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Home My WebLink About02-1686JUDY A. ALLEN, Plaintiff DONALD ALLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. C)1 - Ik$~ : 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 in 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 marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 JUDY A. ALLEN, Plaintiff DONALD ALLEN, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The Plaintiffis Judy A. Allen, an adult individual currently residing at 708 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. The Defendant is Donald Allen, an adult individual residing at 3246 Green Street, Harrisburg, Dauphin County, Pennsylvania. 17110 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 17, 1987, in Dauphin County, Pennsylvania. 5. There has been a prior action of divorce between the parties in the Dauphin County Court of Common Pleas, docketed to number 5766 S 1996. This action was subsequently purged for inactivity on January 18, 2000. 6. This action is not collusive. 7. Plaintiff and Defendant have lived separate and apart since on or about November 26, 1996. 8. The cause of action and section of the Divorce Code under which Plaintiff is proceeding is Section 3301(d). The marriage of the parties is irretrievably broken and the parties have been separated for a period in excess of two years. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. 11. Defendant is not currently serving in the United States Armed Forces. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a Final Decree in Divorce. Date: Respectfully submitted, THE LAW OFFICES OF SILLIKER & R 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Plaintiff JUDY A. ALLEN, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : No. : DONALD ALLEN, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit 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 DIVORCE CODE 1. The parties to this action separated on November 26, 1996, 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 tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4909 relating to unswom falsification to authorities. AFFIDAVIT and correct to the best of my knowledge, information and belief. I understand that false statements herein axe made subject to the penalties of 18 Pa. C. S. 4909 relating to unswom falsifications to authorities. Dated: JUDY A. ALLEN, Vo DONALD ALLEN, Plaintiff Defendant : 1N THE COUR OF COMMONN PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1686 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(D) DIVORCE DECREE TO: Donald Allen, Defendant You have been sued in an action for divorce. You have failed to answer the Complaint or file a Counteraffidavit to the Section 3301(d) Affidavit. Therefore, on or after June 7, 2002, the Plaintiff 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 counteraffidavit by the above date, the Court can enter a final Decree in Divorce. A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. Unless you have already field 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 forever lose the right to ask for economic relief. The filing of the form counteraffidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 JUDY A. ALLEN, DONALD ALLEN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1686 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER SECTION 3301{1)) OF THE DIVORCE CODE Check either (a) or (b): __ (a) I do not oppose the entry of a divorce decree. __ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both) __ (i) The parties to this action have not lived separate and apart for a period of at least two years. __ (2) The marriage is not irretrievably broken. 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 and expenses if I do not claim them before a divorce is granted. __ (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file ail 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 Entry of a Divorce Decree, the Divorce Decree may be entered without further delay. I verify that the statements made in this counteraffidavit 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: 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 COUNTERAFFIDAVIT. JUDY A. ALLEN, DONALD ALLEN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1686 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Notice of Intention to Request Entry of Section 3301 (D) Divorce Decree as well as Defendant's Counteraffidavit Under Section 3301 (D) of the Divorce Code was served upon Donald Allen on May 15 2002, by Certified Mail, return receipt requested, addressed as follows: Donald Allen 3246 Green Street Harrisburg, PA 17110 I hereby certify that the aforegoing is tree and correct to the best of my knowledge, infomiation and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: .~J,~_~_,~-~ - - Re~ee B}'eis~-~ch' · p~nt your name mhd addremm off ao that we can tatum the can~ to you. · Attach this card to the back of the or on the front if space permlt~. D. Im ~,~,,,~,~ ff YES, enter deliver ]Y~ below: 0 N~ 8 M~I 2. ArUcle Number ~s F~m 3~11, ~ ~0~ ?DD1. 1.1140 OOOk EN66 16~1fl JUDY A. ALLEN, DONALD ALLEN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1686 CIVIL TERM : CIVIL ACTION- LAW : IN DIVORCE CERTIFICATE OF SERVICE The undersigned, Renee Dreisbach, hereby certifies that a copy of a Complaint in Divorce was served upon Donald Allen on April 12, 2002, by Certified Mail, return receipt requested, addressed as follows: Donald Allen 3246 Green Street Harrisburg, PA 17110 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. · Print your name and address on the reveme II~ that we can return the card to you. · Attach this card to the back of the mailPtlee, ~' on the front if space pe~nits. 1. Article Addressed to: Dmald /99 17//0 Clt~nt D. Is deltve~ i itern 17 If YES, enter delivery address [] No ri Registered r-1 Retum )t for Memhandl~e [] In~ Mail 1'9 C.O.D. 2. ~o~,t~um~ i 7001 1940 0001. 248~B 9801 (Transfer from sew/Ce ~=e/) , , PS Form 3811, August 2001 JUDY A. ALLEN, DONALD ALLEN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-1686 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary:, Transmit the record, together with the following infoh'nation, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown hnder Section ( ) 3301 (c) (X) 3301 (d) of the Divorce Code. (Check applicable Isection.) 2. Date and manner of service of the Complmnt:~ April 12, 2002, by Certified Mail o Complete either (a) or (b). (a) Date of execution of the Affidavit of Con~ent required by Section 3301(c) of the Divorce Code: (b) (1) Date of execution of the Plaintiff's A: Section 3301(d) of the Divorce Code: April 1, 2002. (2) Date of service of the Plaintiff's Affi tidavit required by [avit upon the Defendant: April 12, 2002. 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: May 15, 2002, by Certified Mail. (b) Date Plaintiff's Waiver of Notice in §33011(c) Divorce was filed with the Prothonotary: Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: 6. Social Security Numbers: (a) Plaintiff: 201-38-9045 (b) Defendant: 194-34-6678 '~ Attorney for Plaintiff IN THE COURT OF COMMON PLEAS Of CUmberLanD cOUNTY STATE OF ~ PENNA. .JUDY...A.-.. ALLEN., .................................................. N o..0.2=1.§.I ............................................. P-1 a£n.t £ f.f- ................ Versus ..DP..N~_L.!).. AL._kE__N_., ................................................ .................................... D. efenda~t ......... DECREE IN DIVORCE ............... ,,1-g~... ~.., t is ordered and decreed that .... ~.u..dy. fi.....~.~.]:.e..n ............................... plaintiff, and ..... Dona.ld. i~.Ze- ....................................... defendant, are divorced from the bonds of matrimony. / The court retains jurisdiction of the following claims which have been raised of recc~rd, in this action for which a final prder has not yet been entered;~ ~ ~, I By Ti our