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Home My WebLink About05-2974 DANNA M. BIRDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE DAVID J. DREWS, Defendant NO. 05- ;)914 CIVIL TERM 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 right 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, LA WYER'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 LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, P A 17013 (717) - 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. . -'0 . DANNA M. BIRDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. CIVIL ACTION-LA W DIVORCE DAVID 1. DREWS, Defendant NO. 05- ~ r 7'1 CIVIL TERM DIVORCE COMPLAINT UNDER 23 Pa.C.S. ~~ 3301(c) and 3301(d) The plaintiff, Danna M. Birdwell, by her attorneys, the Family Law Clinic, sets forth the following cause of action for divorce: I. Plaintiff is Danna M. Birdwell, who currently resides at 1183 NewvilleRoad, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is David 1. Drews, who currently resides at 1825 Pine Grove Avenue, Colorado Springs, EI Paso County, Colorado, 80906. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married in February of2003, in West Palm Beach, Palm Beach County, Florida. 5. Plaintiff and Defendant have lived separate and apart since July of2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff or Defendant may have the right to request that the court require the parties to participate in counseling. -- WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. ,-, ~ ( R1:~/t ~ -71 THOMAS PLACE (/ LUCY JOHNSTON_ WALSH ANNE MACDONALD-FOX Counsel for Defendant Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 - I VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. 94904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, infonnation and belief Dated: Co / I I oS- ~~~~;rJl1~ - ~ -<1 ;\J S:2 .~~ ' ~';. , ,. t; ::2 c..) 00 8 '" C';-oJ c:::> <:.:.Il o " ..... :J:-n rnp -ari1 g~ <~~ (';5 ~~~nl -.:> ~j~ .', c_~ ~ I \..0 -0 :Jll: DANNA M. BIRDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE DAVID J. DREWS, Defendant NO. 05- 297'1 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Danna Birdwell, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. ~ J~ UNl Date: '/~ ROBE INS THOMA PLACE LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX Counsel for Defendant Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 170 I3 717-243-2968 ,,> c...} 0 C:;:) c..;", -'n c.... ::::J ~,~~ m:J::J r- I .:::(n \D ;J('? '"'t> ~:;:H~ , -,,- :~~;? i.j C -" c- <;-? (3rn Z ~'~.J ::2 :l> ...0 OJ '-< DANNA M. BIRDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW DIVORCE DAVID J. DREWS, Defendant NO. 05-2974 CIVIL TERM PROOF OF SERVICE I, Jeffrey Stovall, hereby certify that I am a competent adult and that I served a true and correct copy of the above captioned Complaint for Divorce on the defendant, David J. Drews, by sending, on June 29, 2005, a copy of the same via certified, restricted delivery mail with return receipt requested, addressed as follows: David J. Drews 1825 Pine Grove Ave Colorado Springs, CO 80906 Sender's receipt no. 7005 0390 0003 2632 4730 is attached hereto and incorporated by reference. On the 7th day of July, 2005, return receipt number 7005 0390 0003 2632 4730 was delivered to the Family Law Clinic, bearing the signature of David J. Drews and showing a date of service of July 2, 2005. Return receipt number 7005 0390 0003 2632 4730 is attached hereto and incorporated by reference. I understand that making any false statement would subject the Family Law Clinic to penalties under 18 Pa. C.S. ~4904 (relating to unsworn falsification to authorities). .-:"J (~ tozYJ Date. VI.- '1 / F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 . Complete Items 1, 2, and 3. Also comple1e nem 4 If Restricted DelIvery Is desired. i . Print your name anq address on the reverse that we can return the card to you. this card to the back of the mallplece. front If space parmlts. to: DAgen! Addressee C. Os e 't/cnor D. Is deliVery addfess dfffel9nt from item 11 0 Yes If YES. enter delIVery address below: e No ~ee.\~ f\e\Utt'\ ~ed f\6C\Ues On wo PI r1l t'YDYL MU1Ve.... ~pnr'3;" to "6090LP 3. S"!)I1ce Type I!l'Certlfled Mall 0 Ij><prese Mall . o Registel'ed [3"R6tum ReceIpt for Merchandise o Insured Mall 0 C.D,D. 4. Restricted Delivery? (Extra Fee> ila'Ve. 2. 7005 0390 0003 2632 4730 PS Form 3811, Februery 2004 DomeStic Retum _elpt 102S9&o02-M-1540 o m f'- ::r U.S. Postal Service,., CERTIFIED MAil.., RECEIPT (DomestIc Mall Only No Insurance Coverage ProvIded) OFFICIAL. USE -.". $ ,{p 0 "-.. Fee - '..30 / 7 050 Total_e&F... $ ~ IS \! ~ , . ~ ~'Box'No.;hle~n~..:t7;;.::'::~'-""",,;;,,-+;;C. ;<.';' .............................__..............'