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HomeMy WebLinkAbout04-2261HAROLD 8. IRWIN~ III, fJQUIIIE ATTORNEY ID NO. 20020 64 ~OUTH PII'T STREET CARLISLE PA '17013 AI1'ORNEY FOR PLAINTIFF TRACI SUE GRIME8~ Plaintiff Vm JOSEPH O. GRIMES, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 .~.2~,/ CIVIL TERM IN DIVORCE NOTICE 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 in 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 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 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 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 2 Liberty Avenue Cadisle, Pennsylvania 17013 717-243-3166 TRACI SU"" GRIMES, Plaintiff JOBEPH D. ORIMES~ Defendant : IN THE COURT OF COMMON PLEA8 OF CUMBERLAND COUNTY. PENNSYLVANIA CIVIL ACTION - LAW NO. 04 -,~,~,! CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330t(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is TRACI SUE GRIMES, an adult individual who prefers to keep her address pdvate, but who resides in Cumberland County, Pennsylvania. 2. The defendant is JOSEPH D. GRIMES, an adult individual residing at 45 East Main Street, P. O. Box 257, Plainfield, Cumberland County, Pennsylvania 17081. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on August 9, 2003, in Carlisle, Cumberland County, Pennsylvania. 5. Pursuant to the Divome Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6, The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling, WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. TRACl SUE/GRI..MES, Plaintiff .^ROLD S. Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 TRACI SUE GRIMES, Plnlntlff JO8BPH D, ORIME$~ Defendant : IN THE COURT OF COMMON PLEA8 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO, 04 - ,2~2~! CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. TRACI SU~GRIME$, Plaintiff TRACl SUE GRIMES, Plaintiff V. JOSEPH D. GRIMES, Defendant : IN THE COURT OF COMMON PLEA8 OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - I~AW : NO, 04 - 2261 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P, RULE NO. 1920.4 (a)(l)(I) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the amended com!plaint in divorce was served upon the defendant on or about May 25, 2004, by certified mail, addressed to the defendant at 45 East Main Street, P.O. Box 257, Plainfield, PA 17081, return receipt No. 7003 1010 0001 1204 7344. 3. That a copy of the signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification t~lauthoril:ies. H a ro'td.,~/I r~vJ n~. - // ] Attorney for pla.rit,. ~. / 64 South Pitt Street ~/ Carlisle, PA 17013 717-243-6090 Supreme Court Il:) No. 29920 · Complete Items 1, 2 and 3. Also complete Item 4 f Rest~ictdd Delivery is desired. · Pdnt your name and address on the reverse so that we can rfltum the card to you. · Attach this card lo the back of the mailplece, or on the front if space permits. 1. Article A~imssed to: D. Isdeliver/addreeed~ 17 i-lyes If YES, eflter delivery address below: i-I No 3. Service Type r-i Regletem~ 2, Article Numbs- PS Form 3811, August 2001 Domestic Return Receipt 1010 0001 1204 7344 102595-02-M.1035 EXHIBIT "A" 'rRACI lUB ORiM~, Plllntlff V, JOBBPH D. ORIMBB~ Dlflndlnt : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ! : CIVIL ACTION. LAW : NO. 04 - 2.2~t CIVIL TERM : : IN DIVORCB DEFENDANT'S MARRI_A_n_E COUN_ I=MNG AFFIDAVIT The defendant, being duly swom according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. Auguet.~ ~2004 TRACI eUE ORibi~,i, PI-,Intlff V. 3OBEPH D. GRIMES~ Defendent : IN THE COUNT OF COMMON PLEA~ OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION. LAW NO. 04 - ~'1 CIVIL TBRM IN DIVORCE PLAINTIFF'S MARRIA _S: COUNSELING AFFI_n.A_VIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Pmthonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. August 24, 2004 \' , Acl SUF Ri E TRACI SUE GRIMES, Plaintiff V. JOSEPH D. GRIMES, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : NO. 04 - 226t CIVIL TERM : : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about May 19, 2004. Service of the complaint was made on or about May 25 (see Affidavit of Service filed May 27, 2004). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I vedfy that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unswom falsification to authorities. AUGUST 24, 2004 TRACI SUE GRIMES, Plaintiff V. JOSEPH D. GRIMES, Defend,,nt : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _, : CIVIL ACTION - LAW : NO. 04. 226t CIVIL TERM : : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about May 19, 2004. Service of the complaint was made on or about May 25 (see Affidavit of Service filed May 27, 2004). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. August ~,~.~. 2004 /~ ~ D. GRIME~ TRACI ~UE Okilam~B, Plaintiff V. JO8EPH D. ORIMEI~ DefendBnt : IN THE COUNT OF COMMON PLEAI OF : CUMBERLAND COUNTY, PENNSYLVANIA I : CIVIL ACTION. LAW , NO. 04. 2281 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO .Dm'~'.IEBT ENTRY OF A DIVORCE D_~U~'I: UNDER BECTION 330t (C~ OF THE DIVORCe: 1. I consent to the entry of a final decree of divome without notice. 2. I understand that I may lose rights conceming 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 divome 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. Section 4904 relating to unswom falsification to authorities. August 24, 2004 TRACl SUEGRIME'~ TRACI ~UE ORIME~, Plaintiff V, JOSEPH O. ORIME~, Defendlnt : IN THE COURT OF COMMON PLBAB OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04 - 26t CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO R_i~_UEST ENTRY OF A DIVORCE UNDER EECTION 330t (C~ OF THE DIV~_D~ Co_n- 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 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. Section 4904 relating to unswom falsification to authorities. August '.~ ,~'2004 HAROLD B. IRWIN, III, F~GUIIIB AI'rOIINIY ID NO. ~ ~4 ~OUllf PITT IlllBLrl' C&JlI.IILD PA 'l'J'0'13 AT'rORNIY FOR PLAINllFF TRACI CUE GRIMEB, Plllntlff v, JOSEPH D. ORIMES~ Defefldent I IN THE COURT OF COMMON PLEAB OF : CUMBERLAND COUNTY, PENNSYLVANIA I I CIVIL ACTION - LAW : NO. 04 - 22et CIVIL TERM : i IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for enl~ of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Cede. 2. Date and manner of service of the complaint: On or about May 25, 2004, defendant was served with a copy of the divorce complaint (See Affidavit of Service filed May 27, 2004). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Cede: By the plaintiff: August 24,, 2004 By the defendant: August ~_~., 2004 (b)(1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/A. 4. Related claims pending: None (a) Complete either (a) or (b): Data and manner of service of the notice of intantion to file praecipe to transmit record, a copy of which is attached: N/A. (b) Data plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: August 2~, 2004 Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August ~_~ 2004 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STAT E O F TI~CI SUE G'RI~ES~ Plaintiff VERSUS JOSEPH D. GRIHES, Defendant PENNA. NO. 04 - 2261 - CIVIL TE2M DECREE IN DIVORCE AND NOW,~ ~ DecReeD tHAT Traci Sue Grimes , 2004 , it is ORDERED and · PLAINTIFF, AND Joseph D. Grimes ,DEFENDANT. ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE fOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; none. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Vs Plaintiif Defendant File No. IN DIVORCE NOTICE TO RESUME PRIOR SUR3NAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Diw~rce, or ~ after the entry of a Final Decree in Divorce dated _$ep['. q120o~_, hereby elects to resume the prior surname of~r:, ~o~ ~{-~ob~t~ _ and gives this written notice avowing his / her intention purs,~,a~.t to the provisions, of. 54 P.S. 704. Date: ~/~ ,/O ~'- k~~S~mrflet ~'d-) &~a~re of name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF On the Z.-~ %ay of ~d- t~/'~~u'44~''- , 200~, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my h. and h~eunto set my hand and official Prothonotary or No~ Pu~I~ c~.USLE