HomeMy WebLinkAbout03-0852 PLAINTIFF
v.
t
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. o JJ
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 is indignities or irretrievable breakdown
of the marriage, you may request marriage counseling. A list of
marriage counselors is available in the Court Administrator's
Office, Fourth floor, Cumberland County Courthouse, Hanover and
High Streets, 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.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
1-800-990-9108
PLAINTIFF
v.
DEFENDANT
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003 - CIVIL TERM
IN DIVORCE
COMPLAINT UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
1. The Plaintiff is ¢~¢~o~%a ~¢~J~<~%Lc who resides at
L07~,~q~..~,~SR~c~NtaUk~ Cumberland County, Pennsylvania.
2. The Defendant is ~%20A--~ Q. ~e4%k%~¢~who resides at
3. The Plaintiff has been a bonafide resident of the
Commonwealth of Pennsylvania for at least six months immediately
4. The Plaintiff and Defendant were married on O,~. 7 I?q~
5. There have been no prior actions of divorce or annulment
between the parties in this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the Armed Services of
the United States or any of its Allies.
8. The Plaintiff has been advised of the availability of
counseling and that Plaintiff may have the right to request tha~
the Court require the parties to participate in counseling.
prior to the filing of this Complaint.
(c)
Other income within thc past twdve months
Other self-employment:
Interest:
P~nsion ~d ~nuities:
S~i~l S~uri~y
Support p~yments:
Disability paym:nts:
Unemploymem oom~n~tion and
suppl~m~n~l
Workm~n' s compensation:
Public
(d) O/her contributions to household support
(Wi fe)(H usband) Name:
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from ~hildren:
(e) Property owned
Ca~h:
Checking Account:
Savings Account:
Certificates of Deposit:
Other:
Plaintiff
vS.
· IN THE COURT OF COMMON PLEAS OF
· CUMB -RLAND countrY. PEN SVLVASIA
" CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPEKIS
I. I am the ~i~,~n the above matmr and because of my financial condition am unable to pay
thc fees and costs of prosecuting, defending, or appealing the action or proceeding.
litigation.
3.
co.eot.
I am unable to obtain funds from anyone, including my family and associates, to pay the costs of
I represent that the information below relating to my ability to pay the fees and costs is true and
(a) Name:
Address: Io7 ~ ~,~.
~) Social Security Number:
If you are presently employS, state
Employer:
gala~ or wages ~r month:
Ty~ of work:
If you ~e pre~ntly unemploy~, state
Date of last employment:
SalaLv or wages per month:
Type of work:
Real Estate (including home):
Motor vehicle: Make.~
Stocks; bonds:
Other:
Ysar
Cos~ i)O0/nlO~, Amount
Debts and obligations
Mortgage:
Loans:
Monthly Expenses.s ~0 Ao.,4 cc, ce
,..9 -
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if an),:
Name: Zoe ~fYXcO,~r'LAge:_ _q __
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 incurrexl herein.
5. I veri~, 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: ,~9 -~ I - 0 '3
0
0
0
9. Plaintiff requests the court to enter a decree of divorce.
Pro Se
VERIFICATION
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:
Pro Se
VICTORIA R. McCLINTIC,
Plaintiff
v.
ROBERT P. McCLINTIC, III,
Defendant
IN THE COURT OF CO~N PLEAS
C%R~BERLANDCOUNTY, PENNSYLVANIA
NO. 2003-852 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
AFFIDAVIT OF CONSEN~
1. A Complaint in Divorce under Section 3301(c) of the
Divorce Code was filed on February 26, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint.
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
acknowledge that pursuant to Rule
requirement that I receive notice of
the decree.
I verify that the statements made in
1920.42(e) I have waived the
intention to request entry of
this Affidavit are true
and correct. I understand that false statements herein are subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
DATED: ~D'~[ -(~ ~'~- - '
VICTORIA R. McCLINTIC
VICTORIA R. McCLINTIC,
Plaintiff
ROBERT P. McCLINTIC, III,
Defendant
IN THE COURT OF CO~ON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-852 CIVIL TEBM
CIVIL ACTION - LAW
DIVORCE
AFFIDAVIT OF CONSENt!
