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HomeMy WebLinkAbout08-5133 GORDON, JUSTIN D., Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW GORDON, AMBER N., : NO. 2008 -XW CIVIL TERM Defendant DIVORCE NOTICE TO DEFEND RIGUrS 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 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 Courthouse, I Courthouse Square, 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 A 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. Pennsylvania Lawyer Referral Line Lawyer Referral Services Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 GORDON, JUSTIN D., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -.LAW GORDON, AMBER N., : NO. 2008 -S12j CIVIL TERM Defendant DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE NOW comes Plaintiff and for cause of action against Defendant, who says: i Plaintiff, s Justin D; Gordon, Who resides in Shippensburg, Cumberland County, Pennsylvania with a street and mailing address of 950 Baltimore Road, Shippensburg, Pennsylvania 17257. 2. Defendant is Amber N. Gordon, who resides in Shippensburg, Cumberland County, Pennsylvania with, a street and mailing address of 107 Gilbert Road, Shippensburg, Pennsylvania 17257. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this complaint. Plaintiff and Defendant were married on July 14, 2006, in Frederick County, Virginia. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the court to require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The causes of action and sections of the Divorce Code under which the Plaintiff is proceeding are: A. Section 3301(c): The marriage is irretrievably broken. B. Section 3301(d): The marriage is irretrievably broken and the parties have been living separately and apart since May 26, 2008. If the parties do not agree to proceed under Section 3301(c) of the Divorce Code, then Plaintiff will submit an Affidavit alleging that the parties have lived separately and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a Decree of Divorce, divorcing the parties from the bonds of matrimony. Respectfully 'Submitted, NEUHARTH LAW OFFICES D.?r Paul M. Fergusofi Supreme Ct. No.: 203293 Attorney for Plaintiff P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 P&C.S. Section 4904, relating to unworn falsification to authorities. Date ustin D. Gordon to C W .I .. y:c v ra C::? C; C=O Gs N) i ot, wz-,? w , 1 GORDON, JUSTIN D., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GORDON, AMBER N., : NO. 2008 - 5133 CIVIL TERM Defendant DIVORCE AFFIDAVIT OF SERVICE I, Paul M. Ferguson, of Neuharth Law Offices, hereby state that on August 27, 2008, I mailed by First Class U.S. Mail and by Certified Mail, No. 7007 2560 0002 5856 0212, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant Amber N. Gordon at 107 Gilbert Road, Shippensburg, Pennsylvania 17257, the last known mailing address of Defendant, which documents were received on August 27, 2008, as evidenced by the attached Domestic Return Receipt. (See Attached Exhibit A). 6 Paul M. Ferguson Supreme Ct. ID 4: 203293 Attorney for Plaintiff Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 I • 1, 2, and 3. Also complete + If cted Delivery is desired. • Print your name 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: sL('ffe4-5L p4 A. Sign AM 4,-be? /V• 6v o, to 7 G koa ? n X& _arob Ad d,-- 014 OA Received by Name?) j C. e of Delve" ?. CO C21 .T/y / l N O ' ?t D. IsdalWery address different from Item 1? 0 Yes If YES, enter delivery address below: ? No 4;,A 1, 3. Ifype rRegistered ail 0 Express Mail 0 Return Receipt for Merchandiw 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7007 2560 0002 5856 0212 (rianster from sewiice fabe/} Pe Form 3811, February 2004 Domestic Retum Receipt 02595 02 M tsw . Exhibit A C'? c r t'1 ? ' t i * ' ,, - ' ? c..: ??..' s. - ? ? ?, «. , , ? ,, GORDON, JUSTIN D., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GORDON, AMBER N., : NO. 2008 - 5133 CIVIL TERM Defendant DIVORCE AFtIDAVIT OF CONSENT I 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 26, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 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. 4. 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. 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 01ustin D. Gordon N ' n;rt !? _ ?. p - ? ? ?' _ .? GORDON, JUSTIN D., Plaintiff V. GORDON, AMBER N., Defendant WAIVER 1. I consent to the entry of a final decree of divorce without notice. E 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 Waiver 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 5133 CIVIL TERM DIVORCE A-03-Ur 4g&e4& pL Arsl? Date ;?I-ustin D. Gordon s " C'7 7 y_ GORDON, JUSTIN D., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GORDON, AMBER N., : NO. 2008 - 5133 CIVIL TERM Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 26, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 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. 4. 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. 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. 42-T o8' o Date Amber N. Gordon ? 3?{.? ,p?I?•'^ '??. {' ??? '' ? '„?: © ??? ?] ?=? ?? ? A ?=;,,. ?. ? GORDON, JUSTIN D., Plaintiff V. GORDON, AMBER N., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008 - 5133 CIVIL TERM DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) 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 Waiver 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 Amber N. Gordon r..o _ 3XI i T GORDON, JUSTIN D., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW GORDON, AMBER N., : NO. 2008 - 5133 CIVIL TERM Defendant 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: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of se ice of the Complaint: Defendant accepted service of the Complaint on August 7, 2008. 3. Date of execution of toe Affidavit of Consent required by 3301(c) of the Divorce Code: by Plaintiff: August 3, 2008; by Defendant: August 3, 2008. 4. Related claims pending: None. 5. Date Plaintiff's Waive of Notice in 3301 Divorce was filed with the Prothonotary: December 10, 2008. Date Defendant's Waiver of Notice in 3301 Divorce was filed with the Prothonotary: December 10, 2008. I II Paul M. Fergusod Supreme Ct. No.: 203293 Attorney for Plaintiff Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 n ° C tF _ -a rrt !, y ? ?n F' JUSTIN D. GORDON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. AMBER N. GORDON NO. 2008 - 5133 DIVORCE DECREE AND NOW, o, OWK it is ordered and decreed that JUSTIN D. GORDON , plaintiff, and AMBER N. GORDON defendant, are divorced from the bonds of matrimony. 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.") NONE. the Court, Attest: J. Prothonotary ?? ? ?-?? ?? .: w ? ?"+ r F y