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HomeMy WebLinkAbout04-4966L1NDA C. GABEL, Plaintiff SCOTT GABEL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. Oc/- ~/qtG6 CIVILTERM 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 or divorce or annulment may be entered against you by the court. A judgment may also be entered against you for other claims 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, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES 'FO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. LINDA C. GABEL, Plaintiff, SCOTT GABEL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE :NO. Ott' t/Ob/' CIVILTERM COMPLAINT UNDER 23 Pa.C.S. {1~ 3301(e} and 3301(d} OF THE DIVORCE CODE The plaintiff, Linda C. Gabel, by her attorneys, the Family Law Clinic, sets forth the following cause of action: I. Plaintiff is Linda C. Gabel, who currently resides at 4263 Nantucket Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Scott Gabel, who currently resides at 712 ½ Dunkle Street, Harrisburg, Dauphin County, Pennsylvania, 17113. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 22, 1989 in Harrisburg, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since August of 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff or Defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Respectfully Submitted, Date qlaglo Amy L. Kmzel Certified Legal Intern LUCY JOHNSTON-WALSH ROBERT RAINS ANNE MACDONALD-FOX THOMAS M. PLACE Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2368 VERIFICATION I verify that the statements made in this Complaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. U~nda C. Gabel, Plaintiff LINDA C. GABEL, Plaintiff, SCOTT GABEL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACT/ON - LAW :IN DIVORCE : :NO. 0 t4-/4q(o~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Linda C. Gabel, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date qla l Respectfully submitted, Certified Legal Intern THOMAS M. PLACE ROBERT RAINS ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 LINDA C. GABEL, Plaintiff Vo SCOTT GABEL, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 04-4966 CIVIL TERM VERIFICATION OF SERVICE, Understanding that the making of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. {}4904 (relating to unsworn falsification to authorities), the undersigned verifies that she mailed a true copy of a Divorce Complaint to the Defendant by placing the same in the U.S. Mail, certified no. 7003 3110 0004 5774 2242, restricted delivery, return receipt requested, postage prepaid, on the 15th day of October, 2004 addressed as follows: Scott Gabel 712 ½ Dunkle Street Harrisburg, PA 17113 Sender's receipt no. 7003 3110 0004 5774 2242 is attached hereto and incorporated by reference. On the 29th day of October, 2004, green certified mail remm receipt no. 7003 3110 0004 5774 2242 was delivered to the Family Law Clinic, bearing the signature Scott Gabel and showing a date of service of October 29, 2004. The return receipt is attached hereto and incorporated by reference. ~rny I~ ~'~1-- - O- Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 Dated: · 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 if space permits. 1. Article Addressed to: '-'1~'2. '/:z DunY-,.le ~arris buc_..,q PA Ix ----> ~. L~-~J"/~,~' I~~(~.~)-~c.~ D. Is ~NE~ ~ d~ ~ E~ 17 ~ Y~ If YES, ~t~ ~iv~ ~d~ ~low: ~ No 3. Service Type ' '~Cmtifled Mail [] Express Mail [] Registered L~Return Receipt for Merchandise [] Insured Mail I-I C.O.D. 4. Rsetricted Delivery? (Extra Fee) ~Yes 2. Article Number (Transfer from service PS Form 381 1, August 2001 7003 3110 0004 Domestic Return Receipt 5774 2242 102595-02-M-1035 o LINDA C. GABEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION IN DIVORCE SCOTT GABEL, Defendant : NO. 04-4966 CIVIL TERM AFFIDAVIT OF CONSENT, 1. A Complaint in Divorce under SS3301(c) and 3301(d) of the Divorce Code was filed on October 1,2004. 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 of divorce after service of notice and intention to request entry of the decree. 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. 94904, relating to unsworn falsification to authorities. Date 2/3/ ~ 5 , I t~ -- (">I') -- ee! \.;.,.]. u- 1,::0 co;) ,~ o LINDA C. GABEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION IN DIVORCE SCOTT GABEL, Defendant : NO. 04-4966 CIVIL TERM AFFIDAVIT OF CONSENT: I. A Complaint in Divorce under SS3301(c) and 3301(d) of the Divorce Code was filed on October 1,2004. 