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Home My WebLink About08-1104DANIELLE L. SWIFT, Plaintiff V. NATHAN R. SWIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 08- 11 0 7 NOTICE TO DEFEND AND CLAIM RIGHTS CIVIL TERM 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 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 the 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, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 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. DANIELLE L. SWIFT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE NATHAN R. SWIFT, Defendant : NO. 08- /101 CIVIL TERM DIVORCE UNDER 23 Pa.C.S. %3301 (d) OF THE DIVORCE CODE Plaintiff, Danielle L. Swift, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: 1. Plaintiff is Danielle L. Swift, who currently resides at 48 Spring Garden Estates Carlisle, Pennsylvania, Cumberland County 17013, since August of 2005. 2. Defendant is Nathan R. Swift, who currently resides 188 Pottsville Street, Wiconisco, Pennsylvania, Dauphin County, 17097; his mailing address is P.O. Box 374, Wiconisco, Pennsylvania, Dauphin County, 17097. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 16, 2004 at the Cumberland County Court House, in Carlisle, Pennsylvania, Cumberland County. 5. Plaintiff and Defendant have lived separate and apart since August of 2005. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Takara S. Strong Certified Legal Intern Counsel for the Plaintiff A DONAL -FOX Supervising Attorney Counsel for the Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date Plaintiff ^-7 1 Danielle L. S ift r? ?,, r-= r^s :. e....?? ?"7 t??t r_o T7 f'?.? S:l'7 t`r? '"t n4,? xc ? _ k ` rye, ...u.. ?? + -? 1 _ ` m.u.. t ??'? ?ITa ' 1 ?? -i ? t DANIELLE L. SWIFT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE NATHAN R. SWIFT, Defendant NO. 08- 0 61 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow DANIELLE SWIFT, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date aQ? Takara S. Strong Certified Legal InternCounsel for the Plaintiff - Let- (?? A NAL - Supervisin Attorneys Counsel for the Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?"? rv = «., -ter ? r, r DANIELLE L. SWIFT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE NATHAN R. SWIFT, Defendant : NO. 08 - CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in August of 2005, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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 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. i; Date r)l anielle L. waft, tiff L c°'? ?`v ?-- ?, ,., ? t?? rte; _ 1 ?'+ T ?"` ? =-a ?: rrr?r ? -n r,-- ?, _ ; ?, , .,.. _.i _ u1, _ ?y , i _? A'. - ..._. . i = i?°r? ? ?- y! .. ?..n"1 _a f _?J l? 1 DANIELLE L. SWIFT, Plaintiff V. NATHAN R. SWIFT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 08- 1104 CIVIL TERM AFFIDAVIT OF SERVICE I, Takara S. Strong, hereby certify that I personally served a true and correct copy of the Divorce Complaint, on Nathan R. Swift, at: The Family Law Clinic, at 9:24 a.m. on February 27, 2008. 1 verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: d-? _Q4 Takara S. Strom Certified Legajl Intern C-j DANIELLE L. SWIFT, : IN THE COURT OF COMMON PLEAS Plaintiff, : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - V. : LAW IN DIVORCE j NATHAN R. SWIFT Defendant. : NO: 08-1104 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: 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 r,r the other party can request the court to enter a final decree in divorce. jj 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 TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 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. rl?if lJ , ; . ; nqLjQ DANIELLE L. SWIFT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE NATHAN R. SWIFT, Defendant : NO. 2008 - 1104 CIVIL TERM DEFENDANT'S 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 (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. 2. 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 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. If I 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 delay. C7 ^' -_ r FTI N { I=; DANIELLE L. SWIFT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE NATHAN R. SWIFT, Defendant : NO. 08 -1104 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown and separation for two years under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Personal service on Defendant at 45 North Pitt Street, Carlisle, PA 17013 on February 27, 2008. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce Code: by Plaintiff N/A ; by Defendant N/A (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: February 12,2008; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed on February 20, 2008 and served February 27, 2008. 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: Service by first class mail on March 26, 2008. (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: N/A. Date l o Takara S. Strong Certified Legal Intern Anne *co d-Fox, Esqu Supervisrney Attorney for the Plaintiff FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 C7 `" c?:r Ca C_` <_? t?,:s -i7 ` ?. T - , r--? ?. -..,d i° _ , ?_ _ -? ??: i .. 5 -_ - .. 1i -t , ?,. '.i7 ? ti IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. DANIELLE L. SWIFT, Plaintiff, VERSUS No. DECREE IN DIVORCE 2008- 1104 AND NOW, A f , 11 z 700S, IT IS ORDERED AND DECREED THAT DANIELLE L. SWIFT PLAINTIFF, AND NATHAN R. SWIFT 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; NONE BY THE COU PROTHONOTARY 2