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HomeMy WebLinkAbout05-5198 SHERRIE 1. SMITH, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO.Or-S'lqp CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION. LAW : 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 claim or relief requested in these papers by the plaintiff. You may lose money or property or other right 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 LAWYER, 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 MAYBE 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 St. Carlisle, P A 17013 (717) - 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA : NO.OS"-5"lq~ CIVIL TERM SHERRIE 1. SMITH, Plaintiff JEFFREY A. SMITH, Defendant : CIVIL ACTION- LAW : IN DIVORCE COMPLAINT UNDER THE DIVORCE CODE 23 Pa.C.S.lili 3301(c) and 3301(!!} The Plaintiff, Sherrie 1. Smith, by her attorneys, the Farnily Law Clinic, set forth the following cause of action in divorce: 1. Plaintiff is Sherrie 1. Smith, who currently resides at 51 Mountain View Terrace, Newville, Cumberland County, Pennsylvania 17241 since 2000. 2. Defendant is Jeffrey A. Smith, who currently resides at 203 Meals Drive, Carlisle, Cumberland County, Pennsylvania 17013 since 2005. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 28, 1998 in Mt. Holly Springs, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The parties have lived separate and apart since November 5,2003. 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. Being so advised, Plaintiff does not wish the court require the parties to participate in.counseling. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce. Respectfully Submitted, Date: /1/4/05 , An~~~~ Certified Legal Intern ~tJM THO ROB T E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities. Date /6 - 0 </ - "S- vfJ4J<-!'~ d JJ;;; .J.J}, Sherrie 1. Smith, Plaintiff /.f ."r( .v - C) ~-~~ ....., = <:'~ <.n <:::) C") -, ~ =? hi;t1 -8 r;; :~J,~~ S? ;}1 ,.;~rf1 ~ :".0 -< I .j;-- ""'":J ::',: ~, o w SHERRIE 1. SMITH, Plaintiff v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; NO.D!:-S'[q.fJ> CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO PROCEED IN FORMA ;PAUPERIS Kindly allow Sherrie 1. Smith, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we ar,e providing free legal service to the party. Date It /<1} OS Respectfully submitted, () rWlI f f!JjJU 1VA-f- ~mt Certified Legal Intern ;/i~A iJrJ0 -- tt/cJk.. ~RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 ,...., = "'" <'J" o C"} --l ~ ~-n i:11p l)~'n :J) CjJ \~~ C=!7") ~-:::'rn <, "" ~\';>O :iJ '-< I -- -"., <J __c. r;:? o w SHERRIE 1. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5198 CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Divorce Complaint at the above-captioned docket. Respectfully Submitted, Date: l/tjC'5 a ~j' I2lL lLt ^-f-I- Angel evelant Certified Legal Intern / fl,->-./!A l a( )/( THO S . PLACE ROB RT E. RAINS LUCY JOHNSTON- WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMlL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ~, g c>' -.- "".'; c:; &<,-.... I Ce. ," C) -r1 ..-\ ""T:.." "IF. -J -'1 ,. ~~,. :;:\S~}\ ::,--!r;\ . , ':~~:'\ ":05 .-:: \.F? en Cl SHERRIE 1. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5198 CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Angelica 1. Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Divorce Complaint on Jeffrey Allen Smith, residing at 203 Meals Drive, Carlisle, Pennsylvania, by personal service by handing a copy of the Divorce Complaint to Mr. Smith at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013 on the 10th day of November, 2005 at I: 15 p.m. a~l{(j{I' j)Ud~A)- Angeli Revela C rtified Legal Intern C4, ~ V1I/ Lucy Jo n on~WaIsh, Es Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 .....,., C:::;) C) ,;; "i , -<:..J"" --1 ~ "'::r~ """,: IT! .... f7S \.~ 0-. --<. .. SHERRIE 1. