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HomeMy WebLinkAbout03-2389MELISSA A. SMITH, Plaintiff STEVEN A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE AND CUSTODY :NO. 03- .~:1~":/CIVIL TERM 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 judgement 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 child. 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, Cumberland County Courthouse, 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 TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MELISSA A. SMITH STEVEN A. SMITH · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · IN CUSTODY · NO. 03- CIVIL TERM ORDER OF COURT AND NOW, this~ day of ,2003, upon consideration of the attached complaint, it is hereby directed that the parties and their respective counsel appear before , the conciliator, at on the __ day of ,2003, at m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: Custody Conciliator 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities andreasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. MELISSA A. SMITH, Plaintiff STEVEN A. SMITH, Defendant · 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, 'PENNSYLVANIA · CIVIL ACTION - LAW · DIVORCE AND CUSTODY · NO. 03- CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT AND EQUITABLE DISTRIRUTION The plaintiff, Melissa Smith, by her attorneys, the Family Law Clinic, sets forth the following causes of action for divorce, equitable distribution and custody of the parties' minor child. COUNT I. DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c), 3301(d), 3301(a)(5) AND 3301(a)(6) OF THE DIVORCE CODE 1. Plaintiff is Melissa Smith, who currently resides at 604 North Baltimore Avenue, Apartment 1, Mount Holly, Cumberland County, Pennsylvania, 17065, since March 2002. 2. Defendant is Steven A. Smith, who currently is incarcerated at the State Correctional Institute of Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Pennsylvania, 17011, since October, 2001. 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. Plaintiff and defendant were married on July 13, 2001 in Baltimore City, Baltimore County, Maryland. 5. Plaintiff and defendant have lived separate and apart since October 25, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that defendant has offered such indignities to the plaintiff, an injured and innocent spouse, as to render the condition of the plaintiff intolerable, and life burdensome. 9. Defendant has been sentenced to imprisonment for a term of two or more years upon conviction of having committed a crime. See attached cumulative sentencing orders marked as Exhibit A. 10. 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. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. COUNT Il EQUITABLE DISTRIliUTION 16. Plaintiff repeats and realleges paragraphs nine through fifteen. 17. Plaintiff and Defendant have acquired marital assets subject to equitable distribution under the Divorce Code, including, but not limited to the following: a. Vehicles b. Household appliances, and c. Various personal belongings WHEREFORE, plaintiffrequests the court to enter a decree dividing the property equitably between the parties and such other relief as the court deems just. COUNT III. CUSTODY Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff seeks sole custody of the following child: Name Present Address Age Alisha Destiny Smith 604 North Baltimore Ave., Apt. 1 16 months Mount Holly, PA 17065 Alisha was not born out of wedlock. Alisha is presently in the custody of Melissa Smith, who resides at 604 North Baltimore Avenue, Apartment 1, Mount Holly, Pennsylvania, 17065. During the past five years, Alisha has resided with the following persons and at the following addresses: Persons Melissa Smith Melissa Smith Addresses 604 North Baltimore Ave., Apt. 1 Mount Holly, PA 17065 3101 Spring Road, Lot 4 Carlisle, PA 17013 Dates March 2002 to Present December 2001 - March 2002 The mother of the child is Melissa Smith, currently residing at 604 North Baltimore Avenue, Apartment 1, Mount Holly, Pennsylvania. She is married. The father of the child is Steven A. Smith, currently incarcerated at the State Correctional Institute of Camp Hill, 2500 Lisburn Road, Camp Hill, Pennsylvania. He is married. 11. The relationship of the plaintiff to the child is that of mother. The plaintiff currently resides with her daughter, Alisha Smith. 12. The relationship of defendant to the child is that of father. The defendant currently is incarcerated at the State Correctional Institute of Camp Hill. 13. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other State. