The URL can be used to link to this page

Home My WebLink About04-3257V TAMMY SMITH, Plaintiff V. SCOTT A. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW IN DIVORCE 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. 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. 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 Carlisle, PA 17013 (717) 249-3166 TAMMY SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. . No. SCOTT A. SMITH, : CIVIL ACTION-LAW Defendant . IN DIVORCE AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dial de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notifcacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o propiedad u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERICIO, VAYA EN PERSONA O LLAMA POR TELEFONO A LA OFICINA CUYA DIRECION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. ""Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 TAMMY SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 0y, 3z S? SCOTT A. SMITH, : CIVIL ACTION-LAW Defendant . IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Tammy Smith by and through her counsel, Killian & Gephart, who represents as follows: Plaintiff, TAMMY SMITH, is an adult individual, who currently resides at 4195 Mountainview Road, Cumberland County, Mechanicsburg, Pennsylvania 17050 Her date of birth isFebruary 12,1969. 2. Defendant, SCOTT A. SMITH, is an adult individual who currently resides at 308 Rich Drive, West Palm Beach County, West Palm Beach, Florida 33406. His date of birth is September 17, 1969. Plaintiff avers that she has been a bonafide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 8, 1998 in Camp Hill, Pennsylvania. Plaintiff avers that there are children of the parties under the age of 18, namely : Abigail Smith, DOB, June 22, 1999, Ava Smith, DOB, June 04, 2001. 6. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. 8. The marriage is irretrievably broken. COUNTI CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY 9. The averments of Paragraphs 1 through 7 are hereby incorporated by reference thereto. 10 The Plaintiff and Defendant are the owners of various items of property acquired during their marriage which are subject to equitable distribution by this Court. WHEREFORE, the Plaintiff request the Court enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all marital property owned by the parties hereto; C. Granting such further relief as the Court may determine equitable and just. Respectfully submitted, KILLLAN & L J. P ul Helvy, Ese 2 Pine Street P.0. Box 886 Harrisburg, PA 17108 (717) 232-1851 Attorney I.D. #53148 Dated: Li Attorneys for Plaintiff TAMMY SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. . No. SCOTT A. SMITH, : CIVIL ACTION-LAW Defendant . IN DIVORCE CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the within document upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Scott A. Smith 308 Rich Drive West Palm Beach, Florida 33406 Christy Sunchy ecretary to J. PAUL HELVY, ESQUIRE Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: ?-Jl jl oq VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unsworn falsification to authorities. Jane s? (C7 ??, ? ? ?? ?,> -, `? c ' c ?? ? r • -? ? ? T T n'r`-= ? ? v ? ?4? nC) __^^ '-?`V `? , ?? f - I1 ? t}:: ? ? ? `? .., AUG 19 2004 E TAMMY SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff/Movant CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-3257 CIVIL SCOTT A. SMITH, : CIVIL ACTION-LAW Defendant/Respondent : IN DIVORCE OF THE MARITAL RESIDENCE AND NOW, comes the Movant, Tammy Smith, by and through her counsel, Killian & Gephart, LLP, and files this Motion for Exclusive Possession pursuant to 23 Pa.C.S.A. § 3502 (c), Pa. R.C.P. 1920.43 and 23 Pa.C.S.A. § 3323(f). The following averments are made in support of this Motion: 1. The Movant, Tammy Smith, (hereinafter referred to as "Wife") is an adult individual who currently resides at 4195 Mountainview Road, Mechanicsburg, Cumberland County, Pennsylvania 17050 (hereinafter referred to as "the marital residence"). 2. The Respondent, Scott A. Smith, (hereinafter referred to as "Husband") is an adult individual who currently resides at 616 Clearwater Park Road, Suite 1206, West Palm Beach County, West Palm Beach, Florida 33401. 3. Husband has voluntarily relocated to Florida and is currently employed in Florida. 4. The parties were married on August 8, 1998. The above-captioned divorce action was filed by Wife on July 6, 2004. 