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Home My WebLink About87-0074IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~ PENNA. PAUL A. SMITH ................................ Plaintiff .................. Versus ............... B~_~._~,...~H~U ........................................ Defendant .................... N o ..... .7...4 ................ E C R E E IEN IVORC AND NOW, ......... · ."~..~'" '?' .... 19 ..J:~...., it is ordered and decreed that PAra, A. SMTTH .................. plaintiff, and ..................... ~.O.B. ~.... ~.:..s¥.~?~ .......... · ..... 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; ..... / ............................ ~0 ~ ~'~ Prothonotary IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 7~ CIVIL 1987 / PAUL A. SMITH, Plaintiff vs. ROBIN A. SMITH, Defendant COMPLAINT UNDER SECTION 201(c) OF THE DIVORCE CODE PAUL A. SMITH, Plaintiff IN THE COURT OF'COMM0N PLEAS OF CU}~BERLAND COUNTY, P~NNSYLVANIA VS. ROBIN A. SMITH, Defendant NO, 74 CIVIL CIVIL ACTION - LAW IN DIVORCE 1987 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 (201(c)) (~x~) of the Divorce Code. (Strike o~t inapplicable section.) 2. Date and manner of service of the complaint: service by certified mail~ restricted deliveryr No. P19 8633018r on January 14, 1987 3. (Complete either paragraph (a) or (b) .) (a) Date of execution of the affidavit of consent required by Section' 201(c) of the Divorce Code:~ by the plaintiff March 1, 1988 ; by defendant February 23, 1988 ~' (b) (1) Date of execution of the plaintiff's affidavit required by Section 201(d) of the Divorce Code: ; (2) date of service of the plaintiff's affidavit upon the defendant: 4. R~lated claims pending: None Attorney Dr (Plaintiff) 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. § 4904, relating to unsworn falsification to authorities. Date: /?,3 J~'7 ' Paul A. Smith Plaintiff Ruby D'/X'Week~. Esquire Attorney for Plaintiff COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : The above named, Paul A. Smith, being duly sworn according to law, deposes and says that the facts contained in the foregoing Complaint are true and correct, and the Complaint is not made out of levity or by collusion between him and the said Defendant for the mere purpose of being freed and separated from each other, but that it is brought in sincerity and in truth for the cause mentioned in the said Complaint. Paul A.-~ith Plaintiff Sworn and subscribed to before m~t~his /'.~ day of ~.~, , 198 . PAUL A. SMITH, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW : IN DIVORCE ROBIN A. SMITH, : ~7~ Defendant : NO. CIVIL 19 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, 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 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 HELP. Court Administrator, Third Floor Cumberland County Court House Carlisle, Pennsylvania 17013 Telephone: (717) 249-1133 PAUL A. SMITH, : Plaintiff : : : vs. : ROBIN A. SMITH, : Defendant : IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. CIVIL 1987 AFFIDAVIT I, Paul A. Smith , be{ag duly sworn according to law, deposes and says: 1. 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 Conrt maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Bei,g so advised, I gO ;OO~ .... request that the Court require that my ,qpouse and I participate in coun,qeling prior to a divorce decree being handed down by the Court. I understand that false statements herein are made subject to the penalties of 1R Pa. C.S. § 4904 relating to unsworn falsification to authorities. Plaintiff Sworn and subscribed to before me this I~4~ day Notary Public SHARON A. D!EHL, Notary Public Carlisle, P~,, Cu~;~.t'erian~ Co~rlty My Commissio~ '~ ..... -Jam 16, 1989 PAUL A. SMITH, Plaintiff vs. ROBIN A. SMITH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. CIVIL 19 COMPLAINT IN DIVORCE) COUNT I - DIVORCE UNDER SECTION 201(c) OF THE DIVORCE CODE TO THE HONORABLE, THE JUDGES OF THE SAID COURT: AND NOW COMES, Paul A. Smith, Plaintiff, by his attorney, Ruby D. Weeks, Esquire, who avers as follows: 1. Plaintiff, an adult sui juris, is Paul A. Smith, a U.S. citizen, who currently resides at 708 Hanover Court, D-106 Carlisle, Cumberland County, Pennsylvania, since April 22, 1986. 2. Defendant, an adult sui juris, is Robin A. Smith, a U.S. citizen, who currently resides at 510 South Baltimore Street, Mt. Holly Springs, Cumberland County, Pennsylvania, since December, 1984. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 9, 1974 at Carlisle, Cumberland County, Pennsylvania. There was no prior action of divorce or annulment between the 5o parties · 6. (a) The marriage is irretrievably broken. (b) Plaintiff and Defendant have lived separate and apart since August 10, 1986. (c) The averments under this Count are not collusive. Defendant has offered such indignities to Plaintiff, the innocent and injured party, as to render his condition intolerable and life burdensome. 