HomeMy WebLinkAbout03-3181IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff :
:No.
Defendant
: IN DIVORCE
Civil Term
NOTICE TO DEFEND AND CLAIM RIGHTS
YOUHAVE 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 i£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, DIVISION 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
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(71 ?) ¢~9:3166
Ee hah demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la feeha de la
demanda y la notification. 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 corte tomara medidas y puede entrar una
orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en
la peticion do demanda. USTED PUEDE PER_DER DINERO O PROPIENDADES O OTROS
DERECHOS 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 CONSEGLrlR 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 heating 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
: 1N THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 20(8. 3lift
: CIVIL ACTION - LAW
:
: IN DIVORCE
COMPLAINT UNDER ~3301(c) or (d) OF THE DIVORCE CODE
1. Plaintiffis %~o, ce& xc. ~o.~¥,~xc/ , who currently resides at
Cumberland County, Pennsylvania.
2. Defendant is ¥ x_oNX. (r' ~-~X~,~ , who currently resides at
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least the six months prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on /x~-,-~ ~(g~ ~c~c~c~ at
5. The marriage is irretrievably broken, and the parties separated on
6. There have been no prior actions of divorce or annulment between the parities.
7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the
military service of the United States of America, but is in fact living at the address
given in Paragraph 2 above.
8. Plaintiff has been advised of the availability of counseling and that Plaint/ff may have
the right to request that the Court require the parties participate in counseling.
WHEREFORE, Plaintiffrequests the Court to enter a Decree of Divorce.
Date Plaintiff, Pro Se
I, $~ c~r~. [ It-. ~, t¥~ ~ ~ , verify that the statements made in this Complaint
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 Pa. C.S. §4904.
Date Plaintiff
Assisted by:
MIDPENN LEGAL SERVICES
PRO SE DIVORCE CLINIC
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
'bo_Ct', ~Plainfiff
vi.
Defendant :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO. 2003- 5t
:
: 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 ~,~\q (~'~ 71oo \ 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 rights concerning alimony, division of marital property,
lawyer's fees, or expenses ifI do not claim them before a Divorce is granted.
I, c,~, ~xca, a, g-, x,'%c,~o~'~ ~,~ , verify that the statements made in this Affidavit are
true and correct to the best otmy 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 P.S. Section 4904.
Date
Plaintiff, Prb' Se
~. D o~&', ~P~aintiff
vii.
\
Defendant :
1N THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2oo3- ;5 t I
;
CIVIL ACTION - LAW
IN DIVORCE
PETITION TO PROCEED IN FOR-MA PAUPERIS
The Petitioner, c-,-x ~c ~k lc. ~),~ \', n,f , 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.
RespecffullYSb~
Pro Se Divorce Clinic
8 Irvine Row
Carlisle, PA 17013
Plaintiff
VS.
Defendants
IN THE COURT OF COIvlMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. CIVIL TERM
:
..
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the ~\cCmq',~':, 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
(a) Name:
Address:
(b) Social Security Number:
If you are presently employed, state
Employer:
Address:
Salary or wages per month: X
Type of work: xox~ c~x~c,-:~o~
If you are presently unemployed, state
Date of last employment:
Salary or wages per month: ~,tq~'
Type of work: ~ o\X ~.oxx e
(e) Other income within the past twelve months
Business or profession:
Other self-employment: tO
Interest: ~ / ~
Dividends: N [~
Pension and annuities: tO / A
Social Security benefits: N
Support payments: ~J / a
Disability payments: to/b,
(d)
Unemployment compensation and
supplemental benefits:
Workman' s compensation:
Public Assistance: ~4
Other: ~ / ~,
Other conh-ibutions to household support
COVife)(Ilusband) Name: to
If your (husband) (wife) is employed, state
Employer: ~/~
Salary or wages per month: tO//%
Type of work: ~J IA
Contributions from children: tO [
(e) Property owned
Cash: ~ I tx
Checking Account: ~ ~'~ ,eD
Savings Account: N(px
Certificates of Deposit: ~0 //~
Real Estate (including home):
Motor vehicle: Make. ~ ~,~*-,1 Year
Cost
Stocks; bonds: ~
Other: ~o/^
(f) Debts and obligations
Mortgage: ~/[&
Rent: ~o~
Loans:
Monthly Expenses:
Amount owed
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: ~.~ ~.~,& ~ ~. ~.x. ,,~ ~
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.
