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HomeMy WebLinkAbout08-5435GERALD E. SMITH, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW ° NO. _ 54f3 BARBARA ANN SMITH, 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or 800-990-9108 SAIDIS, FLOWER & LINDSAY SAIDIS, FLOWER & LINDSAY AMF24 YS . 26 West High Street Carlisle, PA Attorney Id. 4_4693 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff uire GERALD E. SMITH, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - W BARBARA ANN SMITH, Defendant IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Gerald E. Smith, Sr., an adult individual, residing at 333 Ponderosa Road, Carlisle, Cumberland County, Pennsylvania 17015. 2. The Defendant is Barbara Ann Smith, an adult individual, residing at 640 Boyermill Road, Chambersburg, Franklin County, Pennsylvania 17201. 3. The Plaintiff and Defendant both have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 13, 1980 in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the SAIDIS, FLOWER & LINDSAY 26 West High Street Carlisle, PA parties in this or in any other jurisdiction. 6. The Plaintiff has been advised that counseling is available and that he/she has the right to request that the court require the parties to participate in counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests entry of a divorce decree in his favor in accordance with §3301 of the Pennsylvania Divorce Code. SAIDIS, FLOWER & LINDSAY Carol J. Lindsay ; Attorney Id. 44"3/ 26 West High S ee Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff FLOWER ? LINDSAY 26 West High Street Carlisle, PA VERIFICATION I verify that the statements made in the foregoing document are true and correct. I SAIDIS, FLOWER & LINDSAY M15E WtiS•AT• AAW 26 West High Street Carlisle, PA understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsifications to a Date: e Nts c.- :> N a (( _? yy Rte' ? -=' 44 [' j GERALD E. SMITH, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. Olr - 5Z/3S BARBARA ANN SMITH, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Carol J. Lindsay, Equire, being duly sworn according to law, hereby deposes and says that on September 17, 2008, 1 served a true and correct copy of the Complaint in Divorce upon Defendant, by mailing those document to the her address at 640 Boyermill Road, Chambersburg, PA 17201 by Certified U.S. Mail, Restricted Delivery, Return Receipt Requested, as evidenced by the attached U.S. Postal Service Form 3811, Domestic Return Receipt, the latter of which is signed by the recipient, Barbara A. Smith. Respectfully submitted, SAIDIS, Carol J. Lindsay, ?s Attorney Id. 44693 26 West High S6eo Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff SAIDIS, FWVVER & UNDS" 26 West High Street Carlisle, PA Dated: September 18, 2008 Nuns ?, . S. mn OWN ?, . r itirtrd your bn the mvww •o #* vii vIH trim the coral to you. ' R?aMw ' by ( C. • Attwdh #f 101 1 bw* of Vo nMdFiroo. or an ttw spoos Pon *& d?IMMy f. MbNAd ldUr it ' it YE8, ?ekw bNow: ?j,?_ 640 ye.rrnf!l -3oC2.aL aa-nL6U.5 bu r? ?i li ??r ? : . ,. ? D 0~ MM D &pnm MM D Rplr- D RMuM Rrorlpt'*w MmcIwfio A +• 7ou 0150 0©:fl1 6-187 6x82 l?t? , lril?r?? i0M uww?trtwn R?yt nrrr??+rw SAIDIS, FLOWER & LINDSAY ATMEWM.n:uw 26 West High Street Carlisle, PA C'} ca ("s cz -n t. -r, r l s aC c r ' N ¢ i L y '1?^ GERALD E. SMITH, SR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW NO. 08-5435 BARBARA ANN SMITH, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT SAIDIS, FLOWER & LWDSAY nno?avexsnvuw 26 West High Street Carlisle, PA 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed September 12, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. I verify that the statements made in this Affidavit 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 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: A - / 7 o9 ,/ Gerald E. Smith, Sr. PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER6 3301 W OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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 to the best of my knowledge, information and belief. 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:01- 7 - o } Id E. SR , Sr. ?? ? , -+ ? , ?Y? _ , ;,,.? -v _ ?.: r "i' ? ?, ?? iR `,, GERALD E. SMITH, SR., Plaintiff V. BARBARA ANN SMITH, Defendant DEFENDANT'S AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed September 12, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the Decree. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5435 IN DIVORCE I verify that the statements made in this Affidavit 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 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: -- 1- 11 Ann 1. 1 consent to the entry of a final Decree of Divorce without notice. SAWIS, FLONVER & I.IlVDS" 26 West High Street Carlisle, PA 2. 1 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. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court and that a cope 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 to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: 7- .9 _J A, t ti ?t ' vt 9 & 0- k' Barbara Ann Smith % % lots cr, GERALD E. SMITH, SR., Plaintiff v BARBARA ANN SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-5435 IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Kindly transmit the record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Grounds for Divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on September 17, 2009, via certified mail. Proof of service was filed with the Court on September 22, 2009. 3. Date Affidavit of Consent required under Section 3301(c) of the Divorce Code was signed: By Plaintiff: February 17, 2009 and filed with the Prothonotary contemporaneously herewith. By Defendant: February 17, 2009 and filed with the Prothonotary contemporaneously herewith. 4. Related claims pending: None. 5. Date Waiver of Notice under Section 3301(c) of the Divorce Code was signed: By Plaintiff: February 17, 2009 and filed with the Prothonotary contemporaneously herewith. By Defendant: February 17, 2009 and filed with the Prothonotary contemporaneously herewith. SAIDIS, FLOWER &t LNIDSM 26 West High Street Carlisle, PA SAIDIS, Y Carol J. Lindsay Esquire Supreme o D No. 44693 26 West High Street Carlisle, PA 17013 717-243-6222 Attorney for Plaintiff r'+. F..3 F'-? ...? i?L7y _ ?.?'.?d yni ?T.; Y? ? _ V\yS? ^i ?F ?_ .......> .. 1 i??! ?--? .1 <? r } ''?/ [:, Gerald E. Smith, Sr. V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Barbara Ann Smith NO. 08-5435 DIVORCE DECREE AND NOW, F "e-3 " 14 _, IV , it is ordered and decreed that Gerald E. Smith, Sr. , plaintiff, and Barbara Ann Smith , 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. By the Court, Attest: J. Prothonotary 03J WE