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Home My WebLink About02-1827PAMELA JO SCOTT, Plaintiff DERRIK M. SCOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. . CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Derrik M. Scott 1077 Salem Pank Circle Mechanicsburg, PA 17055 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 at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013-3387. 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, PA 17013 (717)249-3166 800-990-9108 Document #: 230626.1 PAMELA JO SCOTT, : Plaintiff : V. : DERRIK M. SCOTT, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Pamela Jo Scott, who currently resides at 45 Colonial Crest Drive, Lancaster, Lancaster County, Pennsylvania 17601. 2. Defendant is Derrik M. Scott, who currently resides at the Cumberland County Prison, but holds an address at 1077 Salem Plank Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. 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 Plalntiffand Defendant were married on May 7, 1999, in York, York County, Pennsylvania. The parties separated on February 5, 2000. 5. There have been no prior actions of Divorce or for annulment between the parties. 6. One child was bom of the marriage, Laney Made Scott, D.O.B. 12/13/99. 7. Plaintiff has been advised that counseling is available and that Plalntiffmay have the right to request that the court require the parties to participate in counseling. Document #: 230626.1 years. 8. The parties have been living separate and apart for a period of more than two (2) 9. The marriage is irretrievably broken. 10. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff, requests the Court to emer a Decree in Divorce and such other orders as may be just and appropriate. Dated: METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 3211 North From Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff Document #: 230626.1 VERIFICATIO~ I, Pamela Jo Scott, hereby certify that the facts set forth in the foregoing Complaint Under Section 3301(c) or 3301(d) of the Divorce Code are tree and correct to the best of my knowledge, infomiation and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities. Date : "Pamela Jo Sc,~ Document #: 230626.1 PAMELA JO SCOTT, DERRIK M. SCOTT, Plaintiff : : : : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1827 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above captioned matter so that service can be performed as to Defendant, Derrik M. Scott. Respectfully submitted, Dated: May 16, 2002 By: · Hildabrand, Esquire METZGER WICKERSHAM 3211 N. Front Street Box 5300 Harrisburg, PA 17110 717) 238-8187 I.D. #30102 Attorney for Plaintiff Document #: 234550.1 PAMELA JO SCOTT, Plaintiff V. DERRIK M. SCOTT, Defendant IN THE COUKT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. Oa-7 CML ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS TO: Derrik M. Scott 1077 Salem Pank Circle Mechanicsburg, PA 17055 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the clain~ 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 at the Cumberland County CourthouSe,' One Courthouse Squ_are, Carlisle, Penn.qylvania IF YOU DO NOT FII,E A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIlE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPERTO yoUR LAWYERAT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~ OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 PAMELA JO SCOTT, : Plaintiff : V. : DERRIK M. SCOTT, : Defendant : iN THE COURT OF coMMoN PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER 3301 c OR 3301 d OF THE DIVORCE CODE 1. Plaintiff is Pamela Jo. Scott, who currently resides at 45 Colonial Crest Drive, Lancaster, Lancaster County, Pennsylvania 17601. 2. Defendant is Derrik M. Scott, who currently resides at the Cumberland County Prison, but holds an address at 1077 Salem Plank Circle, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. 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 May 7, 1999, in York, York County, Pennsylvania. The parties separated on February 5, 2000. 5. There have been no prior actions of Divorce or for annulment between the parties. 6. One child was bom of the marriage, Laney Marie Scott, D.O.B. 12/13/99.'~ 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. years. The parties have been living separate and apart for a period of more than two (2) 9. The marriage is irretrievably broken. 10. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff, requests the Court to enter a Decree in Divorce and such other t orders as may be just and appropriate. