HomeMy WebLinkAbout04-0393IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CWIL ACTION - LAW
Civil Tern
NOTICE TO DEFEND AND CLAIM RIGHTS
YOUHA VE BEENSUED IN COURT. If you wish to defend against the claims set fo~h
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 h-retrievable 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, I 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 TH.EM,
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 WI-IERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(7.17)..24.-973166
Ee hah demandado a asted 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 fecha de la
demanda y la notification. Usted debe presentar una apariencia escrita o en persona o pot
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 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 CONSEGLII~ 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.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 04- CIVIL TERM
IN DIVORCE
COMPLAINT UNDER .~3301(c) or (d) OF THE DIVORCE CODE
1. Plaintiff is '5~Ot~i4-ac~ 0. x_~t'~-{- , who currently resides at
Cumberland County, Pennsylvania.
2. Defendant is L)vl~rlis'-':'x S. ,~st~ ~.~f'. who currently resides at
3. Plaintiff has been a bonafide 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 (~ll(~ 7, /(~4~q at
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 Plaintiffmay 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
Plaintiff, Pro Se
I, t~'/31~'~,~-> .~ c~. ~v~-- , 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 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
:
:NO.
: CIVIL ACTION - LAW
:
: 1N DIVORCE
;
PETITION TO PROCEED IN FORMA PAUPERIS
The Petitioner,~t~D;'~ ~, ,,~lt~P~- , 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 MidPenn 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.
R~edjes~ica Diamondst~
Jennifer Hoffman
Pamela G. Smith
Attorneys for Plaintiff
MidPenn Legal Services
Pro Se Divorce Clinic
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
Plaintiff
VS.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. ~-5q3 CIVIL TERM
AFFIDAVIT IN SUPPORT OF PETITION
~4; i~t TO~ PROCEED IN FOR/VIA PAUPERIS
1. I am the '.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.
(a) Name: '~r~3ca
(b) Address:
(c) Social Security Number:
If you are presently employed, state
Employer: N
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment: ] ~ ~ ]'~- D ~-
Salary or wages per month: ~l~ toO()~-
Type ofwork: ~,~5
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest: bi / ~
Dividends: bt / ~
Pension. and annuities:
Social Security benefits:
Support payments: ~
Disability payments: ~
Unemployment compensation and~4~ ~
supplemental benefits: '~a 0,
Workman's compensation:
Public Assistance:
Other:
(d) Other contributions to household support
(Wife)(Husband) Name: 14 1 Or
If your (husband) (wife) is employed, state
Employer: bi / ~
Salary or wages per month: ~ I/~
Type of work: ~e4 / t~
Contributions from children:
(e) Property owned
Cash:
Checking Account:
Savings Account:
Certificates of Deposit:
Real Estate (including home):
Motor vehicle: Make~r.~ Year
Cost fl0t3 ~ Amount owed
Stocks; bonds:
Other:
(f) Debts ~d obligations
Mo~gage:
Loans:
Monthly Expenses: ~.~ ~.
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
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. 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. 4904, relating to unsworn falsification
to authorities.
Date:Dl- ~'~'- ON
Plaintiff
VS.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUN2~ PENNSYLVANIA
NO. 04- ~ CIVIL TERM
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
The parties to this action separated on _t[t ~, I I't~q
live separate and apart for a period of two years.
and continued to
2. The marriage is irretrievably broken.
3. I understand that I may lose fights concerning alimony, division ofmafital property,
lawyer's fees, or expenses/fi do not claim them before a Divorce is granted.
I, '-~ i~:a Iq ,~c~e~ , verify that the statements made in this Affidavit 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 P.S. Section 4904.
Date
Plaintiff, Pro Se
Bonita R. Short
Plaintiff
VS.
Dennis S. Short, Sr.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY
PENNSYLVANIA
No. 04-393 CtV~L TERM
IN DIVORCE
&CCEPTANCE OF SERVICE
I, Dennis S. Short, Sr., accepted service of a true and correct copy of the
Complaint in Divorce under section 3301 (d) 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. ~
~'m,s S. Sh~t, Sr.,d~efend~-t/-
Bonita R. Short
Plaintiff
VS.
Dennis S. Short, Sr.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 04-393 Civm TERM
IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE
TO: Dennis S. Short, Sr.
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 April 29, 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 an an:~wer 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 ;md 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 I,AWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR
TELEPOHNE THE OFFICE SET FORTH BELOW TO FI~D OUT WHERE YOU CAN
GET LEGAL
CUMBERLAND COUNTY LAWYER REFE]~_RAL SERVICE
32 SOUTH BEDFORD STREET
CARLISLE, PA 17013
(717) 249-3166 OR 1-800-990-9108
Bonita R. Short
Plaintiff
VS.
Dennis S. Short, Sr.
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBEKL,qYD Co~rrY PEh~SYLVmXr~
NO. 04-393 C~Vm TERM
IN DIVORCE
_COUNTER-AFFIDAVIT UNDER §3301(d) OF TI~E DIVORCE COD
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 aad 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
And 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 Diw)rce 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 §4004 relatin,~ to unswo~
falsification to authorities. /~ /~ .... ~ '-
~,/ / / Oermls S. Sho~,Sr,~efendant~7z --
NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF
A DIVORCE DECREE AND YOU DO NOT WISH TO
MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU
SHOULD NOT FILE Tills COUNTER-AFFIDAVIT.
Bonita R. Short,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COLrNTY PENNSYLVANIA
No. 04- 393 C~V~L TERM
Dennis S. Short,
Defendant
~/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 8~¢tion 3301(d) of the
Divorce Code.
2. Date and Manner of service of the Complaint: .Defend~
_and Acknowledgment of Service form on February 13, 2004.
3. (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d)
of the Divorce Code: January 7, 2004
(2) Date of filing and service of Plaintiff's Affidavit upon Defendant: February 13,
2004
4. Related claims pending: _There are no outstanding claims.
5. (a) Date and manner of service of the notice of intention to file Praecipe to
Transmit Record, a copy of which is attached: ~A~ril 8, 2004. ~V mat'[.
Plaintiff's Social Security Number: 195-46-0878
Defendant's Social Security Number: 161-40-2319
~mondstone
Attorney for Plaintiff
MidPenn Legal Services
8 Irvine Row
Carlisle, pg. 17013
(717) 243 -9,400
Bonita R. Short
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CLrMBERLAND COUN.r y PENNSYLVANIA
VS.
: NO. 04-393 CML TERM
Dennis S. Short, Sr. : 2:::? "<
Defendant : IN DIVORCE
NOTICE OF INTENTION TO REQUEST ENTRY OF §3_3~01(d) DIVORCE DECREE
TO: Dennis S. Short, Sr.
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 April 29, 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 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
IN THE COURT OF CONIMON
OF CUMBERLAND CO{JNTY
STATE OF PENNA.
Bonita R. Short ~-"
PLEAS
N O. 04-393
VERSUS
Dennis S. Short
DECREE IN
DIVORCE
AND NOW, /.~
DECREED THAT Bonita R. Short
AND Dennis S. Short
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, _~o~ , It IS ORDERED AND
_, PLAINTIFF,
, DEFENDANT,
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.
BY THE COURT:
ATTE~S~~~
PROTHONOTARY