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Home My WebLink About07-6261 Frederick H. Gardner, Jr., Plaintiff v Dorothy A. Gardner, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : 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. 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 at the 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 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 Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-6200 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siquientes, usted tiene veinte (20) dias de plazo al partir de lag fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abagado y archival en la corte en forma excrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si ustted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABAGADO INMEDIATAMENTE. SI NO TIENE ABAGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCURENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Frederick H. Gardner, Jr. V. Dorothy A. Gardner NO. 07 - 6261 DIVORCE DECREE AND NOW, an rl ?ti , 26°°( , it is ordered and decreed that Frederick H. Gardner, Jr. , plaintiff, and Dorothy A. Gardner , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite 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, J. Prothonotary ,Vd > /o '?? w yam-?Agw f- /P-.Yv 4 ,ew 'o ?- E -07 -. p Frederick H. Gardner, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. (}7'" Dorothy A. Gardner, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Frederick H. Gardner, Jr. who has resided at 140 E. Chapel Avenue, Carlisle, Cumberland County, 17013 since approximately 2005. 2. Defendant is Dorothy A. Gardner, whose whereabouts are unknown but whose last known address is 222 South I' Street, Lemoyne, Cumberland County, PA 17043. 3. Plaintiff has been a bona fide resident 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 June 15, 1985 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Neither of the parties in this action is presently a member of the Armed Forces. 7. The Plaintiff and Defendant are both citizens of the United States. 8. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a divorce decree being handed down by the Court. C1 9. There are two minor child born of the marriage to wit Holly Jo Gardner, born 12/28/2989, and Jacqueline Joy Gardner, born 4/15/91. 10. The Plaintiff avers that the marriage is irretrievably broken. 11. The parties have been separated for more than two years. 12. The Plaintiff avers that the marriage is irretrievably broken and that Defendant has offered such indignities to the Plaintiff, the injured and innocent spouse, so as to make Plaintiffs condition burdensome and life intolerable. COUNTII Request for Equitable Distribution of Marital Property Under 23 Pa.C.S. 3104(a)(1) and 3501 of the Divorce Code 13. Plaintiff requests the Court to equitably divide, distribute and assign the marital property between the parties without regard to marital misconduct in such a proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff requests this Honorable Court enter a decree of divorce and to equitably divide the marital property. Respectfully submitted, By: +0-t, EWL-Y LNG HOFFMAN, ESQUIRE Sup. Ct. I.D. # 66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Date: `c I 1 ?? AFFIDAVIT Frederick H. Gardner, Jr. being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of his knowledge, information and belief. Frederick H. Gardner, Jr. Date: ? J1 )6 ? w lops +1 (A V V O No A ? g- t 1 A c? _,_, -? _ r? w Frederick H. Gardner, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6261 Dorothy A. Gardner, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION REQUESTING SERVICE BY PUBLICATION PURSUANT TO RULE 430 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE AND NOW, comes Petitioner Frederick H. Gardner, Jr., by and through his attorney, Emily Long Hoffman, and in support of his Motion Requesting Service by Publication, avers as follows: 1. Plaintiff filed a Divorce Complaint on October 25, 2007. 2. Defendant's last known location was 222 S. l' Street, Lemoyne, Pennsylvania. 3. Domestic Relations cannot locate mother nor can Petitioner as evidenced by the writing attached hereto as Exhibit "A". 4. The United States Postal Service has no information concerning any forwarding address for Defendant in Lemoyne, her last known address, pursuant to request of information. 5. There is no information at the Recorder of Deeds office with regard to records concerning Defendant. 6. The Cumberland County prison has no information concerning the whereabouts of Dorothy A. Gardner as of 2004 their records indicate that she has no permanent residence. 