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. : _ · . ~ ~.._~ .TZ~ Karl R. Hildabrand, Esquire Attorney I.D. No. 30102 3211 North Front Street P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorney for Plaintiff 3rERIFICATION I, Pamela $o Scott, hereby certify that the facts set forth in the foregoing Complaint Under Section 3301(c) or 3301(d) of the Divorce Code are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. ~4904 relating to unswom falsification to authorities. ' Pamela Jo Date PAMELA JO SCOTT, Plaintiff V, DERR1K M. SCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-01827 CIVIL ACTION - IN DIVORCE AFFIDAVIT OF SERVICE I, Karl R. Hildabrand, Esquire, counsel for Plaimiff Pamela Jo Scott in the above captioned action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant Derrik M. Scott on May 22, 2002 by certified mail, return ~eceipt requested. Attached hereto, marked as Exhibit "A" and incorporated herein by reference is the return receipt card for said service. METZGER, WICKERSHAM, KNAUSS & ERB Karl R. Hildabrand, Esquire Attomey I.D. 30102 Attorneys for Plaintiff 3211 North Front Street Harrisburg, PA 17110-0300 Attorney for Plaintiff Document #: 235019.1 Derrik M. SCott Cumberland County Prison 1101Claremont Road ]arlisle, PA 17013 7099, :3400 00~6 05~3~,~196~. .... , ,., ~-, , , .... I PS Form 381 1, J01y 1999 Domestic Return Receipt ~ C.,~fled Ma~ 0 Expm~ M~ O~ 0 Retum Recelpt for Merchandise [] Ins~ Mail r'l C.O.D. 4. Re~floted Dellve~j? ~.xtm Fee) i-lyes 102595-O0-M-G952 PAMELA JO SCOTT, Plaintiff V. DERRIK M. SCOTT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-1827 : : CIVIL ACTION- LAW : IN DIVORCE NOTICE If you wish to deny any of these statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you, or these statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(d) of the Divorce Code was filed on May 20, 2002. 2. The parties to this action separated February 5, 2000, and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses if I do not claim them before 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. § 4904 relating to unswom falsification to authorities. Date: V-3~ ~(~ ~ ' Pamela JoaSeo~ .... Document#:237751.1 PAMELA JO SCOTT, PLAINTIFF IN THE COURT OF COMMON PLEAS OF · CUMBERlaND COUNTY, PENNSYLVANIA DERRIK M. SCOTT, DEFENDANT · 02-1827 CIVIL TERM ORDER OF COURT AND NOW, this ~-- day of Novernber, 2002, the motion for the entry of a final decree in divorce, IS DENIED at this time? /Andrew C. Spears, Esquire P.O. Box 5300 Harrisburg, PA 17110-0300 For Plaintiff :sal Edgar B. Bayley, ,~. v ~ ~ The complaint has never been properly served pursuant to Pa. Rules of Civil Procedure 1920.4(a) and 1930.4(c), because the certified mail containing the complaint was not sent to addressee only and was signed by someone other than defendant. The record must establish that defendant received the complaint. Furthermore, the manner of the service of the affidavit required by Section 3301(d) of the Divorce Code is not set forth in tlhe record nor is the manner of service of the notice of intention to file a praecipe to transmit the record for the entry of a divorce set forth in the record. PAMELA JO SCOTT, DERRIK M. SCOTT, Plaintiff · : Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1827 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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. The parties have been separated and apart for two (2) years or more. Date and manner of service of Complaint: A Complaint in Divorce was filed on April 12, 2002, a Praecipe to Reinstate the Complaint was filed on May 20, 2002, and served on Defendant on May 22, 2002, by certified mail, return receipt requested. An Affidavit of Service was filed on May 29, 2002. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301 (c) of the Divorce Code: NA Plaintiff: Defendant: (b)(1) Date of execution of Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: July 13, 2002 (2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filing: August 23, 2002 Service: August 23, 2002 4. Complete the appropriate paragraphs: Document ii: 244526.1 o (a) (b) (c) (d) (a) Co) Related claims pending: None Claims withdrawn: None Claims settled by agreement of the parties: None State whether any written agreement is to be incorporated into the Divorce Decree: N/A. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be emered under section 3301 (d)(1)(i) of the Divorce Code: Service: Certified mail, remm receipt requested, on September 18, 2002 Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: NA Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: NA METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Document 74: 244526.1 PAMELA JO SCOTT, Vo DERRIK M. SCOTT, Plaintiff · Defendant · IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1827 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this \51 ~y of November, 2002 I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knauss & Erb, P.C., attorneys for Plaintiff, Pamela Jo Scott, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Derrik M. Scott, Defendant Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 METZGER, WICKERSHAM, KNAUSS & ERB, p.c. By: Andrew C. Spears Document #: 242320.1 IN THE COURT OF COMMON Of CUMBERLAND COUNTY STATE Of PENNA Pamela Jo Scott, PLEAS Plaintiff VERSUS Derrik M. Scott, Defendant NO. 02-1827 DECREE IN DIVORCE AND NOW,~ ~ T~l~lT IS ORDERED AND DECREED THAT Pamela Jo Scott , PLAINTIFF, AND Derrik M. Scott 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; None Jo PROTHONOTARY