The URL can be used to link to this page

Home My WebLink About05-2661LYNDA S. DONAGHER, PLAINTIFF V. DONALD C. DONAGHER, JR., DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OS= 02 (??0 / CIVIL ACTION - LAW 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 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 (717) 240-6195, Carlisle Courthouse, One Courthouse. Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 LYNDA S. DONAGHER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. ?S o2 (P(ol ?aAAw_ DONALD C. DONAGHER, JR., : CIVIL ACTION -LAW Defendant : DIVORCE COMPLAINT COUNTI DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Lynda S. Donagher, is an adult individual who currently resides at 3 Penns Way Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant, Donald C. Donagher, Jr., is an adult individual who currently resides at 3 Penns Way Road, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 21, 1978, in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff, Lynda S. Donagher, requests this Honorable Court to enter a decree of Divorce. COUNT II EQUITABLE DISTRIBUTION 8. Plaintiff incorporates herein by reference Paragraphs 1 through 7 above. 9. Plaintiff and Defendant possess various items of both real and personal marital property, which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff, Lynda S. Donagher, requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNT III ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 10. Plainitff incorporates herein by reference Paragraphs 1 through 9 above. It. Plaintiff requires support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff, Lynda S. Donagher, requests this Honorable Court to award her reasonable alimony pursuant to Section 3701 of the Divorce Code. COUNT IV MAINTENANCE OF LIFE INSURANCE UNDER SECTION 3502(b) 12. Plaintiff incorporates herein by reference Paragraphs 1 through 11 above. 13. Plaintiff has no life insurance other than that presently available to her through Defendant and lacks sufficient funds to acquire or maintain a new life insurance policy. 14. Defendant is the owner of a life insurance policy or policies for which Plaintiff is the designated beneficiary or has been the designated beneficiary during the marriage. 15. Without intervention by the Court directing that Plaintiff be maintained as beneficiary. Plaintiff is fearful that the Defendant will change the Beneficiary in order to defeat her interests in the policy(s). WHEREFORE, Plaintiff, Lynda S. Donagher, requests the Court to enter an order directing Defendant to maintain the existing life insurance coverage on his life and further to maintain Plaintiff as sole beneficiary thereunder. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 16. Plaintiff incorporates herein by reference Paragraphs 1 through 15 above. 17. Plaintiff has no adequate means of support for herself during the course of this litigation. 18. Plaintiff does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. 19. Plaintiff has no health insurance other than that presently available to her through Defendant's employment. WHEREFORE, Plaintiff, Lynda S. Donagher, requests that the Court to her alimony pendente lite, counsel fees, costs and expenses. COUNT VI EXCLUSIVE POSSESSION OF THE MARITAL HOME UNDER SECTION 3502(c) OF THE DIVORCE CODE 20. Plaintiff incorporates herein by reference Paragraphs 1 through 19 above. 21. Plaintiff requests the Court to order that she be entitled to exclusive use of the family home on both an interim and permanent basis. WHEREFORE, Plaintiff, Lynda S. Donagher, requests the Court to award her exclusive use and possession of the marital home pursuant to Section 3502(c) of the Divorce Code. Respectfully submitted, NEALON G t7 RY ?. By: 1 James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, Lynda S. Donagher verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. LYNDA S. DONAGHER Dated: <'S r f 7 f 1 .. 6.j or, LA U I LYNDA S. DONAGHER, Plaintiff V. DONALD C. DONAGHER, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-2661 CIVIL TERM CIVIL ACTION - LAW DIVORCE AFFIDVAIT OF SERVICE: I, /Orn ? Iy Zjt6 verify that on the 03 day of May, 2005, 1 served the Defend ant with a true and correct copy of the Divorce Complaint, Interrogatories and Request for Production of Documents by one of the following methods: (CHECK ONE) ( ) Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the day of 2005. The return receipt signed by the Defendant is attached hereto. (XThe Defendant was personally served with a true and correct copy of the above pleading by hand-delivering the same to the Def'enda t. Personal service was 1/_ r on the made at following location and time: ,,2- day of May. 2005, at _d -5° P.m' 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. §4904 relating to unswom falsification to authorities. Date: May q)?, 2005 N 0 emir 'O L ? r n Q o l ) .JL) -?i O Renee K. Simpson Deputy Prothonotary Curtis R. Long Prothonotary office of tb, prt)tbonotarr C,umberla-ab COUntp John E. Slike Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES H OF OCTOBER 2008 AFTER MAI ING NO??VE AND NOW THIS 29T DAY AND RECEIVING NO RESPONSE CE WITH PA AN INTENTION TO pROEREMEIN ETA WITH PREJUDICE IN ACCORD CASE IS HEREBY R C P 230.2 BY THE COURT, CUR.TIS R. LONG PROTHONOTARY ia 17013 • (717) 240-6195 • Fax (717) 240-6573 ,._....t,.,..cP Square • Carlisle, Pennsylvan S