Loading...
HomeMy WebLinkAbout01-4539IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff JASMINE L. SMITH, Defendant CiVIL ACTION - LAW . NO. 2001-'qC2~ 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 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 bythe Plaintiff. You maylose moneyor propertyor 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 manfiage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 TOBIAS L. SMITH, Plaintiff JASMINE L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIViL ACTION - LAW NO. 2001- IN DWORCE CAPTION COMPLAINT IN DIVORCE AND NOW, this 27th day of July, 2001 comes Plaintiff, TOBIAS L. SMITH, by and through his attorneys, the Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Tobias L. Smith, who currently resides at 324 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Jasmine L. Smith, who currently resides at 2900 Illinois Avenue, Apartment 2403, Killeen, Texas 76543. 3. The Plaintiff and Defendant are sui juris, and the Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for aperiod of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on January 10, 1997 in Colorado Springs, Colorado. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, LAW QFFICE OF MICHAEL J. HANFT Mi~~re ~ Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is tree and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Tobias L. Smith TOBIAS L. SMITH, Plaintiff JASMINE L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL ACTION - LAW NO. 2001-4539 CWIL TERM IN DiVORCE CERTIFICATE OF SERVICE AND NOW, this 17th day of August, 2001, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a Tree and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on July 30, 2001, but actual service took place on August 11, 2001, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Jasmine L. Smith 2900 Illinois Avenue Apt. 2403 Killeen, TX 76543 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. YES, enter delivery address below: B. Date of Delivery ?'1(,-o f Registered [] Insured Mail [] C.O.D. [] Yes [] NO [] Express Mail I4 [] Return Receipt for Merchandise Restricted Delivery? (Extra Fee) '~-Y~s 2. Article Number (Copy from service label) PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 TOBIAS L. SMITH, Plaintiff JASMINE L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4539 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI 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. §4904 relating to unswom falsification to authorities. Date: /t- ~1- ~ t Tobias L. Smith, Plaintiff TOBIAS L. SMITH, Plaintiff JASMINE L. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4539 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 27,2001. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on July 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed fi.om the date of filing and service of 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. 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., Section 4904 relating to unsworn falsification to authorities. Date: //-*-al ~ 0- ~ Tobias L. Smith, Plaintiff Sworn to and subsc,ri~ed before me this t~q') dayof ]YO~, 2001. Notary Public IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff JASMINE L. SMITH, Defendant CIVIL ACTION - LAW NO. 2001-4539 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 ifI 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. §4904 relating to unswom falsification to authorities. Date: It- 'l- ~ t Tobias L. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff V. JASMINE L. SMITH, Defendant CIVIL ACTION - LAW IN DIVORCE NO. 2001-4539 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) 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 July 15, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a 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.A. Section 4904 relating to unsworn falsification to authorities. Date: iq ffe~o O~. ~ ~,. ~ Tobias L. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION - LAW JASMINE L. SMITH, Defendant No. 2001-4539 (Civil Term) 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 o f 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 fights 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 mamage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor fxom the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 WHEREFORE, Plaintiff requests this Honorable Court allow him to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully Submitted, HANFT & KNIGHT, P.C. Attomey I.D. No. 57976 Lindsay Gingfich Maclay, Esquire Attomey I.D. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION I VERIFY that the statements set forth in the attached document 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. Section 4904 relating to unsworn falsification to authorities. TOBIAS L. SMITH, Plaintiff JASMiNE L. SMITH, Defendant iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2001-4539 (Civil Term) IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND §3301(d) 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 ifI do not claim them before a divome is granted. 3. I understand that I will not be divomed 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. §4904 relating to unswom falsification to authorities. Date: ~.3 A.~ o?. Tobias L. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff JASMINE L. SMITH, : Defendant : CIVIL ACTION - LAW IN DIVORCE NO. 2001-4539 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter- affidavit within twenty (20) 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 July 15, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 o f 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Tobias L. Smith, Plaintiff HANFT &IT. NiGHT, P.C. TOBIAS L. SMITH, Plaintiff JASMINE L. SMITH, Defendant IN THE ('OUR i T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-4539 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 27, 2001. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on July 2. The marriage of Plaintiffand 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 of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit a, re true and correct. I understand that false statements herein are made subject to the penalties o . . . · falsification to authorities. ~)~ 81 a C S, Section 4904 relating to unsworn ate~; ~,~ rjr- ...... *~ 4. ~ml~, Defendant -- Sworn to and subscribed before me this ~¢~ dayof Oc43r~l..~. ,2002 Notary Publ~ FIU$~r FolderkFh~n Docs/O~ldOc,~2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, : Plaintiff : : V. : JASMINE L. SMITH, : Defendant : CIVIL ACTION - LAW NO. 2001-4539 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) 27,2001. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 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 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., Section 4904 relating to unsworn falsification to authorities. Date: AJ~ /) ~L~9-- Sworn to and subscribed before me this ['--%q' dayof f~ ,2001. Notary Public '" - ~J Tob]ds L~ ~mith} l~laintiff Denise L. Nye, Notary Public M~v {h~Middleton Twp.. Cumberland Colmty ~.-:omrnission Expires Feb. 26, 2005 F:\User Fold.~r~Firm Docs\Gendocs2001 ~057-1 affidavit.consent wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff V. JASMINE L. SMITH, Defendant CIVIL ACTION - LAW NO. 2001-4539 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THF~ 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 ifI 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. §4904 relating to unsworn falsification to authorities. Tobias L. Smith, Plaintiff FAUser FokL~Wirm Do~s\Gendocs2001 ~2057- lwaiver notice.wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff V. JASMINE L. SMITH, Defendant CIVIL ACTION - LAW NO. 2001-4539 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 fights conceming alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. The signing of this Waiver in no way affects my rights regarding Custody and/or Child Support. 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. §4904 relating to unsworn falsification to authorities. Date: ~neL. ~m~th, Defendant F:\User Foldcr~Firm Docs\Gendocs2001 ~2057_ 1 waivcr, notic~.wlxt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, : Plaintiff : : V. : : JASMINE L. SMITH, : Defendant : CIVIL ACTION - LAW NO. 2001-4539 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 5. May 10, 2002. 2. Date and manner of service of the complaint: via certified mail, return receipt requested, restricted delivery on August 11, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; May 1, 2002; by the Defendant; April 25, 2002. Related claims pending: None. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May 10, 2002. Date: May 10, 2002 Date Defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: By M//O''~-/---'._//-~'-/i'haelJ. Hanff,'Esqld(e -' {~-~? Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 Attorneys for Plaintiff IN The COURT Of COMMON OF CUMBERLAND COUNTY STATE Of ~ PENNA. PLEAS Plaintiff Versus ..~..~.-..~.~ ............................................. Defendant N o. 20.0.1..-.t5.39 ..................... 19 DECREE IN DIVORCE AND NOW ..... .~...~. /~ , )re~.1 ~ /: ~t'/14 ' ....................... it is ordered and decreed that ................~013~.5.L.. ~ ...................plaintiff, and ......................... ~a,~,x;t~ K...,,~t~-a~ ................ 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; By Att' Prothonotary