1). The parties separated on June 11, 2004, when Husband voluntarily vacated the marital residence located at 4195 Mountainview Road, Mechanicsburg, Pennsylvania. 6. Wife has had exclusive possession and control of the marital residence since Husband vacated the residence on June 11, 2004. 7. Since the parties' separation, Wife has exercised primary physical custody of the parties' children, Abby Smith, born June 22, 1999 and Ava Smith, born June 4, 2001, at the marital residence. 8. On July 8, 2004, Wife filed a Complaint for support of the minor children. 9. A Domestic Relations Conference was held on August 12, 2004. 10. Wife currently has de facto primary physical custody of the children. 11. Wife currently op0rates a business from the marital residence which will be adversely impacted by Husband's return to the marital residence. 12. Husband indicated to Wife that it is his intention to return to Pennsylvania from Florida on or about August 19, 2004, and that he feels free to return to the marital residence, unannounced, against Wife's wishes. 13. Husband left a voice mail message with Wife's counsel on August 17, 2004 stating that the marital residence is still his residence and that he will return to the marital residence "any time [he] so choose[s]." 2 14. Husband's voice mail message to Wife's counsel is an indication that he believes that he has as much right as Wife does to be present at the marital residence. Husband further believes that he has every right to arrive, unannounced, at the marital residence. 15. Husband is bipolar and requires medication to control his bipolar disorder, however, Wife believes that he frequently refuses to take the medication that will help control this disorder. 16. As a result of Husband's failure to remain on his medication, his behavior is unpredictable. 17. On previous occasions, Husband has exhibited nasty and disruptive behavior at the marital residence, and the police have been called to remove Husband from the residence. 18. Wife avers that if Husband is permitted to return to the marital residence that it will be extremely disruptive to her, the children, and the business she currently operates from the marital residence. 19. Wife has no other place to live with the children and believes that it would not be in the best interest of the children to relocate them from the only home that they have known for the past several years. 20. Wife has stated that she has no objection to Husband visiting with the children but states that any such visitation must take place outside the marital residence and that Husband must stay in a hotel if he returns to Pennsylvania from Florida in order to visit with the children. 21. There is no compelling reason for Husband to return to and enter the marital residence during short-term visits with his children. 22. Wife requested Husband to execute a Stipulation that he would refrain from entering the marital residence or surrounding premises without express permission of Wife. A copy of the proposed Stipulation is attached hereto as Exhibit "A" and is incorporated herein. 23. The foregoing Stipulation provided that Husband was not waiving any claim Husband might have to the equity in the marital residence. 24. Wife avers that receipt of the proposed Stipulation by Husband precipitated his decision to return to the marital residence. 25. Husband advised Wife's counsel in his August 17, 2004 voice mail message that he declined to execute the Stipulation. 26. Husband is not represented by counsel in this proceeding; therefore, no concurrence of opposing counsel can be obtained pursuant to C.C.R.P. Rule 206-2 (c). 27. Wife and her counsel believe that Husband's stated refusal to execute the Stipulation referred to herein, as evidenced by Husband's voice mail message to Wife's 4 counsel, should be construed to be a lack of concurrence to this Motion for Exclusive Possession. WHEREFORE, the Movant respectfully requests this Honorable Court to grant her exclusive possession of the marital residence, located at 4195 Mountainview Road, Mechanicsburg, PA 17050, pending agreement of the parties or further Order of the Court. Respectfully submitted, `f- 1-g f cam, 1 Heather M. Faust Attorney I.D. # 77947 J. Paul Helvy Attorney 1. D. #53148 Killian & Gephart, LLP 218 Pine Street P. O. Box 886 Harrisburg, PA. 17108 . Dated: August 18, 2004 (717) 232-18511 Attorneys for Movant Tammy Smith VERIFICATION I hereby verify that the statements of fact made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S.A. §4904, relating to unworn falsification to authorities. ?r?maccc?r Dated: August 18, 2004 AUG 19 1004 ? TAMMY SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 04-3257 CIVIL SCOTT A. SMITH, : CIVIL ACTION-LAW Defendant . IN DIVORCE STEPULATION AND NOW, this day of 2004, the undersigned do hereby stipulate and agree that TAMMY SMITH shall have exclusive possession of the marital residence located at 4195 Mountainview Road, Mechanicsburg, PA 17050, such that she shall have the exclusive right to reside in said residence. The undersigned Scott A. Smith agrees that he will refrain from entering said residence or the surrounding property without express permission from Tammy Smith. The parties acknowledge and agree that this stipulation shall not in any way impact upon M. Smith's right to seek equitable distribution of the aforesaid residence. Tammy Smith Scott A. Smith 116 1 9 2004 TAMMY SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. . No. SCOTT A. SMITH, : CIVIL ACTION-LAW Defendant . IN DIVORCE CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the Alotion for Exclusive Possession upon the following by depositing a copy via Federal Express, to the addressed as follows: Scott A. Smith 616 Clearwater Park Road Suite 1206 West Palm Beach, FL 33401 Scott A. Smith Precision Moving 447 Rosemary Ave #220 City Place West Palm Beach, FL 334Q?1, Christy Sunchy , S cretary to J. PAUL HELVY, SQUIRE Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Dated: (1 M1.) i-'!? [) ..- ill _i G. ? _ ?"'fl i'.7 tIr ? y..,. ? .;-..; `, it TAMMY SMITH, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SCOTT A. SMITH, Defendant NO. 04-3257 CIVIL TERM ORDER OF COURT AND NOW, this 190' day of August, 2004, upon consideration of Plaintiff's Motion for Exclusive Possession of the Marital Residence, a hearing is scheduled for Monday, October 18, 2004, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, ,/f. Paul Helvy, Esq. 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 Attorney for Plaintiff ,.Xcott A. Smith 616 Clearwater Park Road Suite 1206 West Palm Beach, FL 33401 Defendant, pro se &esley Oler, 11> oQl 0S :rc h i ?yi 'J TAMMY SMITH Plaintiff' vs . SCOTT A. SMITH Defendant TO THE PROTHONOTARY: 13RAECIPE In the Court of Common Pleas of Cumberland County No. 04-3257 CIVIL Kindly withdraw the Petition for Exclusive Possession which was filed on August 19, 2004. To: Curt Long Prothonotary Date (j J• AUX HELVY, XSR & GephaPine Street Street P. O. Box 886 Harrisburg, PA 17108-0886 (71)') 232-1851 TAMMY SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA V. . No. SCOTT A. SMITH, : CIVIL ACTION-LAW Defendant . IN DIVORCE CERTIFICATE OF SERVICE I do certify that I served a true and correct copy of the Praecipe Withdrawing the Petition for Exclusive Possession upon the following by depositing a copy of same in the United States mail, postage prepaid, addressed as follows: Scott A. Smith 616 Clearwater Park Road Suite 1206 West Palm Beach, FL 33401 Scott A. Smith Precision Moving 447 Rosemary Ave #220 City Place West Palm Beach, FL Dated: 1 hA(y-? Christy Sunchyc Se retary to J. PAUL HELVY, SQUIRE Killian & Gephart 218 Pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717)232-1851 (""?. hl ? tL.:7 ?? _ 1.' •l? C? T_r .,,_ 1 'i'I « , .? az . ?._} .( _. . 1?? l.r t..:? ?il . (r.'J .. ._.J .'ll .. { TAMMY SMITH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW VS. ; 04-3257 CIVIL SCOTT A. SMITH, Defendant ORDER OF COURT AND NOW, this (S L day of October, 2004, it appearing that a Praecipe Withdrawing the Petition for Exclusive possession was filed on October 14, 2004, the hearing in the above-captioned matter set for October 18, 2004, at 1:30 p.m. is cancelled. BY THE COURT, J esl?ey Oler, r., J. ?J. Paul Helvy, Esquire 218 Pine Street P. O. Box 886 Harrisburg, PA 17108-0886 For the Plaintiff ,/Scott A. Smith 616 Clearwater Park Road Suite 1206 West Palm Beach, FL 33401 ,,Xott A. Smith Precision Moving 447 Rosemary Avenue 4220 City Place West Palm Beach, FL 33401 I 164-0 :rlm ,-. ??, >_ '; ?,,? - ?? ??-. ?- • ?= r-;c , !,: •^, c:. +? 1? L'`_ ?L;J , _? a 'i' h ; ..-- '......... ': ? ?_:? . cc? <v :_i Curtis R. Long Prothonotary OffiCe of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573