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STATE OF
PENNA.
TAMIKA DUNCAN
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DECREE IN
DIVORCE
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AND NOW, . .. .. . , . . . ~>:-,? .. . It. . . .. " t9 ,. .. ", it is ordered and
decreed that ",.,. :r.a,I!l~~!l-..I?',lp..c.a,~. . . . . . . . .. .. . .. .. .. .. .. .. ", plaintiff,
and......... .-!~~.~~. ~:..I?l!?~.il:~!. ~.r:...........,...,......,.., 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;
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Tamika Duncan,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
James C. Duncan, Jr.,
Defendant
NO. 2000-763 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 di vorce:
!l3301(d) (1) of the Divorce Code.
irretrievable breakdown under
2.
Complaint
certified
pre-paid.
Date and manner of service of the complaint: Original
served February 16, 2000, by United States mail,
restricted delivery, return receipt requested, postage
3. Date of execution of the affidavit required by !l3301(d)
of the Divorce code: February 7, 2000; Date of filing and service
of the plaintiff's affidavit upon the respondent: February 16,
2000.
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:
Served March 16, 2000 by United States mail, First Class, postage
pre-paid.
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Mel nie D. Walz
ROBERT E. RAI S
DONALD S. MARRITZ
Supervising Attorney
Family Law Clinic
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Tamika Duncan,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: IN DIVORCE
: NO. QaO' 7&] CIVIL TERM
James C. Duncan, Jr.,
Defendant
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 counseling. A list of marriage counselors is available in
the Office of the Prothonotary, 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 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
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
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.
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Tamika Duncan,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
James C. Duncan, Jr.,
Defendant
:NO.
CIVIL TERM
COMPLAINT UNDER 23 Pa.C.S. SECTION 3301(d) OF THE DIVORCE CODE
The plaintiff" Tamika Duncan, by her attorneys, the Family Law Clinic, sets forth the
following cause of action,
1. Plaintiff is Tamika Duncan, who currently resides at 316 North West Street,
Carlisle, Cumberland County, PA 17013,
2. Defendant is James C. Duncan, Jr., who currently resides at 49 y:, West High
Street, Apartment 4, Carlisle, Cumberland County, P A 17013.
3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth
for at least six months immediately previous to the filing of this Complaint.
4. The plaintiff and defendant were married on August 18, 1989, in Harrisburg,
Dauphin County, Pennsylvania.
5. Plaintiff and defendant have lived separate and apart since July, 1993.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
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WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the
marnage.
Date a - 7 - CJCX:50
Me121~A'O ~
Certified Legal Intern
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ROBERT E. RAINS
Supervising Attorney
DONALD MARRITZ
Staff Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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VERIFICATION
I verifY that the statements made in the foregoing Complaint for Divorce are true and
correct, to the best of my knowledge, information and belief. I understand making any false
statement would subject me to the penalties of 18 Pa.C.S. S4904, relating to unsworn
falsification to authorities.
Date: (J- -7 -00
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Tamika Duncan
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Tamika Duncan,
Plainitiff
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: IN DIVORCE
James C. Duncan, JI.,
Defendant
: NO.~' 7'-3 CIVIL TERM
NOTICE TO DEFENDANT
If you wish to deny any of the allegations set forth in this affidavit, you must file a
counteraffidavit within twenty days after this affidavit has been served on you or the
statements will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 330]( d) OF THE DIVORCE CODE
I. The parties to this action separated in July, 1993, and have continued to live
separate and apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
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. g4904, relating to
unsworn falsification to authorities.
Date d -7-00
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Tamika Duncan, Plaintiff
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Tamika Duncan,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION-LAW
James C. Duncan, Jr.,
Defendant
NO, ~, 74>3 CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Tamika Duncan, Plaintiff, to proceed in forma pauperis.
I, Melanie D. Walz, Certified Legal Intern in the Family Law Clinic, for the party proceeding
in forma pauperis, certifY that I believe the party is unable to pay the costs and that I am providing
free legal service to the party. The party's affidavit showing inability to pay the costs of litigation
is attached hereto.
Date: J - 7 -00
(ff~ J) rlvaQ
Melanie D, Walz '
Certified Legal Intern
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ROBERT E. RAINS
THOMAS M, PLACE
Supervising Attorney
DONALD MARRITZ
Staff Attorney
THE F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717) 243-2968
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Tamika Duncan,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
: CIVIL ACTION - LAW
James C, Duncan, Jr.,
Defendant
:NO.
CIVIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3, I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: Tamika Duncan
Address: 316 North West Street, Carlisle, PA 17013
Social Security No.: 162-48-1952
(b) Employment
If you are presently employed, state
Employer: (Part Time) First Step, Inc" Family Day Care Center
Address: 445 North West Street, Carlisle, PA 17013
Salary or wages per month: Between $370 and $420 per month
Type of work: Child Care Aid
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work:
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(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
Support payments: There is a child support order which requires Mr. Duncan to pay
$260/ month for his two children, Cheyanna and Brandon Duncan. However, Mr.
Duncan is in arrears on those payments and has not paid child support since June,
1999,
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance: $270/ month
Other: Food Stamps: $230/ month
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned
Cash:
Checking account:
Savings account: $50.00
Certificates of deposit:
Real estate (including home):
Motor vehicle: Dodge, 1990, $2,000, paid in full. Automobile is currently not
working.
