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HomeMy WebLinkAbout01-3776 J. ?~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS STATE OF Patricia Harrison Pl;:li nt iff VERSUS Dana N. Harrison Defendant AND NOW, DECREED THAT AND OFCUMBERLANDCOUNTY PENNA. No. 01-3776 DECREE IN DIVORCE '\ )~JJ.J ,....,; J'~ ~ .It .' /}O, , IT IS ORDERED AND Patricia Harrison , P LA I NT IFF, Dana N. Harrison , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECOR;C) IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; IV ,ill ___-' Count II - Custody settled by Court approved stipulation, no other claims were raised. ..I 1 ,/ ATTEST: C'w.:L~~ P~THONOTARY ~ ~ ~ ~ ;~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~? . JAr ~ ~ n?,Y?f. !'J"If; ~ r~ /'Z!_-"~)f'? 1,1f6 II PATRICIA HARRISON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01-3776 DANA N. HARRISON, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD Plaintiff's SS# 184-48-7520 To the Prothonotary: Defendant's SS# 207-44-6901 Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under ~ 3301(d) (l)of the Divorce Code. 2. Date and Manner of service of the Complaint: Complaint served via First Class Mail, Acceptance of service document siqned by defendant on July 9, 2001. 3. (a) Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by the Plaintiff ; by the Defendant (b) (1) Date of execution of the affidavit required by ~3301(d) of the Divorce Code: June 15, 2001; (2) Date of filing of the plaintiff's affidavit: June 19, 2001; Date of service of the plaintiff's affidavit upon the respondent: July 9, 2001. 4. Related claims pending: Count II - Custody settled bv Court approved stipulation, no other claims were raised. (a) Date and manner of service of the Notice of to File Praecipe to Transmit Record, a copy of which is August 7, 2001, by reqistered return receipt mail. (b) Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the prothonotary: ; Date Defendant's Waiver of Notice in ~ 3301 (c) Divorce was filed with the prothonotary: 5. Intention attached: Date: JY / J, ~ I i oJ { Respectfully submitted: /~~- "'Mar in" L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 f- <:;:::...I' (,r,; o ._--------,~,_."'-_._--~-'_.. o ~ f\, ~ ~ ~ ---;"11' ,) ( ~. ...,"-- "\;.j . '" " , _._~ -: , I PATRICIA HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. C)/- 37/~ ~ vs. DANA N. HARRISON, Defendant CIVIL ACTION - LAW 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 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 the Dauphin County Courthouse, Harrisburg, Pennsylvania. 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 THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I' .r'~ PATRICIA HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. DANA N. HARRISON, Defendant CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quej as expuestas en las paginas sigientes, debe tomar accion con prontitud. Se Ie avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede se emitido en su contra por la Corte. Una decision puede tambien se emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades, 0 otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotario, en la Dauphin County Courthouse, Harrisburg, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO 0 OTROS GASTOS ENTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SE EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFIClNA INDlCADA ABAJO PARA AVERlGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 , ~ PATRICIA HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 01- 317t- ~-r;~ vs. DANA N. HARRISON, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301 (d) OF THE DIVORCE CODE The Plaintiff, Patricia Harrison, through her attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Patricia Harrison, is an adult individual who currently resides at 702 Stanwix Circle, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Dana N. Harrison, is an adult individual who currently resides at Clayton County Correctional Facility, Jonesboro, Georgia 30236. 3. The Plaintiff is fide resident of the a bona Commonwealth of Pennsylvania and has been for at least six months immediately prior to the filing of this Complaint. COUNT I - DIVORCE 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on July 12, 1991, at Jonesboro, Clayton County, Georgia. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. , \ 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. COUNT II - CUSTODY 10. Paragraphs one through nine are incorporated herein by reference as if set forth specifically below. 11. There is one dependent child by this marriage, namely, DeVon J. Harrison, born June 10, 1992. 12. The Plaintiff seeks primary physical custody of all children born of this marriage as set forth in paragraph Eleven. 