Loading...
HomeMy WebLinkAbout01-6017JOY K. ZIMMERMAN, Plaintiff TIMOTHY L. ZIMMERMAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 0~- (.~ 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 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 Prothonotary at the 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 OUR 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. Court Administrator Cumberland County Courthouse Carlisle, PA 17013 JOY K. ZIMMERMAN, Plaintiff TIMOTHY L. ZIMMERMAN, Sr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE NO. 01- ~O/V CIVIL TERM DIVORCE COMPLAINT The plaintiff, Joy K. Zimmerman, 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), 3301(d) AND 3301(a)(6) OF THE DIVORCE CODE 1. Plaintiff is Joy K. Zimmerman, who currently resides at 332 Farmington Dr., Shippensburg, Cumberland County, Pennsylvania, since May 1, 2001. 2. Defendant is Timothy L. Zimmerman, Sr., who currently resides at 104 Goodhart Rd., Shippensburg, Cumberland County, Pennsylvania, since April 15, 1993. 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 February 19, 1988 at Shippensburg, Cumberland County, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since May 1, 2001. 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. WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the marriage. Date//~- I~- Z~Ooi Matthew P. Hughson Student Attorney ROBERT E. RAINS TERI L. HENNING Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 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 unswom falsification to authorities. Date: /0 JOY K. ZIMMERMAN, · IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY L. ZIMMERMAN, Sr., Defendant CIVIL ACTION - LAW DIVORCE NO. 01-GO/7 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Joy K. Zimmerman, Plaintiff, to proceed informa pauperis. I, Matthew P. Hughson, of the Family Law Clinic, Certified Legal Intern for the party proceeding informa pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Matthew P. Hughson Certified Legal Intern E RAINS THOMAS M. PLACE Supervising Attorney TERI HENNING Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 JOY K. ZIMMERMAN, Plaintiff TIMOTHY L. ZIMMERMAN, Sr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW DIVORCE : NO. 01-6017 CIVIL TERM CERTIFICATE OF SERVICE I, Matthew P. Hughson, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Divorce on Timothy L. Zimmerman, Sr., residing at 104 Goodhart Road, Shippensburg, Cumberland County, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested. Service was complete upon receipt by Timothy L. Zimmerman, Sr., on or prior to the 16t~ day of November, 2001, as evidenced by the attached green card and the postmark thereon. Matthew P. Hughson Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 · Complete Items 1, 2. and 3. AJ,o complete item 4 if Restricted Deliver/Is deeired. · Print your name and address on ff~e reveme so that we can return the card to you. c. Signature · Attach this card to the back of the maJlplece, or on the front if space permits. 1. Articfe,N~lmssecl to: D. Is dek~, ~. P, ece~e~ by ~ ~nt C~eany) B. O~ of D~3, [] ,~oent I-lyes [] No ~,,==~ Return Receipt Joy K. Zimmerman, Plaintiff Timothy L. Zimmerman, Sr., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . .' : CIVIL ACTION - LAW : IN DIVORCE : : NO. 01-6017- CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 23 Pa. Section 3301(c), 3301(d) and 3301(a)(6) of the Divorce Code was filed on October 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 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 unsworn falsification to authorities. Joy K. Zimmerman, Plaintiff Timothy L. Zimmerman, Sr., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO. 01-6017 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF ~ 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 if I do not claim them before a 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 will be sent to me immediately after it is filed with the prothonotary. I verify that the statements made in this affidavit are tree 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. Joy K. Zimmerman, Plaintiff Timothy L. Zimmerman, Sr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 01-6017- CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 23 Pa. Section 3301(c), 3301(d) and 3301(a)(6) of the Divorce Code was filed on October 19, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 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 statemems 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. Joy K. Zimmerman, Plaintiff Timothy L. Zimmerman, Sr., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CML ACTION - LAW : IN DIVORCE : : NO. 01-6017 CIVIL TERM WAIVER OF NOTICE OF EV'FE~ION TO REQUEST ENTP. Y OF A DIVOP. CE DECREE UNDER §3301(C) OF ~ DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand thatI may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a 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 will be sent to me immediately, after it is filed with the prothonotary. I verify that the statements made in this affidavit are tree 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. Date erman, Plaintiff Joy K. Zimmerman, Plaintiff Timothy L. Zimmerman, Sr., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE . : NO. 01-6017 CIVIL TERM CERTIFICATE OF SERVICE I, Bryon R. Kaster, hereby certify that I am serving a true and correct copy of the Plaintiff's Affidavit of Consent and Waiver of Notice and the Defendant's Affidavit of Consent and Waiver of Notice on Timothy L. Zimmerman, Sr. at 104 Goodhart Road, Shippensburg, Pennsylvania, 17257, by depositing a copy of the same in the United States mail, this 24th day of May, 2002. Date: Br~n R. Kaster C/6rtified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 Joy K. Zimmerman, Plaintiff Timothy L. Zimmemmn, Sr., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : : NO. 01-6017 CIVIL TERM CERTIFICATE OF SERVICE I, Bryon R. Kaster, hereby certify that I am serving a true and correct copy of the Praecipe to Transmit Record and Divorce Information Sheet on Timothy L. Zimmerman, Sr. at 104 Goodhart Road, Shippensburg, Pennsylvania, 17257, by depositing a copy of the same in the United States mail, this 30~ day of May, 2002. Date: FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 Joy K. Zimmerman, Plaintiff Timothy L. Zimmerman, Sr., Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE . : : NO. 01-6017 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following infomiation, to the court for entry of a divorce decree: 1. Grounds for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on the Defendant by United States mail, certified, restricted delivery, return receipt. Service was complete upon receipt by Timothy L. Zimmerman, November 19, 2001. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff- May 23, 2002; by Defendant - May 3, 2002. 4. Related claims pending: NONE 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: May 24, 2002. Date Defendant's Waiver of Notice was filed with the Prothonotary: May 24, 2002. Date sES r R. Kaster ed Legal Intern M. PLACE Supervising Attorneys Lucy Johnston-Walsh Staff Attomey FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 1701 717-243 -2968 IN THE COURT OF COMMON PLEAS JOY K. ZIMMERMANt Plaintiff VERSUS TIMOTHY L. ZIMMERMAN~ Defendant CF CUMBERLAND COUNTY ST~'rE OF PENNA. 2001 DECree IN DIVORCE AND NOW, ~J'~l~_./_ ~ , Z~_, DECREED That J~/ K. Zimmerman, AND Timothy L, Zimmerman IT IS ORDERED AND , PLAINTIFF, , 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; None BY THE Court: AT~ J. ~ PROTHONOTARY