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5198 CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated on November 5, 2003, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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. 94904, relating to unsworn falsification to authorities. Date I/-:JJ-OS- ~~ Sherrie 1. Smith Plaintiff (") .'\"\ -Q f'0 c.:' c'.:; SHERRIE 1. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5198 CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION - LA W : IN DIVORCE CERTIFICATE OF SERVICE I, Angelica 1. Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice ofIntention to Request Entry of S 3301(d) Divorce Decree and Counter-Affidavit on Jeffrey Allen Smith, residing at 203 Meals Drive, Carlisle, Pennsylvania, by first class mail on the 9th day of January, 2006. a~'~1 0 T\U- .~ Angeli Revelant Certified Legal Intern . (\ /7 ( ,-.wci '- F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ------- r":; ( -J (:;' SHERRlE 1. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5198 CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Angelica 1. Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Plaintiffs Affidavit and Defendant's Counter-Affidavit and Waiver of Notice ofIntention to Request Entry of 9 3301(d) Divorce Decree on Jeffrey Allen Smith, residing at 203 Meals Drive, Carlisle, Pennsylvania, by first class mail on the 6th day of December, 2005. U, L elLt..U-J Angel' Revdant Certified Leg~)~~~ W LJ-;;z tOl~h, Esq. ng Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 (717) 243-2968 c~ (.~- (.) ,; (~ -~ '\'0 I"'::> , .., ,..". '- I '. SHERRIE 1. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5198 CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION - LAW : IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Sherrie Smith, Plaintiff, through her counsel, the Family Law Clinic, moves the court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite () () () () Distribution of Property Support Counsel Fees Costs and Expenses Plaintiff, in support of the motion, states: I. Discovery is complete as to the claim for which the appointment of a master is requested. 2. Plaintiff filed for divorce on October 4,2005 under 99 3301(c) and (d) ofthe Divorce Code. The Divorce Complaint was reinstated on November 8, 2005. 3. Defendant was served with the Divorce Complaint on November 10,2005. 4. The claim for Divorce under 9 3301(d) for irretrievable breakdown of the marriage is contested. 5. The claim for Divorce does not involve complex issues of law and/or fact. 6. A hearing is expected to take one hour. 4 > WHEREFORE, Plaintiff requests that a master be appointed to hear the Divorce claim. I /~1 IN:; , I Date' (l(,~L I2UJ~ Angeli evelant Certified Legal Intern ., , ) }/ (;, Ii.,. /r1~~+: I' 'i ,M'U,t( -- Robert .- ains, Esquire Lucy Johnston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas Place, Esquire Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-240-2968 .------ ,-._1 -' , ,- :~;~ " , , c'c' - SHERRIE 1. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 05-5198 CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER !l3301(d) OF THE DIVORCE CODE I. Check either (a) or (b): ( ) (a) I do not oppose the entry of a divorce decree. / (<)/ (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ( ) (i) The parties to this action have not lived separate and apart for a period of at least two years. / (u..'/ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ( ) (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 I do not claim them before a divorce is granted. () (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, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice ofIntention 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. ~904 relating to unsworn falsification to authorities. ~~ r:L~~ Jeffr y A. Smith I /3/0 S- f / Date 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. , if; >- ',~ <:1: ;;~, 'J ~..... ~~ i~~ ~" 0 r;; ~-~ 'r"'" ~ rL. ..I N- M ~ - , - Q.: a.. l'J ~. Ii - 0 ~ o:l f~J Vi 4: ..... ex: ~: Ii '"" <( <t J: rI Jl o . U ~ . "...l -';1 C - .