Loading...
HomeMy WebLinkAbout05-3648 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNiY - PENNSYLVANIA Jarrod J. Gilbert Plaintiff : No. 0S - ~Is:,'-IJ> Cw'l:. I~ : Civil Action - Law vs. : In Divorce Lindsay M. Gilbert 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 in divorce or annulment may be 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 the custody or visitation rights 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 the Cumberland County Courthouse, Carlisle, Pennsylvania. If YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERiY, 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 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y - PENNSYLVANIA Jarrod J. Gilbert Plaintiff : No. DS' -3blff C.i L>IL '---r82..VVV : Civil Action - Law vs. : In Divorce Lindsay M. Gilbert Defendant COMPLAINT UNDER SEmON 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Jarrod J. Gilbert, who currently resides at 5 West Hatchery Road, Newville, Cumberland County, Pennsylvania, 17241 since November 15, 2004. 2. Defendant is Lindsay M. Gilbert, who currently resides at 128 Hitching Post Road, Bozeman, Montana, 59715 since February 15, 2005. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for twenty-five years. 4. The Plaintiff and Defendant were married on May 3, 2003 in Newville, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a decree of divorce. Respectfully submitted. _\~, H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 I verify that the statements made in this Complaint 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: 7-S-oJ ~g1 ;J x!J~v Jarrod J...Gilbert 0 .tQ. ~ g 7jt ...c \) .-> 0 . 0 c~ C~'> '-ro' ~ lr1 ~;,;,:. <f' ....; - . '-- :r:-n \) "': ('0':: rn~-~ 1\ ~ " ," _-;S; -~,::..C) '" p} '" o.J :~?J~::; -c:: _;0.,-'-1'1 ~ -Cl :-"?(',-';" -'>-.- ,:,:,,~ (0 y;:- ~,,,) .~ J .' -- :.1], Ci .- - ---- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Jarrod J. Gilbert, Plaintiff : No. 05-3648 Civil Term : Civil Action -. Law vs. : In Divorce Lindsay M. Gilbert. Defendant AFFIDAVIT OF SERVICE , .i H. Anthony Adams, Esquire being duly sworn according to law deposes and states that a complaint in divorce was mailed to Lindsay M. Gilbert, of 128 Hitching Post Road, Bozeman, Montana, 59715, certified mail, return receipt requested on July 20, 2005 and was accepted on delivery by Lindsay M. Klouser (who is the same person as Lindsay M. Gilbert, Klouser being her maiden name) I :nAug'''~2~O~ _ .... \~. .'....,1", .1.... ~ ())?' I =1111 C H. An ()ny Adams, Esquire il i i-ltil.ltl,l ~~~g~;:' 5';00 3 It ~ ~f~tll:' ~=ii6A lnS7 ~. ~ f ~rrlil ' ~O~a~)o~n~~c~~:~ ~~~5. I ~: FJ[ct :~I' ~-..~/d~ ,e. Notary Public c: My Commission Expires: 1~;l'l ~;:ir= ;: I,l,f. /;.... u.~."= D>::J~.O UJ!~ ,ilf .~ (I If , I . ~ .;',1"'" .,.J. lj'i~'~~>;:\ 0 ...., 0 = .~- = "1', U'l --;-I -."1 ;:9 (" ;,:::::....... ?5. :!EO ""'" ;: : :x 15f .-0 Pc: ~ -, ?5 ~- :<! r- 0 -< .. '':'"e", ~ ,./ '...' .'d'. 'H ~,4'" (. :'"'-~p.~Cj. ;J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Jarrod J. Gilbert Plaintiff ()5- 3(,'18 : No. 05-3-78-Civil Term : Civil Action - Law vs. : In Divorce Lindsay M. Gilbert Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 18, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3. I consent to the entry of the 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: 5' -/7-0( ~ .1 ..t~ J.-frrod J. Gilbert r-..,) => = <::>' L.. ~: ....,:.'"':::"" o 11 ~ m:!J I -r.: iT: :GCJ -~ ~~j :;~~~ Om ,:-.