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HomeMy WebLinkAbout04-0392rN THE'COUR.T OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : No. Defendant : IN DIVORCE : Civil Term NOTICE TO DEFEND AND CLAIM RIGHTS YOUHA VE BEENSUED 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 ~ound 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 HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) ,2. ~9r3166 Ee hah demandado a usted a la corte. Si usted qulere 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 notificacion. 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 alivio 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 ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIK 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 VS. eCg /3-. S o ,_s -- Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY PENNSYLVANIA No. 04- QVlL TERM : IN DIVORCE COMPLAINT UNDER ~3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiffis--~'J'l'l't.t'~ //[4.~),~)t~/'£-~(T0~St°who currently resides at Cumberland Co~, Pe~sylvania. 2. Defendant is ~~.~~ , who c~ently resides at 3. Plaintiff has been a bona fide resident of the Co~onweal~ of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on 1~o b r-lx.~.~ '"~, &OD& 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 parties. 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 right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Date I,~'c~&/Y~ [6}j'st~r43 -'. ~-FO~.Lerify 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. Date: Plaintiff, Pro Se Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE PETITION TO PROCEED 1N FORMA PAUPERIS The Petitioner, ~t~Z',,at }Pt~ ~(~t~5- .~'~0~O.~ , is the Plaintiff in this action. On the petitioner's behalf, MidPenn Legal Services does hereby certify that the Petitioner is indigent according to the poverty guidelines of MidPerm Legal Services. MidPenn Legal Services is assisting the Petitioner in filing a divorce case pro 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. Respectfully submitted: Je Jennifer Hoffman Pamela G. Smith Attorneys for Plaintiff MidPenn Legal Services Pro Se Divorce Clinic 8 lrvine Row Carlisle, PA 17013 (717) 243-9400 Plaintiff : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. Defendant : CIVIL TERM AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS 1. I am the t~ ~ 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 litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (c) Social Secufi, Number: 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: Salary or wages per month: ~". ~T) ~ · ypeofwork: (c) Other income wi~in the past ~elve months Business or profession: Other self-employment: Interest: Dividends: Pension and a~uities: Social SecuriW benefits: Support payments: DisabiliWpayments: ~,')ta~ ~]o Unemployment compensation and supplemental benefits: World's compensation: Public Assistance: ~0~00 ~ ~ (d) Other con~ibutions to household suppo~ (Wife)(Husband) Name: If your (husband) (wife) is employed, state Employer: Sala~ or wages per mon~: T~e of work: Contributions from children: (e) Property owned Cash: oqO. Checking Account: Savings Account: Certificates of Deposit: 1,0 ] tot Real Estate (including home): I'0 1 Motor vehicle: Make ~0 t-tJ( Year Cost /tO ,~-~ Amount owed Stocks; bonds: 1~d } Other: (0 Debts and obligations Mortgage: fi, fi/lq Rent: cT~gCh -"0 0 Loans: Monthly Expenses: ,_~'tl 0 · (g) Persons dependent upon you for support (Wife) (Husband) Name: /1~/d} Children, if any: Name: Age: 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. 1 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: /-"J-cOq Patricia M. Winters-Strouse Plaintiff V. Jeffrey J. Strouse Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-392 CIWL T~RM IN DIVORCE AFFIDAVIT OF SERVICE FOR PERSONAL SERVICE I, //~Oq[~mr~ ~--~-trl¢~/fft° , do hereby swear that l have served JefferyJ.Str°use, with a Divorce Complaint under Section 3301 (c) of the Divorce: Code by personally handing him a copy at /.~ , (Street Number and Address) (City) v c} (State) (Zip) at j. 3 {3 ~ .m. on the /~) day of Ojl.~_~ 200 (Time) (Date) (Month) (Year) I, /Q2~4.~-? ~°.~71rl)~'~~-- , verify llhat 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. '3 /o--oq Date: ~ , - t Patricia M. Winters-Strouse, Plaintiff V. Jeffrey J. Strouse, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-392 CIVIL TERM INDIVORCE Date ACCEPTANCE OF SERVICI~ I, Jeffrey J. Strouse, 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. Jefltf~ J.~ gtrot~,, ~ndant Patricia M. Winters- Strouse, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLrNTY PENNSYLVANIA No. 04-392 CIVIL TERM Jeffery J. Strouse, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on January 30, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Co:mplaint. 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 aut~. , Date: ~9 3~ O Signatu~e:/~x CJCk ~P~ ]~;~d3fi 'Z_ ~ Patricia M. Winters-S~trouse, Plaintiff Patricia M. Winters- Strouse, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-392 CIVIL TERM Jeffery J. Strouse, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 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 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:~ Patricia M. Winters-Strouse, Plaintiff IN THE COURT OF COMMON PLEAS OF CLrMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : File No. c~,i9 q_ / -- Defendant : NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking M 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 [,?.~~,O~ , and gives this written notice a¥owing his / her intention pgrg~t to ~e provisions of 54 P.S. 704. Signature of name being resumed COMMONWE~TH~OF PENNSYLVANIA ) COUNTY OF ~ Onthe '~ dayof ~/k/~ ,2004, beforeme, the Prothonotary or the notary pubhc, 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[~ereunto set my~j ;d official seal. Ir)aw, M. SHU~,^,I. Notary Public I Notary Pul~lic' ~ Carlisle, Cumbedand County ]My Commission ........ Expires Nov, 28, 2006 Patricia M. Winters- Strouse, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-392 C, ML TERM Jeffery J. Strouse, Defendant IN D1VORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on January 30, 2004. 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 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 authorifes. ~ t~ Patficia M. Winters- Strouse, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA No. 04-392 CIVIL TERM Jeffery J. Strouse, Defendant IN DWORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF 'rilE DWORCE CODY,; I consent to the entry of a final decree of divorce without notice. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 flied with the Prothonotary. I verify that 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. §4904 relating to unsworn falsification to authorities. Signature: Je~ Patricia M. Winters- Strouse, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-392 CIVIL TERM Jeffery J. Strouse, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORI) 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(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant signed Acceptance and Acknowledgment of Service form on March 10, 2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divome Code: by Plaintiff, June 30, 2004; by Defendant, July 26, 2004. 4. Related claims pending: There are no outstanding claim~. 5. (a) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: July 2, 2004. (b) Date Defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: August 9, 2004. Plaintiff's Social Security Number: 191-46-0795 Defendant's Social Security Number: 463-41-2524 Jessica Diamondstone Grace D'Alo Geoffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 8 h-vine Row Carlisle, PA 17013 (717) 243-9400 IN THE COURT OF CO~IMON OF CUMBERLAND COUNTY STATE OF ~ ..,~~ Winters Stroucc NO. VERSUS Jeffery J. Strouse PENNA. 04-392 PLEAS DECREE IN AND NOW, DECREED THAT DIVORCE Patricia M. Winters-~ern~,=~ AND Jeffery j. Strouse 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; NONE BY TH~ COURT:///J ATTEST: ~ · · ~ j-. . ----f g PROTBONOTARY