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HomeMy WebLinkAbout03-3050ROBIN T. SCHMIDT, Plaintiff DAVID SCHMIDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. (~ -- ..~t~'(~ : : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, 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 Divome or annulment may be entered against you by the Court. A judgrnent 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. Whom 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, 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 Attorney for Plaintiff ROBIN T. SCHMIDT, Plaintiff V. DAVID SCHMIDT, Defendant 6. 7. 8. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .. : NO. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE Plaintiff is ROBIN T. SCHMIDT, who currently resides at 133 S. East Street, Apt. B, Carlisle, Cumberland County, Pennsylvania, 17013. Defendant is DAVID SCHMIDT who presently resides at 78-A W. Louther Street, Carlisle, Cumberland County, Pennsylvarfia, 17013. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on December 21, 1974, in $ohnstown, Cambria County, Pennsylvania. There have been no prior actions for divorce or annulment between the parties. The Plaintiff is a citizen of the United States of America. The Defendant is not a member of the Armed Services of the United States of America. Plaintiff avers that there are three children of the parties over the age of eighteen and one child under the age of eighteen. The Plaintiff has been advised o£ the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. 11. 12. 13. 14. COUNT 1 REOUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. The marriage of the parties is irretrievably broken, COUNT II EOUITABLE DISTRIBUTION OF PROPERTY The prior paragraphs of this Complaint are incorporated herein by reference thereto. The parties have acquired certain property and assets which constitute marital property. In the event the parties are unable to resolve distribution of marital property by way of an agreement, then this Honorable Court is authorized to equitably divide, distribute or assign marital property between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiffrequests this Honorable Court to: a) enter a decree dissolving the marriage between Plaintiff and Defendant; b) equitably distributing all marital property pursuant to section 3502 of the Divorce Code. Respectfully Submitted, BY: ~Keller, Esquire Supreme Court ID# 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5451 VERIFICATION I verify that the statements made in the attached divorce complaint 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. Robin T~ffimidt ROBIN T. SCHMIDT, Plaintiff DAVID SCHMIDT, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 03~3050 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I served the Defendant David Schmidt, with a true and correct copy of the complaint in this matter by mail, on July 18, 2003 at 78~A West Louther Street, Carlisle, Pennsylvania 17013, his last known address. I, Christopher J. Keller, Esquire, hereby further certify that on July 3, 2003 1 mailed to the Defendant David Schmidt at the above-indicated address by regular and certified (restricted to addressee and return receipt requested) first class mail, a true and correct copy of the complaint. The certified mail was not accepted and is attached. The regular mail, addressed in the same manner and sent on the same date, has not been returned within 15 days and therefore service is deemed complete pursuant to Pa.R.C.P. 1930.4 (c) (1). 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: July 25, 2003 Commonwealth of Pennsylvania : County of Cumberland : Christopher J. I~eller, Esquire SS I hereby certify that on the 25th day of July, 2003, before me, the undersigned Notary Public, personally appeared Christopher J. Keller, known to me or satisfactorily proven to be said person, who acknowledged that she executed the foregoing document for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto affixed my hand and Notarial Seal. Anne Carrno~g Notary Public [My Commlulon Explrel Explr~ Mar. 11, 2006 1 Law Office of Christopher J. Keller 101 South Market Street Mechm:icsburg, PA 17055 7001 1940 0006 2850 6117 ^,, q, David Schmidt 78--~. Louth~ Carlisl~3 ~ r-1 fNSUEEICIENT ADDRESS E3 ATTEMPTED NOT KNOWN ~ NO SUCH NUMBER/STREET ~3 NOT DELIVERABLE AS ADDRESSED - UNABLE TO FORWARD