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HomeMy WebLinkAbout03-0766CINDY B. GATES, Plaintiff MICHAEL F. GATES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 63- '7~ CIVIL TERM : : CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. 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 the Cumberland County Courthouse, Carlisle, PA 17013. 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 Telephone: (717) 249-3166 If you wish to defend against the claims fl\div\GATEScomplaint CINDY B. GATES, Plaintiff ro MICHAEL F. GATES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0~- : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT 1. The Plaintiff in this action is CINDY B. GATES, an adult individual, who currently resides at 126 Sarah Court, Lewisberry, York County, Pennsylvania 17339. 2. The Defendant in this action is MICHAEL F. GATES, an adult individual, who currently resides at 124 West Portland Street, #37, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6 months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marrzage on October 12, 2001, in Winchester, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. -1- 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that no children have been born of this 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of di- vorce. 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 P.C.S. ~4904, relating to unsworn falsification to authorities. C~DY B. GATES STONE LaFAVER TSKI ~L~ZAB~~ONE, Esquire ~upre~ Cou/ ID #6025~ 414/~ridg/Street, P.O. Box E Ne~Cu~rland, PA 17070 _2_~eys for Plaintiff marriage. fl\div\tmailsrv.aff CINDY B. GATES, Plaintiff MICHAEL F. GATES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-766 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF CUMBERLAND ) I, ELIZABETH B. STONE, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, MICHAEL F. GATES, at 124 W. Portland St., #37, Mechanicsburg, PA 17055, by United States Certified Mail, postage prepaid, restricted delivery, on February 25, 2003, as evidenced by the attached Certified Mail return receipts. SWORN TO AND SUBSCRIBED befor~e.~me this _~ _~ day of ~=~ , 2003. No~a~Pub~i~/ ~'~ NOTARIAL SEAL KAYE P,. LUCKEY, Nolary Public New ro, cum a co. I-1 i"3 Certified Fee ~ Return Receipt Fee {=noomement Required) r-t Total Postage & Fees fl\div\lconsentaffidavit CINDY B. GATES, Plaintiff MICHAEL F. GATES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-766 CIVIL TERM CIVIL ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on February 20, 2003, and served February 25, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and service of the complaint. 3. service 4. division of property, lawyer's fees or expenses if I before a divorce is granted. I verify that the statements made in this affidavit are true and I consent to the entry of a final decree of divorce after of notice of intention to request entry of the decree. I understand that I may lose rights concerning alimony, do not claim them Date statements herein are made subject 4904 relating to unsworn falsifica- CIND~ B~. GATES, Plaintiff correct. I understand that false to the penalties of 18 Pa. C.S. § tion to authorities. flkdiv\lwaivernotice CINDY B. MICHAEL GATES, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA F. GATES, : Defendant : NO. 03-766 CIVIL TERM CIVIL ACTION LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE notice. 2. I consent to the entry of a final decree of divorce without division of property, lawyer's fees or 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 I understand that I may lose rights concerning alimony, expenses if I do not claim them Pa. C.S. § 4904 relating to unsworn falsifica- CINDY~ ~. GATES, Plaintiff Date to the penalties of 18 tion to authorities. f!\div\lconsentaffidavit CINDY B. GATES, Plaintiff MICHAEL F. GATES, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-766 CIVIL TERM CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on February 20, 2003, and served February 25, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I 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 of 18 Pa. C.S. tion to authorities. 4904 relating to unsworn falsifica- Date MICHAEL F. GATES, Defendant flkdivklwaivernotice CINDY B. GATES, : Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-766 CIVIL TERM MICHAEL F. GATES, : CIVIL ACTION - LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE notice. 2. I consent to the entry of a final decree of divorce without division of property, lawyer's fees 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 sent to me immediately after it is filed with the Prothonotary. I understand that I may lose rights concerning alimony, or expenses if I do not claim them be I verify that the statements made in this affidavit are true and correct. to the penalties of 18 tion to authorities. Date I understand that false statements herein are made subject Pa. C.S. ~ 4904 relating to unsworn falsifica- MICHAEL F. GATES, Defendant fl\divkltransmitpraecipe\7-97 CINDY B. GATES, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 03-766 MICHAEL F. GATES, : ACTION IN DIVORCE Defendant : 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)) (~~X~ of the Divorce Code. {Strike out inapplicable section). 2. Date and manner of service of the complaint: Feb. 25, 2003, CERTIFIED MAIL, RESTRICTED DELIVERY, RETURN RECEIPT REQUESTED, POSTAGE PREPAID 3. Complete either paragraph (a) or (b) . (a) Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by Plaintiff MARCH 13, 2004 ; by Defendant __ MARCH 13, 2004 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; (2) A. Date of filing of Plaintiff's affidavit upon respondent: B. Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: NO CLAIMS RAISED 5. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in ~ 3301(c) Divorce was filed with the Prothonotary: Waiver of Notice in ~ 330/1~(~} Divorc as filed with Date Defendant's the Prothonotary: ~ / Attor or PLAINtiFF) 60251 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. CINDY B. GATES, Plaintiff VERSUS MICHAEL F. GATES, Defendant No. 03-766 DECREE IN DIVORCE AND NOW, ~,,~ ~/ DECREED THAT ClNDY B. GATES MICHAEL F. GATES AND , .~ , IT lS ORDERED AND , PLAINTIFF, , 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 THE COURT: / P~~OTHO NOTARY