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HomeMy WebLinkAbout02-1687JOYCE L. JOHNSTON, Plaintiff GLENN WAYNE JOHNSTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. (~, --- 1/,,,O7 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. 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. 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. Lawyer Referral Service Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOYCE L. JOHNSTON, Plaintiff VSo GLENN WAYNE JOHNSTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Joyce L. Johnston, by her attorney, Kathy M. Shughart, and files this Complaint, based upon the following: 1. Plaintiff, Joyce L. Johnston, born October 20, 1939, is an adult individual and national of the United States of America, who currently resides at 30 Meadow Run Place, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Glenn Wayne Johnston, born January 31, 1932, is an adult individual and national of the United States of America, who currently resides at 19 Boeing Road, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant were married on December 29, 2001 in Cumberland County, Pennsylvania. 4. There are no children of this marriage. 5. Plaintiff and Defendant have been bona fide residents of this Commonwealth for at least six (6) months immediately prior to the filing of this Complaint. 6. There are no pending actions in divorce or annulment in this jurisdiction or in any other jurisdiction brought by either Plaintiff or Defendant above-named. 7. Neither Plaintiff nor Defendant is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. JOYCE L. JOHNSTON, Plaintiff V. GLENN WAYNE JOHNSTON, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA : NO: : Civil Action - Law : 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. Section 4904 relating to unsworn falsification to authorities. ,yc~ ~: J~hnston,~ntiff - ' JOYCE L. JOHNSTON, Plaintiff Vo GLENN WAYNE JOHNSTON, Defendant : IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, : : NO. It.P7 :CIVIL ACTION - LAW :INDFVORCE PENNSYLVANIA NOTICE OF ELECTION TO RESUME PRIOR SURNAME Notice is hereby given that, pursuant to the above-captioned divorce action, Plaintiff hereby elects to resume her prior surname of GINTER, and gives this written notice of her intention in accordance with the provisions of 54 Pa.C.S. Section 704. To be known as COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF DAUPHIN : On the ~O'~ day of ~t:~rc_~ ,2002, before me, a Notary Public, personally appeared JOYCE L. JOHNSTON, to be known as JOYCE L. GINTER, known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my ~hand. acd4~cial seal. 30YCE L. 30HNSTON, Plaintiff GLENN WAYNE .IOHNSTON, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 02-1687 CIVILTERM : :CIVIL ACTION -LAW :IN DIVORCE NOTt'CE TO PLEAD You are hereby notified to plead to the following Preliminary Objections within twenty (20) days of service or a default judgment may be entered against you. Respectfully submitted, LAW OFFICES OF RICHARD C. GAFFNEY l~chard d. Gaffne~, ~ Supreme Court ID No. 63313 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 .]OYCE L. 3OHNSTON, Plaintiff GLENN WAYNE .JOHNSTON, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO, 02-1687 CIVIL TERM : :CIVIL AC'['ION -LAW :IN DIVORCE DEFENDANT'S PRELTHTNARY OBJECTt'ONS TO PLAI'NTI'FF',q COHPLAI'NT TN DZVORCE And now, this ~lo~ day of April comes the above named defendant, Glenn Wayne .lohnston, by and through his attorneys, THE LAW OFFICES OF RICHARD C. GAFFNEY, who files the following preliminary objection to Plaintiff's complaint in divorce, and in support thereof, states as follows: Plaintiff, .]oyce L. ]ohnston, is an adult individual who currently resides at 30 Meadow Run Place, Harrisburg, Dauphin County, Pennsylvania. Defendant, Glenn Wayne .Johnston, is an adult individual who currently resides at 19 Boeing Road, New Cumberland, York County, Pennsylvania. Plaintiff commenced this action on April 5, 2002, by filing a complaint in divorce with the Prothonotary's office in The Court of Common Pleas in Cumberland County, Pennsylvania. The docket number is 002-1687. A true and correct copy of Plaintiffs' Complaint is attached hereto as Exhibit A. Defendant was served with this Complaint on or about April 9, 2002. m 9. 10. 11. 12. 13. 