?Vc m- ~"., d r: CD-..-giiioT~.............. ru m ..n ru m o o Retum Receipt Fee o (Endorsement Required) o RestrlctedDellvelyFee U" (Endo......... Raqulted) fT1 CJ o c: ,,!.' c__ ~~ ~ , ", = = C:.J'1 L- F~ o ..,., --\ ,- fi,:::D ,- :88 .:-) I :::-:~ ~:;) ~~;; :;J -< en 2~ ~ N en CO DANNA M. BIRDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE DAVID J. DREWS, Defendant NO. 05-2974 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce illlder g3301(c) of the Divorce Code was filed on Jillle 9,2005. 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. g4904, relating to illlsworn falsification to authorities. Date \ 0"1 \ " 05 ~ . fA' Plaintiff <t:;)QVV,,-"^-..G\-.. V.~'uUUt'.~~. Danna M. Birdwell ('-..) () c:.,:~ "n en \.......) -~. ~:'.? f',) ()"; DANNA M. BIRDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE DAVID J. DREWS, Defendant NO. 05-2974 CIVIL TERM 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 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. s4904 relating to unsworn falsification to authorities. Date \ Do \ \" 05 /V~& anna M. Birdwell, Plaintiff .~ ....,:) --.~. --, '';':\\ ;,"",:' f''') \".\ DANNA M. BIRDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE DAVID J. DREWS, Defendant NO. 05-2974 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated in July, 2003 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. !}4904, relating to unsworn falsification to authorities. Date Q.~ .Cilo ~)^A",-^ t>. _ ~ /\ " ami'M. Birdweli, - , Plaintiff '";) . J. ,/I n '\r~ ~" C::J <-:,::> 0-' (~ ., ::y! hi::T\ ~ ,,, ~:/ ." rl CO 1 Co :~; ~-"~ }f;~ , , ~; ~J:-J ~'- 1'<) 0"-, . DANNA M. BIRDWELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY DAVID 1. DREWS, Defendant : No. 05-2974 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: unilateral no fault under S330 I (d) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. David James Drews, July 2, 2005. 3. Date of execution of the Affidavit required by ~ 3301(d) of the Divorce Code: February 2, 2006. Date of filing of Plaintiffs Affidavit: February 8, 2006. Date of Service of Plaintiffs Affidavit upon Defendant: February 13,2006. 4. Related claims pending: none. 5. Notice ofIntention to Request Entry of Divorce Decree with Counter-Affidavit was served on Defendant by regular U.S., first-class mail, on March 13,2006, a copy of / wh;,h;, ""',h,d. ~ ~ r~ / Ob-- J -::-y' D te I all William G. Martin Supervising Attorney F AMIL Y LAW CLINIC 45 N. Pitt Street Carlisle, P A 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff - , DANNA M. BIRDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE DAVID J. DREWS, Defendant NO. 05-2974 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: David J. Drews, Defendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 9 330 I (d) affidavit. Therefore, on or after APi/'iI 3, 2006, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 South Bedford Street Carlisle, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. ',;,\ - 'i"'::' t~ DANNA M. BIRDWELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE DAVID J. DREWS, Defendant NO. 05-2974 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER 93301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): () () (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): () (i) The parties to this action have not lived separate and apart for a period of at least two years. () (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ( ) (a) I do not wish to make any claims for economic relief. 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. () (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. . .. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date David 1. Drews, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. >..-' t , . ' + + '+; '+; + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + .+ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + , + + + + + + + + + + , + + + + + + + + + + + + + + '+; +:+' :f.~c+.'+;:f.++:f.++ :+.:f.+:f.:+::f. ~:f.:+;+ ++ ++:+::+;,+,:+;++:+.'1-:++ :+::f. + '+' + +++ + '+; + '+' c+. +;+;:+ + + + ;+; :+; :+ c+. +. +. + + + + + + + + + + + + + + + + + + + + + + + + + + , + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. nn.NNn. RTRnWRTT.. M No. ;>'174 Plriintiff VERSUS DAVID ej. DREWS. DpfFnoant DECREE IN DIVORCE AND NOW, c<:p..'1 11 . ~... , IT IS ORDERED AND DECREED THAT DANNA M. BIRDWELL AND DAVTD ,). DREWS ARE DIVORCED FROM THE BONDS OF MATRIMONY. ;>fWS , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT + + + PROTHONOTARY + + + + ;+;:+:++:+c+.c+.+c+.+ ++++ ++;+; +++ +c+.:+;+;+;+;++++++++++++++++++++++:++++:+++++++;+;++c+.++:++ ? NONE J. ..~ ;Z~' ~?)#>7:''j/;:' ~:"./~ . 7 ;/ ..7- /fr.,p-1-'f/ ~ 1'C~l ..... . . 'll,:?5\'.' /r ~7.l'5 t' II