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HomeMy WebLinkAbout07-3771 JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. D7 - 3 771 &e u L T iia-'wi TRACY L. LAMBERT, Defendant IN DIVORCE NOTICE 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 also 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, High and Hanover Streets, Carlisle. IF YOU SO 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 LAWYERAT 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 Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law : No. 07- 2'17/ e, ,, r,-. : IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, James Lambert, Jr., by and through his JAMES LAMBERT, JR., Plaintiff V. TRACY L. LAMBERT, Defendant counsel, Michael J. Whare, Esquire and avers as follows: 1. Plaintiff is James Lambert, Jr., an adult individual, who currently resides at 3640 Hwy. 231, Lacy's Springs, Alabama. 2. Defendant, is Tracy L. Lambert, an adult individual, who currently resides at 111 '/z Pine Street, Mt. Holly Springs, Cumberland County, Pennsylvania. 3. Defendant has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 29 2004, in East Petersburg, Lancaster County, Pennsylvania and separated on or about May 7, 2007. 5. There have been no prior actions of divorce or annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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 requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: & elf, O"7 Respectfully submitted, Michael I Whare,^uire Attorney for Plaintiff 3 7 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 (717) 243-3561 VERIFICATION 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 4? ames Lamb , Plaintiff (ki t C ° pri ?? N n JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law TRACY L. LAMBERT, Defendant No. 07-3771 IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 1, 2005 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 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 unswom falsification to authorities. Date: - `, 1?qles Lam eft, Jr., Plaintiff cxa E?? t-- ?? f. ;?? ? .-4 . v? ? ?`'-? ?. ! ? Y k, vr. a '.-w I JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-3771 TRACY L. LAMBERT, Defendant IN DIVORCE NOTICE 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 also 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, High and Hanover Streets, Carlisle. IF YOU SO 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 LAWYERAT 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 Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-3771 TRACY L. LAMBERT, Defendant IN DIVORCE AMENDED COMPLAINT UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff; James Lambert, Jr., by and through his counsel, Michael J. Whare, Esquire and avers as follows: Plaintiff is James Lambert, Jr., an adult individual, who currently resides at 3640 Hwy. 231, Lacy's Springs, Alabama. 2. Defendant, is Tracy L. Lambert, an adult individual, who currently resides at 494 Frogtown Road, Pequea, Lancaster County, Pennsylvania 17565. 3. Defendant has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 29 2004, in East Petersburg, Lancaster County, Pennsylvania and separated on or about February 1, 2005. 5. There have been no prior actions of divorce or annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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 requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: -/6-D7 Respectfully submitted, Michael J. Whare, squire Attorney for Plaintiff 37 East Pomfret Street Carlisle, PA 17013 Supreme Ct. Id No. 89028 (717) 243-3561 JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-3771 TRACY L. LAMBERT, Defendant IN DIVORCE VERIFICATION 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 unworn falsification to authorities. Date: o -7 ' - -4 d.,. , es Lambert, Jr., PlainJW `sue Ai c-n -` JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-3771 TRACY L. LAMBERT, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 22, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unworn falsification to authorities. Date: r?' /"" Otn-t 'J_ es Lambert, Plaintiff C) ° -n rrLL CO y C ro 3-5 JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : Civil Action- Law : No. 07-3771 TRACY L. LAMBERT, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 if I 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. 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:,)` D es Lambert, Plaintiff f_'? ??, .? ; t? ,qlf '? ?> . ; ::s ?= JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law : No. 07-3771 TRACY L. LAMBERT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 22, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated Trac ert, Defendan t ?, ??rs JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law No. 07-3771 TRACY L. LAMBERT, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 if I 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. 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: O1 s) 6 Trac L ert, Defendant CP r ' 1 5 JAMES LAMBERT, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : Civil Action- Law TRACY L. LAMBERT, Defendant No. 07-3771 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Filed June 22, 2007, was served on the Defendant by certified mail, endorsed restricted delivery-return receipt requested and signed on June 27, 2007 (attached hereto as proof of service). 3. Date of execution of the Affidavit of Consent required by § 3301 (c) of the Divorce Code: by the Plaintiff on February 12, 2008; by the Defendant on January 31, 2008. 4. Related claims pending: None. 5. (b) Date Plaintiff's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: February 14, 2008. W W Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: February 14, 2008. Respectfully submitted, Date: 0 --? $ ??X t, /-t Michael I Wh e, Esquire 37 East Pomfret Street Carlisle, Pa 17013 (717) 243-3561 Supreme Court ID # 89028 Attorney for Plaintiff 71, i' 1 C1a JAMES LAMBERT, JR., Plaintiff V. TRACY L. LAMBERT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law No. 07-3771 IN DIVORCE PROOF OF SERVICE omplete items 1, 2, and 3. Also complete em 4 if Restricted Delivery is desired. °rint your name and address on the reverse ;o that we can return the card to you. Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: I t ?'?a p ? ne S?cee?' ?? . ?a-,s11? 5a<i ?5s ?-?ot?s A. (P#nted Alarrle) j C. D. Is delive f address different from item IWO Y& If YES, enter delivery address below: >"INlo 3. Service type fi Certified Mall 13 &prses Mail O Registered ® Return Receipt for Merchandin 13 Insured mail ? C.O.D. v 4. Restricted Delivery? (Extra Fee) pp Yea 2. Article Number (rmnsfer from service label) 710, oaab 000 Dcab u 4 PS Form 3811, February 2004 Domestic Return Rsosipt 102595-02-M.1540 .,.,, ?? ' ._rT J.? ---t ?,???? -? ?. , ?,: N t =? C1? `-- C !;? C+ ^t,.e C , ?'? ?. .3?. ?• ,_ ,? ? ?.?"` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. VERSUS Tk&(--Y L.. LamEa : DEF97NnAt-r No. aCP-7 -3-7-11 CivzL rEp, DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT 7AmES L-AmAERT- . To. , PLAINTIFF, AND 1 n y L, L-,d#i8 RT- 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; E PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, rr PENNSYLVANIA Plaintiff Vs File No. <:;?00 7 / ? L L OL ? 6-v- 4- IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff / defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or x after the entry of a Final Decree in Divorce datedC? ',2 G , hereby elects to resume the prior surname of ? ; SS a-1 I , and gives this written notice avowing his / her intention pursuant to the provisions of 54 V.S. 70 . Date:C3 2 Signature i e of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF G&-m b e rl a 4 a( On the day of M a rc?k , 200 g, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL PROTHONOTARY, NOTARY PUBLIC CARLISLE CUMBERLAND COUNTY COURTHOUSE MY COMMISSION EXPIRES JANUARY 4, 2010 Prothonotary or Notary Public -/f c J .sy W v C' 4a ? A v„? C -= V 1 Alto ca ) 9 ?.G