HomeMy WebLinkAbout03-1660IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
:No. g~3- ]G60
V. .'
~7"~J-j}~t ,~. ~J~r~"g Ot"/~.:: IN DIVORCE
Defendant :
Civil Term
NOTICE TO DEFEND AND CLAIM RIGHTS
YOUHA VE 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 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 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, PA 17013
(717) 249-3166
Ee han demandado a usted a la cone. 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 notificacion. 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 cone tomara medidas y puede entrar una
orden contra usted sin previo aviso o notificacion 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 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Plaintiff
Vo
~)efendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 200~-
:
: CIVIL ACTION - LAW
:
: IN DIVORCE
COMPLAINT UNDER §3301(c) or (d) OF THE DIVORCE CODE
elaintiffis LI.~ }r~ ~ -J'-~]~ , who currently resides at
J ho 0ar/l / 19/
Cumberland County, Pennsylvania.
2. Defendant is ~'~J'-0'h ~ ~7. ~r~t.T--~_~ ~/~.., who currently resides at
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least the six months prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on ~r~ D ~ti0 m ~)~r ] 0-, tO ~ ~ at
The marriage is irretrievably broken, and the parties separated on
6. There have been no prior actions of divorce or annulment between the parities.
7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the
military service of the United States of America, but is in fact living at the address
given in Paragraph 2 above.
8. Plaintiff has been advised of 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.
Date
verify that the statements made in this Complaint
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 Pa. C.S. §4904.
Assisted by:
MIDPENN LEGAL SERVICES
PRO SE DIVORCE CLINIC
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
Date
Plaintiff
vii.
Defendant ·
· IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
· CIVIL ACTION - LAW
· IN DIVORCE
PETITION TO PROCEED IN FORMA PAUPERIS
The Petitioner, ,~J~.~,~ ~, ,~fl~_~ , is the Plaintiff in this action. On
her behalf, I, Joan Carey, attorney for MidPenn Legal Services, do hereby certify that the
Petitioner is indigent according to the poverty guidelines 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 without payment of fees or costs·
Respectfully submitted:
f,/J&n Carey, Atto~e-y
MidPenn Legal Services
Pro Se Divorce Clinic
8 Irvine Row
Carlisle, PA 17013
VS.
Plaintiff
· IN THE COURT OF COMMON PLEAS OF
Defendants '
· CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCF.~ IN FORM~ PAUPEPdS
1. I am the {))&ffl ~b]~m the above matter and because of my financial condition am unable to pay
the fees and costs of prosecuting, defending, or appeo!ing 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: [_,~ ~ ~ .~J~'~'5
O) Socifl S=ufity Number:
If you ~e presently employS, state
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: ~
Salary or wages per month: a
(c) Other ~come wi~n ~e pzst twelve months
n
Omer sdf-employment: ~
hterest: ~ ]~
Dividends: D [~
Pension ~d ~nuifies: D ~
Soci~ Secufi~ benefits: ~
Suppo~ payments:~ I~
Disabi~, payments:
Unemployment compensa~n and
supplemental benefits: ~
Workman' s compensation:
Public Assistance: ~
Other:
(d)
Other contributions to household support
(Wife)(Husband) Name: ~ h ~Q ~'-.
If your (husband) (wife) is employed, state
Employer: (~)~ ~ 0 ~)~}
Salary or wages per month:
Type of work:
Contributions from children:
(e)
(f)
Property owned [~ )~
Cash:~ / 01)
Checking Account: ~ I~
Savings Account: DI ~
Certificates of Deposit:
Real Estate (including home):
Motor vehicle: Make
Amount owed
Other:
Debts and obligations
Mortgage: [h'l ~
Rent: 5~-~ Oc} mC
Monthly Expenses: ~ q 0 0 ~0 m
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
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. 4904, relating to unsworn falsification to
authorities.
Dat :,3- 25-o 5
Plaintiff ' C~E~AND CO~TY, PE~S~VA~A
vi. 'NO. 2003- lbbD
~ ~S ~. ::CIVIL ACTION - LAW
Defendant ·
· ~ 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
The parties to this action separated on x'~ 0_f j~ ,~,-~/~q3
live separate and apart for a period of two years.
and continued to
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of marital property,
lawyer's fees, or expenses ifI do not claim them before a Divorce is granted.
