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HomeMy WebLinkAbout05-3275 DAWN A FERGUSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NODS-J.ns Civil Term VINCENT D. FERGUSON, Defendant : Civil Action - In 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 claim of 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 grounds 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 the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DAWN A FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, Civil Term VINCENT D. FERGUSON, Defendant Civil Action - In Divorce NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, as amended, you may request that the Court require you and your spouse to attend marriage counseling prior to a Divorce Decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling services are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this Notice. Failure to do so will constitute a waiver of your right to request counseling, DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO.O.$"-;'.2:?S Civil Term VINCENT D. FERGUSON, Defendant Civil Action - In Divorce COMPLAINT COUNT I . Divorce 23 Pa. C.S.A. ~3301(c) 1. Plaintiff Dawn A. Ferguson, is an adult individual residing at 6217 Charing Cross, Mechanicsburg, Cumberland County, Pennsylvania 17050. 2. Defendant Vincent D. Ferguson, is an adult individual residing at 7301 Germantown Boulevard, Philadelphia, Philadelphia County, Pennsylvania 19119. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 30, 1980, in San Diego, California. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There have been no prior actions of divorce between the parties in this or any other jurisdiction. 2 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The marriage is irretrievably broken. 9. 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. 10. Plaintiff avers that there was one child born of this marriage, namely Vincent Caesare Ferguson, born August 24,1982. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. ~. " ! '.. " By. ", .. ,t'" , John R. Fenstermacher \ Supreme Court I.D. #29940 5115 East Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: June 21, 2005 3 VERIFICATION I, Dawn A. Ferguson, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. 94904 relating to unsworn falsification to authorities. By: -;t i ; D:~~~~}~~~~Oc-~ DATED: ;Li Cjf<-''-C ,-)<:.'DJ -&q.. () -- 1- ~ ~ -- - 8 ~~~ ~..() \- rCY-1 ~?- ." '-1 G -, t:: ;;:- OJ . . . . . . . + + . + . + + . . . + + . . . + . + . + + . + . . . . . . + . . . . + . . ;Ii.., Of.:f.:f.;+: Of Of Of. ;+;:f.:+: ;+; :t it:;+ ;+; . .. . . '+';+; .f' . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY *. STATE OF '" ,. """ . 'Ii ';;"(':";;;>""'(;' ,_,'/'~"'~ OF PENNA. DAWN A. FERGUSON Plaintiff NO. 05-.3275 VERSUS VINCENT D. FERGUSON Defendant DECREE IN DIVORCE AND NOW, Dc-c." 1ftJ~"'] 2 7--, 2005 , IT IS ORDERED AND DECREED THAT Dawn A. Ferguson ________. PLAINTIFF. . AND Vincent D. Ferguson ._~. 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. . + /i il . . . . ~o . ATTES J. . . -- . . .. .. . . .. + .. .. . . . . .. . . . + . . . . . . . . . . . . . . . . . . . , . . . . . . . , . . , . . , , . , , . . . , , + + . . + . . . . . . , . , . . . . . . . . . . . . . . . . . .. 'd-r ~ ?p~m1/ l~ 7'.>9'1< 1j~~~ fi:>; -P /7:J'7~K/~~) ;P11 . .j ~.,....\ ~J \ . " .... . t. ." -, .\." ...... \' ~^\,~\. .. J(j. t.~ e/ ~C (C' 6 OS"- ...:?':<'7S C 0d \~)I L2-J C c-P .r fR.u1 0:_ C~'['L ~kJ-ry . Complete Items 1, 2, and 3. Also complete Item 4 If Restriclad Delivery Is desired, . Print your name and address on the reverse 10 that we can return the card to you. . Attech this card to the back of the mall piece, or on the front If space pennlts. 1..'.~Arttcle Addressed to: V1..MWtt ]).j..lJ(r'-S(]).) 7301 ~/!.J..ud.. f(J It dll d. , I pftUJ., PA ICJ 1/9 2. Article Number (T""'sfer from service label) PS Fonn 3811, August 2001 B. Received by ( Prin G. Date of DeHvery DYes DNa different from item 11 ~dress below: ,Ji' i -:/?.., ,t"' , b" 11'.& ilI~ 0 Exp.... Mail [J Registered 0 Retum Receipt for Melclwdee o Inaured Mall 0 C.O.D. 4. Reatricted Dellv..y1 (E<tta Fee) 0 Yes 7001 1940 0006 8634 3815 102515-02-M-1540 DomestIc -.... _ o f;.,~~ ...' C C <- -;; C ';-1" r c T"t- ~ ,- ," .... DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, : NO, 05-3275 Civil Term VINCENT D, FERGUSON, Defendant Civil Action - In Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 27,2005, 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the 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, 4, I have been advised of the availability of marriage counseling, and understand that I rnay request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, .. , .. 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,SA Section 4904, relating to unsworn falsification to authorities. DATE: Oc,( & J C;SOO!; -~-----_.~"--- ( " r-' ~~::r (':':) ,;-->' ,.... () -';. i,' l~, ':"') CO \.'J c"", -,-, DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-3275 Civil Term VINCENT D, FERGUSON, Defendant Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1 , 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. understand that false statements herein are made subject to the penalties of 18 Pa, C.S.A. Section 4904, relating to unsworn falsification to authorities, ~<J~2 Vince D, Fer. on ~ ~i: C~ 'J ",'j :::;-, r,) c~:' ~f) en DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-3275 Civil Term VINCENT D, FERGUSON, Defendant Civil Action - In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 27,2005, 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the filing and service of the Corn plaint. 