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HomeMy WebLinkAbout06-1666 ~ # NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. SMITH, Defendant : CIVIL ACTION - LAW :NO,06- nu~ : IN DIVORCE CIVIL TERM v. NICOLE R. SMITH, NOTICE 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 in divorce or annuhnent 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 propeny 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 ProthonotaIy, Cumberland County Courthouse, 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. Cumberland County Bar Association 32 Sonth Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 ( . NATHANC. WOLF, ESQUIRE ATTORNEY ID NO. 873lW 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. SMITH, Defendant : CIVIL ACTION - LAW ;NO.06- !("L.!", CIVILTERM : IN DIVORCE v. NICOLE R. SMITH, COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OF TIlE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is David B. Smith, an adult individual residing at 409 Olestnut Street, Mt. Holly Springs Borough, Cumberland Q)unty, Pennsylvania 17065. 2. The defendant is Nicole R. Smith, an adult individual residing at 6 East First Street, Boiling Springs, South Middleton Township, Cumberland Q)unty, Pennsylvania 17007. 3. The plaintiff and defendant have been residents of the Q)mmonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on July 16, 2005, in South Middleton Township, Cumberland Q)unty, Pennsylvania. 5. Pursuant to the Divorce Q)de, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. I 6. The plaintiff avers that he has been advised of the availability of counseling and that said pany has the right to request that the COUrt require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as this Honorable CoUrt may deem equitable and just. 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. Section 4904, relating to unsworn falsification to authorities. ;:Jfr rei! 2-! , 2006 3}-i / ,2006 F, ESQUIRE e ourt ID #87380 W t High Street arlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff \-:> -b<)- ----- ;;c) T" ~ \l=- \l:- V( --:) ~ () err. -r:: -u -.f:l v ~ [,J '- ~.....~ r--.:J r) ~~:~~ ~--I ,:;........ --I " -:-r:- .....".,. :--:., ;" ..".." <'>, "-' -,-.:', (::; ...,,.-~ (); 8 - NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 ('717) 241-4436 ATTORNEY FOR PLAINTIFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. SMITH, Defendant : CIVIL ACTION - LAW ; NO. 06 - j U),p CIVIL TERM : IN DIVORCE v. NICOLE R. SMITH, PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being 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 court maintains a list of marriage counselors in the Prothonotary's 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 counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. CS. Section 4904 relating to unsworn falsification to authorities. (tlt/ ,j, 7. I , 2006 C) C., ,-> J;.;? ,.~-_:J '-.--' "n --: ~::'" ,.'" r-.) (.0) - - c' -' - NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF DAVID B. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW Defendant ~NO.06- I{;M~ : IN DIVORCE CIVIL TERM NICOLE R. SMITH, ACCEPTANCE OF SERVICE I, NICOLE R s~ that I am the defendant in this matter. Furthermore, I hereby certify that on , ~096;I' received a certified copy of the divorce complaint filed in this actio . / /) , ~ 2006 A/R-..! (- . :-~ NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HiGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAiNTiFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. SMITH, Defendant : CIVIL ACTION - LAW : NO. 06 - I U& ~ CIVIL TERM : IN DIVORCE v. NICOLE R. SMITH, DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being 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 court maintains a list of marriage counselors in the Prothonotary's 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 counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 1~.Pa. C.S. Section 4904 relating to unsworn ,-- falsification to authorities. ,2006 \\ ~ \ 'L~~ ('<:'\1<'='0 l>-? ~t.v\:-" ~ "'."' [-, NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HiGH STREET CARUSLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. SMITH, v. : CIVIL ACTION - LAW NICOLE R. SMITH, Defendant : NO. 06 -1666 CIVIL TERM : IN DIVORCE PLAINTIFF'S AFF~DA VIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about March 23, 2006 and served upon defendant on April 18, 2006 (see acceptance of service filed April 24, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties oU8 Pa. C S. Section 4904 relating to unsworn falsification to authorities. /JIt1'o Y / ] / , 2006 .