- ~ ~ 3 j 'S ~ ~;lo O'su - " .~ 8 Vi ~ ~ .=~ CIl~~~ o Y) .~ ..a Vi ~ :t 81: Vl.E...... ell ~ ~~ ~ ~ ~:;:;l='1)..d .....~ ~ -; t ~ =Op.,ClZVi e Q.l Q) <I) :e =~..d..c:o.nCll ~E-+E-<E-<'>tU IDe<') UQl~ __'c.l::; 0 c=U)1"-- ~()......-- Ql;;:""<( >Cllo...o... Ql ""...J,c - u.. 'tQl - >'OUi ~'E z .;: CCllU'lCll <(LL.vO " ~ 0," ~..I ;;;0..... " 0 og <>..c: UJF:~ ~It z z I:4-.E'. C E"' \ ) r: f' . u..rI:" ,,I y '-... (.) ".'1' ih b.1 .j- i') .,,,1 o r-,. .,.., 1_ - 20115 ;, ":;. (_J -n ::;:! (- : '-' ~ l I :"~, c... ,-T~ t'.) c:: C , 1-- . SHERRIE 1. SMITH, Plaintiff v. JEFFREY A. SMITH, Defendant ;} i /', ~, i. 0 v':) ,4 : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-5198 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE ORDER APPOINTING MASTER AND NOW, this -1-day of~ 2006, Robert Elicker, Esquire, is appointed master with respect to the [allowing clai : Divorce under g 330l(d) regarding irretrievable breakdown. BYM~) . ~.rV'0\1~ J. ' ~ - t~':, i::0 u"9. .,,- QE; 0: n:~.T,:~. ClC 60- ~;~~\ 0-- ~ F:- l'- o 0' - I r.r:> u..l \.<- ..:.:' """ ~ r!~~ l:/. ,> , SHERRIE L. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 5198 CIVIL JEFFREY A. SMITH, Defendant IN DIVORCE REPORT THE MASTER: Today is Friday, March 17, 2006. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Sherrie L. Smith, and her certified Legal Intern, Angel Revelant, and the supervising attorney from the Family Law Clinic, Robert E. Rains. Mr. Smith has not appeared although notice was sent to Mr. Smith at his address as noted in the complaint at 203 Meals Drive, Carlisle, Pennsylvania 17013. The complaint in divorce was filed on October 4, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims have been raised in the proceedings. The Plaintiff filed an affidavit under Section 3301(d) on December 1, 2005, averring that the parties separated on November 5, 2003, a period in excess of two years. The affidavit was served on the Defendant who responded by filing a counter-affidavit on January 23, 2006, averring that he opposes the entry of a divorce decree 1 . because the marriage is not irretrievably broken. He did not indicate, however, that the parties have not lived separate and apart for a period of at least two years. The Plaintiff resides at 51 Mountain View Terrace, Newville, Pennsylvania 17241. There were no children born of this marriage. Inasmuch as the affidavits filed by the parties confirm that they separated for a period in excess of two years, and Mr. Smith has been properly served with all documents in this matter and specifically does not contest that the parties have been separated in excess of two years in his counter-affidavit, it is the Master's opinion that the marriage is irretrievably broken. Although Mr. Smith has indicated his belief that the marriage is not irretrievably broken by the filing of his counter-affidavit, he has not appeared today nor has he in any other way participated in these proceedings. As noted, he is living locally and has been properly served with the divorce documents and also with the notice of the conference today. The Master believes that the filing of Defendant's counter-affidavit was simply an opportunity that he has taken to further delay the divorce proceedings. The two year plus separation of the parties and wife's desire to be divorced from the Defendant leads the Master to no other conclusion than that the marriage is irretrievably broken. 2 RECOMMENDATION The Master finds that the parties have been separated since November 5, 2003, a period in excess of two years. The Defendant has not participated in this action except for the filing of a counter-affidavit, which the Master has noted. Inasmuch as the parties have lived separate and apart in excess of two years, the Master finds that the marriage is irretrievably broken and recommends that wife is entitled to a divorce under Section 3301(d) of the Domestic Relations Code. Respectfully submitted, ~rJtLNi UA4Ju,-,,:- E. Robert Elicker, II Divorce Master 3 Co c- r-'~ '--.::) ,..C',:) r::.:-"" -" -~ )-::'" >0 c C) -'\1 --' ~.,. r"~~ -:E18 -) ).. ::;! ':cl'~ -~r,: '''',.J ,.:~)rn -.