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HomeMy WebLinkAbout05-6200 v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 200S - &~IJ) CIVIL TERM DAWN M. McELWEE, Plaintiff SHAWN M. McELWEE, Defendant IN DIVORCE NOTICE You have been sued in court. If you wish to d~fend 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 in divorce or ar)nuIment may be entered against you by the court. A judgment may also be entered against you tor 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, Cumberland County Courthouse, Carli~le, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR AqMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE Ai DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CL!IM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFO~D 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 S.reet Carlisle, Pennsylvania' 17013 717-249-3166 1-800-990-9108 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 heari n g. DAWN M. McELWEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - CIVIL TERM SHAWN M. McELWEE, Defendant IN DIVORCE COMPLAINT IN DlVORC!j: PURSUANT TO THE DIVORCE CODE AND NOW, comes the Plaintiff, Dawn M. McElwee, by and through her attorneys, Irwin, & McKnight, and files this Complaint in Divorce against the Defendant, Shawn M. McElwee, representing as follows: COUNT I - COMPLAINT IN DlVpRCE PURSUANT TO SECTIONS 3301 (c) and (d) I. The Plaintiff is Dawn M. McElwee, an adult Individual residing at 114 Amy Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Shawn M. McElwee, an adult individual with a current address of P. O. Box 296, Newville, Cumberland County, Pennsylvania 1724\. 3. Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing ofthis action in divorce. 4. Plaintiff and the Defendant were married on August 19, 2005, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 330I(c) and 330I(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marrIage between the two parties and for such further relief as your Honorable Court may deem equitable and just. COUNT 11- COMPLAINT IN DIVORCE PU,"SUANT TO SECTION 3301(a) 8. The allegations of Paragraphs one (I) through seven (7) of the Divorce Complaint are incorporated herein as if fully set forth above. 9. Pursuant to the Divorce Code, Section 3301 (a)(6), the Plaintiff avers as the grounds upon which this action is based that the Plaintiff is the injured spouse and that the Defendant has offered such indignities to her as to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff requests the dissolution of the marriage between the two parties and for such further relief as your Honorable Court may deem equitable and just. 2 COUNT III - ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES 10. The allegations of Paragraphs one (I) through nine (9) of the Divorce Complaint are incorporated herein as if fully set forth above. II. Plaintiff is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 12. Plaintiff is without sufficient property and otherwise unable to Hnancially support herself through appropriate employment. 13. Defendant is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for the Plaintiff. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an ordering requiring Defendant to pay for Plaintiffs counsel fees, expenses and costs as well as providing for payment of appropriate alimony and alimony pendente lite to Plaintiff. 3 COUNT IV - EOUITABLE DISTRIBUTION 14. The allegations of Paragraphs one (I) through thirteen (13) of the Divorce Complaint are incorporated herein as if fully set forth above. 15. Plaintiff and Defendant have acquired property, both real and personal, during their marnage. 16. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order equitably distributing the parties' marital property pursuant to Section 3502(d) of the Divorce Code and for such further relief as this Court may deem equitable and just. Respectfully submitted, IRWIN & McKNIGHT By ght, III, Esquire Supre e Court I. . No. 83776 60 W st Pomfre Street Carlisle, Pennsy vania 17013-3222 (71 7) 249-2353 Attorney for Plaintiff Date: November 30, 2005 4 VERIFICATION The foregoing document is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. h /Y)JYw kL DAWN M. McELWEE Date: I I f 36/0:::: 5 . . DAWN M. McELWEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW SHAWN M. McELWEE, Defendant 2005 -, 2o{) CML TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: I. