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HomeMy WebLinkAbout01-045391 .. N THE COURT OF COMMON PLEAS TOBIAS L. SMITH, N o. 24.4.7.-4.5~s ... ................. 19 DECREE IN DIVORCE .~- l; 3oP.M ' AND NOW, ....~~..~~ .............. X90? it is ordered and BY urt • -... - - -......__ J: Attest: .•. ,a, _- - - Prothonotary 'D' decreed that ................T98IA5.z~..s[~u's~a.................., plaintiff, and ......................... JASivt~ z:...sMZ~i ............... , defendant, are divorced from the bonds of matrimony. ~ oaf ............................................ 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; .. ~ ::yif ,. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff v. CIVIL ACTION -LAW N0.2001-4539 CIVIL TERM JASMINE L. SMITH, Defendant 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: Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service ofthe complaint: via certified mail, return receipt requested, restricted delivery on August 11, 2001. 3. (Complete either paragraph (a) or (b).) (a) Date ofexecution ofthe Plaintiff s affidavit ofconsent required by Section 3301 (c) of the Divorce Code; May 1, 2002; by the Defendant; Apri125, 2002. 4. Related claims pending: None. 5. Date Plaintiff s Waiver ofNotice in §3301(c) Divorce was filed with the Prothonotary: May 10, 2002. Date Defendant's Waiver ofNotice in §3301(c) Divorce was filed withthe Prothonotary: May 10, 2002. Date: May 10, 2002 HANFT & KNI HT, P.C. By M' hael J. Hanft, Esq e Attorney LD. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717)249-5373 Attorneys for Plaintiff F:\USU Poldat~Fimi DOGS\Gandws2OO2\204'!-IPrOttipuYmismip.wpd F:\User FOlder\Fvm Dacs\Gendocs2001\205~_ldivorce.complav~twpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION - LAWn/~ cam. v. NO. 2001- ~/S".?4'' (.:[oc~ <fILN-l JASMINE L. SMITH, Defendant 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 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 at the Domestic Relations Office, 13 North Hanover Street, Cazlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 (717)249-3166 IN THE COURT OF COMMON PLEAS OF CiJMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v, N0.2001- JASMINE L. SMITH, Defendant IN DIVORCE CAPTION COMPLAINT IN DIVORCE AND NOW, this 27th day ofJuly, 2001 comes Plaintiff, TOBIAS L. SMITH, by and through his attorneys, the Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Tobias L. Smith, who currently resides at 324 Liberty Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is Jasmine L. Smith, who currently resides at 2900 Illinois Avenue, Apartment 2403, Killeen, Texas 76543. 3. The Plaintiff and Defendant are sui juris, and the Plaintiff has been a bona fide resident of the Commonwealth ofPennsylvania for a period ofmore than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on January 10, 1997 in Colorado Springs, Colorado. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT Midhael J. Hanft, Esgifire ~ Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 -..~~,.~ VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ~~NfUI a(o Jul U/ Tobias L. Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v. NO. 2001-4539 CIVIL TERM JASMINE L. SMITH, IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this 17th day of August, 2001, I, Michael J. Hanft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on July 30, 2001, but actual service took place on August 11, 2001, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Jasmine L. Smith 2900 Illinois Avenue Apt. 2403 Killeen, TX 76543 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, LAW OFFICE OF MICHAEL J. HANFT M chael J. H ft, squire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 P:\USer FOldtt\Fii„iOOU\Grndoce2001@057-lcertificaze service.wpd +_ .. ' ~ .• ^ 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 this card to the back of the mailpiece, or on the frontIf space penni[s. 1. Article AcJtlressed to: .~Qsl one L • ~'m I.I-P2- ~q~zillnols A~en~fe_ Ktlleenl ,'(~ '1~5~3 2. Article Number by B. Date of e Adc delivery tldress different from Rem 1? ^ Ves VES, enter delivery address below: ^ No 3. Se ice Type ~~6ertified Mail ^ Express Mail ^ Registered ^ Return Receipt for ^ Insured Mail ^ G,O.D. 4. Restricted Delivery? (Extra Feel ~ ~~la.n ; ~`7 I.1 ., ~ . Return Receipt ~ ~ f0259soo-M-0952 ,,..~~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v. N0.2001-4539 Civil Term JASMINE L. SMITH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 27, 2001 . 2. The marriage of Plaintiff and Defendant is irretrievablybroken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal 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: ~ Ctl. '- ~ ~~~~ Tobias L. Smith, laintiff Sworn to and subscribed before me this ~~~ day of ~CC(/ ,2001 ~~u~ Notary Public F9USer Fo1deAFvm Docs\Gendocs2001@057-1 aRrdaviccorsencwpd Notarial Seel Denise L. Nye, Notary Pabllc South Middleton 7Wp., CLmberland County My Commission Expires Feb. 26, 2005 Member, Pennsylvania ASSOCiahtxlof Nmaries xN _ - - ~ ~: IN THE COURT OF COMMON PLEAS OF CiINIBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v. N0.2001-4539 Civil Term JASMINE L. SMITH, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE L I consent to the entry of a final decree of divorce without notice. 2. I understand that I maylose rights concerning alimony, division ofproperty, 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 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 to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: m~ r~ ~ i~l~o~- ~L ~ ba_. Tobias L. Smith, Plaintiff F:\USer Folder\Fiem Oocs\Gendoc52001@OSPlwaiver.volice.wpd ~ a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff v. JASMINE L. SMITH, Defendant CIVIL ACTION -LAW NO.2001-4539 Civil Term IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND ) 1. A Complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on July 27, 2001 . 