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Home My WebLink About04-4596 II ;Jessica J. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Ian M. Smith, Defendant CIVIL ACTION NO. IN DIVORCE ar-159~ NOT ICE T 0 D E FEN D 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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 " Jessica J. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Ian M. Smith, Defendant CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 " Jessica J. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF Cumberland COUNTY PENNSYLVANIA vs. Ian M. Smith, Defendant CIVIL ACTION NO . O~ - ~~4(p IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Jessica J. Smith, a citizen of pennsylvania, residing at 128 West Portland Street, Apartment 11, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Ian M. Smith, a citizen of Pennsylvania, residing at 128 West Portland Street, Apartment 11, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui luris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on October 29, 2002, in Beaufort County, South Carolina. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has instituted by jurisdiction. been no prior action for divorce or annulment either of the parties in this or any other " 8. The Plaintiff has been advised of counseling and of the right to request that parties to participate in counseling. the availability of the Court require the COUNT I Request for Divorce Due to Irretrievable Breakdown Under 330l(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 1/ 15. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) separation and Plaintiff respectfully requests the pursuant to 3301(d) of the years have elapsed from the date of has filed her affidavit, Plaintiff Court to enter a Decree of Divorce, Divorce Code. Respectfully submitted, D SSINGER and DISSINGER I . ~ b- ren L. Koenl berg 1 j' At orney for Plaintiff . Supreme Court ID # 85556 28 North Thirty Second Stre Camp Hill, PA 17011 (717)975-2840 " VERIFICATION I I, Jessica J. Smith, verify that the statements made in the I Divorce Complaint are tr~e and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification. d~(J!~LJ JeSSIca J. Smith, Plaintiff , 70 ~J-- ~ (1:: -...0 n -:i s:::. r . 7- V\~~ ~ >-:> rt \J\. ~::> \,'\ ~ ~ 1./\ ---0. X ~ " ~~ -.-1 , ,~ "- -f' .. " '.;) _4 " JESSICA J. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. IAN M. SMITH, Defendant CIVIL ACTION NO. 04-4596 IN DIVORCE AFFIDAVIT OF ~~ILING COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF PERRY Karen L. Koenigsberg, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff's Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated September 18, 2004, attached hereto as Exhibit "A". Sworn to and subscribed before me this 21st day of September, 2004. ~~ot~~L ~"=,-",,,,""""""4,;r.;q.. NOTARIP.L SEAL . LEIGH ANN SNYDER. NotalY PubliC Marysvllle Boro. Peny County I My Cornntssion Expires May 16. 2005 I( · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse SO that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: '1:01'"\ tn,Sm~h \0.8' vJ. 'Y01\1c..r-Q Sv~ ~.I\ m.f~ha,,;(~\),~ \'7CSS 2. Article Number (Transfer from service labeQ . PS Form 3811 . August 2001 3. SSlVice Type .Certified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise DC.O.D. 4. Restrictelj Delivery? (Extra Fee) )(Yes 7001 1940 DODD 9249 4453 Domestic Return Receipt 10259S-D1-M_2509" ~. - '<, rill - UNITED STATES POSTAL SERVICE '0 Ij R G ,0 c) ~1 " D\} r ail .~ Postage~~sl'ii . .-,., -USR~L.-'-~.. _:.....-- -..Petrnl.lNo. G'10 '_, 0, _..._._' ___"'__ \ ~ /' ----'> ---"'--"__k~~_'~."'--'" ,,- . . Sender: Please print,J'our.!!!!!uI{addr,ess, aIld.ZJP-+4"irHilis.box_'-- '" 0._. l)'<S5~e( ~ -n\S)~2( ~8 n04h )~'(iy- Se('CIH~SV".e+- RECEIVED (b~~ 41;\l,yA 170 \\ L 70 i i ,/'3'3"3'3 SEP Z 0 200~ 111 1,..iil,.,IIIII.II.li,..lil.I,.i.I..I,I..I.I!!.I.I..I.I..jll/I EXHIBIT "A" ~ '--' -- C? r-<) C"_-;;, ~..! (- c;:~) ..C~ i1 " -. ::::! . u I'.) C...i ~~ r" .,., "-' Ci , 11 1- Jessica J. Smith, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Ian M. Smith, Defendant CIVIL ACTION NO. 04-4596 IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on September 14, 2004 and served on September 18, 2004. 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 entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Divorce are being filed with the respective consent documents. waiver of Notice in ~3301(c} Prothonotary as a part of their 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. ate: II h~ 10</ rJ8tW~(IJ:wd0 Jessica J. Smith, Plaintiff 'I r Jessica J. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Ian M. Smith, Defendant CIVIL ACTION NO. 04-4596 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301{C) OF THE DIVORCE CODE 1. A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on September 14, 2004 and served on September 18, 2004. 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 entry of a final decree in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony endente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's ivorce are being filed with the respective consent documents. Waiver of Notice in ~3301(c) Prothonotary as a part of their 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. .S. ~4904 relatin~ to unsworn falsification to authorities. \" I J \ \ ,.)--- ate: ,:;IJ/()LI 'I II Jessica J. Smith, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. Ian M. Smith, Defendant CIVIL ACTION NO. 04-4596 IN DIVORCE 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: 3301(c) of the Divorce Code. Irretrievable breakdown under !l 2. Date and manner of service of the Complaint: September 18, 2004, by United States Certified Mail, Restricted Delivery. 3 . !l 3301 (c) Defendant Date of ex.,ecution of the Affidavit,of con~ntr. equired of iheDJ,vorce Code: By PlaIntIff (7~'.J'/';1(:( ; 10 /Jk"l . I . ( , ' Related claims pending: NONE. by by 4 . 5. Date filed wi th the Plaintiff's Waiver of Notice Prothonotary: lollS /6 </ . I I ' Defendant's Waiver, ot ;otice Prothonotary: /!}/f< v' I !l 3301(c) Divorce in in !l 3301 (c) Divorce Date filed with the Respectfully submitted, DISSINGER AND DISSINGER / Date: (j/IS/G c( ,/ cc: Jessica Smith Ian Smith :+::+: :+:"':+::f.:+::+::+::+:"'''' "';1;:+::+:'" "'''':f.''':+: :+:"':+: :+: , . , . , . . . . . . VERSUS "':+: :+:"':+:"':+:~;I;", "';I; ;I;:+:;I;:+::+::+::+:~;f."':+:~:+: :+: ;f.:f.+':+::+::+:~:+::+:"':+:",:+:~ , . , . . . . . , . . . . , . . . , . . . . . . . . . . . . , . , . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . STATE OF Jessica J. Smith, Plaintiff No. 04-4596 Ian M. Smith, Defendant DECREE IN DIVORCE Ul:.C ?? AND NOW, 260'-1 IT IS ORDERED AND Jessica J. Smith DECREED THAT , PLAINTIF'F, Ian M. Smith . . . . . . . . . . . , . . . . . . . . . . . . . , . . . . . . . . . . . . , . . . . . . . , . . ;f.:+: or.:+::+: '" ,f'+: AND , 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; < . . . . . . . . . . ;+:", "''''+.''':+: PROTHONOTARY ., '" :r. '" ~ ~:+: :+: :+:;f. :+: :+: :+: "'~ , ;+:;f.;I;:+::+::+: :+:;1;:+:;1;:+:;1;",,,, "'''''~:t; . . . . . . . . . . , . . . , . J. . ~? :t ~-p-# ry(1Ji. ,J<.7 c't:~-c/ /~ i<'<f-- ~,*k;;F:P ;,o.eca . . , . . -