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: $56/ month
Loans: Three Student Loans totaling $6, 561 as of I 0/31/98. No payments have been
made on these loans,
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Other montWy expenses:
Heat: $88
Electric: $35-40 monthly, Total owed: $235
Food and other groceries not covered by food stamps: $200
Phone: $137
Cable: $54
Clothing/shoes/coats: $125
Entertainment: $20
Bowling League for Brandon and Romeo: $40
Cheyanna's miscellaneous school expenses (Milton Hershey School): $40
Taxi-cabs (automobile is currently not working): $110
(g) Persons dependent upon you for support
(Wife)(Husband) Name:
Children, if any:
Name: Age:
Cheyanna Duncan 10 Y, years
Brandon Duncan 9 Y, years
Romeo Duncan 4 Y, years
J'Quan Duncan 11 months
Other persons:
Name:
Relationship:
4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5, 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, 54904, relating to
unsworn falsification to authorities.
Date: :J - 7 -00
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Tamika Duncan, Petitioner
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Item 4 If 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 mail piece,
or on the front if space permits.
1. Article Addressed to:
C'1 0 Agent
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D. delivery address different from item 1? 0 es
11 YES, enter delivery address below: 0 No
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2. Article Number (Copy from service fabeQ
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PS Form 3811. July 1999
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Tamika Duncan,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
James C. Duncan, Jr.,
Defendant
NO. 2000-763 CIVIL TERM
CERTIFICATE OF SERVICE
I, hereby certify that I am serving a true and correct copy of
the Divorce Complaint on James C. Duncan, Jr., residing at 49 ~
West High Street, Apt. 4, Carlisle, PA 17013, by U.S. mail,
certified, restricted delivery, return receipt requested, postage
prepaid. Service was complete upon receipt by James C. Duncan,
;.
Jr., on the ~ day of February as evidenced by his signature
on the attached green card.
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Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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Tamika Duncan,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:CIVIL ACTION - LAW
:IN DIVORCE
James C, Duncan, Jr.,
Defendant
:NO, 2000-763 CIVIL TERM
NOTICE OF INTENTION TO REQUEST ENTRY
OF ~ 3301(d) DIVORCE DECREE
TO: James C, Duncan, Jr., Defendant:
You have been sued in an action for divorce, You have failed to answer the complaint or
file a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after April 10, 2000, the
Plaintiff, Tamika Duncan, can request the court to enter a final decree in divorce,
If you do not file 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 TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, P A 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court 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,
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Tamika Duncan,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
James C, Duncan, Jr"
Defendant
NO. 2000-763 CIVIL TERM
DEFENDANT'S 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 (i), (ii) or both):
( ) (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 or expenses if! 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 alsofile all of my economic
claims with the prothonotary in writing and serve them on the other party. IfI fail to do so
before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce
decree may be entered without further delay.
I verifY that the statements made in this counter-affidavit are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904
relating to unsworn falsification to authorities.
Date
James C. Duncan, Jr.
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.
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Tamika Duncan,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
James C. Duncan, Jr.,
Defendant
NO. 2000-763 CIVIL TERM
CERTIFICATE OF SERVICE
I, Melanie D. Walz, hereby certify that I served a true and
correct copy of the Notice of Intention to Request Entry of a
~3301 (d) Divorce Decree and the Defendant's Counter-Affidavit Under
~3301(d) of the Divorce Code on James C. Duncan, Jr., residing at
49 ~ West High Street, Apt. 4, Carlisle, PA 17013, by United States
mail on March 16, 2000.
Mela ie D. Walz
Certified Legal
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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Tamika Duncan,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
IN DIVORCE
James C. Duncan, Jr.,
Defendant
NO. 2000-763 CIVIL TERM
CERTIFICATE OF SERVICE
I, Melanie D. Walz, hereby certify that I am serving a copy of
Tamika Duncan's Praecipe to Transmit Record and Vital Statistics
form on James C. Duncan, Jr., residing at 49 ~ West High Street,
Apt. 4, Carlisle, PA 17013, by United States mail, postage prepaid,
the 13th day of April, 2000.
!7l~~a-P rhf~
Certified Legal Inte
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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Tamika L. Duncan
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v,
CIVIL ACTION - LAW
IN DIVORCE
James C, Duncan, Jr.
Defendant
: NO. 2000-763
CIVIL TERM
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in the above matter, having been granted a Final
Decree in divorce from the bonds of matrimony on the 18th day of April, 2000, hereby elects
to retake and hereafter use her previous name of Tamika La'Shelle O'Neal, and gives this
written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. S 704.
DJ~MA: fA ~ . {){M.J' c/
(Signature) MARRIED NAME
C>do~~.~ f( !JI~J
(Signature) MAIDEN NAME
Wishes To Be Known As:
COMMONWEALTH OF PENNSYL VANIA
COUNTY OF CUMBERLAND
SS,
On the 24th day of April, 2000, before me, a Notary Public, personally appeared (type
in, Tamika L. Duncan, known to me to be the person whose name is subscribed to the within
document, and acknowledged that she executed the foregoing for the purpose therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
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