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Home My WebLink About95-04209 ~ \ J 'U ~ ,~ '~ i , ~; . ~ ::~:~~!:,_::!:~'__'~~-:':~~:' .~:,- :~~.~~::"_'=!:'-.:!:'~~-.~~':~' .~'~:~_~:.:'_,:__:~:~ ('~!~':_,,'~!~'~ ~'~!:~_:~:~..5!;.:.-::~:'__'~ '-:~!~'_ .;. w \^ r,; * ~ ~ ,', ~ IN THE COURT OF COMMON PLEAS ,', ~ w '.' .;, " OF CUMBERLAND ~I)t STATE OF ~.' ~ ... ,10 ... ", .~,..t PENNA. COUNTY .;, ., ~ ... w '.' .;, " MARILOU MCDAVID ,', * ~ '.' ,', ~ Plaintiff i'\ (). d95-:-.~20?'d~iv,1.~'dT.~,~~ Il) 95 Vl'l":,lI:; s JOHN W. MCDAVID ~ Defendant ,., ~ .' ~, ~ ,., ~ DECREE IN DIVORCE ,', * ,', :, ~ -. w ... AND NOW, ,...... .<<1.~e!t,. ..?J~, ~...... 19, ?~... it is ordered and decreed that ...... ~~~~~~. ~~~~~~~, , . . . . . . . . . . , , . , , , , . . . . . . . . ., plaintiff. and. .. ,. . . . . '" . . . JOHN. .w... MCJlAV.ID . . . . . . . , .. . . . , . . . . . . . . . . . '. 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 ,... .... ,. .......,......... ..... ....... ... ... ... ... ......... .... ........... .:. ~ ,', ~ ~'. ~ n y T e A4 Aile. .""","'t1f,.'Utt(;( E' t'tkdf% ,6~,..,..r,,> J. ~P"J'i ,e. ~41 t/'J..:?t / 7hrothollolary ,', ~ ,', ~ ," ~ ~ ~ ~ :;'---... ~~:. .~:. .:.;. .:.:- .:.:- -: :i; :-.~.***~~~*********~*~..~.*** ~ '.' ~ '.' ~ '.' * ~ * *- '.' ~ * ~ '.' ~ ~ '.' ~ '.' ~ '.' ~ ... w '.' ~ !~ j'" l~ I~ i~ l~ i~ i':' i~ I~ I',' i... ,~ I' (~ i,., I, ;; .... I, {~ ( :~ i'.' I~ I' :~ * ~ ~ ~ 3-~'6 f't. (}<.-j. t'~ ;t"<~~V 7Ii ~-#" 3'tJt',ft- 7lRk~ ~~4/ ~ 4'4 X1.t?4~ , , \ \ \ \ i I i a: 1 I I s I ~;I:;;1~"ed0;~~ ~134t.J ~>> I~: Ou-ac, (ltt> 9;;'/0'/ '; i6. ~ ,; PS Fo,m I .110 wllh 10 !ec.ly. the following lervlell Itar In e..tra !.el: 1. 0 Add'....... Add'.I. 2. 0 R.ltrlcl.d D.Uy.,y Consult Dltmllter for '88. Article Number 4.. 4b. Service Type ~.gllle'.d 0 Inlur.d C.rlllled 0 COD j bpr... M.II 0 R.lurn Recelpl fo, ! f'l3ndllll .. 7. 0.1. of D.I2t:~<; , q 'i 8. Addless88'. Addre.. IOnty If reque.ted J1I .nd f.e II p.ld) l DOMESTIC RETURN RECEIPT ~ ,f ,f . ----.. . .-.... , , \ \ \ \ ~ \ \ Olllela' Bu.ln... I II 111\- t~LVTZ PE TV FOR ~Ai? USE ~StM~ ~ II" Print your name, address and ZIP Coda here · Q(b~ ~ [Jf~J:. (]~'A o....d(J,l;c.? ~8-tH;> ~J:vr~ "lIflllIll(fJ6Lil.,f11~~,l.ll.P II .. " .' --, ....:. MARILOU MCDAVID, PlaintilT IN TIlE COllin OF COMMON PLEAS . OF CUMIIERLANl> COUNTY: PENNSYLVANIA VS, NO '1-1 W 11\11046olt20 {/ Jj . CIVIL ACTION - LAW I (I' (I II ) (~q t-ILL. HOHN W, MCDAVIl>. Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO TilE PROTIIONOTARY: . Trnnsmilthe record. together with the following informalion. to the Court for enll')' of a di\'orce decree: I, Ground for di\'orce. irrelriC\'able breakdown under SectIon JJO I(e) of Ihe Dh'orce Code. 2. Date of sen'ice of the complaint AUl\usl 7, 199~. Acccptance of Sen'icc: Certified Mall daled Selllemher 2~, 199~ 1. Complete either paragraph (a) or (b) (a) Date of execution of of the Affida\'it of Consent required ~' Section 330 I (c) of the Di\'Orce Code: ~' Plaintiff: February 26, 1996: by Defendant Februar,' III, 1996 copy filed with Office of Prothonotal')' on February 26. 