14. PRELIHTNARY OB.1 ECT/ON: TMPROPER VENUE The averments of paragraphs 1 through 4 are incorporated herein by reference thereto as though fully set forth herein, Pursuant to Pennsylvania Rules of Civil Procedure 1920.2(a) (relating to venue in actions for divorce or annulment of marriage), an action for divorce or annulment may be brought "only in the county (1) in which the plaintiff or the defendant resides, or (2) upon which the parties have agreed (i) in a writing which shall be attached to the complaint, or (ii) by participating in the proceeding." Pa.R.Civ. P 1920.2(c) provides further "Notwithstanding any agreement of the parties, if neither the plaintiff nor the defendant has resided in the county at any time during the pendency of the action, the court, upon its own motion and for its own convenience, may transfer the action to the appropriate court of any other county where the action originally could have been brought." Defendant is a resident of York County, Pennsylvania. Plaintiff is a resident of Dauphin County, Pennsylvania. Plaintiffs' Complaint was not filed in either York County or Dauphin County; rather, it was filed with the Court of Common Pleas of Cumberland County. Plaintiff is not a resident of Cumberland County, Pennsylvania. Defendant is not a resident of, nor could he be personally served in Cumberland County, Pennsylvania. The parties have not agreed in writing to bring this action in Cumberland County, Pennsylvania. Notwithstanding the filing of these preliminary objections, Defendant is not "participating the proceeding", as that phrase is used in section 1920.2(a)(2)(ii). See Pa.R. Civ. P. 1012(a) (a party's entry of appearance "shall not constitute a waiver of the right to raise any defense including questions of jurisdiction or venue'~. 15. 16. 17. 18. 19. 20. Cumberland County is not a proper venue for this action. Wherefore, the Defendant respectfully requests this Honorable Court to dismiss Plaintiff's Complaint or, in the alternative, transfer Plaintiff's Complaint to an appropriate court of any other county where the action originally could have been brought. PRELTMXNARY OB3ECTTON: FORUM NON CONVENXENS Pennsylvania Rules of Civil Procedure Rule 1006{d) provides "For the convenience of parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought." This action could have originally been brought in Dauphin County, Pennsylvania or in York County, Pennsylvania, Dauphin County would be a more convenient forum for the parties and the witnesses. Defendant has opened a docket and filed a complaint in divorce with the Prothonotary's office in The Court of Common Pleas in Dauphin County, Pennsylvania. (See. Exhibit Bi. WHEREFORE, Defendant respectfully prays this Honorable Court to dismiss Plaintiff's Complaint and close the docket in Cumberland County, Pennsylvania, as Plaintiff's complaint was improperly filed and a separate action has already commenced in Dauphin County, Pennsylvania. In the alternative, Defendant prays this Honorable Court to transfer Plaintiff's Complaint to the docket in Dauphin County, Pennsylvania. Respectfully Submitted, The Law Offices of Richard C. Gaffney mchard ~. Gaffney,~, Es~{~e 2120 Market Street, Suite 101'~ Camp Hill, PA 17011 '- 975-9033 EXHIBrI' A JOYCE L. JOHNSTON, Plaintiff GLENN WAYNE JOHNSTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. l , e7 : 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. 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. 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. Lawyer Referral Service Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JOYCE L. JOHNSTON, Plaintiff GLENN WAYNE JOHNSTON, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. : : CML ACTION - LAW : DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Joyce L. Johnston, by her attorney, Kathy M. Shughart, and files this Complaint, based upon the following: 1. Plaintiff, Joyce L. Johnston, bom October 20, 1939, is an adult individual and national of the United States of America, who currently resides at 30 Meadow Run Place, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, Glenn Wayne Johnston, born January 31, 1932, is an adult individual and national of the United States of America, who currently resides at 19 Boeing Road, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant were married on December 29, 2001 in Cumberland County; Pennsylvania. 4. There are no children of this marriage. 5. Plaintiffand Defendant have been bona fide residents of this Commonwealth for at least six (6) months immediately prior to the filing oft[tis Complaint. 6. There are no pending actions in divorce or annulment in this jurisdiction or in any other jurisdiction brought by either Plaintiff or Defendant above-named. 