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HomeMy WebLinkAbout03-3357TONYA L. CLOUSE-GELBAUGH, Plaintiff VS. JUSTIN A. GELBAUGH, Defendant IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA No. C,2 ' 7 ACTION IN DIVORCE Civil Term 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. 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 RIGHT TO 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 GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 TONYA L. CLOUSE-GELBAUGH, Plaintiff VS. JUSTIN A. GELBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA : No.--~,-~- ~$~5"7 Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Tonya L. Clouse-Gelbaugh, a competent adult individual, who has resided at 151 Oxford Road, Gardners, Cumberland County, Pennsylvania, for the past twenty-two years. 2. Defendant is Justin A. Gelbangh, a competent adult individual, who currently resides at 202 Forge Road, Boiling Springs, Cumberland County, Pennsylvania. 3. Plaintiffand Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiffand the Defendant were married on May 11, 2002 in Gardners, 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 plaintiffmay have the fight 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 Plaintiffor 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, Plaintiffrequests the court to enter a decree in 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 unsworu falsification to authorities. louse-Gelbaugh, Plainti~ Date: Respectfully submitted, (7 l 7) 245-8508 ATTORNEY FOR PLAINTIFF TONYA L. CLOUSE-GELBAUGH, Plaintiff VS. JUSTIN A. GELBAUGH, Defendant IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA No. ~X~ -33 7 Civil Term ACTION 1N DIVORCE NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: X prior to the entry of a Final Decree in divorce. OR __ after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of CLOUSE and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. s704. Date: L. CLOUSE-GELBAUGH, t~rmer name. Signature of Name being resumed. COMMONWEALTH OF PENNSYLVANIA ) )~SS COUNTY OF CUMB.EP~AND,.../~ ~ ) On this, the/~/' day of ~,~/~A~.~__~ ,2003 before me, the undersigned officer, personally appeared TONYA L. CLIJUSE/IYg, NYCr-L. CLOUSE-GELBAUGH personally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. ~, ~_ pj~ub~d official IN WITNESS WHEREOF, I here)u!to set my han lic · ....... · '*'" 'i '' ;' TONYA L. CLOUSE-GELBAUGH, Plaintiff VS. JUSTIN A. GELBAUGH, Defendant IN THE COURT OF COMMON PLEAS COUNTY, PENNSYLVANIA No. 03 - 3357 CivilTerm : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this July 17, 2003, I, Jane Adams, Esquire, hereby certify that on July 16, 2003, a certified true copy of the NOTICE TO DEFEND and COMPLAINT 1N DIVORCE were served, via certified mail, restricted delivery, return receipt requested, addressed to: Justin Gelbaugh 202 Forge Road Boiling Springs, Pa. 17007 DEFENDANT Respectfully Submitte~/,~ [I.E .~o. 79465 (717) 245-8508 ATTO~EY FOR PLA~TIFF · Complete items 1, 2, and 3. Also complete E3 Agent item 4 if Restricted Delivery is desired. · . Print your name and address on the reverse Date of DeliveP/ we can return the card to you. so that .... ,-^ ~ack of the maiipiece, . Attach th,s caro to ..... O. ,s de,ivery address d'fferent or on the front if space permits. ii YES enter deliver~ address below: I ~ tnsured Mail I--I C.O.D. a410 0007 6500 9603 Sender: Please pti ~ ~ oe.~e.-. ~.~ ~r~.~e, .d~ b JANE ADAMS ATTORNEYATLAW ~6 S. HTTSTREET CARLI~.E,R~ 1701~ TONYA L. CLOUSE-GELBAUGH, Plaintiff VS. JUSTIN A. GELBAUGH, : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA : : No. 03-3357 Civil Term : : ACTION IN DIVORCE Defendant : AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 14, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety days have elapsed from the date of the 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. 1 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Tonya L. ~ouse, Plaintiff WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER §3301¢c) AND §3301(d) OF THE DIVORCE CODE 1. I consent to 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 ill do not claim them before a divorce is granted. 3, I undemtand 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: Tonya L.fflouse, Plaintiff TONYA L. CLOUSE-GELBAUGH, Plaintiff vs. JUSTIN A. OELBAUGH, Defendant : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA : No. 03 - 3357 Civil Term ACTION 1N DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 14, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date &the filing and service of the Complaint. 3. I consent to the entry cfa final decree of divorce after service ofnotiee of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~330He) AND §3301(d) OF THE DIVORCE CODE 1. I consent to entry cfa 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 1 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 herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Ju~bauOgh, D~- TONYA L. CLOUSE-GELBAUGH, Plaintiff VS. JUSTIN A. GELBAUGH, : IN THE COURT OF COMMON PLEAS : COUNTY, PENNSYLVANIA : : No. 03-3357 Civil Term : : ACTION 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. 2. Date and manner of the service of the Complaint: Delivered by certified mail, restricted delivery, return receipt requested, delivered on: July 16, 2003. 3. Date of execution of the affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: February 16, 2004. By Defendant: February 13, 2004. 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 17, 2004. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: February 17, 2004. .... ~,Respect fully Submitted: Date: c~'-"/ 7-- OL~/ ~'~~~-'~'~ ,// Ja~e Adams, Esquire / I,t). No. 79465 // ~6 S. Pitt Street ~ Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS STATE OF Tonya L. Clouse-Gelbaugh, Plaintiff OF CUMBERLAND COUNTY ~~ PENNA. NO. No. 03 - 3357 Civil Term VERSUS Justin A. Gelbaugh, Defendant DECREE IN DIVORCE AND NOW, (~(~L , ( ~ Tonya L. Clouse DEGREED THAT AND Justin A. Gelbaugh , dGo(, IT IS ORDERED AND _, PLAINTIFF, ,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; None.