HomeMy WebLinkAbout00-03648
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
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STATE OF PENNA.
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DONNA M. SMITH, .
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. No. 2000-3648 CIVIL
Plaintiff
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. VERSUS .
RICKY G. SMITH,
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no-Fendant .
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DECREE IN
DIVORCE
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AND NOW, f<!':~ N;>~ 1 "l
, 2001 , IT IS ORDERED AND
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DECREED THAT Dann" M f';mi t-h
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AND
Rickv G. Smith
, PLAINTIFF,
, DEFENDANT,
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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;
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NONE
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PROTHONOTARY
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DONNA M. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
VS.
RICKY G. SMITH,
Defendant
CIVIL DIVISION
NO. 2000-3648 CIVIL TERM
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. Ground for divorce:
Irretrievable breakdown under ~3301 (c)
3301 (d)(1) of the Divorce Code.
(Strike out inapplicable section).
2. Date and manner of service of the complaint: JYR9 22,2999, ('prtifipn M;,il
Restricted Delivery
3. Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code:
by plaintiff 2/1/2001 ; by defendant 1.1I/rJ.:7~",
(
(b) (1) Date of execution of the affidavit required by ~3301 (d)
of the Divorce Code:
(2) Date of filing and service of the plaintiff's affidavit upon the respondent:
4.
Related claims pending:
NONE
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached:
(b) Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with
the Prothonotary: 2/1/2001
Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with
the Prothonotary:
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DONNAM. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. (HJ. 3(, 'If ~?;..,...
: IN DIVORCE
VS.
RICKY G. SMITH,
Defendant
NOTTeR TO DFFFNJ) AND rr ATMRTnHTS
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, 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 Cumberland County Courthouse, Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTII BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
Anthony L. DeLuca, Esquire
113 Front Street
P.O. Box 358
Boiling Springs, P A 17007
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DONNAM. SMTIH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: NO. ~-3(PW CJV~1
vs.
RICKY G. SMITH,
Defendant
DTVORr.F r.OMPT.ATNT
AND NOW, comes the Plaintiff, DONNA M. SMITH, by her Attorney, Anthony L. DeLuca,
Esquire, and seeks to obtain a Decree in Divorce, from the above-named Defendant, upon the grounds
hereinafter more fully set forth:
1. Plaintiff is DONNA M. SMTIH, who currently resides at 25 Pine Grove Road,
Gardners, Cumberland County, Pennsylvania since September, 1996.
2. Defendant is RICKY G. SMITH, who currently resides at 25 Pine Grove Road,
Gardners, Cumberland County, Pennsylvania since September, 1996,
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on June 12, 1990 at Carlisle, Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or
its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and
its amendments,
6, There have been no prior actions of divorce or for annulment between the parties in
this or any other jurisdiction,
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.
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REQUEST FOR A NO-FAULT DNORCE UNDER
SECTION 3301 (c) OF THE DNORCE CODE
8, The prior paragraphs of this Complaint are incorporated herein by reference thereto.
9. The marriage of the parties is irretrievably broken.
10. After ninety (90) days have elapsed from the date of the filing of this Complaint,
Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that
Defendant may also file such an affidavit
WHEREFORE, ifboth parties file affidavits consenting to a divorce after ninety (90) days have
elapsed from the date of the filing of this Complaint, the Plaintiff respectfully requests the Court to
enter a decree in divorce pursuant to Section 3301 (c) of the Divorce Code,
rOT!NT TT
REQUEST FOR A FAULT DNORCE UNDER
SECTION 3301 (a) (6) OF THE DNORCE CODE
11. The prior paragraphs of this Complaint are incorporated herein by reference hereto.
12. Defendant has offered such indignities to Plaintiff who is the innocent and injured
spouse as to render Plaintiffs condition intolerable and life burdensome.
13. This action is not collusive as defined by Section 3309 of the Divorce Code,
WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant
to Section 3301 (a) (6) of the Divorce Code.
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CUSTODY
14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as
though set forth in full.
15. Plaintiff seeks custody of the following child, born of their marriage: April M. Smith,
age 8, born on April 14, 1992.
16. The child is presently in the custody of the Plaintiff; who resides at 25 Pine Grove
Road, Gardners, Cumberland County, Pennsylvania.
17, Since birth, the child has resided with the following persons at the following addresses:
a.) 1996-Present with Plaintiff and Defendant at 25 Pine Grove Road, Gardners,
Cumberland County, Pennsylvania.
b.) 1992-1996 with Plaintiff and Defendant at 1255 Shippensburg Road, Biglerville,
Adams County, Pennsylvania.
