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Home My WebLink About95-04894 o>"S't M ~#f1;;J;/ 12- 4 ~ &~ 1{ 16 /l.~& /~ r:'fI. . . PAMELA K. GARRETT, Plaintiff vs. JEFFREY M. GARRE'l'T, Defendant IN TIlE CUJRT OF C(Mo1CtoJ PLEAS OF ClJoolBERLAND caJm'Y, PENNSYLVANIA NO. 95-4894 CIVIL 1995 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) ~x*~x*~x of the Divorce Code. (Strike out inapplicable section) September 18, 1995 2. Date and manner of service of the canplaint: by certified mail, restricted delivery. 3. Canplete 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 January 31, 1996 by the defendant January 31, 1996 B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: N/A (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: None 5. Indicate date and IMnner of service of the noUce of intention to file praecipe to transmit record. and al tach a copy of said notice under Section 3301 (d)(1)(i) of the Divorce Code _..JY~___ fU'ltER. ADDAMS, SHUGHART & RUNDLE By:_J,:,~_ \.,..., \\.-\,~._,\.l_'~ Allnn1<'y for Plaint iff /~ Michap.I R. Rundle "~ I. ~ \.- tU'. <): r':' () , r4.. ~~\~. - 1,,",") (-c .. - -- r ::"; .-".. ~, , . (~' L. , , . .. , , . , .' . ,- FOWLER, ADDAMS, SHUGHART" RUNDLE ATTORNEYS AT LAW 28SClUTH PtTTSTREET CARUSl.E, PENNSYlVANIA 17013 TElEPHONE (717) 24N300 r. .;~,,,. . ''''''''' .~ J.'.~"i:""."'!' PAMELA K. GARRETT, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- '1f'i'{ CIVIL TERM JEFFREY M. GARRETT, 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, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Courthouse, Carlisle, Pennsylvania. 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 HAY 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 Fourth Floor Cumberland county Courthouse Carlisle, PA 17013 (717) 240-6200 PAMELA K. GARRETT, Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95- 1/1 '1''1 CIVIL TERM : v. JEFFREY M. GARRETT, Defendant IN DIVORCE COMPLAINT ONDER SECTION 3301(0) or 3301(d) OF THE DIVORCE CODE COUNT I 1. The Plaintiff is Pamela K. Garrett, who currently resides at 9 Kitszell Drive, Carlisle, Cumberland County, Pennsylvania, since September 6, 1995. 2. The Defendant is Jeffrey M. Garrett, who currently resides at 631 North East Street, Carlisle, Cumberland County, Pennsylvania, since 1986.. 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 June 15, 1985 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of marriage counselling and that the Plaintiff may have the right to request that the court require the parties to participate in counselling. 8. Plaintiff requests the court to enter a decree of divorce. , COUNT II COMPLAINT FOR CUSTODY 9. The averments in Paragraphs 1-8 are incorporated herein by reference. 10. Plaintiff seeks custody of the following child: ~ Present Residence ~ Morgan Elizabeth Garrett 9 Kitszell Drive Carlisle, PA 17013 The child was not born out of wedlock. 7 The child is presently in the custody of Pamela K. Garrett, who resides as set forth above. During the past five years, the child has resided with the following persons and at the following addresses: ~ Address ~ Pamela K. Garrett and Jeffrey M. Garrett 631 North East Street Carlisle, PA 17013 9 Kitszell Drive Carlisle, PA 17013 1986 to 9/6/95 9/6/95 to present Pamela K. Garrett, Jack Kelley and Lois A. Kelley The mother of the child is Pamela K. Garrett, who currently resides as set forth above. She is married. The father of the child is Jeffrey M. Garrett, who currently resides as set forth above. He is married. 11. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: ~ Relationship Jack Kelley and Lois A. Kelley Parents 12. The relationship of Defendant to the child is that of father. Defendant currently resides alone. 13. The Plaintiff has not participated as a party or witness in other litigation concerning the custody of the child. plaintiff has no information of a custody proceeding concerning the child pending in a Court of this Commonwealth. plaintiff does not know of a person not a party to this proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the child will be served by granting the relief requested because the mother has been the primary caretaker of the child since birth. 15. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, plaintiff requests the court to grant custody of the child to 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. 54904, relating to unsworn falsification to authorities. ) ( ,), (' Il.l ) Il t k ~, ,'^ ~ , f , Pamela K. Garrett tT DATE: '5... \.,\......