-\ .,,-;> o:O-'t :z -n -, - u;:; ... SHERRIE L. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5198 CIVIL JEFFREY A. SMITH, Defendant IN DIVORCE NOTICE OF FILING MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. ~~~~/a~4- Date: 3/17/06 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the .or * proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) (') ~:',~ "" = -::;, ;:--;;:-... ~ :;:I.." rnp --:om by ;;;~C) .1-;-, ';.,;~ ~:'1 "5 :< ~ ~ -' -0 \,,D SHERRIE L. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5198 CIVIL JEFFREY A. SMITH, Defendant IN DIVORCE ",,' c= (') "'::;'\ .:.:.- ~ NOTICE OF FILING MASTER'S REPORT :;::" "::0 .-1 -~ i'll:JJ .. r-- -'om ~lJC) " ! ::! ~--) --.l The report of the Master has been filed this ~ate ~gd .~~-~ ;;~ ahtl') copies have been sent with this notice to counsel of' . J(.lj'co 3'i-?l the parties. \,/-.' >,: ~~ In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed iNithin the ten (10) day period, the Court shall receive the report? and if approved, shall enter a final decree ~_n accordance with the recommendations contained in the report. Date: 3/17/06 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions 0 If no exceptions are filed, counsel shall prepare an order of Court consiste~t wlth t~e recoIT~eDd2~ions and provide __ proposed order of CO\lLt ~() ~tle Mast Counsel sha~l also prepare and plO',~d~ wi_~_t, the , proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. Form available in the Prothonotary's office and the ~laster' s off.1ce. (NOT the praecipe to transmit the record form as set out in P.R C.P. 1920.73(b).) SHERRIE L. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 5198 CIVIL JEFFREY A. SMITH, Defendant CJ c_-= .~ -.- ....., C:;;j '-_":;;:' ,:,... IN DIVORCE ~..'-,' REPORT --J THE MASTER: Today is Friday, March n, 21TI'E6. This is the date set for a conference in the above-ca~Fiq~?d;~ c.) .< divorce proceedings. Present in the hearing room are the Plaintiff, Sherrie L. Smith, and her certified Legal Intern, Angel ReveIant, and the supervising attorney from the Family Law Clinic, Robert E. Rains. Mr. Smith has not appeared although notice was sent to Mr. Smith at his address as noted in the complaint at 203 Meals Drive Carlisle; Pennsylvania 17013. The complaint in divorce was filed on October 4, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims have been raised in the proceedings. The Plaintiff filed an affidavit under Section 330l(d) on December 1, 2005, averring that the parties separated on November 5, 2003, a period in excess of two years. The affidavit was served on the Defendant who responded by filing a counter-affidavit on January 23, 2006, ;',\/::=,:, .'_ I [__i-tat h:~ (),")-()CSCS -1'1(:': ent:;~j '-j-'- I~- c':~" ',"Jl 'i I C) '"r, because the marriage is not irretrievably broken. He did not indicate, however, that the parties have not lived separate and apart for a period of at least two years. The Plaintiff resides at 51 Mountain View Terrace, Newville, Pennsylvania 17241. children born of this marriage. Inasmuch as the affidavits filed by the There were no parties confirm that they separated for a period in excess of two years, and Mr. Smith has been properly served with all documents in this matter and specifically does not contes~ that the parties have been separated in excess of two years in his counter-affidavit, it is the Master's ouinlan that the marriage is irretrievably broken. Although Mr. Smith has indicated his belief that the marriage is not irretrievably broken by the filing of his counter-affidavit, he has not appeared today nor has he in any other way participated in these proceedings. As noted, he is living locally and has been properly served with the divorce documents and also