Loading...
HomeMy WebLinkAbout06-2762 05/15/2006 11:44 FAX .lDS&W I4i 002/002 Johnson; Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No. 17950 30 I Market Street P. O. Box; 109 Lemoyne,; Pennsylvania 17043-0109 (717) 7614540 Attorneys for Plaintiff DIANE GOODYEAR, Plaintiff IN THE COURT OF COMMON 'LEAS OF CUMBERLAND COUNTY, F4ENNA NO. Ole, -";;'i'''~ (l L U't L 10L~ v. MARLIN R. GOODYEAR, CIVIL ACTION - LAW IN DIVORCE Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set fortl in the following Iilages, 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 reqlJ9sted in these paplilrs by the Plaintiff. You may lose money or property or other rights important to you, including ~ustody or vis~ation of your children. Wlhen the ground for the divorce is indign~Ies or irretrievable breakdown of the marriage, you may rllquest marriage counseling. A list of marriage counselors is available in the C>ffice of the Prothdnotary 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 THE 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW THIS OFFICE OAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AILE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER 'lEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S, Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 -:. Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 0(.., -..J'lL'J-..... C?;u~L'-rVL~ CIVIL ACTION - LAW IN DIVORCE DIANE GOODYEAR, v. MARLIN R. GOODYEAR, Defendant COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Diane Goodyear, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, and files the following Divorce Complaint against the Defendant, Marlin R. Goodyear: 1. The Plaintiff is Diane Goodyear, an adult individual. residing at 13009 Naomilawn Drive, S.w., Lakewood, Pierce County, Washington 98498. Plaintiff's Social Security Number is 554-42-7347. 2. The Defendant is Marlin R. Goodyear, an adult individual, residing at 5321 Cobblestone Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant's Social Security Number is 171-28-5369. 3. The Plaintiff and Defendant were married on June 5, 1999 in Las Vegas, Nevada. 4. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania at least six months immediately prior to the filing of this Complaint. --::. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The parties separated on or about November 15, 2005, 7. Neither of the parties in this action is presently a member of the Armed Forces on active duty. 8. The marriage is irretrievably broken. 9, The Plaintiff has been advised of the availability of marriage counseling and she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce. Melissa Peel Greevy :272347 ::; VERIFICA nON I, Diane Goodyear, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C,S.A ~4904, relating to unsworn falsification to authorities. Date: -o/'~ d (JAAt;) Y-~/4~/ , Diane Goodyear Plaintiff IN THE COURT OF COMMON PLEAS OF THE CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2762 DIANE GOODYEAR, v. CIVIL ACTION - LAW MARLIN R. GOODYEAR, IN DIVORCE Defendant AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 15, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. C)"/ / Date: ~//62:.~':>/o 6 / L'~ ',d , A YiU b(ie Goodyear, pfaintiff ~ :283325 ~ <:'::> C..::> c;;n 0') f'"Il \) r'0 ~ o .1 -;-f nl:D ::-;-:;F~ '-~:i6 f~f~ :--t > :.0 -< ~ ......_:'/0 -:.. <..'1 c.."') V5. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-2762 CIVIL TERM DIANE GOODYEAR Plaintiff MARLIN R. GOODYEAR, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER ~3301 (e) OF THE DIVORCE CODE 1. A Complaint in Divorce under 93301 ( c ) of the Divorce Code was filed on May 15, 2006 and served on June 14, 2006. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit are 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 unsworn falsification to authorities.,'] . 7 .--~ /1 ' .---, / ":' <..~ .;(1 ... r/ ~.' y>' I {. ;/ <'1 / .::~-,." ~i;~"'"/ Date: r-/~-~t!JCJ~ DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301 ( e ) 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 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 unsworn falsification to authorities. '1 ' ) " . -' /"'1 c:~,:-')')././I . " / :,/7 i<~< .1 ,0 ~2#A ^/_-",;'~:'" -:: ,,~,-- C ~rlin R. G~dyear/--~ Date: ? - /4- c:<~. ,...., = <::::) 0--' o "'T1 -l ::r:-n rl1p -om ~~ 25 fT1 ;:-I ~ -< (/) r-rl --0 1'\.) -.J :r> :Jt en, co " Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy J.D. No, 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DIANE GOODYEAR, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2006-2762 Plaintiff v. CIVIL ACTION - LAW MARLIN R. GOODYEAR, IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served via Restricted Delivery U. S. Mail on June 14, 2006. Return of Service was filed June 21, 2006. 