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Home My WebLink About05-3498 McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile DDurdv@mwn.com Attorneys for Plaintiff DAVID R. POWELL, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ - dLlqf Ci(J~l ~Efl-Y"Y\ MARIE M. (POWELL) DEE, Defendant 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 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 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, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'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 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, PA 17013 (717) 249-3166 or (800) 990-9108 LLACE & NURICK LLC By Attorneys for Plaintiff - 2 - McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Plaintiff DAVID R. POWELL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. MARIE M. (POWELL) DEE, Defendant NO. OS" -.J(jC(! C;L>~L ~~ IN DIVORCE COMPLAINT IN DIVORCE COUNT I Divorce Under 3301(d) of the Divorce Code 1. Plaintiff is David R. Powell, who currently resides at 432 Herman Avenue, Lemoyne, Cumberland County, Pennsylvania. 2. Defendant is Marie M. (Powell) Dee, who currently resides at 1065 Kenmore Avenue, Apartment 506, Kenmore, NY, 14217. 3. Defendant has been bona fide resident in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 26, 1961, at Jamestown, NY. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: Section 3301(d): The marriage of the parties is irretrievably broken. Plaintiff and Defendant separated in February 1962. David R. Powell intends to file an Affidavit contemporaneously with this Complaint alleging that the parties have lived separate and apart for a period of two years and that the marriage is irretrievably broken, and he anticipates that Defendant will not deny that the parties have been separated for a period of at least two years and that the marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives his right to such counseling. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce under Section 3301(d) of the Divorce Code. By Attorneys for Plaintiff Dated: July 8, 2005 - 2 - VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. ~4904, relating to unsworn falsification to authorities. ,. .......-...< '\ ) t( oj \Vl~/ ... Dated: \ ~ G A:J ........ It- ...0 ~ :c: ...., II") n (= 0 -- c-: C~~ " ~ D <.n D L ---i ::r: "" ~ ~ C.: rn f!J "'-Cl ,-- 7J -om -....:t ;TjY (). -.,() ( ~ -n ~.i:::' =f1 -- ~ (:d(~ I.,.' C)fn c_ W -.-{ ..-;." )> ~ .." '" :n -< <Xl .< McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdyla)mwn.com Attorneys for Plaintiff DAVID R. POWELL Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. {)f; - .2LjQI /7. I L.- L'lu~l I~ MARIE M. (POWELL) DEE, Defendant IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER ~3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on September 3, 1998 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 I 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, d~ ~ (Z~ David ~ Powell ~ \ ~~ tL 1~o5 Date: C.. , -~ / - 2 - # <' ....., ~:_; c::.:) 0 <= c.n " <- .~ c:: I-n ,- nl-- -nFt; :"9 u ;:S~~ ~->o' ~. . " W c5fn .,~ ,~ =< 1'.) .t:'.- :D OJ .< McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney ID No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdy@mwn.com Attorneys for Plaintiff DAVID R. POWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-34918 Civil Term MARIE M. (POWELL) DEE, Defendant IN DIVORCE PROOF OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce in the above matter was served on the Defendant, Marie M. (Powell) Dee, by certified mail, restricted delivery, return receipt requested on July 13, 2005. See Exhibit "A" attached. The Complaint in Divorce was received and signed for by the Defendant on July 15, 2005. The original of the return receipt is attached hereto as Exhibit "El". Date: July 19, 2005 McNEES WALLA.CE & NURICK LLC By ~i. ~ n&.O 3'm 'fM6 13Di! lo 'N6 TO: Mario M. Powell Dee 1065 KelUJlore A vnue, Apt. 506 KelUJlore, NY 14217 SENDER: 244 REFERENCE: PS Form 3800 June 2000 RETURN Postage RECEIPT Cert"led Fee SERVICE Return ReceIpt Fee Restricted Dellve Total Postage & Fees US Postal Service Receipt for Certified Mail No InBUnll'lCe Co'Ierage Provided 00 Not Use for International Mall POS EXHIBIT A \0 :i" -i1liillii-illllli---- 7],\,0 3'm ...1 13lJi! ]'?III D. Is delivery address different trom item 1? 0 Yes If YES. enter deIlverl' address below: 0 No 3. Service Type CERTIFIED MAIL I~,", hJ.lvJ..luaLrvu Marie M. Powell Dee 1065 Kenmore Avnue, Apt. 506 Kenmore, NY 14217 PS Form 3811, July 2001 llomHtIC AoIum Roc:olpI EXHIBIT B (} L- -:::;. -C':- no:;"~: ::/ ~ <g. ~ ....- - -.0 -;:\ f"~\ ,., < '\;>:j ~;i:~~. \> "j;"';::",. -e '-" - - .' 