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HomeMy WebLinkAbout01-3136 NOTICE TO DEFEND YOU, LESLEY HARRIS, defendant have been sued in court for a divorce from GWENDOLYN BONEY-HARRIS. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by an attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR 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 BY THE COURT: Date: COURT OF CO~ON PLEAH OF CUMBERLAND COUNTY GW~NDOI"YN BON~Y-I-IA~RZH, ) CZVZ~ ACTZON - DZ~RCE P~Z~FF ) ) V. ) ) COMPLA. XNTUNDER BECTXON 3301(c) OF THE DXVORCE CODE 1. Plaintiff is GWENDOLYN BONEY-HARRIS, who currently resides at 1030 Northfield Drive, Carlisle, Pennsylvania 17013, Cumberland County. 2. Defendant is LESLEY HARRIS, who currently resides at 609 Camelot Drive, College Park, Georgia 30349, Fulton County. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on October 18, 1995 in South Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. Date: 4~ /'~'~ ~rOI AFFIDAVIT ON DER SECTION 3301(d) OFT HE DIVORCE CODE 1. The parties to this action separated on January 2, 2000 and have continued to live separate and apart ever since. 2. The marriage of plaintiff and defendant is irretrievably broken. 3. 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. 4. I verify that the statements~made in this affidavit are true and.correct. I understand that~alse statements herein are made sub]ect to th~ penalties of 18 ~a.C.S. § 4904 relating to ( $1aint~ff I # / COURT OF COMMON PLEAS OF CUMBERLAND COUNTY GWENDOLYN BONEY-HARRIS. ) CIVIL ACTION-DIVORCE PLAINTIFF ) ) v. ) ) LESLEY HARRIS. ) DEFENDANT ) NO. 01-3136 CIVILTERM DEFENSES OF LAW AND ANSWER UNDER SECTION 3301(c) OF THE DIVORCE CODE I. Defenses of Law First De./~nse I. The Court lacks jurisdiction to grant a divorce because the Plaintiff has not been a 'bona fide' resident of the Commonwealth for six months pursuant to PA ST 23 Pa.C.S.A. § 3104(b). 2. The Plaintiff is a military service n~ember who is merely 'temporarily' stationed in Pennsylvania for training at the Army War College. Training at the Army War College lasts [br one year after which the seN'ice member is immediately transferred to another duty station. 3. The Plaintiffhas made no other eflbrts to show intent to become a resident of Pennsylvania now or in the future. Second Dqfense I. The Court may not grant a divorce on the grounds that the marriage is irrclrievably broken because the Plaintiff has not met the requirements under PA ST 23 Pa. C.S.A. § 3301(c). 2. PA ST 23 Pa. C.S.A. § 3301(c) requires a 90-day period elapse and an affidavit be filed by each ofthe parties evidencing that the parties consent to the divorce. Thb'd Dq/~,nse 1. Tile Court may not grant a divorce on the grounds that the marriage is irretrievably broken because the Plaintiff'has not met the requirements under PA St 23 Pa. C.S.A. § 3301(d). 2. PA ST 23 Pa. C.S.A. § 3301(d) requires in contested divorces that the Plaintiffshow evidence that the parties have lived separate and apart for a period of two years. 3. The Plaintiffand Defendant have continuously lived together personally and physically tbr the duration of their marriage and were only separated during certain periods when the Plaintiff's was fulfilling her military obligations. Il. Answer Defendant. Lesley Harris. answers and responds to Plaintiff's Complaint for Divorce as tbllows: 1. Defendant admits the allegations contained in Paragraph I. 2. Defendant admits the allegations contained in Paragraph 2. 3. Defendant denies that the Plaintiffmeets the requirements to be a bona fide resident of Pennsylvania. The Plaintiff is a military service member who is merely 'temporarily' stationed in Pennsylvania tbr training at the Army War College. Training at the Army War College lasts tbr one year after which the service member is immediately transferred to another duty station. The Plaintiffhas made no other effbns to show intent to become a resident of Pennsylvania now or in the future. 4. Del;endant admits the allegations contained in Paragraph 4. 5. Defendant admits the allegations contained in Paragraph 5. 6. Defendant denies the allegations of Paragraph 6 of Plaintiff's Complaint. specifically denying that the marriage is irretrievably broken. 7. Defendant admits allegations of Paragraph 7 and requests the coart order the parties attend counseling for a period not less than 90 days. WHEREFORE. Defendant requests that Plaintiff's complaint be dismissed, and that all relief requested therein be denied. Defendant.~o Se ~" CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing Answer upon Gwendolyn Boney-Harris. Plaintiff. by depositing a copy of same in the United States mail. First Class postage prepaid. This /1 ~ da), of ~'"'~/~ .2001. X'"'Deti~dant. Pro Se IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA GWENDOLYN BONEY-HARRIS, CIVIL ACTION-DIVORCE PLAINTIFF LESLEY HARRIS. DEFENDANT NO. 01-3136 CIVIL TERM VERIFICATION Personally appeared before the undersigned notary public, duly authorized to administer oaths in the State of Georgia, LESLEY HARRIS. who. at'~er being duly sworn, deposes and states that he is the Defendant in the foregoing action and that the facts contained in his Answer are true and correct to the best of his knowledge, information and belief. This ///~ day o f .__~ ~ft~ .2001. HARRIS Sworn to and subscribe.,d~efore me this I[ day of/~/~. ~001. I I I II