HomeMy WebLinkAbout03-5090IN THECOURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
V.
?iLY S C9" moo<efendant
:No. C>,3 - S'070
: IN DIVORCE
Civil Term
NOTICE TO DEFEND AND CLAIM RIGHTS
YOUHA VE BEENSUED 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 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, 1 Courthouse Square, 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 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 LAWv'ER 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
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas
expuestas en ]as paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en Is corte en forma escrita sus defensas o sus objeciones a las demandas en
contra Suva.
Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una
orden contra usted sin previo aviso o notificacion y por cualquier que ja o alivio que es pedido en
la peticion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Plaintiff
v
-R, S ?cu(t ?oo?
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT UNDER 63301(c) or (d) OF THE DIVORCE CODE
1. Plaintiff is l?,o lV,,? L Qr u x-.)A , who currently resides at
\?-A ? (2..?.o? l-X to ?-•? W \\ -Y0.t-7alk
Cumberland County, Pennsylvania.
2. Defendant is R%(1.,n mock S Cin s(uy)c-A , who currently resides at
5RIQ rv 8-ck- 1e- -R8-• hp? .-) Uk k?eA -1 a'11
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least the six months prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on (`Y?-, , 199 1 at
5. The marriage is irretrievably broken, and the parties separated on
6. There have been no prior actions of divorce or annulment between the parities.
7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the
h?5 k0:4 nohQ-
military service of the United States of America, but is :a fa,( K, ei6 .A lk., address Y?o S been' l
given in Paragraph 2 above.
8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have
the right to request that the Court require the parties participate in counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
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Date
?ooQ.
Plaintiff, rSe
1, V '-wl L- (-?t 06L
, verify that the statements made in this Complaint
are true and correct to the best of my knowledge, information, and belief I understand that false
statements made herein are subject to the penalties for unsworn falsification to authorities as
provided in 18 Pa. C.S. §4904.
Date PlamtiffN
Assisted by:
MIDPENN LEGAL SERVICES
PRO SE DIVORCE CLINIC
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
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M L C-oa "AML : IN THE COURT OF COMMON PLEAS OF
1 Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
NO. 200' - Saga
t LS?Y ?-S C o,.f(1z0 L CIVIL ACTION - LAW
Defendant :
: IN DIVORCE
PETITION TO PROCEED IN FORMA PAUPERIS
The Petitioner, htz \?t, L C-j" LLXDOA?is the Plaintiff in this action. On
her behalf, I, Joan Carey, attorney for MidPenn Legal Services, do hereby certify that the
Petitioner is indigent according to the poverty guidelines of MidPenn Legal Services. MidPenn
Legal Services is assisting the Petitioner in filing a divorce case prose. The Petitioner's
Financial Affidavit showing inability to pay the costs of litigation is attached hereto. Petitioner
requests leave to proceed without payment of fees or costs.
Respectfully submitted:
oa Carey, Attorney
MidPenn Legal Services
Pro Se Divorce Clinic
8 Irvine Row
Carlisle, PA 17013
e 11?( t_ c-Lc'u?)ooL
Plaintiff
VS.
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am theTlo A'K in the above matter and because of my financial condition am unable to pay
the fees and costs of prosecuting, defending, or appealing the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of
litigation.
3. I represent that the information below relating to my ability to pay the fees and costs is true and
correct.
6.? ?oo1-
(a) Name: ?, ?? l?126 L?
Address: ?`? tea- V ` `
(b) Social Security Number: 49
If you are presently employed, state
Employer: nC-
Address: 'jt'C WoC?
Salary or wages per month:
Type of work: <?,e
_y-
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:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social Security benefits:
Support payments:
Disability payments:
Unemployment compensation and
supplemental benefits:
Workman's compensation:
Public Assistance:
Other:
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash:
O G
Checking Account: ?d
vo
Savings Account: j
Certificates of Deposit:
Real Estate (including home):
?pYSiL 0.
Motor vehicle: Make Year
Cost Amount owed ro w?°?24 °„?e?
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
??) e?
