HomeMy WebLinkAbout05-1207
In the Court of Common Pleas of Cumberland County,
Pennsylvania
CHRISTOPHER J. GARRETT,
Plaintiff,
)
)
)
)
)
)
No. 2005 - I)., 07
CIVIL TERM
IN DIVORCE
vs.
ANNETTE E. GARRETT,
Defendant.
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 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 ofthe Prothonotary
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LA WYER'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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(7] 7) 249-3166
In the Court of Common Pleas of Cumberland County,
Pennsylvania
) IN DIVORCE
CHRISTOPHER J. GARRETT, )
Plaintiff, )
vs. ) No. 2005-
)
ANNETTE E. GARRETT, ) CIVIL TERM
Defendant. ) IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in divorce proceeding filed in the
Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance
with Section 3302(d) ofthe Divorce Code, you may request that the court require you and your
spouse to attend marriage counseling prior to a divorce being handed down by the court. A list
of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
the cost of counseling sessions are to be borne by you and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver
of your right to request counseling.
Michael S. Travis
lD No. 77399
3904 Trindle Road
Camp Hill, PA 17011
(717) 73] -9509
In the Court of Common Pleas of Cumberland County,
Pennsylvania
ANNETTE E. GARRETT,
Defendant.
)
)
)
)
)
)
No. 2005 - 1;'01
CIVIL TERM
IN DIVORCE
CHRISTOPHER J. GARRETT,
Plaintiff,
vs.
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by his attorney Michael S. Travis, respectfully represents:
I. Plaintiff is Christopher J. Garrett, who resides at 219 Clay Street, Apt. 2, Enola,
Cumberland County, Pennsylvania, 17025, since January 2004.
2. Defendant is Annette E. Garrett, who resides at 107 Old York Road, Apt. 32, New
Cumberland, York County, Pennsylvania, 17070, since February 2004.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on October 25. 2000. at Harrisburg,
Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The parties have been living separate and apart. At a subsequent time. Plaintiff
may submit an Affidavit that the parties have lived separate and apart for at least two (2) years.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have
the right to request that the court require the parties to participate in counseling.
9. Neither party is in the Military Service in the United States.
10. Plaintiff requests the court to enter a decree of divorce.
I verify that the statements made in this Complaint are true and correct. [understand that
false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904, relating to
unsworn falsification to authorities.
Date:
1JtJ;,,{/ 3 r } eo.)
.
Christop er J
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. Michael S. Travis
Attorney for Plaintiff
I.D. # 77399
3904 Trindle Road
Camp HilI, PA l70ll
(717) 731-9502
Fax 731-9511
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
CHRISTOPHERJ. GARRETT,
Plaintiff,
ANNETTE E. GARRETT,
Defendant.
)
)
)
)
)
)
No. 2005 - 1207
vs.
CIVIL TERM
IN DIVORCE
NOTICE
[fyou wish to deny any ofthe statements set forth in this aftldavit, ~ou must
counter-aftldavit within twenty days after this aftldavit has been served on \you or th
will be admitted: !
tic a
statements
AFFIDA VIT UNDER
SECTION 3301(d) OF THE
DIVORCE CODE
I. The parties to this action separated on or before December, 2002'\ and hav
to live separate and apart for a period of at least two years. !
continued
~ The marriage is irretrievably broken.
!
3. I understand that] may lose rights concerning alimony, division qf propert '. lawyer's
fees or expenses if I do not claim them before a divorce is granted. I
I
] verity that the statements made in this affidavit are true and correctll under tand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 490r relating to unsworn
falsification to authorities. 'I
Date:
5. 1.1. 05
In the Court of Common Pleas of Cumberland County,
Pennsylvania
CHRISTOPHER J. GARRETT,
Plaintiff,
)
)
)
)
)
)
No. 2005 - 1207
vs.
ANNETTE E. GARRETT,
Defendant.
CIVIL TERM
IN DIVORCE
COUNTER-AFFIDA VIT UNDER Ii 3301(d)
OF THE DIVORCE CODE
I. Check either (a) or (b):
.J (a) I do not oppose the entry of a divorce decree.
...I (b) I oppose the entry ofa divorce decree because (check (i), (iil or both):
...I (i) The parties to this action have not lived separate and tpart for, period of
at least two years.
