HomeMy WebLinkAbout00-04654
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SHERRY L SMITH
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PLAINTIFF
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Versus
JASON P PARSON
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DEFENDANT
DECREE IN
. DIVORCE
AND NOW, ... .~~..~...,,~ it
is ordered and
SHERRY L SMITH I' 'ff
decreed that .................................................. p amt. ,
and. . . . . . . . . . . . . . . . . . . . . . . ~~~.~l'!. ~. .~~~??~ . . . . . . . . . . . . . . . . " 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
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SHERRY SMITH,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION- LAW
IN DIVORCE
JASON PARSON,
DEFENDANT
NO. 00-4654
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 g3301(d) of the Divorce Code.
2. Date and manner of service of the complaint: The complaint was filed on June 29,
2000 and served on the defendant on July 1, 2000, by US. mail, certified, restricted delivery,
retum receipt requested, postage prepaid.
3. Date of execution of the affidavit required by g3301(d) of the Divorce Code: June
29,2000; (2) Date of filing and service of the plaintiff's affidavit upon the respondent:
Plaintiffs affidavit was filed on June 29, 2000, and served upon defendant on July 1,2000, by
US. mail, certified, restricted delivery, return receipt requested, postage prepaid.
4. Related claims pending: NONE
5. Date and manner of service of the Notice of Intention to file Praecipe to Transmit
Record, a copy of which is attached: July 24,2000, first class US. mail, postage prepaid.
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Andrew J. orrow
Certified Legal Intern
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Robert E. Rains
Supervising Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
Attorney for Plaintiff
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SHERRY L. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
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v.
: CIVIL ACTION - LAW
; IN DIVORCE
JASON PARSON,
Defendant
; NO. 00-4654
CIVIL TERM
NOTICE OF INTENTION TO REQUEST ENTRY
OF ~ 3301(d) DIVORCE DECREE
TO: Jason Parson, Defendant:
Y ouhave been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the S 330 I (d) affidavit. Therefore, on or after AUlrost 14, 2000, the
other party can request the court to enter a final decree in diyorce.
If you do not file \\ith the prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a fmal decree in
divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to
this notice.
Unless you have already filed 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 forever the right to
ask for economic relief. The filing of the form counter-affidavit alone does not protect your
economic claims.
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, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court 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 conference or hearing.
TRUE COpy FROM RECORD
In T eslllllOllY whereof. I hare unto sat Il'f llano
and Ute of said Co it r- CarlIsle. fIl.
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SHERRYL. SMITH,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTlON- LAW
: IN DIVORCE
JASON PARSON,
Defendant
: NO. 00-4654
CIVIL TERM
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CERTIFICATE OF SERVICE
I, Andrew J. Morrow, Certified Legal Intern, Family Law Clinic, hereby certify that I am
serving a true and correct copy of Notice of Intention to Request Entry of ~3301(d) Divorce
Decree and Defendant's Counter-Affidavit Under S3301(d) of the Divorce Code on Jason
Parson, RD I, Box 329, Warfordsburg, Fulton County, Pennsylvania, 17267, by dropping a copy
of the same in the United States mail this 24th day of July, 2000.
Date: 7!'lJt/ti:>
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Andrew J. Morrow
Certified Legal Intern
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THE F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PAl 70 13
(717) 243-2968
Counsel for Plaintiff
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SHERRY L. SMITH,
PLAINTIFF
V.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
JASON P. PARSON,
DEFENDANT
: NO. 00- t.j("S 4- CIVIL TERM
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, 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 ofthe Prothonotary, 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 LA WYER 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
AMERICANS WITH DISABILITIES ACT OF 1990
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 ~ust be made at least 72 hours
prior to any hearing or business before the court. You must attend the scheduled conference
or hearing.
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SHERRY SMITH,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL V ANlA
v.
