The URL can be used to link to this page

Home My WebLink About01-06064 '"-.-, ,,,-, ';'", -,"" '. <~-, ,,;-,,-,' "-~., ,'_0 '" " '. ;,-:,', ;'."-' ,>.;,,-;.,",j,i,-~~;, ';;:-;" ,,-. - "Ai-'i.1 .. .., COLLEEN M. OLIPHANT, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE,AL~O~, : EQUITABLE DISTRIBUTION AND : AL~O~ PENDENTE LITE DAVIDD- OLIPHANT, Defendant : NO. 01- 1.01.1( CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Colleen M. Oliphant, Plaintiff, to proceed in forma pauperis. I, R Brad Balaban, 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 free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. /;( zt J;;L R BRAD BALABAN Certified Legal Intern ROBERT E~ n., THOMAS M. PLACE Supervising Attorney TERI L. HENNING Staff Attorney f.- THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 fi '~""" '-' -L <"-< ~~.i~: ~ '-" COLLEEN M. OLIPHANT, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CNIL ACTION - LAW : DNORCE, ALIMONY, : EQUITABLE DISTRIBUTION AND : ALIMONY PENDENTE LITE DAVID D. OLIPHANT, Defendant : NO. 01-(,,()'YCNIL TERM AFFIDAVIT SUPPORTING PRAECIPE 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 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: Colleen Marie Oliphant Address: 2 WestministerCourt, Carlisle, PA Social Security No.: 182-50-3837 (b) Employment: Unemployed If you are presently employed, state Employer: n/a Address: n/a Salary or wages per month: n/a Type of work: n/a If you are presently unemployed, state Date of last employment: beginning of 1987 Salary or wages per month: $800 Type of work: Nurse's Aid (c) Other income within the past twelve months Business or profession: n/a Other self-employment: n/a Interest: n/ a Dividends: n/a Pension and annuities: n/a ~ - ...~ .~~~~';J'>' -'", Social security benefits: $550/month Support payments: $73/week Disability payments: About to begin and take the place of SSI Unemployment compensation and supplemental benefits: n/a Workman's compensation: n/a Public Assistance: Food Stamps $279/month Other: Access Card (d) Other contributions to household support (Husband) Name: n/a If your (husband) is employed, state Employer: n/a Salary or wages per month: n/a Type of work: n/a Contributions from children: n/a Contributions from parents: n/a Other contributions: n/a (e) Property owned Cash: $0 Checking account: $900 Savings account: n/a Certificates of deposit: n/a Real estate (including home): Trailer (1974) Motor vehicle: n/a Cost, Amount Owed $ n/a Stocks; bonds: n/a Other: n/a (f) Debts and obligations Mortgage: n/a Rent: $2 I O/month lot rent Loans: n/a Other: Electric bill - $75/month; Phone bill $65; Trash bill $10; Necessities $60/month; Approximately $650 in property and real estate taxes. Persons dependent upon you for support (Husband) Name: n/a Children, if any: Name: Megan Marie Oliphant Age: 14 Other persons: n/ a Name: n/a Relationship: n/a ,- - Lb '_ . . ~--<^ '~- ~''''' ',' - ^' ".",' , ,;l__" "'." "" --,~-"' . ~"'''/h ~ .. 5. I verify that the statements made in this affidavit are true and correct. I understand my financial circumstances which would permit me to pay the costs incurred herein. that false statements herein are made subject to the penalties of18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date \0\ \ 0 ) 0 \ Co~ '-{'f\ cdtrb-~ Petitioner _ _~'. _ ,-",~___.~. '" ~_=~__'J i(4~~~~""'-'''' -''''-.m~MI~~~'l.fli$,i\bj:1wi,,~\w,;:.!lliinml'~''^ 't t ",{iJd,_,mUL1~ 1 'l .jLLJLIIILm~!m,.,.L.U,~,".. "--~. ~~ ~= (") C <- lJcf~ IT]r,--; ~:';'Ci eI)5-- -< ,. ~~) :~ ,~ ."k "_ '!? ::::> (Jj ,. .. o o --'--1 o CJ -l ~v ~ __J -r i~;:l;;g -'Jr.l -:;0 ,~-:_~".:S T'-" ~"~~:: ('~nl 5;J .::a -< ~ .'