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HomeMy WebLinkAbout08-7227 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com ASHLEY R. HUGHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA N. : CIVIL ACTION - LAW JOSEPH A. GARBACIK, : NO. 2008- SAM CIVIL TERM Defendant : IN DIVORCE 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 at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania, 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Please 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. 2 LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com ASHLEY R. HUGHEY, Plaintiff, V. JOSEPH A. GARBACIK, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 2008- 7.2 J-7 CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Ashley R. Hughey, an adult individual who has resided at 512 East Coover Street, Mechanicsburg, Cumberland County, Pennsylvania since on or about September 14, 2008. 2. Defendant is Joseph A. Garbacik, an adult individual who has resided at 5962 Burlington Drive, Harrisburg, Dauphin County, Pennsylvania since on or about September 14, 2008. 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 June 14, 2008, in Lewisberry, York County, Pennsylvania. 5. Plaintiff and Defendant separated on September 14, 2008. 3 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 Plaintiff may have the right to request that the court require the parties to participate in counseling. COUNT I -- DIVORCE 9. The prior paragraphs of this Complaint are incorporated by reference as though fully set forth herein. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. Plaintiff requests the court to enter a decree in divorce. WHEREFORE, Plaintiff prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: That a decree in divorce be entered dissolving the marriage between the two parties. LAW OFFICES OF PETER J. RUSSO, P.C. Date: la - 9 - C Attorneys for Plaintiff Peter J. Russo, Esquire I D # 72897 &7` Elizabeth J. Saylor, Esquire I D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 4 VERIFICATION I, Ashley R. Hughey, verify that the statements made in the foregoing document(s) are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: be Ashley R. H ey flp Ul O r" =C It •- . a LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com ASHLEY R. HUGHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH A. GARBACIK, : NO. 2008-7227 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) and in the manner indicated below: US Regular Mail; and Certified Mail, Restricted Delivery, Return Receipt Requested, and addressed as follows: Joseph A. Garbacik 5962 Burlington Drive Harrisburg, PA 17112 4&1-vJ S-?/sJcttihaA Amber L. Southard, Paralegal Date: 12-112 [0R 6 .14 Ira ASHLEY R. HUGHEY, Plaintiff, V. JOSEPH A. GARBACIK, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2008-7227 CIVIL TERM IN DIVORCE ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted 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: JO?ph A- C?o,rbcxcik 5902 p,ur\i?-?CX1 ?C . Hcvc s burg,SPA 1-11 (2 A. Signature r , ? Agent x_ , I? Addressee B. Rer? y (R N ) C. Date of Delivery /1 /I D. is delivery address different from item 11 ? Ye: If YES, enter delivery address below: ? No 3. Service Type )i Certified Mail ? Express Mail ? Registered )t Return Receipt for Merchandlse ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Exha Fee) bf Yes 2. Number (Transfer from om service /abeQ 7007 0710 0000 6831 7128 PS For, 3811, February 21)04 Domestic Return Receipt 102595-02-M-1540 ; C7 ?- C. ? ??' ? ._, `;b ..k - ,i° `? ?+ ? Q ' 0. .«? ? LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com ASHLEY R. HUGHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH A. GARBACIK, : NO. 2008-7227 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 10, 2008, and served on Defendant on December 13, 2008. 2. The marriage of plaintiff and defendant is irretrievable 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 of 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. 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: -?? (gq Ashley R. H ey V ?? ?_Y .? p ' ? ~ `? { a? r? ?++?^ ??? '}??? f ? • `? -. U LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com ASHLEY R. HUGHEY, Plaintiff, V. JOSEPH A. GARBACIK, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008-7227 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. 1 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 statement 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: ?tlO D 9 Ashley R. Hughey P+J C_"3 ? ;.? `? .. ' ?? .? '^"? i 7 F ,.?i ? ' :r .,? _,? ? _ y ..,. .. :-lr ..? ? LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjrlaw.com ASHLEY R. HUGHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOSEPH A. GARBACIK, : NO. 2008-7227 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on December 10, 2008, and served on Defendant on December 13, 2008. 2. The marriage of plaintiff and defendant is irretrievable 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 of 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. 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: d? Jos ph back v 9 ° r ?a V LAW OFFICES OF PETER J. RUSSO, P.C. BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: lsaylor@pjdaw.com ASHLEY R. HUGHEY, Plaintiff, V. JOSEPH A. GARBACIK, Defendant Attorneys for Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2008-7227 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. 1 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 statement 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. Date: 3-20.0`1 Jo eph arbacik +,?,; ? ? J C"-` - ?? .- -Tl -_^? ?; -r :'' e ?, ? ?..: ? , c?.s - - ,-? _ -.. .1 F_I ?? -ia 4 t LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjdaw.com ASHLEY R. HUGHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH A. GARBACIK, : NO. 2008-7227 CIVIL TERM Defendant : IN 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 service of the complaint filed on December 10, 2008: Certified Mail, Return Receipt Requested, Restricted Delivery to Defendant, who accepted service on December 13, 2008. 3. Date of execution of the Affidavit of Consent and Waiver of Notice required by § 3301(c) of the Divorce Code: (a) By Plaintiff Ashley R. Hughey, on March 20, 2009; (b) By Defendant Joseph A. Garbacik, on March 20, 2009. 4. No other related claims are pending. 5. Plaintiffs Affidavit of Consent and Waiver of Notice are being filed with the prothonotary simultaneously herewith. Defendant's Affidavit of Consent and Waiver of Notice are being filed with the prothonotary simultaneously herewith. LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys Ypf Plaintiff Peter J. Russo, Esquire I D # 72897 Elizabeth J. Saylor, Esquire I D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 Date: 3 -,;?o -y7 LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff BY: Elizabeth J. Saylor, Esquire PA Supreme Court ID: 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 Telephone: (717) 591-1755 Facsimile: (717) 591-1756 Email: Isaylor@pjrlaw.com ASHLEY R. HUGHEY, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JOSEPH A. GARBACIK, : NO. 2008-7227 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Defendant's Affidavit of Consent, Defendant's Waiver of Notice, Plaintiff's Affidavit of Consent, Plaintiff's Waiver of Notice, Praecipe to Transmit Record, and Proposed Divorce Decree upon the person(s) and in the manner indicated below: U.S. Mail addressed as follows: Joseph A. Garbacik 5962 Burlington Drive Harrisburg, PA 17112 Pro se Defendant Amber L. Sout ard, Paralegal Date: 3120109 ? ? N r7 _'? ; t l ?= ? 7-. t , C n.) r?', %) f_+_ --- '? .. -i .?'=' C? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ASHLEY R. HUGHEY V. JOSEPH A. GARBACIK No. 2008-7227 CIVIL TERM DIVORCE DECREE AND NOW, `?it is ordered and decreed that ASHLEY R. HUGHEY , plaintiff, and JOSEPH A. GARBACIK , 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 Codtf,- '/ Attester J 7 Prothonotary ??` ?R ?.