3. c) .; McNEES WALLACE & NURICK LLC Pamela L. Purdy Attorney 10 No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile DDurdv(cj)mwn.com Attorneys for Plaintiff DAVID R POWELL, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3498 Civil Term MARIE M. (POWELL) DEE, Defendant IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in the above matter. . C--....\ . '. 'l/")tv'L<U /-... )~ .-// .; . Mane M. (powell) Dee Dated: '1251Ds , eo' ","""o'~_',o"",~'<, ,"'""",""0 ,',r "",'o,.!"m~.~."""''''.."''''",,,'oo n t;; "', r.:.;:J .--:;:-:, 'en '-- '-.: f~" N (7", -, r:-:) o -n --< ':r.-'"j fnt':, 'l~'.! , ~:) r::) :"("; --.j DAVID R. POWELL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3498 MARIE M. (POWELL) DEE, Defendant IN DIVORCE COUNTERAFFIDAVIT UNDER ~3301(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): l/ (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 I 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 counteraffidavit are true and correct. I understand that false statements herein are made subject to the penaltie~ 8 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. / \ \7J -7 O~C-C '~)~ Date: g /1 I !b-:: 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 need not file this counteraffidavit. - 2 - ," .. ..... _.>.,H _..' o <;; ~. --0 G,~ rnr': .../ -, ~":. r::: ',~ ~~(~~, .z:' -~ .-< r-> = ~ ",. c:: '" - I'J . ~ ~:!! -oM; ::99 (;'0 ---:1-(i -'T'_ ~'') f~("> csrn __I ;? ~ -0 ~ <f1 I'J co ,.., " , """'.."......,,,"',1.., "...,'~",""'",.-;C;f!ll'f'!IIl! McNEES WALLACE & NURICK LLC By: Pamela L. Purdy Attorney 10 No. 85783 100 Pine Street Harrisburg, PA 17108-1166 (717) 232-8000 (717) 237-5300 facsimile ppurdv@mwn.com Attorneys for Plaintiff DAVID R. POWELL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-3498 MARIE M. (POWELL) DEE, Defendant 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. Grounds for divorce: irretrievable breakdown under 93301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: First Class U.S. Mail and by Certified Mail, Return Receipt Requested, Addressee Only, mailed on July 13, 2005, and received on July 15, 2005. An Affidavit of Service was filed with the Court on July 19, 2005. 3. Date of execution of the Affidavit required by ~3301 (d) of the Divorce Code: July 11, 2005. 4. Date of filing and service of the Affidavit upon Respondent: Filed July 11, 2005. Sent via U.S. Mail to Respondent on July 11, 2005 and sent a certified copy via U.S. Mail to RI9spondent on July 11, 2005. 5. Related claims pending: None. 6. Defendant's Counteraffidavit Under ~ 3301(d) was filed with the Prothonotary on August 12, 2005, a copy of which is attached hereto. jJ~ X ~I~A Pamela L. Purdy , Attorney for Plaintiff David B. Powell Date: August 22, 2005 - 2 - DAVID R. POWELL Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 05-31,98 MARIE M. (POWELL) DEE, Defendant IN DIVORCE COUNTERAFFIDAVIT UNDER ~3301(d} OF THE DIVORCE CODE 0 ...., 0 = ,; = -n e-n -I :3i ~;\'j ",.. :J:-n "'1-: c:: m- .,.;~ ", G> -aM '. ~:; ';J'i' N () r; :~_' :~J~ "'..- -0 :;''=":0 ,T-;. , ' ::r.;: ,;;;JCJ j;~~ <? 2:5rn "'" 0';;- ,'jj ~ N 0 '< 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 h~ast two years. (Ii) The marriage is not irretrievably broken. 2, Check either (a) or (b): ,/ --L- (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 I 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 counteraffidavit are true and correct. I understand that false statements herein are made subject to the penaltie~8 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. / \ 'r)~) C" ,L~ ~.)-,<-~ Date: [, I, , I {)-:; 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 need not file this counteraffidavit. -2- . , CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Marie M. (Powell) Dee 1065 Kenmore Avenue Apartment 506 Kenmore, NY 14217 i~,l e1{ Counsel to Plaintiff Dated: August22,2005 "" , ,~",.P',' ,..., = c=> c.n ,,~ c:: <:., N W ~ :C:n mr -orn :,\Jr'I ':J Y ',0 ~~ :Ii 7'0 ::~:51-n ...-1 "1> :0 .< v :::-;: (~, <...' , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '. . . . . .. . :+: :f. :fit' . . ;f:+::+:.+:+::+<f . . . . . . . . . . . . ;t;;r.+.:f: Cfi;ti IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF David R. Powell VERSUS Marie M. (Powell) Dee AND NOW, DECREED THAT AND PENNA. No. 05-3498 DECREE IN DIVORCE y- ~r c-:r t.{. 'f I~.,#/ , 30 , IT IS ORDERED AND David R. Powell , PLAINTIFF, Marie M. (Powell) Dee , 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 ATTEST;:vt . ~ J, tJ. ~ 'f P"O>HONOCA"' .. . . . . . . . i':fi: i:Cf:""'+''+'i':f'F. 'to'+' .. . 't: :t :t't: ... . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . -h ;! ~ ~~ 5~' -e /J ~r$ ~'''4rr'J JC'?::-6 4 .. '.' ,,: -