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HomeMy WebLinkAbout07-0196 Adam C. Smith, Plaintiff V. Jennifer L. Smith, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE # 07-/f,p CIVIL TERM -P9e&- 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: Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Adam C. Smith, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE Jennifer L. Smith, Defendant # O ?QZo CIVIL TERM 2006 AFFIDAVIT OF MARRIAGE COUNSELING I, Adam C. Smith, being duly sworn according to law, depose and say: 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, Adam C. Smith, do not request that the Court require that my spouse and I participate in counseling 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. §4904 relating to unsworn falsification to authorities. Dated: Adam C. mith, Plai ?iff Adam C. Smith, Plaintiff V. Jennifer L. Smith, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE # CIVIL TERM 2006 COMPLAINT IN DIVORCE TO THE HONORABLE, THE JUDGES OF SAID COURT: AND NOW COMES, Adam C. Smith, Plaintiff, by his attorney, Ruby D. Weeks, Esquire, who avers as follows: 1. Plaintiff, Adam C. Smith, is an adult sui juris, who currently resides at 2707 Warren Way, Mechanicsburg , Cumberland County, Pennsylvania, 17050 since April 2006. 2. Defendant, Jennifer L. Smith, is an adult sui juris, who currently resides at 2707 Warren Way, Mechanicsburg, Cumberland County, Pennsylvania, 17050, since April 2006. 3. Plaintiff and Defendant have been a bona fide resident(s) in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 26, 2004, at Reading, Berks County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 6. Neither party is a member of the Armed Forces of the United States. COUNT I - INDIGNITIES 3301 (a)(6) of the Divorce Code 7. Paragraphs 1 through 6 are hereby incorporated by reference and made a part hereof. 8. The averments under this Count are not collusive. 9. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. COUNT II - IRRETRIEVABLE BREAKDOWN 3301 © of the Divorce Code 10. Paragraphs 1 through 9 are hereby incorporated by reference and made a part hereof. 11. The marriage is irretrievably broken. a. Plaintiff and Defendant, although residing in the marital residence for economic reasons, have lived separate and apart since November 9, 2006 12. Plaintiff has been advised that counseling is available and that defendant may have the right to request that the Court require the parties to participate in counseling. 13. Plaintiff requests the Court to enter a decree of divorce. COUNT III - REQUEST FOR DIVISION OF PROPERTY UNDER SECTION 53502 OF THE DIVORCE CODE 14. Paragraphs 1 through 13 are hereby incorporated by reference and made a part hereof. 15. The parties purchased or otherwise obtained during the course of their marriage property which is considered "marital property". 16. Upon entry of a divorce decree, such property should be divided equitably as is just and proper. 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. b. As to Count II, 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 said Plaintiff and Defendant. C. As to Count III, that this Court determine marital property and order an equitable distribution thereof. d. Such other additional relief as the Court deems necessary and appropriate. 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: Adam C.Smith, Plaintiff Ruby D. eks, Esquire Attorney for Plaintiff P.O. Box 397 Carlisle, PA 17013 (717) 243-1294 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss The above named, Adam C. 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. Adam C. Smith, Plaintiff Sworn and subscribed to before me this q r"" day of OeLP.r_ 20,0(,- Notary Public COMMONWEALTH OF - !4NiA Notarjai V Laura V. Frye, FCorrm?Twp., MY ion E>orf . A P"MYlvenls A»w+a ei, Ql h stlfllr00 COMMONWEALTH OF PENNSYLVANIA Notarial Seal Laura V. Frye, Notary Public Fairview Tw,p,, York Cou MY Commission rttY Member, Pennsylvania `A?ss?i n of Np??es C f's T3 a X1:7 O -? Adam C. Smith, Plaintiff V. IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :IN DIVORCE :CIVIL ACTION - LAW Jennifer L. Smith, Defendant :#07-196 CIVIL TERM 2007 AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO PA R.C.P. 1920.4 (a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND I, RUBY D. WEEKS, ESQUIRE, Attorney for Adam Smith, being duly sworn according to law, depose and say that a true and correct copy of the Complaint in Divorce was served? was served on the Defendant, Jennifer Smith, at 1830 Perkiomion Avenue, Apt. 2, Second Floor Front, Reading, Pa. 19606, by mailing the same to her by certified mail, restricted delivery, No. 7003 1010 0001 1186 3327 on January 16, 2007. Service was accepted on January 30. 2007. Sworn and subscribed to before me this day of 20 R:?i?