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~, (II (Y'/d--u~) DAWN M. McELWEE Date: I / ) 3::>JcS .~ ~. -..\ ,,)",\ '0') r-) ~----- .) 0' ~. '5L'-J c'<:.} co<' ,--< ''--.-I " :<.....:) \ ., ::,\ J' ,,. , ._~ ~ ...,..... - U" o 9----= ~. '0 {::::; :L.~ .r "" --- ~'0 ........ '--" 'i3- ,~ .~ ~ ......~ ~ -;-. '<.- 7"':" ':--:. "'-.::; .-"-' -- ,-'I G:J/')0' . . I.... , ... c' , \ t'~ :-' r'\ I~ - DA WN M. McELWEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2005 - 6200 CIVIL TERM SHAWN M. McELWEE, Defendant IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. RC-P. RULE NO. 1920.4 (a)(I)(i) COMMONWEALTH OF PENNSYL VANIA SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, ill, Esquire, being duly sworn according to law, does depose and state: I. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant, Shawn M. McElwee, on December 2, 2005, by certified, restricted delivery mail, addressed to him at P. O. Box 296, Newville, Pennsylvania 17241, with Return Receipt Number 7003 3110 0004 5770 5254. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. Date: December 5, 2005 D l"- I"- LJ1 ""~ .-(:;;,"; 'I' ~ --.-- /' .:,.' ',?, ~,. '."'1 Vl"el 'l~ ~'~ '"', " ~~ "\{ier 't ~ ...~, ..,..~ i:~....~.. J. 1 r-, ~:;l t,"-"""', ~''... ~: ~<;i ~-':U S!;"~"" .,";'-' _,I", ! r-:-.}d~:",~!l!..!~~1~~~ C\ () ~ l jt'1~; D, ::,.", 0' , ' , ;lr~' m ~.~ CJ antra '1 III ' D . ..Ml!...SIJAW1LH...Ml:ELWEf........m ';;,f......S?m....i...tj.... I"- ili~ 296 ell '" (.1" ~ . ;E..YK..l7Zlilmmm.... l......=::.::J...~..-- ~ ...+~........ Postage ;:r LJ1 ru LJ1 ;:r D D Return Reciept Fee o (Endorsement Required) D Restricted Delivery F .....=l (Endorsement Requir .... m Certified Fee ^, -). C Total Postage & Fees $ PS Form 3800 June 2002 See Reverse for In lrucllons ~ SENDErl COMPLErE I . . Complete Item. 1, 2, and 3. Also complete ~em 4 If RestrIcted Delivery 1. desired. . Print your name and address on the IllV8I'S8 so that we can retum the card to you. . AllJ!Ch thl. card to the back of the rna1lpl8ce, or the front w space pennlls. 1. Art"'tAdd.....-d to: A. x [] Agent [],~d II B. _ by (Printed Nome) C. Dale. 01 DoIIV01Y W '- ~ Ii: / .02'b5 O. Is~__fmmltem 11 [] Yes ~ YES. enter dellV01Y odd..... below: [] No EiJ HI K McELWEE PO 296 PA 17241 '" 3._~, '" CsI1IlIsd MalI [] Exp..... Mall tJ RogIsI8rId III R8IUm RecsIpt for __ [] I C.O.D. 4. R_ DoII""Y'1 (ExtnJ Fee) 2. Artlote Number (ll"ansfor"""'-'" PS Form 3811, February 2004 7003 3110 0004 5770 5254 ~ -." RecsIpt 102595-02-M.1540 '-. -',,) .,1\ -' _.\ DAWN M. McELWEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - 6200 CIVIL TERM SHAWN M. McELWEE, Defendant IN DIVORCE NOTICE OF INTENTION TO RETAKE AND USE MAIDEN NAME I, DAWN M. McELWEE, hereby give notice, avowing my intention to resume and hereafter use my maiden name, to wit: DAWN MICHELLE CAREY, in accordance with the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704(a) (54 Pa. C.S.A. 704(a). My divorce is docketed to 2005-6200 Civil Tenn. I verify that the statements made in this document are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. IN WITNESS WHEREOF, ~2006. WITNESSED: ~#/ /)r y ~h'/d...e;?L ,r -' ~ I have hereunto set my hand and seal this ~ day of "GA. JYJLC );~.fJ /II L( .i<,,~ (SEAL) DAWNMICHELLE McELWEE I DAWN MICHELLE CAREY (SEAL) .....- ., COMMONWEALTH OF PENNSYLVANIA : SS: COUNTY OF CUMBERLAND Q({ PERSONALLY APPEARED BEFORE ME, this ~ day Of~. 2006, a Notary Public, in and for the Commonwealth of Pennsylvania and County of Cumberland, DAWN MICHELLE McELWEE, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Notice of Intention to Retake and Use Maiden Name, and acknowledges that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ...~~ nt PENNS ......811I MlIIIlI L NaIl, Nl8YAdO CldllllIaIo, QI.~CIIIII* _a......... "''''11.-- Member. Penneytyanle A,1IClClItlIon \~ '-.... ~ '-.! ~ '-.J ~ 'J \\ ~ \) ~ :J ~~ ~ "- ~ (') c -u:?:: rng:;' ?- ~:.l:' ~_. ,_. 0x~ ~:~ :i,':;C f:: ..:'.: :~j r-.,) =., <:::> 0 en -0 ~ ~ -< n,:n -oh1 o ::.u 0 OJ. ::;:1<-.1 _I- -ij O:!] zO om ::--f =0 -< -0 :x: '& o o DAWNM.McELWEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW 2005 - 6200 CIVIL TERM SHAWN M. McELWEE, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on December 1,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ~ J.5-0 & ~p? yrJC~ SHAWN M. McELWEE Defendant " ,....., = = <:n o ., :;j ffi::o -or; ;~flC1 , , ,~~ :-1 :D --<; ::m: ;x;... -< 1.0 -0 :Jt: w N 00 DAWN M. McELWEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2005 - 6200 CIVIL TERM SHAWN M. McELWEE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE Ul\'])ER 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. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ...~-JS--tJ h _~ rYJ- rnt-~ SHAWN M. McELWEE Defendant ,...., = = 0"> :x ;a.. -< o 11 ~" m.. -om ...[30 ~:;~ 2) ~~~~ (sm ;g .:0 -< \.0 -0 ~ c....) N CO v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DAWN M. McELWEE, Plaintiff 2005 - 6200 CIVIL TERM SHAWN M. McELWEE, Defendant IN DIVORCE DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Date: ,5'- A5~ /t) ~yrJ. ;rn~~ SHAWN M. McELWEE "-.. Defendant (') f; -rJ fi~ n';,~: '.""r r~. , -< c:: .(e. ~ I"-.) = <:.:;:) <:;;i"\ :i: ::> -< o 11 ~." m;= -:Jm :nQ \a~:;;; ;~~ 5:i -< \.0 -0 :::l!:: W 1',) (X) DAWNM.McELWEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2005 -6200 CIVIL TERM SHAWN M. McELWEE, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on December 1,2005. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the complaint. 3. I consent to the entry of a final decree in divorce. 4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date:5/q/~ , ~ .JV\ !Y\,{ {to ~ JxJM~E Plaintiff o ~ .,. -'tJ ij~. i-nr: ---:~'iT . :~; ~ <j~ "'0. ~.~~... ,: ,", r; ':. ~'.-"o. <. ,~~> '.. ~tt~ --7 AI':::4 -< r...:> c::::> c::::> CT" ::It J:''' -<. N N -0 -,~:., --. o -n ~ rniP. -Om ;~~~ ::~~ tS .,,,,,rn :.:~ 'l> ~ r:-? (J1 N DAWN M. McELWEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2005 - 6200 CIVIL TERM SHAWN M. McELWEE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Dateb1 q ) d.,p ~ ~ III fY1<< k-Lil DAWN M. McELWEE Plaintiff o s: -ot::: cp ~-! ~ ::> ~~: <0:: 1..._ ";i> Co; ~ r-..) = (;..-;:. C7" :; ;p.. -< N N o "'n =2.... rn- S :$So (:;}~':, (20 om -l ;>p ~ -0 ....,... ........ I)? Ul N DAWN M. McELWEE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW 2005 - 6200 CIVIL TERM SHAWN M. McELWEE, 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: I. Ground for Divorce: irretrievable breakdown under Section 3301 (c) and or (d) of the Divorce Code. 2. Date and manner of service of complaint: A certified copy of the Complaint in Divorce was served upon the defendant, Shawn M. McElwee, on December 2, 2005, by certified, restricted delivery mail, addressed to him at P.O. Box 296, Newville, Pennsylvania, 17241, with Return Receipt Number 7003 3110 0004 5770 5254. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by plaintiff: May 9, 2006; by defendant: May 15,2006. (b)(I) Date of execution of the affidavit required by Section 330 I (d) of the Divorce Code: (b )(2) Date of filing and service of the plaintiffs affidavit upon the defendant: 4. Related claims pending: NONE. 5. Complete either (a) or (b). (a) of which is attached: Date and manner of service of the Notice of Intention to file Praecipe to Transmit Record, a copy (b) Date plaintiffs Waiver ufNotice in Section 3301 (c) Divorce was filed with the Prothonotary: May 22, 2006 Date defendant's Waiver of Notice in Section 3301(c) May 19, 2006. Date: May 24, 2006 C) c:-:- r-J ,-, ,;;::;~, ~:,_.... ~- -: o -i1 --. :C-n nlp:;: 0-i N ,-- ~ ,,"-(l, --;:' 0.) -L,.. ~n -< ili ili ili iliili ili ili ili ili iliiliiliili iliiliiliiliiliili iliiliili ili ili iliiliiliili IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY ili STATE OF PENNA. it; it; it; it; it; ili ili it; it; it; DAWN :M. :McELWEE, PLAIRTIFF No. 2005-6200 CIVIL TERM: VERSUS SHAWN :M. :McELWEE, DEFEND ART it; it; ;Ii ili it; it; it; it; it; it; it; it; it; it; it; DECREE IN DIVORCE AND NOW,~ '1\ ~b , , IT IS ORDERED AND DECREED THAT DAWN :M. :McELWEE , PLAINTIFF, SHAWN :M. :McELWEE AND , DEFEN DANT, 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; it; it; it; it; ;Ii it; it; it; ;Ii it; ;Ii it; it; it; it; it; it; it; it; it; ;Ii it; ;Ii it; "'if.it; it; NONE. ATTEST: PROTHONOTARY it; it; it; it;it; it; it; it; it; it; it;it; iliit;it;ili it; it;ili it;ili it; it; it; it; it; it; it; it; it; ;+. it; it; ;+. ;+. it; ;Ii it; '" it; ;+. it; ;Ii ili it; ;+. ;+. ;+. it; it; it; it; ;Ii it; it; it; it; it; it; it; it; it; '" ~pr? ~ .~~ 1(/,1/ 'f ..q4"H/ p.-;. ~ ~ - n ~. ill . d) , ..,', .. " .. . .. ~ '. '"