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HomeMy WebLinkAbout04-0711DIANE F. WITMAN : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PERRY WITMAN Defendant CIVIL ACTION - LAW DIVORCE : NO. 04J~[ [ CWIL 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO F1ND OUT WHERE YOU CAN GET LEGAL HELP. 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. DIANE WITMAN, Plaintiff PERRY WITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, NO. ~ q- q I l CIVIL TERM COMPLAINT The plaintiff, Diane Witman, by her attorneys, the Family Law Clinic, sets forth the following cause of action: COUNT I. DIVORCE UNDER 23 Pa.C.S. SECTION 3301(c) AND SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Diane Witman, who currently resides at RD 2, Box 25, Landisburg, Perry County Pennsylvania since approximately January 2004. 2. Defendant is Perry Witman, who currently resides at 33444 Linndsey Way, Lewes DE, 19958 since approximately October 2003. 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 April 30, 1986 in South Carolina. 5. Plaintiff and Defendant have lived separate and apart since 1999, prior to the filing of this complaint. 6. There have been no prior actions of divome or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiffmay have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiffrequests the court to enter a decree in divorce dissolving the marriage. Respectfully Submitted, Carolyn M. Fenton Certified Legal Intern THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240- 5204 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_~:?}/(-0 (5c/ Diane F. Witman DIANE F. WITMAN Plaintiff V. PERRY WITMAN Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : NO. 04f{{I CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Diane F. Witman, 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. Date Respectfully submitted, Carolyn M. Fenton Certified Legal Intern · PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 DIANE WITMAN, Plaintiff : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, PERRY WITMAN, Defendant NO. 04-711 CIVIL TERM VERIFICATION OF SERVICE Understanding that the making of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. §4904 (relating to unswom falsification to authorities), the undersigned verifies that Carolyn M. Fenton mailed a true copy of a Divome Complaint on the Defendant by placing the same in the U.S. Mail, certified no. 7002 0860 0001 5847 8509, restricted delivery, return receipt requested, postage prepaid, on the 19th day of February, 2004 addressed as follows: Perry Witman 33444 Lindsey Way Lewes, DE 19958 Sender's receipt no. 7002 0860 0001 5847 8509 is attached hereto and incorporated by reference. On the 3~a day of March, 2004, green return receipt no. 7002 0860 0001 5847 8509 was delivered to the Family Law Clinic, bearing the Signature of Perry Witman and showing a date of service of February 28, 2004. The return receipt is attached hereto and incorporated by reference. Dated: 03/05/04 Carolyn M. Fenton Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243 -2968 · Complete items 1, 2, end 3. Also complete A. Received by iPlesse Print Cleariy) B. Date of Delivery item 4 if Restricted Deliver/Is desired. . Print your name and address on the reverse so that we can return the card to you. C. Sign re · Attach this card to the back of the malipieca, [] Agent or on the front if space permits. ~.~__/v~y~ress d~Terent from ~eml?r-lyes [] Addre~ 1. ,~'ticle Addressed~ ~. ,(.~¢~,) ~ ~~N~to: ive~y address below: [] No [] Express Mail 2~ n~egisterad *j~.Return Receipt/l_lyes_/ [] ~n~ M,~ [] C.O.D. ,~% \ 2, Article Number [Copy ~om service ladel) PS Form 3811, July I'B~ O~c t~urn ~ ~0~5~5-~-M-~'~ DIANE WITMAN, Plaintiff PERRY WITMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, : : NO. 04-711 CIVIL TERM NOTICE 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. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in 1999 and have continued to live separate and apart for a period of at least two 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 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 to authorities. Dtate ~ Plaintiff DIANE WITMAN, Plaintiff PERRY WITMAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, : NO. 04-711 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 April 19, 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 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. DIANE WITMAN, Plaintiff PERRY WITMAN, Defendant () () () () : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, : NO. 04-711 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 ora 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 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 to file any economic claims Date: Defendant DIANE WITMAN, Plaintiff PERRY WITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLANE~ COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE, : NO. 04-711 CIVIL TERM CERTIFICATE OF SERVICE I, Carolyn M. Fenton, hereby certify that on the 23~d day of April, 2004, I served a tree and correct copy of the Praecipe to Transmit the Record and[ Divorce Information Sheet on Perry Witman via first class mail, postage prepaid, to 33444 Linndsey Way, Lewes, DE 19958. Date Carolyn M. Fenton Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243 -2968 DIANE WITMAN, Plaintiff PERRY WITMAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIV1L ACTION .. LAW : DIVORCE, : NO. 04-711 CIVIL TERM CERTIFICATE OF SERVICE I, Carolyn M. Fenton, hereby certify that on the 29th day of Mamh, 2004, I served a true and correct copy of the Notice of Intention to Request Entry of §3301(d) Divorce Decree and Defendant's Counter-Affidavit Under §3301(d) of the Divorce Code on Perry Witman via first class mail, postage prepaid, to 33444 Linndsey Way, Lewes, DE 19958. Date Carolyn M. Fenton Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243 -2968 DIANE WITMAN, Plaintiff PERRY WITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION .. LAW DIVORCE, NO. 04-711 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: Divorce Code. Ground for divorce: irretrievable breakdown under 3301(d) of the 2. Date and manner of service of the complaint: February 28, 2004 via certified mail, restricted delivery, return receipt requested. 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 ; by defendant (B)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: March 26, 2004; (2) Date of filing and service of the plaintiff's affidavit upon the defendant: March 29, 2004. 4. Related claims pending: None. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: March 29, 2004 via first class mail. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Date:D_~__ t, arm),n M. [ienton Certified Legal Intern LUCY ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 DIANE WITMAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, PERRY WITMAN, Defendant NO. 04-711 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DF. CREE 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 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-~,ffidavit 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 leas~172 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DIANE WITMAN, Plaintiff PERRY WITMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION[ - LAW DIVORCE, NO. 04-711 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 ifI do not claim them before a divorce is granted. ( ) (b) I wish to claim economic relief which raay include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) aibove, 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 to file any economic claims Date: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ¢~~ PENNA. Diane ~. Witm~n Plaintiff VERSUS Perry Witman Defendant NO. _Q4-71 ] DECREE IN AND NOW,/,~_~_~__ ~__~m~7 ,~ % , ii~ · , %, IT IS ORDERED AND DECREED THAT . . , PLAINTIFF, ~ ., DEFENDANT, AND 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 Will!CH A FINAL ORDER HAS NOT YET BEEN ENTERED;