CIVIL ACTION- LAW
IN DIVORCE
NO. 00- ,,{,5-t{
CIVIL TERM
JASON PARSON,
DEFENDANT
COMPLAINT FOR DIVORCE UNDER 23 Pa.C.S. 55 3301 (c) and 3301 (d)
The Plaintiff, Sherry Smith, by her attorneys, the Family Law Clinic, sets forth the
following cause of action:
I. Plaintiff is Sherry Smith, who currently resides at 92 Victory Church Road, Gardners
Cumberland County, Pennsylvania, 17324.
2. Defendant is Jason Parson, who currently resides at RD 1, Box 329, Warfordsburg,
Fulton County, Pennsylvania, 17267.
3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth
of Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on March 17, 1991 in Gardners,
Cumberland County, Pennsylvania.
5. Plaintiff and Defendant have lived separate and apart since April 15 , 1991.
6. There have been no prior actions of divorce or annulment between the parties.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that plaintiff or defendant
may have the right to request the court to require the parties to participate in counseling.
9. Plaintiff requests the 'Court to enter a decree of divorce.
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Andrew J. Morrow
Certified Legallntern
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Robert Rains
Thomas Place
Supervising Attorneys
Donald Marritz
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
Verification
1 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.
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Sherry S Ith, Plaintiff
Date (fr 2. tf'-O 0
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SHERRY L. SMITH,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CIVIL ACTlON- LAW
IN DIVORCE
JASON P. PARSON,
DEFENDANT
NO.
CIVIL TERM
NOTICE TO DEFENDANT
If you wish to deny any of the allegations set forth in this affidavit, you must file a
counter-affidavit within twenty days after this affidavit has been served on you or the statements
will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
1. The parties to this action separated on April 15 , 1991, and have continued to live
separate and apart since this time.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division or property, lawyer's
fees, or expenses in do not claim them before a divorce is granted.
4. 1 verify that the statements made in this affidavit are true and correct. I understand
that false statements herein are subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn
falsification to authorities.
Sh~~th~
Date: (r29-00
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SHERRY L. SMITH,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION-LAW
: IN DIVORCE
JASON P. PARSON,
DEFENDANT
: NO. 00- 4I.tJ5L{
CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Sherry L. Smith, plaintiff, to proceed in forma pauperis.
1, Andrew J. Morrow, Certified Legal Intern in the Family Law Clinic, for the party
proceeding in forma pauperis, certifY that 1 believe the party is unable to pay the costs and that 1
am providing free legal service to the party. The party's affidavit showing inability to pay the
costs oflitigation is attached hereto.
fL.....j,,1~,uV J ~-V>~
Andrew J. Morrow
Certified Legal Intern
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ROBERT E. RAINS
THOMAS M. PLACE
Supervising Attorney
THE F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
Counsel for Plaintiff
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SHERRY L. SMITH,
PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
: CIVIL ACTION - LAW
: IN DIVORCE
JASON P. PARSON,
DEFENDANT
: NO. 00-
CIVIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. 1 represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: Sherry Smith
Address: 92 Victory Church Road
Social Security No.: 194-68-4611
(b) Employment
If you are presently employed, state
Employer: Super 8 Motel
Address: 100 Alexander Spring Road, Carlisle, PA 17013
Salary or wages per month: $390.00 per month
Type of work: Housekeeping
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
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Pension and annuities:
Social security benefits:
Support payments:
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance: Medical ACCESS card for children
Other:
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents: Parents provide room, board and food
Other contributions: Boyfriend lives with plaintiff and parents
(e) Property owned
Cash:
Checking account:
Savings account: $10.00
Certificates of deposit:
Real estate (including home):
Motor vehicle: 1992 Ford Taurus (title in her name and boyfriend's name)
Cost, Amount Owed $ 0
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent:
Loans:
Other: Babysitting $240.00/month
Transportation costs: $80/month
(g)
Persons dependent upon you for support
(Wife)(Husband) Name:
Children, if any:
Name:
Derrick Frank Albert Sofi Jr.
Eric Wayde Sofi
Breana Lea Sofi
Britney Lynn Hurley
Age:
8 years
7 years
5 years
10 months
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4. I understand that 1 have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. 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. :1;4904, relating to
unsworn falsification to authorities.