-> g a" (/) ro. -u I 0' (') c:. -g -00 t1-\('; '2-.,". /. -'.),-' 2(~ -~E ~~~~ 'l'"C ~ ~ ~ rn~ ~tt', "'jC':; ;;.':::i.~> r,':..I> J:,~;:(~ ',~:- cr\ o -\ ?;S '-" Y' :;it~ CP. c.n c::> NATHAN C. WOLF, ESQillRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARUSLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIPF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DAVID B. SMITH, v. Defendant : NO. 06 -1666 CIVIL TERM : IN DIVORCE NICOLE R. SMITH, W AIVRR OF NOTICE OF INTENTION TO REOlJEST ENTRY OF A DIVORCE DECREE JJNDER SECTION 3301(r.) 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 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.CS. Section 4904 relating to unsworn falsification to authorities. ylJI/ { I .2006 . ~ ~,' -r)(: !~?"~ " (!) ~:~ ~ ~ d' (/) q I cf\ ::'::.,:::,;(.,", "'P'r~ ::"'';7 ~ ;g: -"" o --n :C-n rr1e .............\T"" :-.Ol;:; ~'~~ <',~r1.-\ 9, ~ CP. U1 o DAVID B. SMITH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW NICOLE R. SMITH, Defendant : NO. 06 -1666 CIVIL TERM : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about March 23, 2006 and served upon defendant on April 18, 2006 (see affidavit of service filed April 24, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C S. Section 4904 relating to unsworn falsification to authorities. , 2006 " RECEIVED SEP 221006 (") c. -,.. s.. -OrYl rnn-, -:1' ~ ';'" -I .r:- -'- ~~~- r::C: ~~-~') ~O ?"c: ~ .... ,....:t = = c:T' (/) rn -0 N N ~ ~~ f36 :::3",". ..l--n ~Orn (5 -=-I ~ -0 :s:; 'f! o Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. SMITH, v. : CIVIL ACTION - LAW Defendant : NO. 06 -1666 CIVIL TERM : IN DIVORCE NICOLE R. SMITH, WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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.CS. Section 4904 relating to unsworn falsifica, tI0'on to authorities., /: ,""'__,' --""'"~.'.,',,''' r---..' , () )i/}./1 \ \ / I ) Y ;Z 0 ,2006 )/ ~ 1_( t) L'" Ji;;0L-/ , NljR.SMITH / ~ . RECEIVED SEP 222006 () ~ ~....., -nrr' run ~(-:':- ~})' ~~ ~l}:: <.:' <=() ;~'Wc..: '~ .-<" ~ c:;::;l 0"" (/) rrt -0 N N ~ ~:n -oh1 :09 06 -'-\....,... ~-d C5~ -=-I ~ -u :x. tf! o ~ , NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA DAVID B. SMITH, v. : CIVIL ACTION - LAW Defendant : NO. 06 -1666 CIVIL TERM : IN DIVORCE NICOLE R. SMITH, PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce CDde. 2. Date and manner of service of the complaint: On or about April 18, 2006, defendant was served with a copy of the divorce complaint via certified mail, restricted delivery, addressed to the defendant. (See Acceptance of Service previously filed, April 24, 2006.) 3. CDmplete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: By the plaintiff: August 31, 2006 By the defendant: September 20,2006 (b) (1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: N/A (b) (2) Date of filing and service of the plaintiff's affidavit upon the defendant: N/ A 4. Related claims pending: None 5. CDmplete either (a) or (b): (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/ A (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with . ------th~-Prothonntary:September6~2()06--------- - - - Date defendant's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: September 22~ / October -1--, 2006 ~ C OLF Plaintiff o ~. ~.~. ~ c:::;? c::> c:r o .--. ... '. ~l :;:- is? - 011- e...) IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF David B. Smith VERSUS Nicole R Smith AND NOW, No. 200(, 16(.,(., DECREE IN DIVORCE a t.. \ ~~t.< \~ , l(j(:)(o, IT IS ORDERED AND David B. Smith , PLAI NTI FF, DECREED THAT Nicole R Smith AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; none ",;f.", By THE COURT: , \. \ ~~ ATTEST: J. PROTHONOTARY _~}' ~~;t, ?rl jl -01 k fr fZ ~-~,?.p';J 1rl-6r -rJ! .:-. ' .