with the notice of the conference today. The Master believes that the filing of Defendant's counter-affidavit was simply an opportunity that he has taken to further delay the divorce proceedings. The two year plus separation of the parties and wife's desire to be divorced from the Defendant leads the Master to no other -"orclUSl8;1 thal~ t~?t ~he marYlage J3 ~r-2tr12vab Dru;~en RECOMMENDATION The Master finds that the parties have been separated since November 5, 2003, a period in excess of two years. The Defendant has not participated in this action except for the filing of a counter-affidavit, which the Master has noted. Inasmuch as the parties have lived separate and apart in excess of two years, the Master finds that the marriage is irretrievably broken and recorrunends that wife is entitled to a divorce under Section 330l(d) of the Domestic Relations Code. Respectfully submitted, E. Robert Elicker II Divorce Master IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA c:.Rli'RRTli' r C:MT'T'H Plaintiff vs. No. 05-5198 JEFFREY A. SMITH Civil 20 05 Defendant It appearing that the Master's report in the above stated case has been filed for ten (10) days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and Rules of Court have been met, you are hereby directed to submit the said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting thereof. TO: (' " /C'//tllP (![){,' iU(lrll^Ie.Ju~ ney for Plaintlff ~h~1 ' Pr 0 otary , DATED: y MA{ ~j, I, (}, It/jll5 f f.,D/IIG , Prothonotary of the Court of Common Pleas of Cumberland County, Pennsylvania, do hereby certify that the costs in the above stated case, have all been paid, induding the Master's fee. P 0 otary -:>J ,- t" SHERRIE 1. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND CO., PENNSYLVANIA v. : NO. 05-5198 CIVIL TERM JEFFREY A. SMITH, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER OF COURT AND NOW, this &day Of~, 2006, upon consideration of the attached Master's Report and Recommendations that the parties have been separated since November 5,2003, a period in excess of two years, that the marriage is irretrievably broken and that Plaintiff is entitled to a divorce under Section 3301(d) of the Divorce Code, it is hereby ORDERED that the recommendations of the Divorce Master are hereby approved and adopted. Plaintiff is entitled to a divorce under Section 3301(d) of the Divorce Code. J. Distribution: E. Robert Elicker, 1II, Divorce Master Angel Revelant, Certified Legal Intern for Plaintiff Teffrey A. Smith ,',' ~ .'.1 ij I SHERRIE L. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05 - 5198 CIVIL JEFFREY A. SMITH, Defendant IN DIVORCE C) ",,' C::::;.I ...:.::::. , ~~ .-1 -.- .-'--r-l lilT=-::: m C:;:' ~_... -"~ r-'=-: ari.B-n NOTICE OF FILING MASTER'S REPORT -.) The report of the Master has been filed this ~ate 8gd copies have been sent with this notice to counsel o~~~co~~ the parties. \.L' ~~~ In accordance with P.R.C.P, 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, a~d J.E approved, shall enter a fi0al decree j.D accordance with the recommendations contained in the report. Date: 3/17/06 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptionso If no exceptions are filed, counsel shall prepare an ') ;::-:=12r c.f CaUL'~ co.!~.si s t.2-c:'.t i.-Jl th th,? -cSCi::"TTtrr1enda -r -i on~~ aGel provj_de a proposed ol~d2r of COilrt 0 cne Mast2i" r=CU:-lseJ sha~l also prep,3re .=",:1.c:1 PCC)iilc.Je of.} i:.-.> -l-~(-; * proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Cour t. Form available in the Prothonotary's office and the MClsteI~Js office. (NOT the praecipe to transinit the record form as set out in P.R.C.P. 1920.73(bJ.J SHSRRIE L. SMITH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 05 - 5198 CIVIL JEFFREY A. SMITH, Defendant C) ('- IN DIVORCE REPORT -~ THE MASTER: Today is Friday, March 11, 2Q0:6. This is the date set for a conference in the above-cap!=iof1ed .