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HomeMy WebLinkAbout09-2644In the Court of Common Pleas, Cumberland County County, Pennsylvania In Re the Marriage of: Julia L. Small Term, 2 Plaintiff V. Case Number: -0? y 6w l David L. Small Defendant Notice to Defend and Claim Rights TO: David L. Small You have been sued in Court. If you wish to defend against the claim 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 child(ren). When the grounds for divorce are 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 , Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Lawyer Referral Service (enter address below): Phone: AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County 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 seventy-two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference of hearing. Date• `'t - )? . ai ? U Julia L SmiA(I Print Name (Plaintiff) 2g? 02? kture (Plaintiff) Mailing Address: 16 Beechcliff Drive, Carlisle, Pennsylvania, 17015 Phone: 717-701-2081 In the Court of Common Pleas, Cumberland County County, Pennsylvania In Re the Marriage of: Julia L. Small Plaintiff V. David L. Small Defendant Term, 2 Case Number: el i- 2 G Y `f ) Complaint for Divorce COUNTI REQUEST FOR DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. Plaintiff is Julia L. Small, who currently resides at 16 Beechcliff Drive, Carlisle, PA, 17015 2. Defendant is David L. Small, who currently resides at 12222 Polketown Road, Waynesboro, Pennsylvania, 17268 3. Julia L. Small (the Plaintiff) has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six(6) months immediatley preceding the filing of this Complaint. 4. The parties were married on June 18, 1993 in the city of Hagerstown, in the state of Maryland. Attached hereto and marked Exhibit "A" is the certificate of marriage evidencing said marriage. 5. The Plaintiff is not currently pregnant. 6. There are no minor children born or legally adopted of the marriage. 7. Military Status: The Plaintiff is is not in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. The Defendant is not in the military or naval service of the United States or its allies within the provisions of the Soldier's and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 8. There have been no prior actions for divorce or annulment between the parties 9. There are no protective orders between the Plaintiff and Defendant. 10. The Defendant has been advised of the availability of counseling and the right to request that the Court require the parties to participate in Counseling. 11. The marriage of the parties is irretrievable broken. 12. After 90 days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests that a decree of divorce be entered pursuant to Section 3301(c) of the Divorce code dissolving the marriage between Plaintiff and Defendant. COUNT II REQUEST FOR INCORPORATION OF MARITAL SETTLEMENT AGREEMENT PUSUANT TO SECTION 3104(A)(1) AND (3) AND 3323(B) OF THE DIVORCE CODE 13. Paragraphs 1 through 12 are incorporated herein and made part hereof by reference as though fully set forth. 14. Plaintiff and Defendant have reached an agreement on issues including, but not limited to the following; Property and Debt, Retirement Accounts, Spousal Maintenance, Health Insurance, and Tax Filings. WHEREFORE, Plaintiff respectfully requests that this Court approve and incorporate a signed Marital Settlement Agreement reached between Plaintiff and Defendant in the final divorce decree, pursuant to Sections 3104(a)(1) and (3) and 3323(b) of the Divorce Code. Furthermore, the Plaintiff has chosen to act as her own attorney in a pro se fashion, and understands that she has the legal right to representation by an attorney. She fully understands her rights and considers the terms of the parties' agreement to be fair and reasonable. (-\ n C .n G I n Plaintiff VERIFICATION I verify that the statements made in the Complaint for Divorce are true and correct. I understand that false statements made herein are subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Nat-k A b"? Plaintiff Date:-q-6 0 © 1 U k 0 L S Print Name (Plaintiff, Pro Se) Mailing Address: 16 Beechcliff Drive, Carlisle, Pennsylvania, 17015 Phone: 717-701-2081 In the Court of Common Pleas, Cumberland County County, Pennsylvania In Re the Marriage of: Julia L. Small ) Term, 2 Plaintiff ) V. Can Number: David L. Small ) Defendant ) Affidavit of Verification THE STATE OF: PA COUNTY OF: Cumberland BEFORE ME, Julia L. Small, the undersigned authority and the Plaintiff in the above referenced case, on this day personally appeared who, being by me duly sworn, upon oath says: My name is: Julia L. Small Social Security #: 175-52-6339 Driver's License/ State ID #: 18875860 My mailing address is: 16 Beechcliff Drive, Carlisle, Pennsylvania, 17015 Phone: 717-701-2081 The facts contained within the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief, and that I am authorized to make this affidavit. Date: L4' Z 5 a 001 j V, S MAU Print Name (Plaintiff) S ature (Plaintiff) SWORN TO ANDS SCRIBED BEFORE ME by the said L"-)0, on this ?-- to certify which witness my hand and seal of office. Notary blic, State of Notary Seal 1 My commission expires: COMMONWEALTH OF PENNSYLVANIA Nobrial Sea'. Jennifer N. Grove, Notary PutAIC Silver Spring Twp., WnbWand Count My CommKAon Expires Jan. 2% 2012 Member, Pennsylvania Association of Notaries r._ Y 2LHI i A R 28 A 110: 5 9 3.3? . SZ?/oal < /* ek? ` e/ 33 ';L-