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because: a) Plaintiff has been the primary caretaker of the child since birth; b) Plaintiffprovides the child with a home with adequate moral, emotional and physical surroundings as required to meet the needs of the child; c) Plaintiffis best able to provide the car and nurturing which the child needs for healthy development; d) Plaintiff continues to exercise parental duties and enjoys the love and affection of the child; e) Defendant has been incarcerated for the child's entire life. Defendant has never raised or participated in parenting the child. 15. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, plaintiff' requests the court to grant her sole legal and physical custody of Alisha Smith. Respectfully Submitted, Date Erin L. Benson Certified Legal Intern THOM~__~ ROBERT E. RAINS Supervising Attorney LUCY JOHNSTON-WALSH Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. i~Ie~s-sa smith Plaintiff COMMONWEALTH Yo STEVEN A. SMITH OTN: L085497-6 : CHARGE: : : : AFFIANT: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-0642 CRIMINAL TERM (3) TERRORISTIC THREATS (4) SIMPLE ASSAULT TPR. GREGORY STYERS IN RE: SENTENCING ORDER OF COURT AND NOW, this 28th day of August, 2001, the Defendant, Steven A. Smith, having appeared for sentence with the Public Defender, Ellen K. Barry, Esquire, and the Court being in receipt of a sentencing report, and having reviewed the impact statement completed by the victim, Ms. Levenberg, and having heard from the victim, the sentence of the Court is that the Defendant be placed in the Intermediate Punishment Program for 36 months, with supervision, subject to compliance with the following Restorative Sanctions: 1. That he pay the costs of prosecution. 2. That he undergo a psychiatric evaluation and comply with the treatment recommendations contained therein. 3. That he attend and successfully complete a batterer,s program. 4. That he maintain full-time employment. 5. That he comply with all other instructions of his parole officer. 6. That he be and remain on good behavior. The sentence of the Court at Count 4, Simple Assault, is that the Defendant be placed in the Intermediate Punishment Program for 24 months, said sentence to run concurrent with the sentence at Count 3, and the Restorative Sanctions to be identical. By the Court, Edward E. Guido, J. Mary-Jo Mullen, Esquire Sr. Assistant District Attorney Ellen K. Barry, Esquire Assistant Public Defender Probation Sheriff Victim - Witness A TRUE COPY FROM RECORD In Testimony ,whereof, ~ here unto set my hand and the s~l of said Court at CarlisLe, PA. -- )") ~,,~/~-u/ Clerk of the Cdurt ~~/' Cumberland County srs Copies deliv~ on ~ , Z, ti :i d h- di~S IOOZ 1 2 3 4 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF ADAMS COUNTY, Criminal ! Commonwealth CC-689-02 CC-778-02 vs. StevenAllen Smith ORDER OF COURT ORIGINAl. AND NOW, this 30th day of December, 2002, the ~ Defendant appeared with counsel for purposes of sentencing as a result of a number of pleas which the Defendant entered on October 2, 2002, at which time the Defendant pled guilty to a felohy three escape in CC-689-02, and in CC-778-02, to recklessly endangering as a misdemeanor of the second degree and fleeing and eluding police officers as a misdemeanor of the second degree. The sentence of the Court is that on CC-689-02 the Defendant is sentenced to serve no less than 11 months nor more than 36 months in a State Correctional Institution. The Sheriff,s Office is directed to transport the Defendant to the Camp Hill Correctional Institution for purposes of assessment and placement. In CC-778-02, count two, the Defendant is sentenced to no less than 60 days nor more than 24 months to be served in a State Correctional Institution. In CC-778-02, count three, the Defendant is sentenced to no less than 60 days nor more than 24 months to be served in a State Correctional Institution. The sentences on count two )[e$ disTr[bu erj 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 .16 17 18 19 20 21 22 23 24 25 and count three in CC-778-02 shall run concurrent to each other. However they shall run consecutive to the sentence imposed in CC-689-02. The total effect is that the Defendant shall be sentenced to a State Correctional Institution in the aggregate amount of no less than 13 months nor more than five years. The effective date of the sentence imposed in CC-689-02 is May 30, 2002. The sentences in CC-778-02 shall run consecutive thereto. The Court imposes a fine in CC-689-02 in the amount of $600. In CC-778-02 the Court imposes a fine in the amount of $600 on count two; no fine will be imposed on count three. The Defendant is also directed to pay a $35 public service fee, $10 law enforcement fee, $20 drug and alcohol test fee and all other fees, fines, and costs mandated by law, local rule of Court, or administrative order of this Court. To the extent that Camp Hill is able to accommodate the desire of this Court, it is directed that