Loading...
HomeMy WebLinkAbout98-00483~~ Q F! r~ V ;ti ~ ~~ ~~ 00 :r.•' :cep •:~:• •~> ••:r.• •:•: ••:•: IN THE ,,~•, hr STATE OF ~~ PENNA. A . ', RAY A. GARMAN j Plaintiff y-; Versos ...,DORIS M. _GARMAN~ _ .................. i i +i i t)...98~•A83...... DECREE IN DIVORCE ^- ~ i!1 PLEAS I t) ;i; A i i,: ;i; i • CAS ( ~3•, a p•~ ~' AND NOW, . .~:"1 .. ..... 19,98.. it is ordered and :.'. fi ... , ~; decreed that ...RaY. A.. Gaxman .............................. .plaintiff, :; ;:•; and .. o4~'i.$..M.. barman .................. • ................ ,defendant, :: ~ are divorced from the bonds of matrimony. v 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;'. .......NONE .............................................................. ay c rt • 'i; ~' :. .; .. 0 Prothonolory /. ~j _ i ?i:. +~+. <,e..~..;w:• •:r'• t~ • •:•:• :•: c•:• ciy ti <•:• <a :i> • ~>~ <v: •:• ;•:.. •:•:~:•i •:~:• ~csi~ :e:~:•i ~:%• •:r•• ~:e:~ t•> :~ COURT OF COMMON OF CUMBERLAND COUNTY ...........Defendant... _.._ 9a ~9s ~~ ~~~ ~ ~ ~ ~.~°~ I~ 9~ ~~~ ,~~ ~ ~~- ~. ~a Y G"a r~i,a,~, ~1~i.v~rf~' ve, ~d o+l,f ~f ~ Ga rda,v~ in the Court of Common Pleas of Cumberlnnd County, Pennsylvania No. ~ ~'~ yy,, Civil. 19.~ ~/l/ .d'/ //o r M1 ~ _~Pr7 r ,S',/ r To [~ ~~n~(i i' ~.t/' Prothvnowry Attorney for Plaintiff . , ., , ,ft , ;~ ~`~ ~ ~ . r , ~, ~> r~ •t, !~ .... i '. ~~: '~ . _. ....t~~._..__~ s .. RAY A. .GARMAN, Plaintiff VS. IN Tllr. coult•r or co;•Ir•ION I'LEns or CUPl61atLAND .COL1N1'y, I'L:NN5YLVANIA No. 98-'483 CIVIL TERM DORIS M. GARMAN, Defendant IN DIVORCE vs. 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(c)) g~jp~g~}{}~~ of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: Certified Mail, restricted delivery 3. (Complete either paragraph (a) or (b) .) (a) Date of execution of the affidavit of consent required by Section 330)1(c) of the Divorce Code: by the plaintiff August 20, 1998 by defendant August 20, 1998 (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: NffNF 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1)(i) of the Divorce Code IIYT(SA T'l1Tii1'(LA 4 _,. ~.. ,.. ~~ ~; ~r Cn , ch : U ~., -rs v) { r ' ~- :. . ~~ _- ~ ~..i: ~ ~~ r-~ r4 ,, .• ~'.. C.. _ j ~ ~ ~L'.I ~; Jil) ' 1 .. 1~ ~ i~iC.L ~O T CJ ~ ~...~ \J ~0 7- O ~ ~ v _ ~ W ~ W 1~ Q a ~ :u ro ~ 8 ~ a ~a ~ ~ N m O 3 ~ a $~ ~l r-I a - A ~ H Q~~ ~ U~iC ~a7 ~ P4rE oa J > xt W ~z~? w 0 ~' z ~ ~ > ~ H ~ Z ~ ~ O y 0 U z ''') H . a~ ~ Q ~ O K ~ z , , . O~H~"U ~ ~ F=- 4 W~ a~ l o a ~ Z a E ~Wq H~ Q r~~ 4 ~ A S D ~ Z P H O Z P HUUZH RAY A. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DORIS M. GARMAN, N0. ~ b - 48 3 ~~''""~' ~~M~J Defendant 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 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, DIVISION OF PROPERTY, LAWYERS 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, Pennsylvania (717) 249-3166 Anthony L., eLuca, Esquire 113 Front Street P.O. BoX 358 Boiling Springs, PA 17007 ~~ n RAY A. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS, CIVIL ACTION - LAW DORIS M. GARMAN, NO• ~~b ^ `~'~ 3 (;w~Q, a-Q~N"" Defendant . DIVORCE COMPLAINT AND NOW, comes the Plaintiff, Ray A. Garman, by his 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 Ray A. Garman, who currently resides at 851 Alexander Spring Road, Carlisle, Cumberland, County, Pennsylvania since June 1, 1990. 2. Defendant is Doris M. Garman, who currently resides at 851 Alexander Spring Road, Carlisle, Cumberland County, Pennsylvania since June 1, 1990. 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 23, 1956 at Hagerstown, Maryland. 