. ~. I " ~ . , . COLLEEN M. OLIPHANT, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW :DIVORCE, ALIMONY, :EQUITABLE DISTRIBUTION AND :ALIMONY PENDENTE LITE v. DAVID D. OLIPHANT, Defendant :NO. 01- 6064 CERTIFICATE OF SERVICE CIVIL TERM I, R. Brad Balaban, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving a true and correct copy of the Divorce Complaint under Section 3301(c) & 3301(d) of the Divorce Code on Mr. David D. Oliphant, residing at 227 Arch Street, Carlisle, Cumberland County, P A 17013 by United States mail, certified, restricted delivery, retum receipt requested, postage prepaid. Service was complete upon receipt by David D. Oliphant on the 31 ,t day of October, 2001, as evidenced by his signature on the attached green card. II. ~-OJ Date -t. zL Z1/L R. Brad Balaban Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle,PA 17013 717-243-2968 . . " . . . . . 'ililf~'~~'i ~~__~!li;l1h;"i6.i.,*;~1Iili~iillAc~r~i!iiO'"bj-"j''''lkli'':-'' ..,':'J,':~',:_1;j,",_""";~,,,:c,,',^0~;cI;;''''t,;''-'!''MU!1'lI"".~~ i~' .'.' ''''~''~ittlliI_k>~~I~~ '~b!IIm f 1lI1i11i1illill o c z: -oe,[: fli f~- Z::" 21..,_ ~~ ~~ ::::' ..<: Ps 8H . . .",~n~. i.J,ml\J!!~J~ 'lilll!l!1LN mJll!l1.lU,lJ~~.il.J.."~'!jIII.JI~U"'.,.""",, .... _ ~~ ~.-,.- ~", " ~,,', - "".- ~~ ~-~~,'~ c::- - C'; 6 ~~ '" (;,) .. ,~-- U.S. Postal Service I CERTIFIED MAIL RECEIPT .. (Domestic Mail Only," No Insurance Co~e Pr~vlded) M M or a- ..ll Ir a- or Postage $ ... ,..,. a a Certified Fee Return Receipt Fe9 (Endorsement ~eqtJ)redl R.esirJcled DeliVery Fee {Enijorseme!'\1 ReqUired) a a =r fTl Total PQ$tage a Fee$ a- Ir a ..... '=-=~--~~- , SENDER: COMPLETE mlS SECTION . Complete Items 1, 2, and 3. Also complete item 4 if Restricted DelivaI)' Is desired. . Print your name and address on the revense so that we can return the card to you. . Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to~ '&~t!- &~ ~;t.'l t2u.L ~ ~ fA 1~lo/3 / 3. Service 1)rpe ~ified Mail 0 Express Mail o Registered K Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted DelIvery? (EXtra Fee) X,Yes 2. ~)i Nu~ber(C'opyrromservlce rabeD -~ I' I j' Ii i t { f f '7~!/!:t ~4CtJ /JOt" /.;.t/tlt. tJt.)il " PS Form 3811, July 1999 Domestic Retum Receipt Hif 10259s-gQ.M.1iS9 , ,t >!'qt.'..~,..!" . _~ ,. . COLLEEN M. OLIPHANT, PlaintiIDPetitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE DAVID D. OLPHANT, Defendant/Respondent NO. 01-6064 CIVIL TERM IN DIVORCE DR# 31154 PacseS# 119103953 ORDER OF.COURT AND NOW, this I" day of November, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on November 30.2001 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the confereuce officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1I@ (4) verification of child care expenses (5) proof of medical coverage which you may have, or may l1ave available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 11-2-0 I to: Petitioner < Respondent Ten Henning, Esquire .;JL I .,''''-.. Date of Order: November 2,2001 ,)\ ,y i . J. Shadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 ~- ' "ii'l~ ,,,_,_. '''''iii~~~~lji''''~ OM"" ,-~~ '-, c: '..}r.~\R\.' ::,',',' ")" l 0" '"_ . -U (, i= _r'::' "',',; I'IT\/ 1..; '-" ~,' I \ I i PENNSYi~\/i\i\i!A ~L.~U, UL\:l!IJJn.,~l!II'):!~".,,!!, h,V,il!J", .",1."". .,',""." '"" .. '~tlT~[j~R[jj .~ " ~-' ~,~ - I!iI1ll!ilO1lilllilli~~tl!t" itS' 5:.3 Ii \t' ',,' , ~ ..~ ~ ~~~. .'""", . ,'. 1..-;' ':B~ COLLEEN M. OLIPHANT, Plaintiff a :IN THE COURT OF COMMON PLEAS OF ~)' :CUMBERLAND COUNTY, PENNSYLVANIA .?,sd ~ v. :CIVIL ACTION - LAW :DIVORCE, ALIMONY, :EQUlTABLE DISTRIBUTION AND :ALIMONY PENDENTE LITE :NO.Ol- f.:.Ol.:.'