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HomeMy WebLinkAbout08-6915A .4% Dawn M. Childs, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE James C. Childs, IV, q Defendant : NO. 08 -/ CIVIL 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 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. Dawn M. Childs, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE James C. Childs, IV, Defendant : NO. 08 - (p yf CIVIL TERM DIVORCE COMPLAINT The plaintiff, Dawn M. Childs, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. $$3301(a)(6), 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Dawn M. Childs, who currently resides at 714 Hogestown Road, Mechanicsburg, Cumberland County, PA 17050, since April, 2008. 2. Defendant is James C. Childs, who currently resides at 445 Linden Court, Mechanicsburg, Cumberland County, PA 17050, since July, 2008 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 11, 2006 at Mt Holly Springs, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since March 30, 2008. 6. There have been no prior actions for divorce or for annulment between the parties. 7. Defendant has offered such indignities to the innocent and injured Plaintiff as to render Plaintiff's condition intolerable and life burdensome. 8. The marriage is irretrievably broken. 9. 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 requests the court to enter a decree of divorce. 11 Fei Bao Certified Legal Intern ROBtRIfEn RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 4ft 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 \ 2 C? Plaintiff `% 1 Dawn M. Ids n ?' G.? <'"3 -y ?J ^ - S_'?:1 ? ? 1 .. ? n ?? .?? ?1 _ i '4 4 )'T? ry ` t ` Xti ? -•: Dawn M. Childs, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY James C. Childs, IV., Defendant NO. 08 - 61/S CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Dawn M. Childs, 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 Nov. a , a00 3 rz ' 94-1 Fei Bao Certified Legal Intern ROBE INS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C..? C? ?`' ??..: f:? J :? 1'? 2:s? ._'i r. -,? °? -? -n `', i- „. 3`,J .J,?3 , r._ ?T' 5?- F? _ -ry - .. C ?i Dawn M. Childs, Plaintiff V. James C. Childs, IV, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 08 - 6915 CIVIL TERM CERTIFICATE OF SERVICE I, Fei Bao, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on James C. Childs, IV, residing at 445 Linden Court, Mechanicsburg, PA 17050 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by James C. Childs, IV, on the 22nd day of November, 2008 as evidenced by the attached green card and a copy of the tracking result from the website of United States Postal Service. Fei Bao Certified Legal Intern Anne c onald-Fox, Es Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 • . L*PS - Track & Confirm UNITED STWES P0STdL SERVICE* Track Confirm Search Results Label/Receipt Number: 70081140 0001 61651054 Status: Delivered Your item was delivered at 2:59 PM on November 22, 2008 in MECHANICSBURG, PA 17050. Page I of 1 Home I Helo I Sign In Track k,Confirm FAQs Tfack & Con&m Enter LabellReceipt Number. Go ? Notification Optif>trts Track & Confirm by email Get current event information or updates for your item sent to you or others by email fio> site Map Contact Vs Foms Gov't _Services Jobs Privacy Policy Terms ofaSse National & Premier Accounts 1, Copyright©1999-2007 USPS. All Rights Reserved. No FEAR Act EEO Data F01A 0 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. 1. Artlde•Addressed to: d4in 0. U43, Id ?-? ?.?nc? Ccurf ?l edt a? ? csbu?? . , PA / 70TV A. Signature' X 0 Agent , /"?- '? 1-W. I 0 Addressee B. Re/eived by ( Printed Name) C. Date of Delivery D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: 0 No 3. Service Type ocertmed Mail ? Mail 0 Registered Return Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 7008 1140 0001 6165 1054 PS Form 3811, February 2004 Domec-'c Retur -Receipt 102595-02-M-1540 http://trkcnfrml .smi.usps.com/PTSIntemetWeb/InterLabellnquiry.do 12/2/2008 Dawn M. Childs, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE James C. Childs, IV, Defendant : NO. 08-6915 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on November 21, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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?dJ Dawn M. C ' ds, lainti r? ?} ' f w`_ ' Y ?? -- N . ?