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HomeMy WebLinkAbout09-4648ANNE LODGE-SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. pq - s4U'4% Civil Term DENNIS SMITH, ACTION IN DIVORCE Defendant 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 ANNE LODGE-SMITH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. v9- ?L y Civil Term DENNIS SMITH, ACTION IN DIVORCE Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Anne Lodge-Smith, who resides at 4389 Carlisle Road, Gardners, Cumberland County, Pennsylvania, 17324. 2. Defendant is Dennis Smith, who is believed to reside in Cumberland County. His exact address is unknown at this time. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 25, 1995 in Frisco, Texas. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of America or any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint 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 7\\36`1 l nne Lodge-Sm' ' Plaintiff Respectfully submitted, Ja Adams, Esquire 1. o. 79465 U)ar est South St. le, Pa. 17013 245-8508 8 ATTORNEY FOR PLAINTIFF FILE` r. ry. • f {t? f ? lTA n.KY 2 J_ 13 X338. So Po AT'M Cy- 4CR 1 ,*a'79 oa ANNE LODGE-SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 4648 Civil Term DENNIS SMITH, : ACTION IN DIVORCE Defendant ACCEPTANCE OF SERVICE PURSUANT TO PA.R.C.P 4 02(6) AND PA.R.C.P. 1920.4 I, Dennis Smith, Defendant, in the above-captioned matter, hereby accepted service of the Notice to Defend and Complaint in Divorce on the date listed below. I hereby waive any and all defects in service of the aforementioned Complaint or any amendments hereto. Date: COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the4J("day of c_Wl 2009, before me, the undersigned officer, personally appeared DENNIS SMITH, known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he/she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. N ry Public My commission expires: ?o?I?PI101 SEAL COMMONWEALTH OF PENNSYLVANIA Notarial Seal Julie M. Good, Notary Pubic Cadisle Boro, Cumberland County My Commission E*hu Dec. 6, 2011 Member, Pennsylvarda AsasoiaWn of Notaries Fl LED-Oil OF THE f' -c.7H"-)W)TAP.Y 2909 JU 22 Pfd 1= GO N, y ANNE LODGE-SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 4648 Civil Term DENNIS SMITH, : ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 13, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 1 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 also statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to to authorities. / Date: ll?lS/o5 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 63301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. that false 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 1 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. 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: 1, Jig/dI FILED-OFFICE OF THE PROT110,1NQTARY 2004 NOV 23 FM 2,- 3 ! PEN N SYLWthiiA ANNE LODGE-SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 4648 Civil Term DENNIS SMITH, : ACTION IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on July 13, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.Y9, 4, relating to unsworn falsification to authorities. ore WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND 43301(d) OF THE DIVORCE CODE 1. 1 consent to 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. 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: ll?lg?d9 F- `" F 101 OF THE PROTHONOTARY 2009 NOV 23 PM 2; 31 CU ?I (-)UNTY PENN'S`!v"""NIA ANNE LODGE-SMITH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 4648 Civil Term DENNIS SMITH, : ACTION IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: via first class mail, Acceptance of service signed by Defendant on July 20, 2009. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: November 18. 2009 By Defendant: November 18. 2009 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: Contemporaneous with this filing. 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: Contemporaneous with this filing Respectfully submitted, Date: 11 (231 () I , ne Adams, Esquire J .D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Al E1 HOi-FICE OF THE PRO T HONDTAPY 2009NOY 23 °M 2' 32 CUFFB "3; ANNE LODGE-SMITH, V. DENNIS SMITH IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 4648 Civil Term DIVORCE DECREE ANC }'l f 0x y ? O 5"'4 • A AND NOW, POO , it is ordered and decreed that ANNE LODGE-SMITH, plaintiff, and DENNIS 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.") The marriage settlement which was entered into July 20, 2009 is incorporated but not merged into this Decree. By th urt, Attest: J. Prothonotary A // • ds Dpi` &?- Z? ,?? 3? 44 dw4w4,, ANNE LODGE-SMITH, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 09 - 4648 Civil Term DENNIS SMITH, :ACTION IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: _ prior to the entry of a Final Decree in divorce. OR_ after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of LODGE avowing her intention pursuant to the provisions of 54 P.S. §704. Date: CP~ I101 to• ~~---- Anne Lodge-Smi Pri ame Anne Louise Lodge Signature of Name being res ed COMMONWEALTH OF PENNSYLVANIA ) ): ss COUiJTl' O~ CUMBERLANC ) On this, the 1 ~~' day of J ~-'~~ , 2010 before me, the undersigned officer, personally appeared ANNE LODGE-SMITH/ANNE LOUISE LODGE personally known to me, (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. of ry Publ c My commission expires: COMMONVYEALTH OF PENNSYLVANIA ~~~ ~, zo ~3 NoteAN Seat - JenM Susa-ne Prooope, Hbtary Pubt~ lo-wr /Wsn Twp., Gxnbarland County MY Commiesfon txptres Jluy. 8, 20f 3 Member. Pennsylvania Assodatlon of tJ~aries ~'~~~:-~i=a~lC~ a~ ~i~~~... Y,n~~~a~~~~O~~~C'>>. Il ~ ©t~ F ~ ° ~''3 ~ ~ SL~~ .~