J~JL/L
Plaintiff ()
Date C - 21-00
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SHERRY 1. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
JASON PARSON,
Defendant
: NO. 00-4654
CIVIL TERM
NOTICE OF INTENTION TO REQUEST ENTRY
OF ~ 3301(d) DIVORCE DECREE
TO: Jason Parson, Defendant:
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after August 14,2000, the.
other party can request the court to enter a final decree in divorce.
If you do not file with the prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a fmal decree in
divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to
this notice.
Unless you have already filed 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 forever the right to
ask for economic relief. The filing ofthe form counter-affidavit alone does not protect your
economic claims.
YOU SHOULD TAKE Tms 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
AMERICANS WITH DISABILITIES ACT OF 1990
The Court 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 conference or hearing.
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SHERRY 1. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
JASON PARSON,
Defendant
: NO. 00-4654
CIVIL TERM
DEFENDANT'S COUNTER-AFFIDA VlT UNDER S3301(d)
OF THE DIVORCE CODE
1. Check either (a) or (b):
( ) (a) I do not oppose the entry of a divorce decree.
( ) (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both):
( ) (i) The parties to this action have not lived separate and apart for a period of at least
two years.
( ) (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
() (a) I do not wish to make any claims for economic relief. 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.
() (b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
;!I
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the prothonotary in writing and serve them on the other party. If! fail to do so
before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce
decree may be entered without further delay.
I verifY that the statements made in this counter-affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. !l4904
relating to unsworn falsification to authorities.
Date
Jason Parson
NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to
make any claim for economic relief, you should not file this counter-affidavit.
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SHERRY L.SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: CIVIL ACTION- LAW
: IN DIVORCE
JASON P. PARSON,
Defendant
: NO. OO-lj-~lf CIVIL TERM
CERTIFICATE OF SERVICE
1, Andrew J. Morrow, Certified Legallntem, Family Law Clinic, hereby certify that I am
serving a true and correct copy of the Divorce Complaint and Plaintiffs Affidavit under Section
3301(d) ofthe Divorce Code on Jason P. Parson, residing atRD 1, Box 329, Warfordsburg, Fulton
County, Pennsylvania, by United States mail, certified, restricted delivery, return receipt requested,
postage prepaid. Service was complete upon receipt by J"tlSn\-"'l f?r \.-,sl'IYl on the
J~ day of ~ 2000, as evidenced by his signature on the attached green card.
aA1~ P J'M~~
Andrew J. Morrow
Certified Legallntem
THE F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 11013
243-2968
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SHERRY L. SMITH,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION- LAW
: IN DIVORCE
JASON PARSON,
Defendant
: NO. 00-4654
CIVIL TERM
CERTIFICATE OF SERVICE
I, Andrew 1. Morrow, Certified Legal Intern, Family Law Clinic, hereby certifY that I am
serving a true and correct copy of Notice oflntention to Request Entry of ~3301(d) Divorce
Decree and Defendant's Counter-Affidavit Under ~3301(d) of the Divorce Code on Jason
Parson, RD 1, Box 329, Warfordsburg, Fulton County, Pennsylvania, 17267, by dropping a copy
ofthe same in the United States mail this 24th day of July, 2000.
Date: 7j?.J!/tt>
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Andrew J. Morrow
Certified Legal Intern
THE F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
Counsel for Plaintiff
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SHERRY SMITH,
Plaintiff
IN THE COURT OF CO:MMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CML ACTION- LAW
IN DIVORCE
JASON PARSON,
Defendant
NO. 00-4654
CIVIL TERM
CERTIFICATE OF SERVICE
I, Andrew J. Morrow, Certified Legallntem, Family Law Clinic, hereby certify that I am
serving a true and correct copy of the Praecipe to Transmit Record and Vital Statistics Form on
Jason Parson, RD 1, Box 329, Warfordsburg, Fulton County, Pennsylvania, 17267, by dropping
a copy of the same in the United States mail this 21 st day of August, 2000.
Date: Jr).:<. \ J 60
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Andrew J. Morrow
Certified Legallntem
THE F AMlL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Counsel for Plaintiff
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