7. Plaintiff has been advised as to the availability of counseling and that he 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. COUNT II - EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference all of the averments contained in Count I above as if each averment were set forth fully hereunder. 10. The parties own certain items of real and personal property which consititute marital property. 11. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties pursuant to §401 of the Divorce Code and Pa. R. C. P. 1920.33, and to enter an award for same along with such other relief as the Court deems necessary and appropriate. WHEREFORE, Plaintiff prays that a judgment be entered in favor of the Plaintiff against the Defendant as follows: (a) As to Count I, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the said Plaintiff and Defendant. In the alternative, should Defendant execute an Affidavit consenting to a divorce because the marriage is irretrievably broken, that a decree in divorce be entered divorcing Plaintiff from the bonds of matrimony between the Plaintiff and Defendant. (b) As to Count II, that this Court determine marital property and order an equitable distribution thereof. (c) Such other additional relief as the Court deems necessary and appropriate. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 74 CIVIL 1987 PAUL A. SMITH, Plaintiff vs. ROBIN A. SMITH, Defendant AFFIDAVIT OF SERVICE PAUL A. SMITH, vs. ROBIN A. SMITH, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 74 CIVIL 1987 AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF CUMBERLAND : I, RUBY D. WEEKS, ESQUIRE, Attorney for Plaintiff, being duly sworn according to law, deposes and says that a true and correct copy of the COMPLAINT IN DIVORCE was served on the Defendant, ROBIN A. SMITH, at 510 South Baltimore Street, Mount Holly Springs, Cumberland County, Pennsylvania, 17065, by mailing the same to her by certified mail, No. P19 8633018, on January 13, 1987. Service was accepted on January 14, 1987. Ruby D. Wee~, Esquire Sworn and subscribed to before me this day of , 19~Q Notary Public SHARON A. DIEH[, Nolary Public Carlisle, PA, Cumb~rland County My CmTmli~imi Ex~lres Ja~. 16, 1989 PI9 86330!8 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) A~rORNE~y AT LAW 'TELEPHONE 717-243-1294 TEN WEST HIGH STREET CARLISLE, PENNSYLVANIA 1 7013 January 13, 1987 Robin A. Smith 510 South Baltimore Street Mt. Holly Springs, PA 17065 Dear Mrs. Smith: By this letter I am serving you with a copy of the Divorce Complaint filed this date by your husband Paul. Please take this to an attorney as soon as you receive it, since there are specific rights which you are entitled to defend, and there are time limits for your doing so. I am also enclosing a copy of a proposed Property Settlment Agreement for your review with your attorney. It is hoped we will be able to work property matters out quickly and amicably and without the need for litigation. I look forward to hearing from you or your attorney at your earliest convenience. Sincerely, RDW:sd cc: Paul A. Smith Enclosure Ruby D. Weeks, Esquire Certified Mail No. P19 8633018 PAUL A. SMITH, Plaintiff vs. ROBIN A. SMITH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 74 CIVIL 1987 AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 201(c) of the Divorce Code was filed on Januar 13 1987______' 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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 ]ose 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. § 4904 relating to unsworn falsificatiOn to authorities. Date:~/_~_c~ Paul A. smith p].aintiff Sworn and subscribed to SHARON A. Dl,.~Fd .... ' .... Cadisla, PA, C,.~~';~;~ ~J Courtly My C~ission ~pires Jan. 16, 1989 PAUL Plaintiff ROBIN A. SMITH, Defendant XN TMECOURT OF COMMON pLEAS OF CUMBERLAND coUNTY, PENNSYLYANIA CX¥ILACTION ' NO. 74 CZV~L 1987 ~ XN D Zvo~F, AFFIDAVZT OF CONSENT~ 1. A Complaiht in divorce under Section 201(c) of the Divorce code was Januar 13, 1987 . · film~ ~nThe marriage of Plaintiff and Defendant is irretrievably broken and ninety d~¥s haVe elapsed from the date of filing the Complaint. 3. ~ ~onsent to the entry of a final decree of divorce. 4. Z un~rstan~ ~hat I may lose rights concerning alimonY, division of propertY, lawyer's fees or expenses if Z do not claim them before a divorce is gran~d. ~ 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. §4904 relating to unsworn falsification to authorities February 23, 1988 ~ ~' ~ Da~_ PAUL A. SMITH, Plaintiff vs. ROBIN A. SMITH, Defendant Robin A. Smith IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 74 CIVIL 1987 IN DTVORCE AFFIDAVI~ , being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling- 2. I understand that the court maintains a list of marriage counselors in the Domestic Relations office, 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 counselling 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. sworn to a~ subscribed before me ~emb~, p~nsyiv~nia Assoclatioll o~