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Home My WebLink About99-05319 N it %AZ -12 C3 ?I e h cn? V i Ilt: on to V- 1 1 il i i i 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ?C? PENNA. DAVID W. GUTSHALL, Plaintiff Vor.;ns HOLLY A. GUTSHALL, No. 99-5319 CIVIL 3VX Defendant DECREE IN DI ?/ORCE C7 Vla/.M. AND NOW, .........f?". tf .. , 19 ... , it is ordered and decreed that . . . . . . . . . . . . . ..DAVID. W.. . G.U.T. .SHALL .., plaintiff, ....... and ..................... .HOLLY, .A,. GUTSHALL, . • , • ... , , , , . , 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 st i ra s been entered; None. ........................ ....... .................................... ......... ....................................................... i? By The t: ?y V Attest: j: Prothonotary .51 !i?i r?. ?,*. ON .W} W. M. .:?'• :?i :?• {K• .A .?. 3? .? .Y.• •:?i ?:?:• iE• C? ?. •Y:• s. .O 3:• ? .?: •:?• ;?•. •? ???jjjpppp?j?j?jy::y/y/y////llllll h L1. /a/?-99 ?????I ??????c DAVID W. GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : 99-5319 CIVIL HOLLY A. GUTSHALL, : IN DIVORCE Defendant 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. Ground for divorce: irretrievable breakdown under § 3301(c) of the Divorce Code. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by plaintiff December 13, 1999; by defendant December 10, 1999. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; (2) Date of filing and service of the plaintiff's affidavit upon the respondent 4. Related claims pending: None 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: (b) Date plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: December 13. 1999 Date defendant's Waiver of Notice in § 3301( Divorce was filed with the prothonotary: December 10 1999. Attorney to-r Pla nti f 2. Date and manner of service of the complaint: c] cv A' ^ 1-- J - r DAVID W. GUTSHALL, Plaintiff VS. HOLLY A. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW . 99 5319 CIVIL 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 counselling. A list of marriage counselors is available in the Office of the Prothonotary at 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 I DAVID W. GUTSHALL, Plaintiff VS. HOLLY A. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW 99 5319 CIVIL IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, David W. Gutshall, by his attorney, Dale F. Shughart, Jr. and states the following complaint. 1. The Plaintiff is David W. Gutshall, who currently resides at 1420 Center Road, Newville, Cumberland County, Pennsylvania 17241, since 1949. 2. The Defendant is Holly A. Gutshall, who currently resides at 1420 Center Road, Newville, Cumberland County, Pennsylvania 17241, since March, 1999. 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. The Plaintiff and Defendant were married on April 15, 1999 in Winchester, Virginia. The parties separated on August 20, 1999. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counselling and that the Plaintiff may have the right to request that the court require the parties to participate in counselling. WHEREFORE, the Plaintiff requests the Court to enter a Decree of Divorce. I verify 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. David W. Gutahall DATE: August 30, 1999 Dale F. Shu rPl rAt torneys fo ai tiff 35 East Hig eet, Suite 203 Carlisle, PA 17013 (717) 241-4311 Attorney I.D. 19373 C?' r ; " `4J - g DAVID W. GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : 99-5319 CIVIL HOLLY A. GUTSHALL, : IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 2, 1999. 2. The marriage 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. 4. 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 unsworn falsification to authorities. DATE: December 1999 i David W. Guts all Sworn to and subscribed before me this 1 *3 day of December, 1999. Y NOTANAL UAL W_NM L.ODYL& MANY PUWC YYODYYItt DDp1{ NEOC?O! 1002 ?? r. ;? ??. '._ _r ??_: `: ?? ': . ; ,1. C' =- ?.U L _ L. ?''? ?? ' :J DAVID W. GUTSHALL, Plaintiff VS. HOLLY A. GUTSHALL, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 99-5319 CIVIL IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF MARRIAGE COUNSELLING 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 2, 1999. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce. 4. 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. 5. I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. 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: December /0, 1999 i H 1 y A. Gutshall ^ Sworn to and subscribed before me this 1 6?A day of December, 1999. r• [ ;; h - ?, r ?:; - ?,. - ??_t, ?_ - .? t' ;, ?. ?. ?_. Z-: ,?, ?., - _? 'J DAVID W. GUTSHALL, Plaintiff VS. HOLLY A. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5319 CIVIL 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. I Date: / ? /`3 F 7 /?/t0// 4?! " /I David W. Gutsha r cv LLJ lJ .i I J ,. - 1- C - _.) O U DAVID W. GUTSHALL, Plaintiff VS. HOLLY A. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 99-5319 CIVIL 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 t(o? authorities. Date: 1 ' H 1 y ?. ut _ r- ?- c. ' 1 1. lJ C_ ? i , 1CJ ?.? C: • L i Il;l L: f'1 -.) L .? ? l? DAVID W. GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW VS. : 99- 5319 CIVIL HOLLY A. GUTSHALL, : IN DIVORCE Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND Dale F. Shughart, Jr., being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above captioned divorce action; that on September 2, 1999, he mailed a true and correct copy of the Complaint in Divorce, duly endorsed with a Notice to Defend, to the Defendant, by certified mail with restricted delivery, postage prepaid, return receipt requested and evidenced by return receipt card No. Z 033 033 105 to Defendant's last known address; that on September 3, 1999, Defendant did personally receive said Complaint in Divorce; that attached hereto, made a part hereof and marked Exhibit "A" is return receipt card No. Z 033 033 105, with Defendant's signature affixed thereon; and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief. A Attorney for ff Sworn to and subscribed before me this =day of September, 1999. uQi ? Mor?wK am W' ?; wa CO UN" Tr mow" oeroW n 2 4 ? S i ? i' I andlor 2 for additional services. 3, 4a, and 40. and address on the reverse of IBIS loan ae that we can return mie to the front of the mallpleoe, or on the back If apace does not rcelpt Requested' on the mellpieoe belay the article number. rbt will show to wham the ankle was deMered and the date 1 also wish to recsive the--""""'111 following services (for an extra fee): ' s Address 1. ? Addressee 2.jj Restricted Delivery Consult postmaster for fee. I Holly A. Gutshall c/o Norman J. Dellinger 51 Shellbark Court Carlisle, PA 17013 'o a B PS Z 033 033 105 4b. Service Type ? Registered QCertHied ? Express Mail ? Insured F Q Return Receipt for Merchandise ? COD 7. Date of Delivery 9 8. Addressee's Address (Only It requested and tee is paid) 1894 1025esee-11,0229 EXHIBIT "All ,I, .)?' ?.:. -?..+ _. 'i Lt (,? ' ? l i' n'. ?' ? .w ?. i?lp. ?- U K IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW C' L _\ d 1 Plaintiff Vs. Defendant File No. , ?i? r l yUr IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff /Defendant in the above matter, having been granted a Final Decree in Divorce on the f / 01 day of i 1•19 hereby elects to resume the prior surname of }I(?1 t 0 and gives this written notice pursuant to the provisions of 54 P.S. S 704. s t / / DATE: r/ 7- ?-Signatures Signature of name bein resumed cs/ /1/ • / 'C LL/1tJ6?ie COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On the 7,i5 day of before me, a Notary Public, personally ap ared tWfi( above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. NOTARIAL SEAL PAMICIA A SHATTO. Nalar7Public far.i"A 31,u. Cumberlrnd Counly 61y ?0"'ai ^a Expires December 17, 2001 a a ?, ? ? CA (y1\\ V 3 4