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HomeMy WebLinkAbout02-0585JAMES T. GIBSON, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 0~-- 6~ff~ .' JOETTE GIBSON, : CIVIL ACTION - LAW Defendant : 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 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, Cumberland County Courthouse, Harrisburg, 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. Court Administrator Cumberland County Courthouse 4th Floor, One Courthouse Square Carlisle, PA 17013 (717) 240-6200 JAMES T. GIBSON, Plaintiff VS. JOETTE GIBSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE Count I Divorce 1. Plaintiff is James T. Gibson, an adult individual who resides at 542 Harvest Lane, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Joette Gibson, an adult individual who resides at 503 Katrina Court, Mechanicsburg, Cumberland, Pennsylvania 17055. 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 September 30, 1975, in Tennessee. o parties. There have been no prior actions for divorce or annulment between the 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the court require that the parties participate in counseling. 8. Defendant is not a member of the armed services of the United States or any of its allies. WHEREFORE, plaintiff requests the Court to enter a Decree of Divorce Count II Equitable Distribution Paragraphs 1 through 8 are incorporated herein by reference. 10. Plaintiff states that the plaintiff and defendant possess various items of both real and personal marital property which is subject to equitable distribution by the Court. WHEREFORE, plaintiff requests that this Court equitably distribute all property, personal and real, owned by the parties. Tin~~'~onnell, Esquire 4415'Nozfl5 Front Street Harrisburg, PA 17110 (717) 232-4551 Attorney for plaintiff JAMES T. GIBSON, Plaintiff VS. JOETTE GIBSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : 1N DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code 1. The parties to this action have continued to live separate and apart for a period of at least two years, since November 1998. 2. The marriage 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 grated. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: 1-31-o JAMES T. GIBSON, Plaintiff : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. JOETTE GIBSON, Defendant : CIVIL ACTION - LAW : IN DIVORCE Verification I verify that the statements made in the foregoing Complaint are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unswom falsification to authorities. Date:t-o,.Z. Z Z 5. r~ I JAMES T. GIBSON, Plaintiff VS. JOETTE GIBSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-585 CIVIL TERM : : CIVIL ACTION-LAW : IN DIVORCE AFFIDAVIT OF ACCEPTANCE OF SERVICE I, RICHARD C. RUPP, attorney for Defendant, Joe~e~C~son, do hereby swear and affirm thatlaccepted service of a tru~l~~in Divorce on February 5, 2002. ~,~ Ricl~ard C. Rupp, Esquire ~A~t/orney I.D. No. 34832 R~pp and Meikle 355 N. 21st St., Suite 205 Camp Hill, PA 17011 717-761-3459 Attorney for Defendant, Joette Gibson JAMES T. GIBSON, Plaintiff VS. JOETTE GIBSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-585 CIVIL TERM : : CIVIL ACTION-LAW : IN DIVORCE COUNSELING AFFIDAVIT 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Domestic Relations office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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. Date: Defendant JOI~'EGIBSON, JAMES T. GIBSON, Plaintiff VS. JOETTE GIBSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-585 CIVIL TERM : : CIVIL ACTION-LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 4, 2002. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. I consent to the entry of a final decree of divorce after service of notice of 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. Section 4904 relating to unsworn falsification to authorities. Date: JOE~E GIBSON, Defendant JAMES T. GIBSON, Plaintiff VS. JOETTE GIBSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-585 CIVIL TERM : : CIVIL ACTION-LAW :IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I consent to the entry of a final Decree of Divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. 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 if 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. Section 4904 relating to unsworn falsification to authorities. Date: JO~J~-GJ'BSON, I~e~endant JAMES T. GIBSON, Plaintiff VS. JOETTE GIBSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COLrNTY, PENNSYLVANIA : NO. 02-585 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(d) of the Divome Code was filed on February 4, 2002. 2. The marriage of plaintiff and defendant is in:etrievably 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 of 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. Section 4904 relating to unsworn falsification to authorities. Date: II/q/O& ~~L,~_~ibso~ , ~cia][ Security No. JAMES T. GIBSON, Plaintiff VS. JOETTE GIBSON, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-585 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 axe true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: l (/L//0/.~ ~. fl~-'G~bson Social Security No. JAMES T. GIBSON, Plaintiff V. JOETTE GIBSON, Defendant : IN THE COURT OF COMMON PLEAS : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-585 CIVIL : CIVIL ACTION - LAW : 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: irretrievable breakdown under Section 3301d of the Divorce Code. 2. Date and manner of service of the complaint: served February 5, 2002 on attorney for defendant--See Acceptance of Service flied September 27, 2002. 3. Date of execution of the affidavit of consent required by Section 3301 c of the Divorce Code: by plaintiff: November 4, 2002 and filed herewith; by defendant: September 27, 2002, and filed September 27, 2002 4. Related claims pending: none 5. Date of plaintiffs Waiver of Notice in Section 3301c Divorce: dated November 4, 2002 and filed herewith. Date of defendant's Waiver of Notice in Section 3301c Divorce: dated September 27, 2002, and filed September 27, 2002. Timothy J. O'Cormell, Esquire Turner and O'Counell 4415 North Front Street Harrisburg, PA i[7110 (717) 232-4551 Attorney for plaintiff IN THE COURT OF OF CUMBERLAND STATE OF ~ COMMON COUNTY PENNA. PLEAS JAMES T. GIBSON Verslls ...... JOETTE.GIBS~ .......................... DECREE INA D ~ V-Oi~ C EIq il~ o!~er~e~ ~{~)/~ ' AND NOW ............. ~v~ ...... '-.I ..... ~P~ .... it is and decreed thut ...~ .~...~J.~Qn ................................ plaintiff, ~nd.. J~tte ~$b$o~ ...................................... defendant, ere divorced from the bonds of m~trimony, The court retains jurisdiction of the follo~ving claims which have been raised of record in this action for which a final order has not yet been entered; ...T~.~..Mg.~9~. ~ement Agreement between James T. GJbson and Joette GJbsondatedSept~b~ ~','~bb~','~hhYfb¥ .. into. th~s. decree ......................................................... By : ~ ~-"'"~'~ [I Prothonotary