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 the Plaintiff September 21, 2006; by the Defendant September 14, 2006. B. (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's affidavit upon the Defendant: ~ 2006-2762 CIVIL TERM 4. Related claims pending: The Marital Settlement Agreement dated August 11, 2006, shall be incorporated, but not merged, into this Decree in Divorce and is enforceable as an Order of Court as provided in 23 Pa. C.S. 93105. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d) (1) (i) of the Divorce Code: Waiver of Notice signed by Plaintiff on September 21,2006, and filed concurrently herewith. Waiver of Notice signed by Defendant on September 14, 2006, and filed concurrently herewith. :283342 Enclosures () r-,) 0 c:::) c:: c::> -on (,::1'\ (/) --I ...., :1: .,., -U nlr.. -,-m !'0 :;;0 -.J ~~ Sf: =~;'t: ". =~-) :.r: C) , rTi '. ?;d .~. , <.II :'.0 ':':2 0) -< .' Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy 1.0. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff DIANE GOODYEAR, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. (')/~ -J.7&,:L C/~ll/~ CIVIL ACTION - LAW v. MARLIN R. GOODYEAA, IN DIVORCE Defendant AFFIDA vIr DIANE GOODYEAR, 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 by the court. 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: ~/i~~ .(Z,: J't!}=;rn,,) Diane Goo ye ~ f::J ~ ~ - ...() (') '" \) s; = ~ c.::> -rJi.~ "'" ~ ........ ~ ~ CTlj 3 ~3! ~ :;7. ;;: ~ ;1:-- -< -X ~ c/) ",' -om "C'l fj Ul ::pO ~ ~~? t ~ 7'1" -0 =- r-" ::t: (...., ::!J .",,"...; .- ~~,: ~'Y(') ..::: '-i' (3m ~ ,~~; --; ~- (/1 ?.is <.0 -<; --:J:- . Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lernoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA. NO. 2006-2762 CIVIL ACTION - LAW JURY TRIAL DEMANDED DIANE GOODYEAR, v. MARLIN R. GOODYEAR, Defendant RETURN OF SERVICE The undersigned makes the following return of service: The Complaint in Divorce was mailed to the Defendant, Marlin R. Goodyear, on June 13,2006 at Lemoyne, Pennsylvania: X A copy of the signed return receipt indicating service was completed on June 14, 2006 is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return of service 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. JOHNSON, eUFFIE, STEWART & WEIDNER Date: le / liD) D r By: :277526 ~ . ~ --, "LJ 0119'1: . Complete ~ems 1, 2, and 3. AIaO complete Item 41f Reslr1cted Delivery Is desired. . Print your neme and eddreos on the reverse so that we eM return the card to you. . Attach this card to the back of the mallplece, or on the front ~ space pennlts. 1. ArtIcleAddreooedto; Mar 1m fZ &lX{'-1~( 532\ ~tble-~~ ~{)k to~b 2. ArtIcIeNumber I'Xi3 Ib80 0 (TI8nsfor from _1ObeI) PS Form 3811, FebruSJy 2004 3. -1\'PO as COI1IIIed Moll [JAeg_ [J Insured Moll [J C.O.D. 4. A_ 0eI1ve1y'1 (8dno Fee) ~OO 0 !if ~~ ~ Aotwn A_pt -~ 102595-02-M.1. , "" -:, ....::~ o -., ..... ::r: fT. ~- ;'-,j w (.,,) c':' ;t; ;t;ili ili ;t; Of. Of. ili Of. ili ili ili Of. if, ili if, if, ili ili ili +. if, 'f +. ili if, +. if, ili ili if, if, if, if, if, if, ili if, ili ili Of. ;t; ;t; ili !Ii !f.iliili;li ili;liiliili ili iliiliili;t; iliili ili ili IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Diane Goodyear No. Plaintiff VERSUS Marlin R. Goodyear Defendant DECREE IN DIVORCE AND NOW, ~'t DECREED THAT Diane Goodyear AND Mar lin R. Goodyear ARE DIVORCED FROM THE BONDS OF MATRIMONY. PENNA. 06-2762 Civil 2006 , IT IS ORDERED AND , PLAI NTI FF, , DEFEN DANT, 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; None ili iliiliiliiliiliili ili ili if, if,if, ;Ii;!; ili ili!liiliili ili ili ;t; PROTHONOTARY /' ;t; ;t;;t; +. ;t; iliiliiliiliiliili iliili ili if, if, if, if, if, if, if, if, ili ili ili if, if, ili if, if, if, if, if, ili if, if, if, if, if, if, J. ili if, if, if, if, if, if, if, if, ",ili ~~2~~~ V-S'W ~?-? ~'4;;..?~ "c-5.",/ .. ,~ . \-. ,'\ ot:" .. ," ....... .