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HomeMy WebLinkAbout03-6607BARBARA E. GRAHAM, Plaintiff S. GARETH GRAHAM, Defendant IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-~O'7 CIVILTERM 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 divome 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAVVYER 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 LAVVYER. 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 BARBARA E. GRAHAM, Plaintiff S. GARETH GRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-~,(,or) CIVIL TERM CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(c) AND 3301(d} OF THE DIVORCE CODE 1. Plaintiff is Barbara E. Graham, an adult individual who currently resides at 2037 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is S. Gareth Graham, an adult individual who currently resides at 2037 Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and the Defendant have been bonafide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 14, 1982. COUNT I - DIVORCE Plaintiff hereby incorporates by reference paragraphs one through four above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Plaintiff and Defendant are not in the Armed Forces of the United States. 8, Plaintiff avers as the grounds on which this action is based that the Defendant has committed adultery. 9. Plaintiff further avers that the Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of the Plaintiff intolerable and the life of the Plaintiff burdensome. 10. In the alternative, Plaintiff avers that the marriage is irretrievably broken. 11. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II - EQUITABLE DISTRIBUTION Plaintiff hereby incorporates by reference paragraphs one through eleven 12. above. 13. The parties have acquired both real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. COUNT III - ALIMONY AND ALIMONY PENDENTE LITE 14. Plaintiff hereby incorporates by reference paragraphs 1 through 13 above. 15. Plaintiff lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay Plaintiff alimony and alimony pendente lite. COUNT IV -COUNSEL FEES AND EXPENSES 16. Plaintiff hereby incorporates by reference paragraphs 1 through 15 above. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of counsel fees, costs and expenses in her favor and against the Defendant as are deemed appropriate. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael A. Scherer, Esquire I.D. # 69174 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 mas.dirldomesticlgrahamlcornplaint.pld VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Barbara E. Graham BARBARA E. GRAHAM, Plaintiff S. GARETH GRAHAM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-6607 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this ,.~ "-day of January, 2004, I, S. Gareth Graham, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. ' S/Gareth Gr~n~m mas.dir/domesticlgrahamlacceptance.ser In the Court of Common Pleas of Cumb~rland County, Pennsylvania To Prothonotary ~ Plaintiff No. VS. PRAECIPE Term, 19 ~ 19~ Atty.