Rent: J " -
Loans:
o°
Monthly Expenses:
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Namur\S t`?\ Age: a
4. I 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. 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 19 Pa. C.S. 4904, relating to unsworn falsification to
authorities.
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IN THE COURT OF COMMON PLEAS OF
YC'IIY L'
Garwood
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
?iGhQr;? ?. (ltcrwaor?
Defendant
NO. 2003- SC)?16'
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE TO REINSTATE COMPLAINT
To The Prothonotary:
Please reinstate the Complaint filed in the above-captioned case.
Respectfully Submitted,
J d
laintiff, Pro Se
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Kelly L. Garwood,
Plaintiff
V.
Richard S. Garwood,
Defendant
To The Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03-5090
CIVIL TERM
IN DIVORCE
PRAECIPE TO REINSTATE COMPLAINT
Please reinstate the Complaint filed in the above-captioned case.
Respectfully Submitted,
e y LyI Garwo d, Plaintiff, Pro Se
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Kelly L. Garwood,
Plaintiff
V.
Richard S. Garwood,
Defendant
To The Prothonotary:
IN TILE COURT OF CO1a4ON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 03-5090
IN DIVORCE
CIVIL TERM
PRAECIPE TO REINSTATE COMPLAINT
Please reinstate the Complaint filed in the above-captioned case.
Respectfully Submitted,
ell ynn CTa od, 4Wf-flpro Se
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Kelly L. Garwood,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03-5090
Richard S. Garwood,
Defendant
IN DIVORCE
CIVIL TERM
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September
24, 2003.
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 divorce.
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 unworn falsification to authorities.
Date: Signature:
Kelly L. G ood, Plaintiff
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Kelly L Garwood
Plaintiff
vs.
Richard S. Garwood
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO.03- 5090
IN DIVORCE
CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER 0301(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 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: Signature: CJ?N
Kelly L. Garv ;mod, Plaintiff
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Case No.
Statement of Intention to Proceed
To the Court:
?2?`?t c1?ScJ c? "ion ? intends to proceed with the above captioned matter.
Print Name c,_?A c'-OL-y-u-tQ?t Si N,'?ne
- a- .-------
Date:
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
1. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been terminated but which conitinues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
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KELLY L. GARWOOD, IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff :
NO. 03-5090
V.
CIVIL ACTION - LAW
RICHARD S. GARWOOD,
IN DIVORCE
Defendant :
RETURN OF SERVICE
The undersigned makes the following return of service:
The Complaint in Divorce was hand delivered to the Defendant, on June 14, 2004 by a
Cumberland County Deputy Sheriff., Richard Smith.
The Complaint in Divorce was hand delivered to Richard S. Garwood on
June 14, 2004 at 9:45 am at 1502 Holly Pike (Stardust Motel), Carlisle, PA 17013.
1, R. Thomas Kline , certify that I am a competent adult not a party to
the action.
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
July 29, 2008
J )
By:
Cumberland County Sheriff
:339354
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Kelly L. Garwood
Plaintiff
V.
Richard S. Garwood, Jr.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 4- CIVIL TERM
d3-500
: IN DIVORCE
NOTICE TO DEFENDANT
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter affidavit within twenty days after this affidavit has been served on you or the statements
will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER
§3301 (d) OF THE DIVORCE CODE
1. The parties to this action separated on ?? l bQ and continued to
live separate and apart for a period of two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of marital property,
lawyer's fees, or expenses if I do not claim them before a Divorce is granted.
I, KJ1Q , verify that the statements made in this Affidavit are
true and c rrect to the best of my knowledge, information, and belief. I understand that false
statements made herein are subject to the penalties for unworn falsification to authorities as
provided in 18 P.S. Section 4904.
Date Plaintiff, P Se
Kelly L. Garwood IN THE COURT of COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY PENNSYLVANIA
V. No. W CIvIL TERM
Richard S. Garwood, Jr. ;
Defendant IN DIVORCE
COUNTER-AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. 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 if I 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. If I 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 delay.
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 unworn falsification to authorities.
DATE:
Richard S. Garwood, Jr.
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.
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Kelly L. Garwood
Plaintiff
v.
