The URL can be used to link to this page

Home My WebLink About03-3331 HEA THER SIMMONS, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, * PENNSYLVANIA (];(.)~CT€ft.n1 VS. * NO. 03 - J3'31 * RYAN SIMMONS, * CIVIL ACTION - LAW 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 maniage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotlll)', Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 HEATHER M. SIMMONS, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY. . PENNSYL VANIA . ~'~~l7~ YS. . NO. O~ -J~I . RYAN M. SIMMONS, . CIVIL ACTION - LAW Defendant . IN DIVORCE COMPLAINT UNDER ~3301 OF THE DIVORCE CODE 1. Plaintiff is Heather Simmons who currently resides at 101 Norway Street, Mechanicsburg, 17050, Cumberland County, Pennsylvania. 2. Defendant is Ryan Simmons who currently resides at 403 East Portland Street, Mechanisburg, 17055, Cumberland County, 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 November 15, 1997. 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 has been no prior action for divorce or annulment instituted by either ofthe parties in this or any other jurisdiction. 7. The 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. 8. Plaintiff avers that there are no children between the parties. COUNT I. REQUEST FOR A No-FAULT DIVORCE UNDER S3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date ofthe filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, ifboth Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, PlaintiffrespectfulIy requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II. REQUEST FOR A NO-F AUL T DIVORCE UNDER S3301(d) OF THE DIVORCE CODE 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. The marriage of the Parties is irretrievably broken. 14. The parties are living separate and apart and at the appropriate time, Plaintiff wiIJ submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted: BY! Il;;;-~ 1. ~L4 ~e;h{= L. Mihalko, Esquire Wiley, Lenox, Colgan & Marzzacco The Wiley Group One South Baltimore Street Dillsburg, P A 17019 (717)432-9666 ID #86998 ATTORNEY FOR PLAINTIFF Date: 7--/9 /03 VERIFICATION I, Heather Simmons, hereby swear and affirm that the facts contained in the foregoing Complaint for Divorce are true and correct and are made subject to the penalties of 18 Pa. C. S. Sec. 4904 relating to unsworn falsification to authorities. Datef};JlJ J.()J1003 fJ/J Hea mmons (") C:' ~ ,- '-,.,~ ~ -CQ., '.-- (;) 1 - , - 7i ~ , . ) ~ 8 .-r1 -....., - D w :..,) ..a ~ '-, 1 -() ~ 'n -< ~ t ~ HEATH R SIMMONS, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3331 CIVIL TERM RYAN IMMONS, Defendant. : CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE accept service ofPlaintit1's Complaint in Divorce as of the 17th day July, 2003 in the above- captio d matter, which service satisfies the requirements of the Pennsylvania Rules of Civil Proced reo Date: ~4tL~ : R Simmons Address: ~003 ~e: "-16~O('. ~h)a.r<t- l rt-... -;,yqq7 ( ::;j ;:11 .T~ " HEATHER SIMMONS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-333 I RYAN SIMMONS, Defendant : CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under ~3301(c) of the Divorce Code was filed on July II, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. !}4904 relating to unsworn falsification to authorities. 7/ 30 I ()fo t;fe- S~1iVLIY1P ~ther Simmons Plaintiff ('") c ~ -o~" "'-)r!,.'. ~-:-.' zr.... (.Jl.c- ::.::.: ~C:' ;p; C] ~u J>C: ~ ~ ~ C) \.ft ?:.:n f? .t:" ~~ %~ ~ - ~ ..., :t:: (.) 0- .r;:- HEATHER SIMMONS, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3331 RYAN SIMMONS, Defendant : CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 ifI 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. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements made herein are subject to the penalties of 18 Pa. C.S. ~904 relating to unsworn falsification to authorities. 1/2>0 100 Date ~cluunD Heather Simmons Plaintiff ~ ~1\ zc UJ,b', 2t i<::., ~c.,. -<-'V $-<2 ::2. ~ ~ ~ ~~ c::: ~O ~ '~:+\ -0 ~~ :s:. 9. ':. ~ ~ HEATHER SIMMONS, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3331 CIVIL TERM RYAN SIMMONS, Defendant. CIVIL ACTION - DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-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 in 2003, 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. Section :a:drel:~~~OI ~:wom fWsification to aU?il~dffiwJ HEATHER SIMMONS Plaintiff :-...) s~ -.. ~.J -n --I ;T; f:J! '"T~e3 :~~~-; :2(";) ':~: [Ti '::\ C-r.> ~ --... r"...) 0.:) 4') r:'? l"',,) c,;;. .~ HEA THER SIMMONS, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3331 CIVIL TERM RYAN SIMMONS, Defendant. : CIVIL ACTION - DIVORCE ST ATEMENT OF INTENTION TO PROCEED To the Court: Heather Simmons intends to proceed with the above captioned matter. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.e. b~sqUire Attorney ID No. 77944 130 West Church Street Suite 100 Dillsburg, P A 17019 (717) 432-9666 Date: r-26-06 ~ <;? (./) fT'1 -0 N 1..0 -0 :;:.: ~ ::;! .J- :!J f1"' r::: -':3~1 ~S;l; q6 :2- "1'1 (:)f .--, :B'; ::2. <to"> - N HEATHER SIMMONS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3331 CIVIL TERM RYAN SIMMONS, Defendant. CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE I, Jeanette L. Roberts, being duly sworn, deposes and says that she is an adult and that she served the within Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code and Defendant's Counter-Affidavit Under Section 3301(d) of the Divorce Code on the Defendant, at the Defendant's last known address as follows: c/o Celeste Simmons, 5003 SE Lisbon Circle, Stuart, FL 34997 by United States, First Class Mail on the 3rd day of October, 2006. Date: October 3, 2006 WILEY, LENOX, COLGAN & MARZZACCO, P.C. B COMMONWEALTH OF PENNSYLVANIA: : SS COUNTY OF YORK On this, the 3rd day of October, 2006, before me, a notary public, personally appeared Jeanette L. Roberts known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for the purposes therein contained. WITNESS, my hand and notarial seal the day and year aforesaid. -N~~~ My Commission Expir s: - - - - . COMMONweALTH OF PENNSYLVANIA Notarial Seal S. Dawn Gladfelter, Notary Public DiIIsburg Boro, York County My Commission Expires May 17, 2009 Member, Pennsylvania Association of Notaries o f:; s. -0 c." ITH' ~~.F "' ~\:; t...J..' ~'"<: 0'- ~:E ~"i -< ,....., = = C1""' o CI --I I <:,.."1 o -n ~-n me "-0 '.":"':;, -u I:;:i :;'~S-~ ~~ ~ ~ ~ 'E -.l HEATHER SIMMONS, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3331 CIVIL TERM RYAN SIMMONS, Defendant. CIVIL ACTION - 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: 1. Grounds for Divorce: Irretrievable breakdown under Section 330l(d). 2. Date and manner of service of the Complaint: The Defendant accepted service on Julv 10. 2006. an Acceptance of Service evidencine: same was filed with this Honorable Court on Julv 14.2006. 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: _; By Defendant:.-: (b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce Code: September 20. 2006 (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: Filine: Date: September 28. 2006: Service Upon Defendant: October 3. 2006 - an Affidavit of Service was filed with this Honorable Court on October 5. 2006. 4. Related claims pending: There are no related claims pendine: with this Honorable Court. 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 as Exhibit "A": October 24. 2006. U.S. Mail. Postae:e Prenaid. General Deliverv. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce wasfiledwith the Prothonotary: ---i Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary:----: Respectfully Submitted: Date: 11-1 t(-a By: Timothy J. re Supreme Co 77944 130 West Church Street, Suite 100 Dillsburg, P A 17019 (717) 432-9666 (Attorney for Plaintiff) EXHIBIT "A" HEATHER SIMMONS, Plaintiff, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 03-3331 CIVIL TERM RYAN SIMMONS, Defendant. CIVIL ACTION - DIVORCE NOTICE OF INTENT TO REQUEST ENTRY OF ~3301( d) DIVORCE DECREE TO: Ryan Simmons c/o Celeste Simmons 5003 SE Lisbon Circle Stuart, FL 34997 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 9330l(d) affidavit. Therefore, on or after November 13, 2006, 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 LA WYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE STE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NOT FEE. DUPHIN COUNTY LAWYER REFERRAL SERVICE 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-7526 o -n -t :1:1'1 rne ~t~; >~ ~ _:e~,-+.j, ',.- ""1 S: ;-2 ~~fi 1"-' ", ..) .,0'-.0=':.....\(::) ~ S .' 3~20., "'~,.. s.. U1...._ :..c:-l ~'r: , n.4,;:- :r: . ' ," . ... C:,) rn """""- (") s; '"'- ~ = C-'" 0"' ~ 25 -c N N ~; -:ic.. \.D -;::-' cr. ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;to ;f. ;to ;to ;f. ;to ;f. ;f. ;f. ;f. ;to ;to ;f. ;to .... ;f. Of. Of. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. HEATHER SIMMONS, Plaintiff No. 2003-3331 CIVIL TERM VERSUS RYAN SIMMONS. Defendant AND NOW, DECREE IN DIVORCE V~ "z::i ~ IT IS ORDERED AND DECREED THAT HEATHER SIMMONS , PLAI NTIFF, AND RYAN SIMMONS , DEFEN DANT, 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~ ;to ;to ;to Of. ;to;f. ;to;tO;f.;tO;f.;tO;f. Of. ;to ;to "'01; ;f. Of. ;to Of. ;to Of. ;to Of. ;to ;f. Of. Of. ;to ;to '" '" ;to Of. ;to J. -.k ~ ~ ~ '?tf- It--el + r 1~ ~ 1'"P 'frJ-;'-C/ . . . .-., ".', " ". " ..~: ... /:5 ~~