13. The child is presently in the custody of Patricia Harrison, who resides at 702 Stanwix Circle, Apt. J, Carlisle, Pennsylvania. During the past five years, the child resided with the following persons and at the following addresses: Name Address Dates Patricia Harrison And Rodney Storrs 702 Stanwix Circle, Apt. J, Carlisle, Pennsylvania 10/99-Present Mae Storrs and Rodney Storrs 45546 N. Genoa Lancaster, California 10/98 - 10/99 Patricia Harrison And Rodney Storrs 5188 - A Boone Court Columbia, South Carolina 09/95 - 10/98 The Father of the child is the Defendant, currently residing at the above referenced address, Paragraph Two. 1 \ I' I The Mother of the child is the Plaintiff, currently residing at the above referenced address, Paragraph One. 14. The relationship of the plaintiff to the child is that of natural Mother. The plaintiff currently resides with the following persons: Name Relationship Rodney Storrs Son 15. The relationship of the defendant to the child is that of natural Father. The defendant currently resides with the following persons: Name Relationship None 16. Plaintiff has not participated as a party in other litigation concerning the custody of the child in another court. 17. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 18. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have physical custody or visitation rights with respect to the child. 19. The best interests and permanent welfare of the child will be served by granting the relief requested because: I! (a) Plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required to meet the child's needs; (b) Plaintiff is willing to continue custody of the child; and (c) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child. 20. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. No other persons are known to have or claim a right to cu.::.;tody or visitation of the child to be given notice of the pendency of this action and the right to intervene. WHEREFORE, the Plaintiff, Patricia Harrison, respectfully requests this Honorable Court to enter a decree of divorce in this matter; and the Plaintiff further requests the Court to incorporate any Stipulation reached by the parties regarding custody or to enter an order granting plaintiff primary physical custody of their minor child. Respectfully submitted, //~------ Date: t// "/UiJi , Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market street, Aztec Building Camp Hill, Pennsylvania 17011-4706 PA Supreme ct. ID No. 84745 Phone: (717) 763-1800 ATTORNEY FOR PLAINTIFF II PATRICIA HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. DANA N. HARRISON, Defendant CIVIL ACTION - LAW IN DIVORCE VERIFICATION I verify that the statements made in this Complaint 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: &/17/2ovt ... 1 I ',/ ^ ,/' '", . SignatureL1tK~ IJjJ;~ Patricia Harrison , l PATRICIA HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. DANA N. HARRISON, Defendant CIVIL ACTION - LAW 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. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DTVORCE CODE 1. The parties to this action separated on or about December 1994, 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. DATE: IS-~'&i Sworn to and subscribed to before me this J5~ day of ~/~ , 2001 Notary Public C,,/ Notarial Seal Betty R. Standridge, Notary Public Carlisle Bore, Cumberland County My Commission Expires May 14, 2005 Member, PennsylVania AssociatIon ot Notaries I i j PATRICIA HARRISON, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. cJ I - :3 77(P e/v,-{ DANA N. HARRISON, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF S 3301(d) DTVORCE DECREE TO: Dana N. Harrison 334 Gordon Street Bremen, GA 30110 You have been sued in an action for divorce. You have to answer the complaint or file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after the 22nd day of August 2001, the other party will request the court to enter a decree in divorce. failed I I . I f lnall ! 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 attached form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR IAWYER AT ONCE. IF YOU DO NOT HAVE A IAWYER 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 Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 .. PATRICIA HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. (J I - j 7 7(; C /V J'J vs. DANA N. HARRI SON, Defendant CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER S 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): D (a) I do not oppose the entry of a divorce decree. D (b) I oppose the entry of a divorce decree because: Check (i), (ii), or both: D (i) The parties to this action have not lived separate and apart for a period of at least two years. D (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): D (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. D (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 Divroce Decree, the divorce decree may be entered without further delay. 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. ~ 4904 relating to unsworn falsification to authorities. Date: Signature: DANA N. HARRISON NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MARE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT ~r o ~ ~ ('.J ~ -<::> ? ("1 ~~.~~ ..