the Defendant be incarcerated in a state correctional facility which can address his mental health issues Slate of Pennsylvania · County of Adams BY THE COURT, This is a true copy taken from and compared with the original. Witn_es:~ my hand and seal at Gettysburg this_ ,',2('~%_ day of ~onald ~ss, E~. ichael ~/George, Judge COMMONWEALTH Vo STEVEN A. SMITH OTN: L085497-6 IN THE COURT OF COMMON PLEAS OF CLIMBERLAND COUNTY, PENNSYLVANIA 01-0642 CRIMINAL TERM CHARGE: (3) TERRORISTIC THREATS (4) SIMPLE ASSAULT AFFIANT: TPR. GREGORY STYERS IN RE: REVOCATION OF IP SENTENCE & RE-SENTENCING QRDER OF COURT AND NOW, this llth day of February, 2003, the Defendant having admitted the allegations in the petition, the Intermediate Punishment sentence previously imposed is revoked. The Defendant having presented himself for sentence, and the Court being in receipt of the prior sentencing report, the sentence of the Court at Count 3, Terroristic Threats, is that the Defendant pay the costs of prosecution, and undergo imprisonment in the Cumberland County Prison for not less than 3 nor more than 23 months. Said sentence to date from today's date and to run concurrent with any sentence he is 'currently serving. He shall be paroled at the expiration of his minimum sentence without further order of court. The sentence of the Court at Count 4, Simple Assault, is that the Defendant pay the costs of prosecution, and undergo imprisonment in the Cumberland County Prison for not less than 3 nor more than 23 months, to date from today's date, and to run concurrent with the sente~¢~,i~%pDS~.d~.~.a~.~, Count 3 The Defendant shall be paroled at the expiration 0z hie minimum sentence without further order of co~t:! d 0~ ~J [~[ A TRUE COPY FROM RECORD Testimony whereof, I here unto se~ my hand and tl~'of said Court at Carlisle, PA. ~ rk of the Court · ~' ~;"' ~ Cumberland County Edward E. Guido, J. Michelle H. Sibert, Esquire Sr. Assistant District Attorney Ellen K. Barry, Esquire Assistant Public Defender Probation Sheriff CCP Victim - Witness srs b 1 2 3 4 5 7 8 9 10 11 12 13 14 15 '16 17 18 19 20 21 22 23 24 25 IN THE COURT OF COMMON PLEAS OF ADAMS COUAri~, Commonwealth vs. StevenAllen Smith Criminal y O,RI$1NAL of the Defendant, ~~~ CC-689-02 CC-778-02 ORDER OF COURT AND NOW, this 17th day of March, Defendant appeared on motion to modify sentence. hearing discussion, and the statement Court modifies the sentence imposed on December 30, reflect that the sentence on CC-689-02 is modified so the Defendant shall serve no less than 11 months nor more than 60 months in a State Correctional Institution. The sentences in CC-778-02 are modified so that the sentence on count two is that the Defendant shall be placed in the intermediate punishment program for a period of 24 months. Of that, he shall serve four months on phase two with the remaining time spent on phases three through five. In CC-778-02, count three, the Defendant is sentenced to serve 24 months in the intermediate punishment program. Of that, four months will be served in phase two. The remaining time will be spent in phases three through five. The Defendant shall be eligible for transition to the next phase of the program only upon successful completion of all the requirements of each preceding phase. 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 2 3 The Defendant,s participation in the interme punishment program is subject to the standard condition- as ~ well as special conditions 2(b) and 2(d). As a special condition, the Defendant shall execute an authorization releasing any information from his treating physicians to the Adams County Adult Probationand Parole Department. The Defendant shall follow through with all treatment recommendations made by any counseling agency including the regular taking of prescribed medications. The Court considers this condition a material condition of this sentence and the Adams County Adult Probation and Parole Department is instructed to immediately list the Defendant for revocation of intermediate Punishment in the event he violates this condition. The sentence of the Court on count three in CC-778-02 shall run concurrent to the sentence of the Court on count two in CC-778-02. The sentences in CC-778-02 shall be effective this date. The Adams County Adult Probation and Parole Office is authorized and directed to place the Defendant in phase three of the program until his release from State Correctional Institution on the sentence in CC-689-02. It is anticipated at that time the phase two portion of the sentence shall commence at the direction of the Adult Probation and Parole Office. 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 1 The sentence of the Court on CC-689-02 is 2 effective May 30, 2002, in order to give the Defendant C0 credit for time previously served. 