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HomeMy WebLinkAbout03-3456AMANDA MILLER Plaintiff HAROLD MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. ~/r~ - 3t/~'-(~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Amanda Miller, Plaintiff, to proceed informa pauperis. The Family Law Clinic, attorneys for the party proceeding informapauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 AMANDA MILLER Plaintiff HAROLD MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N DIVORCE NO. IgOr- ~t/5"~ C1VIL 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 judgement 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 child. When the ground for the divome 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, 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 32 South Bedford Street 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. AMANDA MILLER Plaintiff V. HAROLD MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1N D1VORCE NO. CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301 (c) OR SECTION 3301 (dl OF THE DIVORCE CODE The Plaintiff, Amanda Miller, through her attorneys, the Family Law Clinic, makes the following Complaint in Divorce, and in support of avers as follows: 1. The Plaintiff, Amanda Miller, is an adult individual who currently resides at 108 West Main Street, Newburg, Cumberland County, Pennsylvania 17240. 2. The Defendant, Harold Miller, is an adult individual who currently resides at 312 East King Street Chambersburg, Franklin County, PA 17201-1636. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this complaint. 4. The Plaintiff and the Defendant were married on April 12, 1997 in Newville, Cumberland County, Pennsylvania. 5. The parties have lived separate and apart since April 16, 2002. 6. There have been no prior actions for divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. The Plaintiffhas been advised of the availability of connseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. Respectfully submitted, Michael Parker Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorney FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 AMANDA MILLER Plaintiff HAROLD MILLER Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. CIVIL TERM VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. Section 4904, relating to unswom falsification to authorkies. AMANDA MILLER, Plaintiff V. HAROLD MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 03 - 3456 CIVIL TERM Affidavit of Service I, Michael Parker, Certified Legal Imem, verify that the Family Law Clinic served a tree and correct copy of the §3301 (c) and (d) Complaint in Divome on Defendant, Harold Miller, by placing same in the U.S. Mail, certified no.7001 2510 0003 4481 6644, restricted delivery, return receipt requested, postage prepaid on July 22, 2003, addressed as follows: Mr. Harold Miller 312 East King Street Chambersburg, PA 17201-1636. On August 5, 2003, return receipt no.7001 2510 0003 4481 6644 was delivered to the Family Law Clinic, bearing the signature of Harold Miller and showing a date of service of August 4, 2003. The sender's receipt and return receipt are attached hereto and incorporated by reference. Date: ~/'~/ Michael Parker Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 (717) 243-2968 Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. Print your name ~nd address on the reverse so that we can return the card to you. Attach this card to the back of the mallpiece, or on the front if space permits. 2. Article Number (Copy from service label) PS Form 3811, July 1999 ~ I:~ceNed by ~ Print Cleariy) ' C, Signature X~Eem Ir-I Agent [] Addressee 17 []Yes If YES, enter delivery addres~ below: [] No Domesbc Return Receipt 3. Sen/lc Type ~lfled Mail r-I._j.El~ress Mall i-'1 Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) i~Yes ) AMANDA MILLER Plaintiff V. HAROLD MILLER Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 2003-3456 CIVIL TERM AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on July 21, 2003. The marriage ofplaintiffand defendant is irretrievably broken and ninety days have elapsed from the date if filing and service of the Complaint. I consent to the entry of a final decree 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 unswom falsification to authorities. Date:~ AMANDA MILLER Plaintiff HAROLD MILLER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -- LAW IN DIVORCE NO. 2003-3456 CIV1L TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER§ 3301(c) AND § 3301 (d) OF THE 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 ifI do not claim them before the 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 is sent to me immediately after it is filed with the prothonotary. 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. /Amanda Miller, Plaintiff AMANDA MILLER, Plaintiff V. HAROLD MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 2003-3456 CIVIL TERM AFFIDAVIT UNDER SECTION 3301 (d) OF TItE DIVORCE CODE The parties to this action separated on April 16, 2002 and have continued to live separate and apart for a period of at least two years. The marriage is irretrievably broken. 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 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 io authorities. afida Miller, P l'fi'~t4ff' .... AMANDA MILLER, Plaintiff HAROLD MILLER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .- LAW iN DIVORCE NO. 2003-3456 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following inforraation, to the court for entry of a divome decree: 1. Ground for divorce: irretrievable breakdown unde~ § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: August 4, 2003, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. 3. Date of execution and filing of the affidavit required by § 3301(d) of the Divorce Code: executed April 20, 2004 and filed April 30, 2004.. Date of service of the PlaintifFs Affidavit upon the Defendant: June 21, 2004, by U.S. first class mail, postage prepaid. 4. Related claims pending: none. 5. Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: June 21, 2004 by U.S. first class mail, postage prepaid. Abigailcl -~. SaVage ~ Certified Legal Intern ~ I~. PLACE ROBERT E. RAiNS ANNE IvIACDONALD-FOX LUCY 10HNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC Date: July 15, 2004 45 NortTh Pitt Street Carlisle, PA 17013 717/243-2968 AMANDA MILLER, Plaintiff HAROLD MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 2003-3456 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: HAROLD Mil J,ER, DEFENDANT 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 July 14, 2004, 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 art 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 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. AMANDA MILLER, Plaintiff V. HAROLD MILLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .- LAW IN DIVORCE NO. 2003-3456 CIVIL TERM () () () () DEFENDANT'S COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (h) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (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. () Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (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 1:o file any economic claims. I verify that the statements made in this 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. Date: Defendant INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE: OF ¢ .~~~ ~ PENNA. Mi, ller Plaintiff VERSUS Defendant N o. 2003-3456 DECREE lin DIVORCE AND NOW, ~1~~1 DECREED THAT Am.~'n~].~ Mi pr ~ g: °~'~I' ~O~lt ,s ORDERED AND , PLAINTIFF, AND Harold Miller ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATR]MONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR YVHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; //'VI/ PROTHONOTARY