\,. \),- \~ ,\'\'\') FOWLER, ADDAMS, SHUGHART & RUNDLE By: \\.. , llL''-,-C 0 ~L,,~ I "- Michael R. Rundle Supreme Court I.D. No. 27768 Attorneys for Plaintiff 28 South Pitt Street P.O. Box 208 Carlisle, PA 17013 (717) 249-8300 ~ ~~ 1 ~ { ~ '", ~ ,. ~ .. :) ~ ~ ~ '" ~ ~ 'i"! /I c..... - l.... .. ~ ~~ U'O en - ~:: >- ~. <:> o J) .... .... V't . t -. r '. I .. . FOWLER. ADDAMS. SHUGHART" RUNDLE ATTORNEYS AT LAW 28 SOU-rn PITT ~ET CARLISlE. PENNSYLVANIA 17013 TELEPHONE (717) 24008300 , " '1 c:> '.. >- I .. !',C Co" .. - '. UJ~- ) 0'-" .- r'- i.: ~; c.--. l :.. ~ -' L.. i' .' . PAMELA K. GARRETT, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 95-4894 CIVIL TERM v. JEFFREY M. GARRETT, Defendant . . : IN DIVORCE ArWlDAVIT OW COHSBWT, WAIVER OW HOTICI OW I~BHTIO. TO RBQUIST BHTRY OW A DIVORCI DBeRII, AND WAIVER OW KARRIAGI COUHSILLIHG 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 14, 1995. 2. The marriage of the plaintiff and the 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 without further notice. 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 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. 6. I understand that counselling is available and that I may have the right to request that the parties participate in counselling. 1.1 nl~ :( (,It \ 'l( tf Pamela K. Garrett DATE: January)\ , 1996 . ,- .... 0 (;; F) ;.;;. ,- . - -, , .. W(! - , (.)', I":'~" -: .. ; t._ ~l:. 0, . , 0' " .' ::i ~:- .. ; U- ., -" I' ,. ::1 c. ~4' ". l.~ PAMELA K. GARRETT, Plaintitt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4894 CIVIL TERM v. JEFFREY M. GARRETT, Detendant IN DIVORCE UI'IDAVI'f 01' CO.SIDI'I', ftIVIR 01' .OTIC. 01' IK'fIK'fIO. TO a.gulsT IKTaY 01' A DIVOaC. Dlca.., AID WAIVIR or KARRIAG. COUWSILLIBG 1. A complaint in divorce under Section 3301(c) of the Divorce Code was tiled on September 14, 1995. 2. The marriage of the plaintiff and the defendant is irretrievably broken and ninety (90) days have elapsed trom the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce without turther notice. I I I 1 I j f ! i i 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. S. 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. 6. I understand that counselling is available and that I .ay have the right to request that the parties pari\cipate in counselling. " \ ~~ DATE: January ~\ , 1996 ~ <: I-' ~~ U:'- u:.:' .~ 0':- c.~ u..::. _I, u.: '. I' '-. o C") ~ .. - '-i Z=.~ :-: ...... -, ~~. C'? . ...::. ,.,,,', :i' .. ~. 7"- ~ U ",'"') (.' . I " .: ~ ' . , " ; . ,. JI'OWLIUt. ADDAMS, SHUGHART" RUNDLE ATlORNEYlI AT LAW , 'I as SOUTH PITT STREET . " CARUSlI!. PENNS\'LYANIA 17013 TELEPHONE (717) 2..... PAMELA K. GARRETT , . IN THE COURT OF COMMON PLEAS OF . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . v. . NO. 95-4894 CIVIL TERM . . . JEFFREY M. GARRETT , . . Defendant . IN DIVORCE . UI'IDAVI'1' 01' SBRVICB COMMONWEALTH OF PENNSYLVANIA . . : SS COUNTY OF CUMBERLAND . . Michael R. Rundle, being duly sworn according to law, deposes and says that he is the attorney for Plaintiff in the above captioned divorce action; that on September 15, 1995, he mailed a true and correct copy of the Complaint in Divorce, duly endorsed with a Notice to Defend, to the Defendant, by certified mail with restricted delivery, postage prepaid, return receipt requested and evidenced by return receipt card No. P269 343 288 to Defendant's last known address; that on September 18, 1995, Defendant did personally receive said Complaint in Divorce; that attached hereto, made a part hereof and marked Exhibit "A" is return receipt card No. P269 343 288, with Defendant's signature affixed thereon; and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief. \ ') , \ 'v--.l~Al~) k,-\-J~'-.. Michael R. Rundle, Esq. Attorney for Plaintiff Sworn to and subscribed before me 'JA <It, , thi8J<j- day of ""-~-''''lL'J 1 '-"", /: -j,l Il It L,- /l '("J Do , 1996. IlOTAIIIAl.It~ PHlf l CllYlf, IlOT~ I'Utll.IC !:e1lO 0' lIT M(,ll v ~.":~.s, C'J&!!'!r.l.A.'Ill CO U\" c~...:!.t~S;C:~ t.<f':"rs Cr.10!.t~ 11. '''' _0 " '"' ~ . <') .. h'_^ t"'-O ~. r~..; ~ :.:M~,,, ~ , ,',.j Fr?_,:'_"- ~:? '" _<:.,",":', .:c~-_ ~:'~_"_":-T"----;;c'-' - '_/ _ '-"'_,~'- _, :'- ," -':" <,>:, '_"l' _:.."{ 'In." "tt':.f .:'~.,li...' '. ',' ...'iL~,:r.'io<I':M!\t',~..'J;i " '''..-c__'' ,,-..,.,_,, _',,' '._-' _, UtNn. QIII'....... :" _ _ _............... _........... 10.... WI - feel' .---..- . ~. AIiIlI'I.....,...".......... 01.............. Of...... _ . _ 1, 0 AddnI....'. AddIM8 ' ...... ........ ..' ..,...."IIoooIpIP", ..8.........................-- 2 1IDlR_k.m DeIlvMy I tI, .,1Ilo.............-..-... _ __ ond... - ' , ConouII for fee. I'. AnIclII AcJdrlllTd to: 4IIp A~ ~ 288 J Jeffrey II. Garrett 4b. Service Type 631 North Bast Street 0 AesIIst-' 0 ,........, Carlisle, PA 17013 Clflifl8Cl 0 coo .r .. Mill 0 Ralum Receipt for 1 f o.u-v 'I .. ; 1 '. AlIdteII COnly If ...... J ..-kI1 Exhibit "A" :'-- . , Ill! <.). L~': ~ ' ,:- . C}, ... >-- q;::i "'"1~ J~ f-~; ttitJ r,l1... - " M ::>': ~: '0 :::) (..-\ u