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HomeMy WebLinkAbout08-7351CHRISTINE M. GUTSHALL, Plaintiff V. ROBERT E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 69= -? 3,571 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, 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, Pennsylvania 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. i CHRISTINE M. GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE ROBERT E. GUTSHALL, Defendant :NO. 3 S1 CIVIL TERM DIVORCE COMPLAINT The plaintiff, Ms. Christine M. Gutshall, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. M3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Ms. Christine M. Gutshall , who currently resides at 491 Petersburg Road 2. Carlisle, Cumberland County, PA, 17013 since September 1, 1996. 3. Defendant is Mr. Robert Gutshall, who currently resides at 165 Oakhill Road, 4. Carlisle, Cumberland County, PA, 17013 since June 1, 2008. 5. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 6. Plaintiff and Defendant were married on November 15, 2001, in Mount Holly Springs, Cumberland County, Pennsylvania. 7. Plaintiff and Defendant have lived separate and apart since June 1, 2008. 8. There have been no prior actions for divorce or for annulment between the parties. 9. The marriage is irretrievably broken. 10. 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. 11. Defendant is not a member of the armed services. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Karen Fernandez Certified Legal Intern MEGA RIESMEYE R Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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 / Plaintiff Ms. Christine M. Gutshall CJ rv co -L: r; CHRISTINE M. GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE ROBERT E. GUTSHALL 73S-1 Defendant NO. -6r' CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Christine Gutshall, 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. Respectfully Date I z. ? ?, Karen Fernandez Certified Legal Intern MEG RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C7 ? p -n r ? rl ? c7 c- `? ,? W j .,.U? 1 i \ g W A CHRISTINE M. GUTSHALL, Plaintiff V. ROBERT E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : No. 08-7351 CIVIL C To The Prothonotary: Please reinstate the Divorce Complaint at the above-captioned Karen Fe andez Certified L sal Intern X119" fall-Fox Attorney Date: February 9, 2009 e?.a t ? G j ? i:: ' - ,. ? ? `- y . - r'tt C ?• ? "i _ .?' ? (.s. J Christine M. Gutshall, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Robert E. Gutshall, Defendant NO. 08-7351 CIVIL TERM CERTIFICATE OF SERVICE I, Karen Fernandez, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Robert E. Gutshall, residing at 12 South Baltimore Street, Mt. Holly Springs, Pennsylvania, 17065, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Robert E. Gutshall, on the 13th day of February 2009 as evidenced by the attached green card. KCertified Legal Intern Meganiesmeyer, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C3 cm LL T s3 l V a m r- -0 ru m ti m 0 0 0 0 0- m 0 Ln 0 - ii ~y+{ ? 4=?4 Sjj CHRISTINE GUTSHALL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE ROBERT UTSHALL, nofA„.ir : NO. 08- 7351 CIVIL TERM AFFIDAVIT OF CONSENT i 1. AComplaint in Divorce under §§ 3301(c) of the Divorce Code was filed on December 18, 2008, ai 2.1 have elapse 3. I request enti I false sta falsifica Date .' reinstated on February 9, 2009. e marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days from the date of filing and service of the Complaint. Dnsent to the entry of a final decree of divorce after service of notice of intention to v of the decree. •ifv that the statements made in this affidavit are true and correct. I understand that herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn uthorities. DF 2 CStine Gutshall, Plaintiff 0, F THE P )TAR Y 2009 AY 20 Ai H: 54 CHRISTINE GUTSHALL, Plaintiff V. ROBERT TSHALL, Defendant i i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 08-7351 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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 exn nses 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 c py of the decree will be sent to me immediately after it is filed with the I ve 'fy 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 falsificatio to authorities. Date Christine Gutshal , Plaintiff lr-;i ;TAP Tf.iC t . , . 2609 11 A Y 0 Pig=, 11 -' 5 4 CHRISTINE M. GUTSHALL, Plaintiff V. ROBERT E. GUTSHALL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 08 - 7351 CIVIL TERM CERTIFICATE OF SERVICE I, Krystal J. MacIntyre, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Plaintiff s Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) of the Divorce Code and the Plaintiff s Affidavit of Consent on Defendant, Robert E. Gutshall, on July 9, 2009 by depositing a copy of the same in the United States mail to the following address: Robert E. Gutshall 12 S. Baltimore Ave. Mount Holly Springs, PA 17065 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Supervising Attorney ALEL; 1 = OF VIE -TARY 2009 JUL --9 Pil 2: C6 CUM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE GUTSHALL, CASE NO. 2008-07351 V. _i ROBERT GUTSHALL, CIVIL ACTION -LAW Defendant : IN DIVORCE Z AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c ) of the Divorce Code was filed on December 18, 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. I 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 unworn falsification to authorities. Date: Defendant Robert Gutshall IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE GUTSHALL, : CASE NO. 2008-07351 V. ROBERT GUTSHALL, Defendant CIVIL ACTION -LAW IN DIVORCE r:> d-l') -p-- WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE 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 made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. ?t t Date: efendant Robert Gutshall IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE GUTSHALL, CASE NO. 2005-07351 V. ROBERT GUTSHALL, Defendant : CIVIL ACTION -LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the prothonotary: rI.-I 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 ) §3304-(d) of the Divorce Code (Strike out inapplicable section). 2. Date and manner of service of complaint: Service made by U.S. First class mail and certified mail on February 13, 2009. 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 - May 15, 2009; by defendant August 4, 2010. {b)(1} affl&N* upon the mapendent- 4. Related claims pending: None 5. (Complete either (a) or (b)). (a) Date and manner of service of the notice of intention to file preacipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: May 15, 2009. Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: August 4, 2010. submitted, D.-Coover, Esquire iev ID 93285 44 S. Hanover Street Carlisle, PA 17013 CHRISTINE GUTSHALL V. ROBERT GUTSHALL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 200&07351 NO. DIVORCE DECREE AND NOW, 4 5u X Lf- ly , a0,10 , it is ordered and decreed that CHRISTINE GUTSHALL plaintiff, and ROBERT GUTSHALL , 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.") //,O/-l e By the Court, Attest: ?6• to• lC? ('?('-?. con I o ?zi?