other than the service of legal process in connection with actual or prospective litigation could result in criminal penalties including a fine of us to $10,000 or imprisorunent or (2) to avoid payment of the fee for change of address information of not more than 5 (five) years, or both (TITLE 19 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with the actual or prospective litigation. E. Ralph Godfrey. Esquire GODFREY & ASSOCIATES, P.e. 17 West South Street Carlisle, P A 17013 FOR POST OFFICE USE ONLY STREET ADDRESS OF BOXHOLDER NAME: Michael J. McDonald STREET ADDRESS: No Street address available ~ No change of address order on file. Not known at address given. Moved, left no forwarding address. No such address. ERG/ae ~ / /c},,~~~L:~,'S/ c':""., / (--<\~\ I, (~ \..>\ I I. ~'--.,~ -,..\ \ ~ or',' lee! \C.~ )::: \ 0;:.;'>_ Cf" , ~":/ \.A,~ 0, ,I.,) '~\;J/ ~ 2 AFFIDAVIT OF INVESTIGATION PURSUANT TO PA.R.C.P. NO. 430(a) I, E. Ralph Godfrey, Esquire, being duly sworn according to law, deposes and says that: 1. I am the attorney of record in this matter for Plaintiff, and I am over eighteen (18) years of age. 2. On February 2,2005, an annulment complaint was filed with the Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania. 3. Defendant is a transient with no permanent home and stays at various shelters and VA hospitals. 4. The present whereabouts and/or a correct mailing address of the Defendant is unknown. 5. following: A good-faith investigation as to ascertain the Defendant's residence was made and includes the unsuccessful; A. Attempts to locate Defendant through local taxing authorities, but these attempts were B. Inquiries to the local postal authorities as to Defendant's address, however, this information was not available. C. Attempts to look in the local telephone book for the Defendant's name and address, but these attempts were unsuccessful; D. Attempts to contact the VA Hospital; E. Attempts to obtain his address through his bank; 6. The existence of any relative(s) of the Defendant is unknown; and 7. No information concerning any possible friends of the Defendant is available. 8. Plaintiff has exhausted all efforts in ascertaining Defendant's whereabouts and is unable to determine same. The above allegations are true and correct to the best of my knowledge, information, and belief. a / E.R~~ Attorney for Plaintiff E.h.. \'. t- "(J 1/ C) -1:"1 ...,., f~n C;'J I CO -r:> -',',,, r',.) z- _l yI 00 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDY L. STINE, v. NO. 05-590 Defendant CIVIL ACTION - LA W IN ANNULMENT MICHAEL J. McDONALD, ORDER AND NOW, this II~ay of ~ ,2005, upon consideration of Plaintiffs Motion for Alternative Service of Complaint by Publication, it is hereby ORDERED as follows: I. Plaintiffs Motion for Alternative Service of Complaint by Publication is GRANTED; and 2. Service of the Complaint in the above caption matter shall be made pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure. BY J. ,0'::> ,'}'? O?r . Salzmann Hughes, p,c. BY: E. Ralph Godfrey, Esquire Attorney 1.0. No. 77052 95 Alexander Spring Drive Suite 3 Carlisle, PA 17013 (717)249.6333 Attorney for Plaintiff JUDY L. STINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-590 MICHAEL J. McDONALD, Defendant CIVIL ACTION - LAW IN ANNULMENT PROOF OF SERVICE BY MAIL I, E. Ralph Godfrey, do hereby certify that on March 26, 2005, a copy of the attached Notice was published in The Sentinel and on April 8, 2005 a copy of the Notice was published in the Cumberland County Law Journal. Attached please find the Proof of Publications for both newspapers. SALZMANN HUGHES, P.C. -------- -- E. Ra ph God y, Esquire Attorney . No. 77052 95 Alex nder Spring Ro Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorneys for Plaintiff Dated: ct/7-0 