`'? ? a , '°"*^ J _ i ?? r4.ag ... ?? Dawn M. Childs, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE James C. Childs, IV, Defendant :NO. 08-6915 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST" ENTRY OF A DIVORCE DECREE UNDER -43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 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 unworn falsification to authorities. Date OP awn M. Childs, Plainti s-? `{ii ? ? ?5 `?3 -r,? ? _. i-r`' N c "--? Dawn M. Childs, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE James C. Childs, IV, Defendant NO. 08 -6915 CIVIL TERM CERTIFICATE OF SERVICE I, Amy Hirakis, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Plaintiffs Waiver of Notice of Intention to Request Entry of a Divorce Decree and Plaintiffs Affidavit of Consent on James C. Childs, IV, residing at 445 Linden Court, Mechanicsburg, PA 17050, by depositing a copy of the same in the United States mail, regular, first class delivery, postage prepaid, on March 20, 2009. Amy is Certifi Legal llnntemrnd=j FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ?? ?? i ?'? ? i _...' d?^,,? ? fZ? 1 ... p?? {? ?Ai (n? • ? .? J ?? i 4 Dawn M. Childs, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE James C. Childs, IV, Defendant : NO. 08-6915 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on November 21, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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 ? /t 0 Jams C. Childs, IV, Defendant F THE P- 'J I 11f NOTARY 2009 MAY 18 N 10: 0 rj: Dawn M. Childs, Plaintiff V. James C. Childs, IV, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE Defendant : NO. 08-6915 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. 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 unworn falsification to authorities. Date 9 C. Childs, IV, Defendant ! IL EDI CE Or THE P - ? 7 TAP;`i 2H3 MAY 18 Ail 10, Q 5 tj- n ? am -. ,..j ? I- -J t Y r 'y 0,! w {l i tlfr Dawn M. Childs, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA' V. CIVIL ACTION-LAW IN DIVORCE James C. Childs, IV, Defendant NO. 08 - 6915 CIVIL TERM CERTIFICATE OF SERVICE I, Amy Hirakis, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Defendant's Waiver of Notice of Intention to Request Entry of a Divorce Decree and Defendant's Affidavit of Consent on James C. Childs, IV, residing at 2821 Stoney Point Road, East Berlin, PA 17316, by depositing a copy of the same in the United States mail, regular, first class delivery, postage prepaid, on May 18, 2009. Amy skis Ceti d Legal Intern G Megan esmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Fli 20119 MAY 13 A' lo, 0 5 Dawn M. Childs, Plaintiff v. James C. Childs, IV, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE No. 08-6915 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Tra mit the record, together with the following information, to the court for entry of a divorce dec see: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. ate and manner of service of the complaint: Served on Defendant by U.S. mail, certified, re tricted delivery, return receipt requested, postage prepaid. Service was complete upon recei by November 22, 2008. 3. Code: by 4. 5. .? a Date of execution of the affidavit of consent required by §3301 (c) of the Divorce ff- February 27, 2009; by defendant- May 12, 2009. claims pending: None plaintiffs Waiver of Notice was filed with the Prothonotary: March 20, 2009. defendant's Waiver of Notice was filed with the Prothonotary: May 18, 2009. "200 9 Amy irakis Certified Legal Intern Meg 'esmeyer Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff J {.., ?4 ? _. .. r ,. Dawn M. Childs, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA' V. CIVIL ACTION-LAW DIVORCE James C. Childs, IV, Defendant : NO. 08 -6915 CIVIL TERM CERTIFICATE OF SERVICE I, Amy Hirakis, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Praecipe to Transmit Record on James C. Childs, IV, residing at 2821 Stoney Point Road, East Berlin, PA 17316, by depositing a copy of the same in the United States mail, first class, regular delivery, postage prepaid, on May 27, 2009. Am irakis Ce tied Legal Intern FIE H. 2009 M,A i' 27 F1 s = S Q IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DAWN M. CHILDS V. JAMES C. CHILDS, IV : NO 08-6915 DIVORCE DECREE AND NOW, I , Loot , it is ordered and decreed that DAWN M. CHILDS plaintiff, and JAMES C. CHILDS, IV , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, 4k, Prothonotary l ee