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Home My WebLink About09-1411t 1 4. KATHRYN P. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW STEPHAN K. SMITH, NO. v 9 L111 0-1?;l T CIVIL TERM Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You hav? 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 will proceed without you and a decree of divorce or annulment may be entered against you for any claim or reli f 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, Carlisle, Cumberland County, Pennsylvania, 17613. YOU SH ULD 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 PR VIDE 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 TOELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 . f. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09- i q11 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE j NO FAULT KATHRYN P. $MITH, Plaintiff STEPHAN K. SMITH, Defendant I 1. Plaintiff is Kathryn P. Smith, an adult individual currently residing at 16 Spring Driv?, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Stephan K. Smith, an adult individual believed to currently be residing at 94 Naugle Road, Shippensburg, Cumberland County, Pennsylvania. 3. Plaint ff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at east six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 26, 2002, in Cumberland County, Penns lvania. 5. There ?ave been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forc6s or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not d?sire that the Court require the parties to participate in counseling. 8. Plain?iff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaint?iff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, kW\j't11' N11LM A N dl rx Hannah Herman Snyder, Esquke Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify hat the statements made in the foregoing document are understand that false statements herein are made subject to the penalties of 4904, relating to!unsworn falsifications to authorities. true and correct. I 18 Pa.C.S. Section DATE: KATHRYN WP. S ITH, Plaintiff A qtr? 3 ? 9 a, te 73 V W l ,'.i, KATHRYN P. SMITH, Plaintiff V. STEPHAN K. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW : NO. OI - 1'4 It CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Complaint in Divorce was sent to Defendant, Stephan K. Smith, at his address of 94 Naugle Road, Shippensburg, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on March 10, 2009. Sworn and subscribed to before me this 34" day of CJ _, 2009 NOTARYaBLIC MONMIt ? OW L MM IMP W11 VdIft ?N? ?wMMM "MM Mw L !M! Hannah Herman-Snyder, Esqui Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Postal CERTIFIED MAIL : REC EIPT C3 (Domestic Mail Only'"No In surance C overage Provided) M OFFIC IAL USE Ln Postage $ Q A ' ?0 ? r1! Certified Fee V P ru O 0 Return Receipt Fee (Endorsement Required) J H f - C3 Restricted Delivery Fee (Endorsement Required) Q. J 10 Cb O $ USPS rru Total Postage & Fees C3 nt o rs e ------ m l ------- C3 C3 t. T7o:; Street, - ------Ap -- ----T"- or PO Box No. A 1 4 K . -- . . s. ------- ---- - - - ------ ---- ---- City State, ZIRr i S ' PS Form s ¦ 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: S+eplw? K.S?? A. Sll;natum / X 0 Agent ? Addressee B. FGcelved by (RiMed ) C. Date of Delivery 4L 1 D. Is delivery address different from ften 1 T ? Yes M YES, enter del" address below: 13 No ?W le ? W n D ?n S ki/?C?r `S r n /? PA 3. Service Type M Certified Mail E3 EWm Mall 0 Reglstored W Retum Receipt for MerolNr? o Inat,ted man ? C.O.D. 4. Resticted Delivery ! (Extra Fee) Jx Yea 2. Article Number m 7007 0220 0002 2526 6230 Ps Form 3811, February 2004 Domestic Retum Receipt 102595-02-M-1 540 ['?_ r° ? ? y .sa ?, 41 Lrr ? :. ? KATHRYN P. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNS).I VANIA,T CZ C -r V. CIVIL ACTION --LAW rn m -n ry 1 STEPHAN K. SMITH, NO. 09-1411 CIVIL TERM ; CIA 1 Defendant .. C.. IN DIVORCE `?7 NOTICE If you wish to deny any of the statements set forth in the attached affidavit, you must file a counter-affidavit within twenty days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER 43301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or before February 13, 2009, and have continued to live separate and apart since that time. 2. The marriage is irretrievable broken. 3. 