HomeMy WebLinkAbout09-1144Gayle Helton ) HOUSE IN THE COURT OF COMMON PLEAS
PLAINTIFF ) OF CUMBERLAND COUNTY
PENNSYLVANIA
6- 11 yq
VS. ) NO. CIVIL TERM
Russell Helton ) CIVIL ACTION LAW
DEFENDANT ) ACTION FORDIVORCE/CUSTODY
Petition to Proceed in Forma Pauaeris
TO THE HONORABLE, THE JUDGES FO THE SAID COURT:
Petitioner respectfully represents that:
1. Petitioner, Gayle Helton, is the Plaintiff in the above captioned action for
divorce.
2. Petitioner's Social Security Number is: 562-47-7510
3. Petitioner's address is: 160 Limekiln Rd. Carlisle, PA 17015
4. Petitioner's Income and Expense information is fully and accurately set
forth on the Affidavit.
5. In addition to the petitioner, the following are dependent on such income:
a. Children of this marriage:
i. Maddison Miranda Helton (age 6)
ii. Emelia Monica Helton (age4)
b. Other Children:
i. Edward Eugene Lindley IV (age 13)
6. Respondent, Russell Helton, is the Defendant in the above-captioned
action for divorce.
7. Respondent's Social Security Number is 567-93-2168
8. Respondent's Address: Russell Helton GW5773 State Correctional
Institutes Greene 175 Progress Rd. Waynesburg, PA 15370
9. Respon ent's income and source are believed to be $0.00
10.Respon ent's last employment was during 2006.
1 LA suppc rt complaint was attempted May 2007 by filing at the Domestic
Relations Office, but was denied due to incarceration.
12. Without the luxury of consulting an attorney, the Petitioner is of the
opinion that she has a good and just cause against the above named
responder t on the grounds of. defendant has been sentenced to over two
years in a State Correctional Institute and had been out of the home
over two and a half years, thus far.
13.Petitioner is unable to pay any of the necessary costs, or give security for
Date:
the fees, costs and expenses, necessary to prosecute said action without
substantially impairing her ability to provide the necessities of life for
herself aid her children
14.WHERE?ORE, Petitioner respectfully requests your Honorable Court to
enter an Order granting Petitioner leave to file the Complaint in Divorce
as an *gent Party and to proceed to termination thereof without the
necessity) of paying any costs therefore.
OR
ly Submitted,
Gayle Helton
In Pro Se
Gayle Helton ) HOUSE IN THE COURT OF COMMON PLEAS
PLAINTIFF ) OF CUMBERLAND COUNTY
PENNSYLVANIA
vs. ) NO. 6 CIVIL TERM
Russell Helton ) CIVIL ACTION LAW
DEFENDANT ) ACTION FORDIVORCE/CUSTODY
AFFIDAVIT OF FINANCIAL STATUS
1. I am the Plaint! in the above matter and because my financial condition am unable to
pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to Obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. . I represent that the information below relating to my ability to pay the fees and costs is
true and correct
a. Name: Gayle! Helton
Address: 160 L ekiln Rd
Social Security o: 562-47-7510
b. Employment I currently am precepting/ volunteering to gain experience as an EMT,
so I may be employable.
If you are presently employed, state
Employer: NA
Address: NA
Salary or wages per month: NA
Type of work: EMT
If you are presently unemployed, state
Date of last employment: October 2007
Salary or wages per m 'nth: $4500
Type of work: Mansr, LA Weight Loss Centers
c. Other income wi last twelve months:
Business or profession;
Other self-employment:
Interest
Dividends:
Pension and annuities.
Social Security benefit:
Support payments:
Disability payments:
Unemployment Compensation: $21,000 (2008)
and supplemental benefits:
Workman's compensation
Public Assistance:
Other:
d. Other contributio to household support:
Wife/ Husband N : Russell Helton
If your wife/husban is employed, state: Currently Incarcerated
Employer: NA
Salary or wages per month: NA
Type of work: NA
Contributions from children: NA
Contributions from parents: NA
Other contributions: *A
e. Property owned: NSA
Cash: $200.00
Checking account: S20.00
Savings account: NA
Certificates of deposit NA
Real estate (including !home): NA
Motor Vehicle Make Year: 2000 Haundi Elantra
Cost: Amount owed: $600.00
f Debts and Obligations:
Mortgage:
Rent: 5700.00
Loans:
Other: Parochial School Tuition, Daycare, Utilities,
8• Persons dependent n you for support:
Wife/husband name: NAo
Children, if any: Oward Lindley- 13yo son
ddison Helton- 6yo daughter
Other persons.: NA tMeHa Helton- 4yo daughter
Name: NA
Relationship: NA
4. I understand
my financial cir
5. I verify that s
false statements
relating to unsw
Date:
I have a continuing obligation to inform the court of improvement in
'stances which would permit me to pay the costs incurred herein.
meat made in this affidavit is true and correct. I understand that
ern are made subject to the penalties of 18 Pa C. S. 4909,
falsification to authorities.
