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HomeMy WebLinkAbout06-0786"John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 0 C- f VS. Ardith A. Davidson, 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 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 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. 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 2 Liberty Avenue, Carlisle, Pennsylvania 17013 717-249-3166 John A. Davidson : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. u (o • ? R, 7-;. ,- VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE COMPLAINT UNDER SECTION 3301ic1 OF THE DIVORCE CODE 1. Plaintiff is John A. Davidson, who currently resides at 4571 Sequoia Dr. A292, Lower Paxton Township, Dauphin County, Pennsylvania 17109 since March 1, 2005. 2. Defendant is Ardith A. Davidson, who currently resides at 7043 Carlisle Pike Lot 345, Carlisle, Cumberland County, Pennsylvania since March 1, 2005. 3. John A. Davidson Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on July 17, 1996 at Charlotte, North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the court to enter a decree of divorce. 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 unworn falsification to authorities. ohn A. Davidson Plaintiff Date: OS ^V V n I* ?i i-' cl Sri G7 C7 h) ^J T_ -i- t,. !`t i ;n 7 John A. Davidson 208 N. 3,a Street Suite 130 Harrisburg, PA 17101 717-238-4043 JAD@JohnADavidsonESQ. Com John A. Davidson : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE AFFIDAVIT OF SERVICE I, John A. Davidson, hereby verify that on 8th day of February, 2006, I served the Defendant with a true and correct copy of the Divorce Complaint by one of the following methods: (CHECK ONE) (X ) Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the Sth day of February, 2006. The return receipt signed by the Defendant is attached hereto. ( ) The Defendant was personally served with a true and correct copy of the above pleading by hand-delivering the same to the Defendant. Personal service was made at the following location and time: on the day of 1 200. at o'clock. 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. Section 4904 relating to unsworn falsification to authorities. Date: February 20, 2006 , "? CL I?" ?? "^- John A. Davidson ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 7- r G? 1 A G v i sc, A. Signature x / of Glbg' 1. L B. Received by (Punted Name) C. Date of Delivery 'D. Is delivery address different from item 17 ? Yes If YES, enter delivery address below: 0 No 3. Kitertifled Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article O-2 7005 1820 0002 4619 2221 nsfers/er from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-W- O n C. ;. "t' - , s'. a.. Iv Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 1 ma cl ay ('a`, dzgla w. c o m IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN A. DAVIDSON, Plaintiff V. ARDITH A. DAVIDSON, Defendant Docket No. 06-786 Civil Term CIVIL ACTION - AT LAW In Divorce PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance on behalf of the Defendant, ATdith A. Davidson, in the above-captioned matter. DALEY, ZUCKER & GINGRICH, LLC Date: 1-11410(o By: AAti <_w n say GingV1 Mac` ',Esquire tt ey LD. No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 Attorneys for Defendant c: John A. Davidson, Esquire, 208 N. Third Street, Suite 130, Harrisburg, PA 17101 {. _i c. _, ,? Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 1mac1gykdzmmg1aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN DAVIDSON, Plaintiff Docket No. 06-786 Civil Term V. ARDITH A. DAVIDSON, Defendant CIVIL ACTION-AT LAW In Divorce PETITION FOR LEAVE TO WITHDRAW AS COUNSEL This Petition of Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully represents: 1. The Petitioners are Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, who are presently counsel of record for Defendant, Ardith A. Davidson, in the above-captioned matter. 2. The Respondent is Ardith A. Davidson, a party in the above-captioned matter. 3. Respondent, Ardith A. Davidson's current address is 7043 Carlisle Pike, #315, Carlisle, Pennsylvania, 17013. Attached hereto and incorporated herein as Exhibit "A" is a copy of the completed Freedom of Information Act from the Post Office indicating that Ms. Davidson continues to receive mail at this address. 4. Petitioners have been counsel of record in this matter since on or about February 2006. 5. Over the course of the Petitioners' representation of Respondent, certain issues have arisen which make it impossible for Petitioners to continue to represent Respondent. 6. Respondent entered into a Fee Agreement with Movants on February 15, 2006, which required her to pay for Petitioners' services; however, Respondent has not met her financial obligations to Daley Zucker Meilton Miner & Gingrich, LLC. 7. Respondent has been given reasonable warning that Petitioners will withdraw as counsel of record unless her financial obligation is fulfilled. 8. After numerous requests by Petitioner, Respondent has yet to pay counsel fees in these matters. 9. Respondent has failed to maintain contact with Petitioners and has had no contact with Counsel since on or about April 10, 2006. 