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HomeMy WebLinkAbout03-3078IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff : Civil Term NOTICE TO DEFEND AND CLAIM RIGHTS -; -' ~ (-2 YOUHA VE BEENSUED IN COURT· If you wish to defend against the claims set xorm in the following pages, you must take prompt action. You are warned that i£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 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 LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) ,2.4973166 HELP. cD :~ [:'5 Ee han demandado a usted a la cone. 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 notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la cone en forrna escrita sus defensas o sus objeciones a las demandas en contra suya. Se has avisado que si usted no se defienda, la cone 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 peticion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS DEKECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO 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 arrangemems 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 - ,~s~7 ~' : CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT UNDER 83301 (c) or (d) OF THE DIVORCE CODE 1. Plaintiff is ¢~c1~(~/~ ~7. ~.~.'1.~r. who currently resides at Cumberland Co,W, Pe~sylvma. 2. Defendant is ~~.,X '~P'~%e¢ who c~ently resides at 3. ~l~nfiff h~s bo~ ~ bona ~de ro~id~nt of ~o Co~onw~al~ of Pe~sylvanJa for ~t leas~ the six months prior to ~o filing of~is ComplainS. 4. Plaintiff ~d Defend=t were m~ed on ~ ?~ ~0 at 5. ~e manage is i~e~vably broken, ~d ~e p~es sep~ated on 6. There have been no prior actions of divorce or ~ulment be~een ~e pmties. 7. Plaintiff, to ~e best of hisSer ~oMedge ~d belief, avers ~at defendant is not in the ~lita~ se~ice of the U~ted States of~efica, but is in fict living at the ad&ess 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. I, I (~ ~ ~t~ ,~verify that the 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. Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC 8 lrvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Plaintiff vii. Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2003 - 3o-~? ~,7,[ : CIVIL ACTION - LAW : IN DIVORCE PETITION TO PROCEED IN FORMA PAUPERIS The Petitioner, ~[~l~e.' ~Z ¢~'k~x~'' , is the Plainfiff 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. Resp. ectfully submij&e d: Pro Se Divorce Clinic 8 Irvine Row Carlisle, PA 17013 Plaintiff VS. Defendants : IN THE COURT OF COlVIIVlON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. CIVIL TERIVi . : AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. Iam th¢~.'~[~ 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 hfigafion. 3. I represent that the information below relating to my ability to pay the fees and costs is true and (b) Social Security Number: If you are presently employed, state Employer: ~x~l~ Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: Salary or wa~es per month: ~,~ (c) Other income within the past twelve months or pro£ession:~ ~ Business Other self-employment: Dividends: ~ Pension and annuities: Social Security benefits: Support payments: ~ / ~ Unemployment compensation and supplemental benefits: Workman' s compensation: (d) Other contributions to h~support If yom(wife) is employed, state salt o~ wa~es p~r month:~S. Contributions from children: (e) Property owned Savings Account: ~ I~ Certificates of Deposit: Reml Estate (including home): Motor vehicle: Make ~ cost 0 Stocks; Bonds: 0 Other: 0 (~) DeBts and obligations Mortgage: 0 Monthly Expenses:g~J~) Year Amount owed (g) Persons dependent upon you for support (Wife) (Husband) Name: ~,3~ Children, if any: 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 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 unswom falsification to authorities. Madylene J. Weiser, Plaintiff VS. Adam J. Weiser, Defendant IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY PENNSYLVANIA No. 03- 3078 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE I /q~.~ ~1, I.,'~l,~'/~ , accepted service of a true and correct copy of the Complaint in Divorce under section 3301 (c) of the Divorce Code on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Dat Adam J. Weiser, Defendant _ i.-S rn Madylene J. Weiser, Plaintiff VS. Adam J. Weiser, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03- 3078 CIVIL TERM IN D1VORCE AFFIDAVIT OF SERVICE FOR PERSONAL SERVICE ~x_~ /'~` ~.~ ~ with a Divorce Complaint under Section 3301(c)of the Divorce Code by personally handing him/her a copy at (City) at ~ 2-1L~C) (Time) 'l~Street Number and Address) (State) (Zip) .m. onthe G~ dayof ~'~U\~ (Date) (Month) .), ,200 (Year) I, ~0~[]/t~ ~'~"- [J,~iJ~/ , verify that the statements made in this (N'athe of ~erson who performed service) Affidavit of Service is 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. Madylene J. Weiser, Plaintiff VS. Adam J. Weiser, Defendant IN THE COURT OF COlvIMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03- 3078 CWIL TERM IN DIVORCE 1. A complain 2003. 