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HomeMy WebLinkAbout03-4274RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DWORCE : NO. 03- ~]~-]V 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 proper 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 judgement 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 manfage counseling. A list of marriage connselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 AMY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THESE PAPERS 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, Pennsylvania 17013 (717) 249-3166 The Court of Common Pleas of Cumberland Connty is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessibility of 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. RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : NO. 03- /'/.~., '7'/ CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Randall Gayman, by and through his Attorney, the Family Law Clinic, sets forth the following cause of action: 1. Plaintiff is Randall Gayman, who currently resides at 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Barbara Gayman, who currently resides at 148 A Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 17, 1994 at a private residence in Gettysburg, Adams County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since November 5, 2000. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, plaintiffrequests the court to enter a decree in divorce dissolving the marriage. Certified Legal Intern ROBERTE. RAINS LUCY JOHNSTON-WALSH ANNE MCDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to tmswom falsification to authorities. Date: RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 03- t/JTcl/ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Randall Gayman, Plaintiff, to proceed informapauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal services to the party. Respectfully Submitted, Date: Michael Parker Certified Legal Intern THO~I~; PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : C1VIL ACTION - LAW : DIVORCE : NO. 03- 4274 CIVIL TERM AFFIDAVIT OF SERVICE I, Michael Parker, Certified Legal Intern, verify that the Family Law Clinic served a true and correct copy of the §3301 (c) and (d) Complaint in Divorce on Defendant, Barbara Gayman, by placing same in the U.S. Mail, certified number 7000 1670 0001 8782 9974, restricted delivery, return receipt requested, postage prepaid on August 29, 2003, addressed as follows: Ms. Barbara Gayman 148 A Street, Carlisle PA 17013. On September 3, 2003, return receipt no. 7000 1670 0001 8782 9974 was delivered to the Family Law Clinic, bearing the signature of Barbara Gayman and showing the date of service of August 30, 2003. The sender's receipt and return receipt are attached hereto and incorporated by reference. Respectfully submitted, Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 (717) 243-2968 .o,.,.o......... · Complete items 1, 2, and 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 mellpiece, or on the front ~f space permits. A. Received by (P~ase Print Cleedy) Date of Delivery D. Isdaliv~yaddrsss~fromitsm~ [] Yes If YES, enter delivery addr~s below: [] No 4. Restricted Delivery? ~Extra Fee) JESSIE MAE NESMITH, Plaintiff VS. ALEXANDER MCPHERSON, and BERTHA NESMITH, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 03- ¥31 ~ClVm TERM IN CUSTODY PETITION FOR SPECIAL RELIEF Petitioner, Jessie Mae Nesmith, by and through her counsel, Joan Carey and Jessica Diamondstone of MidPenn Legal Services, states the following: Petitioner, the above-named Plaintiff, hereinafter referred to as the grandmother is Jessie Mae Nesmith, residing at 456 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. Respondents am the above-named Defendants, hereinafter referred to as the father, Alexander McPherson, who resides at 425 Bellview Street, Allentown, Lehigh County, Pennsylvania 18102. and the mother Bertha Nesmith, who resides at 456 North West Street, Carlisle, Cumberland County, Pennsylvania 17013. 1. The above-named defendants are the natural parents of the twin girls, Alexandria M. McPherson and Alexus M. McPherson, born November 30, 1991, and Kyrah McPherson born March 8, 1995. 2. By placement of the Office of Children and Youth in Lehigh County, and by mutual agreement of the mother and father, they have agreed to the grandmother's custody of the children. From birth until June 2003, Alexandria and Alexus McPherson lived with their grandmother and were visited by the father a total of three times. Kyrah McPherson has been in the grandmother's custody since 1995 and before that time had been in the custody of the paternal grandmother since birth. She has been visited by the father a total of three times in the past four years. 3. The father took Alexandria, Alexus and Kyrah for a visit in June 2003 and refuses to return them. 4. The father is not acting in the children's best interest for reasons including, but not limited to, the following: a) Taking them for a visit and refusing to return them. b) Moving them away from familiar surroundings including, but not limited to their home, their schools, church, family and friends. c) Preventing the children from resuming attendance at their schools in August 2003. To the best of Plaintiff's knowledge, the children have not resumed attendance at any school. 5. The grandmother is the person who can best provide for the children for reasons including, but not limited to, the following: a. The grandmother is presently able to provide for the children by giving the children a nurturing environment and providing for their emotional, physical, medical and educational needs. b. The children were registered and had expected to resume classes in the Carlisle School District on August 25, 2003. c. The grandmother can provide a stable home environment for these children. The grandmother requests that the Court grant primary physical and legal custody of the children to her and prohibit the father from taking the children out of Cumberland County. WHEREFORE, Petitioner respectfully requests the following: a. That the Court immediately grant custody to the grandmother. b. That the Court prohibit the father from removing the children from Cumberland County Pennsylvania. Petitioner also requests any other relief this court deems just and proper. Respectfully submitted, Jessica Diamondst6fie Attorneys for Plaintiff/Petitioner MidPenn Legal Services 8 Irving Row Carlisle, PA 17013 VERIFICATION The above-named Plaintiff, Jessie Mae Nesmith, verifies that the statements made in the above Petition are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: ~// ~//O ~5 c.