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HomeMy WebLinkAbout99-07372 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ? la J •. ?. LYNNEA GILBERT, Plaintiff No. 99-7372 CIVIL TERN VERSUS GERALD E. GILBERT, DECREE IN DIVORCE AND NOW, N%,? b ?. IT IS ORDERED AND DECREED THAT LYNNEA GILBERT , PLAINTIFF, AND GERALD E. GILBERT 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 \B`\EE?iNN ENTERED; Yd- BY THE COURT: ATTEST: ^ ' ^ i ROTHONOTARY t r w• .. ?• ? ?? ? .. . Lynnea Gilbert, Plaintiff VS. Gerald E. Gilbert, Defendant In The Court of Common Pleas Cumberland County, Pennsylvania No. 99-7372 Civil Term 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. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: December 20, 1999 by U. S. Certified Mail with return receipt requested, signed by the defendant. 3. Date of execution of the affidavit of consent as required by Section 3301(c) of the Divorce Code: by plaintiff April 6, 2000; by defendant April 29, 2000. 4. Related claims pending: none. 5. Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: May 4, 2000. 6. Plaintiff's Social Security number is 192-58-7657. 7. Defendant's Social Security number is 159-60-0070. DATE: `J ?a Co ? II L11,? ?C4 A- RN Y I-OR PLAINTIF- ELIZA\BECEI G. SIMCOX, ESQUIRE I.D. No. 83224 WIDENER UNIVERSITY SCI'IOOL OF LAW HARRISBURG CIVIL LAW CLINIC 3805 VARTAN WAY P.O. Box 69382 HARRISBURG, PA 17106-9382 TEL. (717) 541-1961 11 l 1 ? I•' tl I tl E Lynnea Gilbert, Plaintiff VS. Gerald E. Gilbert, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania No. 22 - 7372- &44,. P T<.-- 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 Court Administrator at the Cumberland County Courthouse. 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. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6100 Lynnea Gilbert, Plaintiff VS. Gerald E. Gilbert, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania No. ?i9 737 tic ??.? : 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 Court Administrator at the Cumberland County Courthouse. 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. Court Administrator 4th Floor Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6100 LYNNEA OILBERT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. g? - 'r?'!lC?tL,tT VS. GERALD E. GILBERT, DEFENDANT IN DIVORCE _ ^INT UNDER cEMN 3301(cl OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Lynnea Gilbert, who currently resides at 40 Tory Circle, Enola, PA, 17025, since December 1993. 2. Defendant is Gerald E. Gilbert, who currently resides at 6 Lewisberry Road, Lot 24, New Cumberland, PA, 17070, since August 1999. 3. Lynnea and Gerald Gilbert have been bona fide resident in the Common- wealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on June 10, 1989 at Harris St. United Methodist Church, Harrisburg, PA. 5. Plaintiff avers that there children of the parties under the age of 18, namely: Sean Gilbert, 8 years old Brandon Gilbert, 5 years old. 6. The defendant is not in the military or naval services of the United States or its allies, or is otherwise within the provisions of the Soldiers and Sailors Civil Relief Act of Congress of 1940 and its amendments. There have been no prior actions of divorce or for annulment between the parties. 8. Plaintiffs Social Security Number is 192-58-7657. 9. Defendant's Social Security Number is 159-60-0070. 10. The marriage is irretrievably broken. 11. 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. 12. 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. DATE: ) 7 /rl% LYNNLA GILBERT PLAINTIFF CATHERINE A. DOLAN CERTIFIED LEGAL INTERN cv UPERVISING ATTORNEY J. PALMER LOCKARD II I. D. # 33681 WIDENER UNIVERSITY SCHOOL OF LAW HARRISBURG CIVIL LAW CLINIC. 3805 VARTAN WAY, P.D. BOX 69382 HARRISBURG, PA 17106-9382 (717) 541-1961 L' Lynnea Gilbert, Plaintiff VS. Gerald E. Gilbert, Defendant : In the Court of Common Pleas : Cumberland County, Pennsylvania No. 99-7372 Civil Term :In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. 