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Home My WebLink About03-3459STEPHEN D. WILLIAMS, Plaintiff KAREN D. WILLIAMS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 6)3- ~t459 CIVIL TERM : 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 STEPHEN D. WILLIAMS, Plaintiff KAREN D. WILLIAMS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE NO FAULT Plaintiff is Stephen D. Williams, an adult individual currently residing at 56 South 18th Street, Camp Hill, Cumberland County, Pennsylvania, where he has so resided since approximately March 2002. Defendant is Karen D. Williams, an adult individual whose current residence is unknown to the Plaintiff, but who is believed to reside in Shippensburg, Cumberland County, Pennsylvania. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on October 20, 1997, in Elkton, Maryland. There have been no other prior actions for divorce or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The pa~ies' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNTII 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. The parties have been living separate and apart since prior to January 2001. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (d) of the Domestic Relation Code. Respectfully submitted, GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: 7 --/?- ~'~' · WILLIAMS, Plaintiff STEPHEN D. WILLIAMS, Plaintiff KAREN D. WILLIAMS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW NO.~D7'~ ~q CIVIL TERM : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER 1~3301{d) OF THE DIVORCE CODE The parties to this action separated prior to January 2001 and have continued to live separate and apart since that time. 2. The marriage is irretrievable broken. I understand that I may lose fights 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 the foregoing document 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 falsifications to authorities. DATE: STEPHEN D. WILLIAMS, Plaintiff VS. KAREN D. WILLIAMS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3459 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE I confirm that I did this ~ 0 day of /7 ~ oxy7~ ., 2003, hand deliver a Complaint in Divorce and Notice To Defend and Claim Rights, an Affidavit Under Section 3301(d) of the Divorce Code, a Counter-Affidavit Under Section 33~1(d) of the Divorce Code and a Notice of Intention to Request Entry of a Divorce Dectee to Defendant, Karen D. Williams, at the following address: (Constabl~ Sworn and subscribed to before me this ~ day of ~ ,2003. Notary Publ~ - STEPHEN D. WILLIAMS, Plaintiff Vo KAREN D. WILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3459 CIVIL 'TERM ORDER OF COURT AND NOW, this 26th day of September, 2003, upon consideration of Plaintiff's praecipe to transmit record, and it appearing that Plaintiff's notice of intent and affidavit under Section 3301(d) of the Divorce Code were served approximately simultaneously, in contravention of the holding in Burdick v. Burdick, 41 Cumberland L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit. BY THE COURT, Bradley L. Griffie, Esq. Attorney for Plaintiff :rc STEPHEN D. WILLIAMS, Plaintiff KAREN D. WILLIAMS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-3459 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this l~f'~Ox~ day of October, 2003, comes Bradley L. Griffie, Esquire, counsel of record for Plaintiff, Stephen D. Williams, and states that a Notice of Intention to Request the Entry of a Decree in Divorce, was forwarded to Defendant, Karen D. Willaims, at 1508 Orrstown Road, Shippensburg, PA 17257, by certified mail, restricted delivery, return receipt requested. A copy of said receipt is attached hereto indicating that service was made on October 9, 2003. ~i~squire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 1701:3 (717) 243-5551 (800) 347-5552 Sworn and subsc[j~.~to befor~ me this ['~ day .of 064q).~' i~, ,2003 ~qOTARY~PUBLIC · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. , 1. Article Addressed to: Date of Delivery address [] Yes If YES, enter delivery address below: [] No Service Type ~i~Certlfied I~l~il [] Express Mail [] Registered Return Receipt for Merchandise [] Insured Mail [] ClO.D. Restricted Deliver? (Ex,re Fee) I~ Yes 2. Article Number PS Form 3811, August 2001 Dorne~tic Return Receipt 102595-O1-M-0381 STEPHEN D. WILLIAMS, Plaintiff KAREN D. WILLIAMS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3459 IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infomtation to the court for entry of a divorce decree: 1. Ground for divorce: 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by personal service (Affidavit of Service signed) on August 3, 2003. 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: by Defendant: (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: July 17, 2003 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Date of filing: July 21, 2003 Date of service: August 3, 2003 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: August 3, 2003 (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in {}3301 (c) Divorce was filed with the Prothonotary: Attorney for .Plaintiff STEPHEN D. WILLIAMS, Plaintiff VS. KAREN D. WILLIAMS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-3459 CIVIL TERM : : CIVIL ACTION - LAW : 1N DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: KAREN D. WILLIAMS, Defendant You have been sued in an action for divorce. Yoa have failed to answer the complaint or file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or before August 27, 2003, the Plaintiff 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. 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. A COUNTER..AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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. Cumbgrland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA, ~TEP~EN D_ W!LLZAMS, Plaintiff VERSUS KAREN D. WILLIAMS. Defendant NO. 03-3459 CIVIL TERM DECREE IN DIVORCE AND NOW, ~DV, Z¢2 DECREED THAT Stephen D. William~ AND Karen D. Williams ARE DIVORCED FROM THE BONDS OF MATRIMONY. , g-~)~>-'>, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICT]ON OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY TH~ COU~T: /~ /1/ -'~ ~ PROTHONOTARY