Loading...
HomeMy WebLinkAbout02-5254IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND coUNTy, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff : V. . 1~ -~ ~ : IN DIVORCE Defendant : Civil Term NOTICE TO DEFEND AND CLAIM RIGHT~ YOUHA VE BEENSUED 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 ~nay 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, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT EILE A CLAIM FOR ALIMONY, DMSION 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 TELEPItONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP· Cumberland County Bar Association 2 Liberty Avenue Carlisle. PA 17013 ..... (717) 249-3166 Ee han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra suya. Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANs WITH DISABILITIES ACT OF 1994! The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~ F~_I_F~: IN THE COURT OF COMMON PLEAS OF Plaintiff : C~E~ CO~Ty, PE~S~VANIA v. : NO. 2002- ~)~ . ~& ~ - ]t r d ~ ~ CIVm ACTION - LAW Defendant : : ~ DIVORCE COMPLAINT UNDER 3301 cl~_or (d)--OF THE_.__DIV_QORCE CODE 1. Plaintiff is ~l~)¢[~Oc Lt~t[~F]~--~, who cu~ently resides at ~ - Cmberland Counw, ~e~sylv~ia. 2. Defendant~is ~ ~/~~ who c~entlylS;at 3. Plaintiff has been a bonafide resident of ~e Co~onwealth of Pe~sylv~a for at least the six months prior to the fil~g of ~is Complaint. 4. Pl~ntiff and Defend~t were m~ied on ~' / ¢ ~ [~ r~ 5. ~e manage is i~e~evably broken, and ~e pa~ies sep~ated on 6. There have been no prior actions of divorce or a~ulment be~een the parities. 7. Plainti~ to the best of~s~er ~owledge and belief, avers that defendant is not in the militaw se~ice of the United States of~erica, but is in fact living at the ad,ess given in P~agraph 2 above. 8. Plaintiff has been advised °f the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiffrequests the Court to enter a Decree of Divorce. Plaintiff, Pro Se I, ~ ~Verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I tmderstand that false statements made herein are subject to the penalties for unswom falsification to authorities as provided in 18 Pa. C.S. {}4904. Plaintiff Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 ~_)aintiff i CUMBERLAND COUNTY, PENNSYLVANIA ,~')~;~O-4 _ :NO. 2002- :/N DIVORCE PETITION TO PROCEED tN FORMA PAUPERIs herbeh~h~e~P~etltmner, ,Vt 0-~7~,o, . . . . · *a,x, x, Joan Carey, attom~, is the Plaintiff in this action Petitioner is indigent according to the poverty guidelines ...... toy cemry that the of MidPenn Legal Services. MidPenn Legal Services is assisting the Petitioner in filing a divorce casepro se. The Petitioner's Financial Affidavit showing inability to pay the costs of litigation is attached hereto. Petitioner requests leave to proceed w/thout payment of fees or costs. Respectfully submitted: Pro Se Divorce Clinic 8 Irvine Row Carlisle, PA 17013 Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM AFFIDA_VIT IN SUPPORT OF PETITION /57 Fo~^v~,o PRoc~D IN Fo~ 1. I am the~/dtTf~'n(i'he above · ' - matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of l/tigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (b) Social Security Number: /"70--+Z/O - ? ?¢~ If you are presently employed, state Employer: Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: J ,~oo 0 Salary or wages per month: Type of work: , 00, o (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: 0 Support payments: Disability payments: UnemPloyment compensation and supplemental benefits: Workman's compensation: Public Assistance: Other: ,~,/15~ / (d) Other contribution~ to household support ,,~/~ (Wife)(Husband)Name: ~"'~F4,C~iAJ~ ,/-LOC, Kt'~ cb C~ i.~ If your (husband) (wife) is employed, Employer: /~/~ state Salary or wages per month: Type of work: /l~;/ff Contributions from ckildren: (e) Property owned Cash: Checking Account: Savings Account: Certificates ofDeposit: Af /~ Real Estate (including home): ~ff~ Motor vehicle: Make~/~ ~¢ Year Cos .t~0~ ~) ~mount owed Stocks; bonds: Other: ,4_f~ ~ (f) Debts and obl/gations Mortgage: Rent: Loans: Monthly Expenses: (g) Persons dependent upon you for s,upfigrt (Wife) (Husband) Name: ,~/~//~7 Name: Age: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would perrrdt me to pay the costs incurred herein. 