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Home My WebLink About01-2896 : IN THE COURT OF cOMMON PLEAS OF BRENDA L. SOMERVILLE, Plaintiff : CUMBERLAND cOUNTY, PENNSYLVANIA : NO. O! -~ CIVIL TERM : CIVIL ACTION - LAW JAMES O. SOMERVILLE, III, Defendant : IN DIVORCE ~u~iCE TO DEFEND ~ 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 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 at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF pROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANN~ IS GRAI~TED, You NAY LOSE THE RIGHT TO CLAIM ANYOF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, ~O TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Libertv Avenu~ C~Carlisle, PA 17013 Telephone: (717) 249-3166 BRENDA L. SOMERVILLE, : IN THE COURT OF CO~ff40N PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ol-~ C~ -~- ¥. JAMES O. SOMERVILLE, III, : CIVIL ACTION LAW Defendant : IN DIVORCE COMPLAINT 1. The Plaintiff in this action is BRENDA L. SOMERVILLE, an adult individual, who currently resides at 95 Old Stonehouse Road South, Carlisle, cumberland County, Pennsylvania 17013. 2. The Defendant in this action is JAMES O. SOMERVILLE, III, an adult individual, who currently resides at 4850 Route 96A, Romulus, New York 14541. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on June 20, 1987, in Needmore, Fulton County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. --1-- 6. The plaintiff avers as the q_roundS upon wi%ich this action is based is that the marriage between ~he pa~-ties he~-etO is irret~'ievably broken. 7. The plainti[f avers that two this marriage. 8. The Plainti[[ has been advised tl~at counseling is available and that the plaintiff n]ay have the right, to requeSt that the court require the parties to par[icipate in counseling- 9. The Plainti[f requests the court to enter a decl'ee o~ di- vorce · I verify that the s~a~ementS made in /his complaint are true and correct- I understand ~hat false statements herein are made subject to the penalties of 18 p.C.S. ~4904, relating to unsworn falsification to authorities. sTONE LaFAVER & sHE~ETSKI GE~LD supreme court ID ~40486 414 Bridge street, p.O. Box E New cu~erland, PA 17070 Telephone 717-774-7435 Attorneys ~or Plaintiff -'2- BRENDA L. SOMERVILLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2896 CIVIL TERM JAMES O. SOMERVILLE, III, : Defendant : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 14, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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 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 herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. BRENDA L. SOMERVILLE, Plaintiff BRENDA L. SOMERVILLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : NO. 01-2896 CIVIL TERM : JAMES O. SOMERVILLE, III, : CIVIL ACTION LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER § 3301(c) 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 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 unsworn falsifica- tion to authorities. BRENDA L. SOMERVILLE, Plaintiff BRENDA L. SOMERVILLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2896 CIVIL TERM JAMES O. SOMERVILLE, III, : Defendant : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May 14, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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 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 herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifica- tion to authorities. 'Da~e JA~ O. SOMERVILLE, III, Defendant BRENDA L. SOMERVILLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2896 CIVIL TERM JAMES O. SOMERVILLE, III, : CIVIL ACTION LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ 3301(c) 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 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 unsworn falsifica- tion to authorities. J . SOMERVILLE, III, Defendant BRENDA L. SOMERVILLE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-2896 CIVIL TERM : JAMES O. SOMERVILLE, III, : ACTION IN DIVORCE Defendant : PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § (3301(c)) ~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: May 17. 2001. Certified HaiL. Return Receipt Requested. Restricted DeLivery. pasteqe prepaid . 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff Sept. 21, 2001 ; by Defendant Sep. 21, 2001. (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: ; (2) A. Date of filing of Plaintiff's affidavit upon respondent: B. 'Date of service of Plaintiff's affidavit upon respondent: 4. Related claims pending: NO CLAI~ RAISED 5,. Complete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: ~/.~/(; / Date Defendant's Waiver of Notice in § 3301 (c) Divorce was filed with the Prothonotary: ~/~ / Supreme Court No. 40486 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE OF PENNA. ~ T,. SOt,/~C~T]'T.T.'~..; .............................................................................. JAMES O. SC~'~3~rV-Jq"t.~-~ III, DECREE IN DIVORCE AND NOW, .......... it is ordered and plaintiff, decreed that J~,~_.s o. SO~Smv-j-r.T.~, TTT, defendant, and ........................................... 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; By Co Attest: ........Prothonotary