7. Neither Plaintiff nor Defendant is presently a member of the Armed Forces on active duty. 8. Plaintiffhas been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. EXHIBZI' B IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA GLEN WAYNE JOHNSTON, : 17~3 PLAINTIFF : _. V. .' JOYCE LOUISE JOHNSTON : DEFENDANT ~ : NO. CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims ~et fort[~''~ 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 fights 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 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 213 N. FRONT STREET HARRISBURG, PA 17101 (717) 232-7536 DAUPHIN COUNTY LAWYER REFERRAL SERVICE 15 20O2 I here'3y c~rt',fv th.~t the foregoing is a GLEN WAYNE JOHNSTON, PLAINTIFF IN THE COURT OF COMMON PLEAS OF DAUPHIN COUNTY, PENNSYLVANIA JOYCE LOUISE JOHNSTON DEFENDANT : NO. .. _. : IN DIVORCE : : COMPLAINT IN DIVORCE CIVIL TERM The Plaintiff is Glen Wayne Johnston, who presently resides at 19 Boeing Road, New Cumberland, Pennsylvania 17070. He has resided there since March 1978. The Defendant is Joyce Louise Johnston, who currently resides at 30 Meadow Run Road, Harrisburg, Pennsylvania 17112. The Plaintiff and the Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this complaint. The Plaintiff and Defendant were married December 29, 2001 in Dauphin County Pennsylvania. The parties to this action separated on March 18, 2002 and have continued to live separate and apart since then. There have been no prior actions of divorce or for annulment between the parties, other than an action filed to docket no. 02-1687 in the Cumberland County Court of Common Pleas on April 2, 2002 by Joyce L. Johnston, Defendant herein. Glen Wayne Johnston has filed preliminary objections to the action in that docket because venue is not properly laid in Cumberland County and because Cumberland County would not be a convenient forum. Plaintiff, Glen Wayne Johnston has moved the Cumberland County Court of Common Pleas to dismiss the action there or, in the aitemative, to transfer the matter to this Honorable Court, where venue is proper. 7. The marriage is irretrievably broken. The Plaintiffhas 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. 10. Neither the Plaintiffnor the Defendant is in the military or naval service or in any branch of the armed fomes of the United States of America or its allies or is otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. The Plaintiff requests the court to enter a decree of divome under Section 3301 (c) of the Divome Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree of divorce pursuant to 23 P.S. §3301 (c), upon both parties filing affidavits consenting to the divorce after ninety (90) days of service of this complaint have elapsed. Respectfully Submitted, The Law Offices of Richard C. Gaffney PA Supreme Court ID # 633 r3-' 2120 Market Street, Suite 101 Camp Hill, PA 17011 (717) 975-9033 Attorney for Plaintiff VERIFICATION I verify that I have read the foregoing Complaint in Divorce and verify that the statements made therein are tree and correct to the best of my knowledge, information and belief. I understand that false statemems herein are made subject to the penalties of 18 Pa.C.S.A. § 4904 relating to unswom falsification to authorities. Glen Wayn~e J6~rhl~n 30YCE L..JOHNSTON, Plaintiff GLENN WAYNE .JOHNSTON, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 02-1687 CIVIL TERM : :CIVIL ACTION -LAW :IN DIVORCE (;ERTZFZCATE OF SERVZCE I, Richard C. Gaffney, Esquire, hereby certify that I have served a true and correct copy of the foregoing documents to Plaintiff's counsel via United States mail this 16th day of April 2002 addressed to: Ms. Kathy M. Shughart, Esquire 27 South Arlene Street P.O. Box 6315 Harrisburg, PA 17112-0315 Richard C. Gaffne~, MI~,, Es(~ Attorney ID# 63313 JOYCE L. JOHNSTON, Plaintiff GLENN WAYNE JOHNSTON Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 02-1687 CIVIL TERM : : Civil Action - Law : Divorce PRAECIPE TO THE PROTHONOTARY: Please withdraw the Divorce Complaint filed to the above-referenced number and discontinue the action. Date: 4/22/02 Re/spectfu~ubmitt~. Attorney for Plaintiff P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112-0315 (717) 540-8511 Supreme Court #39779 JOYCE L. JOHNSTON, Plaintiff GLENN WAYNE JOHNSTON Defendant : IN THE COURT OF COMMON PLEAS, : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 02-1687 CIVIL TERM : : Civil Action - Law : Divorce CERTIFICATE OF SERVICE I hereby certify that I have on this day served a tree and correct copy of the Praecipe on the persons and in the manner indicated below, which service satisfies the requirements of Pa.R.Civ.P. 440. Service by first class mail addressed as follows: Richard C. Gaffney, Esquire 2120 Market Street Suite 10l Camp Hill, PA 17011 Dated: 4/22/02 submittedI Attorney for Plaintiff P.O. Box 6315 27 South Arlene Street Harrisburg, PA 17112-03 (717) 540-8511 Supreme Court #39779