Stacey K. Darling,
Plaintiff
VS.
Floyd G. Darling,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 03- 3181 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF SERVICE BY MAIl,
I, Shaleeta Washington, do hereby swear that I served Floyd G. Darling with a 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 8th day of July 2003, by certified mail, return receipt, restricted delivery, to
the person and address below:
Floyd G. Darling
252 McAllister Church Road
Carlisle, PA 17013
I, Shaleeta Washington, 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:
Signature:
· Complete items 1, 2, and3. A[so complete
item 4 if Restricted Delivery is desired.
· Pdnt 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.
1. Article Addressed to:
8. Received ~y ( Printed Name)
D. Is delivery address different from item 12
If YES, enter delivery address below:
[] Agent
[] Addressee
[] No
3. Service Type
[~-Certified Mall [],~xpress Mail : i
[] Registered [~Return Receipt
[] Insured Mail [] C.O,D, '~ ' '
4. Restricted Delivery? (Extra Fee~- ~Yes I
2 q l O 0oo-:1-
Domestic Return Receipt 102595-02-M-10351
PS Form 3811, August 2001
/,~6 ~\ I II I~"~'"-~--, ~T'F~&FeesPai~d]
r' P ease r fi[ our me address ~~~o~1
MidPenn ~gal Services
8 Irvine Row
~rlisle, PA 17~3
02 I,,,111,,,111 ...... Ih,ll,,,Ihlh,,,,,llh h,ll,,,h,hh,,ll
Stacey K. Darling,
Plaintiff
VS.
Floyd G. Darling,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
NO. 03- 3181 CML TERM
: IN DWORCE
ACCEPTANCE AND ACKNOWLEDGMENT OF SERVICE
I, Floyd G. Darling, Defendant in the above captioned proceeding accept and
acknowledge service of the Divorce Complaint and Affidavit under §3301 (d) of the Divorce
Code filed in this action by the Plaintiff, Stacey K. Darling. I also waive any defects in any form
or manner of service.
Date:'~ L
Floyd,t~arling, Defendant
Stacey K. Darling,
Plaintiff
VS.
Floyd G. Darling,
Defendant
IN THE COURT OF COMlVlON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No,,;03- 3181 Cr~L TERM
: IN DIVORCE
NOTICE OF INTENTION TO RE UEST ENTRY OF 3301 d DIVORCE DECREE
TO: Floyd G. Darling
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 August 20, 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 form counter-affidavit 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
TELEPOHNE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166 OR 1-800-990-9108
Staeey K. Darling, :
Plaintiff :
VS.
.
:
Floyd G. Darling, :
Defendant :
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03- 3181 CIVIL TERM
IN DIVORCE
.COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE
1. Check either (a) or (b)
[~ (a) I do not oppose the entry of a divorce decree.
[] (b) I oppose the entry of a divorce decree because (check all that apply):
[] (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 fights concerning alimony, division &property, lawyer's fees
And 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.
I understand that in addition to checking (b) above, I must also file all of my economic claims with
the Prothonotary in writing and serve them on the other party. IfI fail to do so before the date set
forth on the Notice of Intention to Request Divorce Decree, the Divorce decree may be entered
without further notice to me, and I shall be unable thereafter to file any economic claims.
I verify that the statements made in the counter-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.
Fl Defendant
NOTICE: IF YOU DO NOT WISIt TO OPPOSE TItE ENTRY OF
A DIVORCE DECREE AND YOU DO NOT WlSlt TO
MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU
SHOULD NOT FILE TItIS COUNTER-AFFIDAVIT.
STACEY K. DARLING,
Plaintiff
FLOYD G. DARLING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 03-3181 CIVIL TERM
ORDER OF COURT
AND NOW, this 23rd day of September, 2003, upon consideration of Plaintiff's
praecipe to transmit record, and Plaintiff's affidavit under Section 3301(d) of the Divorce
Code having apparently been executed prematurely, a divorce decree will not be entered
at this time, without prejudice to the parties' rights to correct this deficiency (and
resultant procedural deficiencies) and file a new praecipe to transmit record.
