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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
MARY E. OIT.
No.
7.000 Rnn
rnm,
PLAINTIFF
VERSUS
TERRY E. OIT,
T1F.1i'Fl\l11l\N'T'
DECREE IN
DIVORCE
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AND NOW,
t'Yln LL, ~b
, 200 ( , iT is ORDERED AND
MARY E. OIT
, PLAiNTIFF,
DECREED THAT
,
AND
TERRY E. OIT
, 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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NONE
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PROTHONOTARY
By THE WjURT:
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Mary E. Ott,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY , PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DNORCE
v.
Terry E. Ott,
Defendant
: NO. 2000- 8627
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. Grounds for divorce: irretrievable breakdown under S 3301 (d) of the Divorce Code.
2. Date and manner of service of the complaint: On December 20, 2000, the defendant
signed an acceptance of service, which was filed with the court on January 4, 2001.
3. Date of execution of the affidavit required by S 3301(d) of the Divorce Code:
December 12, 2000.
Date of filing and service of the plaintiff's affidavit upon the respondent:
Filed on December 14, 2000. Re-filed on January 19,2001. Served on January 19,2001, by frrst
class U.S. mail.
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: February 15,2001 by frrst class U.S, Mail.
'l( U J/tL
R Brad Balaban
Certified tern for Plaintiff
L4-
R T E. RAINS
THOMAS M. PLACE
TERl L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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Mary E, Ott,
Plaintiff
v,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DNORCE
: NO. 2000 -.1',,(7 CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
Terry E, Ott,
Defendant
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prornpt 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.
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IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DNORCE 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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Mary E. Ott
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: DIVORCE
Terry E. Ott
Defendant
: NO. 2000- Sf,:2 7 CIVIL TERM
COMPLAINT UNDER THE DIVORCE CODE
23 Pa.C.S. ~~ 3301(c). 3301(a)(6). and 3301(d)
The plaintiff, Mary E. Ott, by and through her attorneys, the Family Law Clinic, avers
the following:
1. Plaintiff is Mary E. Ott, who currently resides at 37 Earl Street, Shippensburg,
Cumberland County, Pennsylvania 17257 since November, 2000.
2. Defendant is Terry E. Ott, who currently resides at 60 West Main Street,
Apartment 1, Walnut Bottom, Cumberland County, Pennsylvania 17260 since October 15,
1997.
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 July 11, 1996, in Shippensburg,
Pennsylvania.
5. Plaintiff and defendant have lived separate and apart since October 15, 1997.
6. There have been no prior actions of divorce or for annulment between the parties.
7. The marriage is irretrievably broken.
8. Plaintiff avers that defendant, in violation of his marriage vows under the laws of
the Commonwealth of Pennsylvania, has offered such indignities to the person of the plaintiff,
his injured and innocent spouse, as to render the condition of the plaintiff intolerable, and life
burdensome.
9. 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 in divorce dissolving the
marrIage.
Date_II, IS - 0 (5
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ROBERT E. RAINS
Supervising Attorneys
TERI HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/240-5204
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VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct, to the
best of my knowledge, information and belief. I understand making any false staternent would
subject me to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to
authorities.
Date: /1- 15 ~ ()C)
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Mary E. t
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Mary E. Ott,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
DNORCE
Terry E. Ott,
Defendant
NO. 2000 - J' P 7 CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Mary E. Ott, Plaintiff, to proceed in forma pauperis.
I, Kimberly A. Sebring, of the Family Law Clinic, Certified Legal Intern 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: Ii I'S'I JOOD
Krm~ t1.~~
Kimberly . Sebring -
""tift'" Leg. Jnrem ~ _
R~S
THOMAS M. PLACE
Supervising Attorney
TERI HENNING
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
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Mary E. Ott,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CNIL ACTION - LAW
: DNORCE
Terry E. Ott,
Defendant
: NO. 2000-
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 fmancial 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: Mary E. Ott
Address: Mailing: P.O. Box 124, Newburg, PA 17240
Living: 37 Earl Street, Shippensburg, PA
Social Security No.: 197-54-2992
(b) Employment: Currently Unemployed
If you are presently employed, state
Ernployer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: October, 2000
Salary or wages per month: $1,008.
Type of work: Nursing Assistant
(c) Other income within the past twelve months
Business or profession:
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 cornpensation: Mid May through June ($256/week)
Public Assistance: None
Other: None
(d) Other contributions to household support
(Wife)(Husband) Name: None
If your (wife)(husband) is ernployed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
Property owned
Cash:
Checking account:
Savings account:
Certificates of deposit:
Real estate (including home): None
Motor vehicle: Make , Year
Cost, Amount Owed $
Stocks; bonds:
Other:
Debts and obligations
Mortgage: None
Rent: $150/Mo
Loans: $1,408. for Student Loan (quit school for bad back)
Other: *(itemize all other relevant monthly expenses such as heat, electric, food,
medical expenses, transportation expenses, food not covered by food stamps when
client receives food stamps, etc..) .