S~ I ( PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Sales ]vlanager , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) March 26, 2005 COPY OF NOTICE OF PUBLICATION ~OTJCE - Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. ell J ,,--:1\.,n'ln,,"( -,c)...Lt(n(A~"-\>iJ.... .J In the Court of Common Pleas Cumberland County, PennsYlva~ia File No. : 05.590 JUDY L. ST1NE, Plaintitt v. MICHAEL J. McDONALD, Defendant CIVIL ACTION- LAW IN ANNULMENT Sworn to and subscribed before me this 30th. day of March,,1Q05 If you wish to delend, you must enter a written appearance p.ers~:>nall.y or ~v attorney and file your de. fenses or O~lectlOns In wrltmg with the court You are warned that If you fail to do so the case may proceed wrrhO~t you and a jUdgement may be entered against you wlt.ho.ul further notice for the relief requested by the pl~lntltf. You may lose money or property or other nghts Important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IFYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE GO TO OR TELEPHONE THE OFFICE SET FORT'H BELOW THIS OFFICE CAN PROVIDE YOU WITH . INFORMATION ABOUT HIRING A LAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WrTH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 E. Ralph Godfrey, Esquire SALZMANN HUGHES, P.C. 95 Alexander Spring Road Suite 3 Carlisle, PA 11013 My conunission expires: "!jt !rJf CUMMUNWEAL fH OF PENNSYLVANIA ! Notarial Seal I Chnstina L. Wolfe. Notary Pu!>ic Carlisle Boro. Cumberland County My Commission Expires Sept '. 2008 Member, PennsylvaniA Association Of Notades , .' , PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 8, 2005 Affiant further deposes that he is authorized to verifY this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SW TO AND SUBSCRIBED before me this 8 day of April, 2005 ) / Al SEAl LOIS E. SNYDER. Notary Public CaIIisIe Boro. Cumberland County My Commis8ion Expires March 5. 2009 ... , CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas. Cumberland County, Pennsylvania File No.: 05-590 JUDY L. STINE. Plaintiff v. MICHAEL J. McDONALD. Defendant CIVIL ACTION-LAW IN ANNULMENT If you wish to defend, you must enter a written appearance person- ally or by attomey and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may pro- ceed without you and a judgment may be entered against you without further notice for the relicf re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER 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. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAW- YER. IF YOU CANNOT AFFORD TO HIRE A LAWYER. THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (7] 71 249-3] 66 E. RALPH GODFREY. ESQUIRE SALZMANN HUGHES. P.C. 95 Alexander Spring Road Suite 3 Carlisle, PA 17013 Apr. 8 4 ----- -" ~") c:) ".. i ;., , 0'; c...-~ - -------- - E. Ralph Godfrey, Esquire Salzmann Hughes, P.C. Attorney I.D. No. 77052 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorney for Plaintiff JUDY L. STINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-590 MICHAEL J. McDONALD, Defendant CIVIL ACTION - LAW IN ANNULMENT PLAINTIFF'S MOTION FOR ANNULMENT AND NOW COMES Plaintiff, Judy L. Stein, by and through her attorneys at Salzmann Hughes, P.C. and files this Motion for Annulment, in support of which Plaintiff avers as follows: 1. Plaintiff filed a Complaint on or about February 2, 2005 asking the Court to grant Plaintiff an annulment pursuant to 93303 of the Divorce Code. 2. Pursuant to this Court's Order of February 18,2005, the Complaint was served upon Defendant by publication in The Sentinel on March 26, 2005 and in the Cumberland Law Journal on April 8, 2005. (See proof of publications attached hereto and incorporated herein as Exhibit "A"). 