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HomeMy WebLinkAbout06-1893 o HAROLD S. IRWIN, III, !!sQUIRI! ATTORNI!Y ID NO. 28920 84 SOUTH PITT STRI!I!T CARLISLI! PA 17013 (717) 243-8080 ATTORNI!Y POR PLAINnpp NICOLE S. GSELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW : NO. 2ON~ Ll!i:J CIVIL TERM .JOHNNY H. GSELL, Defendant : IN e........ 1>1'Io<Ge..,.. 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 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, 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 RIGrT 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 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 NICOLE S. GSELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 20041:. ~ CIVIL TI!RM JOHNNY H. GSELL, Defendant : IN C"I~8BY '~\'-.jo~Ce- COMPLAINT IN DIVORCE UNDER SECTION 3301 (!tl OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is NICOLE S. GSELL, an adult individual residing at 46 Brian Drive, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is JOHNNY H. GSELL, an adult individual residing at 512 School Avenue, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on October 16,1995, Frederick, Maryland. 5. Pursuant to the Divorce Code, Section 3301 (c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that he 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 two parties. I verify that the facts contained herein 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. HAROLD S. IRWIN, III Attorney for Plaintiff March 31, 2006 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 NICOLE S. GSELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 20~ -If'l~IVIL TERM .JOHNNY H. GSELL, Defendant : IN 8t1S'FSSiY' -:;:>-, · · -rC 'L-- 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. C.S. Section 4904 relating to unsworn falsification to authorities. March 31, 2006 (- ~ -. G --:, "" " >..., '" " "\ ::b ~ "" ---. ~ ~ v ,,' ~ .F c" c.' >J {....J ,..:.: .J '":y Co .- .C) 'II :"~:f ~,. " -!.) (,) - !'-J ~ ~? " NICOLE S. GSELL, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 2006 - 1893 CIVIL TERM JOHNNY H. GSELL, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (M{1}ill NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on April 1, 2006, by certified mail addressed to the defendant at 512 School Avenue, Carlisle, PA 17013, certified mail No. 7004 1350000372884448. 3. A copy of the sender's and return receipts are attached hereto. 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. Harold S. Irwin, III Attorney for plaintiff April 4, 2006 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court 10 No. 29920 . . <0 .:r .:r .:r U.S. Postal Service,. CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) <0 <0 ru f'- Postage rn o o o Retum Reclept Fee (Endorsement Required) o Restricted Delivery Fee U1 (Endorsement Required) rn .-'l Certified Fee Total Postage & Fees $ -t,.'e' l~. ,&'vV CI\ (j.7ostm'" .~ He~l\J C; .:r o ant 0 ~ llim.,'..p,: No.pI:lI.2V.Y...... SElL,__m,__mm,________.. ;;~~;;~._'m~l.*.."dg.Hjfj'/~..mm... . Complete items 1, 2, and 3. Also complete item 4 jf 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. Article Addressed to: J.DHJ.JfLJY G SC LL 6/2 SClfOOL Aut" CoI'Ltsu PA-17DI3 2. Article Number rrlMSlorftom_"" PS Form 3811 , February 2004 , D. Is delive actdress different from item 1? 0 Yes If YES, enter delivery address below: ~No 3. SefV)ol> Type ~lfIedMan 0 ~Mai' o Registered ~eturn Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery7 (Extra Fee) 7004 1350 0003 7288 4448 Domestic Return Receipt t02595-D2-M-1540 [ EXHIBIT "A" () C '4.'" <C"' ,,-::-;l <.5' ~.... :::::J :;;J I ,.:- -0 ::;;:: I..f? .c- o NICOLI! S. GULL, PI.lntIff : IN TNI! COURT OF COMMON PLUS OF : CU.BI!RLAttD COUNTY, PI!NNSYLVANIA : Y. : CIVIL ACTION. LAW : NO. 2008 . 