HomeMy WebLinkAbout03-3076IN THE'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
Defendant
: No.
..
: IN DIVORCE
Civil Term
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HA VE 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 ease 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 the
Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, 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 HAVE A LAWDFER 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) ~4~9:3166
Ee han demandado a usted a la torte. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por
abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra suya.
Se has avisado que si usted no se defienda, la torte tomara medidas y puede entrar una
orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en
la peficion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI US'lED NO
TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR
DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL.
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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
Plaintiff
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003
: CIVIL ACTION - LAW
:
: IN DIVORCE
COMPLAINT UNDER ~3301(c) or (d) OF THE DIVORCE CODE
1. Plaintiff is ~. ~//~ t/. /z~rv , who currently resides at
Cumberland Count, Pe~sylv~ia.
2. Defendant is
3. Plaintiff has been a bonafide resident of the Co~onwealth of Pe~sylvania for at
least the six monks prior to the filing of this Complaint.
4. Plaintiff ~d Defendant were ma~ed on ~F). ~ /~7 at
5. The ma~a~ is i~e~ewbly broken, ~d ~e p~ies separated on
6. Them have been no prior ac~ons ofdivome o~ a~ulme~t be~een the pafi~es.
7. Plaintiff, m ~e best ofhis~e~ ~owled~e and belief, avers that defendant is not in the
milita~ semite of ~he United States of America, but is in fact livin~ at the address
who currently resides at
given in Paragraph 2 above.
Date
8. Plaintiffhas been advised of the availability of counseling and that Plaintiff may have
the right to request that the Court require the parties participate in counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
~aintiff, Pro~
I, ,. ~7~Lr//'~ t/. ,~TYZ~n/ , verify that fide statements made in this Complaint
are tree and correct to the best of my knowledge, information, and belief. I understand that false
statements made herein are subject to the penalties for unswom falsification to authorities as
provided in 18 Pa. C.S. §4904.
Date
Assisted by:
MIDPENN LEGAL SERVICES
PRO SE DIVORCE CLINIC
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
Plaintiff
vii.
Defendant :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
:NO. 200 - c;,;t
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION TO PROCEED IN FORMA PAUPERIS
The Petitioner, , ~/~)d/ff ~/ /~77~,'1/ , is the Plaintiff in this action. On
her behalf, I, Joan Carey, attorney for MidPenn Legal Services, do hereby certify that the
Petitioner is indigent according to the poverty guidelines of MidPenn Legal Services. MidPenn
Legal Services is assisting the Petitioner in filing a divorce casepro se. The Petitioner's
Financial Affidavit showing inability to pay the costs of litigation is attached hereto. Petitioner
requests leave to proceed without payment of fees or costs.
Respectfully subrt:~tted:
//C~~y, Atto~~
MidPerm Legal Services
Pro Se Divorce Clinic
8 Irvine Row
Carlisle, PA 17013
Plaintiff
VS,
Defendants
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
FOR .EAW TO PROCEm rs PAU EmS
1. I am the/7/q/~F~f,~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:,.~J--~g/~ L-~forV
Address: //~. ~oor//ar~d .SI-.. /lYe. cb,er~,'cJJDct*"~. ~ f/J /'2ff 5~r
(b) Social Security Number: /97-d/~- ~q--~zaZ
If you are presently employed, state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment:. /~,~ - / Q - ~9~
Salary or wages per month: /,~.~ d ~
Type of work: f~d
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest: ~
Dividends:
Pension and annuities:
Social Security benefits: z?/~
Support payments: ~_~c//.
Disability payments:
Unemployment compensation and
supplemental benefits: ~2~
Workman's compensalion:
Public Assistance:
Other:
(d) Other contributions to household support
(Wife)(Husband) Name: ~/~
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children: ,'7/~
(e)
Property owned
Cash: a2 ~ ~
Checking Account: ~e),~ ----
Savings Account:
Certificates of Deposit:
Real Estate (including home):
Motor vehicle: Make
Stocks; bonds:
Year /~q~
Cost ~'~'~Amount owed
Other:
(f) Debts and obligations
Mortgage:
Rent: ._~o~
Monthly Expenses:
(g) Persons dependent upon you for support
(Wife) (I-Iusband) Name: /2//]
Children, if any:
Age:
4. I understand that I have a continuing obfigation to inform the court of improvement in my
financial circumstances which would permit me to pay the costs incurred here'm.