3. On September 16,2005, Plaintiff served Notice of Default by publication in The Sentinel and in the Cumberland Law Journal on September 16, 2005. (See proof of publications attached hereto and incorporated herein as Exhibit "B"). 4. Defendant has failed to file a response to Plaintiff's Complaint. WHEREFORE, Plaintiff requests this Honorable Court to enter default judgment in favor of Plaintiff and issue and Order granting the Annulment requested by Plaintiff. SALZMANN HUGHES, P.C. E. Ralph frey, Attorney I.D. No. 95 Alexander Spri Suite 3 Carlisle, PA 17013 (717) 249-6333 Attorney's for Plaintiff r Date: C(~ 70 rO.> PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tanuny Shoemaker, Classified Sales lvlanager ,of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regula:r editions and issues of THE SENTINEL on the following day(s) March 26, 2005 COPY OF NOTICE OF PUBLICATION NOTICE Affiant further deposes that hel she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are tiu.e.{'/\ . L. ~::o,.~"fY\ '(I.\.l_<0{jj\1j.I'v\9l ef- t I.J In the Court of Common Pleas, Cumberland County, Pennsylvania File No. : 05:"'590 JUDY l. STINE, Plalntiff v. MICHAELJ. McDONALD, Defendant CIVIL ACTION- LAW IN ANNULMENT Sworn to and subscribed before me this 30th. day of March, 2005 If you wish to defend, you must enter a written appearance ~ers~maU'y or by attorney and file your de- fenses or objectIOns In writmg with the court. You are w~rned that if you fail to do so the case may proceed wltho~t you and a"Judgement may be entered against you wl~h~ut further notice for the relief requested by t~e plaintiff. You may lose money or property or other nghts Important to you. 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 THIS OFFICE CAN PROVIDE YOU WITH . INFORMATION ABOUT HIRING A lAWYER. IF YOU CAN NOT AFFORD TO HIRE A LAWYER THIS OFFICE MAY BE ABLE TO PROVIDE YOU WfTH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (!)uldfAo..l ' My commission expires: q/ f (Oi' E. Ralph GOdfrey, Esquire SALZMANN HUGHES, P.C. 95 Alexander Spring Road Suite 3 Cadisle, PA 17013 COMMUNWEA. fH OF PENNSYLVANIA 1 Notarial Seal , Chnsl1n3 L WdIe. Notary Pullllc I Ca~isle 80m. CUrrileI1and County , My Commissi<lIl Expires Sepl1, 2008 Member. Pennsylv,ania Association Of Notaries EXHIBIT I A PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOVRNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 STATE OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law J ouma1, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz April 8, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SW TO AND SUBSCRIBED before me this 8 day of --Am'i!. 2005 SEAL. LotS E. SNYDER. Notary PWlic C8JI8Ie Bolo. CllIIlberl8nd County My CommiI8lon EIlpiru MardiS, 2009 CUMBERLAND LAW JOURNfIL NOTICE In the Court of Common Pleas. Cumberland County. Pennsylvania File No.: 05-590 JUDY L. STINE, Plaintiff v. MICHAEL J. McDONALD. Defendant CIVIL ACTION-LAW IN ANNULMENT If you wish to defend. you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you faU to do so the case may pro- ceed Without you and a judgment may be entered against you without further notice for the relief re- quested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER 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. THIS OFFICE CAN PROVIDE YOU WITH INFOR- MATION ABOUT HIRING A LAW- YER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE- GAL SERVICES TO ELIGIBLE PER- SONS AT A REDUCED FEE OR NO FEE, Cumberland County Lawyer Referral Service 32 S. Bedford Street CarlIsle, PA 17013 (7171249-3166 E. RALPH GODFREY, ESQUIRE SALZMANN HUGHES, P.C. 95 Alexander Spring Road Suite 3 Carlisle. PA 17013 Apr. 8 4 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemahr, Classified Advertising Manager , of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13m, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) September 