10. Therefore, under Rule 1.16(b)(5) and Rule 1.16(b)(6) of the Pennsylvania Rules of Professional Conduct, good cause exists for Petitioners' withdrawal of appearance in this case. 11. As a result of the above, Petitioners accordingly request permission to withdraw as counsel for Respondent. WHEREFORE, Petitioners, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully request this Honorable Court grant Movants leave to Withdraw as Counsel for Respondent, Ardith A. Davidson, in the above-referenced divorce matter. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC r By4omAey y Gi i h M ay, squi I.D. . No. 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 EXHIBIT "A" April 30, 2007 Postmaster Jeff Ebersole 66 W. Louther St. Carlisle, PA 17013 Re: Request for Change of Address or Boxholder Information needed for Service of Legal Process Dear Postmaster: MAY 10 2007 Please furnish the new address or the name and street address (if a boxholder) for the following: Name: Ardith A. Davidson Address: 7043 Carlisle Pike #315, Carlisle, PA 17013 KATHLEEN CAREY DALEY, ESQ. PATRICIA CAREY ZUCKER, ESQ. NOTE: The name and last known address are required for change of address SANDRA L. MEILTON, ESQ. information. The name, if known, and post office box address are required for STEVEN P. MINER, ESQ. boxholder information. KATHLEEN MISTURAK-GINGRICH, ESQ. LINDSAY GINGRICH MACLAY, ESQ QUINTINA M. LAUDERMILCH, ESQ PATRICIA A. PATTON OFFICE ADMINISTRATOR The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of requester (e.g., process server, attorney, party representing himself): REPLY TO: Attorney EAST SHORE OFFICE 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute): N/A 3. The names of all known parties to the litigation: John Davidson and Ardith Davidson 4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas 5. The docket or other identifying number if one has been issued: 2006-786 Civil Term (In Divorce) 6. The Capacity in which this individual is to be served (e.g., defendant or witness): Defendant EAST SHORE: 1029 SCENERY DRIVE, HARRISBURG, PA 17109 • 717-657-4795 • 717-657-4996 FAX WEST SHORE: 1035 MUMMA ROAD, SUITE 101, WORMLEYSBURG, PA 17043 • 717-724-9821 • 717-724-9826 FAX Postmaster Jeff Ebersole April 30, 2007 Page 2 WARNING THE SUBMISSION OF FALSE INFORMATION EITHER (1) TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. SECTION 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prospe tive litigation 1029 Scenery Drive i dsay G ch jacfay,- uire Harrisburg, PA 17109 FOR POST OFFICE USE ONLY No change of address order on file. Not known at address given. Moved, left no forwarding address. No such address. NEW ADDRESS or BOXHOLDER'S P.M. NAME AND STREET ADDRESS L Very truly yours, DALEY ZUGKER MEILTON MINER & GINGR H, LLC r t Li say Gi ich Maclay, Esquire LGA,1/jlc VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich Maclay, Esquire, do hereby verify that the facts averred and statements made in the foregoing petition are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date:By: ` Li ds y Gingric acl Esquire CERTIFICATE OF SERVICE r ?f I, Jennifer Carl, hereby certify that on this . day of m 2007, a copy of the Petition for Leave to Withdraw as Counsel was placed in the United States Mail, Certified, Restricted Delivery, Postage pre-paid, addressed as follows: Ardith A. Davidson 7043 Carlisle Pike, #315 Carlisle, PA 17013 John Davidson, Esquire 208 North 3d Street Suite 130 Harrisburg, PA 17101 Plaintiff DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: J e fifer Carl, Para egal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 CERTIFICATE OF SERVICE a I, Jennifer Carl, hereby certify that on this ()_13 day of 2007, a copy of the Petition for Leave to Withdraw as Counsel was placed in the United States Mail, Certified, Restricted Delivery, Postage pre-paid, addressed as follows: Ardith A. Davidson 7043 Carlisle Pike, #315 Carlisle, PA 17013 John Davidson, Esquire 208 North Std Street Suite 130 Harrisburg, PA 17101 Plaintiff DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: e ' fer Carl, Para egal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 6574795 --t , 010 -49, Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 1mac1ay2dzmmg1aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN DAVIDSON, Plaintiff V. ARDITH A. DAVIDSON, Defendant Docket No. 06-786 Civil Term CIVIL ACTION-AT LAW In Divorce AMENDMENT TO PETITION FOR LEAVE TO WITHDRAW AS COUNSEL This Petition of Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully requests that this Amendment be attached to the original Petition for Leave to Withdraw as Counsel filed by Petitioners in the above matter and represents: 1. To Petitioners' knowledge, no Judge has ruled upon any issue in this matter or related matter. 2. Plaintiff is a practicing attorney in Dauphin County, Pennsylvania and is representing himself in this matter. Concurrence has been sought with the Plaintiff for the filing of the original Petition for Leave to Withdraw as Counsel and this Amendment by telephone call with Plaintiff and Gloria Rine, Paralegal in Petitioners' office on May 29, 2007, and Plaintiff indicated to Mrs. Rine that he will not oppose the Petition and Amendment. WHEREFORE, Petitioners, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully request this Honorable Court grant Movants leave to Withdraw as Counsel for Respondent, Ardith A. Davidson, in the above-referenced divorce matter. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: id ay Ging 'c acl Esquire orney I.D. .87954- 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich Maclay, Esquire, do hereby verify that the facts averred and statements made in the foregoing pleading are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unsworn falsification to authorities. Date: IA,A 2?1 By: 2 y Gin y, squi ?9 _U CERTIFICATE OF SERVICE I, Gloria M. Rine, hereby certify that on this day of May, 2007, a copy of the Amendment was placed in the United States Mail, Postage pre-paid, addressed as follows: Ardith A. Davidson 7043 Carlisle Pike, #315 Carlisle, PA 17013 John Davidson, Esquire 208 North 3rd Street Suite 130 Harrisburg, PA 17101 Plaintiff DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Gloria M. Rine, Paralegal 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 N c:zv JOHN DAVIDSON, Plaintiff V. ARDITH A. DAVIDSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-786 CIVIL TERM ORDER OF COURT AND NOW, this 4t' day of June, 2007, upon consideration of the Petition for Leave To Withdraw as Counsel and of the Amendment to Petition for Leave To Withdraw as Counsel, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 10 days of the date of this order. BY THE COURT, ) b 'e-, J. esley Oler, , /ohn A. Davidson, Esq. 208 North Third Street Suite 130 Harrisburg, PA 17101 Plaintiff, pro Se indsay Gingrich Maclay, Esq. 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Defendant Ardith A. Davidson 7043 Carlisle Pike #315 Carlisle, PA 17013 :rc J I I .C WJ ?- N!Ar LOOZ AdViOm II AIL -Od 3Hi JO ?0 ?=?0--01Y Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 lmac lay@dzmm€tlaw. com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN DAVIDSON, Plaintiff V. ARDITH A. DAVIDSON, Defendant Docket No. 06-786 Civil Term CIVIL ACTION-AT LAW In Divorce MOTION TO MAKE RULE ABSOLUTE AND NOW, comes the Petitioner, Lindsay Gingrich Maclay, Esquire, for the firm of Daley Zucker Meilton Miner & Gingrich, LLC, and respectfully represents: 1. The Petitioners are Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, who are presently counsel of record for Defendant, Ardith A. Davidson, in the above-captioned matter. 2. The Respondent is Ardith A. Davidson, the Defendant in the above-captioned matter. 3. On May 24, 2007, Petitioners filed with this Honorable Court, a Petition for Leave to Withdraw as Counsel in the above-captioned matter. 4. On May 25, 2007, Petitioners were notified via e-mail that an Amendment must be filed to the Petition for Leave to Withdraw as Counsel due to missing concurrence of opposing counsel. 5. On May 31, 2007, Petitioners filed with this Honorable Court, the Amendment to Petition for Leave to Withdraw as Counsel in the above-captioned matter. 6. On June 4, 2007, this Honorable Court issued a Rule to Show Cause regarding said Petition, returnable ten (10) days from June 4, 2007. 7. A copy of said Rule was served upon Respondent, Ardith A. Davidson, by Petitioner through United States mail, as well as by the Court. Plaintiff, John Davidson, was served by confirmed facsimile. Copy of confirmed facsimile with courtesy copy to Respondent is attached hereto as Exhibit "A". 8. Other than the Rule to Show Cause issued by the Honorable J. Wesley Oler, Jr., no other judge has ruled upon any issue in this matter or any related matter. 9. As of the date of this filing, no response has been made to the Rule to Show Cause by Respondent. 10. Plaintiff is a practicing attorney in Dauphin County, Pennsylvania and is representing himself in this matter. Concurrence has been sought with the Plaintiff by telephone call with Plaintiff and Jennifer L. Carl, Paralegal in Petitioner's office on July 3, 2007, and Plaintiff indicated to Miss Carl that he will not oppose the Motion to Make Rule Absolute. WHEREFORE, Petitioners, Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, respectfully request this Honorable Court make the Rule Absolute and thereby grant Petitioners Leave to Withdraw as Counsel for Respondent, Ardith A. Davidson, in the above-referenced matter. Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: Q By: Li dsa Ging fP?9 ac l , Esgwr ttorne I.D. 4 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 EXHIBIT "A" P 1 P Transmission Result Report(MemoryTX) ( Jun. 11 2007 1235PM ) 1) DALEY ZUCKER GINGRICH LLC 2) Date/Time: Jun.13. 2007 12:33PM File Page No. Mode Destination Pg(s) Result Not Sent ---------------------------------------------------------------------------------------------------- 0478 Memory TX 2384198 P. 12 . OK ----------------------------------------------------------------------------=----------------------- Reason for error E. 1) Hang up or line fail E.2) Busy E.3) No answer E.4) No facsimile connection DAL FP ZUCKER M%I..T01Y INIFIEI•? & MYGRICH. LLC Rt•tofamus4s- AW PAR COMM SHEET TO- FAX NO- 717 • eL?8 • ?V/9f FROBL tii(I7d G%LLI /?Dtl??Ort/r?'.P96c1C1 DATE: 13.71Y17 R& _ ?hiv?t[Fat-?• f?atifellsrn - 1FAQ10): UNCLUDING COVSRSEM PAWAGC A Lard ou" of ab taeabLe -)L WM- WID notf4n9W za 9:o MdL PIEA3RNOTE Symdoaotree"nD tepales,pkaeecaAoarofeeaswonxe potsv*at(117) 6674795. TRiS DflI93AGE ffi IrTf&ND$B ONLYFORTffi OB THE INDIVIDUAL OR SNITt 4 TO WBICH TI L4 ADIDEESSSD AND MAY CONTAW INTORMATION =TSA.TzTR791tRCVII,?,PPLiCAHLELCOIAW?IDIItTPL?LANDES?T Tffi3FROMT>1?08URI: .IaYOUHAVEREC?V&DCOi DNICATION INE[tPM PLEAM NOTIFY US IlGDIATELYBY TZWHONS (COLLZM ANDREIURNT]&ORIGINALI GE TO US AT TMADDRWO XMXD BELOW VIA THE U.