HomeMy WebLinkAbout03-5091IN THE'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff :
: NO. - s'O?I
ttox e : InDIvorcE
Defendant :
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 case may proceed without you and a decree
of divome or annulment may be entered against you by the Court. A judgrnent 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 TIlE 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
(717) ¢~9:3.166
Ee hah 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 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 notificacion y por cualquier queja o aiivio que es pedido en
la peticion do demanda. USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A LIN 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 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. 200~
: CIVIL ACTION - LAW
:
: IN DIVORCE
COMPLAINT UNDER ~3301(c) or (d) OF THE DIVORCE CODE
1. Plaintiffis ~ l~,e'~o,~c~t~ , who currently resides at
Cumberland County, Pennsylvania.
2. Defendant is ~r~r'xq ~ (~,~_O, ark(~9~ 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. Pl, aintiff and Defendant were married on -~-[~ ~ [(~.qt~ 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 Plaintiff may have
the fight to request that the Court require the parties participate in counseling.
WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce.
Date
Plai~ff, Pro S~
I, ~C-xl~G,.3tx ~ (~-,~,4xOe , 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 unsworn falsification to authorities as
provided in 18 Pa. C.S. §4904.
Date
Assisted by:
MIDPENN LEGAL SERVICES
PRO SE DIVORCE CLINIC
8 h-vine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
Plaintiff
Defendant :
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2003 -
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION TO PROCEED IN FORMA PAUPERIS
The Petitioner, k_C_~f't%~\f,NJ~.l~-~kltoo,.iNq ~_ , is the Plaintiff in this action. On
her behalf, I, Joan Carey, attomeyTdr 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.
MidPerm Legal Services
Pro Se Divorce Clinic
8 Irvine Row
Carlisle, PA 17013
Plaintiff
VS.
IN THE COURT OF COlVl/vION PLEAS OF
Defendants
: CIJlVlBERLAND COUNTY, PENNSYLVANIA
:
: NO. CIVIL TERM
:
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the P~.',~tl~ 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, includ'mg 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)
Address: q~.q
60) Social Security Number: I~P ~ 5'b' c4 ~ I O
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: /~t~ I~¥ ZC. YO3
Salary or wages per month: 1~ ~t~ .oo ~-~
(¢) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social Security benefits:
Support payments:
Disability payments:
Unemployment compensation and
supplemental benefits:
Workman's compensation:
Other:
(d) Othe~ contributions to household support
(Wife)(Hnsb~d) I,T~me:
If your ~sb~md) (wife) is employS, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
(e) Property owned
Cash: ~
Checking Account: ... ~-", cro
Savings Account: ,qS-. ox>
Certificates of Deposit:
Real Estate (including home):
Motor vehicle: MakeCl~-~
Cost ~ Amount owed
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage:
Rent: 3t.xo. o~
Loans: l~,voO
Monthly Expenses: q~.o~
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
lO
~4¥rs
Age: lO, ~
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.
Date:
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'A
Carolyn A. Ballance,
Plaintff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03-5091 CIVIL TERM
Tony R. Ballance,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September
24, 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 ora 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 t_o uns_wom falsification to authori¢
Date: ] ]~, Ok/ Signature: ( t,3~~~t~o~
· C~folyn A. l~allance, Plaintiff
Carolyn A. Ballance,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03-5091 CIVIL TERM
Tony R. Ballance,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under §3301(c) of the Divorce Code was filed on September
24, 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: //lT/a,r~ Signature: ~'~~d~
' Te6~t:::::~efil 1 anc e, Defendant
Carolyn A. Ballance,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03-5091 CIVIL TERM
Tony R. Ballance,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER §3301(c) 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 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 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: ,I~ I/~-Ot/ Signature: ~ ]~O,~t~ _ (~_ e,~O~,LI2
Carolyn A. Balance, P~intiff
Carolyn A. Ballance,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03-5091 CIVIL TERM
Tony R. Ballance,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divoree 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 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 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:~__O~
~T'6~y~::l~lance, Def~dant
Carolyn A. Ballance,
Pla'mtiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 03-5091 CIVIL TERM
Tony R. Ballance,
Defendant
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 divome: Irretrievable breakdown under Section 3301(c) of the
Divorce Code.
2. Date and Manner of service of the Complaint: Defendant signed Acceptance
and Acknowledgment of Service form on October 10, 2003.
3. Date of execution of the Affidavit of Consent required by Section 3301(c) of
the Divorce Code: by Plaintiff, January 17, 2004; by Defendant, January 17, 2004.
4. Related claims pending: There are no outstanding claims.
5. (a) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with
the Prothonotary: January 26, 2004.
(b) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: January 26, 2004.
Plaintiff's Social Security Number: 187-56-4210
Defendant's Social Security Number: 165-54-7529
Je~sica ~iamondstone
Attorney for Plaintiff
MidPenn Legal Services
8 h-'vine Row
Carlisle, PA 17013
(717) 243-9400
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
CAROLYN A. BALLANCE ~
Plaintiff
VERSUS
TONY R. BALLANCE,
Defendant
No. 03-5091 CIVIL TE~M
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
CAROLYN A. BALLANCE
TONY R. BALLANCE
_ . , IT IS ORDERED AND
, PLAINTIFF,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAINS JURISDICTION OF THE FO!_LOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WI-IICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
ALL CI~AIMS FLAVE Bk~V~ RF,~qOLV~D.
BY THE COURT:
ATTE¢
PROTHONOTARY