-)XLU4 Ruby D. W ks, Esquire Notary Public v Ruby A Weeks Attorney at Law P.O. Box 397 Carlisle, Pa. 17013 Telephone: 717-243-1294 January 15, 2007 Mrs. Jennifer Smith 1830 Perkiomion Ave. APT. 2ND FLOOR FRONT Reading, Pa 19606 Dear Mrs. Smith: Fax: 727-243-1263 I am, by this letter, serving you with a copy of the Divorce Complaint brought by your husband, Adam Smith. and providing you with a copy of the property settlement agreement which the two of you entered into.. If you have any questions concerning the divorce action, I suggest you contact your attorney, if you have one, in that there are specific rights which you would be entitled to defend and claim, and there are time limits for your doing so. If you have an attorney, please have the attorney contact me regarding these matters. Since you have settled property matters between you, it will be a matter of each of you signing paperwork to finalize the divorce after April 10, since court rules require finalization ninety days after a consent divorce is filed. I will forward the necessary papers to you at the appropriate time.. Sincerely, Ruby D. Weeks, Esquire RDW:c Enclosure: As noted above c: Adam Smith Certified Mail No.7003 1010 0001 1186 3327 ¦ Complete items 1, 2, and 3. Also complete ,item 4 if Restricted Delivery Is desired. _0 Print your name arld.aidress on the reverse so that we can rank -the card to you. ¦ Attach this card to tale back of the maiipiece, 6r on the front If space permits. 1. Article Addressed to., pp ?7tAS ni ? O'r ? ?-. arc ??ao? ?-¢ P c ? Agent 1 ? Addressee C. Date of Delivery. a4dceived by ( Name) I A- 30 t) 7 D. Is delivery address different from Item 17 ? yes If YES, enter delivery address below: ? No r ?q 0 3. SWAM Type fiVt/I it i WCertifted Mail ? Express Mail VI ? Registered ? Return Receipt for Merchandise ? Insured Mail O C.O.D. 4. Restricted Delivery? (Extra Fee) yes 2. AMcb Number I a 3 h D(D 3 7 (transfer from setvlce law Ps Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 -- 0 C -Tj tV (TAi 4Y` U S P l S . , osta erv ice CERTIFIED IVI AIL RECEIPT I m ( Domestic Only; Provided) m _ -0 1 Postage $ $1.11 0413 O Certified Fee r $2.40 1 ? C3 Return Reciept Fee Po?oark (Endorsement Required) $1.85 Ta O Restricted Delivery Fee J O (Endorsement Required) (? /? Total Postage & Fees $ / ?? f 16 ' M C3 S" To 0 Me- .----- street d1it.No.;1 - --- --- orPOBoxNo. g?? •?' ^i6fi' IOX .. ?.)--•- -+-I w 6T "Gt tV q ?? ?i l -,Z5 4 Adam C. Smith Plaintiff VS. Jennifer L. Smith Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE 07-196 CIVIL TERM 2007 PLAINTIFF'S AFFIDAVIT OF CONSENT AND OF NOTIFICATION OF AVAILABILITY OF MARRIAGE COUNSELING I, Adam C.Smith, Plaintiff, being duly sworn according to law, depose and say: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2007. 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 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. 6. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 7. Being so advised, I Adam C. Smith, Plaintiff, do not request that the Court require that my spouse and I participate in counseling prior to a divorce 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 unsworn falsification to authorities. Dated: 1'd - cl?d / C. P n r c rrs•?Y? .w?• Adam C. Smith IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW IN DIVORCE Jennifer L. Smith Defendant 07-196 CIVIL TERM 2007 DEFENDANT'S AFFIDAVIT OF CONSENT AND OF NOTIFICATION OF AVAILABILITY OF MARRIAGE COUNSELING I, Jennifer L. Smith, Defendant, being duly sworn according to law, depose and say: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 11, 2007. 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 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. 6. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 7. Being so advised, I Jenifer L. Smith, Defendant do not request that the Court require that my spouse and I participate in counseling prior to a divorce 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 unsworn falsification to authorities. ) Dated: ? Jennifer L. Smith, Defendant r•.7? .?,.? ` ..,,i -r --?, 4 -? t?y . - J Adam C. Smith, Vs. Plaintiff Jennifer L. Smith, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE 07-196 CIVIL TERM 2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 5 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.C.S. § 4904 relating to unsworn falsification to authorities. Date: ZW,?7 Adam ith, Plai f ,y ??? Oro Adam C. Smith, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. Jennifer L. Smith, Defendant CIVIL ACTION - LAW IN DIVORCE 07-196 CIVIL TERM 2007 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER 5 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.C.S. § 4904 relating to unsworn falsification to authorities. Date 'r Jennifer Smith, Defendant --- ?' ?. ;? ;""' i{'D ?' ? ' ?r?i' i? ? .?..+ ADAM C. SMITH IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -- LAW IN DIVORCE JENNIFER L. SMITH Defendant 07-196 CIVIL TERM 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) (Consent) 2. Date and manner of service of the complaint: 1-16-07 CERTIFIED MAIL; ACCEPTED 1-30-07 3. (Complete either paragraph (a) or (b) .) (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by the plaintiff OCTOBER 15, 2007 ; by the defendant SEPTEMBER 20. 2007 (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the plaintiff's affidavit upon the defendant: 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: (b) Date plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: 10-17-07 Date defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: 10-17-07 Date: October 17, 2007 RUBY D. WEEKS, ES IRE,Attorney for the Plaintiff ME, wt IN THE COURT OF COMMON PLEAS ADAM C. SMITH, OF CUMBERLAND COUNTY STATE OF PENNA. PLAINTIFF JENNIFER L. S1VdM s DEFENDANT DECREE IN DIVORCE AND NOW, ff-a? IA 0.1 IT IS ORDERED AND ADAM C. SMITH DECREED THAT JENNIFER L. SMITH AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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; Oot%-e No. #07-196 CIVIL TERM