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Home My WebLink About03-6630CHARLES A. SMITH PLAINTIFF Vs. CAROLINE R. SMITH DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL TERM IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued m Court. If you wish to defend against the claims set forth m 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 in 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 marmge, you may request marriage counseling. A list of marriage counselors is available: Office of the Prothonotary Cumberland County Court House One Courthouse Square Carlisle, Pennsylvania 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS' FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THESE. 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, PA 17013-3387 717-249-3166 CHARLES A. SMITH PLAINTIFF Vs. CAROLINE R. SMITH DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA No. : : CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE COUNT I AND NOW, comes the Plaintiff, by Attorney JAMES M. BACH, and avers as follows: Plaintiffis Charles A. Smith, who currently resides at 23 S. Enola Drive, Enola, Pennsylvania 17025. Defendant is Caroline R. Smith, who currently resides at 117 E. Cherry Street, Palmwa, Pennsylvania 17078. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. The Plaintiff and Defendant were married on June 13, 1999. There have been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. Plaintiffhas been advised of the availability of counseling and also the Plaintiffmay have the right to request that the Court require the parties to participate in cotmseling, and after being so advised, Plaintiffdoes not desire counseling. WHEREFORE: Plaintiff requests the Court to Enter a Decree in Divorce. Respectfully submitted, / ?,roES AC}I /Attorney At Law /./" Attorney I.D. No. 18727 352 S. Sporting Hill Rd. Mechanicsburg, PA 17050 (717) 737-2033 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein made are subject to penalties of 18 PA. C.S. §4904, relating to unswom falsification to authorities, CHARLES 3,. SMITH (PLAINTIFF) CHARLES A. SMITH PLAINTIFF Vs. CAROLINE R. SMITH DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. : : CIVIL TERM : 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 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 The parties to this action separated on Sel)tember 20, 2000, and have continued to live separate and apart for a period of at least two years. 2. 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 true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. (PLAINTIFF) CHARLES A. SMITH PLAINTIFF Vs. CAROLINE R. SMITH DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -_ NO. : CIVIL TERM : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF 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 three years. The marriage is not irretrievably broken. (ii) 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 grunted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in the counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4909 relating to unsworn falsification to authorities. DATE: CAROLINE R. SMITH (DEFENDANT) NOTICE: If you do not wish to oppose the entry of a divome decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. CHARLES A. SMITH PLAINTIFF Vs. CAROLINE R. SMITH DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. 03-6630 : : CIVIL TERM : IN DIVORCE CERTIFICATE OF PERSONAL SERVICE I, JAMES M. BACH, being duly sworn according to law, say that the Defendant herein was served a copy of said COMPLAINT along with a NOTICE to DEFEND and CLAIM ~ RIGHTS, a[352 S. Sporting Hill Road, Mechanicsbur~, Pennsylvania 17055, on the f ~'~' dayof ~ ,20p~, /,t'e) a.m./p.~m., by handing to the Defendant a tree and aff6sted col~ of the same and at the same time directing the Defendant's attention to the contents thereof and the "Notice to Plead" endorsed thereon. Defendant was also served Plaintiff's Affidavit and Defendant's Counter Affidavit under Section 3301D of the Divorce Code. A~MES M. BACH .4ttorney /it Law Attorney I.D. No. 18727 352 S. Sporting Hill Rd. Mechanicsburg, PA 17050 (717) 737-2033 CHARLES A. SMITIt Plaintiff VS. CAROLINE IL SMITH Defendant IN 'fHa: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-~630 CIVIL TERM IN DIVORCE NOTICE OF IN'I'KNTION TO REOUEST ENTRY OF DIVORCE DECREE TO: CAROLINE IL SMI'IH CHARLES A. SMIII:[, the PLAINTiI~F, intends to file with the Cou~t the attached Praecipc to Transmit Record on or after FEBRUARY 15, 2004, requesting that a £mal Decree in Divorce be entered. / / JaMeS M. BAC? U Attorney for Plaintiff NOTICE OF INTENTION TO REOUEST ENTRY OF DIVORCE DECREE TO: CAROLINE IL SMITH You have been sued in an action for Divorce. You have failed to answer the Complaint or file a counter- affidavit to the Plaintiff's affidavit. Therefore, on or afar FEBRUARY 15, 2004, thc PLAINTIFF can request thc 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. Unless you have already flied 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. A COUNTER-AFFIDAVIT, WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO TH/S NOTICE. 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, PA 17013-3387 717-249-3166 CHARLES A. SMITH Plaintiff VS. CAROLINE R. SMITH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; ; : NO. 03-6630 : _. : 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: GROUNDS FOR DIVORCE: Irretrievable breakdown under Section ( ) 3301(c) or ( X ) 3301(d)(1) of the Divorce Code. (Check applicable section.) 2. DATE AND MANNER of service of the Complaint: Service on 5 January 2004. Personal 3. COMPLETE EITHER PARAGRAPH (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c)ofthe Divorce Code: By Plaintiff ; by Defendant (b) I. Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code 26 December 2003. 2. Date of service of the Plaintiff's Affidavit upon the Defendant: 5 January 2004. 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, if the Decree is to be entered under Section 3301(d)(1)(I) of the Divorce Code: 26 January 2004, by ordinary mail, oosta.e prepaid. DATE: February 15, 2004 By: /~ ~'t [~(,~n J2~MES M. BACH, ESQUIRE Attorney I.D.# 18727 Attorney for Plaintiff 352 S. Sporting Hill Rd, MECHANICSBURG, PA 17050 (717)737-2033 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~ PENNA. PLAINTIFF Versus CAROLINE R. SMITH DECREE IN DIVORCE AND NOW ........ F.~~. ........ I~ , 2004 ...... ~ it is ordered and decreed that ............. q~.&~.~?.s...A.,..s..~$F.~' ................. , plaintiff, and ..................c.A.~.o..~.~.. F....s. ¥.~.~.~, .................... 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; Prothonotary