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.
Plaintiff
Defendant :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 2003-
:
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFENDANT
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.
PLAINTIFF'S AFFIDAVIT UNDER
§3301 (d) OF THE DIVORCE CODE
1. The parties to this action separated on ,~9'~/~//-o~OdtY and continued to
live separate and apart for a period of two years.
2. The marriage is irretrievably broken.
3. I understand that I may lose fights concerning alimony, division of marital property,
lawyer's fees, or expenses ifI do not claim them before a Divorce is granted.
I,.~ '~FJ/'r L- d2t~ , verify that the statements made in this Affidavit are
true and correct to the best of my knowledge, information, and belief. I understand that false
statements made herein are subject to the penalties for unsworn falsification to authorities as
provided in 18 P.S. Section 4904.
Z-/fi'Date t~.~ ~laint~rj' ~'~
Jodie L. Aton,
Plaintiff
VS.
Martin R. Aton, Sr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
No. 03-3076
CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE BY MAII.
I, JodieL. Aton, do hereby swear that l served ,/~,~e-~rr ~. ,,~7/~,q ~',~, witha
Complaint and Affidavit under Section 3301 (c) or (d) of the Divorce Code pursuant to
Pa.R.C.P. 1920.42(a)(2) on the /,a"~ day of ,~'~/y . ,2003, by certified mail,
return receipt, restricted delivery, to the person and address below:
I, Jodie L. Aton, verify that the statements made in this Affidavit of Service are true and
correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
Date:
Certified Fee
· Complete items 1, 2, and 3. AJso 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.
[] Agent
[] Addressee
i D. Is delivery addre~ different f~om item 1 ? I-I Yes rf YES, enter delivery address below: [] No
3. Se e Type
~Cer~ified Mail ~j~xpress Mail
[] Registered b~ Return Receipt for Mercl~andise
[] Insured Mai~ [] C.O.D.
4. Restricted Delivery? (Extra Fee) ~Yes
2. Article Number
(Transferfromservice/abel) 7002 2410 0007 8508 4664
PS Form 3811, August 2001 Domestic Return Receipt .......... 102595-02-M-1035
UNITED STATES POSTAL SERVICE
First-Class Mail
Postage & Fees Paid
USPS
Permit No. G-lO
· Sender: Please print your name, address, and ZIP+4 in this box °
MidPenn L.egal Services
8 Irvine Row
Carlisle, PA 17013
Jodie L. Aton,
Plaintiff
VS.
Martin R. Aton, Sr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03- 3076 CIVIL TERM
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF ,{;3301(d) DIVORCE DECREE
To: Martin R. Aton, Sr.
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after September 16, 2003 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 a counter-affidavit by the above date, the court can enter a final decree in
divorce. A counter-affidavit, which you may file with 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 counter-affidavit form alone 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 OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFEIU?,AL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166 OR 1-800-990-9108
Jodie L. Aton,
Plaintiff
VS.
Martin R. Aton, Sr.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUI, ITY PENNSYLVANIA
No. 03- 3076 C~VIL TERM
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 Section 3301(d) of the
Divorce Code.
Date and Manner of service of the Complaint: Plaintiff ~a~ailed a copy of the Complaint
to the defendant by certified mail, restricted delivery, return receipt on July 15, 2003. The
defendant signed the return receipt acknowledging that he had received the Complaint on July
19, 2003.
2. Complete either paragraph (a) or (b).
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of
the Divorce Code: by Plaintiff, N/A; by Defendant, N/A.
(b)(1) Date of execution 9f the Plaintifl?s Affidavit required by Section 330 l(d)
of the Divorce Code: June 10, 2003.
(2) Date of filing and service of Plaintiff's Affidavit upon Defendant:
Filing Date: June 30, 2003
Date of Service: July 19, 2003.
