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HomeMy WebLinkAbout04-0854IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, PLAINTIFF, Civil Action---Divorce Docket No.(?)J(-ACV l Eu?l,? V. CAMERON M. SIMMONS, DEFENDANT, NOTICE TO DEFEND AND CLAIM OF 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. 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 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, PLAINTIFF, Civil Action---Divorce Docket No. V. CAMERON M. SIMMONS, DEFENDANT, AVISO PARR DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de ]as quejas expuestas on las paginas siguientes, debe tomare accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulaminento puede ser emitido on su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensation reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible on la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6)-------Indignities 23 Pa.C.S. & 3301(c)----------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)----------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S. HAZLETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW Atto?r* for Plaintiff 20 South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, PLAINTIFF, Civil Action---Divorce n/? DocketNo.('A - iSV (21cjt,?,?F2f-L V. CAMERON M. SIMMONS, DEFENDANT, COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff is Sheri L Simmons, an adult individual, sui juris an who currently resides 205 Reno Avenue, New Cumberland, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Cameron M. Simmons, an adult individual, sui juris, who currently resides at 682 South Second Street, Steelton, in the County of Dauphin, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 3rd day of May, of 1997, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNTI GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since May of 2003. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. There is one biological child born to the mother with the same child adopted by the defendant father. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. COUNTI GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this 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 unworn falsification to authorities. Sheri L. Simmons, Plaintiff Date. F ?3 ^0l ? ? ?? C '? "0 O O ? ?tJ f -? ., ? > J IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, PLAINTIFF, V. CAMERON M. SIMMONS, DEFENDANT, Civil Action---Divorce Docket No. 04-854 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Cod March 1", 2004 and served upon the defendant on March 23`d, 2004 Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and nineiy a hav* # elapsed from the date of service of the divorce Complaint. I ` 4n 3. 1 consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: S 3/ ZaoS' Cameron M. Simmons, Defendant O ?, _., i ? ?'?? G 5'1'1 r"z ;g ; ?; , t .?; ?, .?a,-? ?: ;fir ? ? .? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, PLAINTIFF, Civil Action---Divorce Docket No. 04-854 V. CAMERON M. SIMMONS, DEFENDANT, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DVORCE DECREE UNDER S 3301IC1 OF THE DIVORCE CODE a _ o ai 1. I consent to the entry of a final decree of divorce without notice. `^ =i 2. I understand that I may lose rights concerning alimony, division of prope ty ila 'N*es or, - expenses if I do not claim them before a divorce is granted. ? v =' rY '' 3. I understand that I will not be divorced until a divorce decree is entered e &burt thgl, a copy of the decree will be sent to me immediately after it is filed with the protho t y. ' ? , I verify that the statements made in this affidavit are true and correct. I understand that false statemen s herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: S - 8! - 2vo 5' C?Gl^-,_- 014. ,j?- Cameron M. Simmons, Defendant ? ?-' ? o -?' c = „? r y 7 ' , f ( .. _ « i N 1 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, PLAINTIFF, Civil Action---Divorce Docket No. 04-854 V. CAMERON M. SIMMONS, DEFENDANT, AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 1", 2004 and served upon the defendant on March 23d, 2004 by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers 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. Cons. Stat. S 4404 relating to unsworn falsification to authorities. Date: s-3/ ZOOS' y,? "'' Cameron M. Simmons, Defendant ' c ? ??, ? ul ' ?,:- L,. m ? s„ t?. tp r.,a . ?S' :a Cf1 G -{ .." IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, PLAINTIFF, Civil Action---Divorce Docket No. 04-854 V, CAMERON M. SIMMONS, DEFENDANT, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DVORCE DECREE UNDER & 330IICI OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 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. 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 trade subject to the penalties of 18 Pa.C.S. Section 4404 relating to unworn falsification to authorities. Date: u`" 31- ZUO 5' (?i, 01,4. Cameron M. Simmons, Defendant n ? o Y r i c_ 'CD s? a CFl `7J PV -": IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, Plaintiff, V. CAMERON M. SIMMONS, Defendant : No. 2004-854 Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DVORCE DECREE UNDER 5 3301[C1 OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 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 [Wade subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. 