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. 1 , DATE '-\\(A by _ ??,n?t ^I la^ ti Lynne filbert, Plaintiff Lynnea Gilbert, Plaintiff VS. Gerald E. Gilbert, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania No. 99-7372 Civil Term In Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on October 19, 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. 1 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 herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. DATE Lynne ilbert, Plaintiff Lynnea Gilbert, Plaintiff VS. Gerald E. Gilbert, Defendant : In the Court of Common Pleas : Cumberland County, Pennsylvania No. 99-7372 Civil Term In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. 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. 3. 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. 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 00 .'aQ '91-i'Ll Gerald E. Gilbert, Defendant Lynnea Gilbert, : In the Court of Common Pleas : Cumberland County, Pennsylvania Plaintiff No. 99-7372 Civil Term. VS. Gerald E. Gilbert, Defendant : In Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on October 19, 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. 1 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 herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. DATE c? 0 0 - ?hon 4.Q. ZC A1ZkJGeaZ Gerald E. Gilbert, Defendant Lynnea Gilbert, : In The Court of Common Pleas Plaintiff : Cumberland County, Pennsylvania No. 99-7372 Civil Term VS. Gerald E. Gilbert, Defendant In Divorce RETURN OF 4FRVICF The undersigned makes the following return of service: A Complaint in Divorce was mailed to defendant, Gerald E. Gilbert, on December 15, 1999 at 5:00 p.m. o'clock at Harrisburg, Dauphin County, Pennsylvania. --?L The signed receipt is attached hereto. The mail, refused and returned, is attached. A copy mailed to the defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I verify that the statements made in this affidavit and return of service 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: 2 CSO di b?,1 ?x Elizabe h G. Simcox, Esq. 'p .. -.. ....__. .. -._._ ......,_..... .. ..... ti SENDER: -32 Complete items 1 and/or 2 for additional services. I • Complete items 3, and as & b. 1 also wish to receive the following services (for an extra m Q t •m, Print your name and address an the reverse of this torn so that we can fee): Z p? 0 return this card to you. m • Ansch this form to the front of the maiipiece, or on the beck It space 1. ? Addressee's Address y If `• does not permit. m Write "Return Receipt Requested" on the msilplece below the article number d the dste d d li 2. Restricted Delivery « J? Gy op / ? vere e • The Return Receipt will show to whom the article was delivered C an Consult Postmaster for fee. . . O t, . o v 3. Article Addressed to: / ? G ? l W 4e. Article Number z y s?P -1f 'FIff CC Q m 6 r . a 6Cr-4I c E O Rd S 4b. Service Type Registered ? Insured ? ¢ . W r` r u ?.e w %s ?, W/Certified ? COD 5 j y ?•? f y / (? iJ ` - ? Express Mail ? Return Receipt for Merchandise C a •, pQ /f „? ?.?.•. `? a 4 Y e • a N 7. Date of Delivery fy ,1 DEC 2 O ft -199 Q /767P >: z is 5. Signature (Addr seal B. Addressee's Address (Only if requested P f- r and fee Is Peid) m + s' ture (A e Si 6 g? p 3 . ? r , Dee bar 1991 sus.ePO:toss--352at4 DOMESTIC RETURN RECEIPT > PS F rm 3 1?7 , P: ?,. r I LYNNEA GILBERT, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA PLAINTIFF NO. 99 - 7372 VS. GERALD E. GILBERT, DEFENDANT IN DIVORCE PRAECIPE TO PROCEED INFORMA PAUPERIS To The Prothonotary: Kindly allow Lynnea A. Gilbert, Plaintiff, to proceed in forma pauperis. I, Catherine A. Dolan, Certified Legal Intern for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: Catherine A. Dolan Certified Legal Intern S Palmer Lockard 11, Esquire I.D. No. 33681 Widener University School of Law Harrisburg Civil Law Clinic 3805 Vartan Way, P.O. Box 69382 Harrisburg, PA 17106-9382 (717) 541-1961 J) ?Cr , CU;. - ; `, :-; Lynnea Gilbert, Plaintiff VS. Gerald E. Gilbert, Defendant In the Court of Common Pleas Cumberland County, Pennsylvania No. e79. '724-7- C?