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Home My WebLink About03-1934DORINDA L. PROCTOR, Plaintiff PHILLIP W. PROCTOR Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION-LAW · DIVORCE 'NO. 03- ]93~/ CWIL 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 judgement 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 child. 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 DWORCE 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. DORINDA L. PROCTOR, Plaintiff Vo PHILLIP W. PROCTOR, Defendant · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, · PENNSYLVANIA · CIVIL ACTION - LAW · DIVORCE · NO. 03- Jq3,]CIVIL TERM COMPLAINT UNDER 23 Pa.C.S..~§ 3301(c) and (d) OF THE DIVORCE CODE The Plaintiff, Dorinda L. Proctor, by her attorneys, the Family Law Clinic, sets forth the following cause of action: DIVORCE 1. Plaintiff is Dorinda L. Proctor, who currently resides at 13 East High Street, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Phillip W. Proctor, who currently resides at 164 Castle Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant are husband and wife, having been married on November 5, 1988. 4. Plaintiff and Defendant have lived separate and apart since March 13,2001. 5. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of the Complaint. 6. There have been no prior actions of divorce or for annulment between the parties. 8. Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. Lyndsey N. Koc~es ' Certified Legal Intern THOMA'g M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH Supervising Attorney FAMILY LAW CLINIC 45 NORTH PITT STREET CARLISLE, PA 17013 717-243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. § 4904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information, and belief. Dated: Dorinda L. Proctor DORINDA L. PROCTOR, Plaintiff PHILLIP W. PROCTOR Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION-LAW · DIVORCE ; ; · NO. 03- CIVIL TERM NOTICE 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. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated in March of 2001, 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 ifI 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 Plaintiff DORINDA L. PROCTOR, Plaintiff Vo PHILLIP W. PROCTOR Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA .- · CWIL ACTION-LAW · DIVORCE .. · NO. 03- ~ °1'3c{ CIVIL TERM _PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Dorinda Proctor, Plaintiff, to proceed in forma pauperis. I, Lyndsey Koches, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing legal service to the party. Date: April 14, 2003 Lynd~y N. Koc~e¢ ' ' Certified Legal ~em THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILy LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 DORINDA L. PROCTOR, Plaintiff Vo PHILLIP W. PROCTOR, Defendant · IN THE COURT OF COMMON PLEAS · OF CUMBERLAND COUNTY, · PENNSYLVANIA · CIVIL ACTION - LAW · DIVORCE : NO. 03- !ct3~ CIVIL TERM Affidavit of Service I, Michael Parker, Certified Legal Intern, verify that the Family Law Clinic served a tree and correct copy of the §3301 (c) and (d) Complaint in Divorce on Defendant, Philip W. Proctor, by placing same in the U.S. Mail, certified no. 7001 2510 0003 4482 1648, restricted delivery, return receipt requested, postage prepaid on May 21, 2003, addressed as follows: Mr. Philip W. Proctor, 2055 Good Hope Road, Enola, PA 17025-1238. On May 27, 2003, return receipt no. 7001 2510 0003 4482 1648 was delivered to the Family Law Clinic, bearing the signature of Philip Proctor and showing a date of service of May 23, 2003. The sender's receipt and return receipt are attached hereto and incorporated by reference. Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 (717) 243-2968 Postage Certified Fee ~:leturn Receipt Fee (Enct~sement Required) Res~ricteq Delivery Fee (Endorsement Required) Total Postage & Fees 7_ · Complete items 1, 2, and 3. Also complete item 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 back of the mailpiece, or on the front if space permits. Article Addressed to: 'PA;II,'p T roc-l-or- A. Received by (Please Pn'nt Clearly) B. Date of Delivery Agent item 17 I-lyes [] No Certified Mail [] Registered [] Insured Mail [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) []Yes 2. Article Number (Copy from service label) PS Form 381 1, July 1999 Domestic Return Receipt 102595-99-M-1789 DOR1NDA L. PROCTOR, Plaintiff PHILLIP W. PROCTOR Defendant : IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COEqNTy, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE : : NO. 03-1934 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 mc 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. Dorinda Proctor, Plaintiff Z DORINDA L. PROCTOR, Plaintiff PHILLIP W. PROCTOR Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COlYNTY, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE : : : : NO. 03-1934 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER§ 3301(e) AND § 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if/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 fi/ed with the prothonotary. I verify that the statements made in this affidavit are true mad 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:~ DORINDA L. PROCTOR, Plaintiff PHILLIP W. PROCTOR Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE : NO. 03-1934 CIVIL TERM AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on April 25, 2003. The marriage of 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 mae 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. hate: i 0 '3 I Dorinda L. Proctor, Plaintiff DORINDA L. PROCTOR, Plaintiff PHILLIP W. PROCTOR Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW DIVORCE : NO. 03-1934 CIVIL TERM AFFIDAVIT OF CONSENT A complaint in divome under § 3301(c) of the Divorce Code was filed on April 25, 2003. The marriage of 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 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. fPhiiiip W. [/foctor, De~erfdant - DORINDA L. PROCTOR, Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : DIVORCE PHILLIP W. PROCTOR Defendant : NO. 03-1934 CFVIL TERM CERTIFICATE OF SERVICE I, Christine M. Olexa, Certified Legal Intern, hereby certify that I am serving a true and correct copy of the Plaintiffs Affidavit under Section 3301(c), Praecipe to Transmit Record, and Vital Records Form on Phillip W. Proctor, 2055 Good Hope Road, Cumberland County, Enola, Pennsylvania 17025-1238, by placing same in the U.S. mail, first class, postage prepaid on this date. Date Certified Legal Intem THE FAMILY LAW CLiNIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-3696 DORINDA L. PROCTOR, Plaintiff PHILLIP W. PROCTOR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE : NO. 03-1934 CWIL 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. Ground for divorce: irretrievable breakdown trader §3301(c) of the Divome Code. 2. Defendant was served by U.S. Mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Phillip W. Proctor, May 23, 2003. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: By Plaintiff: October 31, 2003; By Defendant: October 30, 2003. 4. Related claims pending: NONE. 5. Date plaintiff's Waiver of Notice was filed with the Prothontary: October 6, 2003; Date defendant's Waiver of Notice was filed with the Prothonotary: October 6, 2003. Date Christine M. Olexa Certified Legal Intern ANNE MACDONALD-FOX Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717), 243-3696 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF Dorinda L. Proctor, Plaintiff VERSUS Phillip W. Proctor~ Defendant PENNA. 03-1934 Civil Term DECREE IN DIVORCE AND NOW, ~_~--~ i~ DECREED THAT Dorinda L. Proctor AND Phillip W. Proctor , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOI_LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE