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HomeMy WebLinkAbout02-5782REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff DREW SMITH, Plaintiff JULIE SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW 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. Ajudgrmnt may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you lmy 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill. PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff DREW SMITH, Plaintiff JULIE SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pziginas siguientes, debar tomar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra por la Corte. Una decisi6n puede tambi6n ser emitida en su contra por eaulquier otra queja o compensaction reclamados por el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, YAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AYERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys tbr Plaintiff DREW SMITH, Plaintiff JULIE SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02~ 5'792 '~.~L-,Y --]--e~, CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE Pennsylvania. 5. 6. 1. Plaintiff is Drew Smith, an adult individual who is currently in the armed forces and is stationed at 9 Grenado Street, Fort Bragg, North Carolina. Plaintiff's registered home address is 206 Berkeley Drive, Mechanicsburg, Pennsylvania. 2. Defendant is Julie Smith, an adult individual who currently resides at 117 Feldspar Lane, Apartment E, Fayetteville, North Carolina. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on June 12, 1999 in Lewisberry, York County, There have been no prior actions of divorce or for annulment between the parties. Plaintiff is in the mil/tary or naval services of the United States or its allies withh~ the provisions of the Solders' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. Plaintiff avers that there is one child of this marriage under the age of eighteen years, nmnely Dakotah Arthur Smith, date of birth September 17, 1998. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declh~es com~seling. 10. After ninety (90) days have elapsed from the date of the filing of tiffs Complah~t, Plaintiff' intends to f'fie an Affidavit conseming to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. Dated:/Z/sloz-- By: Respectfully submitted, REAGER & ADLER, PC Dff~r~hD enis o~C__a~ r, Esquire Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for Plaintiff VERIFICATION I, Drew Smith, verify that the statements made in this Complaint 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.C.S. Section 4904, relating to unsworn falsification to authorities. SMITH DREW SMITH, Plaintiff JULIE SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-5782 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF PERSONAL SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Before me, the undersigned Notary Public, this day, personally appeared Clarence Chriss, to me known, who being duly sworn according to law, deposes the following: I, Clarence Chriss, being duly sworn according to law, depose and state that service of the Complaint in Divorce in the above-captioned matter was served by personally hand-delivering the Complaint upon Defendant, Julie Smith on the ./'.~ay of December, 2002. Subscribed and sworn to before me this J~-'~-~ day of ~ ,2002. Notary Public ,,, ~ I ........ NOTARIAL SEAL CASSANDRA T. ROSENBAUM, Nota~ Public Camp Hill Bom, Cumberland County ' My Commission Expires December 4, 2004 DREW SMITH, Plaintiff V. JULIE SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5782 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Div6rce Code was filed on December 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably b~ (90) days have elapsed from the date of the filing and service of the Cm 'oken, and ninety nplaint. ~,ice of notice of 3. I consent to the entry of a final decree of divorce after ser intention to request entry of the decree, rr I verify that the statements made in this affidavit are true and co ect. 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. DREW SMITH, · Plaintiff ' V. JULIE SMITH, ' Defendant ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5782 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER I § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce withow 2. I understand that I may lose rights concerning alimony, di property, lawyer's fees or expenses if I do not claim them before a divo~ 3. I understand that I will not be divorced until a Divorce Dc the Court and that a copy of the Decree will be sent to me immediately with the Prothonotary. notice. vision of · ce is granted. :cree is entered by after it is filed I verify that the statements made in this affidavit are tree and cogrect. 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: DREW SMITH, Plaintiff Vo JULIE SMITH, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Diw filed on December 4, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably br (90) days have elapsed from the date of the filing and service of the Con 3. I consent to the entry of a final decree of divorce after ser~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5782 CIVILTERM : : CIVIL ACTION - LAW : IN DIVORCE ,rce Code was >ken, and ninety ~plaint. rice of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and cor that false statements herein are made subject to the penalties of 18 Pa.C relating to unsworn falsification to authorities. Date: DR~"W SMITH ' rect. I understand S. Section 4904 DREW SMITH, Plaintiff V. JULIE SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5782 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST I OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without 2. I understand that I may lose rights concerning alimony, di, property, lawyer's fees or expenses if I do not claim them before a divor 3. I understand that I will not be divorced until a Divorce De the Court and that a copy of the Decree will be sent to me i:mmediately with the Prothonotary. ;NTRY notice. rision of :e is granted. :ree is entered by fter it is filed I verify that the statements made in this affidavit are true and co~ect. 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:~/A/~¢ ~ W SMITH DREW SMITH, Plaintiff JULIE SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-5782 CIVIL TERM : : CIVIL ACTION - LAW : 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: 1. Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Divorce Complaint was personally served upon Julie Smith on December 15, 2002. An Affidavit of Personal Service was filed with the Court on December 17, 2002. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Drew Smith, Plaintiff, on March 31, 2003; by Julie Smith, Defendant, on April 2, 2003. 4. Related claims pending: None. iN ThE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY DREW SMITH VERSUS JULIE SMITH NO. 02-57.82 DECREE IN AND NOW, DECREED THAT DIVORCE DREW SMITH , IT IS ORDERED AND , PLAINTIFF, JULIE SMITH AND , 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; ~~~i~ PROTHONOTary IN THE COURT OF COb~qON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-5782 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME AFTER DIVORCE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND DREW SMITH, Plaintiff, VS. JULIE SMITH, Defendant. JULIE SMITH, being duly sworn according to law, deposes and says that she is the Defendant in the above titled suit in which a Final Decree Of Divorce from the bonds of matrimony was entered on the ~/~_//_ /~ , 2003; that JULIE SMITH elects to retake and hereafter use her maiden name (or prior name) JULIE L. FULLER, and, therefore, gives this written notice avowing said intention, in accordance with the provisions of the Act of May 25, 1939, P.L. 192, as amended. TO BE KNOWN AS: Subscribed, Sworn to and Acknowledged before me by JULIE on April~2003. SMITH as Affiant; Notary Public - My Commission expires: ! ~ Mci(c,, Notary Public f Clrlil~l~ Bo~o. Cumber and County [ My O~mi~ion Expires May 20. 2006 JU~/E E. FULLER [SEAL] DREW SMITH, Plaintiff, vs. JULIE SMITH, Defendant. :IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-5782 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO FILE AFFIDAVIT OF INTENTION TO RESUME PRIOR NA~,~ TO PROTHONOTARY OF ABOVE COURT: NOW COMES, JULIE SMITH, by and through her attorney, RICCI & TANEFF, and pursuant to 53 Pa. C.S. ~ 704, respectfully requests the Prothonotary to file the attached Affidavit Of Intention To Resume Prior Name. RICCI & TANEFF Dated: April ~, 2003 By: No. 25628 4219 Derry Street Harrisburg, PA 17111 (717) 564-5833 Attorney For Affiant