HomeMy WebLinkAbout05-3208
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CYNTHIA L. GILBERT,
Plaintiff
vs.
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)
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)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. os- 3-' oj' CAd {;.<--
WILLIAM C. GILBERT,
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
foregoing 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 in 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 Courthouse
1 Courthouse Square
Carlisle, PA 17013
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
Telephone: (717) 249-3166
II
CYNTHIA L. GILBERT,
Plaintiff
vs.
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)
)
)
)
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)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - lAW
NO. () 5' 3";;0) C~,:<-I T:'_
WilLIAM C. GILBERT,
Defendant
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a 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) of the 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.
II
vs.
)
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
CYNTHIA L. GILBERT,
Plaintiff
NO. 0 $- 3..;1 vf C'mit;;~~
WILLIAM C. GILBERT,
Defendant
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, CYNTHIA L. GILBERT, by her attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is CYNTHIA L. GILBERT, an adult individual who currently resides at
31 Riverview Drive in Enola, Cumberland County, Pennsylvania.
2. The Defendant is WILLIAM C. GILBERT, an adult individual who currently resides
at 633 Herrin Lane in Enola, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents 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 17 October 1987 in Camp Hill,
Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff
may have the right to request that the Court require the parties to participate in counseling.
COUNT I -IRRETRIEVABLE BREAKDOWN
8. The Plaintiff requests this Court to enter a Decree in Divorce.
II
WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the
Divorce Code of Pennsylvania.
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Sa I C. A~ ~
Attorney for Plaintiff
Supreme Court 10 # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
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I verify that the statements made in this Complaint are true and correct. I understand
that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
Date:
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Cv. THIA L. GILBERT
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CYNTHIA L. GILBERT,
PLAINTIFF
CIVIL ACTION - LAW
NO. 05-3208 CIVIL TERM
WILLIAM C. GILBERT,
DEFENDANT
,
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IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby accept service of the Divorce Complaint in this matter and acknowledge receipt
of a copy of that Complaint as of this date.
Date: {i -..:J '7 - D '50-
11 '~ /7
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WILLIAM C. GILBERT
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II
CYNTHIA L. GILBERT,
Plaintiff
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vs.
WILLIAM e. GILBERT,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-3208 CIVIL TERM
IN DIVORCE
AfFlDA VIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 23
June 2005 and served on 27 June 2005 on the Defendant.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 330Hc) 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 are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. e.S. Section 4904
relating to unsworn falsification to authorities.
je - (; - 0.)"-
Dated:
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WILLIAM e. GILBERT
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----
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II
CYNTHIA L. GILBERT,
Plaintiff
)
)
)
)
)
)
)
)
)
vs.
WILLIAM C. GILBERT,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 05-3208 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 23
June 2005 and served on 27 June 2005 on the Defendant.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVQRCE 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 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.
.-Jofc') I I CYT
Dated:
6':f-h>12 ~ ~1L&b~
, THIA L. GILBERT
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II
CYNTHIA L. GILBERT,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2005-3208 CIVIL TERM
WILLIAM C. GILBERT,
Defendant
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. Grounds for Divorce: Irretrievable breakdown under Section 3301 (c).
2. Date and manner of service of the Complaint: Acceptance of Service filed bv Plaintiff's
counsel indicatina service on or about 27 June 2005.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301
Ie) of the Divorce Code: By Plaintiff: 27 October 2005 By Defendant: 6 October
2005
(b) 11) Date of execution of the Affidavit required by Section 3301 (d) of the
Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit
upon the Respondent:
4. Related claims pending:
None.
5. Complete either {a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit Record, a copy of which is attached:
Ib) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed
with the Prothonotary: Dated 27 October 2005 and filed contemporaneouslv
herewith. Date Defendant's Waiver of Notice in Section 3301 Ie) Divorce was filed
with the Prothonotary: Dated 6 October 2005 and filed contemporaneouslv
herewith.
Date: 27 October 2005
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PEN NA.
CYNTHIA L. GILBERT,
Plaintiff
No.
2005 3208 CIVil TERM
VERSUS
WilliAM C
GII RERT,
Defendant
DECREE IN
DIVORCE
AND
NOW,-1J~ ,
CYNTHIA L. GILBERT
IT IS ORDERED AND
2005
DECREED THAT
, PLAINTIFF,
AND
WILLIAM C. GILBERT
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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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
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BY T)'!'{, ;;:U"T/..///
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ATTEST:
PROTHONOTARY
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