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HomeMy WebLinkAbout03-1334IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY Linda C. Smith, Plaintiff V. Robert E. Smith, Defendant Cumberland County No. C&;t COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth on 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 amy 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, 1 Courthouse Square, 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 TlO 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 17218_1 IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY Linda C. Smith, Plaintiff V. Robert E. Smith, Defendant Cumberland County No. COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Linda C. Smith (nee Carroll), appearing pro se, who currently resides at 902 Kent Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania, since on or about November 1, 1992. 2. Defendant is Robert E. Smith, who currently resides at 1241 Timberview Drive, Mechanicsburg (Hampden Township) Cumberland County, Pennsylvania, since on or about November 22, 2002. Prior to that date, Defendant resided at 902 Kent Drive, Mechanicsburg since on or about November 1, 1992. 3. Plaintiff and defendants have been bona fide residents in the Commonwealth for over 20 years previous to the filing of this Complaint. 4. The plaintiff and defendant were married on April 25, 1981 at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 17218_1 6. Plaintiff is aware that counseling is available and that the Defendant may have the right to request that the court require the parties to participate in counseling. 7. The plaintiff and defendant sought marriage counseling together in 1990 and again in 1996 with no success in improving the marriage. 8. The plaintiff and defendant each sought counseling on an individual basis during 1998. 9. Despite numerous attempts at counseling, the marriage is irretrievably broken. 10. Plaintiff and Defendant are the parents of two children, aged 20 and 21 both of whom are enrolled at four year colleges and live at or near those colleges most of the year. For the benefit of the children, the parties sustained the marriage long enough to allow the children to reach the age of majority to minimize the disruption to their lives due to divorce. With no children at home, the marriage can no longer be sustained and no reconciliation is possible. 11. Plaintiff requests the court to enter a decree of divorce. VERIFICATION I verify that the statements made in this Complaint are true and correct to my best information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Linda C. Smith 17218 I Dated: March 20, 2003 17218_1 CERTIFICATE OF SERVICE I, Linda C. Smith, hereby certify that I have this day served a true copy of the foregoing complaint in divorce upon Robert Edward Smith at the below address via certified mail. Dated at Harrisburg, Pennsylvania, March 20, 2003. Linda C. Smith Robert Edward Smith 1241 Timberview Drive Mechanicsburg, PA 17050 17218_1 CERTIFICATE OF SERVICE I, Linda C. Smith, hereby certify that I have this day served a true copy of the foregoing Counter-Affidavit Under § 3301(c) of the Divorce Code and Affidavit of Consent upon Robert Edward Smith at the below address via first class mail. Dated at Han-isburg, Pennsylvania, August 22, 2003. Linda C. Smith Robert Edward Smith 1241 Timberview Drive Mechanicsburg, PA 17050 August 22, 2003 902 Kent Drive Mechanicsburg, PA 17050-2224 Mr. Robert E. Smith 1241 Timberview Drive Mechanicsburg PA. 17050 Re: Linda C. Smith v. Robert E. Smith; Docket No. 2003- 01334 Dear Bob: Enclosed please find two copies of a Counter- Affidavit :md two copies of an Affidavit of Consent. A simple cover letter for your convenience has been prepared for you for use with either affidavit. Select one of these affidavits, sign both copies and send them to the Court in the enclosed envelope with the appropriate cover letter. The court should then send you back a time stamped copy for your records. The Affidavit of Consent will allow the divorce to go forward with a quick review of the record by the Court. The Counter Affidavit, which I am sending because you are not represented by counsel, indicates that you want the court to address issues of alimony, spousal support, property division etc. Again, only one of these two types of affidavits needs to filed. If you have any questions, please call me. Sincerely, Llnda C. om~th IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY Linda C. Smith, Plaintiff V. Robert E. Smith, Defendant Cumberland County No. 2003-01334 2003. AFFIDAVIT OF CONSENT 1 A complaint in divorce under § 33019(c) of the Divorce code was filed on March 26, 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 ora final decree of divorce and waive notice of intention to request entry of the decree. 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. § 4904 relating to unswom falsification to authorities. Date: Robert E. Smith (Defendant) IN THE COMMON PLEAS COURT OF cuMBERLAND COUNTY Linda C. Smith, Plaintiff Vo Robert E. Smith, Defendant Cumberland County No. 2003-01334 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 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 the affidavit are tree 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. Dated: Robert E. Smith (Defendant) IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY ~ Linda C. Smith, Plaintiff Robert E. Smith, Defendant Cumberland C, ounty No. 2003-01334 COUNTER-AFFIDAVIT UNDER § 3301(c) OF TIlE DIVORCE CODE I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that I must file my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date :~et forth on the Notice of Intention to Request divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: Robert E. Smith (Defendant) IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY Linda C. Smith, Plaintiff Robert E. Smith, Defendant Cumberland County No. 2003-01334 COUNTER-AFFIDAVIT UNDER § 3301(c) OF THE DIVORCE CODE I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that I must file my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are tree 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. Robert E. Smith (Defendant) ~(ZZ ~ ~rn IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY Linda C. Smith, ' Plaintiff ' V. .. Robert E. Smith, Defendant · Cumberland County No. 2003-01334 2003. AFFIDAVIT OF CONSENT 1 A complaint in divorce under § 33019(c) of the Divorce code was filed on March 26, 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 and waive 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. § 4904 relating to unswom falsification to authorities. Linda C. Smith (Plaintiff) IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY Linda C. Smith, Plaintiff Robert E. Smith, Defendant Cumberland County No. 2003-01334 AFFIDAVIT OF CONSENT 1 A complaint in divorce under § 33019(c) of the Divorce code was filed on March 26, 2003. 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 and waive 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. § 4904 relating to unswom falsification to authorities. Date:~'-~ Robert E. Smith (Defendant) IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY Linda C. Smith, Plaintiff Robert E. Smith, Defendant Cumberland County No. 2003-01334 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (c) AND § 3301(d) OF THE DIVORCE CODE l. 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 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 the affidavit are trae 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. Robert E. Smith (Defendant) Linda C. Smith, Plaintiff V. Robert E. Smith, Defendant IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY : Cumberland County : No. 2003-01334 ._ .. 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 divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by thc 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 the affidavit arc 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. Dated: Linda C. Smith (Plaintiff) 20744_1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : File No. : _. Defendant : : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] /~ prior to the entry ora Final Decree in Divorce, or __ after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of L t'rlg~ ~a. Zt~o {/ written notice avowing bis / her intention pursuant to the provisions of 54 P.S. 704. Signatur~ , and gives this Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTYOF ~c~,~,,,3 ) On the \"~ ~'day of _ ~ rc ,2003, before me, the Prothonotary or the notary pubhc, personally appeared the above affiant known ~!o me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have heretmto set my hand/l}ereunto set my hand ]~ad official seal. !