Richard S. Garwood, Jr.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 03-5090 CIVIL TERM
IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that Plaintiff in the above matter filed a Complaint in Divorce
filed on -Kelly Lynn Garwood hereby intends to resume and hereafter use her previous name of
-Kelly Lynn Blumenstein and gives this written notice avowing her intention in accordance
with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July 1, 1980.
Kelly Lynn Q9woo?)
\hl9'"LQ?1
Kelly L ume s in
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
: SS
On this, the_zX+_`day of R4 - ,2008, before me, the undersigned officer
personally appearedkLLL so known as ' Jiniown to me (or
satisfactorily proven) to a the person whose name is subs r&d to the within instrument, and
acknowledged that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
(SEAL)
Title of Office
NOTARIAL SEAL
PROTHONOTARX NOTARY Pt18LIC
CARLISLE CUMBERLAW OUNTY COURTHOUSE
MY COMMISSION E2PIRE$ JANUARY 4, 2010
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Kelly L. Garwood
Plaintiff
IN TBE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
V.
Richard S. Garwood, Jr.
Defendant
No. W CIVIL TERM
013 .6NO
: IN DIVORCE
COUNTER-AFFIDAVIT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. Check either (a) or (b):
? (a) I do not oppose the entry of a divorce decree.
r/(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
Q period of at least two years.
41 (ii) The marriage is not irretrievably broken. (Ada /}L6?
Y?
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 if I do not claim
them before a divorce is granted.
i/ (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. If I 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 delay.
.T
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 unworn falsification to authorities.
DATE: 1 A A008
7.
Richard S. Garwood, Jr.
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.
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KELLY L. GARWOOD,
Plaintiff
vs.
RICHARD S. GARWOOD,
Defendant
No. 2003-5090
CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO
REQUEST ENTRY OF -6 3301(d) DIVORCE DECREE
To: RICHARD S. GARWOOD
You have been sued in an action for divorce. You have failed to answer the Complaint
or file the economic claims referenced in your 3301(d) counter affidavit filed on October 2,
2008. Therefore, on or after November 19, 2008, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU
CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
Date: By:
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
KELLY L. GARWOOD,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2003-5090 CIVIL TERM
vs.
RICHARD S. GARWOOD, JR.,
Defendant.
CIVIL ACTION - LAW
IN DIVORCE
COUNTER AFFIDAVIT UNDER
SECTION 3301(d) of the DIVORCE CODE
1. 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 lest 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 if I 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.
DOCKET NO. 2003-5090
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. If I fail to do so
before the date set forth in 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 all statements herein are made subject to the penalties of 18 Pa. C. S. § 4904,
relating to unsworn falsification to authorities.
Date
RICHARD S. GARWOOD, JR.
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.
DATE KEL GARWOOD, pro se Plaintiff --
CERTIFICATE OF SERVICE
AND NOW, this day of , 2008, the undersigned does hereby
certify that she did this date serve a copy of the foregoing Counter-Affidavit Under
Section 3301 (d) of the Divorce Code, and the Notice of Intention to Request Entry of a
§ 3301(d) Divorce Decree upon the Defendant by causing same to be deposited in the
United States Mail, first class postage prepaid, addressed as follows:
Richard S. Garwood
140 Wagners Street
Carlisle, PA 17013
By:
Ily L. Garwood
348338
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KELLY L. GARWOOD
Plaintiff
V.
RICHARD S. GARWOOD, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,
PENNSYLVANIA
NO. 2003-5090
CIVIL ACTION - LAW
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(d) of the
Divorce Code.
2. Date and manner of service of the complaint:
Defendant was served with Complaint June 14, 2004, via personal service which
return of service was filed on July 29, 2008.
3. Complete either Paragraph (a) or (b).
(a). Date of execution of the Affidavit of Consent required by Section 3301 (c)
of the Divorce Code:
(b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce
Code: September 15, 2008. ;
(b) (2) Date of filing and service of Plaintiff's affidavit upon the
respondent: Date of Filing: September 15, 2008 and October 27, 2008;
Date of service upon respondent: October 27, 2008.