& POSTAL SBItVXX (WE WU L REMURSE POSTAGE). THANK YOU I0199CXPMW1BIV1kRARN UR%PA 17109 'TV-M1)6-.7-4M-VAX' 71746749% June 13, 2007 C(UPY VIA CONFIRMED FACSIMILE (717) 238-4198 and U.S. Mail John A. Davidson, Esquire 208 North 3rd Street Suite 130 Harrisburg, PA 17101 KATHLEEN CAREY DALEY, ESQ. PATRICIA CAREY ZUCKER, ESQ. SANDRA L. MEILTON, ESQ. STEVEN P. MINER, ESQ. KATHLEEN MISTURAK-GINGRICH, ESQ LINDSAY GINGRICH MACLAY, ESQ. QUINTINA M. LAUDERMILCH, ESQ. PATRICIA A. PATTON OFFICE ADMINISTRATOR Re: Davidson v. Davidson (In Divorce) Docket No. 2006-786 (Cumberland County) Dear Attorney Davidson: 4 Enclosed please find a copy of Judge Oler's June 4, 2007 Order, issuing a Rule returnable by June 14, 2007. Thank you in advance for your attention to the enclosed. As always, should you have any questions or should you wish to discuss this matter further, please do not hesitate to contact me. Very truly yours, DALEY ZUCKER MEILTON REPLY TO: MIN & GINGRICH, LLC EAST SHORE OFFICE indsay Gin 'ch Maclay LGM/trg Enclosures cc: Ms. Ardith A. Davidson, 7043 Carlisle Pike #315, Carlisle, PA 17013 (w/encl) EAST SHORE: 1029 SCENERY DRIVE, HARRISBURG, PA 17109 - 717-657-4795 - 717-657-4996 FAX WEST SHORE: 1035 MUMMA ROAD, SUITE 101, WORMLEYSBURG, PA 17043 - 717-724-9821 - 717-724-9826 FAX VERIFICATION Upon my personal knowledge, information and belief, I, Lindsay Gingrich Maclay, Esquire, do hereby verify that the facts averred and statements made in the foregoing Motion are true and correct. I understand that false statements or averments therein made will subject me to the criminal penalties of 18 Pa.C.S.A. §4904 relating to unswom falsification to authorities. Date: b By: CERTIFICATE OF SERVICE I, Jennifer L. Carl, Paralegal, hereby certify that on this J91day of , 2007, a copy of the Motion to Make Rule Absolute was placed in the United States Mail, Postage pre-paid, addressed as follows: Ardith A. Davidson 7043 Carlisle Pike #315 Carlisle, PA 17013 John A. Davidson, Esquire 208 North Third Street Suite 130 Harrisburg, PA 17101 Plaintiff, Pro Se Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Je 'f L. Carl, Paral gal 10 S enery Drive Harris urg, Pennsylvania 17109 (717) 657-4795 ? ' ?? C? ?- ? -' `ri ,- .-.r r ? ? _ 1 '}_`_ ?.i`= '.? > ? -_, _?tr? ; '? ? _ ?? .? ? .1 =«C z7 .i (?;F `JUL 1I 1W Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imac1gyLa)d4mmg1aw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN DAVIDSON, Plaintiff V. ARDITH A. DAVIDSON, Defendant Docket No. 06-786 Civil Term CIVIL ACTION-AT LAW In Divorce ORDER It AND NOW, this (a,' day of , 2007, upon consideration of the Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that Lindsay Gingrich Maclay, Esquire, and Daley Zucker Meilton Miner & Gingrich, LLC, are granted leave to withdraw as counsel of record for the Defendant, Ardith A. Davidson, in the above-captioned matter. BY THE COURT: cl-) } .: F C-J c: J Y`}4' C-i ?r si1° 1 'f-' -Y?? J 1 LU f3 Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmacI4y6-bdzmmg1aw. com IN THE COURT OF COMMON PL S OF CUMBERLAND COUNTY, PENNSYLVANIA JOHN DAVIDSON, Plaintiff Docket No. 06-786 Civil Term V. ARDITH A. DAVIDSON, Defendant CIVIL In Div, RAWAL OF A TION-AT LAW TO THE PROTHONOTARY: Kindly withdraw my appearance on behalf of Ardith the above-captioned matter pursuant to the Order issued b, Oler, Jr., dated July 10, 2007, a copy of which is attached her( Respectfully subs DALEY ZUCKEF MINER & GING A. Davidson, Defendant in the Honorable J. Wesley MEILTON ICH, LLC Date: ? 00l ByAA , say Gi i lay, Esqui rney 1.b. #8'9 1029 Scenery Dr ve Harrisburg, Pe ylvania 17109 (717) 657-4795 CC.' Ardith A. Davidson, 7043 Carlisle Pike #315, Carlisle PA 17013 John A. Davidson, Plaintiff— Pro Se, 208 North Third St., Suite 130 Harrisburg, PA 17101 r-? j c? ?TS C__ ? .-i :.?- - _ g?J ? ?' ;._:, ? ;'r John A. Davidson PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 786 Civil Term VS. DEFENDANT : IN DIVORCE PETITION FOR LEAVE TO FILE AMENDED COMPLAINT IN DIVORCE Petitioner, John A. Davidson, hereby petitions this Honorable Court for Leave to Ardith A. Davidson, File an Amended Complaint in Divorce. In support thereof, Petitioner avers as follows: 1. John A. Davidson, Petitioner, filed a Complaint in Divorce in the Court of Common Pleas, Cumberland County, Pennsylvania at 06 786 Civil. The Complaint in Divorce asserted grounds for Divorce under Sections 3301(c). 2. At the same time the Petitioner filed this Complaint in Divorce, he had hoped that he and Respondent could amicably resolve their marital problems and that protracted litigation would not be necessary. 3. The Petitioner, in his Complaint in Divorce, did not assert grounds for Divorce under Section 3301(d) of the Divorce Code. 4. Petitioner seeks leave of the Court to file an Amended Complaint in Divorce add the claim for Divorce under Section 301(d) of the Divorce Code. (A true and correct copy of the proposed Amended Complaint in divorce is attached hereto as Exhibit "A".) 