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HomeMy WebLinkAbout02-6091GLENN A. SMITH, H, Plaintiff, V. MELANlE L. SMITH, Defendant. · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another 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 Ofl~ce of the 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 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 GLENN A. SM/TH, II, Plaintiff, V. MELANIE L. SM/TH, Defendant. · IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · · CIVIL ACTION - LAW · IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Glenn A. Smith, II, by and through his attorneys, Mancke, Wagner, Tully & Spreha, and files the following Complaint in Divorce: 1. The Plaintiff, Glenn A. Smith, II, is an adult individual currently residing at 1805 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. The Defendant, Melanie L. Smith, is an adult individual currently residing at 1805 Hunter Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married on May 9, 1992, in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the part/es in this or any other jurisdict/on. 6. Neither Plaintiff nor Defendant are members of the Pruned Forces of the United States or any of its Allies. 7. Plaintiffhas been advised of the ava/lability of counseling and that he has the right to request that the Court require both parties to participate in counseling. 8. Plaintiff avers as grounds on which this action is based are: A. That the masfiage is irretrievably broken pursuant to §3301(c) of the Divorce Code; and B. That as of October 13, 2004, the parties will have hved separate and apart for a period of at least two (2) continuous years pursuant to §3301(d) of the Divorce Code. -2- WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce. Respectfully submitted, Mancke, Wagner, Tully & Spreha 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date; -3- VERIFICATION I verify that the statements made in the foregoing document 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. GLENN A. SMITH, II, Plaintiff, V. MELANIE L. SMITH, Defendant. - IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA ' NO: 200245091 · 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 Section 3301(¢), 33~) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: January 3, 2003, by certified mail, restricted delivery, remm receipt requested. 3. (Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff: 04/21/03 By Defendant: 04/17/03 (b) 0) Date of Execution of the Plaintiff' s Affidavit required Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit unto the Defendant: 4. Related claims pending: None 5. Indicate date and manner of service of the Notice of Intemion to File Praecipe to Transmit the Record, and attach a copy of said Notice under Section 3301(d) (1Xi) of the Divorce Code: ~~~~~, B-~. Attorney for Plaintiff INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. NO. GLFNN A. SMITH, II VERSUS MELANIE L. SMITH, boq/ 2002-699~ CML TE~4 DECREE IN DIVORCE AND NOW, DECREED THAT ~T,FNN A. SMITH, II ~~ , IT IS ORDERED AND , PLAINTIFf, 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; Jo PROTHONOTARY