-" ~". '. C~ room are the divorce proceedings. Present in the hearing Plaintiff, Sherrie L. Smith, and her certified Legal Intern, Angel Revelant, and the supervising attorney from the Family Law Clinic, Robert E. Rains. Mr. Smith has not appeared although notice was sent to Mr. Smith at his address as 00ted in the comDlaint at 203 Meals Drive Carlj_sle: Pennsylvania li013. The complaint in divorce was filed on October 4, 2005, raising grounds for divorce of irretrievable breakdown of the marriage. No economic claims have been raised in the proceedings. The Plaintiff filed an affidavit under Section 3301 (d) on December 1, 2005, averrj_ng that the parties separated on November 5, 2003, a period in excess of two years. The affidavit was served on the Defendant who responded by filing a counter-affidavit on January 23, 2006, ']eLj l-"at 1"!2 ~):J:::-}c',ses ;:0-1';:; \',- ~, - J ,):'~ =--~ ,~!-: ULC'~j ,,>2 "" c.~:) ,-':;;:' :.:'-' C) T1 ~:~;'d '? -.C~ - ~';'. "") ~L.: ~ r, i .-j'-'-) : -~:j ::9 .-, because the marriage is not irretrievably broken. He did not indicate, however, that the parties have not lived separate and apart for a period of at least two years. The Plaintiff resides at 51 Mountain View Terrace, Newville, Pennsylvania 17241. children born of this marriage. Inasmuch as the affidavits filed by the There were no parties confirm that they separated for a period in excess of two years, and Mr. Smith has been properly served with all documents in this matter and specifically does not contest that the parties have been separated in excess of two years in his counter-affidavit, it is the Master's opinion that the marriage is irretrievably broken. Although Mr. Smith has indicated his belief that the marriage is not irretrievably broken by the filing of his counter-affidavit, he has not appeared today nor has he in any other way participated in these proceedings. As noted, he is living locally and has been properly served with the divorce documents and also with the notice of the conference today. The Master believes that the filing of Defendant's counter-affidavit was simply an opportunity that he has taken to further delay the divorce proceedi~gs. The two year plus separation of the parties and wife's desire to be divorced from the Defendant leads the Master to no other '-'O~C~l15~~~ thaG ~ ~t [[12 ffiarrlage 1.3 ~ :~rJ_?v3b V blokeD. RECOMMENDATION The Master finds that the parties have been separated since November 5, 2003, a period 1n excess of two years. The Defendant has not participated in this action except for the filing of a counter-affidavit, which the Master has noted. Inasmuch as the parties have lived separate and apart in excess of two years, the Master finds that the marriage is irretrievably broken and recommends that wife is entitled to a divorce under Section 330l(d) of the Domestic Relations Code, Respectfully submitted, Eo Robert Slicker fr Divorce Master ;f.'f 'f'f , , , , + + + + + + + + + + + + + + + + + + + + + + , + . . . . . + . . . . . + + i . . + . + + . . . . + . + + + + . . + . + + . + . + + + + + . . . + . . . . . + . . + . . . + . . + . . . . . ~'+' 'f 'f ~ 'f'f 'f;;:~'f ~ 'f 'f'f +. +~+ +'f 'f+'f +++'f'f+++++++ 'f++'f+.++.++.+.+. Of +. ;;: +. +. + 'f+ 'f IN THE COURT OF COMMON PLEAS . . + . . + + . + . + . + + . . . + + + + . + + + + + . + + . + + . . + + + + . . + + . + + + . . + . + + + . + + . + . + . + . + + . + + . + . . + . + + . + . . + + + . + + . . + + + + + . + + + + . + . . :+' +. T + +' +' ++ OFCUMBERLANDCOUNTY STATE OF PENNA. SHERRIE No. 2005 5198 L. SMITH VERSUS JEFFREY A. SMITH DECREE IN DIVORCE AND NOW,~ ~ \~L- . IT IS ORDERED AND DECREED THAT SMTrrH . PLAINTIFF, 'iHRRRTR T. AND JEFFREY A. . DEFENDANT. SMITH 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; PROTHONOTARY ATTEST: .~ + '+:'f'f+. 'fOf+.'f'f:f.'f'f +. 'f +. 'f +;f. +;f. Of 'f '+' +:++'f:+ ., +:+++:+'f+:t:++:t::f. ++ ++++++ . J. .~J.2 ,/-/7'1.->// r?p7l. .. -1 ?;.d 7' /W~?.711! Ml P.1J 'JU' '~t,' " I: /)()' '7 T.:~ It / . '\ '. .