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HomeMy WebLinkAbout05-5618 JAMES SNEED, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. DS - 5LI TAMMY SNEED, : CIVIL ACTION -LAW 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 claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. 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. 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 HELP. Lawyer Referral Service Cumberland County Bar Association Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JAMES SNEED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. TAMMY SNEED, Defendant : CIVIL ACTION - DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE COUNT NUMBER I 1. Plaintiff, James Sneed, is an adult individual residing at 519A Colony Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Tammy Sneed, is an adult individual residing at 111 Duck Creek Road, Hummelstown, Dauphin County, Pennsylvania 17036. 3. Plaintiff has been a bona fide resident of this Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 28, 2004, in Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Defendant is not presently a member of the Armed Forces on active duty. Plaintiff is not presently a member of the Armed Forces on active duty. 7. Plaintiff has been advised of the availability of marriage counseling and that he may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued by the Court. 8. Plaintiff avers that the ground on which the action is based is that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests the Court to enter a Decree: (a) Dissolving the marriage between Plaintiff and Defendant; (b) Such further relief as the Court may determine equitable and just. DATE: fd a 2 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 I.D. # 53200 VERIFICATION I, James Sneed, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that the statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. DATE: //-;1-d--5 3 -c9. Q ? d ? "C.J ? ? JAMES SNEED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. DS - Sbld ?r??l? l ?/L`^ 1 TAMMY SNEED, : IN DIVORCE Defendant : CIVIL ACTION - LAW PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, James Sneed, in the above- referenced matter. DATE: October 26, 2005 Respectfully submitted, -' 7 Diane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 __ { _{ i . Diane S. Baker, Esquire I.D. No. 53200 27 South Arlene Street P.O. Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 JAMES SNEED, Plaintiff VS. TAMMY SNEED, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-5618 CIVIL TERM CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE I, Diane S. Baker, Esquire, hereby certify that a true and correct copy of the Complaint in Divorce was served on the Defendant by certified mail, restricted delivery, return receipt requested, on November 2, 2005, at the Defendant's last known address of: 111 Duck Creek Road Hummelstown, PA 17036 The return receipt card is attached hereto as Exhibit "A". Xaane S. Baker, Esquire Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the back of the mailpiece, or-on the front if space permits. 1. AMNOAddressed to: A. Signature X / ? Agent /G ? ?JYtf.-G f?dressee B. Received by (Printed Name) C. Dale of/Delivery D. Is delivery address different from item 19 fLl Wes If YES, enter delivery address below: 0 No Ogee d 11 1 441-1 0! rre r ? /,? C? /70,3(P 3. Service Type 0 Certified Mail 0 Express Mail 0 Registered 0 Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee,) es 2. Article Number 7004 28900001 7094 2968 PS Form 3811, August 2001 Domestic Return Receipt 102595-01-M-0381 T./ '11' W.-_I C\Y.brlr?l+TVY., ?._•. . EXHIBIT "A" r ? r_ C„ ?. r.'. 4.'', ? . l; 6?`?' _ j.r f? \-- ?.i '?'. '. 7;-} +' 1 •??5. JAMES SNEED, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 05-5618 CIVIL TERM TAMMY SNEED, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) ofthe Divorce Code was filed on October 28, 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 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Decree being handed down by the Court. 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. §4904 relating to unswom falsification to authorities. DATED:?? ?"? ?? - ;, t ? =:; i - `t:? JAMES SNEED, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA V. : NO. 05-5618 CIVIL TERM TAMMY SNEED, CIVIL ACTION -LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 ofproperty, 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. §4904 reJ;tting to unswom falsification to authorities. DATEDvirw ry 15i ?JDC? - L. JA SNEED 11 D ? n. JAMES SNEED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 05-5618 TAMMY SNEED, : IN DIVORCE Defendant : CIVIL ACTION - LAW NOTICE If you wish to deny any of the statements 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. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or about June 28, 2005, and have continued to live separate and apart for a period of at least two 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. Section 4904 relating to unsworn falsification to authorities. Date: v J29 I _,. ?. .? ?-- _ z s ? -r? w, ?. ?, . 'i r , , « 4 e kf k? JAMES SNEED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVLANIA VS. : NO. 05-5618 TAMMY SNEED.) : Defendant CIVIL ACTION -DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: TAMMY SNEED DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after August 28, 2007, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claim. 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 TWO LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 JAMES SNEED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVLANIA VS. NO. 05-5618 TAMMY SNEED, ; Defendant CIVIL ACTION -DIVORCE COUNTER AFFIDAVIT UNDER §3301 (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. (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. (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 of Intention to Request Divorce Decree, the divorce decrees 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. Section 4904 relating to unworn falsification to authorities. Date: TAMMY SNEED, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE I hereby certify that on this 7h of August, 2007, a true and correct copy of the Notice of Intent to Request Entry of 3301(d) of the Divorce Code and Counter Affidavit was served on the following person by United States Mail, postage prepaid, addressed as follows: Tammy Sneed 111 Duck Creek Road Hummelstown, PA 17036 Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 ? ? ? ,...., ' ' <~ T 1 ? ?,? ' ' ? -? tV -?;? ¢£, ?:. - - ,,? ?? , :??. ?„,, `.?- ? W ? :..? --C ? JAMES SNEED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVLANIA VS. : NO. 05-5618 TAMMY SNEED, Defendant CIVIL ACTION -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 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery pursuant to an Affidavit of Service signed by the Defendant dated November 2, 2005, and filed with the Court November 8, 2005. 3. (b) (1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: June 29, 2007. (b) (2) Date of filing and service of the affidavit upon the Respondnet: Filed July 11, 2007 and served on July 12, 2007. 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Served Augus , egular mail DATE: Diane S. Baker, Esquire Supreme Court ID #53200 27 South Arlene Street Post Office Box 6443 Harrisburg, PA 17112-0443 (717) 671-9600 C rrI rn: r rs) JAMES SNEED, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVLANIA VS. NO. 05-5618 TAMMY SNEED, Defendant CIVIL ACTION -DIVORCE ACCEPTANCE OF SERVICE I, Tammy Sneed, also known as Tammy Friedrich, Defendant in the above- captioned matter, hereby acknowledge that on or about July 14, 2007, I received a copy of the Affidavit under Section 3301 (d) of the Divorce Code that was mailed to me on July 12, 2007. I further acknowledge that on or about August 9, 2007, I received a copy of the Notice of Intention to Request Entry of 3301(d) Divorce Decree. DATE: 1 0/ 3/01?? ?-- T SNEED, also known as TAMMY FRIEDRICH CJ ®P IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JAMES SNEED \ No. 05-5618 VERSUS TAMMY SNEED DECREE IN DIVORCE AND NOW, 0 CA6tl` Jr"*' 2007 IT IS ORDERED AND DECREED THAT JAMES SNEED , PLAINTIFF, AND TAMMY SNEED 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; No claims pending. A BY THE COURT: