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HomeMy WebLinkAbout01-04000rl [N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. .;,_ , MARLENE M. PALMER N p, 2001-4000 Plaintiff VERSUS WILLIAM H. PALMER, III Defendant DECREE IN DIVORCE AND NOW, ~~O1o C' d'" ~ 2001 , IT IS ORDERED AND DECREED THAT MARLENE M. PALMER , PLAINTIFF, AND WILLIAM H. PALMER, III ,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; E P . A `~~ ~ J ~. u MARLENE M. PALMER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- !~ CIVIL TERM WILLIAM H. PALMER, III, :CIVIL ACTION -LAW Defendant : IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER §33~1(D) OF THE DIVORCE CODE Check either (a) or (b) ~(a) I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (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) v (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. VERIFICATION I verify that the statements made in this Counteraffidavit 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. ~ `J- r of ~Y ~~~.u..~~ ate illiam H. Pa mer, III ';~ c~ Q -- `~- ~ _''; n ~.;' + ~ ._ ~r' ~- ~- ~, as =~ ~ _ ~ --~ ~ ~, ~., S s f MARLENE M. PALMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-4000 CIVIL TERM WILLIAM H. PALMER, III, :CIVIL ACTION -LAW Defendant : IN DIVORCE 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 §3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail on June 29, 2001. 3. Date of execution of the Affidavit required by §3301 (d) of the Divorce Code: June 20, 2001 a. Date of filing and service of the Plaintiffs Affidavit upon the Respondent: June 28, 2001 3. Related claims pending: None. 4. Date and manner of service of the Notice of Intention to file the Praecipe to Transmit the Record, a copy of which is attached: First Class Mail, postage pre-paid on July 26, 2001. ~ ~ ~;.< °a~ ~`~ ~ n' z~ -nr - ~~ ~~ -<: i--C' --rr -_ fir., ---• I ~= ~ ac :: ', G ~. `i ~ 8 -^'~ O MARLENE M. PALMER, Plaintiff v. WILLIAM H. PALMER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- yv7r~ CIVIL TERM CIVIL ACTION -LAW 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 will proceed without you and a decree in divorce or annulment may 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 at the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 MARLENE M. PALMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01- ~UVZ1 CIVIL TERM WILLIAM H. PALMER, III, :CIVIL ACTION -LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Marlene M. Palmer, an adult individual, currently residing at 131 West North Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is William H. Palmer, III, an adult individual, currently residing '~ at 408 North West Street, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 12, 1981 in Las Vegas, Nevada. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since December 8, 1998 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. ~~ ~ 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ~! ninety days from the date of the filing of this Complaint or two year separation, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. Respectfully Submitted TURO LAW OFFICES ~~~°l~'/ Date Ron Turo, Esqui 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 Attorney for Plaintiff 1 q VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. CP~~ Da a Ma ene M. Palmer Y L~ S Oro ~?D ~~.~ 1~: ~_ `~ ~n _ ~:,, " __ _i _. ra _~ ~, ~S ~~ '~~ ikx rr ~«sa;~' sk,c~~`~~r~~+sro~yaa~a~ia xasa~anu2'~"i"~a-..-'ca're MARLENE M. PALMER, Plaintiff v. WILLIAM H. PALMER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- h~uvU CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Marlene Palmer, Plaintiff, to proceed in forma pauperis. I, Ron Turo, Esquire, attorney 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 services to the party. The party's Affidavit showing inability to pay the costs of litigation is attached hereto. ~~~~~ Date Respectfully Submitted TURD LAW OFFICES Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717)245-9688 Attorney for Plaintiff MARLENE M. PALMER, Plaintiff v. WILLIAM H. PALMER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- y~ CIVIL TERM CIVIL ACTION -LAW IN DIVORCE i ~, AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing 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: Marlene Marie Palmer Address: 131 West North Street Carlisle, Cumberland County, Pennsylvania Social Security Number: 573-94-3269 b. If you are presently employed, state Employer: N/A Address: Salary or wages per month: Type of work: None If you are presently unemployed, state Date of last employment: August 3. 