18. Plaintiff has not participated as a party, witness or in any capacity in any other litigation
concerning the custody of the child in this or any other state.
19. Plaintiff has no information of any custody proceeding concerning the child pending in
this or any other state.
20. Plaintiff does not know of any person not 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.
21. It is in the best interest and welfare of the child to remain in the custody of the mother,
DONNA M. SMITH, Plaintiff herein.
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WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant custody of April M. Smith,
to the Plaintiff and award visitation rights of said child to the Defendant.
Respectfully Submitted,
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Anthony L. DeLuca, Esquire
113 Front Street
P,O. Box 358
Boiling Springs, P A 17007
(717) 258-6844
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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. 9 4904, relating to unsworn
falsification to authorities.
Date: to- / 5-()()
O~'-rvL fm ~rL
Donna M. Smith, Plaintiff
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DONNAM. SM11H,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION -LAW
VS.
RICKY G. SMITH,
Defendant
: NO. 2000-3648 Civil
: INDNORCE
AFFIDA VfT OF r.ONSFNT
1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on June
16, 2000.
2, The maniage 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 final decree of 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. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn
falsification to authorities.
Date: ,A ~ ~ f. )-OI){
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N~'wt~:a:L
Donna M. Smith, Plaintiff
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DONNA M. SMITH,
Plaintiff
: IN TIIE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VS.
RICKY G. SMITH,
Defendant
: NO. 2000-3648 Civil
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~3301(c) OF TIIE 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 ifl 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 verilY 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:""t, t $ ;:;YkJ/
POtvnDA- Y1L Sm A;) I
Donna M. Smith, Plaintiff
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DONNA M. SMITH
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:: IN THE COURT OF COMMON PLEAS OF
:: CUMBERLAND COUNTY, PENNSYL VANIA
:: NO. 00-3648 CIVIL TERM
RICKY G. SMITH
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed June 16,
2000.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have
elapsed from the date of filing the complaint.
3. I consent to the entry of a final decree of divorce.
4. I have been advised of the availability of marriage counseling, that I may request that
the Court require that my spouse and I participate in counseling, and that the Court maintains a
list Of marriage counselors in the Prothonotary's Office, which list is available to me upon
request. Being so advised, I decline to request that the Court require that my spouse and I
participate in counseling.
5. 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 true and correct. I understand that
false statements herein are made subject to the penalties of 19 Pa.C.S. Sec. 4904 relating to
unsworn falsification to authorities.
Dated: .~ / ~~ ~
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Ricky . ffi1th
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DONNA M. SMITH
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:: IN THE COURT OF COMMON PLEAS OF
:: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO. 00-3648 CIVIL TERM
RICKY G. SMITH
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 330l( c ) OF THE DIVORCE CODE
I, I consent to the entry of a final decree without notice.
2. 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.
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. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Sec. 4904 relating to unsworn falsification to authorities.
Datedy~>.L<c i.~ ;;~
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Ricky G. mlth
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DONNAM. SMTIH,
Plaintiff
: IN TIffi COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
VS.
RICKY G. SMTIH,
: NO. 2000-3648
CIVIL TERM
Defendant
AFFIDAVIT OF MATT ,TNG
COMMONWEALTH OF PENNSYLVANIA :
: SS,
COUNTY OF CUMBERLAND
Anthony L. DeLuca, attorney for Plaintifl; being duly sworn according to law, says that he
mailed by certified mail, return receipt requested, a true and correct copy of the Complaint in Divorce
under Section 3301 (c) of the Divorce Code to the Defendant at his
residence and that Defendant did receive same, as evidenced by the signed receipt attached hereto as
Exhibit "A".
By ~~b
AnthonyL. De Esquir~
113 Front Street
P.O. Box 358
Boiling Springs, PAI7007
(717) 258-6844
Sworn to and subscJibed
before me this 9J1t{ day
of February, 2001.
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tary Public
NOTARI,\L SEN.'-----'-"
S~~~lJMORddIEI A, l)aLUGA, N~law P'Jb!ic ';
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M CommiSSion Expires Nov. 1. 200~ :'
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I . reas on the reverse of this form 80 that we can return this
card to you.
-Attach this tonn-to the front of the mailplece. or on the back 11 space does not
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.. oWrfto'RslUm RBCSIpt Requostod'oo.... maJlpfece below !he ertJcI. number.
:Ii oTho Ret\un Roc:oIpl will ohow to whom !he artIcle was delivered end !he date
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DONNA M. SMITH
PLAINTIFF
V.
RICKY G. SMITH
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
00-3648 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 7th day of August ,2000, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Melissa P. Greevy, Esq. , the conciliator,
at 214 SeuateAvenue, Suite 105, Camp HiD, PA 17011 on the ~ day of September ,2000, at 10:15 a.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
FOR THE COURT,
By: Isl
Meli a P. Greev Es.
Custody Conciliator ~
'The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. F9r information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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, Pennsylvania 17013
Telephone (717) 249-3166
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DONNAM. SMITH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
VS,
CIVIL ACTION - LAW
: lNCUSTODY ~- 3'-4'P
COtCY~
RICKY G. SMITH,
Defendant
ORDER OF COURT
AND NOW, this
day of August, 2000, upon consideration of the attached Complaint, it
is hereby directed that the parties and their respective counsel appear before
, the conciliator, at
on the
day of
2000, at
for a Pre-Hearing
Custody Conference, At such conference, an effort will be made to resolve the issues in dispute; or if this
cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a
temporary order. All children age five or older may also be present at the conference. Failure to appear at
the conference may provide grounds for entry of a temponuy or pennanent order.
FOR THE COURT,
By:
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilities Act of 1990, For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the court, please contact our
office. All arrangements must be made at least 72 hours prior to any hearing or business before the court.
You must attend the scheduled cooference or hearing.
YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF
YOU DO NOT HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU
CAN GET HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V A,,'{[A
DONNA M. SMITH,
VS
CIVIL ACTION - LAW
RICKY G. SMITH,
Defendant
. NO.
IN DIVORCE
NOTTrF TO DFFFND A 1'<1)'('1 A TM 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. 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 Cumberland County Courthouse, Carlisle, Pennsylvania,
IF YOU DO NOT FILE A CLAIM FOR ALIMOi'<'Y. DIvISION OF PROPERTY.
LAWYER'S FEES OR EXPENSES BEFORE A DIVOJ3,.CE OR AL'lNu'LvIE\T IS GR.-\.'\ lED,
YOU M.A. Y LOSE THE RIGHT TO CLAIM AL'lY OF THEM.
YOU SHOULD TAKE TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTI! BELOW TO FIND OUT WHERE ~OU CAN GET LEGAL HELP
Cumberland County Bar ksociation
2 Liberty Avenue
Carlisle, Pennsylvania
(717) 249-3166
Antl1()HY ~.DeLuca, Esquire
. 113 Fr(jnt Street
P.O. Box 358
BoiliIlg Springs, P A 17007
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DONNA M. SMITH,
Plaintiff
IN TIrE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V Ai'lIA,
VS.
CIVIL ACTION - LAW
NO. dOcJo-:;& (If Ov;)
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RICKY G. SMITH,
Defendant
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AND NOW, comes the Plaintiff, DONNA Iv!, S;\HTH. by her Attorney. Anthony L DeLuca.
Esquire, and seeks to obtain a Decree in Divorce. from the above-named Defendant. upon the grounds
hereinafter more fully set forth:
I. Plaintiff is DONNA M. Si'vIITH, who currently resides at 25 Pine Gro\e Road,
Gardners, Cumberland County, Pennsylvania since September. 1996
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Defendant is RICKY G SMITR who current!>, resides at D Pine GrO\e Road.
Gardners, Cumberland County, Pennsylvania since September. ] 996
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3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at leasl
six months immediately previous to the filing of this Complaint
4, The Plaintiff and Defendant were married on June 12, 1990 at Carlisle, Pennsylvania.
5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or
its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and
, -
its amendments.
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6. There have been no prior actions of divorce or for annulment between the parties in
this or any other jurisdiction.
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.
.
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rmINT T
REQUEST FOR A NO-FAULT DIVORCE UNDER
SECTION 3301 (c) OF THE DIVORCE CODE
8. The prior paragraphs of this Complaint are incorporated herein by reference thereto
9. The marriage of the parties is irretrievably broken.
10. After ninety (90) days have elapsed from the date of the filing of this Complaint.
Plaintiff intends to file an affidavit consenting to a divorce Plaintiff believes that
Defendant may also file such an affidavit
WHEREFORE, ifboth parties tile affida,its consenting to a divorce after ninety (90) days have
elapsed from the date of the filing of this Complaint. the Plaintiff respectfully requests the Court to
enter a decree in divorce pursuant to Section 3301 (c) of the Divorce Code
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REQli'EST FOR A F A1JL T DIVORCE UNDER
SECTION 3301 (a) (6) OF THE DIVORCE CODE
11. The prior paragraphs of this Complaint are incorporated herein by reference hereto.
12. Defendant has offered such indignities to Plaintiff who is the innocent and injured
spouse as to render Plaintiff's condition intolerable and life b~rdensome.
13. This action is not collusive as defined by Section 3309 of the Divorce Code.
WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant
to Section 3301 (a) (6) ()ftheDivorce Code.
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CUSTODY
14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as
though set forth in full
15. Plaintiff seeks custody of the following child. born of their marriage April M. Smith.
age 8, born on April 14, 1992
16. The child is presently in the custody of the Plaintiff who resides at 25 Pine Grove
Road, Gardners, Cumberland County, Pennsylvania.
17. Since birth, the child has resided with the following persons at the following addresses
a,) 1996-Present with Plaintiff and Defendant at 25 Pine Grove Road. Gardners,
Cumberland County, Pennsylvania
b)
1992-1996 with Plaintiff and Defenda:.t at 1255 Shippensburg Road. BigJef\ille.
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Adams County, Pennsylvania
18. Plaintiff has not participated as a party, witness or in any capacity in any other litigation
concerning the custody of the child in this or any other state,
19. Plaintiff has no infonnation of any custody proceeding concerning the child pending in
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this or any other state,
.
.
20, Plaintiff does not know of any person not 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.
21. It is in the best interest and welfare of the child to remain in the custody of the mother,
DONNA M SMITIf, Plaintiff herein.
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WHEREFORE, Plaintiff respectfully prays your Honorable Court to grant custody of April M. Smith,
to the Plaintiff and award visitation rights of said child to the Defendant
Respectfully Submitted,
Anthony L DeLuca, Esquire
113 Front Street
PO Box 358
Boiling Springs, P A 17007
(717) 258-6844
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VERIFI<::ATION
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. S 4904, relating to unsworn
falsification to authorities
Date: v
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RICKY G. SMITH
v.
:: IN THE COURT OF COMMON PLEAS OF
:: CUMBERLAND COUNTY, PENNSYLVANIA
:: NO. 00-3648 CIVIL TERM
DONNA M. SMITH
IN DIVORCE
COMPLAINT FOR CUSTODY
I. The plaintiff is Ricky G. Smith, who resides at 25 Pine Grove Road, Gardners,
Cumberland County, Pennsylvania, 17324.
2. Defendant is Donna M. Smith who resided at 25 Pine Grove Road, Gardners,
Pennsylvania, 17324, until June 8, 2000. Her present address is unknown.
3. Ricky G. Smith and Donna M. Smith are the natural parents of April M.
Smith, born April 14, 1992.
4. Plaintiff seeks custody of April M. Smith born April 14, 1992.
5. The child is presently in the custody of defendant.
6. The child has always resided with plaintiff and defendant at 25 Pine Grove
Road, Gardners, Pennsylvania. Defendant left the residence June 8, 2000.
7. Plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the child in this or another court.
Plaintiff has no information of a custody proceeding concerning the child
pending in a court of this Commonwealth.
Plaintiff does not know of a person not 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.
8. The best interest and permanent welfare of the child willbe served by granting
the relief requested because the child will have a stable home with plaintiff and plaintiff
will promote the relationship with his father.
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9. Each parent whose parental rights to the children have not been terminated and
the person who has physical custody of the child has been named as parties to this action.
WHEREFORE, plaintiff requests the court to grant legal and physical custody to
the plaintiff, or shared custody to the parties and partial custody to the mother as the
parties may agree.
d~ J/udu-
rances H. Del rYuca
Attorney for Plaintiff
Dated: August 15,1999
,.,.
.
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 10 Pa.C.S.
Sec. 4904 relating to unsworn falsification to authorities.
Dated: iJoftiO
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DONNA M. SMITH,
Plaintiff,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-3648
RICKY G. SMITH
Defendant.
CIVIL ACTION - LAW
CUSTODY
ORDER OF COURT
AND N9W, this -----1.L day of c:;:' ~ ' 2000, upon consideration of
the attached Custody Conciliation Summary Report, it is ordered and directed as follows:
1. . The Mother, Donna M. Smith, and the Father, Ricky G. Smith, shall have shared
legal cus~Ody 9ft~eminor Child, April M. Smith, born April 14, 1992. Each parent shall have
an e~ual ~ight,'t? ~e exerc.is7d jointly with the ?th~r par~nt, to make .all. major non-em~rgency
declslonsllaffe9tlng the Child s general well-being Including, but not limited to, all deCISions
regarding!lher health, education and religion. Pursuant to the terms of this paragraph, each
parent sh~1I be entitled to all records and information pertaining to the Child including, but not
limited to,; school and medical records and information. To the extent one parent has
possession of any such records or information, that parent shall be required to share the
same, or copi~s thereof, with the other parent within such reasonable time as to make the
records and information of reasonable use to the other parent.