1893 CIVIL TI!RM .IOHNNY N. GSI!LL, D........nt : IN DIVORCI! """DAVIT OP CONSeNT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about March 31, 2006. Service of the complaint was made by certified mail, retum receipt requested, restricted delivery, on April 1 , 2006 (see affidavit of service filed on April 4, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after serviee otice of intention to request entry of the divorce. August L 2006 WAlnR 0' NoTice OP INTl!N1'lON TO Rl!GUaT .NTRY OP A DIVORce D-"'" UNDI!R hCYION 330ttc) 0' TH. DIVORC. COD. 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.C.S. Se. 4904 . to swom falsification to authorities. August ...a... 2006 i ,..., ~ = a;: :po ~ ~-., c: r<' :0 _. G"') :gHi z~~, ~.~ a> S16 <;:t . -r. ~c ""Q 6::D 3 20 ~2 .-rn ca S ~ ~ ~ N NICOLI! S. .SI!LL, Plaintiff : IN THI! COURT OF COMMON PLl!AS OF : CU..II!RLAND COUNTY, PI!NN8YLVANIA . . Y. : CIVIL ACTION. LAW : NO. 2008 . 1883 CML TeRM JOHNNY H. .8I!LL, D.......dIInt . . : IN DIVORCI! APPDAYIT OF CON..NT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed in this matter on or about March 31, 2006. Service of the complaint was made by certified mail, retum receipt requested, restricted delivery, on April 1, 2006 (see affidavit of service filed on April 4, 2006). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the amended complaint. 3. I consent to the entry of a final decree in divorce after service of of the divorce. August.:?G 2006 WAlYeIl OF NOTICI! OF INYI!NTION TO R.QUUT ENTIIY OF A DIYOIlCl! D.e"'.... UNDllIIS.enON 3301 (e) OF THE DIYORCI! CaDI! 1. I consent to the entry of a final decree of divorce without notice, 2. I understand that I may lose rights conceming 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. ection 4904 relating to unswom falsification to authorities. August~ 2006 ~ ~ ~ ~?Z\ ~ ",,1" - -"< ". C1J ~:;.: <::c;C 1';C~ ~c' yc.: 3. --0 ,: '-? ~ f'J q. ~~ ~\ {~6 't5"n -'< ~ HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 14 SOUTH PITT STREET CARLISLE PA 17013 (717) 243-8080 ATTORNEY FOR DEFENDANT NICOLE S. GSELL, PlaIntiff : IN THE COURT OF COMMON PLI!AS OF : CUMBI!RLAND COUNTY, PENNSYLVANIA v, = CIVIL ACTION - LAW = NO. 2006 - 1893 CIVIL TERM JOHNNY H. GSELL, Defendant : IN DIVORCI! 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: On or about April 1, 2006, defendant was served with a copy of the divorce complaint by U.S. Mail (see Affidavit of Service previously filed). 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301 (c) of the Divorce Code: By the plaintiff: August 8, 2006 By the defendant: August 8, 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. Complete 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 the Prothonotary: August 17, 2006 Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: August 17, 2006 August 17, 2006 HAROLD S. IRWIN, III Attorney for Plaintiff e $: -oCD mrn '?T c7[ thJc~ ::.(p' r;:;::C ;!';( Z.(:., Y<i '2 ~ 'i? ~ G> ~ ~:r! ..."j:;j a; ~~ -u DC> ~ Z'" ~ '-P. ?ii. ;;:- "'" N . , , , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + + + + + + . . . . . . . . . . .. ~~ ~ ~ ~ ~~ ~ ~ ~ . if.:f.:t:t:f.:t:f. :of' ;f:f.:+<+: <+: of. cl' ~ 'f: if. '+ Of. Of' Of. if. Of. :+. +.:t' '" '" + IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. NICOLE S. GSELL Plaintiff No. 2006 - 1893 CIVIL TERM VERSUS JOHNNY H. GSELL Defendant DECREE IN DIVORCE AND NOW, ~"IJ,,~t , 2.= (",. IT IS ORDERED AND 2S DECREED THAT NICOLE S. GSELL , PLAINTIFF, AND JOHNNY H. GSELL , 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; NONE . . . . . . . . . . + . + . + . . + . + . . ATT + . . . . + + + . " .. . 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