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HomeMy WebLinkAbout03-1275Tina M. Scott, Plaintiff Vo Darrell E. Scott, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE /~ : NO. 03-/oT~IVIL TERM 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 32 South Bedford Street Carlisle, PA 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. Tina M. Scott, Plaintiff Vo Darrell E. Scott, ' /,~ q~ Defendant · NO. 03- CIVIL TERM : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW DIVORCE, CUSTODY, COMPLAINT The plaintiff, Tina M. Scott, by her attorneys, the Family Law Clinic, sets forth the following cause of action: DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c) AND 3301(a)(6) OF THE DIVORCE CODE 1. Plaintiff is Tina M. Scott, who currently resides at 119 North Enola Drive, Apartment 1, Second Floor, Enola, Cumberland County, Pennsylvania. 2. Defendant is Darrell E. Scott, who is currently incarcerated at the Perry County Prison, Carlisle Street, New Bloomfield, Perry County, Pennsylvania. 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. Plaintiff and defendant were married on January 26, 2000 at Harrisburg, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since March 12, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievabl5' broken. 8. plaintiff avers that defendant, in violatiOn of his marriage vows under the lawS of of PennSs'lvania, has offered such indignities to the person of the plaintiff, life the Commonwealth his injured and innocent spouse, as to render the condition of the plaintiff intolerable, and have the burdensome- 9. plaintiff has been advised that counseling is available and that plaintiff ma5' right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. Student Attornes' LUCY ioHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 VERIFICATION I verify that the statemems made in the foregoing Divorce Complaint are tree 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. §4904, relating to unswom falsification to authorities. Date: Tina Scott TINA M. SCOTT, Plaintiff Vo DARRELL E. SCOTT, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. 0'~/o~75" CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Tina M. Scott, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attomeys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, q~r~ci L..Naugle '" Certified Legal Int~ ' ~O~A~ PLACE ROB~ E. LUCY }O~STON-WALSH Supe~sing A~omoys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 T1NA M. SCOTT, Plaintiff Vo DARRELL E. SCOTT, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 03-1275 CIVIL TERM AFFIDAVIT OF SERVICE I, .~/~ ~/~a~oa, hereby certify that I am a competent adult and that I served a true and correct copy of the Complaint for Divorce on the Defendant, Darrell E. Scott, at the Perry County Prison, Carlisle Street, New Bloomfield, Perry County, Pennsylvania. Service was complete upon receipt by Darrell E. Scott on the ,~ day of March, 2003. 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. 4904, relating to unsworn falsification to authorities. Date:~__ · Complete items 1, 2, and 3. Also complete it~n 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 or on the front if space permits. 1. Article Addressed to: RECEIVEO HAP, 2 7 21 IB 2. Article Number (Transfer from service labeO Printed Name) [] Agent [] Addr~ D. Is~ address If ¥~, enter delivery address below: [] No ~ Certified Mail r-I Express Mail ! [] Registered ;~ Return Receipt !or Merchandise [] Insured Mail [] C.O.D. · Restricted Delivery? (Extra Fee) [] Yes 7002 0860 0001 5847 8332 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1035 Tina M. Scott, Plaintiff V. Darrell E. Scott, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03- 1275 CIVIL TERM AFFIDAVIT OF CONSENT A complaint for divorce under § 3301 (c) of the Divorce Code was filed on March 24, 2003. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 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 statements made in this 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: Tina Scott,/Plai-ntiff T1NA M. SCOTT, Plaintiff DARRELL E. SCOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 1N DIVORCE : : NO. 03- 1275 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER{} 3301(c) AND {} 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before the 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 is 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 made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Date: Tina M. Scott, Plaintiff' TINA M. SCOTT, Plaintiff V. DARRELL E. SCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL ACTION - LAW 1N DIVORCE NO. 03- 1275 CIVIL TERM AFFIDAVIT OF CONSENT A complaint for divorce under § 3301 (c) of the Divorce Code was filed on March 24, 2003. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 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. § 4904 relating to unsworn falsification to authorities Date: (,~[/Oc~/ O ~' Darrell E. Scott, Defendant TINA M. SCOTT, Plaintiff DARRELL E. SCOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO. 03- 1275 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER{} 3301(e) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before the 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 is 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 made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: D. arrell E. Scott, Defendant TINA M. SCOTT, Plaintiff DARRELL E. SCOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : IN DIVORCE : :NO. 03- 1275 CIVIL TERM CERTIFICATE OF SERVICE I, Alysia L. Hudock, hereby certify that on this 18~ day of March, 2004, I am serving a tree and correct copy of the Plaintiff's and Defendant's Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under 3301(c) of the Divorce Code, Praecipe to Transmit Record, and Divorce Information Sheet on Darrell E. Scott, incarcerated in the Dauphin County Prison, 501 Mall Road, Harrisburg, PA 17111, by first class U.S. mail, postage prepaid. Date Alys{'a L. Hudock Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 TINA M. SCOTT, Plaintiff DARRELL E. SCOTT, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03~ 1275 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry ora divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on the Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Darrell E. Scott, March 26, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff, June 26, 2003; by the defendant, February 8, 2004. 4. Related claims pending: none. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Pronthonotary: July 7, 2003. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Pronthonotary: February ! 1, 2004. Date Alysia L. Hudock Certified Legal Intern ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF p~~ PENNA. Tina M. Scott Plaintiff VERSUS Darrell E. Scott Defendant NO. 03-1275 PLEAS DECREE IN DIVORCE AND NOW, DECREED THAT AND Tina M. Scott 2004 Darrell E. Scott ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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 ATTEST: j. ~PROTHONOTARY