I, ,/,._J.q._.Z~ ~ _~jO/~-E".~ , 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
c'Plai~tiff, Pro Se
Lisa M. Bates :
Plaintiff :
Vs. :
:
John E. Bates, Jr. :
Defendant
IN THE COURT OF COMMON PLEAS OF
CUIvlBERLAND COUNTY PENNSYLVANIA
No. 03-1660 CIVIL TERM
: IN DIVORCE
ACCEPTANCE AND ACKNOWLEDGEMENT OF SERVICE
I, John E. Bates, Jr., 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, Lisa M. Bates. I also waive any defects in any form or
manner of service.
Date: ~--~-0~
~fin ~. Bates, Jr., Defend~ -
]x..a},~ ~. ff"J)J/4'J-~ : iN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
vi. :NO. 2003- lb00
-0hn ./4n rES0- .::c v,L ACTION- LAW
Defendant :
: 1N 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_~
The parties to this action separated on ex m' '~J- tqq.3 and continued to
live separate and apart for a period of two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose rights concerning alimony, division of marital property,
lawyer's fees, or expenses ifI do not claim them before a Divorce is granted.
I, ){,~]~q ]0 fiT2. ~ ~7-~ ~ , verify that the statements made in this Affidavit are
true and correct to tl~e 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
Lisa M. 'Bates,
Plaintiff
VS.
John E. Bates, Jr.,
Defendant
1N TIlE COURT OF COMMON PLEAS OF
CUM~ER~AN~ Coum'v PENNSVLV,~,nA
NO. 03- 1660 C~V~L TER~
IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY OF ~3301(d) DIVORCE DECREE
To: John E. Bates, Jr.
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after July 3, 2003 the other
party can request the court to enter a final decree in divome.
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
divome. 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 counter-affidavit form 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 LAWYER REFERRAL SERVICE
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166 OR 1-800-990-9108
Lisa M. Bates,
Plaintiff
VS.
John E. Bates, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMbERlAND CotJ~rrv PE~r~swvAN~
NO. 03- 1660 CrVIL TEP. M
INDIVORCE
COUNTER-AFFIDAVIT UNDER 1~3301(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. 1 understand that I
May lose rights concerning alimony, division of property, lawyer's fees
And expenses ifI 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. IfI 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 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:
John E. Bates, Jr., 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.
Lisa M. Bates,
Plaintiff
VS.
John E. Bates, Jr.,
Defendant
IN THE COURT OF COMMON PLEAS Or
CtnvmER~,~x~ COUNTY PEhn'~S~V,~q~
NO. 03-1660 C~VIL TERM
IN DWORCE
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 divorce: Irretrievable breakdown under Section 3301(d) of the
Divome Code.
2. Date and Manner of service of the Complaint: Defendant signed Acceptance and
Acknowledgement of Service form on May 5, 2003.
3. Complete either paragraph (a) or (b).
(a) Date of execution ofthe Affidavit of Consent required by Section 3301(c) of
the Divorce Code: by Plaintiff, N/A; by Defendant, N/A.
(b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d)
of the Divorce Code: March 25, 2003.
(2) Date of filing and service of Plaintifffs Affidavit upon Defendant:
Filing Date: April I0, 2003
Date of Service: May 3, 2003
4. Related claims pending: There are no outstanding claims.
5. Complete either paragraph (a) or (b).
(a) 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 June 12,
2003, to defendant at 135 South 9~h Street, Apt. 4, Lebanon, PA 17042.
(b) Date Plaintift's Waiver of Notice in Section 3301 (c) Divome was filed with
the Prothonotary: N/A,
(c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: N/A.
Plaintiff's Social Security Number: 188-60-2263
Defendant's Social Security Number: 192-62-0840
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
IN THE cOUrt OF COMMON PLEAS
LISA M.
Of CUMBERLAND COUNTY
STATE Of ~~. PENNA.
BATES
PLAINTIFF NO. 03-1660 CIVIL
JOHN E.
VERSUS
BATES, JR.
DEFENDANT
DECREE IN
Divorce
AND NOW, /~
DECREED THAT LISA M. BATES
JOHN E. BATES, JR.
AND
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;
ALL CLAIMS HAVE BEEN RESOLVED.
BY THE !OURT: /'
PROTHONOTARY