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HomeMy WebLinkAbout03-1707 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Doris .lean Smotherman Plaintiff VS. .loe Douglas Smotherman Defendant '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 in divorce or annulment may be 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 the custody or visitation rights of your children. When the ground for 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, Pennsylvania. l~f YOU DO NOT FI~LE A CLAI'M FOR AL1~MONY, DIVI~SION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 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 OFF1~CE SET FORTH BELOW TO FI'ND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717)-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Doris Jean Smotherman, Plaintiff VS. Joe Douglas Smotherman, Defendant 'No. 03 -- /7o7 : Civil Action - Law : : In Divorce : : COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE Plaintiff is Doris Jean Smotherman, who currently resides at 105 Conodoguinet Mobile Estates, Newville, Cumberland County, Pennsylvania, since January 15, 2002. Defendant is Joe Douglas Smotherman, who currently resides at 113 North Hanover Street, Carlisle, Cumberland County, Pennsylvania, since January 2003. Plaintiff and Defendant have been bona fide residents in the Commonwealth of pennsylvania for at least six months immediately previous to th~ filing of this complaint. The Plaintiff and Defendant were married on June 21,1986, in Greenspring Church, Newville, Cumberland County, Pennsylvania. o There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. Plaintiff requests the Court to enter a decree of divorce. Respectfully submitted, H. Anthony Adams, Esquire Attorney for Plaintiff 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 ! verify that the statements made in this Complaint are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Doris .lean,~otherman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Doris lean Smotherman, Plaintiff VS. ]oe Douglas Smotherman, Defendant : Civil Action - Law : In Divorce AFFIDAVIT OF SERVICE H. Anthony Adams, Esquire being duly sworn according to law deposes and states that a complaint in divorce was mailed to ]oe Douglas Smotherman, of 113 N. Hanover Street, Carlisle, Pennsylvania, 1724-1, certified mail, return receipt requested on April 21, 2003 and was accepted on delivery by .loe Douglas Smotherman on April 22, 2003 as shown by the attached receipt· Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 {717)-532-3270 Sworn to and subscribed this 2003. Expires: I SSsI · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach thie card to the back of the maillpisoe, o~ o~ the fro~t If space permits. 2. ~ Number Ps Fo~n 381 1, August 2001 = delivery address different f~om item 1 ? i-I ~f YES, enter d~lvery address below: 2510 0001 6147 5253 ~] No IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYLVANIA Doris ]ean Smotherman Plaintiff VS. Douglas Smotherman, Defendant 03-17~7 Civil Term Civil Action - Law In Divorce AFFIDAVI'r OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3, I consent to the entry of the 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. Section 4904 relating to unsworn falsification to authorities. Date: ~/q~_~ ~~~L~~ · Doris .lean S~otherrn-a~' v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Doris ]ean Smotherman Plaintiff VS. .loe Douglas Smotherman, Defendant : 03-17~7 Civil Term : : Civil Action - Law : : : : In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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, lawyer's 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 aflcer 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. Section 4904 relating to unsworn falsification to authorities. Date: I~o~is 3ea r~5~moth~ ~ma n IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY-PENNSYI.VANIA Doris 3ean Smotherman Plaintiff VS, 3oe Douglas Smotherman, Defendant 03-17~7 Civil Term Civil Action - Law In Divorce AFFIDAVI-I' OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 14, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3. ! consent to the entry of the final decree of divorce affcer service of notice of intention to request entry of the decree. ! verify that the statements made in this affidavit are true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworl Date: ~lsificatio~k~o authorities. ~ Douglas Smotherman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Doris 3ean Smotherman Plaintiff VS. Joe Douglas Smotherman, Defendant 03-17~7 Civil Term Civil Action - Law In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 herei,n are made su,bject to the penalties of 18 Pa. C.S. Section 4904 relating to unswo falsificatior~ t~ authorities. , Date q-/)~ /~ f ~~~ ~ J Qi~ Douglas~motherman IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Doris ]ean Smotherman Plaintiff VS, Joe Douglas Smotherman Defendant No. 03-1~117 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; Service was made by Certified Nail Return Receipt Requested on April 2:1., 2003 and was accepted April 22,2003. An Affidavit of Service has been filed. 3. Date of execution of the Affidavit of Consent required by Section 330:[(c) of the Divorce Code; by the Plaintiff September 8, 2003; by Defendant September 10, 2003. 4. Related claims pending; None. 5. Plaintiff's Waiver of Notice was signed on September 8, 2003 and was filed on September 12, 2003 and Defendant's Waiver of Notice was signed September :1.0, 2003 and was filed on September 15, 2003. H. Anthony Adams, E's~ Attomey for Plaintiff 128 E. King Street Shippensburg, PA 17257 (717)-532-3270 INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. Doris Jean Smotherman VERSUS NO. DECREE IN DIVORCE AND NOW,~ DECREED THAT 2003 , it ~S ORDERED AND , PLAINTIFF, AND Joe Douglas Smotherman ,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;