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HomeMy WebLinkAbout97-03760 ~ .~ - C1 ~ JOYCE A. SHIRK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE NO. 97- 37foOCIVIL TERM LEROY H. SHIRK, 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. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 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. v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN : DIVORCE JOYCE A. SHIRK, plaintiff LEROY H. SHIRK, Defendant . . NO. 97- .11(. C' CIVIL TERM AFFIDAVIT SUPPORTING PRAECIPE 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) (b) (c) (d) Name: Joyce A. Shirk Address: 407 A street, Carlisle, PA Social Security No.: 199-56-4603 Employment: Addus Health Care Salary or wages per month: 500/month Type of work: Personal carel Elderly Home Care Other income within the past twelve months Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social security benefits: None Support payments: None Disability payments: None Unemployment compensation and supplemental benefits: None workman's compensation: None public Assistance: None Food stamps $255/month. other contributions to household support (Wife) (Husband) Name: None If your (wife) (husband) is employed, state Employer: None salary or wages per month: None Type of work: None contributions from children: None contributions from parents: None other contributions: None (e) Property owned Cash: None Checking account: None Savings account: None Certificates of deposit: None Real estate (including home): None Motor vehicle: Make: Toyota Celica, Year: 1989 Cost $2,500, Amount Owed: none Stocks; bonds: None Other: None (f) Debts and obligations Mortgage: None Rent: OIHUD Loans: None Other: Food not covered by food stamps: $40.00/month Groceries: $200.00/month Electric: $65.00/month Phone: $40.00/month Clothes: $50.00/month oil bill: $60.00/month waterlSewer: $25.00/month Children's Clothes: $75/month Transportation expenses: $40/month (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Age: Auhnesty R. Shirk Age: 8 Malika C. Shirk Age: 4 Other persons: None 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 '7..9-17 Y" ~ . (0,-' <;;0 () .!~ .:') " ......: .. t = r; , ;"':, ".:, I ,. , , , .' " , " ..~1 IT. ... '" "", ~ '. '" .:. .r. -' (") .0 ~ c:: -.J ;.-: C- .... ~~n ,= "r: (..... i- nif'Q ..._~ :") N 'T'7ln ...-"'.' "6 'n to> fJ ~::. -:J'1l r::l..-' :J? i~;~ i'\:!J ....... .....('") ~ oon --, .' ~~ =< IX> :'g --. JOYCE A. SHIRK Plaintiff . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION v. LEROY H. BROWN Defendant NO. 97-3760 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. The ground for this divorce is irretrievable breakdown under S3301(c) of the Divorce Code. 2. The complaint was served upon the Defendant on July 19, 1997 by certified mail, restricted delivery. 3. Defendant answered the complaint and stated that he does not contest the divorce as sought by the Plaintiff, provided that Plaintiff makes no claim for alimony. 4. An Affidavit of Consent was mailed by counsel to Petitioner to the Defendant, but it was returned, indicating that Defendant had moved without leaving a forwarding address. After numerous efforts, Plaintiff has been unsuccessful in re-locating the Defendant. 5. Because Plaintiff has been unable to re-locate the Defendant, a notice of intention to file praecipe to transmit record cannot be served upon Defendant. 6. There are no related claims pending and Plaintiff makes no claim for alimony. 7. Plaintiff is unable to wait for the two-year period which ,.... ,." (:*: ,:':'0 :~ , .;: .~-> ! ,/ -rJ I -~.. ""'1 (...... <:) '" ";..') " ,,:.'1 .~~, .C) .jill ~J~ :.,;.( " f.:.J .,:1 -<; ,~ JOYCE A. SHIRK. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DiVORCE LEROY H. SHIRK. Defendant : NO. 97-3760 CIVIL TERM AFFIDAVIT OF CONSENT I. A Complaint in Divorce under ~3301(c) of the Divorce Code was Iiled on July I I. 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of Iiling and service of the Complnint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the stntements made in this affidnvit nre true and correct. I understand that false statements herein nre made subject to the pennlties of 18 Pn.C.S. ~4904. relating to unsworn fnlsificntion to authorities. Date /c',~ y'- 'f7 ,,1/"/ Joy,ee-""{AI'Shirk Plnintiff I! II ,j/~ j , ~ .:;llt"' .L.) , ' 3. l~at, and referenced to paragraph for Divorce; your Defendant offers 9 of Plaintiff's the folloldng Petition response: (A) Defendnnt would carefully consider participating in counseling upon the request of the Plaintiff to the Court, and, as a requirement of the Court upon said request. WIIEREFORE, defendant respectfully stipulates to the court that the defendnnt does not contest plaintiff's request for the court to enter a decree in divorce dissolving the marriage in terms of a simplicity non-contested divorce, and consistent with sub-paragraphs (A) and (8) of paragraph "2" of this answer, and to do so upon the absence of a request for counseling from the plaintiff to the court, and/or upon the failure of required counseling by the court upon the request of the plaintiff for both parties. ted, Dnte: LeRoy II. Shirk C/O Current Occupants 608 South Lee Street Fitzgerald, GA 31750 07/19/97 (") .0 0 C ...J " -;t~ l- ..t s: -r d.:L'; . J_l_i?=!. o' f" :'!8 . 1 :..J ~. .t:) d6 I ". , -I ~._. ~ 'n .:~- ''-:!J I (~ _0' '-).C) ,-", S' ..~ ~rn 1 "'0 ~t 1 I :.1\ S5 -- ...1 '< i , , !