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HomeMy WebLinkAbout08-7142W. KELLY HARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE STEVEN HARPER, Defendant :NO. 08- 7/q;L 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. KELLY HARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE STEVEN HARPER, Defendant : NO. 08- CIVIL TERM DIVORCE COMPLAINT The plaintiff, Kelly Harper, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. §§3301(c) AND 3301(d) OF THE DIVORCE CODE Plaintiff is Kelly Harper, who currently resides at 4 Creamery Road, Boiling Springs, Cumberland County, PA 17007, since February 2008. 2. Defendant is Steven Harper, who currently resides at 862 Carlwynne Manor Apt. B311, Carlisle, Cumberland County, PA 17013 since 1984. 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 June 27, 1998 at Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since February 2008. 6. There have been no prior actions for 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 counseling. 9. Defendant is not a member of the armed forces. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. AJ3- cque ne Collette Certified Legal Intern ROBE E. RAINS 61 THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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 unworn falsification to authorities. Date J?-S a?S Plaintiffct<SL?6-? " Kelly Harper ra ° ` ? s cr G E5 ? -1 Q.J KELLY HARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE STEVEN HARPER, Defendant : NO.08- ~f 1 ??, CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Kelly Harper, 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 I -L&slo8 4 J quel a Collette Certified Legal Intern ROBER . RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?? ??` fir.-)??,. ? tt't ?? ?:' ? L . ?? ? w tr.? KELLY HARPER, Plaintiff VS. STEVEN HARPER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 - 7142 CIVIL ACTION - LAW Divorce CERTIFICATE OF SERVICE I, Jacqueline Collette, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Steven Harper, residing at 862 Carlwynne Manor, Apt. #B311, Carlisle, Cumberland County, PA, 17013, 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 Steven Harper, on the 6th day of December 2008 as evidenced by the attached green card. cqu ine Collette Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 0 r ..n ru M rU N m 0 0 C3 0 Q- m a in 0 0 .f? v N 2 i I I? N r r to M -+ E ar C'a hs C ° C? xr"' in t fi, co KELLY HARPER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV. V. : CIVIL ACTION - LAW IN DIVORCE STEVEN HARPER, Defendant : NO. 08- 7142 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on December 5, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 request entry of the decree. I verify that the statements made in this affidavit are true and correct. I false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to falsification to authorities. Date -09 I Kelly Harper, Plaintiff days to that i ?? `? ..?1 "'l?' .x. ,? ?? ?? t Y. ,r f r? ti ? .?6 f KELLY HARPER, Plaintiff v. STEVEN HARPER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 08- 7142 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on 5, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 request entry of the decree. to 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 i falsification to authorities. Date /-) Steven Harper, Defendant Q t) -r AFT T D CD KELLY HARPER, : IN THE COURT OF COMMON PLEAS C Plaintiff : CUMBERLAND COUNTY, PENNSYLV) V. : CIVIL ACTION - LAW IN DIVORCE STEVEN HARPER, Defendant : NO. 08- 7142 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, 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 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 understan that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to swo falsification to authorities. Date ()'S-©q-t@00St -? -e--?SLLh?iN Kelly Harper, Plaintiff ???- r.? ? ?; ,--,- c--a ..? .__, i .`? r*,,: -?; -: _ c?:;? ,.?„. KELLY HARPER, Plaintiff V. STEVEN HARPER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE Defendant : NO. 08- 7142 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, Wvyer'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 u0sworn falsification to authorities. Date Steven Harper, Defendant : Co ,. KELLY HARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE STEVEN HARPER, Defendant : NO. 08- 7142 CIVIL TERM CERTIFICATE OF SERVICE I, Jacqueline Collette, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Plaintiff's Affidavit of Consent and Waiver of Notice, Defendant's Affidavit of Consent and Waiver of Notice, Praecipe to Transmit Record, and Divorce Information Sheet on Steven Harper by depositing a copy of the same in the United States mail, this date, postage prepaid addressed as follows: 862 Carlwynne Manor, Apt. $311, Carlisle, PA 17013. 03' /2-4 / /` ?l t O LM?C `/lSl1(X.(.CP Date facqu ine Collette Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ? `r7 " ? t tItr' - ?n l ? c KELLY HARPER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE STEVEN HARPER, Defendant : NO. 08- 7142 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: 1. Ground for divorce: irretrievable breakdown under §3301(c) 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 Steven Harper on December 6, 2008. 3. Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff - March 9, 2009; by defendant - March 13, 2009. 4. Related claims pending: none 5. Date plaintiff s Waiver of Notice was filed with the Prothonotary: March 24, 2009. Date defendant's Waiver of Notice was filed with the Prothonotary: March 24,; 2009. ,5a? a Date cqu ine Collette Certified Legal Intern IL zv, Anne ox, Esq. Supervisirig Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff ?-a HIM Kelly Harper IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. Steven Harper NO. 08 - 7142 DIVORCE DECREE AND NOW, M KOC -41 , 1601-, it is ordered and decreed that Kelly Harper , plaintiff, and Steven Harper , 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, ?k I ?A 1 Attest: J. r honotary ati ? ? G 6d- t1w