5. The Respondent does not concur with this petition. WHEREFORE, Petitioner, John A. Davidson respectfully requests that the Petition for Leave to File an Amended Complaint in Divorce is granted. Respectfully submitted: John A. Davidson, Esquire PA - I.D. # 203890 Law Office of John A. Davidson 208 North 3rd Street, Suite 130 Harrisburg, PA 17101 Telephone - (717) 238-4043 Fax - (717) 238-4198 VERIFICATION I verify that the statements made in the foregoing document 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: ?. John A. Davidson EXHIBIT A John A. Davidson PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. CC VS. Ardith A. Davidson, DEFENDANT IN DIVORCE ? XC. C : ?., ( -&--r/h COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is John A. Davidson, who at the time this action was commenced resided at 4571 Sequoia Dr. A292, Lower Paxton Township, Dauphin County Pennsylvania 17109 since March 1, 2005. As of September 12, 2007 resides at 7276 Huntingdon Street, Swatara Township, Dauphin County, Pennsylvania 17111. 2. Defendant is Ardith A. Davidson, who at the time this action was commenced resided at 7043 Carlisle Pike Lot 345, Carlisle, Cumberland County, Pennsylvania since March 1, 2005. As of October 8 the defendant has moved to 3130-1 Millcreek Drive, Kalamazoo, Kalamazoo County, Michigan 49009 3. The Plaintiff and Defendant had been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on July 17, 1996 at Charlotte, North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the court to enter a decree of divorce under Section 3301(d) of the Divorce Code. 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. John A. Davidson Plaintiff Date: 2 -; r? c.?-? ' C:°: r?.? __? .?r? r 7-== 4?.J :??y ??, 1--.. L,a..a ?J i •• ? ? _ .. i?J John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE ADDENDUM TO PETITION FOR LEAVE TO FILE AMENDED COMPLAINT IN DIVORCE Petitioner, John A. Davidson, hereby adds the following information to the Petition for Leave to File Amended Complaint in Divorce In support thereof, Petitioner avers as follows: 1. On July 10, 2007 The Honorable Wesley J. Oler, Jr. granted a petition to withdraw as counsel to Lindsay Gingrich Maclay, Esquire. Respectfully submitted: John A. Davidson, Esquire PA - I.D. # 203890 Law Office of John A. Davidson 208 North 3`d Street, Suite 130 Harrisburg, PA 17101 Telephone - (717) 238-4043 Fax - (717) 238-4198 N cr) --- ? P> ? ?5 { ' 5J Cw3 OD JOHN DAVIDSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ARDITH A. DAVIDSON, : Defendant NO. 06-786 CIVIL TERM ORDER OF COURT AND NOW, this 11`h day of January, 2008, upon consideration of the Petition for Leave To File Amended Complaint in Divorce and of the Addendum to Petition for Leave To File Amended Complaint in Divorce, a Rule is hereby issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days of the date of this order. BY THE COURT, John A. Davidson, Esq. 208 North Third Street Suite 130 Harrisburg, PA 17101 Plaintiff, pro Se Ardith A. Davidson 7043 Carlisle Pike #345 Carlisle, PA 17013 and Ardith A. Davidson 3130-1 Millcreek Drive Kalamazoo, Michigan 49009 Defendant, pro Se 4r/U^$ y' 1 rc JAN 14 2008 John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE ADDENDUM TO PETITION FOR LEAVE TO FILE AMENDED COMPLAINT IN DIVORCE Petitioner, John A. Davidson, hereby adds the following information to the Petition for Leave to File Amended Complaint in Divorce In support thereof, Petitioner avers as follows: 1. On July 10, 2007 The Honorable Wesley J. Oler, Jr. granted a petition to withdraw as counsel to Lindsay Gingrich Maclay, Esquire. Respectfully submitted: /John A. Davidson, Esquire -0 PA - I.D. # 203890 Law Office of John A. Davidson 208 North 3d Street, Suite 130 Harrisburg, PA 17101 Telephone - (717) 238-4043 Fax - (717) 238-4198 o -rt C CO W 00 C-5 yl TRANSMISSION VERIFICATION REPORT TIME 01/02/2008 00:47 NAME FAX TEL SER.# BRODGJ462119 DATE,TIME 01/02 00:47 FAX N0./NAME 92384198 DURATION 00:00:21 PAGE(S) 02 RESULT OK MODE STANDARD ECM RE: Failure to Comply with Cumberland County Local Rule 208 Calvanelll, Melissa Page 1 of 1 From: Calvanelli, Melissa Sent: Monday, December 03, 2007 3:36 PM To: 'Jahn A. Davidson 0adQohnadavidsonesq.com)' subject: Notice of Failure to Comply with Focal Rule - AMENDMENT REQUIRED Importance: High RE: Failure to Comply with Cumberland County Local Rule 20$.3(x) Petition for Leave to File Amended Complaint in Divorce 06-786 - Davidson v. Davidson Dear Mr. Davidson, Please note that due to your failure to comply with Cumberland County Local Rule 208.3 (a)(2) and/or Rule 208.3(ax9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is filed in the Prothonotary's Office. If after two notices no amendment has been filed, your motion will be sent back to the Prothonotary's office and placed in the file and no further action will be taken. Rule 208,3(a). Motions. (2) The motion shall state whether or not a Judge has ruled upon any other issue in the same or related matter, and, if so, shall specify the,judge and the issue. (9) All motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of-said counsel; provided, that this requirement shall not apply to preliminary objections. motions for judgment on the pleadings, motions for .summary judgment. petitions to open or strike, judgment. s. and motions for post-trial relief. Please note that you do not need to file an