16, 2005 COPY OF NOTICE OF PUBLICATION :. Ralph Godfrey, Esquire ialzm.nn Hughes, P .c. ~ttorn.y J.D. No. n052 IS Alexander Spring Road, Suite 3 :.rI18.8, PA 17013 7171 249-Q33 Ittorney for'Plalntiff UDV L. STINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYlVANIA 1010,2005-590 CIVIL ACTION -LAW IN ANNULMENT v, UCHAEL J. McDONALD, Defendant 0: Michael J. McDonald 337 West Ridge Street Carlisle, PA 17013 ATE OF NOTICE: September 16, 2005 IMPORTANT tIQ!!l;g OU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE ACTION REQUIRED OF YOU IN THIS CASE, UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGEMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. OU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE, 'FYOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 Bedford Street Carlisle, PA 17013 717-249-3166 SALZMANN /iUGliES, P,C, E. Ralph Godfrey; Esquire Attorney 1.0. No. 77052 95 Alexander Spnng Road, Sulls 3 Carlisle, PA 17013 (717) 249-6333 . Attorney's for Plaintiff Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice OT advertisement, and that all allegations in the foregoing statement as to time, plaCE' and character of :?;;:;~~ i?5kft~ Sworn to and subscribed before me this 21st day of September, 2005, GA ' . Ii Jaa /t.,rJ-o' . u~r;g~ Notary P ic My commission expires: q !I/at COMMONWEAL{ H Of PENNSYLVIl.NIIl. ~ Notarial Seal Chnstina L. Wolle. NoIari Public CatlisIe Born, eumbelland Coonly My CommisSIOn Expires Sept. 1. 2008 , Member. Pennsylvarli~ AssociatIon 01 Notaries EXHIBIT I .B PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOl.JRNAL (Under Act No. 587, approved May 16, 1929), P. 1.1784 COMMONWEALTH OF PENNSYL VANIA ss. COUNTY OF CUMBERLAND Lisa Marie Coyne, Esqnire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 16, 2005 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. ',,- SWORN TO AND SUBSCRIBED before me this 16 day of September. 2005 ~:").i. b:!~-1/ NOT,~RI LSEAL J LOIS E SNYDER, No!ary Pub~ic Cariisi~~ 601"0, ~nmb:;(land County I"', CiH1'.mis"DC bp",,', M"rcr, S. 2()[;'1 . ._,,....,,...... ..... CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County. Pennsylvanta Civil Action-Law In Annulment No. 2005-590 JUDY L. STINE. Plaintiff v. MICHAEL J. McDONALD. Defendant TO: MICHAEL J. McDONALD 337 West Ridge Street Carlisle. PA 17013 DATE OF NOTICE: September 16. 2005 ]MPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU FAILED TO TAKE THE AcrION REQUIRED OF YOU IN TIllS CASE. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF TIllS NOTICE. A JUDGMENT MAY BE EN. TERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPER1Y OR OTHER IM- PORTANT RIGHTS. YOU SHOULD TAKE THIS NO- TICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE. GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNlY BAR ASSOCIATION 32 Bedford Street Carlisle. PA 17013 (7]7) 249-3166 E. RALPH GODFREY. ESQUIRE Attorney J.D. No. 77052 SALZMANN HUGHES. P.C. Attorneys for Plaintiff 95 Alexander Spring Road Suite 3 Carlisle. PA 17013 (717) 249.6333 Sept. 16 2 o c ~ <=" (:1' o C' -, \ ;;- q, ::? .....,--,:!} , c., ~?;:~_:( ,:,(,) !);;?, --\ " ~:t _..;~ - .-."'" .----'... ~ c;:: .- .- E. Ralph Godfrey, Esquire Salzmann Hughes, P.C. Attorney I.D. No. 77052 95 Alexander Spring Road, Suite 3 Carlisle, P A 17013 (717) 249-6333 Attorney for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA JUDY L. STINE, v. NO. 2005-590 MICHAEL J. McDONALD, Defendant CIVIL ACTION - LAW IN ANNULMENT MOTION FOR HEARING OR. IN THE ALTERNATIVE. MOTION FOR APPOINTMENT OF MASTER AND NOW COMES Plaintiff, Judy L. Stein, by and through her attorneys at Salzmann Hughes, P .C. and files this Motion for Hearing or, in the alternative, Motion for Appointment of Master with respect to the annulment and in support of the motion states: 1. Discovery is complete as to the claim for which the appointment of the master is requested. 