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COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
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GWENDOLYN BONEY-HARRIS, )
PLAINTIFF )
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V. )
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LESLEY HARRIS, )
DEFENDANT )
CIVIL ACTION - DIVORCE
NO. A' - ~ I.lL
C~lL 't~
OF Z661
NOTICE TO DEFEND
You, LESLEY HARRIS, defendant have been sued in court for a
divorce from GWENDOLYN BONEY-HARRIS. If you wish to defend
against the claims set forth in the following pages, you must
take action within twenty (20) days after this complaint and
notice are served, by entering a written appearance personally or
by an attorney and filing in writing with the court your defenses
or objections to the claims set forth against you. You are
warned that if you fail to do so the case may proceed without you
and a judgment may be entered against you by the court without
further notice for any money claimed in the complaint or for any
other claim or relief requested by the Plaintiff. You may lose
money or property or other rights important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR
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
BY THE COURT:
J.
Date:
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COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
GWENDOLYN BONEY-HARRIS, )
PLAINTIFF )
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LESLEY HARRIS, )
DEFENDANT )
CI17IL ACTION - DI170RCE
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NO. O/.315~ OF ::l001
COMPLAINT UNDER SECTION 3301(0) OF THE DI170RCE CODE
1. Plaintiff is GWENDOLYN BONEY-HARRIS, who currently
resides at 1030 Northfie1d Drive, Carlisle, Pennsylvania 17013,
Cumberland County.
2. Defendant is LESLEY HARRIS, who currently resides at 609
Camelot Drive, College Park, Georgia 30349, Fulton County.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The plaintiff and defendant were married on October 18,
1995 in South Carolina.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
7. 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.
8. plaintiff requests the court to enter a decree of
divorce.
Date: oS~ /lJaf ~ Obi
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COURT OF COMllllON PLEAS OF
CUMBERLAND COUNTY
GWENDOLYN BONEY-HARRIS, )
PLAINTIFF )
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V. )
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LESLEY HARRIS, )
DEFENDANT )
CIVIL ACTION - DIVORCE
NO. O/-]/)'-
C;c.>~( '-r~
OF 2991 (
AFFIDAVIT UNDER SECTION 3301{d) OF THE DIVORCE CODE
1. The parties to this action separated on January 2, 2000
and have continued to live separate and apart ever since.
2. The marriage of plaintiff and defendant is irretrievably
broken.
3. 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.
4. 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 a.C.S. ~ 4904 relating to
unsworn falsification to authoritie .
Date:27- /Yl7 tDDI
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COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
LESLEY HARRIS,
DEFENDANT
GWENDOLYN BONEY-HARRIS, )
PLAINTIFF )
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CIVIL ACTION-DIVORCE
v.
NO. 01-3136 CIVIL TERM
DEFENSES OF LAW AND ANSWER UNDER SECTION 3301 (c) OF THE DIVORCE
CODE
1.
Defenses of Law
Firsl Defense
1. The Court lacks jurisdiction to grant a divorce because the Plaintiff has not been a
'bona fide' resident of the Commonwealth for six months pursuant to PA ST 23
Pa.C.S.A. S 31 04(b).
2. The Plaintiff is a military service member who is merely 'temporarily' stationed in
Pennsylvania for training at the Army War College. Training at the Army War
College lasts for one year after which the service member is immediately transferred
to another duty station.
3. The Plaintiff has made no other efforts to show intent to become a resident of
Pennsylvania now or in the future.
Second Defense
1. The Court may not grant a divorce on the grounds that the marriage is irretrievably
broken because. the Plaintiff has not met the requirements under PA ST 23 Pa. C.S.A.
S 3301(c).
2. PAST 23 Pa. C.S.A. S 3301 (c) requires a 90-day period elapse and an affidavit be
filed by each ofthe parties evidencing that the parties consent to the divorce.
Third Defense
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. I. The Court may not grant a divorce on the grounds that the marriage js irretrievably
broken because the Plaintiff has not met the requirements under PASt 23 Pa. C.S.A.
9330I(d).
2. PAST 23 Pa. C.S.A. 9 330 1 (d) requires in contested divorces that the Plaintiff show
evidence that the parties have lived separate and apart for a period of two years.
3. The Plaintiff and Defendant have continuously lived together personally and
physically for the duration of their marriage and were only separated during certain
periods when the Plaintiff s was fulfilling her military obligations.
II.
Answer
Defendant, Lesley Harris, answers and responds to Plajntiffs Complajnt for
Divorce as follows:
I. Defendant admits the allegations contained in Paragraph I.
2. Defendant admits the allegations contained in Paragraph 2.
3. Defendant denies that the Plaintiff meets the requirements to be a bona fide resident
of Pennsylvania. The Plaintiff is a military service member who is merely
'temporarily' stationed in Pennsylvania for training at the Army War College.
Training at the Army War College lasts for one year after which the service member
is immediately transferred to another duty station. The Plaintiff has made no other
efforts to show intent to become a resident of Pennsylvania now or in the future.
4. Defendant admits the allegations contained in Paragraph 4.
5. Defendant admits the allegations contained in Paragraph 5.
6. Defendant denies the allegations of Paragraph 6 of Plaintiffs Complaint, specifically
denying that the marriage is irretrievably broken.
7. Defendant admits allegations of Paragraph 7 and requests the court order the parties
attend counseling for a period not less than 90 days.
WHEREFORE, Defendant requests that Plaintiffs complaint be dismissed, and that
all relief requested therein be denied.
Date: h..... II~ AlJ() ,_
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CERTIFICATE OF SERVICE
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I hereby certify that I have this day served a copy of the foregoing Answer upon
Gwendolyn Boney-Harris, Plaintiff, by depositing a copy of same in the United States
mail, First Class postage prepaid.
//13
This
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day of luNE:
,2001.
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IN THE SUPERIOR COURT OF FULTON COUNTY
STATE OF GEORGIA
GWENDOLYN BONEY-HARRIS, )
PLAINTIFF )
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CIVIL ACTION-DIVORCE
v
LESLEY HARRIS,
DEFENDANT
NO. 01-3136 CIVIL TERM
VERIFICATION
Personally appeared before the undersigned notary public, duly authorized to
administer oaths in the State of Georgia, LESLEY HARRIS, who, after being duly
sworn, deposes and states that he is the Defendant in the foregoing action and that the
facts contained in his Answer are true and correct to the best of his knowledge,
information and belief~
This /1 -
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day of
-fit rf IE
,2001.
~lItWM
LE EY HARRIS
Swo" to """ ""b~"~. ~e
this J \ day of , 001.
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ary Public t/
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