1999 Salary or wages per month: $2.000.00 per month Type of work: Claims Analyst J c. d. e. Other income within the past twelve months Business or profession: None Other self-employment: None Interest: None Dividends: None Pension and annuities: None Social Security benefits: $8.000.00 lumppavment Support payments: None Disability payments: None Unemployment compensation and Supplemental benefits: None Workman's compensation: None Public Assistance: Medical only Other: Food stamps Other contributions to household support Wife/Husband Name: None If your Husband/Wife is employed, state: Employer: Carlisle School District Salary or wages per month: Retired Type of work: Contributions from children: None Property owned Cash: None Checking Account: None Savings Account:$5.00 Certificates of Deposit: None Real Estate (including home): Rent Motor vehicle: Make Plymouth Year 1988 Cost Gift Amount owed 0.00 Stocks; bonds: Other: None f. Debts and obligations Mortgage: N/A Rent: $155.00 per month Loans: None Monthly Expenses: Electric $40.00. Gas $135.00. Water & Sewer $45.00. Cable $40.00. Phone $75.00. Food/Clothing $200.00 g. Persons dependent upon you for support Wife/Husband Name: N/A Children, if any: Name: Julia Palmer Age:16 Name: Catherine Palmer Age:18 Name: William Palmer. IV Age:19 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. V ~ d ~~ ~~~~f~~l'~ Da e M rlene M. Palmer, Plaintiff C"3 --y t-.I ~ _ f' ' r,~ ri : ~} ( ~ i_: -~ ~ 3 ~~( z ~ '_ ,;x:w vaaisss:,rn~py'.. .R4.. ~. MARLENE M. PALMER, Plaintiff v. WILLIAM H. PALMER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- ycG.~-u CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER &33010 OF THE DIVORCE CODE 1. The parties to this action separated on December 8, 1998 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 marital property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF PA. C.S. §4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ~' U D Date Marlene M. Palmer .. r,__ _. ~ ~ _.: - SI r ~ -- _ - ~, `' ~, %e_' j Cc , ~ ` ;._ ; -~ c _ .~ J //~~ ,, ~.J \ k~ MARLENE M. PALMER, Plaintiff v. WILLIAM H. PALMER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4000 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301 (d) DIVORCE DECREE TO: William H. Palmer, III 408 North West Street Carlisle. PA 17013 You have been sued in an action for divorce. You have failed to answer the Complaint orfile aCounter-Affidavit to the §3301(d) Affidavit. Therefore, on or after August 16, 2001, the other party can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or aCounter-Affidavit by the above date; the Couit can enter a final Decree in Divorce. ACounter-Affidavit which you may file 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 form Counter-Affidavit along 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 OUR WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ~~fQ~ Date / on Turo, Esquire ~8 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff 0 -,~ i` ' rats~eeaerm:wsnus~sants~x. MTfi~R~i '~^e~-.s::.+v E ,r,~.c,: :a,:..w_~zwr°a-SZ+P=t~4 ~„ grey :-h! ... ^~i-~ gs's.Fi nYgFIK'8°,~..4r=.~b7!'#§4 !~ 1 .. ~ ~ MARLENE M. PALMER, Plaintiff v. WILLIAM H. PALMER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- '~~~ CIVIL TERM CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S COUNTERAFFIDAVIT UNDER §33010 OF THE DIVORCE CODE 1. Check either (a) or (b) (a) I do not oppose entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because: (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. 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. K w - ~ ~ ~ t CERTIFICATE OF SERVICE I hereby certify that I served a Notice of Intention to Request Entry of §3301(d) Divorce Decree upon William H. Palmer, III by depositing same in the United States Mail, first class, postage pre-paid on the 26th day of July, 2001, from Carlisle, ~'~ Pennsylvania, addressed as follows: I i William H. Palmer, III 408 North West Street Carlisle, PA 17013 TURO LAW R r6~l~o,Esquire 2 South Pitt Street arlisle, PA 17013 (717)245-9688 Attorney for Plaintiff C ' -.. ': ~ ~~? r,'- ~. f~ t . C - ... ... .