1996.. (b) Date of eXCCl1tion of Plaintiffs Affida\'it required ~. Seclion 33111 (d) of lhe Di\'orce Code: _nla_and date of sen'ice of the Plaintiffs Affida\'it upon the Defendant _nla 4, Relale claims pending: No related claims pending S. Date and manner of Scn'ice of Notice of Intenlion to file Praecipe to Transmit record. a copy of which is altached ifthedccree is to be entered under scclion 330I(d) (1) of the Dh'Ofce Code: _nla 6, Date and mailer ofsen'ice of Notice of Intention 10 file praecipe to transmit record. a cop)' of which is atlllchcd. if the decree is to be entered under Secion 3301(e) of Di\'orce Code: IsI CllU!I mall, Fehrua,,' 23,1996 10 Ihe Defendanl or date of execution of wah'er of Notice of Intent: Februar,' 26, 1996 by Ihe PlalnlllTand date of filing of mli\'er: Ihe dale of Ihe fillnl\ of Ibis document. Rcspcctfull}' submillcd. DeArmond & DeArmond Date: r:oJlic... ~ Keith B, DeArmond, Esquire Sup. Cl. I,D. # S8878 2800 Markel Street Camp Hill. PA 17011 (717) 7311-9)')4 . i.;: c:1 I;. 1-- u.l c" C,.:'p \'- L.J; {.1,"\ l.~ \ - ~:1 ~ t'-; ,. -, ..,~. -..' -~ c-J l.. , '.. ..... ,,' :} , ; LotTI) ,'. :~. aDJ ~:_', ,~ - ~ ,~t a... Ln l~" ,,., C") r- u :=> oc:: ~ .... ... i ....., I(IU/.Jl, 11: 11~_rj,1. ~-J.s. r . {- fL w,Jrr c , Ui'P--(l (~t A, l" "~LfJ-!'t" 'tJ/r a, ~ [\J II ';::- ~ - \~ ~ r. ~ .::...,.---"V'\ ~ Co f\, '~~ ..... """ . - \..:::) ~~~l~~ '-.J~0 ~i I 'I "~" .. r :~ , f , MARl LOU E. MCDAVID, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. rr- ~ )01 (J c tl-; C JLVIl"'----' : CIVIL ACTION. LAW V, JOHN W. MCDAVID, 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 that if you fail to do so, the case may proceed without you and a decree of divorce or annulmenl 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, 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 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 , . MARl LOU MCDAVID, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO, : CIVIL ACTION - LAW JOHN W, MCDAVID, DEFENDANT : IN DIVORCE COMPLAINT IN DIVORCE I. The Plaintiff, Marilou McDavid, is an adult individual who currently resides at 2 I 0 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania 1701 I. 2. The Defendant, John W. McDavid, is an adult individual whose current address is 204 Schuylkill Street, Harrisburg, Dauphin County, Pennsylvania 170 I 8, 3, Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4, The Plaintiff and the Defendant were married on May 16, 1992 in San Diego, California. 5. The parties separated on or about March 10, 1995, 6. Neither party has instituted any prior action of divorce or annulment with regard to this marriage in this or any other jurisdiction, 7. There is one child by this marriage: John Wayne McDavid, Jr" born January 24,1993, 8. The Defendant is a member of the United States Army National Guard, COUNT I - DIVORCE UNDER SECTION 3301lc) OR 3301ld) 9. The averments of Paragraphs I through 8 are incorporated herein by reference. 10. The marriage is irretrievably broken, I I. The Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. .. Wherefore, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter pursuant to 3301(c) or 3301(d) of the Divorce Code, COUNT II - INDIGNITIES 12. The averments of Paragraphs I through II are incorporated herein by reference. 13. The Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. Wherefore, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter pursuant to 3301(a)(6) of the Divorce Code, COUNT 11I- EOUITABLE DISTRIBUTION 14. The averments of Paragraphs I through 13 are incorporated herein by reference. 15, Plaintiff and Defendant have acquired property, both real and personal during their marriage from May16,1992 until June 30, 1995, the date of their separation. 16, Plaintiff and Defendant have been unable to agree as to an equitable division of said property, Wherefore, Plaintiff requests your honorable Court to equitably divide all marital property. COUNT IV - ALIMONY 17. The averments of Paragraphs I through 16 are incorporated herein by reference, 18. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 19. Plaintiff requires reasonable support to adequately maintain herselfin accordance with the standard of living established during the marriage. Wherefore, Plaintiff requests your honorable Court to enter an award of alimony in her favor. COUNT V . ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES 20. The averments of Paragraphs I through 19 are incorporated herein by reference. 21. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel, 22. Plaintiff is unable to sustain herself during the course of this litigation. Wherefore, Plaintiff requests your Honorable Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT VI - CUSTODY 23. The averments of Paragraphs I through 22 are incorporated herein by reference. 24. Plaintiff seeks custody of the following child: Name John Wayne McDavid, Jr. Present Residence 210 Senate Avenue, Camp Hill, PA Age 2 1/2 years 25. In the past five years, the parties" child has resided with the following persons, at the addresses and for the periods of time indicated below: Plaintiff Plaintiff & Defendant Plaintiff & Defendant Plaintiff & Defendant 210 Senate Avenue, Camp Hill, PA 210 Senate Avenue, Camp Hill, PA 2548 Green Street, Harrisburg, PA Fallbrook California 5/95 . Present 3/95 . 5/95 10/93 - 3/95 1/93 - 10/93 The child was not born out of wedlock. The child is presently in the custody of Marilou McDavid who resides at210 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania, 17011. The Mother of the child is Marilou McDavid who resides at 210 Senate Avenue, Camp Hill, Cumberland County, Pennsylvania, 170 II. She is married, The Father of the child is John W, McDavid, currently residing at 204 Schuylkill Street. Harrisburg, Dauphin County, Pennsylvania 17018, He is married. 26, The relationship of Plain tilT to the child is that of Mother, The PlaintilT currently resides with the child, 27. The relationship of the Defendant to the child is that of Father. The Defendant resides alone, 28. PlaintilThas not participated as a party in other litigation concerning the custody of the child. PlaintilThas no information ofa custody proceeding concerning the child pending in a court of this Commonwealth. The Plaintiff does not know of a person nor a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child, 29. The best interests and permanent welfare of the child requires that primary physical custody and legal custody of the child be with the PlaintiffIMother, Marilou McDavid because she is the primary physical caretaker of the child. Wherefore, PlaintilT, Marilou McDavid, respectfully requests that she be awarded primary physical custody and primary legal custody of the subject minor child as provided herein. /:~~ Keith B. DeArmon~ Attorney ID Number 58878 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 DATE: ~/.J.. ,1995 -- -- VEIUIIICATION -. I, the undersigned, do hereby verify that the statemcnts made in the foregoing instrumcnt are true and correct to the best of my knowledge, information and belief. I understand that statements herein are made subject to the penalties of 18 Po. C. S. Section 4904, relating to unsworn falsilication to authorities. (/o1tw. iJk.. G- /t:'c /Jlav 1# Date: ~) .,./19 /?If' ".