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HomeMy WebLinkAbout05-2142 . JILLYANN. ALBRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS 0 : CUMBERLAND COUNTY, PENNSYLV NIA v. : CIVIL ACTION - LAW DENNIS O'DONNELL, Defendant : NO. 05'- J.N'l- : IN DIVORCE CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth n the following pages, you must take prompt action. You are warned that if you fail to do so, th case will proceed without you and a decree of divorce or annulment may be entered against y u for any claim or relief requested in these papers by the Plaintiff. You may lose money or prop or When the ground for the divorce is indignities or irretrievable breakdown ofthe ma other rights important to you, including custody or visitation of your children. you may request marriage counseling. A list of marriage counselors is available in the Offi e of the Prothonotary at Cumberland County Courthouse, Carlisle, Cumberland Co nty, Pennsylvania, 17013. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO OT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. HIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABL TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LE AL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 " JILLYANN. ALBRIGHT, Plaintiff IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLV NIA v. CIVIL ACTION - LAW NO. .05- ,ZI'fk : IN DIVORCE CIVIL TERM DENNIS O'DONNELL, Defendant COMPLAINT IN DIVORCE NO FAULT I. Plaintiff is JiIlyan N. Albright, an adult individual currently residing at 6 'lltop Drive, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Dennis O'Donnell individual currently residing at 95 Hershey oad, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has be n so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 11, 2001, in Pleasant Hall, Fra lin County, Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parti s. 6. Neither the Plaintiff nor the Defendant are members of the United States A ed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to requ st that the Court require the parties to participate in counseling. Knowing this, Plainti f does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, nine y (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuan to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT II EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth i their full text. 12. Plaintiff and Defendant are joint owners of various items of personal pr erty, furniture, and household furnishings acquired during their marriage which are s bject to equitable distribution. 13. Plaintiff and Defendant are joint owners of real estate located in Cumberland C unty, which was acquired during their marriage and which is subject to equ table distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their m (age which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree eq itably dividing the parties' property and equitable apportioning the debts incurred by the parties. Respectfully submitted, ) ."1 .. 1\ u.h.. Vu., Mary d atas, Esquire Attorney or Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and co ecl. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ection 4904, relating to unsworn falsifications to authorities. DATE: Lj-13 -()~ ~ "'X:> ~ S0 ~ --- ~ '? ~ -a ~ --.. ~ ~ ~ <,).J li>> --c (': ': " ,'1' -- ....... \i\ \ t i? ~ VI V \" .-' .,..:=" ,'<) (j" "r"'" :':"',"j /"', p..) 0\ ~-. \ , "- e q, .-1 ~i:1 ?~~ -:~'\ \~:-) '~ l ':~~C) "~, --',\ i,(_-) '.."')\\\ -r') -. -_.~ ~.? -"'. ..- ;'.')~ :r; ,;..- ., JILL Y AN N. ALBRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : CIVIL ACTION - LAW DENNIS O'DONNELL, Defendant : NO. 05-2142 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this /lJio.ay of ~, 2005, comes Marylou Matas, and states that she mailed a certified and true copy of a Complaint in Divorce to the Defendant, Dennis O'Donnell, at his address of 95 Hershey Road, Shippensburg, Pennsylvania, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating service was made on May II, 2005. 'It C'-''z.L ,a,~ J1i (~'40 Marylou' , Esquire GRIFFI ASSOCIATES 200 North Hanover Street Carlisle, P A 17013 (717) 243-5551 Sworn and subscribed to before me this / 9 ~ day ~f /ILO-<( , 2005. /"K?-kv1~t d~ NOTARY Pl[BLfc NOTARIAL SEAL -nu GOSHORN, NOTARY PUBLIC ""0 BoRO CUMBERLAND COUNTY :&~SStON1jPIRESAPRILl7 2007 -... (") c ;,;-,.. ~~rfi \ ~. r ~~ \ -, ) l l... c.), (, ~-r:l C') --1 ::r: :-il :IJ G~ c.-) c (. JILL Y AN N. ALBRIGHT Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-2142 DENNIS O'DONNELL, Defendant : Civil Action - Law : In Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER !l3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING I. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed April 25, 2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. ( PLAINTIFF'S WAIVER OF NOT OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (c) OF THE DIVORCE CODE Date: ~',~3D.5 I. 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. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information and belief. I understand that false statements her 'n are made subject to the penalties of 18 Pa.C.S. 4904 rela ng to unsworn falsification to a\lth i es Date: 3'd0'ltVS AUGSi - ......, = (:;.::> c>' ~~ ,"..- t,) C,.) - :COl ,.-.:~ :s ~~.' o -0 ::;1 ____-n rne ~~\:~!~\ ::.--:;(.::.) :~)lrn ~~:; ...c '-:? .r::- N JILL Y AN N. ALBRIGHT Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-2142 DENNIS O'DONNELL, Defendant : Civil Action - Law : In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT UNDER 1:l3301(c) OF THE DIVORCE CODE AND WAIVER OF COUNSELING I. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed April 25, 2005. 2. The marriage of plamtiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in 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 to the best of my knowledge, information and belief. 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: 1- 2s - QS- ~~01:c)~ DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER & 3301 (c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that [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 to the best of my knowledge, information and belief. 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: 5-23-o"r ~ IYD~ Dennis O'Donnell 'AUG I \) 'lOO'J .. '''' = c::".> ""' > ~;'~ c..) n -n -4 ~- f'il?] m C? C) -ri ~~ e~; ~3r-n :1:.3 ...( ~ _.~ ; C;;,,? .r:- (.,.) SAIDIS IFF, FLOWER LINDSAY 'QRNEYSeAr.L.AW W. High Street :arHsJe, P A II I JILL YAN N. ALBRIGHT, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 05-2142 DENNIS O'DONNELL, : Civil Action - Law Defendant : 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 Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on May 11, 2005, via Certified Mail, Return Receipt Requested. Proof of service was filed with the Court on June 2, 2005. 3. Date Affidavit of Consent required under Section 3301 (c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 31, 2005 By Defendant: August 31, 2005 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was filed with the Prothonotary: By Plaintiff: August 31 , 2005 By Defendant: August 31,2005 ~=~z SAlOIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 (717) 243-6222 Dated: September 2,2005 SAlOIS SHUFF, FLOWER & LINDSAY AlTORNEYS.AT.LAW 26 W. High Street Carlisle, PA CERTIFICATE OF SERVICE I hereby certify that on this 6th day of September, 2005, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Dennis O'Donnell 95 Hershey Road Shippensburg, PA 17257 2n7~,,~/y:h/#/~. anne M. Bartley Paralegal to Marylou Matas, Esquire ~, o .-...~ .-\ ~~, \np: ~?\3 J::~\ ,>,r\"'- ~;G "~ b ~~,';'t ,:,;"' ,/l ,-c; '.,'v \ u' ((! ...{ r" o - ~~ . . . . ~ . . ~ . . ~ . . ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. ;j; :t::': ;t' :t: :f. . ... . . Of: ;;;;+::t: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JILLYAN N. ALBRIGHT PENNA. STATE OF No. 05-2142 civil VERSUS DENNIS 0' OONNELL DECREE IN DIVORCE 4f-t.. :r AND NOW, , z..co> , IT IS ORDERED AND Ji11yan N. A1briqht DECREED THAT , PLAINTIFF, Dennis O'Donnell 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. . . . . . . . "'~;t.'f+:t: J. . . ./7 ,a .~ ~ ~ PROTHONOTARY . '. . .. . . . . . . , .. . .. . . .. . 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