Covered by rent: heat, water, gas, electric are covered by rent
Not Covered by rent:
Food $100/mo
medical expenses: owes $734.00 (not currently making payments)
Phone: owes $253.00 (not currently making payments
Transportation None
Persons dependent upon you for support
(Wife)(Husband) Name: None
Children, if any:
Name: Age:
Micheal A. Kreamer,Jr. 11
Jeffery L. Kreamer, 9
Plaintiff owes child support payments of l19.50/two weeks
Other persons: None
Name:
Relationship:
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4. I understand that I have a continuing obligation to inform the court of improvement
in my fmancial 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.
Date] 1-1 /p-OO
~1Y1~mY
Mary E. , etitioner
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Mary E. Ott,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CML ACTION - LAW
: IN DNORCE
Terry E. Ott,
Defendant
: NO. 2000- <l(,;n CIVIL TERM
NOTICE TO DEFENDANT
If you wish to deny any of the allegations 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 SECTION 330Hd) OF THE DIVORCE CODE
1. The parties to this action separated October 15, 1997, 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 I 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. ~4904, relating to
unsworn falsification to authorities.
Date n-Iz-oo
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M ~, Plaintiff
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MARY E. OTT,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
:DNORCE
TERRYE.OTT,
Defendant
:NO. 2000-8627 CIVIL TERM
NOTICE OF INTENTION TO REQUEST ENTRY
OF ~ 3301(d) DIVORCE DECREE
TO: 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 March 10, 2001, the
other party can request the court to enter a final decree in divorce.
If you do not file with the prothonotaty 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 rnay file with the prothonotary ofthe 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 fonn counter-affidavit alone does not protect your
economic claims.
YOU SHOULD TAKE TillS 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 FlND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABIUTIES ACT OF 1990
The Court of Cumberland County is required by law to comply with the Americans with
Disabilities Act of 1990. For infonnation 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.
1.
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.{)EFENDANT'S COUN'J.'ER-AFFIDA VIT UNDER 1i3301td)
OF 1'BE DIVORCE CODE
Check either (a) or (b):
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(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.
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 I 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. If I fail to do so before
the date set forth O,ll the Notice of Intention to Request Divorce Decree, the divorce decree may
be entered without further delay.
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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. ~4904 relating to
unsworn falsification to authorities.
Date
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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Mary E. Ott,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DNORCE
Terry E. Ott,
Defendant
: NO. 2000-8627
CIVIL TERM
CERTIFICATE OF SERVICE
I, R, Brad Balaban, Certified Legal Intem, Family Law Clinic, hereby certifY that I am
serving a true and correct copy of the Praecipe to Transmit Record and Vital Statistics form on Terry
R Ott, residing at 61 W. Main St. , Walnut Bottom, Pennsylvania, 17257 by depositing a copy of the
same in the United States mail, First Class, this 14th day of March 2001.
.1!: ;;;L j(fL
R, Brad Balaban
Certified Legal Intern
FAMILY LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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Mary E. Ott,
Plaintiff
v.
Terry E. Ott,
Defendant
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
DIVORCE
NO. 2000 - 8627
CIVIL TERM
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint in the above captioned matter,
J:2 Nu /GLJ
Date
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Terry E. , Defendant
60 West Main Street, Apartment 1
Walnut Bottom, P A 17260
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Mary E. Ott,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLV ANlA
v.
: CNIL ACTION - LAW
: IN DIVORCE
Terry E. Ott,
Defendant
: NO, 2000-8627
CIVIL TERM
CERTIFICATE OF SERVICE
I, Brad Balaban, hereby certify that I am serving a true and correct copy of the Plaintiff's
Affidavit Under Section 330l(d) of the Divorce Code on Terry E. Ott, residing at 61 West Main
Street, Walnut Bottom, Pennsylvania, 17261, by placing the same in the U.S. mail, first class,
postage prepaid on this date.
Date 1- 1"1-01
ti.UaL
R. Brad Balaban
Certified Legal Intern
F AMIL Y LAW CLINIC
45 N. Pitt St.
Carlisle, PA 17013
717-243-2968
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MARY E. on,
Plaintiff
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
v.
:CIVIL ACTION - LAW
:DIVORCE
TERRYE.OTT,
Defendant
:NO. 2000-8627 CNIL 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 20th day of March, 2001, hereby elects to
retake and hereafter use her previous name of Samler, and gives this written notice avowing her
intention in accordance with the provisions of 54 Pa.C.S. ~ 704.
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Maiy ittt
Wishes To Be Known As:
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Mary E. ler
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND SS,
On the tfiIG day of ~ ,2001, before me, a Notary Public, personally appeared
Mary E. Ott, 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.
NOTARiAL SEAL
Janel L. Wenger, NoWy Public
Carlisle, Cumhe'>nd ['"illy
My Commission Ex,' '.C i"''1ember' 3, 2003
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