~.,. ,) :.) c ~.. ,; ,'0 ( -^-,J PATRICIA HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 01-3776 DANA N. HARRISON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify that the Complaint in Divorce has been served upon the Defendant indicated above by first class, Certified Mail No. Z 353 364 633, postage prepaid, return receipt requested, pursuant to the requirements of Pa. R.C.P. 1930.4. ~ SENDER: "tl 'ijj Gl III ~ l!! Gl S C o "t:l Gl Ci ii E o u I also wish to receive the follow- ing services (for an extra fee): o C;omplete items 1 and/or 2 for additional services. Complete items 3. 4a, and 4b. o Pnnt your name and address on the reverse of this form so that we can relurn Ihis card to you. o Attach this form to the front of the mailpiece, or on the back if space does nol permit. o Write "geturn Receipt Requested" on the mail piece below the article number. o The Roturn Receipt will show to whom the article was delivered and the date delivered, 3, Article Addressed to: 1, 0 Addressee's Address 2.J4 Restricted Delivery 4a, Article Number Z 3 3 3tPlf ?"55 4b. Service Type o Registered "Certified o Express Mail 0 Insured o Return Receipt for Merchandise 0 COD !2tuut N. ~~ JJif jJ~ .)1. ~fl{ ffil 3() / )1) 7, Da e of Delivery ~ct~ fl. Addressee's Addr ss (Only if requested and fee is paid) ~ ,c 102595-99,8 3 Domestic Return Receipt cD u '~ Gl f/l a "ijj '" Gl a:: c ... :::J Ci a:: Cl c: II" :::J ... o - :::J o >- ~ C III s: I- Respectfully submitted, ~~----- Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: t!ZijO/ 4:::. .s. <::::l.S' a p --;;.0 w o ,~' Y'! N l.J..I -= ~ ~ "r'~":" .) ',) ( .,,; . PATRICIA HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. No. DANA N. HARRISON, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify that the Notice of Intention to File Praecipe to Transmit Record has been served upon the Defendant indicated above by first class, Certified Mail No. 7000 1670 0005 2769 5344, postage prepaid, return receipt requested, pursuant to the requirements of Pa. R.C.P. 1930.4. .. :J o >- .!! N : - Complete items 1 and/or 2 for additional services. -Complete items 3, 4a, and 4b. - Print your name and address on the reverse of this form so that we can retum this card to you. - Attach this form to the front of the mailpiece, or on the back if space does not permit. -Write'Retum Receipt Requested" on the mailpiece below the article number, -The Retum Receipt will show to whom the article was delivered and the date delivered. ('0 -3 '. f II fi c: o I 3, Article Addressed t~: . I~AJ~ o C) 33Lf ~ flud ~( )111 .)0))0 j ~ <<Z a - ) # ?j' -1;.$ E i '/IJ CertHled ~ .s . :J ! ~ >- J 5. Received BY;,(If'rint Name) / 102595,97,8,0179 Domestic Return Receipt Respectfully submitted, L // ~~ ~arlUh L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 Date: f!Z1!f/( )0- >. Or ~ <:> VJ . . t.1 U\I ~ ? -'~O %0 ~c: ~ , ". '.' PATRICIA HARRISON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 0 I - 3 7'7 (p (, 'v/ { vs. DANA N. HARRISON, Defendant CIVIL ACTION - LAW IN DIVORCE ~ CON:T O:RDER ~ ~ \ consideration of the attached Stipulation of the AND NOW, this 2001, upon parties in the above-captioned matter, consisting of two pages and bearing the written consent of the parties, AND upon direction of this court that the parties need not be present before the court in order to incorporate their Stipulation into a consent order, IT IS ORDERED that said Stipulation is incorporated herein by reference as if set forth in full and approved as a Consent Order pursuant to Pennsylvania Rule of Civil Procedure, Rule 1915.7. BY THE CO~JI l ;1j;UA J J. ? ,0\ 1'~\ l"C",(-,,_ ~/7 ' :/'J").,; J'.'-\'/ (I }l,/ / -rJ;: ti() l~"(jf!';h/f.!)rl' v~ \!, () \~'\ (......, ~ L" f'(J'-J vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. () I - J 7 7 (p c.'v" PATRICIA HARRISON, Plaintiff DANA N. HARRISON, Defendant CIVIL ACTION - LAW IN DIVORCE STIPtJU:.. TION WHEREAS, the parties have born to them one child, namely DeVon J. Harrison, born June 10, 1992; and WHEREAS, the parties wish to enter into an agreement relative to custody, partial custody, and visitation of the child; and WHEREAS, it is in the best interest of the child that this Court decide the matter because the child and his mother live in Cumberland County, Pennsylvania, it is the desire of both parents that the child continue to live with his mother in Cumberland County, and the Child continue his education in Cumberland County, thus giving this Court jurisdiction; Q THEREFORE, this da y 0 f 2001, in consideration of the mutual covenants, promises, and agreements as hereinafter set forth, and intending to be legally bound, the parties agree as follows: 1. Father and Mother shall share jointly legal custody of the Child, DeVon J. Harrison. 2. The Mother, Patricia Harrison, shall have primary physical custody of the Child, subject to periods of partial physical custody in Father as follows: as mutually agreed upon by . f1 ... the parties. 3. This stipulation may only be altered by the mutual consent of Mother and Father. 5. It is the intention and desire of each of the undersigned parties that this Stipulation be confirmed as an order of court, without requiring their presence before the court, pursuant to Rule 1915.7. G6fuoL~{]J~~ Patric'a Harrison