2. The marfia~ elapsed fi'o~ 3. I consent to intention to I verify that the false statements relating to uns~ AFFIDAVIT OF CONSENT : in divorce under §3301(c) of the Divorce Code was filed on June 30, e of plaintiff and defendant is irretrievably broken, and ninety days have a the date of filing and service of the Complaint. the entry of a final decree of divorce after service of notice of request entry of divorce. statements made in this affidavit are true and correct. I understand that herein are made subject to ~he penalties of 18 Pa.C.S. Section 4904 om falsification to authox/tilbs. . ] ' ' Ma Madylene J. Weiser, Plaintiff VS. Adam J. Weiser, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03- 3078 CIVIL TERM IN DIVORCE 1. A complair 2003. 2. The marrial elapsed fi'o~ 3. I consent to intention t I verify that tl~ false statement~ relating to unsv Date:/0//~ ~-/ AFFIDAVIT OF CONSENT in divorce under §3301(c) of the Divorce Code was filed on June 30, e of plaintiff and defendant is irretrievably broken, and ninety days have a the date of filing and service of the Complaint. the entry of a final decree of divorce after service of notice of request entry of divome. statements made in this affidavit are true: and correct. I understand that herein are made subject to the penalties of/18 Pa.C.S. Section 4904 ;om falsification to authoriti~r Signature: A~lfim J. Weiser, Defendant Madylene J. Weiser, Plaintiff VS. Adam J. Weiser, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 03- 3078 C,~VlL TERM IN DIVORCE WAIV] DIV I consent tc I understan~ fees or exp~ I understan~ and that a c Prothonotm I verify tha false staten~ to unswom Date: ~R OF NOTICE OF INTENTION TO REQUEST ENTRY OF A )RCE DECREE UNDER §3301(c) OF THE DWORCE CODE the entry of a final decree of divorce without notice. I that I may lose fights concerning alimony, division of property, lawyer's nses ifI do not claim them before a divorce is granted. I that I will not be divorced until a divorce decree is entered by the Court opy of the decree will be sent to me immediately after it is filed with the y. statements made in this affidavit are tree and correct. I understand that ents herein are made subject to the penalties of 18 Pa.C.S. §4904 relating ~'alsification to authorities, r,~fi l!1~' Maff' ene A Weise inti Madylene J. Weiser, Plaintiff VS. Adam J. Weiser, Defendant IN THE COURT OF COMIviON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03- 3078 CIVIL TERM IN DIVORCE WAIV] DIV I consent t~ I understan fees or exp( I understan. and that a c Prothonotm I verify tha false statem to unswom Date: Jt~/ ~,R OF NOTICE OF INTENTION TO REQUEST ENTRY OF A )RCE DECREE UNDER §3301(c) OF 7'HE DWORCE CODE the entry of a final decree of divorce without notice. that I may lose rights conceming alimony, division of property, lawyer's nses if I do not claim them before a divorce is granted. that I will not be divorced until a divorce decree is entered by the Court opy of the decree will be sent to me imraediately after it is filed with the ~,. statements made in this affidavit are tree and correct. I understand that :nts herein are made subject to the penalties of 18 Pa.C.S. §4904 relating Falsification to authorities. /~ i // Signature: Adam J. Weiser, Defendant Madylene J. Weiser, Plaintiff VS. Adam J. Weiser, Defendant To The Prothonotary: Transmit the r entry of a divorce dec 1. Ground fo Divorce Code. 2. Date and of Service form on J~ 3. Complete (a) Date ofe the Divorce Code: b'. (b)(1) Date of the Divorce Code (2) Date * 4. Related c] 5. Complete IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 03- 3078 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD ~cord, together with the following information, to the Court for :ee: divorce: Irretrievable breakdown under Section 3301(c) of the 4armer of service of the Complaint: Defi~ndant signed Acceptance 3, 2003. [ther paragraph (a) or (b). cecution of the Affidavit of Consent required by Section 3301 (c) of , Plaintiff, October 12, 2003; by Defendant, October 12, 2003. f execution of the Plaintiff' s Affidavit required by Section 3301 (d) N/A frilling and service of Plaintiff's Affidavit upon Defendant: N/A aims pending: There are no outstanding claims. either paragraph (a) or (b). (a) Date and: Transmit Record, a cc (b) Date Plai~ the Prothonotary: Ocl (c) Date Dele with the Prothonotary: Plaintiff's Social Secu Defendant's Social Se nanner of service of the notice of intention to file Praecipe to DY of which is attached: N/A. Iiff's Waiver of Notice in Section 3301(c) Divorce was filed with ~ber 16, 2003. adant's Waiver of Notice in Section 3301(c) Divorce was filed October 16, 2003. :ity Number: 513-86-0187 :urity Number: 179-68-0704 Attorney mr Plainfirx MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 IN TH COURT OF COMMON PLEAS MADYLENE J. PLAI !IFF STATE OF SER VERSUS ADAM J. WEISE~ DEFENDANT OF CUMBERLAND COUNTY PEN NA. NO. 03-3078 CIVIL DECREE IN · DIVORCE ~ AND NOWl~ '~'~__ '~I~0~1~ ., IT IS ORDERED AND DECREED THAT AND ADAM ARE DIVORCED ThECOUrT BEEN RAISED YET BEEN ENTEl ALL CLA] MADYLENE J. WEISER , PLAINTIFF, WEISER , DEFENDANT, ROM THE BONDS OF MATRIMONY. ETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVf RECOrd IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT ~ED; MS HAVE BEEN RESOLVED. p ROTH O~N ~OTA ~'