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 the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsifications to authorities. DATE: -1< 11 6 ? KATHRYN P. SMITH, Plaintiff KATHRYN P. SMITH IN THE COURT OF COMMON PLEAS OF - , C ) Plaintiff CUMBERLAND COUNTY, PENNSYUVANIA-T-1 V CIVIL ACTION --LAW F - . "77 Co _ um 7r c STEPHAN K. SMITH, NO. 09-1411 CIVIL TERM - Defendant IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICE r } Now comes Kathryn P. Smith, Plaintiff in the above-captioned matter, and pursuant to the provisions of 18 Pa. C.S. Section 4904, deposes and says that the Defendant in this action, to wit, Stephan K. Smith, is to the best of her knowledge, not a member of the United States Armed Services, and at such time as this action was filed and at all times thereafter, was serving neither in any active or inactive capacity with any branch of the United States Armed Forces. I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Date: a hryn P. , mith, Plaintiff _2 Psi 12: t k.l?rs} KATHRYN P. SMITH, Plaintiff V. STEPHAN K. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 09-1411 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a 3301(d) Affidavit, with Counter Affidavit, and Affidavit of Non-Military Service, with said Affidavits filed on February 15, 2011, were sent to Defendant, Stephan K. Smith, at his address of 94 Naugle Road, Shippensburg, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on February 26, 2011. v l Nt:.Ak 'U\J A - dn.Ae41a Hannah Herman-Snyder, EsquA Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 Sworn and subscribed to before me this h day of , 2011 NO R? UBLIC FNNOMM SEAL ELLY l PEREt otary Public UGH. CMIERIA D COIlY ion Expires Jan S, 2012 • m .. Only; Provided) M _0 For delivery ' M CID Postage $ Scan,. 0 Certified Fee %,?? f ? C3 C3 Retum Receipt Fee (Endorsement Required) ^; ` . t ! R- C3 Restricted Delivery Fee (Endorsement Required) } <= / cEl C3 Total Postage & Fees $ M ha l C3 (?- ----- - Simei. ApCNo. or PD Box No. - -- ---d. --------------- ??- ------- ----- CIty dim, ZIP+<< ¦ C w plats items 1, 2, and 3. Also oornplete 4 If Restricted Delivery is desired. ¦ Print-your name and address on the reverse so that we can return the card to you. ¦ Aftch this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: S+0 1M K, -5rn( ?? Cq ate. N ?e R-0 aJ Sk, ppens m-63-) PA V7 ;Ls-7 A. B. Received by ( Printed C. Date of DMNry D. Is delivery address different i.. ?2 ? Yea if YES, enter delivery (>?? No 3. pS,,r,,v,i?cGer?e ?Ty?p?e c? Xe?tifled Mail ? &PreesMaO' ? Registered )ORetum Receipt for Me &MV1M ? insured mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Agwtt 2- ARMoleNuMtW 7009 0080 0001 8043 6336 (Mansfer bnm sevvloe bW - - - ----- P9 form 3811, Ferusry 200+1 Donueft Retum Receipt 102595.0244.1W KATHRYN P. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW STEPHAN K. SMITH, NO. 09-1411 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF SERVICE I confirm that I did this 2 day of 0 , 2011, hand deliver a true copy of the Notice of Intention to Request Entry of a Divorce Decree in 3301(d) Divorce and Counter Affidavit required by Pa. R.C.P. 1920.42 to Stephan K. Smith at the following address: Sworn and subscribed to before me this day of , 2011. N tart' P?tlic ?YLPM F:$Mw OV&^ am w W2 a " L &PON ion 07, c rnca x? E,,r f... Z I>t'3 a b C_ w CD Z N N W C -n -+ -o ? oc 5-n vn --ern 2" 1 q _ FILED-OFFICE OF THE PROTI-iC'NO _APY 2011 JUL 18 AM 8: 15 CUMBERLAND COUNT`:' PENNSYLVANIA KATHRYN P. SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW STEPHAN K. SMITH, NO. 09-1411 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: 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: March 10, 2009, as indicated in the Affidavit of Service. 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: by Defendant: (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: February 14, 2011 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed February 15, 2011 and service was made on February 26, 2011. 4. Related claims pending: None 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: Served via Constable on June 24, 2011. (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 Prothonotary: v "N CAM an1??r1? `l Hannah Herman-Snyder, Esqui GRIFFIE & ASSOCIATES Attorney for Plaintiff 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 KATHRYN P. SMITH, Plaintiff V. STEPHAN K. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09-1411 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I confirm that I did this _ day of 0 yk'[ , 2011, hand deliver a true copy of the Notice of Intention to Request Entry of a Divorce Decree in 3301(d) Divorce and Counter Affidavit required by Pa. R.C.P. 1920.42 to Stephan K. Smith at the following address: L 0z --1 (, ? J (Constable) Sworn and subscribed h ` "- to before me this? Z day of , 2011. c » " N o° 05 wo ca -n N tary P lic low-c-) y °c = =.Z5 rn = F rm" MYLMM rubft CIS bom" .roe ?ZOtZ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KATHRYN P. SMITH V. STEPHAN K. SMITH NO. 09-1411 DIVORCE DECREE AND NOW, it is ordered and decreed that KATHRYN P. SMITH plaintiff, and STEPHAN K. 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, 7 •,20.11- Ce1?- y "Ake?c ? 7LO