4 The financial obligations set forth in the order of December 30, 2002, shall remain in full force and effect and incorporated herein by reference and made a part of this order. BY THE COURT, T. Coffey, Esq. Ronald Gross, Esq. rhk ~4ic~ George, Judge State of Pennsylvania County of Adams Tills is a true cop.v taken from and compared with the original. Witness my hand -nd ~,* MELISSA A. SMITH, Plaintiff Vo STEVEN A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE AND CUSTODY :NO. 03-~a/ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Sheriff: Kindly allow Melissa Smith, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, ~attomeys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date lz o lo Respectfully submitted, Erin L. Benson Certified Legal Intern THOMAS. P~ACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 MELISSA A. SMITH, Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, · PENNSYLVANIA · CIVIL ACTION - LAW · DIVORCE AND CUSTODY STEVEN A. SMITH, Defendant · NO. 03- 2389 CIVIL TERM AFFIDAVIT OF SERVICE I, [,,cJ/£///¢M -5`<, {.~),q£lP , hereby certify that I am a competent adult and that l served a true and correct copy of the Divorce Complaint, on the Defendant, Steven A. Smith, at the State Correctional Institute of Camp Hill, 2500 Lisburn Road, Camp Hill, Cumberland County, Service was complete upon receipt by Steven A. Smith on the '~g~ay of Pennsylvania, 17011. May, 2003. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to falsification to authorities. the penalties of 18 Pa.C.S. 4904, relating to unsworn MELISSA A. SMITH, Plaintiff STEVEN A. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -. LAW DIVORCE NO. 03-2389 CIVIL TERM CERTIFICATE OF SERVICE I, Erin L. Benson, Certified Legal Intern, Family Law Clinic, hereby certify that I served a tree and correct copy of the Vital Statistics on Steven A. Smith, Defendant, by regular United States mail this O~ day of ~O~'-/~4 ~ 2003 at the State Correctional Institute- Greene, 175 Progress Drive, Waynesburg, Pennsylvania, 15370. Erin L. Benson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 MELISSA A. SMITH, Plaintiff Vo STEVEN A. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2389 CIVIL TERM ORDER OF COURT AND NOW, Praecipe To Transn decree in divorce ul this 29t~ day of October, 2003, upon consideration of Plaintiff's it Record, and the court being unawm'e of any authority for entry of a tder Section 330 l(a)(5) of the Divorce Code in the summary manner requested by Plaintiff? to the parties' rights to proceed with the Erin L. Benson Certified Legal Intern a divorce decree will not be entered at this time, without prejudice case in a more conventional manner. BY THE COURT, esley O1LVr;4~., J. Thomas M. Place, 15 Robert E. Rains, Est Anne MacDonald-F Supervising Attorne ,~AMILY LAW CL] 45 N. Pitt Street ! Carlisle, PA 17013 1 Attorneys for Plaintiff ~ Cf 23 Pa. C.S. §330b e). )x, Esq. ~s NIC io-30 Steven A. Smith, FF-7500 State Correctional Institution P.O. Box 200 Camp Hill, PA 17001-0200 Defendant, Pro Se :rc MELISSA A. SMITH, Plaintiff STEVEN A. SMITH Defendant PRAECIPE TO October 1, 2003. : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE AND CUSTODY : NO. 03- 2389 CIVIL TERM To th Kindl VITHDRAW PLAINTIFF'S PRAECIPE TO TRANSMIT RECORI~ Prothonotary: · withdraw the Plaintiff's Praecipe to Transmit Record filed October filed Erin L. Benson Certified Legal Intern ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 MELISSA A. SMITH, Plaintiff STEVEN A. SMITH. Defendant I, Erin L. Ben a true and correct co Steven A. Smith, De 2003 at the State Cot 15370. : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE AND CUSTODY : NO. 03- 2389 CIVIL TERM CERTIFICATE OF SERVICE son, Certified Legal Intern, Family Law Clinic, hereby certify that I served of the Praecipe to Dismiss Custody and Equitable Distribution Claims on ndant, by regular United States mail this ~) / ~;3day of :ectional Institute - Greene, 175 Progress Drive, Waynesburg, Pennsylvania, Erin L. Benson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 MELISSA A. SMITH, Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW DIVORCE AND CUSTODY STEVEN A. SMITH, Defendant : NO. 03- 2389 CIVIL TERM PRAECIPE TO WITHDRAW APPEARANCE AND NOW, thiso~ day of/I/tqe~-J~-, 2003, the Family Law Clinic withdraws its appearance on behalf of the Plaintiff, Melissa Smith. Date: Respectfully submitted, Erin L. Benson Certified Legal Intern THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243 - 2968 PRAECIPE TO ENTER APPEARANCE AND NOW, this ~ t& t ~ . day of ,~'t ~/~6~ 2003, Timothy Colgan, hereby enters his appearance on behalf of the Plaintiff, Melissa Smith. Respectfully submitted, Date: Timothy Cc~l~ - ) O 130 West Clturch-Sireet, Suite 100 Dillsburg, PA 17019 (717) 432 - 9666 MELISSA A. SMITH, Plaintiff V. STEVEN A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : No. 03-2389 CIVIL TERM : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 OF THE DIVORCE CODE 1. The parties to this action separated on October 2001, and have continued to live separate and apart for a period of at least two years. 