~ :iJ -< I -.J -0 :::r. N .. N N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY - PENNSYLVANIA Jarrod J. Gilbert Plaintiff 05~3(''''8 : No. .as-37& Civil Term : Civil Action - Law vs. : In Divorce Lindsay M. Gilbert Defendant 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 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 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. Date: S - J7 -0' ~;/Uh Jarrod J. Gilltert o c; r-:> = <-~ 0.... <- s; ~;..... ~ --l :J.:-n I'll r:; -DiJ' :~~\~~ '..j (~~} ',,,-f'n ~ ~ =< I ....J -0 _t'" J-J,;.. r;-? N N # . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY - PENNSYLVANIA Jarrod J. Gilbert Plaintiff : No. D5- 3loif8 : Civil Action - Law vs. : In Divorce Lindsay M. Gilbert Defendant AFFIDAVIT OF NON MILITARY SERVICE I, Jarrod F. Gilbert, being duly sworn according to law depose and state that Lindsay M. Gilbert, is not a member of any United States Military Service or in the military service of any country nor has she ever been a member of any United States Military Service or the military service of any country. hmd t hJk Jafr-od J. GHhert ~ Sworn to and subscribed is !~day of May, 2006. r Notary Pu lic My Commission Expires: Notarial Seal H. Anthony Adams, Notary Public Shippensburg Boro, Cumberland County My Commission Expires May IS, 2006 Member, Pennsylvania Association ot Notaries f'"...) = L;::::> 0" L. C~ ""~"i)oO' o .1 .-1 I" [11 c: ~~;~, .~i~ ( I ':::4 -..,. "'.0 ~ I -.J -0 -.- -:....... N .. N f'J , ... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Jarrod J. Gilbert Plaintiff 3~\f6 : No. 05-371fClvil Term : Civil Action - Law vs. : In Divorce Lindsay M. Klouser Defendant Petition to Amend the Caption of the Case and Defendant's Name In the Pleadings Nunc Pro Tunc 1. Plaintiff is Jarrod J. Gilbert an adult Individual who resides at 5 West Hatchery Road, Newville, Pa. 17241 2. Defendant is Lindsay M. Klouser an adult individual who resides at 709 S. 12th Street, Bazerman, Montana 59715 3. A complaint in divorce was filed on or about July 18, 2005. 4. The caption of the complaint was not correct in as much as Defendant does not use and has never used the name Lindsay M. Gilbert. 5. The Defendant's correct name Is Lindsay M. Klouser. Although married she had not adopted her husband's last name. , , . .... Wherefore, The parties request that the caption of the matter and defendant's name be amended Nunc Pro Tunc to reflect the Defendant's correct name Lindsay M. Klauser. Respectfully submitted. J~~ H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 . . , ... I verify that the statements made in this Petition 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:~O& . '" . ,~ . - I verify that the statements made in this Petition 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: 7-10' or, f:fI--6~ Jjlfrod J. i1bert ~ ~? >.. ", ~::~'; (:.;...'"'- <' ~r1 0:'> "i; c::? C..,:\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY - PENNSYLVANIA Jarrod J. Gilbert Plaintiff 36 l/~ : No. 05-378 Civil Term : Civil Action - Law vs. : In Divorce p "', 0 ;;~) ,~"~:.:) -n , 0 , c. :~ . -- '. -n r--- nl i ~,:. ~2.} C) , - " -, ; , 'r.,. C) ~D f'~..:;, .< Lindsay M. Klouser Defendant 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service was made by Certified Mail Return Receipt Requested on July 20, 2005. An Affidavit of Service has been filed. However the return receipt card was not received so an acceptance of service was signed and filed. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code; by the Plaintiff May 17, 2006; by Defendant June 25, 2006. 4. Related claims pending: None. 5. Plaintiff's Waiver of Notice was signed on May 17, 2006 and was filed on June 7, 2006 and Defendant's Waiver of Notice was signed June 25,2006 and is filed herewith.", \ \ r ~~C\ ') ~ H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 c,.