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. Tha Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the Court require the parties to participate in counseling. COUNT I 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, if both 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. COUNT II EQUITABLE DISTRIBUTION il. The prior paragraphs of this Complaint are incorporated I I i '~ t 4 herein by reference thereto. 12. Plaintiff and Defendant have acquired property, both real and personal, during their marriage until January 7, 1998, the date of their separation. 13. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff prays for the entry of an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. Respectfully Submitted, Anthony L:• eLuca, Esquire G 1 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 1~ 'I ~'~ ~~. ~'; :•:,~~ 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. § 4904, relating to unsworn falsification to authorities. Date: ~~ ~/~/T~ ~{_. ~~~%lJl~l~ ~.~ - Ra A. rman, Plaintiff RAY A. GARMAN, IN TFIE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUN`PY, PENNSYLVANIA VS. CIVIL ACTION - LAt4 DORIS M. GARMAN, N0. 98-483 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND Anthony L. DeLuca, attorney for Plaintiff, 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 her residence and that Defendant did receive same, as evidenced by the signed receipt attached hereto as Exhibit rrA" ( r ~, t ony L. L c , Es u re 113 Front St et P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 Sworn to and subscribed before me this 3/.QZ" day of r2LCj/c.r_Z , 1998. (iL _!L ~~UQ LLL~L(,i tary Public r Notarinl Seal Marjorio A. DeLuca. Nolary Public Scum M~ddeton iwp.~ Cumberland County My Commislon Expues Nav.1.1'J99 Member, Pennsylvonta Association of Notaries r, M1 S D ~ ~ ~ Can it• Iteme 1 andlor2loreddidonsl eaMcae, ~ t:omgna ueme s, aa, and Ib. 18150 Wlsh to rBC81VB 1hB Iollowing services (loran i ' p your name and addreee on the reveres al ltde Wrm w that we card to yyoou. •MaM Wi Icm11o the trap of bia il l can relum Ihle Batra 1BB): r $ ' ~ 1 ~ p ma ece, a an the bsdc II apace does not ppse~1. •Wdte'Relum Recetpl gequesled'an the maiiplea below Me snide number. •7 R 1. ^ Addressee's Address -/ 2. 4.f RestdMed OeliVery Z 1a etum Raealpl wiN Mow to whom ma anlde wee delivered end daroered• the dale ~ ' Consult postmaster for lee. 4 3. ANge Addressed to: ~ , 4a. Ardcle Number 89 P .sy~ cos- o~y E ~ P~ 4b. Service Typa ~ ' t ~mr~y n ~ ~/ ""' ~~~ ~ ~ ^ Registered Cenlfled ~ . • ~G'iJ~to.!Q e~yrNttCl¢/ ^ Express Mell ^ Insured S pp nn (/ ~2~ ~~ /'" ^ RetumRecelptldrMerdtarldse ^ COD ~ fO/,3 C~ 2 7. Date of D I~ryi L o 5. ReceNed By: (Print Name) ' 9. Addressee's Address (Only!lroquesled ~ ' and /ee !s paid) e lure: (Addressee orA . !) > _ ~/ PS Fortn 3811, December 1984 Domestic Return Recelot RAY A. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DORIS M. GARMAN, NO. Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on January 27, 1998. 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 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: ~s-~-4-F~ ~'/o2u-~'Y] .~,Iit/yv+1a-.~ Doris M. Garman -.p. .,a ... ,.-.. .. _., .__.. ,.,..,_.. ....._.,.._. _... BYwwun,:.. a,.~.. ~...._.... __ W u~ ~i; o` ~ ti :i:. c=n -, c~ ~ '_ 3 .. ~. RAY A. GARMAN, VS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 96-483 Civil Term IN DIVORCE DORIS M. GARMAN, Defendant 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, lawyers fees or expenses if I 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. Date • ~ ' c~ D ' ~~ `J'~62ti- i/! .rfGL~/Yltici~ Doris M. Garman 'a..:,~-.» .. ,..... ,..a., .. ~ ::.~._ 1,..:.: rYR+PSR7ih .,.a ,~',C F... _s:.....,:,u,:. itY.. °»1C.