additional proposed order or provide additional envelopes for service. Your amendment will be attached to the original motion. Please feel free to contact me if you have any questions or concerns regarding this matter. Calvanelli, Melissa From: System Administrator To: jad@johnadavidsonesq.com Sent: Monday, December 03, 2007 3:41 PM Subject: Undeliverable: Notice of Failure to Comply with Local Rule - AMENDMENT REQUIRED Your message did not reach some or all of the intended recipients. Subject: Notice of Failure to Comply with Local Rule - AMENDMENT REQUIRED Sent: 12/3/2007 3:41 PM The following recipient(s) could not be reached: jad@johnadavidsonesq.com on 12/3/2007 3:41 PM The e-mail system was unable to deliver the message, but did not report a specific reason. Check the address and try again. If it still fails, contact your system administrator. < ccpagtwy.ccpa.net #5.0.0 X-Symantec-Mail-Security; host smtp.where.secureserver.net[64.202.166.12] said: 553 sorry, relaying denied from your location [204.248.83.81] (#5.7.1) (in reply to RCPT TO command)> RE: Failure to Comply with Cumberland County Local Rule 208 Calvanelli, Melissa From: Calvanelli, Melissa Sent: Monday, December 03, 2007 3:36 PM To: 'John A. Davidson Qad@johnadavidsonesq.com)' Page 1 of 1 F?c__ ? a3 $ -mac c_9 ? Subject: Notice of Failure to Comply with Local Rule - AMENDMENT REQUIRED Importance: High RE: Failure to Comply with Cumberland County Local Rule 208.3(a) Petition for Leave to File Amended Complaint in Divorce 06-786 - Davidson v. Davidson Dear Mr. Davidson, Please note that due to your failure to comply with Cumberland County Local Rule 208.3 (a)(2) and/or Rule 208.3(a)(9), your motion will be held in the Court Administrator's Office until an amendment containing the missing information is filed in the Prothonotary's Office. If after two notices no amendment has been filed, your motion will be sent back to the Prothonotary's office and placed in the file and no further action will be taken. Rule 208.3(a). Motions. (2) The motion shall state whether or not a Judge has ruled upon any other issue in the same or related matter, and, if so, shall specify the judge and the issue. (9) All motions and petitions shall contain a paragraph indicating that the concurrence of any opposing counsel of record was sought and the response of said counsel; provided, that this requirement shall not apply to preliminary objections, motions for judgment on the pleadings, motions for summary judgment, petitions to open or strike judgments, and motions for post-trial relief. Please note that you do not need to file an additional proposed order or provide additional envelopes for service. Your amendment will be attached to the original motion. Please feel free to contact me if you have any questions or concerns regarding this matter. Sincerely, Melissa H. Calvanelli Assistant Court Administrator 12/3/2007 John A. Davidson PLAINTIFF VS. Ardith A. Davidson, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 786 Civil Term IN DIVORCE ORDER AND NOW. this day of. . 2007, an order is hereby granted upon the Respondent, Ardith A. Davidson, to appear and show cause why the Petition for Leave to File Amended Complaint should not be granted. Rule returnable the day of 2007, at, _ in Courtroom Cumberland County, Courthouse, Carlisle,. Pennsylvania 17013.. BY THE COURT: J. T . John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE PETITION FOR LEAVE TO FILE AMENDED COMPLAINT IN DIVORCE Petitioner, John A. Davidson, hereby petitions this Honorable Court for Leave to File an Amended Complaint in Divorce. In support thereof, Petitioner avers as follows: 1. John A. Davidson, Petitioner, filed a Complaint in Divorce in the Court of Common Pleas, Cumberland County, Pennsylvania at 06 786 Civil. The Complaint in Divorce asserted grounds for Divorce under Sections 3301(c). 2. At the same time the Petitioner filed this Complaint in Divorce, he had hoped that he and Respondent could amicably resolve their marital problems and that protracted litigation would not be necessary. 3. The Petitioner, in his Complaint in Divorce, did not assert grounds for Divorce under Section 3301(d) of the Divorce Code. 16. . 4. Petitioner seeks leave of the Court to file an Amended Complaint in Divorce add the claim for Divorce under Section 301(d) of the Divorce Code. (A true and correct copy of the proposed Amended Complaint in divorce is attached hereto as Exhibit "A".) 5. The Respondent does not concur with this petition. WHEREFORE, Petitioner, John A. Davidson respectfully requests that the Petition for Leave to File an Amended Complaint in Divorce is granted. Respectfully submitted: John A. Davidson, Esquire PA - I.D. # 203890 Law Office of John A. Davidson 208 North 3Id Street, Suite 130 Harrisburg, PA 17101 Telephone - (717) 238-4043 Fax - (717) 238-4198 . VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: ///.11-/"7 a'l. (A John A. Davidson John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF VS. Ardith A. Davidson, :NO. 49 ?V6 C,011 -rtc/'A\ DEFENDANT : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is John A. Davidson, who at the time this action was commenced resided at 4571 Sequoia Dr. A292, Lower Paxton Township, Dauphin County, Pennsylvania 17109 since March 1, 2005. As of September 12, 2007 resides at 7276 Huntingdon Street, Swatara Township, Dauphin County, Pennsylvania 17111. 