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HomeMy WebLinkAbout04-0320SHAWN M. SMITH Plaintiff TINA M. SMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 04-.8224 CIVIL TERM 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, 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, 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, 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. SI-lAWN M. SMITH Plaintiff T1NA M. SMITH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 04- 3.~5 CIVIL TERM COMPLAINT The plaintiff, Shawn M. Smith, by his/her attorneys, the Family Law Clinic, sets forth the following cause of action: DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Shawn M. Smith, who currently resides at 109 Third Street, Apartment 5, Boiling Springs, Cumberland County, Pennsylvania. 2. Defendant is Tina M. Smith, who currently resides at 337 Old Mill Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and defendant were married on Jtme 8, 1996 in Newville, Cumberland County, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since 2000. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. Dateo ~/O ~/oc~o ~- CAROLYN M. FENTON Student Attorney ~-~ ~ ~-¢~ THOIVEAS ~VI. PLACE O'q LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: SHAWN M. SMITH Plaintiff TINA M. SMITH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : NO. 04-..~g0 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Shawn M. Smith, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Carolyn M. Fenton Certified Legal Intem S I~I. PLACE ~'~' ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 SHAWN M. SMITH Plaintiff T1NA M. SMITH Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : NO. 04-320 CIVIL TERM PRAECIPE TO REINSTATE THE COMPLAINT To the Prothonotary: Please reinstate the complaint in the above-captioned case docket number 04-320. Carolyn M. Fenton Certified Legal Intern ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Attorneys for Plaintiff Dated: February 19, 2004 SHAWN M. SMITH, Plaintiff V. TINA M. SMITH, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 04-320 CIV1L TERM AFFIDAVIT OF SERVICE I, Co,oh? ~-~,~ , hereby certify that I am a competent adult and that I served a true and correct copy of the Complaint for Divome on the Defendant, Tina M. Smith, at the Monumental Life Insurance Co., 15 State Avenue, Carlisle, Cumberland County, Pennsylvania. Service was complete upon receipt by Tina M. Smith on the 27 day of February, 2004. 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 unswom falsification to authorities. Name SHAWN M. SMITH, Plaintiff V. TINA M. SMITH, Defendant : 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION-LAW DIVORCE AND CUSTODY No. 04-320 CIVIL TERM NOTICE 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. AFFIDAVIT UNDER SECTION 3301{d) OF THE DIVORCE CODE. 1. The parties to this action separated in 2000 and have continued to live 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 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 falsification to authorities. SHAWN M. SMITH Plaintiff TrNA M. SMITH Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 04-320 CIVIL TERM CERTIFICATE OF SERVICE I, Carolyn M. Fenton, hereby certify that on the 23 rd day of April, 2004, I served a true and correct copy of the Praecipe to Transmit the Record and Divorce Information Sheet on Tina M. Smith via first class mail, postage prepaid, to 337 Old Mill Road, Carlisle, PA 17013. Date Carolyn M. Fenton Certified Legal Intern FAMILY LAWCLINIC 45N. PiU St. Carlisle, PA 17013 717-243-2968 SHAWN M. SMITH Plaintiff TINA M. SMITH Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 04-320 CIVIL TERM CERTIFICATE OF SERVICE I, Carolyn M. Femon, hereby certify that on the 24th day of March, 2004, I served a tree and correct copy of the Notice of Imention to Request Entry of §3301 (d) Divome Decree and Defendant's Counter-Affidavit Under §3301(d) of the Divome Code on Tina M. Smith via first class mail, postage prepaid, to 337 Old Mill Road, Carlisle, PA 17013. 05/0.31o,4 Date Carolyn M. Fenton Certified Legal Intern FAMILY LAW C[1NIC 45 N. Pitt St. Carlisle, PA 17013, 717-243-2968 SHAWN M. SMITH Plaintiff 1N THE COURT OF COMMON PLEAS OF CUMBERLAND C, OUNTY, PENNSYLVANIA V. CIVIL DIVISION T1NA M. SMITH Defendant To the Prothonotary: NO. 04-320 CIVIL TERM PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: February 27, 2004 by personally delivering it to the Defendant. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff ; by defendant (B)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: March 19, 2004; (2) Date of filing and service of the plaintiffs affidavit upon the defendant: March 24, 2004. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: March 24, 2004 via first class mail. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date cARC~y r~,. ~ N M. FENTO~ ~q~udent Attorney TH~;. PLAC~ / LUCY ~OHNSTON-~LSH A~E ~CDONALD-FOX Supervising A~omeys FAMILY LAW CLINIC 45 North Piti: Street Carlisle, PA 17013 717/240-5204 SHAWN M. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION[ - LAW : DIVORCE TINA M. SMITH, Defendant TO: DEFENDANT: NO: 04-320 CIVIL TEPdVl NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE 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 April 19, 2004, 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 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. SHAWN M. SMITH, Plaintiff TINA M. SMITH, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : NO: 04-320 CIVIL TERM () () () () DEFENDANT'S COUNTER-AFFIDAVIT UNDER §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 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 ifI 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. IfI 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 notice to me, and I shall be unable thereafter to file any economic claims Date: Defendant IN THE COURT OF COMMON PleAS OF CUMBERLAND COUNTY STATE OF PENNA. Shawn M. Smith Plaintiff VERSUS Tina M. Smith Defendant No. _ o4-32o DECREE IN DiVORCe . _ , ~:~ ~ . DECREED THAT ~'~L~, PLAINTIFF, 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