«( 7'?- In Divorce PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO THE HONORABLE JUDGES OF SAID COURT: The Petitioner, Lynnea Gilbert, residing at 40 Tory Circle, Enola, Cumberland County, Pennsylvania, upon her oath deposes and says: 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting or defending the action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and correct: (a) Name: Lynnea Gilbert Address: 40 Tory Circle, Enola, PA 17025 ,. Social Security Number: 192-58-2657 (b) Employment If you are presently employed, state: Employer: Capital Blue Cross Address: 2500 Elmerton Ave., Harrisburg, PA 17110 Salary or wages per month: $1,100. Type of work: Customer Service Representative If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: $0 Other self-employment: $0 Interest: $0 Dividends: $0 Pension and annuities: $0 Social security benefits: $0 Support payments: $550.00/mo. Disability payments: $0 Unemployment compensation and supplemental benefits: $0 Workman's compensation: $0 Public assistance: $0 Other: $0 (d) Other contributions to household support Husband Name: Gerald Gilbert If your husband is employed, state: Employer: Bethany Village Retirement Center Salary or wages per month: Type of work: Security Contributions from children: $0 Contributions from parents: $0 Other contributions: $0 (e) Property owned Cash: $0 Checking Account: overdrawn Savings Account: $0 Certificates of Deposits: $0 Real Estate (including home): $89,000 Motor vehicle: Make: Honda, Year- 1995, Cost $15,000 Amount owed $9,000 Stocks; bonds: $0 Other: $0 (f) Debts and obligations Mortgage: $750./mo. Loans: $300.1mo; $200./mo. Other: (g) Persons dependent upon you for support Husband Name: Children, if any: Name: Sean Gilbert, Age: 8 years Brandon Gilbert, Age: 5 Years Other Persons: Christopher Hall, Age: 16 years ) I 4. 1 understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 1 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 i i DATE: / Z 7 9 Petitioner i ??C . OI!C / upervising Att6rney J. Palmer Lockard, Esquire I.D. #33681 Widener University School of Law Harrisburg Civil Law Clinic 3700 Vartan Way, P.O. Box 69382 Harrisburg, PA 17106-9382 (717) 541-1961 4. understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred 5. herein. 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: /Z- 71J ' i. o , X Rw /f Petitioner upervising Att6rney J. Palmer Lockard, Esquire I.D. #33681 Widener University School of Law Harrisburg Civil Law Clinic 3700 Vartan Way, P.O. Box 69382 Harrisburg, PA 17106-9382 (717) 541-1961 ?:;;?A9Y ;t h: 1 It r IN THE COURT 01" COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff VS. File No, IN DIVORCE D7 efenda t 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 day ofN'. Ma , " x000 the , hereby elects to resume the prior. surname of ll this written notice , and gives pursuant to the provisions of 54 P.S. S 704. DATE: -? c-? ---?- -?vtr.t?J Signature??- aignr-namcbelng resumed COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. On the /0 day o be f Cary Public, persona l.l.y be the a pp acn person whose nanic i.s ub- cr acknowledged that he/she axe ut: d? therein contained. , 061, before me, a veaffi.ant known to me to the within document and going fo?Lhe pose seal.. Cn Wil:ness Wher'cor, I have' Cn sal/rtY 1/,Vd and/oEi.c Notary qn pI N011n01 _. Susan L. LernasonsNOfary Publlc MOOhenlcspurg BOm, Cu ' My Commisston EzplresnFeb. ? Counly'. Member, Penn;ylvarw Agsaelgll 2002 EAWL+4.1.. . _. ?-- _f? O L -' _ i __ ? -?[ ? I! `J ? ^ v? ? i-?+.+w,.t. hu???