Defendant filed a counter affidavit on October 2., 2008, after the Plaintiffs 3301(d)
affidavit and Counter Affidavit were served upon him. However, Defendant has not filed any
economic claims or other documents since October 2, 2008:
4. Related claims pending: No economic claims raised.
5. Complete either (a) or (b).
(a) Date and manner of service of the notice of intention to Request Entry of 3301(d)
Divorce Decree, a copy of which is attached: October 27, 2008 service via United States mail
addressed to the Defendant. Copies of these documents served on are attached hereto.
Date: 1 By:
:351030
f/k/a Kelly L. Garwood
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KELLY L. GARWOOD,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
RICHARD S. GARWOOD,
Defendant
No. 2003-5090
CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO
REQUEST ENTRY OF 6 3301(4) DIVORCE DECREE
To: RICHARD S. GARWOOD
You have been sued in an action for divorce. You have failed to answer the Complaint
or file the economic claims referenced in your 3301(d) counter affidavit filed on October 2,
2008. Therefore, on or after November 19, 2008, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU
CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
Date: By;
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KELLY L. GARWOOD,
Plaintiff
vs.
RICHARD S. GARWOOD, JR.,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 2003-5090 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
COUNTER AFFIDAVIT UNDER
SECTION 3301(x0 of the DIVORCE CODE
1. 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 lest 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 if I 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.
DOCKET NO. 2003-5090
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. If I fail to do so
before the date set forth in 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 all statements herein are made subject to the penalties of 18 Pa. C. S. § 4904,
relating to unswom falsification to authorities.
Date RICHARD S. GARWOOD, JR.
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.
(A-ao ?ooe) ?/,(
DATE KEL GARWOOD, prose Plaintiff --
CERTIFICATE OF SERVICE
AND NOW, this day of .? , 2008, the undersigned does hereby
certify that she did this date serve a copy of the foregoing Counter-Affidavit Under
Section 3301 (d) of the Divorce Code, and the Notice of Intention to Request Entry of a
§ 3301(d) Divorce Decree upon the Defendant by causing same to be deposited in the
United States Mail, first class postage prepaid, addressed as follows:
Richard S. Garwood
140 Wagners Street
Carlisle, PA 17013
By:
Ily L. Garwood
:348338
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KELLY L. GARWOOD, : IN THE COURT OF COMMON PLEAS OF
n/k/a KELLY LYNN BLUMENSTEIN, : CUMBERLAND COUNTY, PENNSYLVANIA
PLAINTIFF
V.
RICHARD S. GARWOOD,
DEFENDANT 03-5090 CIVIL
ORDER OF COURT
AND NOW, this 5th day of January, 2009, upon consideration of Plaintiff's Pro Se
request for a Divorce Decree pursuant to 23 Pa.C.S.A. § 3301 (d) and the Defendant's
counter affidavit thereto, and his claim for economic relief,
IT IS HEREBY ORDERED AND DIRECTED that the Request for a Divorce
Decree is DENIED at this time.
IT IS FURTHER ORDERED AND DIRECTED that the matter be referred to the
Cumberland County Divorce Master for appropriate scheduling.
By the Court,
M. L. Ebert, Jr., J.
Kelly Lynn Blumenstein
f/n/a Kelly L. Garwood
Plaintiff
1130 Rana Villa Avenue
Camp Hill, PA 17011
t., ichard S. Garwood
Defendant
586 Middle Road
Newville, PA 17241
Or 140 Wagners Street,
Robert Elicker, Esquire
Divorce Master
(IFItS e^aLLL
Carlisle, PA 17013
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140,
KELLY L. GARWOOD,
V.
RICHARD S. GARWOOD.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-5090
NO.
DIVORCE DECREE
AND NOW, Mari %I , .20W x.409 , it is ordered and
decreed that KELLY L. GARWOOD N/K/A. KELLY L.
BLUMENSTEIN , Plaintiff, and RICHARD S. GARWOOD, JR.,
Defendant, are divorced from the bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for alimony
pendent elite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action for which a
final order has not yet been entered. Those claims are as follows: (If no claims remain indicate
"None.")
None.
By the Court:
Attest: V J.
Prothonotary
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