2. Defendant is Ardith A. Davidson, who at the time this action was commenced resided at 7043 Carlisle Pike Lot 345, Carlisle, Cumberland County, Pennsylvania since March 1, 2005. As of October 8 the defendant has moved to 3130-1 Millcreek Drive, Kalamazoo, Kalamazoo County, Michigan 49009 3. The Plaintiff and Defendant had been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on July 17, 1996 at Charlotte, North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the court to enter a decree of divorce under Section 3301(d) of the Divorce Code. 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. lj?- CA i John A. Davidson Plaintiff Date: 2 t.C.) 77 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MICHELLE A. JAMES ) Docket Number 06-1766 CIVIL Plaintiff ) vs. ) PACSES Case Number 837109168 DOUGLAS T. JAMES ) Defendant ) Other State ID Number CONSENT ORDER AND NOW, to wit on this 11TH DAY OF JANUARY, 2008 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or 0 Other ALIMONY PENDENTE LITE REQUEST filed on MAY 16 , 2007 in the above captioned matter is dismissed without prejudice due to: THE PARTIES' DECREE IN DIVORCE ON DECEMBER 28, 2007 AND THEIR MARITAL SETTLEMENT AGREEMENT WITH AN AWARD OF ALIMONY TO THE PLAINTIFF FOR THIRTEEN MONTHS AND PAYABLE THROUGH THE PENNSYLVANIA STATE COLLECTIONS AND DISBURSEMENT UNIT. 11TH DAY OF JANUARY, 2008 Date DRO: R. J. SHADDAY Service Type M BY THE COURT: KEVIN ss, JUDGE Form OE-505 Rev. I Worker ID 21005 -Ti ` c? -n IrT F ? I yi f C? John A. Davidson PLAINTIFF VS. Ardith A. Davidson, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLV NO. 06 786 Civil Term IN DIVORCE MOTION TO MAKE RULE ABSOLUTE And now comes the Petitioner, John A. Davidson, and respectfully represents 1. The Petitioner is John A. Davidson, Plaintiff in the above captioned 2. The Respondent is Ardith A. Davidson, the Defendant in the above ca matter. 3. On November 29, 2007 Petitioner Filed a Petition for Leave to File Complaint in Divorce. 4. On January 7, 2008 Petitioner filed an Amendment to the Petition for Leave tc# File Amended Complaint in Divorce. 5. January 11, 2008, This Honorable Court issued a Rule to Show Cause regarding Petition, returnable in 20 days. said 6. A copy of said Rule was served upon the Respondent, Ardith A. Davidson by Court. • 7. Other then this Rule to Show Cause issued by the Honorable Wesley J. Oler, J?. and the granting of Petition to Withdraw as Counsel filed by Lindsay Gringrich Macla?, Esquire also issued by the Honorable Wesley J. Oler, Jr. no other judge has rul?d upon any issue in this matter or any related matter. 8. As of the date of this filing, no response has been made to the Rule to Show Cause by the Respondent. WHEREFORE, Petitioner, John A. Davidson respectfully requests that the Petition?for Leave to File an Amended Complaint in Divorce to be granted. Respectfully submitted: 4ohn A. Davidson, Esquire PA - I.D. # 203890 Law Office of John A. Davidson 208 North 3`d Street, Suite 130 Harrisburg, PA 17101 Telephone - (717) 238-4043 Fax - (717) 238-4198 VERIFICATION I verify that the statements made in the foregoing document are true and c m 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: ?12,5-10jr John A. Davidson CERTICATE OF SERVICE And Now, on this 30th day of April, 2008 I, John A. Davidson, the Plaintiff, hereby certify that I have served true and correct copies of the within documents, first class mail postage paid as follows: Ms. Ardith Davidson 3130-1 Millcreek Drive Kalamazoo, Michigan 49009 The Law Office of John A. Davidson By John A. Davidson ID # 200503 208 N. 3rd Street Suite 130 Harrisburg, PA 17101 Plaintiff c:?3 ??3 .. ?.?.n ? ._) ?. .. _. ?_, 'v ,.. MAY 01 2008ey John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE ORDER AND NOW this ?daY of 2008, upon consideration of the Motion to Make Rule Absolute, it is hereby ORDERED and DECREED that John A. Davidson are granted leave to amend the Complaint in Divorce, in the above-captioned matter. BY THE COURT U-j 13J ? - ? C> c..l U John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the allegations will be admitted. 1. A Complaint in Divorce under Section 3301(d) of the Divorce Code was filed on May 15, 2008. 2. The parties to this action separated on or about February 1, 2005 and have continued to live separate and apart for a period of at least 2 years. 3. The marriage is irretrievably broken. 4. I understand that if a claim for alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs or expenses has not been filed with the Court before the entry of a final decree in divorce, the right to claim any of them will be lost. I verify that the statements in this Affidavit are true and correct. I understand that all statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authority. /John A. Davidson Dated: May 15,2008 ys Fr _ F , John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE AMENDED COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is John A. Davidson, who at the time this action was commenced resided at 4571 Sequoia Dr. A292, Lower Paxton Township, Dauphin County, Pennsylvania 17109 since March 1, 2005. As of September 12, 2007 resides at 7276 Huntingdon Street, Swatara Township, Dauphin County, Pennsylvania 17111. 