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HomeMy WebLinkAbout04-0221ROGER L. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : : CIVIL ACTION PAMELA R. SMITH, : NO. O~ - ~ ~/ Defendant : IN DIVORCE NOTICE TO DEFEND 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, 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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 i THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY B~_R ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 ROGER L. SMITH, Plaintiff vs. PAMELA R. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : : CIVIL ACTION : NO. : IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Prothonotary ROGER L. SMITH, Plaintiff PAMELA R. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. ~?~-- ~/~_ IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Roger L. Smith, a citizen of Pennsylvania, residing at 208 Ross Avenue, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is Pamela R. Smith, a citizen of Pennsylvania, residing at 135 Bosler Avenue, 1~ Floor, Lemoyne, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on March 14, 1997, in York County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. il0. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Equitable Distribution of Marital Property Under 3104, 3323, 3501, 3502 and 3503 of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff and Defendant have acquired property, both real and personal during their marriage from the date of said marriage until the date of their separation. 15. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. Respectfully submitted, DISSINGER and DISSINGER Mary A. Etter Dissinger Attorney for Plaintiff Supreme Court ID # 27736 28 N. 32n~ Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Roger L. Smith, verify that the statements made in the Divorce 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. ROGER L. SMITH, Plaintiff PAMELA R. SMITH, Defendant, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY : PENNSYLVANIA : CIVIL ACTION : NO. 04-221 : IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND : Mary A. Etter Dissinger, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, return receipt requested, a true and correct copy of the Plaintiff,s Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did receive same as evidenced by the signed receipt dated January 21, 2004, attached hereto as Exhibit "A". Sworn to and subscribed before me this, ~a~day of ~~___, 2004. · /~6% ary Public-- Mary/A. Etter g~r Attorney for Plaintiff Supreme Court ID #27736 28 N. Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your neme and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: g ooc Le °'yn'EE fRI T ED ~ns~r from se~ice labe~ 7 D D ~ ' PS Fo~ 3811, Auguet 2001 Domestic Return Receipt r-JAgent O. Is delivery address d~erem from item 17 [] Yes If YES, enter delivery address below: [] No 3. Se e Type ~Ce~lfied Mail [] Express Mail F-I Registered ~ Return Receipt for Merchandise [] In.s. ured Mail r-~ C.O.D. 4. Restricted Delivery? (Extra Fee) ~ -- 0860 0004 2518 4584 102595-01-M-2509 EXHIBIT "A" f ROGER L. SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY : PENNSYLVANIA vs. : : CIVIL ACTION PAMELA R. SMITH, : NO. 04-221 Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under § 3301(c) of the Divorce Code was filed on January 16, 2004, and served on January 21, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 the 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. Date: Rog r~/~it , Plaintiff ROGER L. SMITH, Plaintiff vs, ~PAMELA R. SMITH, Defendant : CIVIL ACTION : NO. 04-221 : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WAIVER OF NOTICE OF INTENTION TO REQIT~ST ENTRY OF A DIVORCE D~CREE UNDER S3301(C) OF ?~E DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2, I understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees 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.So §4904 relating to unsworn falsification to authorities. ROGER L. SMITH, Plaintiff vs. PAMELA R. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. 04-221 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on January 16, 2004, and served on January 21, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 the notice of intention to request entry of the decree. and subject to the penalties of 18 Pa. falsification to authorities. I verify that the statements made in this affidavit are true correct. I understand that false statements herein are made C.So ~4904 relating to unsworn Date: ~/~ Pamela R. Smith, D'~fendant ROGER L. SMITH, Plaintiff vs. PAMELA R. SMITH, Defendant : CIVIL ACTION : NO. 04-221 : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees 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. §4904 relating to unsworn falsification to authorities. Date: Pamela R. Smith, D~-fendant ROGER L. SMITH, : Plaintiff : VS. : : CIVIL ACTION PAMELA R. SMITH, : NO, 04-221 Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PRAECIPE TO TP~%NSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: 3301(c) of the Divorce Code. Irretrievable breakdown under § 2. Date and manner of service of the Complaint: January 21, 2004, by United States Certified Mail, Restricted Delivery. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: By Plaintiff ~,~ , 2004; by Defendant ~/[ % , 2004. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in § 3301(c) filed with the Prothonotary: ~ ~)~ 2004. Date Defendant's Waiver of Notice in § 3301(c) filed with the Prothonotary: ~ (% ~ 2004. Divorce Divorce Respectfully submitted, DISSINGERAND DISSIN~ER CC: Pamela R. Smith Roger L. Smith A. Etter Dlsslnger Mary ~ Attorney for Plaintiff 28 N. 32nd Street Camp Hill, PA 17011 717-975-2840 IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ¢~J~, PENNA. ROGER L. SMITH, Plaintiff NO. 04-221 PLEAS VERSUS PAMELA R. SMITH~ Defendant DECREE IN AND NOW, DECREED THAT DIVORCE Roger t , PLAINTIFF, Pamela R. Smith AND ,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. j. PROTHONOTARY