1 Date: 0o f) &J (JKA1kC&V Sheri 1. Simmons, Plaintiff o O m LhC-, rn cr% J? r;. C ; ?? C7 rn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, Plaintiff, V. CAMERON M. SIMMONS, Defendant No. 2004-854 : Civil Action - Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 1", 2004 and served upon defendant on March 23`d, 2004 by way of an Acceptance of Service, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: l?lU t?? Sheri L. Simmons, Plaintiff ? Q m CJ1 ? o ?c ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, PLAINTIFF, Civil Action---Divorce Docket No. 04-854 vs. CAMERON M. SIMMONS, DEFENDANT, CERTIFICATE OF SERVICE I, Gregory S. Hazlett, Esquire, hereby certify that on the 23RD day of March 2004 I made service of the foregoing Divorce Complaint and related documentation upon the defendant Cameron M. Simmons by way of first class mail postage prepaid to the following address listed hereunder.. CAMERON M. SIMMONS 682 S. SECOND STREET STEELTON, PA. 17113 DATED: 8/15/2005 GREGORY S. H ZLET re or , a quip Main t o 7 W t chanicsburg, , PA. 17055 91 717-790-5500 o ?' °, c G {n ?,, ?t C? C??{ l° V? y?i,l_ ?~ 'fl. L ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, Plaintiff, : No. 04-554 V. Civil Action - Divorce CAMERON M. SIMMONS, Defendant ACCEPTANCE OF SERVICE I Cameron M. Simmons, accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter. I acknowledge that I am the Defendant in said matter or that I am authorized to accept on behalf of the Defendant. Cameron M. Simmons, Defendant 108 5 Zid 5-i6 5kd1ot? P44 17113 Mailing Address 4 r .-i= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, Civil Action---Divorce PLAINTIFF, Docket No. 04-854 VS. CAMERON M. SIMMONS, DEFENDANT, PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the l ST, day of March 2004 served by Acceptance of Service on the 23rd day of March 2004. (attached hereto) 3. The plaintiff, signed her Affidavit of Consent and Waiver of Notice of Intention on the 10°i day of August 2005. 4. The defendant signed his Affidavit of Consent and Waiver of Notice of Intention to Request Entry of Divorce Decree on the 3 V day of May 2005. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree pursuant to Rule 1920.72 a copy of which is attached hereto Date: 8/7 512 005 d _i!s=??/ 7 ,West Main Street Mechanicsburg, PA. 17055 717-790-0490 Atty. I.D. 69528 e, o 't; t:'--?' G ?7 ^R n,r P cr) - < rn SHERI L. SIMMONS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CAMERON M. SIMMONS NO. 2004 - 0854 CIVIL TERM CIVIL ACTION - LAW ORDER OF COURT AND NOW, this 25TH day of AUGUST, 2005, the request for the entry of a final decree is DENIED without prejudice for the following reasons: Defendant's affidavit of consent was exhausted within thirty (30) days of its filing as required by Pa. R.C.P. 1920.42 (b) (2). Court, E. Guido, J. Gregory S. Hazlett, Esquire For the Plaintiff `V-7 :sld b- 29 oS/ l- l'v `z Wd z 90 SUUG H. JO vs cam, I IN&M/S Case No. -? --a-g5, / Statement of Intention to Proceed To the Court: r , h F-11'_/ ? &0/&, intends to proceedwith the above captioned matter. Print Namer T, 9, ? .. %Z?h?gn Name Date: ?' Y?//O 14 ?< Attorney for Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for faiiure to prosecute." if a party wishes to pursue the matter, hu or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. ra o -.?? '"? ?.+? r „'{? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA SHERI L. SIMMONS, Plaintiff, No. 2004-854 V. Civil Action - Divorce CAMERON M. SIMMONS, Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 1", 2004 and served upon defendant on March 23rd, 2004 by way of an Acceptance of Service. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: ?? - .3::? - ?? ? - _•, Cameron M. Simmons, Defendant FILED- ;I=FK"E OF THE P;,-)THM "ARY 2009 NOV 25 AM 9: 03 CUM _ .:}j'LJNTY PENNSYLI1r.Nm ? her ? L, S tmmows Pdu t n/fd ff VS. Capiprow IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. CIVIL TERM PRAECIPE TO TRANSMIT 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: Irretrievable breakdown under 3301 (c) (Strike out inapplicable section) 2. Date and manner of service of the complaint: 3. o p ete ei her paragr h (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 o ;the affidavit required by 3301 (d) of the Divorce Code: A)) ft (2) Date of filinJJg and service of the plaintiff's affidavit upon the respondent: 6/04 I 4. Related claims pending: / l? /Ufd 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: b. Date of plaintiff's 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 Y Prothonotary: ±9 DEC '"?, 'i'1. t: q.0 SHERI L. SIMMONS V. CAMERON M. SIMMONS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-854 DIVORCE DECREE AND NOW, SHERI L. SIMMONS ( , it is ordered and decreed that CAMERON M. SIMMONS bonds of matrimony. plaintiff, and , defendant, are divorced from the 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.") 004L'- B) Attest: J. Protho otary