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HomeMy WebLinkAbout05-4034 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DYANA GAINES, Plaintiff NO. 6 S" - 4D3l.{ ~~uj. ~~ vs. CIVIL ACTION - LAW BRETT GAINES, 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 relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. When the grounds 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 the Cumberland County Court House, Carlisle, Pennsylvania 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DYANA GAINES, Plaintiff NO. vs. CIVIL ACTION - LAW BRETT GAINES, Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se Ie avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio 0 anulamiento puede ser emitido en su contra por la Corte. Una decision puede tam bien ser emitida en su contra por cualquier otra queja 0 compensacion reclamados por el demandante. Usted puede perder dinero, 0 propiedades y otros derechos importantes para usted. Cuando la base para el divorcio es indignidades 0 rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDlCADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. O~ -1163([ C;u~L '--r-Efl...~ DYANA GAINES, Plaintiff vs. CIVIL ACTION - LAW BRETT GAINES, Defendant IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Dyana Gaines, being duly sworn according to law, deposes and says: I. 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 Office of the Prothonotary, 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: 8l}-~:5 / ( ~/) Dy.. Gaines .-~--'-- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D5 - 4()?'Y CI~~L ~, DYANA GAINES, Plaintiff vs. CIVIL ACTION - LAW BRETT GAINES, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 3rd day of August, 2005 , comes the Plaintiff, Dyana Gaines, by her attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: I. The Plaintiff, Dyana Gaines, is an adult individual who currently resides at 4070 Rufus King Court, Enola, Cumberland County, PA 17025. 2. The Defendant, Brett Gaines, is an adult individual who currently resides at 4070 Rufus King Court, Enola, Cumberland County, PA 17025. 3. The Plaintiff and Defendant were married on or about October 19,2002, and separated on or about August 2, 2005. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. Respectfully submitted, . Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION I, DYANA GAINES, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa.C.S. Sec. 4904. 3 k!o5 , ~ ~//1---- Dy Gaines " Date: j{ . - P -'Q - f:J Il ....0 G \\:- C> 0 ~ ~ . c: '?f.. ~~ ~ (;J trr. ~'0(T' ~ \' C> r'\"'f" G" ..:t .. 7c;'~ ~. , 'D~ --cJ fj~)- c;$J D ).J ~-(' ^ ~~:;Q ~ r- <::-2.- ..., 'Z;~ 1:;.'> ~ ",0 ~ i:!~ ~ Y'c:' ~ ~ ~ Cl' -r- - --- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DYANA GAINES, Plaintiff NO. 05-4034 Civil Term vs. CIVIL ACTION - LAW BRETT GAINES, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on Augus~ 8, 2005 2. The marriage of Plaintiff and Defendant is irretrievably 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. 4. 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. 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: /2-Z0-2.0fJ) 1kttJ- Brett Gaines, Defendant (~ ~." c:::' .. , c::::;, c"', ." I ~ -1 .->.'" :-L rTi I ,-" 1",,,) - 0 \.0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DY ANA GAINES, Plaintiff NO. 05-4034 Civil Term vs. CIVIL ACTION - LAW BRETT GAINES, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 8, 2005 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the coml?laint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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. 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: /;}. /; /05 I I a~~\ Dyan~aines, Plaintiff "-, c;,~" (~) "[I '-1 -r- ~:1 '~;"~l ':::7. c_ >~ GJ -:', r..) .,~ :', C";J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA DYANA GAINES. Plaintiff NO. 05-4034 Civil Term vs. CIVIL ACTION - LAW BRETT GAINES, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 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 veri fy that the statements made in the foregoing 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. DA TE: 0 /3 !os I r "J C;::.;, ,~ (:..:~) ~;i cr.~ L.._ s: I G) I:~' (--'. C' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA DYANA GAINES, Plaintiff NO. 05-4034 CIVIL TERM vs. CIVIL ACTION - LAW BRETT GAINES. Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, Brett Gaines, Defendant herein, do depose and say that I personally received and accepted service of a true and correct copy of the Complaint in Divorce and Notice to Defend and Claim Rights in the above captioned action on the 2)l" day of AlAj(,{,f ,2005, and I accept same by my signing below. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904 relating to unsworn falsification to authorities. DATE: I3hb/uPS h~ Brett Gaine~ n C' ~~ (.~.. I...) -.t :.:3 :;....,.>' I (,.) -0 ;:! :\ c:> C;, - r.. ,- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DYANA GAINES, Plaintiff NO. 05-4034 vs. CIVIL ACTION - LAW BRETT GAINES, Defendant IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD I. Grounds for divorce: ,/ Section 3301(c) ofthe Divorce Code Section 3301(d) of the Divorce Code 2. (a) Date complaint filed: August 8. 2005 (b) Date of service of the complaint: August 26. 2005 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the complaint: Certified mail, restricted delivery to and return receipt signed by defendant First-class mail-not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused: Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) _,/ ~ Acceptance of service (Copy attached) By publication pursuant to Order of Court (Copy of Order attached) 1. (a) Affidavit of consent required by Section 3301(c) of the Divorce Code: Date of execution: plaintiff: December 3, 2005 defendant: December 20.2005 .... .- Date of filing: plaintiff: contemooraneouslv herewith defendant: contemooraneouslv herewith (b) Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of filing: Date of service upon defendant: Manner of service: I. Related claims pending: None. All economic claims have been settled. 2. (a) Date of service of the notice of intention to file praecipe to transmit, a copy of which is attached: Manner of service: (b) Date waiver of notice to file praecipe to transmit was filed with the Prothonotary: By plaintiff: contemporaneouslv herewith By defendant: contemporaneouslv herewith VERIFICATION I verifY that the statements made in this praecipe are true and correct, understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. 94904 relating to unsworn falsification to authorities. /)./J-9/t;(/ , I Date !!-2~ ~~~ G. Patrick O'Connor Attorney for Plaintiff I--~. ,-~:j r"'., c.-:.~ ,..~.- ., ~:;--, ~" ~:--l s.:- '-;i I c.; -C" I.,:;. ~-" . rr)~\L 1- J~7Iet.v -"""3J.lf'OCY -VD~~o;J,O h11t1 ot- /:J~'E:W /'r!j~) r.11\f~c7 "101 '1/1 ... . .,. " ..