~ Carey, Esq.
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
Attorney for Plaintiff
:rc
BY THE COURT,
/~esley Ole?¢4t'., j.
Stacey K. Darling,
Plaintiff
VS.
Floyd G. Darling,
Defendant
If you wish to d~
counter affidavit within
will be admitted.
1. The parties to
live separate an~
2. The marriage is
3. I understand th~
lawyer's fees, c
true and correct to
statements made hz
provided in 18 P.S
IN Tim COURT OF COM~ON PLEAS OF
CUMBERLAND COUNT~ PENNSYLVANIA
NO. 03- 3181 CIVILTERM
IN DIVORCE
NOTICE TO DEFENDANT
REVISED
ny any of the statements set forth in this affidavit, you must file a
twenty days after this affidavit has been served on you or the statements
PLAINTIFF'S AFFIDAVIT UNDER
§3301 (d) OF THE DIVORCE CODE
is action separated on ~)k~ {a~
apart for a period of two years.
and continued to
rretrievably broken.
t I may lose rights concerning alimony, division of marital property,
r expenses ifI do not claim them before a Divorce is granted.
~,~ ~.x. , verify that the statements made in this Affidavit are
he best of~y knowledge, information, ~rad belief. I understand that false
rein are subject to the penalties for unsworn falsification to authorities as
;ection 4904.
Date Stagey K. E~arling, Plaintiff,I/Pro Se
Stacey K. Darling,
Plaintiff
VS.
Floyd G. Darling,
Defendant
IN THE COURT OF COIVEVION PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03- 3181 C, IVIL 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: Complaint was sent by certified mail,
restricted delivery, return receipt requested on July 8, 2003. The defendant received the
complaint and signed the return receipt acknowledging he had received the complaint on July 9,
2003. Defendant also signed an Acceptance and Acknowledgment of Service form on July 15,
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 of the Plaintiff's Affidavit required by Section 3301 (d)
of the Divorce Code: June 10, 2003.
(2) Date of filing and service of Plaintiff's Affidavit upon Defendant:
Filing Date: July 7, 2003
Date of Service: July 9, 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
July 30, 2003 to Defendant at 252 McAllister Church Road, Carlisle, PA 17013.
(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: 190-52-2497
Defendant's Social Security Number: 163-60-3282.
(.J/o an Carey ~f
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Stacey K. Darling,
Plaintiff
VS.
Floyd G. Darling,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUM~EP, LAND COUNTY PENNSYLVANL~
NO. 03-3181 CtVILTERM
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE
TO: Floyd G. Darling
You have been sued in an action for divome. You haw'. failed to answer the complaint or
file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after August 20, 2003, the
other party can request the court to enter a final decree in divoree.
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 akeady 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 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
TELEPOHNE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
CUMBERLAND COUNTY LAWYER REFERRAL SERVICE
32 SOUTH BEDFORD STRE, ET
CARLISLE, PA 17013
(717) 249-3166 OR 1-800-990-9108
IN THE COURT Of COMMON PLEAS
STACEY K. DARLING
PLAINTIFF
VERSUS
FLOYD G. DARLING
DEFENDANT
OF CUMBERLAND COUNTY
STATE Of PENNA.
NO. 03-3181
CIVIL
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
STACEY K. DARLING
AND
FLOYD G. DARLING
, /..OD.E>, 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;
ALL CLAIMS HAVE BEEN RESOLVED.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Vs
Defendant
File No.. 0 ~
IN DIVORC~ --
N~OTICE TO RESUME PRIOR SURNAM
Notice is hereby given that the Plaintiff/defendant in the
[select one l~y marking "x"] above matter,
__ prior to the entry ora Final Decree in Divorce,
or ._~ after the entry of a Final Decree in Divorce dated
hereby elects to resume the prior surname of___~ ~, e~ ~
· -- ~ ~ and gives this
written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704.
Date:lg'/~'/~-~h - _ ~m.,o% 1~-~
Signature
fname being resumed
On the e~9_ day of_~_oj. ~ ,200~O~4 before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
NOTARIAL SEAL
JODY S. SMITH NOTARY PUBLIC
Carlisle Boro, Cumberland County
[My Commission Expires ApriJ 4, 2005~
Nr~tary PLbhc '