2. Physical Custody: Mother shall have primary physical custody of the minor Child
subject to Father's periods of partial custody which shall be arranged as follows:
A. Effective September 8, 2000, Father shall have custody of the minor Child
from Friday at 6:00 PM until Sunday at 7:00 PM on alternating weekends.
B. In addition, Father shall have physical custody from 6:00 PM until 8:00 PM
one day a week each week during the first marking period of the 2000-
2001 school year. Upon the conclusion of the first marking period
Father's period of midweek partial custody shall increase to two evenings
a week, Tuesdays and Thursdays, unless otherwise agreed, from 6:00
PM to 8:00 PM.
3. Transportation: Transportation shall be shared by the parties who shall meet at
Keck's store for exchanges of custody.
4. During any period of custody or visitation the parties to this Order shall not
possess or use controlled substances, neither shall they consume alcoholic beverages to the
point of intoxication. The parties shall likewise ensure, to the extent possible, that the other
household members and/or house guests comply with this prohibition.
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5. The Child shall be permitted reasonable telephone contact with the other parent
during any period of partial custody.
6. Holidays:
A. Christmas: Christmas shall be divided into two segments, Segment A and
Segment B. Segment A shall run from December 24th at 4:00 PM until
December 25th at 1 :00 PM. Segment B shall run from December 25th at
1 :00 PM until December 28th at 7:00 PM. In even-numbered years,
Mother shall have Segment A and Father shall have Segment B. In odd-
numbered years, Father shall have Segment A and Mother shall have
Segment B.
B. Mother's Day/ Father's Day: Mother's Day shall be with Mother and
Father's Day shall be with Father from 7:00 PM the day before until 6:00
PM the day of Mother's Day or Father's Day.
C. Other Holidays: The parties shall alternate the following holidays: Easter,
Memorial Day, July the Fourth, Labor Day, Thanksgiving, New Year's
Eve/New Year's Day, the Parents' birthdays and the Child's birthday.
Period of custody for these holidays shall be from 6:00 PM the day before
the holiday until 7:00 PM the day of the holiday. In the case of New
Year's Eve and New Year's Day, the period shall be from 6:00 PM on
December 30th until 7:00 PM on January 1st. In as much as Mother had
physical custody on Labor Day weekend 2000, the alternating holidays
schedule shall commence with Father having physical custody of the Child
for the Thanksgiving Day holiday 2000.
D. Summer Vacation Time: To commence the Monday following the
conclusion of the school year, Father shall have physical custody of the
Child for the summer subject to Mother's periods of physical custody on
alternating weekends from Fridays at 5:00 PM until Sundays at 7:00 PM.
7.
This Order is temporary in nature. Either party may request an additional
co",m,,;oo Coofe,eo", w,";o ,"" daY' of the dale of th;, O"'e' of CO"". ,y-
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Dist:
Frances DelDuca, Esquire, 10 W. High Street, Carlisle, PA 17013-29
Anthony L. Deluca, Esquire, 113 Front Street, Box 358, Boiling Springs, PA 17007
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DONNA M, SMITH,
Plaintiff
SEP 1 4 2[l~
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 00-3648
.
vs.
RICKY G. SMITH,
Defendant
CIVIL ACTION - LAW
CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is
as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUSTODY OF
April M. Smith
April 14, 1992
Mother
2. A Conciliation Conference was held on September 6, 2000 with the following
individuals in attendance: The Mother, Donna M, Smith, and her counsel, Anthony L. DeLuca,
Esquire; the Father, Ricky G. Smith, and his counsel, Frances H. Del Duca, Esquire.
3. With the exception of custodial plans for summer, the parties were able to reach an
agreement as reflected in the Order as attached.
4. Mother's position is that summer should be a week-on week-off arrangement.
5. Father's position is that because Mother has primary physical custody during the
school year he should be allowed to have primary physical custody during the summer with
alternate weekends for Mother during the summer.
6. The Conciliator has drafted a proposed Order, one temporary in nature, which
reflects the agreement of the parties with the exception of the arrangements for custody during
the summer. The portion of the recommended Order for the summer vacation time is the
Conciliator's recommendation to the Court.
9-/1-2-00 rJ
Date
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e Issa ee reevy, squire
Custody Conciliator