3301(c) of the
1. A Complaint in Divorce under Section
Divorce Code was filed on February 26, 2003.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing and service of the Complaint.
3.
service of notice
acknowledge that
requirement that
the decree.
I verify that the statements made in
I consent to the entry of a Final Decree of Divorce after
of intention to request entry of the decree. I
pursuant to Rule 1920.42(e) I have waived the
I receive notice of intention to request entry of
this Affidavit are true
and correct.
to the penalties of 18 Pa. C.S.
falsification to authorities.
I understand that false statements herein are subject
Section 4904 relating to unsworn
VICTORIA R. McCLINTIC, : IN THE COURT OF COI~E)N PLEAS
Plaintiff : ~COUNTY, PENNSYLVANIA
v. : NO. 2003-852 CIVIL TEBM
ROBERT P. McCLINTIC, III, : CIVIL ACTION - LAW
Defendant : DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOU~$T
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE COD~
1. I consent to the entry of a final decree 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 subject
to the penalties of 18 Pa. C.S. Section 4'904 relating to unsworn
falsification to authorities.
DATED:
VICTORIA R. McCLINITC
VICTORIA R. McCLINTIC, :
Plaintiff :
ROBERT P. McCLINTIC, III, :
Defendant :
IN THE ,COURT OF C~N P?~S
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2003-852 CIVIL TERM
CIVIL ACTION - LAW
DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree 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 subject
to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
ROBERT P. McCLINITC, III
VICTORIA R. McCLINTIC,
Plaintiff
ROBERT P. McCLINTIC, III,
Defendant
IN THE COURT OF CO~ON Pn~S
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 20013-852 CIVIL TERM
CIVIL ~TION - LAW
DIVORCE
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information,
to the Court for the entry of a divorce deoree:
1. Ground for divorce: irretrievable breakdown under Section
3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: On February
26, 2003 by Acceptance of Service.
3. Date of execution of the affidavit of consent required by
By Plaintiff, June 21, 2003;
Section 3301(c) of the
By Defendant, June 20,
4. Related claims pending:
5. Date Plaintiff's Waiver
None
of Notice in ~ 3301(c)
Divorce Code:
2003.
was filed with the Prothonotary on June 23, 2003.
Date Defendant's Waiver of Notice in ~ 3301(c)
was filed with the Prothonotary on June 23.. 2003.
divorce
divorce
Thomas D. Gould, Esquire
Attorney For Plaintiff
IN THE COURT OF COMMON
VICTORIA R. McCLINTIC,
Plaintiff
VERSUS
ROBERT P. McCLINTIC, III,
Defendant
OF CUMBERLAND COUNTY
· f~
STATE Of ~ PENNA.
NO. 2003-0852
PLEAS
CIVIL
DECREE IN
DIVORCE
AND NOW,
2003 , IT IS ORDERED AND
DEcreed THAT VICTORIA R. McCLINTIC
AND ROBERT P. McCLINTIC, III
,PLAINTIFF,
,DEFENDANT,
ARE DIVORCED PROM 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; NONE
BYTHEi Ii/- 7~'~COURT: ~
AttE.C~ j.
OTHONOTARY
VICTORIA R. McCLINTIC
ROBERT P. McCLINTIC, III
TO THE PROTHONOTARY:
THE CHILDREN SUBJECT TO THIS CUSTODY ACTION ARE MY GRANDCHILDREN-
IN AM REPRESENTING THE PARTIES PRO BONO AND CHARGING NO FEE. NEITHER
PARENT HAS THE ABILITY TO PAY AND WOULD QUALIFY ]FOR IFP STATUS.
To-- ............................. - - - . - -. Pro~hono~m~
SEPTEMBER 12, 2003
THOMAS D. GOULD, ESQUIRE
PA 36508
N'o ..................... Term, lg ......
PRAECIPE
.................................., A~ty.