~ G~,'. :::;! ;-;7 - C) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Jarrod J. Gilbert Plaintiff vs. 3bV8 : No. 05-.378 Civil Term : Civil Action - Law ~: In Divorce Lindsay M. Gilbert Defendant AFFIDAVIT OF SERVICE H. Anthony Adams, Esquire being duly swom according to law deposes and states that a complaint in divorce was mailed to Lindsay M. Gilbert, of 709 S. 12th Street, Bozeman, Montana, 59715, certified mail, retum receipt requested on July 20, 2005 and was accepted on delivery by Lindsay M. Gilbert on or about that date. The retum receipt was not in fact retumed and Lindsay M. Gilbert has signed an acceptance of service. rT1 <0 I"- .-'I ..n I"- .-'I II"' ru d Cl Cl u S. Post~1 Sf" Vi( ( CERllF1ED MAIL RECEIPl (DomestIc Malt Only No Insurance Coverage ProvIded) . .. . . . . .. . &O!tfiITI597IsC I A L USE I _$ $0.60 >1.'" 0257 Certified Fee O~ tl~ ......... Return~F88 - (EndO_ R..~rod! A8lItrIcted De!MM'y Fee $J.~ (Endor8ement Required) $ $8.15 0712O/200S Total Poeta08 & Fees Cl II"' rT1 Cl IJ1 Cl ~ llt..i.'Ai":1'lii,--.....................---............---...........---...-------...... or PO Bolt No. ~.~Z';O;;;'-------..-----................................_.................... o ~ --:, ~ H. Anthony Adams, Esquire Attorney for Plaintiff 49 W. Orange Street, Suite 3 Shippensburg, PA 17257 (717)-532-3270 Swom to and subscribed this I ~day o~ 2006. ~_~, / . ~.L- Notary Public My Commission Expires: co.llllflWfALlH OF I'INNI'ILYNM IIAL . NalIIy PulIIc CumlMI....d CQunly ~JIn. e. 2001 , '" .~.~ .",.,,_3" '\0 K' ~ll""""""""<' ,.""....-_",l' .~..... .....-----......--.~-. ~......- .~p jlliM~ --{v.'/O'<f. .iW'I' ~:Jt>..~w.;;;).' ~""'!i C nJ')\ t\fiy\O:C"1 "'~- () (-:-.. ,c, ,~.~ f"",.) C:;;;;.o <;::,.:> C;;-.. (') "n ( ( c:> ,1; C:J W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - PENNSYLVANIA Jarrod J. Gilbert Plaintiff 36lfe, : No. 05-m-tivil Term : Civil Action - Law vs. : In Divorce Lindsay M. Klouser Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) of the Divorce Code was filed on July 18, 2005. 2. The marriage of Plaintiff and Defendant is Irretrievably broken and ninety days have elapsed from the date of filing of the Complaint and service on Defendant. 3. I consent to the entry of the 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: 1.//15/04 .. ';-'~" .,:~! . ~,:;-' i " C:J -n --l ;-1"1 c ,...'":.~ (.,:' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y - PENNSYLVANIA Jarrod J. Gilbert Plaintiff 3'-Ve> : No. OS-:i=?8 Civil Term : Civil Action - Law vs. : In Divorce Lindsay M. Klouser Defendant 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 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 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. Date: (!)lJff pfsJ ~... /"- ~d~y"-~u';er - :i~ ;-;1 cc C) roC . , ., . . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNlY - PENNSYLVANIA Jarrod J. Gilbert Plaintiff 36YB : No. Os-31?'Civil Term : Civil Action - Law vs. : In Divorce Lindsay M. Klouser Defendant ORDER AND NOW, this J~ day of July, 2006 after consideration of the Petition filed with verification by both parties and upon the motion of H. Anthony Adams the caption in this matter is amended to list the Defendant as Lindsay M. Klouser instead of Lindsay M. Gilbert. J \ "'/""/< ~ ""'I I, f' .n\ ,\\~ ,.'. ~'" . I.) I ,. J ~ 0'" .. (J'.1 (j'~i,'SL P)',,\\ .-.\'''- ------- " IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Jarred J. Gilbert Plaintiff 3bl{B No. 05-~ Civil Term " . VERSUS T.inn~.l=IY M J(lnl1~p.,... Defendant " . DECREE IN DIVORCE " " AND NOW, JUlyJ! J3..{Of'~. 2006 ,IT IS ORDERED AND " . . . . DECREED THAT Jarred J. Gilbert , PLAINTIFF, . " . Lindsay M. Klouser 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 . . . . . AmSTd . ~ c ~ PROTHONOTARY J. . . . .;At ~ ~ ..-" ~JI, 91, ~e -L '"""I't7lr ? ~ ~ +'9 "". ~e -L .