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HomeMy WebLinkAbout10-3051COMPLAINT FOR DIVORCE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA In re: the Marriage of R. Randall Schmidt Plaintiff and Karla B. Schmidt Defendant t O -305! l:iy i I Term Docket No. The Plaintiff, R. Randall Schmidt, respectfully declares the following: 0 r- _ _r 1. Plaintiffs Residence: Plaintiff resides at 930 Willshire Drive Mechanicsburg, Cumberland County, Pennsylvania and has been a resident of the Commonwealth of Pennsylvania for 44 years. 2. Defendant's Residence: Defendant resides at 1319 Abington Way, Mechanicsburg, Cumberland County, Pennsylvania and has been a resident of the Commonwealth of Pennsylvania for 44 years. 3. Marriage: On November 27, 1993 in Mechanicsburg, Cumberland County, Pennsylvania, the Plaintiff and Defendant married. 4. Children: Plaintiff and Defendant have the following children born or adopted into their marriage: Name: Cole S. Schmidt Date of Birth: June 22, 1997 5. Jurisdiction: This Court is that of proper jurisdiction to hear this cause. The Defendant has agreed to file an Affidavit of Consent in this cause. Neither the Plaintiff nor Defendant has been involved in any litigation or other proceeding involving the other party in this or any other jurisdiction with respect to their marriage or any other domestic matter. 6. Grounds for No-Fault: Plaintiff wishes a dissolution of marriage with Defendant based on the grounds the marriage is irretrievably broken and efforts at reconciliation have failed. 7. Marital Settlement Agreement: Plaintiff and Defendant have (copy attached) entered into a Marital Settlement Agreement that formalizes an allocation of their property and finances and matters relating to child custody and visitation. 435a .m QD aw Er aµ1-AS NOW, THEREFORE, Plaintiff requests that the court order a DECREE OF DIVORCE and such further relief as Plaintiff may have requested herein. Verification I, R. Randall Schmidt, affirm under penalty of perjury that I am the Petitioner in the foregoing COMPLAINT FOR DIVORCE and that all statements in this Petition are accurate to the best of my knowledge. I have filed this Complaint in good faith and have not colluded with anyone in relation to it. Petiioner's Signs Date Petitioner's Address, Line 1 Petitioner's Address, Line 2 Subscribed and sworn to before me on this J of , 20 V p, mow sm V McNrte Q'+OY, 14" Y PubNc FiW*ft TOP., WnbWW d COU My came' W M eam Mudl 12, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. Randall Schmidt Plaintiff 10 - 3051 Case No. 2919-A65A3 vs. : Civil Action - Law r^,3 C--) Karla B. Schmidt : Divorce -;, Defendant Acceptance of Service a > Defendant in the above titled action hereby consents to and acknowledges service of ra tlw complaint in Divorce filed on May 10,2010. The date of service by hand delivery 'bn said date. Defendant CD _y rr, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C 7 r-? ?s R. Randall Schmidt : Case No 2010-03051 Plaintiff . VS. : Civil Action - Law _ , Karla B. Schmidt : Divorce ?`•' ; `? Defendant -= `' =^ Waiver of Notice of Intention to Request Entry of A Divorce Decree Under 3301(c) Acceptance of Service Defendant in the above titled action hereby consents to and acknowledges service of the complaint in Divorce filed on May 10, 2010. The date of service by hand delivery on said date. 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. § 4904 relating to unworn falsification to authorities. Date: `u Defendant AFFIDAVIT OF CONSENT COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA In re: the Marriage of N I "30' Randall Schmidt R ) ocW9 Nff! . z? Plaintiff and ) => Karla B. Schmidt ) Defendant 1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the May 10, 2010. 2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed. 3. I, R. Randall Schmidt, have received a copy of the COMPLAINT FOR DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the COMPLAINT FOR DIVORCE. 4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. 5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it. Signature 1W \0 %611't' Address, Line 1 Qb \I- Address, Line 2 COMMON LT OF PE SYLVANIA COUNTY O1) UM Date Subscribed and sworn to before me on this AILY of , 20L 11 aha q? Notary commoNWE&TH Of NoWal Seal Andrea L. Ongard, Notary PubNc Hampden Twp., Ctanbedand County My CommWon Boo May 11, 2014 Member, Penns*anla Assodatlon of Notar es AFFIDAVIT OF CONSENT COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA In re: the Marriage of 2010-03051 R. Randall Schmidt ) I qck to Noo Plaintiff r; by cn `? -? and Darla B. Schmidt ) C `' ' mac: Defendant r-- 1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the May 10, 2010. 2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed. 3. I, Karla B. Schmidt, have received a copy of the COMPLAINT FOR DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested in therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the relief sought in the COMPLAINT FOR DIVORCE. 4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. 5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it. 30 Signature Date /3/9 i%/6qhQ!U'&q Address, Li NJeA?-csLMq ne I (n 1-760 Address, Line 2 COMMON TH OF PENNSYLVANIA COUNTY OF r_ Subscribed and sworn to before me on this lOr-day of 909T-CM O_ , 20 /'Notary GOMMMWMIW OF IV# ITLvawra ;;"sew k Cominllworl MM' 12 14 Member, Pen"WWr la ,issadftin Of I daie5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA R. Randall Schmidt : Case No. 2010-03051 Plaintiff , VS. Civil Action - Law ' Fri (; J y° Karla B. Schmidt : Divorce y ' Defendant ° -` Waiver of Notice of Intention to Request Entry of A Divorce Decree Under ( °' Acceptance of Service - , c s : Plaintiff in the above titled action hereby consents to and acknowledges service of the complaint in Divorce filed on May 10, 2010. The date of service by hand delivery was on said date. 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. § 4904 relating to unworn falsification to authorities. Date: r PlaNtIff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA R. Randall Schmidt : Case No. 2010-03051 =u `-"= Plaintiff vs. : Civil Action - Law Karla B. Schmidt : Divorce Defendant Praecipe To Transmit the Record TO the Prothonotary: Transmit the record, together with the following information, to the court for the entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under 3301 (c) of the Divorce Code. 2. Date and Manner of service of the complaint: Hand delivery with owledgement signed and notarized attached hereto. Plainti , R. Randall Schmidt R. Randall Schmidt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Karla B. Schmidt V. N0.2010-03051 DIVORCE DECREE AND NOW, ~ L~ ~ ~ Zo [ a , it is ordered and decreed that R. Randall Schmidt plaintiff, and Karla B. Schmidt 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.") IU o r? ~ By the Court, ,o ~ ~ ~ ~o C.w~- war ~ ~~ 10 -~ • lD ~l'lv~-ce l~~a-`-~d ~n G~~