3. Related claims pending: There are no outstanding claims.
4. Complete either paragraph (a) or (b).
(a) Date and manner of service of the notice of intention to file Praecipe to
Transmit Record, a copy of which is attached: Mailed by regular first class mail on
August 26, 2003 to Defendant at 724 Carmen Drive, Lake Helen, FL 32744.
(b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with
the Prothonotary: N/A.
(c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: N/A.
Plaintiff's Social Security Number: 187-48-5682
Defendant's Social Security Number: 594-07-0758
Attorney fi)r Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
IN THE COURT OF COMMON PLEAS
JODIE L. ATON
PLAINTIFF
VERSUS
MARTIN R. ATON, SR.
DEFENDANT
OF CUMBERLAND COUNTY
STATE Of .~. PENNA.
N O. 03-3076
CIVIL
DECREE IN
DIVORCE
AND NOW,
-~~ ~ ~ , Z~d.~ , It IS ORDERED AND
/
DECREED THAT
JODIE L. ATON
, PLAINTIFF,
AND MARTIN R. ATON, SR.
,DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACT]ON FOR WHICH A FINAL ORDEr HAS NOT
YET BEEN ENTERED;
ALL CLAIMS HAVE BEEN RESOLVED.
A~~"~'I~ P R OTHONOTA Ri'
Wayne Chronister,
Plaintiff
VS.
Susan Chronister,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03- 3075 CML TERM
: IN DIVORCE
WAIVER OF NOTICE OF iNTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce without notice.
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 understand that I will not be divomed until a divome 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 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:
Signature: ¢Oo,,~ ~
Wayne ~2hronister, Plaintiff
Wayne Chronister,
Plaintiff
VS.
Susan Chronister,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 03- 3075 CML TERM
: IN DIVORCE
o
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE
I consent to the entry of a final decree of divorce wilthout notice.
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 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 intmediately after it is filed with the
Prothonotary.
I verify that 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:
Signature:
Susan Chronister, Defendant
Wayne Chronister,
Plaintiff
VS.
Susan Chronister,
Defendant
IN TI~ COURT or COMMON PLEAS OF
CUMBERLAND COUbrFY PENNSYLVANIA
NO. 03- 3075 Crv~L TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on June 30,
2003.
2. The marriage of plaintiff and defendant is irretrievahly broken, and ninety 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 divorce.
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. Section 4904
relating to unsworn falsification to authorities.
Date:
Signature: .~=oox~ (~,.~.~-~a.4x~t..~
Susan Chronister, Defendant
Wayne Chronister,
IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUbFfY PENNSYLVANIA
VS.
Susan Chronister,
No. 03- 3075
CIVIL TERM
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on June 30,
2003.
2. The marriage of plaintiff and defendant is irretrievably broken, and ninety 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 divorce.
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. Section 4904
relating to unsworn falsification to authorities.
Date: ,/O~oq~/-og Signature: CO~t-,~4' c~
Wayne Chronister, Plaintiff
Wayne Chronister,
Plaintiff
VS.
Susan Chronister,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 03- 3075 CML TERM
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 Section 3301(c) of the
Divorce Code.
2. Date and Manner of service of the Complaint: ..Plaintiff personally handed the
defendant a copy of the Divorce Complaint on July 9, 2003. Defendant signed
Acceptance of Service form on July 9, 2003.
3. Complete either paragraph (a) or (b).
(a) Date of execution ofthe Affidavit of Consent requircd by Section 3301(c) of
the Divorce Code: by Plaintiff, October 24, 2003; by Defendant, October 2_r.~_4 2003.
(b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301 (d)
of the Divorce Code: N/A
(2) Date of filing and service of Plaintiff's Affidavit upon Defendant: N/A
4. Related claims pending: .There are no outstanding claims.
5. Complete either paragraph (a) or (b).
(a) Date and manner of service of the notice of intention to file Praecipe to
Transmit Record, a copy of which is attached: N/A.
(b) Date PlaintiWs Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: November 4, 2003.
(c) Date Defendant's Waiver of Notice in Section 330 l(c) Divorce was filed
with the Prothonotary: November 4, 2003.
Plaintiff's Social Security Number: 173-52-4544
Defendant's Social Security Number: 187-44-9140
~/Joan Carey //
Attorney for Plaintit'f
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400