5. I verify that the statements made hq 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: SOCIAL SECURITY iNFORMATiON SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST /NCLUDE THE PARTIES SOCIAL SECUPUTy NUMBER PLEASE FILL IN THE APPROPPUATE INFORMATION AND RETURN TO THE PROTHONOTARY,S OFFICE DOCKET NUMBER: BARBARA A. LIGHTNER, Plaintiff Vo GLEN LIGHTNER III, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA 'NO. 2002-5254 CIVIL TERM · IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Complaint filed in the above-captioned case. Respectfully Submitted, ara A. Ligh~e~, Pro Se,~Plaintiff · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYT,VANIA vi. i NO. 2002- .~,~ Defendant : · IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER {}3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on J~4(i r-C_~q live separate and apart for a period of two years. i qq ~ and continued to 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concbming alimony, division of marital property, lawyer's fees, or expenses ifI do not claim them before a Divorce is granted. t, m_ , verify that the statements made in this Affidavit are true-and correct to the best of my knowledge, information, and belief· I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 P.S. Section 4904.' Date Plaintiff, Pro Se ~/ Barbara A. Lightner Plaintiff Vs. Glen Lightner III Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 02-5254 CIVIL TERM IN DIVORCE ACCEPTANCE AND ACKNOWLEDGI~'IENT OF SERVICE I, Glen Lightner III, Defendant in the above captioned proceeding accept and acknowledge service of the Divorce Complaint and Affidavit under {}3301 (d) of the Divorce Code filed in this action by the Plaintiff, Barbara A. Lightner. I also waive any defects in Date: any form or manner of service. Glen Lightnerrlf["De fendant Barbara A. Lightner : Plaintiff : VS. : Glen Lighmer III : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBE~ COUNTY, PENNSYLVANIA No. 2002-5254 CIVIL TERM IN DIVORCE PR AECIPE TO TRANRMIT 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 § 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant signed Acceptance and Acknowledgment of Service on March 18, 2003. 3. Date of execution of the affidavit required by § 3301(d) of the Divorce Code October 23, 2002. Date of filing and service of the plaintiff's affidavit upon the respondent: Filing date: March 13, 2003. Date of service upon respondent: March 18, 2003. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Mailed by regular first class mail on April 14, 2003 to Defendant at C/O SCI-Waymart, Box 256, Waymart, PA 18472-0256. Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Barbara A. Lightner V. Glen Lightner III Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5254 : : CIVIL ACTION - LAW : : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF §3301{d) DIVORCE DECREE TO: Glen Lightner III (DEFENDANT) You have been sued in an action for divorce. You have failed to answer the complaint or f'fle a counter-affidavit to the §3301(d) affidavit. Therefore, on or after the 5th day of May, 2003, the other party can request the court to enter a final decree in divorce. If you do not ~e with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit, which you may file with the prothonotary of the court, is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPOHNE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 OR 1-800-990-9108 Beverly A. Lightner V. Glen Lightner III Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5254 : : CIVIL ACTION - LAW : : IN DIVORCE COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b) [] (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (check all that apply): [] (i) The parties to this action have not lived separate and apart for a period of at least two years. [] (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): [] (a) I do not wish to make any claims for economic relief. I understand that I May lose rights concerning alimony, division of property, lawyer's fees And expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division Of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in the counter-affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: Glen Lightner III, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. IN THE COURT OF COMMON PLEAS BARBARA A. LIGHTNER VERSUS GLEN LIGHTNER, III OF CUMBERLAND COUNTY STATE Of .,~~i~. PENNA. No. 02-5254 DECREE IN DIVORCE AND NOW, DECREED THAT BARBARA A. LIGHTNER ~~ IT I$ ORDERED AND , PLAINTIFF, GLEN LIGHTNER, III AND , 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; ALL CLAIMS HAVE BEEN RESOLVED.