„at~^..r :~mt~~~ +.nev°,,-r boa ~a~w.=+~-R~a~u z~ ,~,s~~sara~aw,-esans3 Y . ~ ~ VERIFICATION I verify that the statements made in this Counteraffidavit 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 ~,(~~ ~ iii a~~ William H. Palmer, III <, `~' _~ r: = = ' G1 •r. , n. 'i ri., ~ --~> ' ~" 1 c ,_ a . ~. t~ `::; ..o = _ ` ~5 'J -'~i ~,~ ~ y l t~ ~~ w ~, MARLENE M. PALMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 01-YUOI~ CIVIL TERM WILLIAM H. PALMER, III, :CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I HEREBY CERTIFY THAT I served a true and correct copy of the Divorce Complaint, Notice to the Defendant and Plaintiff's Affidavit under Section 3301(d) filed in the above captioned case upon William H. Palmer, III, by certified mail, return receipt requested on June 29, 2001 addressed to: William H. Palmer, III 408 North West Street Carlisle, PA 17013 and did thereafter receive same as evidenced by the attached Post Office receipt card dated July 6, 2001. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT OF SERVICE ARE TRUE AND CORRECT TO THE BEST OF MY KNOWLEDGE, INFORMATION AND BELIEF, I UNDERSTAND THAT FALSE STATEMENTS HEREIN MADE ARE SUBJECT TO THE PENALTIES OF 18 PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. F~~ Date TURD LAW OFFICES Ron Turo, Esquire 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 Attorney for Plaintiff „W Y R !r ,. Z 452 476 232 US Postal Service Receipt for Certified Mail No Insurance Coverage Provided. n,. ~.a „tee rnr Inemm~finnnl F„lnil LSea mvaccel m a `c a C a F u a Sentlo i N Sl Numb r~ ~ ti P ' e,S PCad ~ OJ Postage $ ~~ Cen~ed Fee 1 D Spedel Delivery Fea Restdcted Delivery Fee Retum Receipt Showing to Whom 8 Date Delivered Realm Receipt Slrowig to Ydarn, Date,BAddrsssee's Address TOTAL Postage 8 Fees $ j PosMark or Da ta ~ ~ M ~ W v+'r' / SENDER: I alsd wish to receive the foll~ra- 0 complete hams 1 and/or z for additional services. Ing seNlCes (for an eMra fee): Complete horns 3; 4a, and 4b. O Paid your name and atltlress on the reverse of this form ao that we can return this caM to you. - 1.. .... ~ S D Attach Nis form to the front of [ha mailpieos, or on the beds if space does not permit. estricted Delive ©Write 'Rerum Receipt Requested' on the mailpiece below the anicle number. ®The Aetum Receipt will show to whom the article was deliveretl and the date delivered. ~-~~ ~O~ tiora~+ w~T S~F~r o _ .,,_ Registered ~ertified Express Mail ^Insured ~etum Receipt for Merchandise ^COD Date of Delivery ~~ o/ Addressee's Address (Only i/requesteda /eji~,opld) ~ .. y.v,,~ .~. w -., V ~G s„ MARLENE M.PALMER, Plaintiff v. WILLIAM H. PALMER, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.01-4000 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE 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 §3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail on June 29, 2001. 3. Date of execution of the Affidavit required by §3301(d) of the Divorce Code: June 20, 2001 a. Date of filing and service of the Plaintiffs Affidavit upon the Respondent: June 28, 2001 3. Related claims pending: None. 4. Date and manner of service of the Notice of Intention to file the Praecipe to Transmit the Record, a copy of which is attached: First Class Mail, postage pre-paid on July 26, 2001. ~-. ,_= w . --~ ~: ri;,:, , a ~, r- -:_ ~5 ~Q MARLENE M. PALMER, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW WILLIAM II. PALMER, III, Defendant NO.O1-4000 CML TERM ORDER OF COURT AND NOW, this 19~' day of September, 2001, upon consideration of Plaintiff's Praecipe to Transmit Record, and the file containing a Defendant's Counteraffidavit seeming to indicate that Defendant does wish to claim economic relief, a divorce decree will not be entered at this time, without prejudice to the parties' rights to clarify the record and file a new praecipe to transmit if appropriate. BY THE COURT, Ron Turo, Esq. 28 S. Pitt Street Carlisle, PA 17013 Attorney for Plaintiff William H. Palmer, III 408 North West Street Carlisle, PA 17013 Defendant, Pro Se :rc b!{\~Lr~llSf~lEV3d Al.l~lRr`~ C~'~`a'~'ta~Sl~'vil~ ~ l :l =;'~ b l d~S i'y ~~; ;r,;,: j J ~,~f_u,~.v;- ,.,, , __ r -~