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HomeMy WebLinkAbout04-1307STACIA DRISKELL Plaintiff JAMES DRISKELL . Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE NO. 04- VIL 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 FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Avenue Carlisle, PA 17013 (717) 2490-3166 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. Ail 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. STAC1A DRISKELL Plaintiff JAMES DRISKELL Defendant : IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : NO. 04- J 3 o 7 CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. SECTION 3301(d) OF THE DIVORCE CODE The plaintiff, Stacia Driskell, by her attorneys, the Family Law Clinic, avers the following in support of her Complaint for Divorce. 1. Plaintiff is Stacia Driskell, a current resident of Cumberland Cotmty, whose current mailing address is PO Box 903, Carlisle, PA 17013. 2. Defendant is James Driskell, whose current mailing address is PO Box 31 Uptown, KY 42784. 3. Plaintiff has been a bona fide resident(s) of the Commonwealth and Cumberland County for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on June 21, 1998, in Carlisle, PA. 5. Plaintiff and defendant have lived separate and apart since August 2001. 6. There have been no prior actions of 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 cotmseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Date .~ Certified Legal Intern ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 STACIA DRISKELL, Plaintiff V. JAMES DRISKELL, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION-LAW : DIVORCE AND CUSTODY : : No. 01-3680 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 August 2001 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 unsworn falsification to authorities. Date Plaintiff 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. STACIA DRISKELL, Plaintiff JAMES DRISKELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO.04- X3Ot CrVIL PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Stacia Driskell, 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, Jaso~ C. Evans Certified Legal Intern ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 STACIA DRISKELL Plaintiff JAMES DRISKELL Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA :CIVIL ACTION LAW- DIVORCE : NO. 04-1307 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 Jason C. Evans mailed a true copy of a Complaint for Divorce to the Defendant by placing the same in the U.S. Mail, certified no. 7002 0860 0001 5847 8578, restricted delivery, return receipt requested, postage prepaid, on the 26th day of March, 2004 addressed as follows: James Driskell PO Box 31 Upotown, KY 42784 Sender's receipt no. 7002 0860 0001 5847 8578 is attached hereto and incorporated by reference. On the 1st day of April, 2004, green return receipt no. 7002 0860 0001 8660 8578 was delivered to the Family Law Clinic, bearing the signature James Driskell and showing a date of service of March 29, 2004. The return receipt is attached hereto and incorporated by reference. Jaso~n (~ ~-~'~ Certified Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 Dated: · Complete Items 1, 2, and $. Alao complete Item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the csrd to yod. · Attach this card to the back of the malipiace, or on the front if space permits. ~ml? rlyea yES, ~I. ~'./Ildm~ be~,ow: rnNo 4. Restricted Delivery? (Extra F~e) v~Yes , 2. Arlicle N~mber (Coov from service labe!) 7002 0860 0001 5847 8578 -'PS Form 3811, July 1999 Domestic Return Receipt OFFICIA USE STACIA DRISKELL : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JAMES DRISKELL, Defendant CIVIL ACTION - LAW 1N DIVORCE : NO. 04-1307 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 Praecipe to Transmit Record, to JAMES DRISKELL, P.O. BOX 31 Uptown, KY 42784. 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. Jas~ O. Evans Cer fled Legal Intern LUCY JO~NSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pit~I Street Carlisle, PA 17013 717-243 -2968 STACIA DRISKELL Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAN[) COUNTY, PENNSYLVANIA JAMES DRISKELL, Defendant Date: CIVIL ACTION - LAW : IN DIVORCE : NO. 04-1307 CERTIFICATE OF SERVICE CIVIL TERM I, Jason C. Evans, hereby certify that I am a competent adult and that I served a true and correct copy of the Plaintiff's Affidavit under §3301(d) of the Divorce Code, to JAMES DRISKELL, P.O. BOX 31 Uptown, KY 42784. 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. aso~tC. Ewins - Cert/fied Legal Intern LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorueys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968: STACIA DRISKELL Plaintiff JAMES DRISKELL Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COLES~TY, PENNSYLVANIA :CIVIL ACTION LAW- DIVORCE : NO. 04-1307 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 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 April 1, 2004. 3. Date of execution of the affidavit required! by Section 3301(d) of the Divorce Code: by the Plaintiff: March 25, 2004, Date of filing and service of the Plaintiff's affidavit upon the Defendant: March 26, 2004. 4. Related claims pending: None. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record a copy of which is attached: May 11, 2004 regular mail. 5-17-o,4 Date Respectfully Submitted, Jaso¢ [2.~v~ns - Certified Legal Intern NN~ MJ~I~J~ONALD-FOX LUCY"JOHNS TON-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 r~i IN THE COURT OF COIVlIVION PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. Stacia Driskell Plaintiff VERSUS James Driskell Defendant NO. -- 04-1307 AND NOW, DECREE IN DIVORCE Od , IT IS ORDERED AND DECREED THAT , PLAINTIFF, AND James Driskell ,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 COUF ~T: PROTHONOTARy