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Home My WebLink About05-5509 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Holly E. Gardiner, Civil Action - Law plaintiff v. No. +-.-R.. 2005- 5~o9 James A. Gardiner, Defendant In Divorce a.v.m. NOTICE TO DEFEND AND CLAIM RIGHTS TO: James A. Gardiner: 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 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 rights important to you, including custody or visitation 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, 1 Courthouse Square, 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 A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Pennsylvania Bar Association Lawyer Referral Service Telephone: 1-800-692-7375 (PA only) or (717) 238-6715 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Franklin County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accom- modations 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 the hearing. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Holly E. Gardiner, Civil Action - Law Plaintiff v. No. ~~-R . 2005 - j ~/tJ r James A. Gardiner, Defendant In Divorce a.v.m. COMPLAINT UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE 1. The Plaintiff is Holly E. Gardiner, a sui juris adult who currently resides and has resided at 29 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania, since October 2003. 2. The Defendant is James A. Gardiner, a sui juris adult who currently resides and has resided at 19B York Road, Dillsburg, Cumberland County Pennsylvania, since September 2005. 3 . Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 23, 1998 in Quarryville, Lancaster County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Neither the Plaintiff nor Defendant is a minor or incompetent. 8 . Plaintiff has been advised that marital counseling may be requested. Plaintiff has further been advised of the right to request that the Court require the parties to participate in marital counseling. 9. Plaintiff requests the Court c"........'. . ---+' De ree of Divorce. "~ , Pro Se 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.A. ~ 4904, relating to unsworn falsification to authorities. Date: iu'-7- 05 ~ Holl laintiff ~. --........- ~ ~ \) ~ ~ ~ ~ -- ~ -.....D I~- ~ V') \I~ €'~ ~ ~ -:D "+ y --------- tJO P- -, C' c:> - l",,-) c;" r,"-' c...) c.., :=1 --'I f'.,) -r-l ~-; .! . .~ c' IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Holly E. Gardiner, Civil Action - Law Plaintiff v. 2005-5509 James A. Gardiner, Defendant In Divorce a.v.m. ACCEPTANCE OF SERVICE I, James A. Gardiner accept service of the Divorce Complaint Under Section 3301(c) or 3301(d)of the Divorce Code filed in the above captioned matter on October 21, 2005. I certify that I am authorized to accept said service. The Complaint was hand served upon me on October ~?, 2005. Date: {- 21- c-1) c J. es A. Gardiner, Defendant (2 ~ ~li:T 0') ~-;,- ~, ,- (:!;.1, ,-" l,,-' ,...., """ """ <:;J1 -- - C' ..c. I cP .'::~~C; :;;:"'-~~. -::::1 ~ ~; ~-- o ..,~ .--1 ::;:;...., r-n r:~ -4L'-~. .:1. '1c.; -:-1,..-;, -}?, ";"" .~~ ~C! l,) U;; IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA - CUMBERLAND COUNTY BRANCH Holly E. Gardiner, Plaintiff Civil Action - Law v. No. F.R. 2005-5509 James A. Gardiner, Defendant In Divorce a.v.m. AFFIDA VIT OF CONSENT I. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on October 21,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 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 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.A. 94904, relating to unswom falsification to authorities. Date: 3-3o~0,6 /?)-61b \..-. James A. Gardiner (; C::..' r~<~ c.co \.-::; IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA - CUMBERLAND COUNTY BRANCH Holly E. Gardiner, Plaintiff Civil Action - Law v. No. F.R. 2005-5509 James A. Gardiner, Defendant In Divorce a.v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (C) OF THE DIVORCE CODE I. 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.A. S 4904, relating to unsworn falsification to authorities. Date: '3- '30'- c:9 " ~f2:2 James A. Gardiner , .;-\ c::' r:~i L~ \ \..t> IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA - CUMBERLAND COUNTY BRANCH Holly E. Gardiner, Plaintiff Civil Action - Law v. No. F.R. 2005-5509 J ames A. Gardiner, Defendant In Divorce a.v.m. AFFIDA VIT OF CONSENT 1. A Complaint in Divorce under Section 330l(c) of the Divorce Code was filed on October 21,2005. 2. The maniage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a Final Decree of Divorce. 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 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.A. S 4904, relating to unsworn falsification to authorities. Date: rd- .:J ()- D~ 0. Ho ly . ~." ~-". ,..... (. ..;;. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA - CUMBERLAND COUNTY BRANCH Holly E. Gardiner, Plaintiff Civil Action - Law v. No. F.R. 2005-5509 James A. Gardiner, Defendant In Divorce a.v.m. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330I(C) OF THE DIVORCE CODE I. 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.A. S 4904, relating to unsworn falsification to authorities. Date: 3-d- 0 - 0 ~ , "OJ ;':',1 -;. -'-'~ c ';"'."': IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYL VANIA - CUMBERLAND COUNTY BRANCH Holly E. Gardiner, Plaintiff Civil Action - Law v. No. F.R. 2005-5509 James A. Gardiner, Defendant In Divorce a.v.m. 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: served upon Defendant on October 27,2005, via hand delivery; see Acceptance of Service filed November 8, 2005, on file. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff on March 20,2006; by Defendant on March 30, 2006. 4. Related claims pending: resolved through private agreement 5. Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the Prothonotary: April 10, 2006; Date Defendant's Waiver of Not ice in S 3301(c) Divorce was filed with the Prothonotary: April 10, 2006. KULLA, BARKDOLL, ULLMAN & PAINTER, P.c. Date: \).- \ 'd.,-(b md1 ;::?'/ .// -- BY. / ~'-- t::~ Clinton T. Barkdoll, Esquire ( Attorney for Plaintiff C) ... ~, c- {,~ .._.Jl x~-" C:'" ~~~~~~~~ ~~~~~~~~~~ ~~~ ~~ ~ ~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Holly E. Gardiner, Plaintiff No. 5509-2005 VERSUS James A. Gardiner, Defendant DECREE IN DIVORCE AND NOW, ':T~~~3 dr 3. ~ 3/~,vz Jdb I , IT IS ORDERED AND DECREED THAT Holly E. Gardiner , PLAI NTI FF, AND James A. Gardiner , DEFEN DANT, 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; ,---" ..-"~ - ATTEST: PROTHONOTARY ,./ J. ~>:/ :?r P"J-r''ti.., " ,7 !.. f . .... 'Ud /J ~-J'711r: ~7 j:;,?:rJ ') / ! //1' I'.(/. v r ~I Ly'L 'f IA= IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI, r? CIVIL ACTION - LAW (< "- cn_ ' 0 C D C :7 v --? ? CD HOLLY E. GARDINER Plaintiff FILE NO. 5509 _2005 VS. IN DIVORCE JAMES A. GARDINER Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the PlaintiffA*ferrdant in the above matter, having been granted a Final Decree in Divorce on the 3rd day of January, 2007 hereby elects to resume the prior surname of Gi 1 more and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE: e OIa-o I 1 COMMONWEALTH OF PENNSYLVANIA i ture Holly E. Gardiner Signatures being n Holly FG•lmore SS. COUNTY OF 0t11 X*=X ( LANCASTER On the day of 16( A 20_LL_, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. ? AwA Q t)-,e Notary Public -UrriiviUNWEALTH OF PENNSYLVANIA Notarial Seal Victoria A. Lowe, Notary Public City of Lancaster, Lancaster Couaty My Commission Expires Jan. 7, 2012 a u•°°P1 CL Wt e-OsZo`f W-0.96 3ogj