~'~.~.4_~ ?y Jessie Mae Nesmith, Plaintiff SEP 0 5 7003 JESSIE MAE NESMITH, Plaintiff VS. ALEXANDER MCPHERSON And BERTHA NESMITH, Defendants : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03- 't ~ a ~,/ CIVIL TERM : CUSTODY ORDER OF COURT ~'~ 4~- '~'""['~" ' 'in of the Petition For AND NOW, this ~ day of ~ s 2003, upon consioerat o Special Relief, the following order~s entered regarding custody of Alexandria M. McPherson bom November 30, 1991, Alexus M. McPherson bom November 30, 1991, and Kyrah Mceherson bom March 8, 19951 o.. ~ .Ol~[-,,o"*~.~ ' ~y,~-,.t,~-~' ./~ " n three hnl~re nfenooi~t ofthle nrcl~-- Aicxax~d~l IvluT-i~t~un shall De enjolnea lrom removing me dfild from Joan Carey, Attorney at Law Jessica Diamondstone, Attorney at Law MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW DIVORCE : NO. 03- 4274 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served a Counter-Affidavit and a Notice of Intention to Request Entry ora Divorce Decree on Barbara L. Gayman on~l~:~ by first class United States mail, at the following address: Barbara Gayman 148 A Street, Carlisle PA 17013. Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : NO. 03- 4274 CIVIL TERM AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE a. The parties to this action separated on November 5, 2000 and have continued to live separate and apart for a period of at least two years. b. The marriage is irretrievably broken. c. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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: /0 "/~- 0,~ Randall Gayman, Plaintiff RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant : IN THE COURT OF COI~dVION PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW DIVORCE : NO. 03- 4274 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served the Plaintiff's Affidavit under Section 3301 (d) of the Divorce Code on Barbara L. Gayman on/~//~--/~ -4 , by first class United States mail, at the following address: ~ ' Barbara Gayman 148 A Street, Carlisle PA 17013. Date:/fi//~/[)._~ Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW DIVORCE : NO. 03- 4274 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served a Counter-Affidavit and a Notice of Intention to Request Entry of a Divorce Decree on Barbara L. Gayman on ~/~ ~aaC'by first class United States mail, at the following address: Barbara Gayman 148 A Street, Carlisle PA 17013. Date: Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 03- 4274 CIVIL TERM AFFIDAVIT UNDER SECTION 3301 (d) OF TttE DIVORCE CODE The parties to this action separated on November 5, 2000 and have continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree 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. RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : NO. 03- 4274 CIVIL TERM ~2ERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served the PlaintiWs Affidavit under Section 3301 (d) of the Divorce Code on Barbara L. Gayman on/d,/?~,/) ~ , by first class United States mail, at the following address: Barbara Gayman 148 A Street, Carlisle PA 17013. Date: t/ff// ~/~.~ ~ Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant To the Prothonotary: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : NO. 03- 4274 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Please transmit the record, together with the following information, to the court for entry of a divorce decree: a. Ground for divorce: irretrievable breakdown under Section 3301 (d)(1) of the Divorce Code. b. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete by certified mail return receipt signed by Barbara Gayman on August 30, 2003. c. Date of execution of the affidavit required by § 3301(d) of the Divorce Code: September 26, 2003. Date of filing and service of the Plaintiffs affidavit upon the respondent: October 17, 2003. d. Related claims pending: None Date and manner of service of the Notice of Intention to File Praecipe a copy of which is attached: On November 10, 2003 by first class United States mail. Date: Michael Parker Certified Legal Intern ROBERT E. RAINS THOMAS M. PLACE Supervising Attomey LUCY JOHNSTON-WALSH Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : DIVORCE : NO. 03- 4274 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: Barbara L. Gayman You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after November 30, 2003, the other party 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. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. 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. 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 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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 h.ours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : DIVORCE : NO. 03- 4274 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER §3301 (d) DF THE DIVORCE CODE Check either (a) or (b): ( ) (a) I do not oppose the entry of a divorce decree. () () () (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): () (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. () (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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 Barbara L. Gayman NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF. YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. RANDALL L. GAYMAN, Plaintiff BARBARA L. GAYMAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE NO. 03- 4274 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served a Counter-Affidavit and a Notice of Intention to Request Entry of a Divorce Decree on Barbara L. Gayman on first class United States mail, at the following address: Barbara Gayman 148 A Street, Carlisle PA 17013. Date: Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 , by RANDALL L. GAYMAN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BARBARA L. GAYMAN, Defendant : CIVIL ACTION - LAW : DIVORCE : NO. 03- 4274 CIVIL TERM .CERTIFICATE OF SERVICE I, Michael Parker, hereby certify that I served a Praecipe to Transmit the Record and Vital Statistics form on Barbara Gayman on /2- $- O ~ , by first class United States mail, at the following address: Barbara Gayman 148 A Street Carlisle, PA 17013 Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17103 (717) 243-2968 Fax: (717) 243-3639 IN The COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. RANDALL L. GAYMAN Plaintiff VERSUS BARBARA L. GAYMAN Defendant PLEAS N o. 2003 4274 DECREE IN DIVORCe AND NOW, ~O~5%1T IS ORDERED AND DECREED THAT RANDALL L. GAYMAN ,PLAINTIFF, BARBARA L. GAYMAN AND ,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 PROTHONOTARY