~'T."E... RAY A. GARMAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW DORIS M. GARMAN, NO. 98-983 Civil Term Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on January 27, 1998. 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 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: ~/ ~ !i / ~9 ,~ ~ ~ ~QJt/~.-~ RAY A. GARMAN, Plaintiff VS. DORIS M. GARMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 98-483 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, lawyers fees or expenses if I 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. Date:,~-~/--/ ~ ~~~-~ °--~L1t12YLn.~ Ray,%A German } _ < Y RAY A. OAAMAN, Plaintiff vs. DORIE M. OARMAN, Defendant AND NOW, this t t t t t t IN TBE COURT OF COMHON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE No. 98-683 ALIMO~N~Y ~OA~DE~YA.~ ~j day of ~~""' ' ` , 19 ~6 , CIVIL TERM ~~~ it is ordered snd directed that the Husband hoe been paying the wife the sum of $524.00 per month ae spousal support by Order of court dated June 15, 1998 and docketed to 00413 S 1998, PACSES 3080100138. Effective September 1, 1998, the date of the decree in divorce, the parties agree such payment shall be deemed alimony and shall continue, ench payment to be due and owing on the first day of each successive month, payable bi-weekly, until Wife attains the age of 70, Wife's remarriage or Nueband'e death. Upon the death of the Wife, the Husband's obligation to pay alimony shell terminate. Tha payments made hereunder are intended by the parties to constitute alimony under S 71 of the Internal Aevenue Code, and, as such, are to be included in the income of the Wife and to be deductible from income by the Nueband. the Husband shall provide medical insurance coverage for the Wife to a maximum premium of $181.00 per month. This shall be entered as an order of court. The parties agree that the Husband shall continue to provide and be reeponslble for payment of the monthly health insurance premium to a maximum of S181.00 per month until such time ae the Wife is in receipt of Medicare coverage or remarries. The parties agree that upon Wife's recelpt of Medicate benefits, the Husband shall continue to pay the monthly Medicate premiums to a maximum of $181.00 per month until the Wife attains the age of 70 and the Husband shall then {'1 f o,~ ~ ~ ~.V -._ _,..~_ _. _,_.._. _.a.~_-_._ ._ _ ~-~ r ~' . no longer be responsible for providing nny other health insurance coverage. Additionally, the parties Agree that the Wife shall bear the coat of any premium, •ither !ar health inaursnca or Medicare, including supplemental insurance, in excess of $181.00 par month. In the event that monthly Medicare premiums are lees then $181.00 per month, Muebend ehnll be only responsible for the actual payment and not a total of $181.00 per mon" J. ,r ... ._ ....._ -...-.......C'~~i ..~...~- PACSES CASE NO. 080100138 RAY A.. GARMAN, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DOMESTIC RELATION SECTION CIVIL ACTION -DIVORCE DORIS M. GARMAN, DEFENDANT DOCKET NO. 98-483 CIVIL ORDER OF COURT AND NOW, this 9th day of October 2007, the Court being informed by the Domestic Relations Section that the arrears have been paid in full, IT IS HEREBY ORDERED AND DIRECTED that the Domestic Relations Section dismiss their interest in the above caption Alimony matter and the case be closed. This Order shall become final twenty days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COU Edward E. Guido, ~" Judge DRO: R.J. Shadday xc: plaintiff and defendant Form 0E-001 Service Type M Worker ID 21005 C ~ ~ ~" '"`' n t~ ~ '+ ~ " ~ f _ ~~ •~ W x ~ ~y t ~(/ ru" r r~~'` ~+ ~ ~ ~ r ~1