...I (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
...I (a) I do not wish to make any claims for economic relief. I undcrftand that 1 may lose
rights concerning alimony, division of property, lawyer's fees or cxpenses if do not
claim them before a divorce is granted. '
I
.J (b) I wish to claim economic relief which may include alimony, d,vision of property,
lawyer.s fees or expenses or other important rights. I
I understand that in addition to checking (b) above, I must also file 111 of my . conomic
claims with the prothonotary in writing and serve them on the other par.ty. r I fail to io so before
the date set forth on the Notice oflntention to Request Divorce Decree, the ivorce d erec may
be entered without further delay.
I verifv that the statements made in this counter-affidavit are true anr correct. I
understand that false stat:ments herem are made subject to the penaltIes of 8 Pa. C.c . Ii 4904
relatmg to unsworn falSIfIcatIon to authOrItIes. ,
Date:
Annette E. Garrett. De*ndant
i
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRy{iOF AD
DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR CONO
RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFlDA VIT. .
ORCE
IC
In the Court of Common Pleas of Cumberland CoJjmty,
Pennsylvania
ANNETTE E. GARRETT,
Defendant.
)
)
)
)
)
)
No. 2005 - 1207
CHRISTOPHER J. GARRETT,
Plaintiff,
vs.
CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and c rrect cop. of the
Affidavit under Section 3301(d) of the Divorce Code by first class mail. p stage pre aid. on the
following person(s), addressed as follows:
Date:
3d'7 uS-
Annette E. Garrett
107 Old York Road, Apt 33
New Cumberland. PA 17070
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lchael S. Tra is
ID No. 77399
3904 Trindle R ad
Camp Hill, PA 17011
(717) 731-9502
Attorney for PI intiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
ANNETTE E. GARRETT,
Defendant.
)
)
)
)
)
)
No. 2005 - 1207
CHRISTOPHER J. GARRETT,
Plaintiff,
,"'So
CIVIL TERM
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY
OF S 3301(d) DIVORCE DECREE
TO: Annette E. Garrett
107 Old York Road, Apt 33
New Cumberland, P A 17070
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the S 3301 (d) affidavit. Therefore, on or after May 10,2005, the other
party can request the court to enter a final decree in divorce.
If you do not tile with the prothonotary of the court an answer with your signature
notarized or veri tied or a counter-affidavit by the above date, the court can entcr a tinal decree in
divorce. A counter-affIdavit, which you may tile with the prothonotary of the court, is attached
to this notice.
Unless you have already filed with the court a written claim for economic relief~ you must
do so by the above date or the court may grant the divorce and you will lose forever the right to
ask for economic relief. The filing of the form counter-aftidavit alone does not protect your
economic claims.
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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
..
In the Court of Common Pleas of Cumberland County,
Pennsylvania
CHRISTOPHER J. GARRETT,
Plaintiff,
)
)
)
)
)
)
No. 2005 - 1207
vs.
ANNETTE E. GARRETT,
Defendant.
CIVIL TERM
IN DIVORCE
COUNTER-AFFIDA VIT UNDER S 3301(d)
OF THE DIVORCE CODE
I. Check either (a) or (b):
o (a) I do not oppose the entry of a divorce decree.
o (b) I oppose the entry of a divorce decree because (check (i), (ii) or both):
o (i) The parties to this action have not lived separate and apart for a period of
at least two years.
o (ii) The marriage is not irretrievably broken.
2. Check either (a) or (b):
o (a) I do not wish to make any claims for economic relief. 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.
o (b) I wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, ] must also file all of my economic
claims with the prothonotary in writing and serve them on the other party. If! fail to do so before
the date set forth on the Notice of!ntention to Request Divorce Decree, the divorce decree may
be entered without further delay.
I verifY that the statements made in this counter-affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. c.s. S 4904
relating to unsworn falsification to authorities.
Date:
Annette E. Garrett, Defendant
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE
DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC
RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
In the Court of Common Pleas of Cumberland County,
Pennsylvania
CHRISTOPHER J. GARRETT,
Plaintiff,
)
)
)
)
)
)
No. 2005 - 1207
vs.
ANNETTE E. GARRETT,
Defendant.
CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Michael S. Travis, certify that I have this day served a true and correct copy of the
foregoing document by first class mail, postage prepaid, on the following person(s), addressed as
follows:
Annette E. Garrett
107 Old York Road, Apt 33
New Cumberland, P A 17070
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ichael S. Travis
LD No. 77399
3904 Trindle Road
Camp Hill, PA 17011
(717) 731-9502
Attorney for Plaintitf
Date ~- / 90S
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Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 170 II
(717) 731-9502
In the Court of Common Pleas of Cumberland County,
Pennsylvania
CHRISTOPHER .J. GARRETT,
Plaintiff,
)
)
)
)
)
)
No. 2005 - 1207
vs.
ANNETTE E. GARRETT,
Defendant.
CIVIL TERM
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:
I. Ground for divorce: irretrievable breakdown under S 3301(d)(l) of the Divorce
Code.
2. Date and manner of service of the complaint: Complaint was mailed March 9,
2005, via United States certified mail. restricted delivery, return receipt requested to Defendant.
which was received by Defendant on March 23, 2005, Affidavit of service attached hereto.
3. Date of execution of the affidavit of consent required by Ii 3301 (d) of the Divorce
Code: by Plaintiff on March 27,2005; (b) Date of filing and service ofpJaintiffs affidavit upon
the respondent: March 29, 2005 (filed), March 29, 2005 (served).
4. Related claims pending: No claims were raised.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which was filed April 19, 2005: April 19. 20 US Mail first class postage
prepaid.
Date: 5- /1- (I;)
.
-
In the Court of Common Pleas of Cumberland County,
Pennsylvania
CHRISTOPHER J. GARRETT,
Plaintiff,
)
)
)
)
)
)
CIVIL TERM
IN DIVORCE
vs.
No. 2005 - 1207
ANNETTE E. GARRETT,
Defendant.
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on the below
persons by first class U.S. Mail, postage prepaid, or the means specified:
Annette E. Garrett
107 Old York Road, Apt 33
New Cumberland, P A 17070
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ichae S. fravis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
Date: J-//-u$"
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
CHRISTOPHER J. GARRETT,
Plaintiff,
)
)
)
)
)
)
No. 2005 - 1207
vs.
ANNETTE E. GARRETT,
Defendant.
CIVIL TERM
IN DIVORCE
AFFlDA VlT OF SERVICE
!, Michae] S. Travis, attorney for Plaintiff: in the above captioned action for divorce,
hereby state that a conformed and certified copy of the Complaint in Divorce was served upon
the Defendant by Certified Mail No. 70042890000] ] 6552329, return receipt requested, by
depositing the same in the United States mail on March 9, 2005, pursuant to Rule] 920.4 of the
Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As
indicated by the green return receipt card received by Plaintiffs counsel on March 24, 2005.
attached hereto, the Complaint was received by the Defendant on March 23. 2005.
! verify that the statements made in this Affidavit are true and correct. ! understand that
false statements herein are subject to the penalties of 18 Pa. C.S. 94904 l'e1ating to unsworn
falsification to authorities,
/~.
· ~ompl~te items 1, 2, and 3. Also complete
,tem 4 ~ Restricted Delivery is desired
· Print. your n~me and address on the ~verse
so that we can return the card to you
· Attach this card to the back of the m~lIpiec<l
or on the front if space permits. .
1. Article AddresSed to:
D. fs deffvery address different from Item 1?
If YES, enter derJvery address below:
ESTR'CTED
DE
DYes
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N~ Cu.1V\V){'r\~."C\\ PA I/Ino
2. ArtIcle Number
(Transfer from servIce~'"
PS Form 3811. February 2004
3. Service Type
o Certified Mail 0 Express Mail
Cl Registered , 0 Retum Receipt for NJerchaodJse
[J InSUred Mail D C.O.D.
4. Restricted Delivery? (ExIm /'eel
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7004 2890 0001 1655 2329
Domestic Return Receipt
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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STATE OF
CHRISTOPHER J. GARRETI',
Plaintiff,
VERSUS
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ANNEITE E. GARRE1'l',
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Defendant.
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PENNA.
NO. 2005 - 1207
DECREE IN
DIVORCE
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AND NOW, I'Vt 71 1'1
, 7..J)()~ , IT IS ORDERED AND
.
DECREED THAT Christopher J. GArrett
, PLAINTIFF,
AND Annette E. Garrett
.
.
.
, 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;
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None.
ATTES
By THE COURT:
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