2. The marriage of Plaintiff and Defendant is irretrievablybroken 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 after service of notice of intention to request entry ofthe 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 o 8 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: 1 1-~~ smine L. mith, efendant Sworn to and subscribed before me this day of ~r' 1 , 2002. Notary Public ~~ ~ b~.~ r~ y~-~ F:\USer Folder\Firxn SARA CAMPBELL NoMry Public -State of Texas Commission Exptres:12/17103 ,.. A, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff v. JASMINE L. SMITH, Defendant CIVIL ACTION -LAW N0. 2001-4539 Civil Term IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(cl 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 ofproperiy, lawyer's fees or expenses if I do not claim them before a divorce is granted. The signing of this Waiver in no way affects my rights regarding Custody and/or Child Support. 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 to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: MLlU ~p ~ ~EQ~ F\User Folder\Fimr DOGS\4endocs2001Q05]-lwaiver noHmwpd `! IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v. IN DIVORCE JASMINE L. SMITH, N0.2001-4539 CIVIL TERM Defendant NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file acounter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on July 15, 1999, and have continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. I understand that Imay lose rights concerning alimony, division ofproperty, 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 subj ect to the penalties of 18 Pa. C. S.A. Section 4904 relating to unsworn falsification to authorities. Date: a3 Aor oa ~~ Tobias L. Smith, Plaintiff Pa\Deer Foldu\Firm Docs\Gendocs2002@OS]-IafAdavic3301dwpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v. No. 2001-4539 (Civil Term) JASMIlVE L. SMITH, Defendant 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 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 (717) 249-3166 ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v. No. 2001-4539 (Civil Term) JASMINE L. SMITH, Defendant IN DIVORCE AMENDED COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE AND NOW, this 29th day of April, 2002, comes Plaintiff, by and through his attorneys, Hanft & Knight, P.C., and files the following Amended Complaint in Divorce Pursuant to Section 3301(d) of the Divorce Code, and in support thereof avers as follows: The allegations in Paragraphs 1 through 6 of the Divorce Complaint are incorporated as if fully set forth herein. $. Alternatively, Plaintiff avers that Plaintiff and Defendant have been living separate and apart since July 15, 1999, and have continued to live separate and apart for a period of at least two (2) years, and are thus entitled to a Divorce pursuant to Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff requests this Honorable Court allow him to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully Submitted, HANFT & KNIGHT, P.C. M4chael J. Hanft, Esquire Attorney I.D. No. 57976 Lindsay Gingrich Maclay, Esquire Attorney I.D. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717)249-5373 Attorneys for Plaintiff P:\USer Folder\Fvm Docs\Gendocs2002\2059-Lamendetl.complain[ wpd x~svaxvmamwfl ., VERIFICATION [ VERIFY that the statements set forth in the attached document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa. Section 4904 relating to unswom falsification to authorities. ~c, ~ ~ ~}p/ Ool F \L'ur Folder~Firm Doc9FonnsLLitigation\Verification gmcric IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v. IN DIVORCE JASMINE L. SMITH, N0.2001-4539 CIVIL TERM Defendant NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file acounter- affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on July 15, 1999, 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.A. Section 4904 relating to unsworn falsification to authorities. Date: 1~ ~Cb Off. /01A. Tobias L. Smith, Plaintiff F:\User Folder\Firm Docs\Gendocs20pp\205]-l~devicJ301d wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v. N0.2001-4539 Civil Term JASMINE L. SMITH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 27, 2001 . 2. The mamage 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 after service of notice of intention to request entry ofthe 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: fl' ~ -a I Tobias L. Smith, Plaintiff Sworn to and subscribed before me this dany olf Na1~Z>`'YlhGi'" , 2001 ~K~/ Notary Public Notarial Seal Denise L. Nye Notary public South Middleton 7Wp., Cumberland Coun My Commission Expires Feb. 26, 2005 MartMer, PennsyNanieAsspclatlonWNOtaries F:\USer Folder\Firm Dou\Gendocs2001 V.OSZtaffidaviLCOnsrnt wpd IN THE COURT OF COMMON PLEAS OF CIJNIBERLAND COUNTY, PENNSYLVANIA TOBIAS L. SMITH, Plaintiff CIVIL ACTION -LAW v. N0.2001-4539 Civil Term JASMINE L. SMITH, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~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 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 to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: /~- t- ~ ~ ~~ ~ Tobias L. Smith, Plaintiff F:\Oser FclderlFirm Dacs\Gendocs2001\2057-Iwaivecmtice.wpd i . :~. ~.> µu. - TOBIAS L. SMITH, Plaintiff v. JASMINE L. SMITH, Defendant CNIL ACTION -LAW No. 2001-4539 (Civil Term) IN DIVORCE 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 ofproperty, 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 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 to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: ~3 Apr off, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ~lu,`~Yl~a~ Tobias L. Smith, Plaintiff F:\QSCr FodedFirm Docs\Gendoc52o02@05]-l.notwaiv plainLwpd