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Home My WebLink About99-04603:e i i i i i THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY i is i DECREE IN DI VORCE R Sally J. Gehling 99-4603 N u. .......... l Versus John Gehling STATE OF PENNA -'Ve .1 • IN s AND NOW, . ` .. 2 ......... 19 . ?°l , it is ordered and decreed that ..saiiy•?, Gehling ................................ plaintiff, and ........... Jahn. Ganl.ing .................................. defendant, are divorced from the bonds of matrimony. s 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; ............... ................ ........ ..... ....................... :...................... Q y8 i / By The Cou.t•t': / •' / Attest: ^V Prothonotary ........, , . t 4 '. "ve??, l IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SALLY J. GEHLING Plaintiff, V. No._ 22-4603 Civil Action - Divorce JOHN GEHLING Defendant 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 Section () 3301(c) (x) 3301(d)(1) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Service on July 30, 1999 via acceptance of service signed by the defendant. 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 NIA; by defendant N/A . (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: 7_30.99; (2) date of service of the Plaintiffs affidavit upon the Defendant: 7-30_99. 4. Complete the appropriate paragraph(s). (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: All claims settled by agreement of the parties. (d) State whether any agreement is to be incorporated into the Decree. No. If so, attach a true and correct copy of the fully executed agreement: (e) Has a request for counseling been made by either party? : No. If so, has the counseling been completed?: 5. I certify that the notice required by Rule 1920.42(e) was mailed on: July 31, 1999 and a copy thereof is attached. HAZLETT Lee E. Oesterling, Esquire Attorney I.D. #71320 Attorney for Plaintiff 20 South Market Street Mechanicsburg, PA 17055 (717) 790-0490 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA Civil Action----Divorce SALLY J. GEHLING. PLAINTIFF Docket No. 99-4603 JOHN GEHLING, DEFENDANT, NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Defendant, John Gehling: You have been sued in an action for divorce. You have failed to answer the complaint OR FILE A COUNTER AFFIDAVIT TO THE 3301 (D) AFFIDAVIT. Therefore, on or after August 201h 1999 the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary 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 decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already 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 LANVYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Date: July 31, 1999 CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 T _ I U-1 C\j LO ? i1J ?' CV .1. 1__9 Jlll W : r)_ <n _ It IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SALLY J. GEHLING Plaintiff, /J No. v. Civil Action - Divorce JOHN GEHLING Defendant 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. Ajudgment 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. 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 Co. Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. § 3301(a)(6) - Indignities 23 Pa.C.S. § 3301(c) - Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. § 3301(d) - Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation A list of manage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240- 6195. HAZLETT & OESTERLING E. 71 Attorney for Plaintiff 20 South Market Street Mechanicsburg, PA 17055 (717)790-0490 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SALLY J. GEHLING Plaintiff, V. JOHN GEHLING Defendant No. % 9 - yG U3 LQ Tz-?^- Civil Action - Divorce COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Sally J. Gehling, an adult individual, sui juris, who currently resides at, 194 Crown Pointe Drive, City of York, County of York, Commonwealth of Pennsylvania 17402. 2. Defendant is John Gehling, an adult individual, sui juris who currently resides at, 2--/9 -B F2EAFQ/rK ST?&gAh9Ye9 City of County of Yn,2K Commonwealth of Pennsylvania 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the T// day of (ICTO13EP2 . 196ltounty of 4M,t State of PLEWS y1V1)A11'6 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment instituted by either of the parties in this or any other jurisdiction 7. The marriage is irretrievably broken. 8. 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. 9. Plaintiff intends to file an affidavit consenting to a divorce based upon the alleged separation of the parties for more than 2 years. Plaintiff believes that Defendant may also file such an affidavit. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(d) of the Divorce Code. HAZLETT & OESTERLING Lee E. Otsterl nrlb. # 7 Attorney for Plaintiff 20 South Market Street Mechanicsburg, PA 17055 (717)790-0490 Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SALLY J. GEHLING Plaintiff , A No. 99•`160.3?r?( Tu.r V. JOHN GEHLING Defendant Civil Action - Divorce NOTICE 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. AFFIDAVIT UNDER 23 P.S. § 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on Nnylmh!/ , / 9 9,Z and have continued to live separate and apart for a period of at least two years.' 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. § 4904 relating to unworn falsification to authorities. Date: I verify that upon personal knowledge or information and belief that the statements made in this 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 unsworn falsification to authorities. Date: Q ? ? r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SALLY J. GEHLING Plaintiff, No. 99- 1603 CR/i/ TPin) V. JOHN GEHLING Defendant Civil Action - Divorce A.CCEPTANCE OF SERVICE I accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. 7,30-99 Date Defendant or Au hor@ed Agent 1 617 Mailing Address X33 / E lam: ' J rT?' 1 y - •cn Lz ±s' 4= y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SALLY J. GEHLING Plaintiff, No. 99 - X603 CGvl/ T!/rr! V. JOHN GEHLING Defendant : Civil Action - Divorce COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): Q (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 marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before the 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. 1 understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing an serve them on the other parry. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. J Date: Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. G' l J C?j ?? U IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SALLY J. GEHLING Plaintiff, V. JOHN GEHLING Defendant No. 99-4603 Civil Action - Divorce Notice is hereby given that the Plaintiff in the above captioned matter, having been granted the Final Decree in Divorce on the 2nd day of September. 1999, hereby elects to retake and use her previous name of Sally J. Hull and gives this written notice avowing her intention in accordance with the provisions of the Act of December 16, 1982, 54 Pa.C.S.1704. Sally J. Gehl' 1g, 0 tit' ner To Be Known as: ??"??? Sally J. Hul COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBER LAND :ss: Subscribed and sworn to before me this / *' day of 1999. 4"1 C4? Notary Public My Commission Expires: Notarial Seal Anne Carmody, Notary Public 6My hanicsbur? Bo% Cumberland County rAm mle6 on n FXPlne Mar. 11, 2002 G r 0' 1 v u ti ??? ? ?J J