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Home My WebLink About05-3239 'I v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005- .J ~ ::J '1 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE KARLlSMA R. SOUDERS, Plaintiff GARY D. SOUDERS, 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. 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 TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 II v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.2005- 3,;(,,3<q CIVIL TERM CIVIL ACTION-LAW IN DIVORCE KARLlSMA R. SOUDERS, Plaintiff GARY D. SOUDERS, Defendant DIVORCE COMPLAINT 1. Plaintiff is Karlisma R. Souders, an adult individual who currently resides at 2245 Apt. B, Ritner Highway, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Gary D. Souders, an adult individual who currently resides at 25 Broad Street, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant have been a bona fide residents in 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 July 2, 1983 in West Hill, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. I II 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Date: Respectfully submitted, O'BRIEN, BARIC & SCHERER 4-0<1/05 . rt/ii...4 fA- Michael A. Scherer, Esquire 1.0.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff, Karlisma R. Souders mas.dir/domestic/souders/complaint.pld !I VERIFICATION The statements in the foregoing Divorce Complaint are based upon information which has been assembled by my attorney in this litigation. The language of the statements is not my own. I have read the statements; and to the extent that they are based upon information which I have given to my counsel, they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsifications to authorities. DATE: (~cJ/d~ ..-..~ f\ --- ~ ~ <... ~ ~ ~ W --.J 'f'.. ""-t:::, ~ ;~ P G\ ~,' c .<:--- ~ ....' z::.;~~ <-'" c.~ (,:~: o -n ::;J fil~ \ ;3),~). ~ -'..c'-''\ ~ ,.~~~ ~E .,<: N x:- ~' .', r::) c/) II KARLlSMA R. SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005- JGl811 CIVIL ACTION-LIl.W IN DIVORCE CIVIL TERM GARY D. SOUDERS, Defendant ACCEPTANCE OF SERVICE AND NOW, on this the ~h_ day of July, 2005, I, Gary D. Souders, Defendant above, hereby accept service of the Divorce Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. aL. \.,l L ~Souders ('M+H--.t.W !Ift: <c (') c ,..., c~ = "-" (.... ~ :~:'-. ~ ..... ::r:-n {"np -om ':-,0 ~: (\~j; "':-:' ' f~ \"'., Cl -,;::'" :.;.,,"" _e.'.. r<' (.,.) II KARLlSMA R. SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3239 CIVIL TERM GARY D. SOUDERS, Defendant CIVIL ACTION-LAW IN DIVORCE PLANITIFF'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 Section 3301 (C) of the Divorce Code was filed on June 24, 2005. 2. Defendant signed an Acceptance of Service form on on July 8, 2005. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: October /!) , 2005 ,- ~_.~ o'. ,/ . / ,/' "d ,: ~ . I ,/1., ,,:/ /1([ L,~ J./l-."J. '~ (.dt: .;..~ ;' \. KARLlSMA R. SOUDERS n ...., c::; C~ () 1-:::;) (,;.;"1 -n 0 :::::1 -e' N -V 1'::' .--< _. f'.> " " KARLlSMA R. SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , " V. NO. 2005-3239 CIVIL TERM GARY D. SOUDERS, Defendant 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 3301 (c)of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant signed an Acceptance of Service form on July 8, 2005. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on October 10, 2005; and Defendant on October 31,2005. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce Code: None. Respectfully submitted, MiCh~~~uire q '--;- ......, C::-~ C::2> Co.."! o ..,., .... I-n rn~, -0' , -::';0 (~(~ .,-.! C..l .....::: c ~) ;';~f~ ":,,) ;;::,1 "35 :-< il KARLlSMA R. SOUDERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2005-3239 CIVIL TERM GARY D. SOUDERS, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301lc) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (C) of the Divorce Code was filed on June 24, 2005. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. II I 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 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. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require I counseling. I ,i 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: October 3/ ,2005 ~ ~,0 ~RY D. SOUDERS -, "c::1. ',:Ft -:;. t::.;. "':.- --- o ~ ::;l-n r"i''\~ \. .tI~, .-<1---; ~j)'')->I "-',~;.f , ,,~i Z. '0. '.4 ~. ...".. 1'" .' ~) "<.:-J