Loading...
HomeMy WebLinkAbout07-5204w GILBERT G. SMITH Plaintiff v. AUDREY W. SMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE No. ~7' S~a'- D~ ~ ~ ~~ 1 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 aze 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 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, Cumberland County Courthouse, One Courthouse Squaze, Cazlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' 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 Baz Association 32 South Bedford St. Cazlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 GILBERT G. SNIITH IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA v. AUDREY W. SMITH CIVII. ACTION -LAW Defendant IN DIVORCE N ~ ` ~ ~ _ S ~ 0 COMPLAINT 1. Plaintiff is Gilbert G. Smith, who currently resides at Lot #20 4201 Gettysburg Road, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is Audrey W. Smith, who currently resides at 24 Wayne Avenue, New Cumberland, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 21, 1996. COUNT I -DIVORCE 5. Pazagraphs 1 through 4 of this Complaint aze incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. • w 7. Divorce is sought pwsuant to the provisions of the Divorce Code, § 3301(c), and 3301(d), in that: a. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. Respectfully Date: ~" 3~ ` ~/ Andrew H. Shaw, Esquire PA Sup. Ct. ID# 87371 200 S. Spring Garden Street, Suite 11 Cazlisle, PA 17013 717-243-7135 Attorney for Plaintiff VERIFICATION I, Gilbert G. Smith verify that the statements made in this Complaint aze true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. ~ ~ Date: (~ ~ . Gilbert G. Smith Gq ~ ~ (/~ V.1 ~ w ~~ ~ ~ s ~ F (~ ", C" c~ c~ O K:. -..., ~ i ,-; ; ;wra. --~ r~ { ;= ~ ~ ~ c W ~? ~'' ~C~ ~ . ~ ->~ :c:_. •- t T , GILBERT G. SNIITH Plaintiff v. AUDREY W. SNIITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE No. 07-5204 PROOF OF SERVICE I, Andrew H. Shaw, Counsel for the Plaintiff, David B. Fetchen, hereby certify that a true and correct copy of the Divorce Complaint in the above captioned case was served upon Defendant via Certified First Class Mail on September 1, 2007. A copy of the signed receipt is attached. Date: ~ f ~ ~ By: c drew H. Shaw, Esquire Attorney I.D. # 87371 200 Spring Garden Street, Ste. 11 Carlisle, PA 17013 Attorney for Plaintiff A, ^ 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 cans to you. ^ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~, ,~~-! L..~.~z~~~~fl~ ~-~v~~l~t~. ~'7G ~'G A. Signature X 7 ^ Agent ^ Addressee B. Received by ( nfed Name) C. Date of Delivery D. Is delivery address different from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type ~Certifled Mail ^ Express Mail ^ Registered ~"Retum Receipt for Merchandise ^ Insured Mali ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes 4rticleNumber 7pp7 Q22Q 0002 2521 2794 ansfer from service label) arm 3811, February 2004 Domestic Return Receipt toz5sso2-nt•t5ao UNITED.STT, xS.~'f~i~;~..t.~~:~u•'t~i~'"^z~:.4i_:,t..,1. ~~4'~~ ~ • Sender: Please print your name, addre,/ss, and ZIP+4 in~this box • ~Q~ s ~ ~~~ ~~ ~~c~~ ~ . ~/ . ir,rug,rrl~~rrrr,ruriurrr~r~r~r~,~rrr~~rr~r„rti,rr~~,irrrr ~,,,, CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Proof of Service, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Timothy J. O'Connell, Esquire Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 Attorney for Defendant Date: ~,~ ~ ~ _ Q g' Andrew H. Shaw, quire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff C`a ~ ~;.) ;~ ~ -n ~' ~ rTr G ' ' -- t"tl r r, -~^ 1 i ~ '~ ^~ ~ ~ ~,..,,~ 1.) i~ GILBERT G. SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. AUDREY W. SMITH Defendant CIVIL ACTION -LAW IN DIVORCE No. 07-5204 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 aze made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Gilbert G. 5mrth, Plaintiff t J ~"~``. 1-- ~ _ ~n {~ ,> . ~~'., .. , w :. :-z_ GILBERT G. SMITH Plaintiff v. AUDREY W. SMTTH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE No. 07-5204 AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on August 31, 2007. 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. 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: P .Z 7 - O ~ ~-~~~~~ ~/' Gilbert G. Smith, Plaintiff ~_ r5 _ .. x~ Y ~ 1 '^~. ... ! ~ Y, ~~ ~~~ I GILBERT G. SMITH Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. AUDREY W. SMITH Defendant CIVIL ACTION -LAW IN DIVORCE No. 07-5204 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. Section 4904 relating to unsworn falsification to authorities. DATE: ~ -'~" $ (~ ~ Audre .Smith, Defendant ~ Q ~_3 - G ~ rs '~ c..- ~ ~ ~ ..- M,~? ' .. Nt~{w _ ~~~ ... ._ ~ '~ i ~t '~ ~,~ "..~ ~r f,,,p t GILBERT G. SMITH Plaintiff v. AUDREY W. SMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVAI~TIA CIVIL ACTION -LAW IN DIVORCE No. 07-5204 AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on August 31, 2007. 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. 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: 7 --`~ _ ~' ~ ~ . ~ Audrey W. ith, Defendant C'~ ~ ~~ Cam,. ~ -rs ~ ~~ ? ~, .- . t_. m r _ -r~ ors ,~: -- ==~ ~~ ~6 _.~ +~ ~ ~ . ~J -f T ~? `"'"" ~ ~- '"`ti .-+ `+ GILBERT G. SMITH Plaintiff v. AUDREY W. SMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVA1~iIA CIVIL ACTION -LAW IN DIVORCE No. 07-5204 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Ground for Divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified First-Class Mail, on September 1, 2007. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on June 27, 2008; by Defendant on July 8, 2008; 4. Related claims pending: None. S. Date Plaintiff's Waiver of Notice was filed with the Prothonotary's Office: July 14, 2008. Date Defendant's Waiver of Notice was filed with the Prothonotary's Office: July 14, 2008. Date: 7 ~/~°~~ By: drew .Shaw, squire Attorney I.D. # 87371 200 Spring Garden Street, Ste. 11 Carlisle, PA 17013 Attorney for Plaintiff ...., `. CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Transmit Record, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Timothy J. O'Connell, Esquire Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 Attorney for Defendant Date: ~.. ~~-d~ An ew H. Shaw, squire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff C ...,. c~ ~ °rs ' ~ ~ ~ ~~ ~ -~C: ':fit., ~./ -'.-'~;ra C~ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. • .., ~: GILBERT G SMITH Plaintiff NO. 07-5204 VERSUS AUDREY W. SMITH Defendant DECREE IN DIVORCE AND NOW, July ~~ 2008 IT IS ORDERED AND DECREED THAT _GILBERT G. SMITH ,PLAINTIFF, AND AUDREY W. SMITH ,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 BY THE COURT: PROTHONOTARY ~°K ~°"--~-~ ~~ ~ -~ ~.~ .,~ :rt•.