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HomeMy WebLinkAbout02-0124JULIE A. GIBSON, CHARLES GIBSON, Plaintiff, Defendant. · IN THE COURT OF COMMON PLEAS 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for another 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 the 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. 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 JULIE A. GIBSON, CHARLES GIBSON, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA - CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Julie A. Gibson, by and through her attorneys, Mancke, Wagner, Hershey & Tully, and files the following Complaint in Divorce: 1. The Plaintiff, Julie A. Gibson, is an adult individual currently residing at 83 Country View Estates, Newville, Cumberland County, Pennsylvania. 2. The Defendant, Charles Gibson, is an adult individual currently residing at 83 Country View Estates, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this Complaint. 4. Plaintiff and Defendant are husband and wife having been married October 16, 1992, in Lancaster, Lancaster County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. Neither Plaintiff nor Defendant are members of the Armed Forces of the Untied States or any of its Allies. 7. Plaintiff has been advised of the availability of counseling and that she has the right to request that the Court require both parties to participate in counseling. 8. The Plaintiff avers as grounds on which this action is based are: A. That the marriage is irretrievably broken under Section 3301(c) of the Divorce Code; and B. That as of December 26, 2003, the parties will have lived separate and apart for a period of at least two (2) continuous years pursuant to Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff prays this Court to enter a Decree in Divorce. -2- COUNT I EQUITABLE DISTRIBUTION 9. Paragraphs 1 through 8 above are incorporated herein by reference and made a part hereof. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 401 of the Divorce Code. COUNT II CUSTODY 11. Paragraphs 1 through 10 above are incorporated herein by reference and made a part hereof. 12. Plaintiff and Defendant are the natural parents of two (2) children, Erin Gibson, bom 1/22/92, and Matthew Gibson, born 8/8/93. 13. The Plaintiff is the natural mother of the aforementioned children; the Defendant is the natural father of the aforementioned children. 14. Matthew was bom during wedlock; Erin was born outside of wedlock. -3- 15. Neither party has participated in an action for custody or partial custody of the children; Plaintiff is aware of no other person asserting fights to custody or partial custody of the children. 16. The children have resided with the Plaintiff and the Defendant at the address comained in paragraph 1 above for the last period of almost five (5) years. 17. Plaintiff believes and therefore avers that it is in the best interest of the children to grant shared legal custody of the children unto both parties, with primary physical custody vested in the Plaintiff pursuant to the rights of partial custody in the Defendant. WHEREFORE, Plaintiff prays this Court: A. Enter a Decree in Divorce; B. Equitably distribute all property, both real and personal, owned by the parties; and -4- Grant her request for primary physical custody. Respectfully submitted, Mancke, Wagner, Hershey & Tully / P. Richard Wagner, Esquire I.D. #23103 2233 North Front Street Harrisburg, PA 17110 (717) 234-7051 Attorneys for Plaintiff Date: -5- I verify that the statements made in the foregoing document 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 unsworn falsification to authorities. WE DO HEREBY CERTIFY THAT THE WITHIN I$ A TRUE AND COR- RECT COPY OF THE ORIGINAL FII..~D IN THIS ACTION BY ATrORNEY LAW OFFICES MANCKE, WAGNER, HERSHEY & TULLY ATTORNEY JULIE A. GIBSON, PlaintS, CP~M~,LES GIBSON, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-124 CIVIL TERM : CIVIL ACTION ~ LAW : IN DIVORCE AFFIDAVIT OF CONSENT l. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 9, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the enmy of a final decree of divorce after service of notice of intention to request enUy of the decree. 4. 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements hereto arc made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorities. DATE: S - ~,,~- Off- .RJLIE A. GIBSON, Plaha~, : n~ T~m cotm'r OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-124 CIVIL TERM CHARLES GIBSON, Defendant. : CIV/L ACTION - LAW : 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRy OF A DIVORCE DECREE UNDED SECTION 3301tc) OF THE DIVORCE CODE 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 ifI 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 unsworn falsification to authorities. DATE: JUL[E A. GIBSON, Plalnt~, CHARLES GIBSON, Defendant. : IN THE COURT OF COMMON PLEAS : CUMB~ COUNTY, PENNSYLVANIA : NO. 02-124 CIVIL TERM : CIVIL ACTION. LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 9, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days h~nre elapsed ~om the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand ~ I may lose rights concerning alimony, division ofprope~, lawyegs fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are tree and correct. I understand that false - relating stalements herein are made subject to the penalties of I8 Pa.C.S. Section 4904, to unswom falsification to authorities. Charles Gibson JUL1E A. GIBSON, CHARLES GIBSON, Pla~t~ : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-124 CIVIL TERM : CIVIL ACTION ~ LAW : IN DIVORCE Degcndant. I. I consent to the entry ofa fma/decree ofdivorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ffI 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 thc statements made in this affidavit are true and correct. I understand that false statements herein arc made subject to tl~ penalties of 18 Pa, C,S. §4904 rehting to unsworn falsification to authorities. Charles Gibson DATE: JI_rLIE A. GIBSON, CHARLES GIBSON, Plaintiff, Defendant, IN TH~ COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-124 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE ACCEPTANCE OF SERVICE I, JAMES A. MILLER, ESQUIRE~ attorney for the Defendant, CHARLES GIBSON, do /& hereby accept service of the Complaint in Divorce filed January 9, 2002, on the day of~.j/ ~J~i 2002, in the above-captioned action. Jam A~. Miller.~Esquire JULIE A. GIBSON, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, NO: 2002-124 - CIVIL TERM CHARLES GIBSON, Defendant. : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD TO THE PROTHONOTARY: TRANSMIT the record, tx~,ether with the following information, to the Court for entry of a Divorce Dcerce: 1. Ground for divorce: irretrievable breakdown under Section 3301(c), 3301(d) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the Complaint: Acceptance of Service by Defendant's eonnsel, on January 16, 2002. 3. (Complete either paragraph (a) or (b): Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: By Plaintiff: 01125/04 By Defendant: 01/27/04 Co) (1) Date of Exceution ofthe Plaintiff's Affidavit required Scefion 3301(d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit unto the Defendam: 4. Related claims pending: None 5. (Complete ether (a) or CO).) (a) Date and manner of service ofthe Notice of Intention to File Praecipe to Transmit the Record, and attach a copy of said Notice under Section 3301 (d) (1)(i) of the Divorce COd~: Co) (c) Date Plaintiff's Wavier of Notice was filed with the Prothonotary: 02/11/04 ~._~a~f for Plaintiff IN THE COURT OF COMMON PLEAS JULIE A. GIBSON Of CUMBERLAND COUNTY STATE OF ~ PENNA. 2002-12~ CIVIL NO. VERSUS CHARLES G/BSON DECREE IN DIVORCE AND NOW, DECREED THAT AND JULIE A. GIBSON CHARLES GIBSON g~ ° ~/, IT I$ ORDERED AND , PLAINTIFF, , 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 BY THE COURT: PROTHONOTARY