2. Defendant is Ardith A. Davidson, who at the time this action was commenced resided at 7043 Carlisle Pike Lot 345, Carlisle, Cumberland County, Pennsylvania since March 1, 2005. As of October 8 the defendant has moved to 3130-1 Millcreek Drive, Kalamazoo, Kalamazoo County, Michigan 49009 3. . The Plaintiff and Defendant had been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this original Complaint. 4. The plaintiff and defendant were married on July 17, 1996 at Charlotte, North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. The parties separated February 1, 2005. 9. Plaintiff requests the court to enter a decree of divorce under Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. Dated: ),?Pf w /4app /" Y By John A. Davidson ID # 200503 208 N. 3rd Street Suite 130 Harrisburg, PA 17101 2 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. (X An A. Davidson Plaintiff Date: ADO ?' 3 hJ e? cz7 John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE CERTIFICATE OF SERVICE And Now, on this 161h day of May 2008 I John A. Davidson, hereby certify that I have served true and correct copies of the Amended Divorce Complaint and Affidavit of Separation, on Ardith A. Davidson by depositing same to in the United States Mail, postage prepaid addressed as follows: Ms. Ardith Davidson 3130-1 Millcreek Drive Kalamazoo, Michigan 49009 John A. Davidson By - John A. Davidson ID # 200503 208 N. 3rd Street Suite 130 Harrisburg, PA 17101 Plaintiff G z 31, ? > C'7 rrl John A. Davidson : IN THE COURT OF COMMON PLEAS PLAINTIFF VS. Ardith A. Davidson, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06 786 Civil Term DEFENDANT : IN DIVORCE 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 are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: Ardith A. Davidson Defendant ? a m 3 John A. Davidson PLAINTIFF VS. Ardith A. Davidson, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 786 Civil Term : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE To: Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after July 1, 2008 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. l .. r 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, Pennsylvania 17013 717-249-3166 2 ' '?`! T7 ?-?r ??, ? .. ? ? ,,...r.,' . C r . • i John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE COUNTER-AFFIDAVIT 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) or (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 expense if I do not claim them before a divorce is granted. _ (b) I wish to claim economic relief which may include alimony, division or 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. §4904, relating to unsworn falsification to authorities. Date: Ardith Davidson 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. 2 V-4 L t t r; Gt"r ca A 4 John A. Davidson : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF : NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF & 3301(d) DIVORCE DECREE To: Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after July 1, 2008 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. or , 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, Pennsylvania 17013 717-249-3166 2 51 g: cil John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE CERTIFICATE OF SERVICE And Now, on this 1011 day of June 2008 I John A. Davidson, hereby certify that I have served true and correct copies of the Counter Affidavit of Separation Waiver of Intention to Request Entry of a Divorce Decree Under §3301(D) of the Divorce Code and Notice of Intention to Request Entry of §3301(d) Divorce Decree, on Ardith A. Davidson by depositing same to in the United States Mail, postage prepaid addressed as follows: Ms. Ardith Davidson 3130-1 Millcreek Drive Kalamazoo, Michigan 49009 John A. Davidson ,!A h,... By John A. Davidson ID # 200503 208 N. 3rd Street Suite 130 Harrisburg, PA 17101 Plaintiff A NV a ?' , try . `,;, ? ?- ..,. ... ?.,.. -? W -° -c V % John A. Davidson : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 06 786 Civil Term VS. Ardith A. Davidson, DEFENDANT : IN DIVORCE PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of Complaint: February 8, 2006 first class mail postage prepaid certified restricted delivery return receipt requested 3. Date of execution of Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: May 15, 2008 4. Date of filing of Plaintiff's Affidavit required by Section 3301(d): May 15, 2008 5. Date of service of Plaintiff's Affidavit upon Defendant: June 10, 2008 6. Related claims pending: None 7. I certify that the Notice of Intent to file Praecipe to Transmit as required by Rule 1920.73 was mailed on [date] and a copy thereof is attached. I further certify that all other documents required by Rule 1920.73 are enclosed herewith. ohn A. Davidson, Esquire PA - I.D. # 203890 Law Office of John A. Davidson 208 North 3`d Street, Suite 130 Harrisburg, PA 17101 Telephone - (717) 238-4043 Fax - (717) 238-4198 2 c ? 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Y. .. Pk fi /A) -17rr VERSUS 6fA(?k .} 0,? 2i 4*c, 10r? A)-r No. 0 6 7 Z,16 c, a DECREE IN DIVORCE AND NOW, J V '? ( ?_00A, IT IS ORDERED AND DECREED THAT J.'_-> k n '! . C)t1,, I A50 6. PLAINTIFF, AND r A, + k 4 (/6_V) r-1 nn -,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; PROTHONOTARY ,?