-( CIVIL TERM DAVID D. OLIPHANT, Defendant 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, DMSION 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 HA VB 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 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. 1 ~, __-'",,'" :J; ~- " <. ~' ;: COLLEEN M. OLIPHANT, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : CIVIL ACTION - LAW : DIVORCE, ALIMONY, : EQUITABLE DISTRIBUTION AND : ALIMONY PENDENTE LITE : NO. 01- 1.0(.Y CIVil., TERM DAVID D. OLIPHANT, Defendant COMPLAINT FOR DIVORCE. ALIMONY. EOUITABLE DISTRIBUTION AND ALIMONY PENDENTE LITE AND COSTS The plaintiff, Colleen Oliphant, by her attorneys, the Family Law Clinic, sets forth the following cause of action: COUNT I DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c) AND 3301(d) OF TIlE DIVORCE CODE I. Plaintiff is Colleen Oliphant, an individual who currently resides at 2 Westminister Court, Carlisle, Cumberland County, Pennsylvania, since July 2000. 2. Defendant is David Oliphant, an individual who currently resides at 227 Arch Street, Carlisle, Cumberland County, Pennsylvania, since May 11, 2001. 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, 1986 in Newville, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since May 11,2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marnage. 2 / Jl I' 'n1rJliiO~ . '.,~ ~.- '-I -~~'" ,J.w;hi,,;, .. COUNT II ALIMONY 9. Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff requires support to adequately maintain herself in accordance with a reasonable standard of living. 11. Plaintiff has been and will continue to be the primary caretaker of one of the party's minor children. 12. Plaintiff has serious medical conditions including, epilepsy, which would make it extremely difficult for her to hold employment or to learn a new skill. 13. Plaintiff is currently receiving Supplemental Security Income (SSI) from the Social Security Administration (SSA), and has been approved for disability payments. 14. Plaintiff has not been involved in the work force for over 14 years. 15. Defendant, during the marriage, discouraged Plaintiff from seeking employment outside the home. 16. Plaintiff, now at age thirty-six (36) with no skills or experience, is unable to enter the work force without considerable training. 17. Even with considerable training, the Plaintiff will be at a great disadvantage because of her age and lack of experience. 18. Defendant is financially able to provide for his reasonable needs and the reasonable needs of the Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable alimony, and such other relief as the Court deems just. 3 . ,~.~, ~ ., 0 _ ,__~ ~ .-" -<, -'- ,,~- ,- --' ,,^-.",'" .,- .,^ ,~ -, -,~ -"""--~--""-'~'~-"""'--%"-""'., <'-,,0 ~--'",';,e':;:g'-:, COUNT III EOUITABLE DISTRIBUTION 19. Plaintiff repeats and realleges paragraphs one through eighteen. 20. Plaintiff and Defendant have acquired property and debts during the marriage, including, but not limited to; a) Checking account at Orrstown Bank in Defendant's name; b) Checking account at Orrstown Bank into which Plaintiffs SSI payments are deposited; c) 401k package in excess of $19,000 through Defendant's employer, Carlisle Tire & Wheel; d) A Van e) Marital debt relating to property and real estate taxes; and 1) A 1974 trailer, but not the property of which it sets, located at 2 Westminister Court, Carlisle, PA. WHEREFORE, Plaintiff requests the Court to enter a decree dividing the property and debt equitably between the parties and providing such other relief as the Court deems just. COUNT IV ALIMONY PENDENTE LITE 21. Plaintiff repeats and rea1leges paragraphs one through twenty. 