STIPULATION AGReeMENT REGARDING CHILD CUSTODY
AND NOW, comes Victoria R. McClintic ("Mother") and Robert P.
McClintic, III ("Father"), and aver the following stipulated terms
regarding the custody of their two minor children:
1. Mother resides at ~
C--V er 1 31q
2. Father resides at 30 West Main
Cumberland County, Pennsylvania 17011.
3. Mother and Father are the natural
McClintic,
January 11,
4.
and were
Divorce
5.
born March 29, 1999,
2002.
Street,
Shiremanstown,
parents of Zoe Aune
and Ian Michael McClintic, born
The parties were previously married on October 7,
subsequently
dated June 27,
The parties
and that Mother shall
McClintic subject to
1998,
divorced by a Cumberland County Decree in
2003.
shall share legal custody of their children
have primary physical custody of Ian Michael
Father's periods of partial custody as set
forth below and that Father shall have primary physical custody of
Zoe Aune McClintic subject to Mother's periods of partial custody
according to the following schedule:
A. On alternating weekends from
Sunday evening consistent with the parties"
intent is for the children to be
alternating weekends.
Friday evening until
work schedule. The
together with a parent on
each parent
C.
Holidays will be shared or alternated to insure that
has quality time with the children.
The parties agree that the children's grandparents
are an important asset for the children and each parent will insure
that the grandparents receive significant meaningful time with the
children separate and apart from their own time.
D.
At other times as mutually agreed by the parties.
WHEREFORE, the parties intending to be legally bound and to
resolve the custody of their children mutually stipulate and agree
to have this custody stipulation become an Order of Court.
Witness
Date
Victoria R. McClintic
Robert P. McClintic
Commonwealth of Pennsylvania:
County of ~ew'l~ :
SS
PERSONALLY APPEARED BEFORE ME, this ~.}w~day of~[w~
2003, a notary public, in and for the Commonwealth of Pennsylvania,
Victoria R. McClintic, known to me (or satisfactorily proven to be)
the person whose name is subscribed to the within custody agreement
and acknowledged that she executed the same for the purposes herein
contained.
Notary
NOTARIAL SEAL
ROBERT J. GOLD, No{ay Public
Hampden Twp., Cumberland Coun~
My ,Commission Expires July/10, 2007
Commonwealth of Pennsylvania :
County of /~/~ F/~ / :
PERSONALLY APPEARED BEFORE ME, this~f-/~ day of ~¥&W~ ,
2003, a notary public, in and for the Commonwealth of Pennsylvania,
Ro~ret P. McClintic, III, known to me (or satisfactorily proven to
be) the person whose name is subscribed to the within custody
agreement and acknowledged that he executed the same for the
purposes herein contained.
Notary Pu~c
VICTORIA R. McCLINTIC, : 1N THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT P. McCLINTIC, III,
Defendant
CIVIL ACTION - LAW
: NO. 03-852 CIVIL TERM
ORDER OF COURT
AND NOW, this 17th day of September, 2003, it is ordered and directed that the
terms of the attached Stipulation Agreement Regarding Child Custody are hereby made
an Order of Court.
Thomas D. Gould, Esq.
~rc
BY THE COURT,
{~/Wesley Oler, ~ J.
SEP 1 5 2003
STIPIILATION AGREEMENT REGAI~DING CHILD CUSTODY
AND NOW,
McClintic, III
regarding the
comes Victoria R. McClintic ("Mother") and Robert P.
("Father"), and aver the following stipulated terms
custody of their two minor children:
1. Mother resides at ~ ~h r~l'-'~-~ 5~'~'~
!
2. Father resides at 30 West Main Street, Shiremanstown,
Cumberland County, Pennsylvania 17011.
3. Mother and Father are the natural parents of Zoe Aune
McClintic, born March 29, 1999, and Ian Michael McClintic, born
January 11, 2002.
4. The parties were previously married on October 7, 1998,
and were subsequently divorced by a Cumbezland County Decree in
Divorce dated June 27, 2003.