7. Pennsylvania Department of Transportation has no information concerning the whereabouts of Defendant as evidenced by the writing attached hereto as Exhibit "B". 8. Voter Registration of Cumberland County has no knowledge of the whereabouts of Defendant. 9. Defendant's Mother and sister do not know where Defendant is located. 10. Plaintiff has not seen Defendant since 2003. 11. The parties' children have not seen Defendant since December 2002 and have no knowledge of her location. 12. Mother has never paid child support despite an Order in effect since 2003. 13. Petitioner cannot locate Defendant in order to serve her. 14. Pa.R.C.P. Rule 430 allows this Honorable Court to order Service by Publication. WHEREFORE, Petitioner requests that this Honorable Court grant his request for Service by Publication. Respectfully submitted, IL"? 4, `? Emily Long Roffman Sup. Ct. I.D. #66307 P. O. Box 11475 105 N. Front Street Harrisburg PA 17108 Date: Attorney for Petitioner M VERIFICATION I, Frederick H. Gardner, Jr., upon my personal knowledge, information, and belief, aver that the facts averred and statements made in the foregoing document are true and correct to the best of my knowledge. I understand that false statements or Averments therein made will subject me to the criminal penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. BY: Frederick H. Gardner, Jr. Date: 3 1-0° 10/10/2007 02:12 FAX 17177957594 STAPLES In the Court of Comimon Pleas of CUMBEI DOMMC RELATIONS 13 N. HANOVER 9T, P.O. BOX 321, Phone: (717) 24046225 OCTOBER 1, 2007 County, Pennsylvania PA. 17613 Fax: (717) 240.6246 Plaintiff Name: FREDERICK H. GARDNER Defendant Name: DOROTHY A. IDNBR Docket Number: 00756 S 2003 PACSES Case Number: 212105741 1 _•0dw State ID Number: . a - Plewe note: Alt casecpondowe asst l wh* tYelPACSBS G FREDERICK HSRNAN GARDNER JR 140 E CHAPEL AVE CARLISLE PA 17013-3435 JR Q002 Dear FREDERICK HERM N GARVMM JR The 0 Appointment or (j} Conferelx»e or 0 Hearing or 0 Exception Argument or 0 GeMdC test or 0 Relisted Event originally scheduled f4 OCTOBER 15, 2007 , he been cancelled. The defendant's Notice to Appear has been returned by the Poet office. Sincerely, i CHARLES CA*0TMM i Service Type M Form CM-015 Worker ID 21200 \,t n u I Iii the Court of Common Pleas of CUMBERLANID County, Pennsylvania DOMESTIC RELATIONS SECTI4N 13 N. HANOVER ST, P.O. BOX 320, CARLISLE, PA. 17013 Phone: (717) 240-6225 Fax: (717) 240-6248 OCTOBER 8, 2007 Emily Long Hoffman, Esq. 105 N. Front St. P.O. Box 11475 Harrisburg, PA 17108 Plaintiff Name: FREDERICK H. GARDNER JR Defendant Name: DOROTHY A. GARDNER Docket Number: 00758 Si 2003 PACSES Case Number: 2121057.41 Other State ID Number: Please note: All correspondence must buchxle the PACSES Case Number. Case Status Dear Emily Long Hoffman, Esq. In an effort to keep you informed concerning the progress df the above case the following information is provided: This correspondence is in response to your fax dated October 5, 2007. At the present time our office does not have a valid address for the defendant at the present time. Our office is currently attempting to utilize all resources available to locate a valid address sothat we can address the Complaint filed on August 6, 2007. If you or your client obtain information on a possible address on the defendant, please let us know so that we can address your clients complaint. If you have any further questions and/or concerns, please feel free to contact this office. Thank you. Service Type M Sincerely, W Form EN-545 v1 Worker ID 21104 ,Ala' PAGE 1 PENNSYLVANIA DEPARTMENT OF T SPORTATION BUREAU OF DRIVER LICENSING THREE YEAR DRIVING RECORD FEB 07 2008 ' IVER: DOROTHY ANNE GARDNER DRIVIER LICENSE NO : 23516659 707 HUMMEL AVE DATEi OF BIRTH : OCT 19 1967 LEMOYNE, PA 17043 SEX : FEMALE RE RD TYPE REG LICENSE DRIVER LICENSE (DL) CO CENSE CLASS : C CDL CENSE ISSUE DATE: JUL 23 2004 CDL CENSE EXPIRES : OCT 20 2007 CDL IG ISSUE DATE : JUL 06 1991 CDL D RESTRICTIONS : NONE CDL ARNER PERMITS CDL CENSE STATUS EXPIRED CDL SB PL PL PL PL PL MERCIAL DRIVER LICENSE (CDL) LICENSE CLASS LICENSE ISSUED : LICENSE EXPIRES: ENDORSEMENTS : NONE RESTRICTIONS : NONE LEARNER PERMITS: LICENSE STATUS : OBATIONARY LICENSE (PL) ICENSE CLASS ICENSE ORIG ISS: ICENSE ISSUED : ICENSE EXPIRES : ICENSE STATUS : OCCUPATIONAL LIMITED LICENSE (OLL) OLL'LICENSE CLASS OLLLICENSE ISSUED : OLL?LICENSE EXPIRES: OLL"LICENSE STATUS *** CONTINUED ***' cl r ./ f .? Nr7'?% t1 J n ?e Emily Long Hoffman, Esquire Attorney I.D. #66307 Attorney for Plaintiff 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Frederick H. Gardner, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6261 Dorothy A. Gardner, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT To the Prothonotary: Kindly reinstate the divorce matter filed on October 25, 2007. Respectfully submitted, Emily Lo g toffinan Sup Ct ID # 66307 105 N. Front St. P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 Attorney for Petitioner Date: ? L? r ?g r,a _. ?? 