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HomeMy WebLinkAbout04-1371Z1NA PRICE, Plaintiff, V. LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE 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 or divorce or annulment may be entered against you by the court. Ajudgment may also be entered against you for other claims 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 gronnd 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, 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Ctanberland 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· ZINA PRICE, Plaintiff; V. LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION ~ LAW :IN DIVORCE : :NO. CIVIL TERM DIVORCE COMPLAINT The plaintiff, Zina Price, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. §8 3301(c) & 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Zina Price, who currently resides at 161 West North Street, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Lynn Price, who is currently an inmate at the State Correctional Institution - Camp Hill, PO Box 200, Camp Hill, Dauphin County, Pennsylvania, 17001. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on April 10, 1999 in New Cumberland, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since February 2000. 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 or defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Respectfully Submitted, Date Certified Legal Intern Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2368 VERIFICATION I verify that the statements made in this Complaint 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 Zi a~e, Plaintiff '",-,~ - Z1NA PRICE, Plaintiff, LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. OL( ~37 I CIVILTERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on your ot the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d~ OF THE DIVORCE CODE 1. The parties to this action separated in February of 2000, 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, lawyers' fees or expenses if I 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 Zifi~ Pr~e PlaifilTff ZINA PRICE, Plaintiff, LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO. ©q 13vi C WL XEP, PRAECIPE TO PROCEED 1N FORMA PAUPERIS Kindly allow Zina Price, Plaimiff, 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, Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 Z1NA PRICE, Plaintiff, LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE : :NO. 04-1371 CIVIL TERM AFFIDAVIT OF SERVICE I, --~J,~/ C, /7/~r-~*''- , hereby certify that I am a competent adult and that I served a true and correct copy of the Complaint for Divorce on the Defendant, Lynn Price, at the State Correctional Institute - Camp Hill, P.O. Box 200, Camp Hill, Dauphin County, Pennsylvania. Service was complete upon receipt by Lynn Price on the /5-/dday of April, 2004. I verify that the statements made in this affidavit are true and correct. I tmderstand that false statements herein are made subject to the penalties of'l 8 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: Name ZINA PRICE, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA LYNN PRICE, DEFENDANT AND NOW, this t : 04-1371 CIVIL TERM ORDER OF COURT .day of June, 2004, the request for the entry of a final decree in divorce at this time, IS DENIED By the Cour~~' ~dgar'13. Bayley, J. Kathryn A. Kroggel, Certified Legal intern Anne MacDonald-Fox, Esquire Supervising Attorney Family Law Clinic 45 N. Pitt Street Carlisle, PA 17013 lt_~..L, Lynn Price, EM0646 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001 :sal ~ Plaintiff's counsel filed a praecipe to transmit the record on June 4, 2004. Counsel sets forth in the praecipe that the notice of intention to file the praecipe was mailed on the same date, June 4, 2004. The twenty day rule set forth in Pa. Rule of Civil Procedure 1920.42(d)(1) was not complied with. AS¥!ONOi-~O~ ~FII JO Z1NA PRICE, Plaimiff, LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :iN DIVORCE : :NO. 04-1371 CIVIL TERM CERTIFICATE OF SERVICE I, Kathryn A. Kroggel, hereby certify that I served a Cou~ater-Affidavit and a Notice of Intention to Request Entry of a Divorce Decree on Lynn Price on May 14, 2004, by first class United States mail, at the following address: Date: Lynn Price - Inmate No. EM0646 SCI - Camp Hill PO Box 200 Camp Hill, PA 17001 Ka~hryn A. (d~roggel ' Certified Legal Intern FAMILY ]LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717)243-3639 ZINA PRICE, Plaintiff, V. LYNN PRICE, Defendant :iN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION .- LAW :iN DIVORCE : :NO. 04-1371 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: Mr. Lynn Price 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 4, 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 S. Bedford Street 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. Z1NA PRICE, Plaintiff, V. LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 04-1371 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT 1JNDER §3301(d) OF THE DIVORCE CODE 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 conceIning alimony, division of property, lawyer's fees or expenses if I 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 then 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. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date Lynn Price 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 THIS COUNTER-AFFIDAVIT. ZINA PRICE, Plaintiff, LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 04-1371 CIVIL TERM CERTIFICATE OF SERVICE I, Kathryn A. Kroggel, hereby certify that I am serving a true and correct copy of the Praecipe to Transmit Record to Lynn Price by First Class United[ States mail, at the following address: Lynn Price - Inmate No. EM0646 SCI- Camp Hill PO Box 200 Camp Hill, PA 17001 Dat~ -- K~,*yn ~. ~.roggel ~ Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2{_}68 Fax: (717) 243-3639 ZINA PRICE, Plaintiff, LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :C1V1L ACTION - LAW :IN DIVORCE : :NO. 04-1371 CIVIL TERM CERTIFICATE OF SERVICE; I, Kathryn A. Kroggel, hereby certify that I am serving a tree and correct copy of the Amended Praecipe to Transmit Record to Lynn Price by First Class United States mail, at the following address: Lynn Price - Inmate No. EM0646 SCI- Camp Hill PO Box 200 Camp Hill, PA 17001 Dat~ Certified Legal Intern FAM1LY LAW CLINIC 45 North Pi'tt Street Carlisle, Pe~msylvania 17013 (717) 243-2968 Fax: (717) 243-3639 ZINA PRICE, Plaintiff, LYNN PRICE, Defendant :iN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 04-1371 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: Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. Date and manner of service of the complaint: Personal service on the Defendant, made on April 15, 2004. Date of execution and filing of Plaintiff's Affidavit required by § 3301(d) of the Divorce Code: March 31, 2004. Date of service of the Plaintiff's Affidavit upon the Defendant: April 15, 2004. 4. Related claims pending: NONE 2004. Datg Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: First Class United States mail on June 4, l~:yn Sd. Krog~el ./ Certified Legal Intem ANNE ]Vr~CDONALD-FO-){d-~ LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLiNIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717) 243-3639 ZINA PRICE, Plaintiff, LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :iN DIVORCE : :NO. 04-1371 CIV1L TERM AMENDED PRAEC1PE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301 (d) of the Divorce Code. Date and manner of service of the complaint: Personal service on the Defendant, made on April 15, 2004. Date of execution and filing of Plaintiff's Affidavit required by § 3301(d) of the Divorce Code: March 31, 2004. Date of service of the Plaintiff's Affidavit upon the Defendant: April 15, 2004. 4. Related claims pending: NONE Date and manner of service of the Notice of Intention to Request Entry of a Divorce Decree: First Class United States mail on May 14, 2004. A copy of the certificate of service, filed on June 4, 2004, is attached. The previous Praecipe to Transmit the Record, filed June 4, 2004, erroneously gave the date of service of the Notice of Intention to Request Entry ofa Divome Decree as June 4, 2004. This error was recognized by Judge Bayley in his order dated June 17, 2004, which denied the divorce decree. Dat8 -- bryn A~oggel Certified Legal Intem Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (715') 243-2968 Fax: (717) 243-3639 Counsel for Zina Price ZINA PRICE, Plaintiff, V. LYNN PRICE, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE : :NO. 04-1371 CIVIL TERM CERTIFICATE OF SERVICE I, Kathryn A. Kroggel, hereby certify that I served a Counter-Affidavit and a Notice of Intention to Request Entry of a Divorce Decree on Lynn Price on May 14, 2004, by first class United States mail, at the following address: Date: Lynn Price - Inmate No. EM0646 SCI - Camp Hill PO Box 200 Camp Hill, PA 17001 Kal~ryn A. (~['roggel Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717) 243-3639 IN THE COURT OF COMMON ZINA PRICE, OFCUMBERLANDCOUNTY STATE OF ~~ PENNA. Plaintiff Versus LYNN PRICEr Defendant NO. _ 04-1377 PLEAS AND NOW, DECREED THAT AND DECREE IN DIVORCE ZINA PRICE LYNN PRICE ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICI- HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE ATTEST: PROTHONOTARY