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HomeMy WebLinkAbout99-05267s .F F h :?, <?• •?• c?• .e• r?• ce• c?• •:r, •:v .:r.• :e• tc• •:r.• :?• ce• c?• •:?: •:?: cc• : :v •:x?:•;?.:?c?z,c?.;.?? ;?? :;Rx V IN THE COURT OF COMMON PLEAS y OF CUMBERLAND COUNTY i i i i i F STATE OF 0 PENNA. ELLEN J. 34ITH, Plaintiff Versus ROBERT E. 34ITH, II, Defendant No. ....5267 Civil Term 1999 DECREE IN I VORCE f? AND NOW,. ... ........ ... ... /' .` 19. , it is ordered and decreed that ..... II.....len.J....anith .................................... Plaintiff, and . . . . . . . . . . . . . . . . . . . . Robert E.. &nith, II . . . . . . . . defendant, are 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; ft?? ........................................................................... ..........W A.A.-. ........................................................... Prothonotary r s oo yam 6? ELLEN J. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 5267 Civil Perm 1999 ROBERT E. SMITH, II ACTION IN DIVORCE Defendant P IP TO IRAN MIT RECOR 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 0301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Delivered by certified mail restricted delivery return receipt requested delivered on ptember 20 1999, 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff. 12- / < (,' By Defendant: 2- Z C.. ) `? 4. Related claims pending: None. 5. Date Defen ant's aiver of Notice in §3301(c) Divorce was filed with the Prothonotary:_ 2 Z 2.7 ?- C-7/ Respectfully Submitted: Date: l ?2 ]/c/ L 6 L 1'4_ ane Adams, Esquire I.D. No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff -- - °: LJ` - ' ? : ?I .._. i?' ?. •, ?.. [. C ? i ELLEN J. SMITH, Plaintiff vs. ROBERT E. SMITI I, Defendant IN T I IF COURT OF COMMON PLEAS CUMBERLAND C'OUNT'Y, PENNSYLVANIA No. 97 - S-26,7 0uj 1£" AC'T'ION 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 ot'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. Where 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 Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENTIS GRANTED, YOU MAY LOSE THE RIGI ITTO CLAIM 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 GETLEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pa. 17013 (717) 249-3166 f ELLEN J. SMITH, Plaintiff VS. ROBERT E. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 99-5:26t a- f e?.._ : ACTION IN DIVORCE COMPLAINT IN ]DIVORCE L Plaintiff is Ellen J. Smith, an adult individual, who has resided at 140 Conodoguinet Mobile Estates, Newville, Pa. 17241, since June 1999. 2. Defendant is Robert E. Smith, an adult individual, who has resided at 301 Ridge Road, Shippensburg, Pa, 17257, since July 1999. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 5, 1996 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 1 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WI IEREFORE. Plaintiffreyuests the court to enter a decree in divorce. I verify that the statements made in this Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. . n Ellen J. Sr iith, Plaintiff Respectfully submitted, QQ? \ Date: 8 • a . -1 1 jAldtam s, s quire 0.79465 outh Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF CT- u ?o r., r. u c.. tv -% i. u.. U crt U f Ql Ri C4 ELLEN J. SMITI-1, Plaintiff VS. ROBERT E. SMITI-I, 11 Defendant IN'T11F. COURT OF COMMON PLEAS CUMBERLAND COUNTY. PENNSYLVANIA No. 5267 Civil Term 1999 AC'T'ION IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. Ifyou 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. Where 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 Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGI TT TO CLAIM TI-IEM. 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, TFIE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL FIELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle. Pa. 17013 (717) 249-3166 ELLEN J. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 5267 Civil Term 1999 ROBERT E. SMITH, 11 ACTION IN DIVORCE Defendant AMENDED COMPLAINT IN DIVORCE 1. Plaintiff is Ellen J. Smith, an adult individual, who has resided at 140 Conodoguinet Mobile Estates, Newville, Pa. 17241, since June 1999. 2. Defendant is Robert E. Smith, 11, an adult individual, whose current address has been P.O. Box 102, Newville, Pa., 17241 since July 1999. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on October 5, 1996 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint 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. Ellen J. S ith, Plaintiff Date: / 1131'5 Respectfully submitted, e Adams, Esquire 1 . No. 79465 17 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF u. <n i U cr, i_) fill 1 me I,UUK 1 OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 5267 Civil Term 1999 ROBERT E. SMITH, ACTION IN DIVORCE Defendant AFFIDAVIT OF FRVI E BY CERTIFIED MAIL AND NOW, this September 1, 1999, t, Jane Adams. Esquire, hereby certify that on August 31, 1999, a true and correct copy of the Plaintiff s Notice to Defend and Complaint were served, via certified mail, return receipt requested, addressed to: Robert E. Smith 301 Ridge Road Shippensburg, Pa. 17257 Respectfully Submitted: 0w-- 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF 1 ? ?u? Jafi Adams, Esquire I:p. 0.79465 ,_ ?,, ?•- ??. llJi -_ l ). ti_ ?.i' L1: ' ?. f_., . J ! ? ?. . .i ; .... L ?. Cr - Lti f.1 + .. (T ? ` SEEDER. if Card m , a_ , and 4b .nanaut rrwmL I .pP r. Tf, ar aaa or aM'^W1?a, arm ay pffw n^nNM aw axfra fee). - (for an 3. 1 o Rd O"a"^'?av4ca hadr am a a OoMrp D ri A`?"?__ +rwr ft aerow -o g0 1 Artlge rbAedreaeetl fo: "" ''"aa uw, yy y . 2• ^' rMa oayM _ I ;?b1 IZZ7 /'A- III BY (Pnn7 Nemv # e x afore: X e w n ! PS orm 11, member f aoe ?. grtkle Number ao"" fer for fee. 4b• sarva. ryas ? Re0leterey t 13 Frcar"o MW RonRoe* faAbr ? 1 t r. Dafear De ery CODr Npeyje rcrryaregrew ?a Domest Return RgCejpt t r Y i?N ^ J?t ' i ELLEN J. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. : No. 5267 Civil Term 1999 ROBERT E. SMITH, II ACTION IN DIVORCE Defendant 1. A complaint in divorce under section 3301(c) of the Divorce Code---S-filed on August 27, 1999, and an amended Complaint was filed September 13, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree of divorce. 4. 1 understand that I may lose my rights concerning alimony, division of property, lawyer's fees, or expenses, if I do not claim them before a divorce is granted. 1 understand that the statements made in this affidavit are true and correct. I also understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: 12114IC)Ct ETen Smith, Plaintiff WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §33011ct OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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: 12-Ii/ ci, Ellen Smith, P aintiff ELLEN J. SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 5267 Civil Term 1999 ROBERT E. SMITH, II ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Cc; ,as filed on August 27, 1999, and an amended Complaint was filed September 13, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. 1 consent to the entry of a final decree of divorce. 4. 1 understand that I may lose my rights concerning alimony, division of property, lawyer's fees, or expenses, if I do not claim them before a divorce is granted. I understand that the statements made in this affidavit are true and correct. I also understand that false statements therein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: /rat , l c1 C? Robert E. Smith, II, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of divorce without notice. 2. 1 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. 1 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: b h A r7 Robert E. Smith, efendant ._ r-; ?=? ?, ' . _ ?:; ??. .. ?? .: < < _. ELLEN J. SMITH, Plaintiff vs. ROBERT E. SMITH, 11 Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 5267 Civil "Perm 1999 ACTION IN DIVORCE AFFIDAVIT OF RVI F BY FRJIF! D MAI AND NOW, this September 21, 1999, I, Jane Adams, Esquire, hereby certify that on September 20, 1999, a true and correct copy ol'the Plaintiffs Notice to Defend and AMENDED COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Robert E. Smith, 11 P.O. Box 102 Newville, Pa. 17241 Respectfully Submitted: Jape Adams, Esquire LD: No. 79465 117 South Hanover St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF of G ? 4 N ? c. N 1 7 ?lyi•' p- _ Sc f- LLJ r q.. m U 1 SENDER: . CsmoM• uW« 2 br •eau«W ••nb.¦ I also wleh to recelvs the ¦ canpJ• aww 3, w, •,d w. Io4l&Mng services (for an ¦Phny«r,u,n and od*m w arm of ei b,m w VW w• ran MWm eN extra lee): f aefo 4 ¦ ?awi 9i•rm to n• h«e Of the mJipwe, «m to eck Y •p•c• eo•• not 1. ? Addmuae'i Address p•mYl. I ¦ The •he R«Wum Nm RwMq M WNWe show to b whom Ne ft •N wb ¦ d•w•• e•IIV•ne? W al: a delivered. b ---f-- Addressed k pwtmsebr for les. N. Article Number i I Type Le I ?'rees mail ? Insured O RRelum Rewot for MwftndIw ?COD I 7. Date oll" 010 5. RG iv Cy: Print Name) B. ire fee is paid) rase (On NrequesfeC 6. Signature: ressee OrAgeng x ` ! PS Form 3811, December 1994 lozwo-wemss Domestic Retum Receipt t i, ?. I?I t..