22. Plaintiff has not been employed for the past 14 years, she is unable to support herself and the children, and she does not possess sufficient property to provide for her reasonable needs or the needs of the children during the pendency of this proceeding. 23. Plaintiff suffers from a serious medical condition, epilepsy, which causes her to have frequent and disabling seizures that inhibit her ability to maintain appropriate employment. 4 J .,.. .. ~- ''''''~.>' { . . .' 23, Plaintiff suffers from a serious medical condition, epilepsy, which causes her to have frequent and disabling seizures that inhibit her ability to maintain appropriate employment 24, Plaintiff will also be at a disadvantage during this litigation due to her lack of finan.cial resources. Plaintiff will be unable to pay for any expenses that might arise during litigation of this matter. 25. Defendant has been employed during the marriage and will have the fmancial resources to pay for expenses that might arise during litigation of this matter. 26. Defendant also has the fmancial ability to provide for the reasonable needs of the Plaintiff. WHEREFORE, Plaintiff requests the Court to order Defendant to pay a fair and reasonable sum of money in the form of Alimony Pendente Lite. Respectfully Submitted; Date 10-.14--01 i:i!.Af11- Student Attorney :; ': ~YL,tL.. THOJA M. PLACE ROBERT E. RAINS TERI L. HENNING Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 5 _. ~ " " , " --,..,. ',--. , -,~~-"-, ~'~'. ~,""","",L~~-- ~- . , . . VERIFICATION I verifY that the statements made in the foregoing Divorce Complaint are true 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 unsworn falsification to authorities. Date: IT oj O( ( ~" QJii6 0],Q..u ,(Q YWf olleen M. 6G~ 6 - --.- ~ -,,-~-, ~ijqlll!lj:~.~I.lill_-'~ ~ ~ ~",~~~*,~";,,,,,;,~,-~c,,,_'C~,,,,",-c,,,,,,,'''",_-_'-''''''!:S'~'''''-'~l!:i,lt<,~~'":J~""""'"' . , . " 0 C> ~, 'j c '" ~ ~ -~ D '-1 :.S... -oCc n 'T fTicn -< r~::.~_~ Z:-:;:y .....~~~, t :ze- N ~~? ..r:;.: ~ - !<'C' ;po -;i L) :E':C :-.4: CJ(') ~-~(I v:l C:sm )>"C "" ~ '::) ~ -< (10 _,@:U~li~ ~J. --::,[ "",.!JJ.:!_,:L ,.,. "WUl>J,L 1 ~'_' ~,," ~" ~ =_. _r_ _ ~, <~ . .........- ~. ."... ","~. ",.' "'"'" In the Court of Common Pleas of CUMBERLAND Couuty, Pennsylvania DOMESTIC RELATIONS SECTION COLLEEN M. OLIPHANT ) Docket Number 01-6064 CIVIL Plaintiff ) vs. ) PACSES Case Number 119103953/D31154 DAVID D. OLIPHANT ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 13TH DAY OF DECEMBER, 2001 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or W Other ALIMONY PENDENTE LITE filed on OCTOBER 24, 2001 in the above captioned matter is dismissed without prejudice due to: PLAINTIFF WITHDRAWING HER REQUEST FOR ALIMONY PENDENTE LITE. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RJ Shadday Xc: plaintiff defendant R. Brad Balaban, Esquire George E. Hoffer, PRES. JUDGE Service Type M Form OE-506 Worker ID 21005 n 111 .. lL. wMpl~~-~'iIItiM:'~li-""i~~~~~,"i<'~1W\;,,~j-"':""h' -,,~_~:-_ ;"d":'l_"_';";,;A'<',S.,.-,-,,,~?m'l!:o;\;j-,:"n.'iI~'=.'~=""'ifftlir.iliifjiilll!!IIWU.",,~nil;~~_\iIlfj~~_ (') ~ "Om rom ~:c we:: jof,: ~.- ~k;~ o c:: -,. :~ ""(;"'7..):,1.1.- .~..);~_J~ 1. '~~__.Il.ij~,,_L.,J~, _,_,;J>_..;-,..._~Jk~TI._J?,~.U,l!Ji,U".J~~<JIL,J!:,._c "-,.,,,~^l___~"., .~" >,." E5 1<..5 ... o o -q --; ,":1:-.._ L-;,--:..! :~~,H .:;1: ;::!~J ;-J~+i 50 (~rn ?iJ -< o f'?1 n N o -0 :E: W +:- U1