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 of divorce after service of notice and intention to request entry of the decree. 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. S4904, relating to unsworn falsification to authorities. Date c;;/3/os ( f /? L/ ~!//) ~7~ ";~/f~' Scott Gabel, Defendant c..... I- I cO \ . ~ 'w- 7~3~~ '-Z~... \\~ 1._) o LINDA C. GABEL Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION IN DIVORCE SCOTT GABEL, Defendant : NO. 04-4966 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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 ofthe decree will be sent to me immediately aftf:r 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. s4904, relating to unsworn falsification to authorities. Date 2/3/(5 I I i"") -- . '- r- \ l.:.\ "\,~ \--,. ~.~:3 }.)- ~g '':-::::J o LINDA C. GABEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION IN DIVORCE SCOTT GABEL, Defendant : NO. 04-4966 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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! 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 aft'~r 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. DatJI5/6~/ , L~ ~ /././' d /J ~~ '" u-~A-Y Scott Gabel, Defendant ,--! (~ '.1 ' l ~~).... ~ fn ~:\ ~ , t./:" o LINDA C. GABEL, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE SCOTT GABEL, Defendant :NO. 2004-4966 CIVIL TERM CERTIFICATE OF SERVICE I, Amy L. Kruzel, hereby certifY that I am serving true and correct copies of the Affidavits of Consent and Waivers on Defendant, Scott Gabel. I am doing so by depositing a copy of same in the United States mail, First Class, postage prepaid, this 7th day of February 2005. I am mailing the copy to the following address: Mr. Scott Gabel 712 Y, Dunkle Street Harrisburg, P A 171 \3 Date: d/11 dDO~) () CYV\ L \ ~~ ~n II ~ L ~~zel Legal Intern F AMIL Y LAW CLINIC 45 South Pitt Street Carlisle, P A 17013 (717) 249-2968 ',I (:'-") "- o LINDA C. GABEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE SCOTT GABEL, Defendant NO. 2004-4966 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Mutual Consent divorce under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant, Scott Gabel, by certified mail, restricted delivery, return receipt requested. Service was complete upon receipt by Defendant on October 29, 2004. 3. Date of execution ofthe affidavit of consent required by S3301(c) ofthe Divorce Code by Plaintiff - February 3, 2005; by Defendant - February 3,2005. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: February 7, 2005. Date Defendant's Waiver of Notice was filed with the Prothonotary: February 7, 2005. Date~ (\N'I\\\ ~ .Xn\l~ 0 ~lel Certified Legal Intern .) /'11'. i,Q),L r'fv04'/~ I 1Z;t' .. v'v ,'J . ANNE f\C ONALD-FOX LUCY JOHNSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717/240-5204 ~~J.... ~. ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . + . + . . . . . + . . . . . . . . . . . + . . . . . + + . . . . + + . + . . . . + + . "'", Of ~:to' + . +. ~~~ ~ ~~~~ ~~~ ~~~ '+' :f.:f. :f. +.:ti ;f.'f.:f.:f. 'jo;;t::+: +'+':+::.f'+'+';+:,., . + + + + + + + + + + + + + . + IN THE COURT OF COIV.lMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Linda C. Gabel, Plaintiff No. Civil 2004-4966 VERSUS Scott Gabel, Defendant DECREE IN DIVORCE 4 3:1 Of4VI AND NOW, ~ IS ')t:th , IT IS ORDERED AND DECREED THAT Linda C. Gabel , PLAI NTI FF, Scott Gabel 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; None By AmS/J~ PROTHONOTARY ~:f.:f."'+' Of+' :f.'f.:+: ;f.'+' +.+. CI'''' 'f'f+.+.'f.;+;+.+.:t::f +. +.+'+.+'+''+':1' Of :+' "" +' +. +. '" '" + +. Of +. + +. J. + + + + + . + + + + . + . + . + . + . + + . + + . . + + + + . . . + + + + . + + + . + . . + + + + + + . + + + + + + + + + + . + + + + + + + + . + + + +H . .~ :7 ~~ r~J< _971./. r .?;A" ~ /;!r~/' ~f7r~7 ..>0- tj. (? .. LINDA C. GABEL, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE SCOTT GABEL, Defendant :NO. 2004-4966 CIVIL TERM CERTIFICATE OF SERVICE I, Amy 1. Kruzel, hereby certify that I am serving true and correct copies of the Praecipe to Transmit the Record and Divorce Information Sheet on Defendant, Scott Gabel. I am doing so by depositing a copy of same in the United States mail, First Class, postage prepaid, this 14th day of February 2005. I am mailing the copy to the following address: Mr. Scott Gabel 712 Y, Dunkle Street Harrisburg, P A 17113 Date: ~I ~OO~ ~'t l~(\ll ~ ~ Amy Kruzel Legal Intern F AMIL Y LAW CLINIC 45 South Pitt Street Carlisle, P A 17013 (717) 249-2968 1-,' \".'