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Home My WebLink About04-0791TAMARA GARLIN, Plaintiff TIMOTHY GARLIN, Defendant : 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CWIL ACTION LAW DIVORCE : NO. 'qq ICIVIr TEP, 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 right 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 cotmselors 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 FIND 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. TAMARA GARLIN, Plaintiff TIMOTHY GARLIN, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW : DIVORCE : : No. CIVIL TERM COMPLAINT UNDER 23 Pa. C.S. § 3301(d} OF THE DIVORCE CODE NOW COMES, the Plaintiff, Tamara Garlin, by and through her attorneys, the Family Law Clinic, and sets forth the following cause of action: 1. Plaintiff is Tamara Garlin, who currently resides at 173 East Penn Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Timothy Garlin, who currently resides at 809 North Route 15, Dillsburg, York County, Pennsylvania 17019. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 25, 1998 in Middletown, Dauphin County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since February 2002. 6. There have been no prior actions of divorce or 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 respectfully requests that the Court enter a Decree of Divorce dissolving the parties' marriage. Erin Chafin Certified Legal Intem LUCY JOHNSTON-WALSH Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C. S. § 4904, relating to unsworu falsification to authorities. '-' Tamara Garlin ' ~ TAMARA GARLIN, Plaintiff TIMOTHY GARLIN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION LAW : DIVORCE : : No. 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 TIlE DIVORCE CODE 1. The parties to this action separated in February 2002 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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 are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: TAMARA GARLIN, Plaintiff TIMOTHY GARLIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO.Oq '"/q IVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPER1S To the Prothonotary: Kindly allow Tamara Garlin, 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 nn~Chafin Certified Legal Intern ANNE ~DONALD-~ THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 TAMARA GARLIN, Plaintiff TIMOTHY GARLIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE : NO. 04-791 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 unsworu falsification to authorities), the undersigned verifies that Erin Chafin mailed a true copy of the Divorce Complaint, PlaintiflTs Affidavit, and Praecipe to Proceed In Forma Pauperis on the Defendant by placing the same in the U.S. Mail, certified no. 7002 0860 0001 5847 8356, restricted delivery, return receipt requested, postage prepaid, on the 24th day of February, 2004 addressed as follows: Timothy Garlin 809 North Route 15 Dillsburg, PA 17019 Sender's receipt no. 7002 0860 0001 5847 8356 is attached hereto and incorporated by reference. Green return receipt no. 7002 0860 0001 5847 8493 was delivered to The Family Law Clinic, bearing the signature of Timothy Garlin and showing a date of service of February 26, 2004. The return receipt is attached hereto and incorporated by reference. Date: Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Also complete is desired. · print your nam~ . .. the card to -~-~h this ~ ~" . Agent ~3 No 005 0~560 000t 554'7 ~356 ___....~ ~gust 2001 · Sender: Please print YOur name, address, and ZIP+4 ~ in this box · TAMARA GARL1N, Plaintiff TIMOTHY GARL1N, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW : Divorce :NO. 04-791 CIVIL TERM CERTIFICATE OF SERVICE I, Jason C. Evans, hereby certify that I am a competent adult and that I served a true and correct copy of the Notice of Intent to file a Divorce Decree, to Timothy Garlin, 809 North Route 15, Dillsburg, PA 17019. I verify that the statements made in this certificate 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 Jason ~:. Evans Certifled Legal Intern FAMILY LAW CLINIC 45 No,ah Pitt Street Carlisle, PA 17013 717-243 -2968 TAMARA GARLIN, Plaintiff VS. TIMOTHY GAP.LIN, Defendant Anne MacDonald-Fox, Esquire Family Law Clinic For the Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-791 CIVIL CIVIL ACTION - LAW ORDER OF COURT AND NOW, this ~:~-~ day of June, 2004, upon consideration of the Praecipe To Transmit Record filed by Plaintiff, and (1) the record including no indication that a counter- affidavit was served upon Defendant in accordance with Pennsylvania Rule of Civil Procedure 1920.42(d)(2), and (2) the record containing no copy of the notice of intention to request entry of divorce decree as required by Pennsylvania Rule of Civil Procedure 1920.42(d)(I), a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit record. BY THE COURT, TAMARA GARLIN, Plaintiff TIMOTHY GARL1N, Defendant : 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION [,AW DIVORCE NO. 04-791 CIVIL TERM CERTIFICATE OF SERVICE I, Jason Evans, hereby certify that I am serving this date a true and correct copy of the Amended Praecipe to Transmit Record to Timothy Garlin by First Class United States mail, at the following address: Timothy Garlin 809 North Route 15 Dillsburg, PA 17019 Jason Certi~ C. Evans led Legal Intern Iv~Sa~_CI~)NALD-FOX LUCY JOItNSTON-WALSH THOMAS M. PLACE Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013-2899 (717)243-3639 TAMARA GARLIN, Plaintiff TIMOTHY GARLIN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW Divorce : NO. 04-791 CIVIL TERM AMENDED CERTIFICATE OF SERVICE I, Jason C. Evans, hereby certify that I am a competent adult and that I served a true and correct copy of the Notice of Intent to file a Divorce Decree and the Defendant's Counter-Affidavit under §3301(d) of the Divorce Code, to Timothy Garlin, by regular U.S. mail, at 809 North Route 15, Dillsburg, PA 17019 on May 27, 2004. I verify that the statements made in this certificate 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 Jason Certil · Evans ed Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-24.3-2968 TAMARA GARLIN, Plaintiff VS. TIMOTHY GARLIN, Defendant AND NOW, this 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 04-791 CIVIL CIVIL ACTION - LAX[/ ORDER OF COURT day of June, 2004, upon consideration of the Praecipe To Transmit Record filed by Plaintiff, and (1) the record including no indication that a counter- affidavit was served upon Defendant in accordance with Pennsylvania Rule of Civil Procedure 1920.42(d)(2), and (2) the record containing no copy of the notice of intention to request entry of divorce decree as required by Pennsylvania Rule of Civil Procedure 1920.42(d)(1), a divorce decree will not be entered at this time, without prejudice to the parties' fights to correct the deficiencies and file a new praecipe to transmit record. BY THE COURT, J.//0Vesley .oler~--4r~ ~ ~' Anne MacDonald-Fox, Esquire Family Law Clinic For the Plaintiff :rim TAMARA GARLIN, Plaintiff TIMOTHY GARLIN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : DIVORCE : : NO. 04-791 CIVIL TERM AMENDED 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 under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Defendant on February 26, 2004. 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: by the Plaintiff: February 24, 2004. Date of filing and service of the Plaintiff's affidavit upon the Defendant: February 26, 2004. 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree and Defendant's Counter-Affidavit under §3301(d) of the Divome Code: May 27, 2004 by regular U.S. Mail. Date Respectfully Submitted, Jason ~. Evans Certif'~d Legal Intern LUCY JOHNSTON-WALSH ROBERT E. RAINS THOMAS M. PLACE Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)243-3639 TAMARA GARLIN, Plaintiff TIMOTHY GARL1N, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COE2qTY, PENNSYLVANIA : : CIVIL ACTION-LAW : Divorce : : NO. 04-791 CIVIL TERM NOTICE OF INTENTION TO REQUES'r ENTRY OF § 3301(d) DIVORCE DECREE TO: DEFENDANT, TIMOTHY GARL1N 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 June 15, 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 prothontary 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. TAMARA GARLIN, Plaintiff TIMOTHY GARLIN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : DIVORCE : : NO. 04-791 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information to the court for entry ora divorce decree: 1. Ground for divorce: irretrievable breakdc,wn under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid, Service was complete upon receipt by Defendant on February 26, 2004. 3. Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: by the Plaintiff.' February 24, 2004. Date of filing and service of the Plaintiff's affidavit upon the Defendant: February 26, 2004. 4. Related claims pending: None. 5. Date and manner of service of the Notice: of Intention to Request Entry of Divorce Decree: May 27, 2004 by U.S. Postal Service. Date Respectfully Submitted, Jason £ Evans Certifie J Legal Intern LUCY JOF/NSTON-WALSH ROBERT E RAINS THOMAS M. PLACE Supervising Attorneys The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 Fax (717)2413-3639 TAMARA GARLIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY GARLIN, Defendant : CIVIL ACTION - LAW : IN DIVORCE : : NO. 04-791 CIVIL TERM VERIFICATION OF SERVICiE 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 authoritid~), th~2 undersigned verifies that Erin Chafin mailed a true copy of the Divorce Complaint, Plaintiff's Affidavit, and Praecipe to Proceed In Forma Pauperis on the Def~ndant by placing the same in the U.S. Mail, certified no. 7002 0860 0001 5847 8356, restricted[ delivery, return receipt requested, postage prepaid, on the 24th day of February, 2004 addressed as follows: Timothy Garlin 809 North Route 15 Dillsburg, PA 17019 Sender's receipt no. 7002 0860 0001 5847 8356 is attached hereto and incorporated by reference. Green return receipt no. 7002 0860 0001 5847 8493 was delivered to The Family Law Clinic, bearing the signature of Timothy Garlin and showing a date of service of February 26, 2004. The return receipt is attached hereto and incorporated by reference. - ErinChafi~' ' -~ -- Ce~ified Legal Intern FAMILY LAW CL~IC 45 No~h Pi~ Street C~lisle, PA 17013 (717)243-2968 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. t, Article Addressed to: ./ 7002 0860 0001 [] Agent [] Addressee D. Is delivery address different from item 1 ? [] Yes If YES, enter delivery address below: [] No 3. Service Type /~-C;ertified Mail [] Express Mail [] R~istered /'J~J~eturn Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ Yes 5847 8356 PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M.1035 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Tamara Garlin plaintiff VERSUS Timothy Garlin Defendant N o. 04-791 DECREE IN DIVORCE AND NOW, DECREED THAT Tamara Garlin 2004 ,IT IS ORDERED AND , PLAINTIFF, AND Timothy Garlin , 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; BY THE COURT: ATTE T ' - , - U ' ~ ' J. ~/~/'?~~~ PROTHONOTARY