3, I consent to the entry of a final decree of divorce after service of Notice of Intention to request entry of the Decree, 4, I have been advised of the availability of marriage counseling, and understand that I rnay request that the Court require that my spouse and I participate in counseling, I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, , 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.SA Section 4904, relating to unsworn falsification to authorities. DATE: ~' If" -',-. ,'>-, ,) C:'^ C ;!.( c' 5 . -1 (/ / / /C ,K.<zJ ( I:,., ( A . C:,L' (, 'u '^c. "'L Dawn A. Fergusorf J ".:..~ i'") - _, :::,1 ~~~., .-" -"C (\1 i'--' c- .,1" (,."\ ~-- -.' -------- - DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-3275 Civil Term VINCENT D. FERGUSON, Defendant Civil Action - In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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. understand that false statements herein are made subject to the penalties of 18 Pa, C,S.A. Section 4904, relating to unsworn falsification to authorities, /' .. /,..-;., ,,' ,I ,'; ,( 1,1 1/ /,i::.<{It.'(), ,,~,.{ ','1<<-(" ., Dawn A. Ferguson / ,I) ...~ "J.t) -~--' f'''''''''1 = ..;;::::' c-_ I C) (j --1 ~J- r',,) C) l..'~) (.n . DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA v. NO. 05-3275 Civil Term VINCENT D. FERGUSON, Defendant Civil Action - In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under S3301(c) of the Divorce Code 2. Date and manner of service of the complaint: Certified mail (receipt attached) on October 3. 2005 3. Date of execution of the affidavit of consent required by S3301 (c) of the Divorce Code: by plaintiff October 3, 2005; by defendant October 6, 2005 4. Related claims pending: None, 5. Date of plaintiffs Waiver of Notice in S3301 (c) Divorce was filed with the Prothonotary: Filed herewith Date defendant's Waiver of Notice in S3301 (c) Divorce was filed with the Prothonotary: Filed herewith IJo n R. Fenstermacher ! Supreme Court 1.0. #29940 \ ! 5115 East Trindle Road ..J Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff ':'r:"1 ;"-,) (}'"1 _.i DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW VINCENT D. FERGUSON, Defendant NO. 05-3275 CIVIL TERM ORDER OF COURT AND NOW, this 15t day of December, 2005, upon consideration of Plaintiffs Praecipe To Transmit Record, and it appearing that both affidavits of consent were stale when filed, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit. BY THE COURT, John R, Fenstermacher, Esq, j 5115 East Trindle Road Mechanicsburg, PA 17050 Attorney for Plaintiff J. p. - }4J S {111J ~ .]14> :rc I' ; DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 05-3275 Civil Term VINCENT D. FERGUSON, Defendant Civil Action - In Divorce PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 27, 2005. 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the 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. 4, I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, .. 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.SA Section 4904, relating to unsworn falsification to authorities, DATE: " dtu / V -2tic}.)- / ~"/ /~(()'---j!d 5/~<-.L- Dawn A. Fer son . '" = 0 C:.J C,J"1 -n = ::;1 pq fi';::!J co e- N -on1 1 ::'T)l-=' C) I __Ie) ""D ~~{ ~" -<.". ::2 ~t <- d'-" .D en -< , -- DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3275 Civil Term VINCENT D, FERGUSON, Defendant Civil Action - In Divorce DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1, A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on June 27, 2005. 2, The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of both the 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. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counseiors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court, .. 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. Section 4904, relating to unsworn falsification to authorities. DATE: (2.VE<:. 2001 d ~ n ,~j <:.-::::> C:-;':l <'...n c::> p'l C") N o -n .-1 -.1:..,-, ~~6 '"uu ..._, J_ '. ,-,-( \ d~ ,~ ....; -,'". ":J '-< -v :J':: .!;.- 0' l DAWN A. FERGUSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO, 05-3275 Civil Term VINCENT D, FERGUSON, Defendant Civil Action - In Divorce PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record. together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 93301 (c) of the Divorce Code 2. Date and manner of service of the complaint: Certified mail on July 1. 2005, copy of receipt submitted November 28, 2005 3. Date of execution of the affidavit of consent required by 93301 (c) of the Divorce Code: by plaintiff December 16. 2005; by defendant December 12. 2005 4. Related claims pending: None, 5. Date of plaintiff's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Filed November 28. 2005 Date defendant's Waiver of Notice in 93301 (c) Divorce was filed with the Prothonotary: Filed November 28, 2005 John R. Fenstermacher Supreme Court 1.0. #29940 5115 East Trindle Road Mechanicsburg. PA 17050 (717) 691-5400 Attorney for Plaintiff ...., C7.:1 <:::-;::> <;;..J"J o -n ---I :J:-n rn-- -o~ :1<1~) '-::::(/"'\ u,.'-T, 8~~ ;-1 ~~ ~1J .< o PI e, N ::~ en