2. The marriage 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. 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. Dated: l-II'o't MELISSA A. SMITH (Plaintiff) MELISSA A. SMITH, VS. STEVEN A. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-2389 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 33011'd) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The mardage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) 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 in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intentionto Request Divorce Decree, the divorce decree may be entered without further delay. I vedfy 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. Section 4904 relating to unsworn falsification to authorities. Date: Steven A. Smith, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER.AFFIDAVIT. MELISSA A. SMITH, Plaintiff V. STEVEN A. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-2389 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Sherie A. Minich, Legal Assistant to Timothy J. Colgan, Esquire, hereby certify that on January 29, 2004, I served a time-stamped copy of Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code and Defendant's Counter-Affidavit Under Section 3301(d) of the Divorce Code, upon Steven A. Smith, Defendant, by depositing same, postage pre-paid, General Delivery, in the United States Mail, Dillsburg, Pennsylvania, addressed as follows: Date: Steven A. Smith FF-7500 State Correctional Institute, Greene 175 Progress Drive Waynesburg, PA 15370 ?gt~erie A. Minich MELISSA A. SMITH, VS. STEVEN A. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-2389 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO WITHDRAW COUNTS II and III UNDER SECTION 3301(c), 3301(d), 3301(a)(5) and 3301(a)(6) OF THE DIVORCE CODE TO THE PROTHONOTARY: Please withdraw Count II for Equitable Distribution and Count III for Custody in the above-referenced Divorce Complaint. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Timo/~th'y/.~~uire 130 West Church Street Suite 100 Dillsburg, PA 17019 (717) 432-9666 I.D. #77944 ATTORNEY FOR PLAINTIFF MELISSA A. SMITH, ve. STEVEN A. SMITH, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 03-2389 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. Grounds for Divorce: Irretrievable breakdown under Section 3301(d). 2. Date and manner of service of the Complaint: An Affidavit of Service was signed bv William S. Ward stating that he served a true and correct copy of the Divorce Complaint on Steven A. Smith at the State Correctional Instute of Camp Hill. PA on May 28. 2003. Said Affidavit of Service was f'fled with the Court on June 2. 2003. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff'N/A; By Defendant: N/A. (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: ~ (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: Date of f'fling was January 22. 2004 and the date of service was January 29. 2004, 4. Related claims pending: Said related claims were withdrawn simultaneously with this Praecip¢, 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: U.S. Mail. first class, regular deliver3, on (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: N/A: Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: N/A. Date: ~2 -/5'- ~'y By: Timothy J.'Col ~g~_g~ Attorney for Plaintiff MELISSA A. SMITH, Plaintiff STEVEN A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 03-2389 CIVIL TERM IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF §3301¢d] DIVORCE DECREE TO: Steven A. Smith, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file an affidavit to the §3301(d) affidavit. Therefore, on or after March 15, 2004, the other party can request the Court to enter a final decree in divorce. If you do not file with the Prothonotar3, of the Court an Answer with your signature notarized or verified or a counter-affidavit by the above date, the Court can enter a final d3ecree in divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this Notice. Unless you have akeady filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 STE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS MELISSA A. SMITH, Of CUMBERLAND COUNTY STATE OF ~~ Plaintiff VERSUS STEVEN A. SMITH, Defendant NO. PENNA. 03-2389 Civil Term DECREE 1N DIVORCE AND NOW,_~I ~ DECREED That MELISSA A. SMITH 2004 AND STEVEN A. SMITH , IT iS ORDERED AND , PLAINTIFF, , DEFENDANT, ABE 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; All related claims were withdrawn. PROTHONOTARY