2. The non-moving party has not appeared in this action personally or through an attorney. Service of the Complaint has been accomplished by Publication. 3. The statutory grounds for the annulment are that she was fraudently coerced into the marriage and that the fraud and coercion consisted of: (1) Defendant's intentional isolation of Plaintiff from her family in order to obtain her assets; (2) failure to alert Plaintiff to Defendant's psychological problems; (3) Defendant's tendency towards violence; (4) Defendants failure to disclose his prison record; and (5) Defendant's inability to keep employment and support Plaintiff. 4. The action is not contested. 5. The action does not involve complex issues oflaw or fact. 6. The hearing is expected to take one (1) hour. 7. Plaintiff requests that she be permitted to provide notice of the hearing by publication because she has been unable to locate Defendant and has not had an contact with him for almost one year. WHEREFORE, Plaintiff requests this Honorable Court to either schedule a hearing or to appoint a master so that the annulment can be granted. Furthermore, Plaintiff respectfully requests that she be permitted to serve the notice of the hearing by publication. SALZM Date: - ~ ieJ / 1 ,C) ) ....' C? """ o;,f\ o <". -, - o q, .-' '" - f"f:., ":S;'cj '~ 1';- s ;;:- -' . \ ..,":.~ - '~r;" ':::<t ~~ p ", ~ "'> 2? -., -... c:-, ~ ",'f ~ .t:- " - Plaintiff o RECEIVED OCT 06 Z0051U\,^ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA ~; JUDY L. STINE, v. NO. 2005-590 MICHAEL J. McDONALD, Defendant CIVIL ACTION - LAW IN ANNULMENT ORDER ~ ~ AND NOW, this i day of (j , 2005, upon consideration of Plaintiffs Motion for Annulment, it is hereby Ordered and Decreed that Plaintiffs DfCNi€.o Wi#cI"I,:t f.J..~s",-rL.c.~. Motion is W"UltB@ ana PlmntiffB ~,f!~lliab~ t..., E)""fvuaa.uL, ~Iidli1t::I J. IVICUUllC11d vf--. .QstSBeI 19,2991 iJ a.LllJ.yIlv8. J. In o .. ~ c:: ,- I ,- C) o t..,-::. c.:::-:. C:'::;':l ~... JUDY L. STINE, Plaintiff v. MICHAEL J. McDONALD, Defendant R~^" ,'.;,- :..Lc., f......J \.-,-" $ " ' ~.1 .;lJrJl IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO, 2005-590 CIVIL ACTION - LAW IN ANNULMENT ORDER AND NOW, thiS''f' day of O~ , 2005, upon consideration of Plaintiffs Motion for Hearing or, in the alternative, a Motion to Appoint a Master, a 4;00 .1-.. "--, J...H hearing is scheduled for I a.m.!,.,N, on '''--'''7 ,2005 in Court Room r- oS in the Cumberland County Courthouse located at 1 Courthouse Square, Carlisle, PA 17013, IT IS further ORDERED and DECREED that Plaintiff shall serve this ORDER by publication in the Sentinel and the Cumberland County Law Journal. J, u ..YY) SS :Z 1\,1 '.1.1 'c I '''''0 cDnl I J.,y) Uv :lO JUDY L. STINE, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2005-590 MICHAEL J. McDONALD, Defendant CIVIL ACTION - LAW ANNULMENT MEMORANDUM OPINION AND ORDER OF COURT After hearing, we find as a fact that the Defendant led Plaintiff to marry him and had no intention of carrying out his marital duties to support her. Rather, we find as a fact that the main reason he married her was to obtain an increase in Veteran's benefits and left her shortly after having obtained said increase. Consequently, the marital contract was obtained by fraud on the part of the Defendant. Therefore, we will enter the Order that follows: ORDER OF COURT AND NOW, this 14th day of December, 2005, the Court having found that the marriage was based upon a fraud perpetrated by the Defendant, the annulment is granted. Michael J. McDonald Pro se Whereabouts unknown ~ D----) -.CtJ/ // \\l \ 1--' ,i. Ralph Godfrey, Esquire ~ For the Plaintiff srs r:. ., , "