- MARl LOU MCDAVID, PLAINTIFF : IN THE COURT OF COMMON ()LEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO, 95-4209 Civil Term : CIVIL ACTION - LAW JOHN W. MCDAVID, DEFENDANT : IN DIVORCE PRAECIPE TO REINSTATE TO THE PROTHONOTARY: Kindly reinstate the attached Complaint in Divorce in the above-captioned action, Respectfully submilled, /J:d:i[lJL, Keith B. DeArmond, Esiluire Sup, Ct. J.D. II 58878 DeArmond & DeArmond 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 D8te:~;:?k 5 f ... ~ ~ " :-1: v' , c- " .' <T> VI ; ':'-oJ - - n. ... v> C"'. MARl LOU MCDAVID, PLAINTIFF IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS, NO, 95-4209 Civil Term : CIVIL ACTION - LAW JOHN W. MCDAVID, DEFENDANT : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 7, 1995, 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce, 4. 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 veritY 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: /~ RAP? 0 '.. l7t (:: !];: -" ~. '..r: l.u~ ..n U, '. ff; . ~~ , ~~'j 0'-' , <, -,. [1:);-- <,0 .,;'~1 ",-,,,;; _.~. c' ii:.l lJ..> t, , lL !....:.. ,,- ,-:> :5 u c, (.J _ ,,,... w_....,..._._ ..__--...-m- MARl LOU MCDAVID, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 95-4209 CIVIL TERM VS, JOHN W, MCDAVID, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDA VIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION JJOl(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 7, 1995. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint. J, I consent to the entry of a final Decree of Divorce, 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted, 5. 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 veritY 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: ;;'...t..a 'J-6/Cf9b 7//i~(;d(i.~~ GllI6.lJ'u'(.,& Marilou McDavid, Plaintiff .... c:..~ I: : (.", ...' ~ l1.l ~ ", , ~;' ..': u.. . ll_ . "I (:; r:-' ('oj " 00' c:l " j ; '.- , I' ') L c . .~) MARILOU MCDAVID. PLAINTIFF IN TilE COURT OF COMMON PLEAS OF . CUMIlElU.AND COUNTY. PENNSYLVANIA VS, NO, ')5--1209 CIVIL TERM . CIVIL ACTION - LAW JOHN W, MCDAVID, DEFENDANT : IN DIVORCE NOTICE OJ/INTENTION TO ItEOLJEST ENTJ{Y Ol/I)IVOJ{CE DECltEE TO: John W. McDavid. Defendant You have been sued in an aclion for divorce, You have failed 10 answer the complaint or liIe a counteraffidavitto thePlaintifi's affidavit, Therefore, on or after March 6, 1996, the Plaintiff can request the Court to enter a final decree in divorce, If you do notlile with the Prothonotary of the Court as answer with your signature nutarized or verified or a counteraffidavit by the above date, the Court can enter a final decree in divorce. Unless you have already liIed 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 lorever the right to ask for economic relief A COUNTERAFFIDA VIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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, COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE. PA 17013 CERTIFICATE OF SERVICE AND NOW, this 23rd day of February, 1996, I, Keith B, DeArmond, Esquire, do hereby certilY that I have served a copy of the foregoing Notice oflntention to Request Entry of Divorce Decree on this date by depositing a copy of the same by 1st Class United States Mail, postage prepaid in Camp Hill, Pennsylvania, addressed to: John W. McDavid 4344 Hamilton Street, Apt 5 San Diego, CA 92104 j(~/ Keith B. DeArmond, Esquire AlIorney for Defendant 2800 Market Street Camp Hill, PA 17011 (717) 730-9394 '.- <:::> . i:.; - i'-::. In - : u~~ 4, -, ''':r'' '" ( .. I:,! r..:! l', ~ "- ,~J t...: t',. - 1 I, P"; C:' (, - " ,- '.... .' . ... -' " L , ;.J