5. The parties shall share legal custody of their children
and that Mother shall have primary physical custody of Ian Michael
McClintic subject to Father's periods of partial custody as set
forth below and that Father shall have primary physical custody of
Zoe Aune McClintic subject to Mother's periods of partial custody
according to the following schedule:
A. On alternating weekends from Friday evening until
Sunday evening consistent with the parties' work schedule. The
intent is for the children to be together with a parent on
alternating weekends.
B. HolidayS will be shared or alternated to insure that
each parent has quality time with the children-
C. The parties agree that the children'S grandparents
are an important asset for the children and each parent will insure
that the grandparents receive significant meaningful time with the
children separate and apart from their own time.
D. At other times as mutually agreed by the parties.
WHEREFORE, the parties intending to be legally bound and to
resolve the custody of their children mutually stipulate and agree
to have this custOdy stipulation become an order of Court.
Date Victoria R. McClin
witness
SEP 5 003
vICTORIA R. McCLINTIC,
Plaintif£
ROBERT P- McCLINTIC,
Defendant
III,
IN THE COURT OF cOMMON pLEAS
CUMBERLAND COUNTY, pENNSYLVANIA
NO. 2003 - ~- CIVIL TEP/~
CIVIL ACTION - LAW
cuSTODY ACTION
cUSTODY cOMPLAINT
TO THE HONORABLE JUDGES OF SAID COURT:
1. The Plaintiff is Victoria R.
North York Street, Etters, York County,
MieClintic residing at 26
PA 17319.
2. The Defendant is Robert P- McClintic, III, who resides at
30 West Main Street, shiremanstown, cumberland County, PA 17011.
3. Plaintiff seeks shared legal and physical custody of the
following children:
NAME
Zee Aune McClintic
lan Michael McClintic
pp~SENT P~SIDENC~
30 West Main Street
shiremanstown, PA
26 North York Street
Etters, PA
03/29/99
01/11/02
The children were born in wedlock.
The Ian is presently in the physical custody of Victoria R.
McClinitc who resides at 26 North York Street, Etters, PA.
Ian has resided with the following persons and at the
following addresses:
Address
26 N. York St
Mother Etters, PA
D__ate
last 3 months
Mother
Mother
Mother &
Father
Trailer in York County 01/03 - 05/03
Main Street 06/02 - 01/03
Shiremanstown, PA
Carlisle & Shiremanstown 01/02 - 06/02
Zoe has resided with the following persons and at the
following addresses:
Person Address Date
Father 30 West Main Street last month
Shiremanstown, PA
Mother 26 N. York St 06/03 - 07/03
Etters, PA
Mother Trailer in York County 01/03 - 05/03
Mother Main Street 06/02 - 01/03
Shiremanstown, PA
Mother & Carlisle & Shiremanstown 01/02 06/02
Father
The mother of the children is Victoria R. McClintic who
currently resides at 26 North York Street, Etters, PA 17319.
She is not married.
The father of the children is Robert P. McClintic, III who
lives at 30 West Main Street, Shiremanstown, PA 17011.
He is not married.
4. The relationship of Plaintiff to the children is that of
mother. The Plaintiff currently resides with the following
persons:
N~e
Relationship
lan Michael McClintic
Son
5. The relationship of Defendant to the children is that of
father. The Plaintiff currently resides with the following
persons:
2
VICTORIA R. McCLINTIC
ROBERT P. McCLINTIC, III
THE CHILDREN SUBJECT TO THIS CUSTODY ACTION ARE MY GRANDCHILDREN.
IN AM REPRESENTING THE PARTIES PRO BONO AND CHARGING NO FEE. NEITHER
PARENT HAS THE ABILITY TO PAY AND WOULD QUALIFY FOR IFP STATUS.
To .................... Pro~honot~
SEPTEMBER 12, 2003
THOMAS D. GOULD, ESQUIRE
PA 36508
~o .................... Term, lg ......
PRAECIPE
~"~le~ .......................... . 19 .....
.................................. ,