1 ? --, ?- r .?.-? -rz e.:: ..-:; ? ? a ?' o ? ? ?: ? ? ___ _-: ? ? ?.?? FREDERICK H. GARDNER, JR., Plaintiff V. DOROTHY A. GARDNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 07-6261 CIVIL TERM IN RE: MOTION REQUESTING SERVICE BY PUBLICATION PURSUANT TO RULE 430 OF THE PENNSYLVANIA RULES OF CIVIL PROCEDURE ORDER OF COURT AND NOW, this 27`h day of May, 2008, upon consideration of Plaintiff's Motion for Requesting Service by Publication Pursuant to Rule 430 of the Pennsylvania Rules of Civil Procedure, the motion is granted to the extent that Plaintiff is authorized to serve original process upon Defendant by (a) certified and regular mail to Defendant's last known address, said service to be deemed complete upon mailing, (b) regular mail to Defendant at the last known addresses of her mother and sister, said service to be deemed complete upon mailing, and (c) publication once in the Cumberland County Law Journal and in a newspaper of general circulation in Cumberland County, Pennsylvania. SERVICE OF PAPERS SUBSEQUENT TO ORIGINAL PROCESS may be made by regular mail to Defendant's last known address, aid service to be deemed complete upon mailing. /Mily Long Hoffman, Esq. 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108 A Attorney for Plaintiff : rc BY THE COURT, ? 1- { 1 J{ ti ?v Emily Long Hoffman, Esquire Attorney I.D. #66307 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Frederick H. Gardner, Jr., Plaintiff Dorothy A. Gardner, Defendant To the Prothonotary: Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6261 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT Kindly reinstate the divorce matter filed on October 25, 2007. Respectfully submitted, Emily Lon Hofflnan Sup Ct ID # 66307 105 N. Front St. P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233- 1112 Attorney for Petitioner Date: June 30, 2008 Li °? Emily Long Hoffinan, Esquire Attorney I.D. #66307 P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Attorney for Plaintiff Frederick H. Gardner, Jr., Plaintiff Dorothy A. Gardner, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6261 V. CIVIL ACTION - LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you, or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about March 2002, and have lived 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 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. Frederick H. Gardner, Jr. Date: r1 {"? c?a ?-> ? ' ? r ? ?- ? r ? ? •,-- .....i ", E?;i _?. ,.. ^.r A `., k. i? 4 ?. Emily Long Hoffinan, Esquire Attorney I.D. #66307 Attorney for Plaintiff 105 N. Front Street P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Frederick H. Gardner, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6261 Dorothy A. Gardner, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE n I, Emily Long Hoffman, hereby certify that Dorothy A. Gardner was served p the Q Order of May 27, 2008 as follows: r4l {?I a 5 r [V; C-) m 1. By certified and regular mail to Defendant's last known address with said?servicG mailed on October 26, 2007 and October 2, 2008 as follows which both came back +unable to = c =' forward, attempted not known, not deliverable to: r_ : y C r3 m Dorothy A. Gardner 222 S. 1St St. w -c Lemoyne, PA 17043 2. By regular mail on October 2, 2008 to Defendant at the last known addresses of her mother and sister as follows: Dorothy A. Gardner Dorothy A. Gardner c/o Tammy Peck c/o Mr. and Mrs. Fred Saphore 245 Frost Rd. 24 Center St. Gardners, PA 17324 Mt. Holly Springs, PA 17065 3. By publication in the Cumberland County Law Journal on September 26, 2008 and in the Sentinel on September 23, 2008, as attached. Respectfully submitted, Eftly tong offinan Sup. Ct. ID #66307 105 North Front Street P.O. Box 11475 Harrisburg, PA 17108 Attorney for Plaintiff Date: December 18, 2008 -. PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): September 23, 2008 COPY OF NOTICE OF PUBLICATION Frederick H. Gardner, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6261 Dorothy A. Gardner, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE If you wish to defend, you must enter a written appearance personally or by attorney and 146 yourdefen6es or objections m writing with the court. You are warned that if you tail to do so, Ow 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 wrfthout further notice for the relief requested by th Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU 00 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. G. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO LEGALDSERVIC S TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Sworn to and subscribed before me this Cumberland County Bar Association Ar} 2 Liberty Avenue yl, Carlisle, Pennsylvania 17013 (717) 249-3166 Notary Pu lic My commission expires: N IMM SEAL BOMA A CANUP NOt)ry PubAc CAM W X DOAOUO", CufvW=LPPID VAAWM MY Comn ildlon EvIres Jun 8.2009 #` PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz September 26, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. NOTARIAL SEAL DEBORAH A COLLINS Notary Pubilc CARLISLE BORO, CUMBERLAND COUNTY My Commiuion Expires Apr 28, 2010 (-',isa Marie Coyne Editor SWORN TO AND SUBSCRIBED before me this 26-day of September, 2008 N (0- ? %I CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas Cumberland County, Pennsylvania Civil Action-Law NO. 07-6261 Frederick H. Gardner, Jr., Plaintiff v. Dorothy A. Gardner, Defendant IN DIVORCE NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. 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 without further notice for the relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PA- PER 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. 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 RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 Sept. 26 15 Emily Long Hoffman, Esquire Attorney I.D. #66307 Attorney for Plaintiff P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Frederick H. Garr, IN KbbWONPLEAS Plainti V N v. = NO. 07-6261 c g o Dorothy A. Gatj R) ?CE N - LAW p r. r endant C-) Fn NOTICE OF INTENTION TO REQUEST =;- ENTRY OF DIVORCE DECREE m? C- K) -4 TO: Dorothy A. Gardner cn ca 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 December 11, 2008, the Plaintiff 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 relies; 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 OFF ICE 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 St. Carlisle, Pennsylvania 17013 (717) 249-3166 L SY?LLo Hoffmire Sup. Ct. ID # 66307 Harrisburg, PA 17108 (717)233-1112 Attorney for Plaintiff Emily Long Hoffman, Esquire Attorney I.D. #66307 Attorney for Plaintiff P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Frederick H. Gardner, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6261 Dorothy A. Gardner, CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE TO WITHDRAW CLAIMS c N a To the Prothonotary: ' -a Please withdraw the claim for Equitable Distribution made by Plainti ff in tl ?b ove?? referenced action. Re§p4ptfully submitted, Erliily Long Hoffman Sup Ct ID # 66307 P.O. Box 11475 Harrisburg, PA 17108-1475 (717) 233-1112 (717) 979-8849 Attorney for Plaintiff Date: 12/18/08 C7 C cxs r*l Fn p C rQ { ' 'i Emily Long Hoffman, Esquire Attorney I.D. #66307 Attorney for Plaintiff P.O. Box 11475 Harrisburg, PA 17108-1475 (717)233-1112 Frederick H. Gardner, Jr., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-6261 n o Dorothy A. Gardner, CIVIL ACTION - LAW ; a -n Defendant IN DIVORCE F n-? ?y ? PRAECIPE TO TRANSMIT RECORD M , D; TO THE PROTHONOTARY: 2 Transmit the record, together with the following information, to the Court for entry o f a divorce decree: Ground for divorce: 3301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: served on Defendant by publication per Court Order of May 27, 2008, service by certified and regular mail to Defendant's last known address, regular mail to Defendant's mother and sister and by publication once in the Cumberland County Law Journal and in the Carlisle Sentinel. 3. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce code: October 3, 2008. (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed on October 7, 2008 and served on November 20, 2008. 4. Related claims pending: none. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Service on November 20, 2008, by First Class United States Mail a copy of which is attached. R tfully submitted, - 4A)Q??- Emily Long Roffman, Esquire Sup. Ct. ID # 66307 P.O. Box 11475 Harrisburg, PA 17108 (717)233-1112 Attorney for Plaintiff l2. -1 S-(s4 FREDERICK H. GARDNER, JR., Plaintiff V. DOROTHY A. GARDNER, Defendant AND NOW, this 60' IN THE COURT OF COMMON PLEAS OF CIVIL ACTION - LAW NO. 07-6261 CIVIL TERM ORDER OF COURT of January, 2009, upon consideration of Plaintiff's praecipe to transmit record, and 4 appearing that Plaintiffs notice of intent and affidavit under Section 3301(d) of the Divorce Code were served simultaneously, in contravention of the holding in Burdick v. Burd?ck, 41 Cumberland L.J. 64 (1991) (Bayley, J.), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiency and file a new #cipe to transmit. BY THE COURT, V '-Emily Long Hoffinan, Esq. P.O. Box 11475 Harrisburg, PA 17108 Attorney for Plaintiff rc ee5?y `sue J, /Wesley Oler,(J?f, P . ' As ".f1 *Cj 13! - N"vT 6 13Z