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HomeMy WebLinkAbout99-06648 41 0 :O:• •:0:• •:0:• •:O: •:0:• :O: ti0:- •:A: W• :0: :0: •:0: L0:• •:Ai :O:• •Y:' •:A: !4: i0:`_`?.?.?_:?:^:04'`Y? :O:•..•:0: CO: •:£• -:A•::LA•:/7 f? 'r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. STATE OF ate,-', r'?A5 r' GREGORY T. SMITH, Nu99_6648 CIVIL X" No. PLAINTIFF F, \ or>u ALICE P. SMITH, jyl ;e, o DEFENDANT S1 1f )1p O? 1• 1 DECREE tow •'l? ® 1 V ® R Lr L. 0 AND NOW, ...........lj.?'?... ?. xn. zooo, it is ordered and ° GREGORY .T.. SMITH . . ........... . Plaintiff, I decreed that ALICE P., SMITH ............... defendant, and ................................ ., 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 1•°• been entered; NONE ................................................................. ;s .................................................. ?e f :. L' v T c Cot r t ,y Attest J. Prolhono %o? •?:• •:e:• <°i <?:• <?:• :?:• •:?> ?e: !°: •:e> s; ?:e:._.A: ?:Aj <A: •s; {q ;a <sy ?:°: s; :e: <e:? :?: •:e: {°:• «> LA:? •:e> y d cr dee ,rl - ?f•?7C"C? L`ic GCU /sc,eti(/1?/ GREGORY T. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Vs. : CIVIL ACTION -LAW ALICE P. SMITH, NO. 99-6648 Defendant IN 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. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service on November 11, 1999. 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 on April 4, 2000; and Defendant on March 30, 2000. B. (1) date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) date of service of the Plaintiffs Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301(d)(1)(i) of the Divorce Code: None served as the parties signed the Waiver of Notice. (Defendant on March 30, 2000 and Plaintiff on April 4, 2000). Respectfully submitted, %7 44a Michael A. Scherer, Esquire Attorney for Plaintiff, Gregory T. Smith GREGORY T. SMITH, Plaintiff V. ALICE P. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVILTERM CIVIL ACTION-LAW 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone: (717) 249-3166 GREGORY T. SMITH, Plaintiff V. ALICE P. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Gregory T. Smith, an adult individual who presently resides at 1201 South Courthouse Road, Apt. 725, Arlington, Virginia. 2. Defendant is Alice P. Smith, an adult individual who presently resides at 517 Highland Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 19, 1996 in Philadelphia, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. Plaintiff avers that the marriage between the parties is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II - DIVISION OF PROPERTY 8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above. 9. The parties have acquired automobiles, bank accounts, home furnishings and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. #61974 Date: November 3, 1999 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 c/divorce/smith.com VERIFICATION I verify that the statements made in the foregoing 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. Gregory T. Smith 611 ?/ DATED: OGL /S, /919 "1 GREGORY T. SMITH, Plaintiff V. ALICE P. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6648 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on November 3, 1999. 2. The marriage of the 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 in divorce without notice. 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. 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. 6. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 4904 relating to unsworn falsification to authorities. Date: y Zc? Gregory T. Smith ., F? J J GREGORY T. SMITH, Plaintiff V. ALICE P. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6648 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on November 3, 1999. 2. Defendant acknowledges receipt and accepts service of the Complaint on November 16, 1999. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 4904 relating to unsworn falsification to authorities. /%? /1 ?ti? c r Date: Alice P. Smith = .., -- ?' . -- -_ .?>? ?- =; ,, ; ?? ?; __ GREGORY T. SMITH, Plaintiff V. ALICE P. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6648 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this day of November, 1999, I, Alice P. Smith, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. Alice P. Smith _. GREGORY T. SMITH, Plaintiff V. ALICE P. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. 99-6648 CIVIL TERM CIVIL ACTION-LAW 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 counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone: (717) 249-3166 GREGORY T. SMITH, Plaintiff V. ALICE P. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-6648 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AMENDED COMPLAINT UNDER SECTIONS 3301(C) AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Gregory T. Smith, an adult individual who presently resides at 1201 South Courthouse Road, Apt. 725, Arlington, Virginia. 2. Defendant is Alice P. Smith, an adult individual who presently resides at 517 Highland Court, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 19, 1986 in Philadelphia, Pennsylvania. COUNT I -DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. Plaintiff avers that the marriage between the parties is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II - DIVISION OF PROPERTY 8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above. 9. The parties have acquired automobiles, bank accounts, home furnishings and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Date: 12.2. qet 4?4' 4? Michael A. Scherer, Esquire I. D. #61974 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 m a s. d i rld o m e s t i c/divorce/smith 2. c o m VERIFICATION I verify that the statements made in the foregoing 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. regory T. Smith DATED: 3 / 9 i;?