Gayle Helton
Petitioner
in Pro Say
t rt
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C;
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Gayle Helton ) HOUSE IN THE COURT OF COMMON PLEAS
PLAINTIFF ) OF CUMBERLAND COUNTY
PENNSYLVANIA
09- lI ?U c??l fe??
vs ) NO. CIVIL TERM
Russell Helton
DEFENDANT )CIVIL ACTION LAW
ACTION FOR DIVORCE/CUSTODY
NOTICE TO DEFEND AND CLAIM RIGHTS
You have boson 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
you by the court A j merit may also be entered against you for another claim or relief
f
requested in these pers by the plaintiff. You may lose money or property or other rights
important to you including custody or visitation of your children.
When the grounds The the divorce is indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available at the
Prothonotary's Office; 1 Courthouse Sq. Suite 100 Carlisle, PA 17013
IF YOU DO NOT FILE A CLAIM FORALIMONY DIVSION 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 AF 10RD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE
YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO
ELIGIBLE PERSONS T A REDUCED FEE OR NO FEE.
LEGAL HELP
Cumberland County Bar Association
32 South Bedford Street
Carlisle PA 17013
717 3214696
98911090
Gayle Helton
In Pro Se
160 Limekiln Rd
Carlisle, PA 1701
Telephone 717.458.2145
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
Gayle Helton ) IN THE COURT OF COMMON PLEA
Plaintiff' S
OF CUMBERLAND COUNTY
V. j PENNSYLVANIA
)NO. CIVIL TERM /&
Russell Helton )
Defendant ) CIVIL ACTION LAW
ACTION FOR DIVORCE/CUSTODY
COMPLAINT FOR FAULT DIVORCE
AND NOW, comes the plaintiff Gayle Helton, In Pro se, makes
the following consolidated complaint in divorce for divorce and custody:
1. Plaintiff, Ga Helton, an adult individual who resides at
160 Limekiln Rd Cai lle isle, Cumberland County, PA 17015.
2. Defendant is Russell Helton, an adult individual who resides
Correctional Institute Greene 175 Progress Ave Waynesburg, PA 5370tate
3. Plaintiff have been bona fide resident in the Commonwealth for at
Least six (6) months limmediately previous to the filing of this Complaint
4. The Plaintiff nd Defendant were lawfully married on Janua 17,
Lake Tahoe, El Dorado County, California 9615 ry 2002 in South
0.
5. Neither Plaint' nor Defendant has ever been a member of the Unit
Military or Naval Serv ces of the United States or its allies within the provisiioon?es
Soldiers' and Sailors relief Act of the Congress of 1940, 50 USC ss. 410 et
amendments seq and its
6. There have. been no prior actions of divorce or for annulment institute
of the parties in this o any other jurisdiction. s by either
7. The plaintiff ha been advised that counselin is avail
have the right to requ t that the court 9 able and that plaintiff may
require the .parties to participate in counseling.
8 The Prior Paragraphs of this Complaint are incorporated herein by reference
there to y oe
i
9. Defendant d been sentenced to imprisonment for a term of two or more ears u
conviction of havin committed a crime. years upon
WHEREFORE, plaintiff respectfully requests the court enter a decree of divorce
pursuant to Pa. Pai. Cons. Stat. ss 3301 (a) (5)
(2) and 3323(b)
10. The prior paragraphs of this Complaint are incorporated herein by reference
thereto.
11. Plaintiff and Defendant are the biolg
(D.O.B. June 6, 2084); Emelia Monica Helton (p prgn Me 3? Op Mibo da Helton
unemancipated miners. ), th of whom are
12. The children ave resided exclusively with the Plaintiff in Cumberland Coun
since the incarcerati?ln of the Defend tY
ant October 2006
13. The parties hive not participated in any other litigation concerning the
children in this or any other state.
14. There are no other Proceedings pending involving custody of the children
in this or any other sate.
15. Plaintiff kno of no person not a party to these Proceedings
Physical Custody of a children or who claims to have custody who has
visitation rights with sped to the children Partial custody or
16. The best inter sts of the will be served if custody of them is confirmed in Plaintiff.
WHEREFORE P intiff respectfully requests that
3401(a) (2) and 3?23(b), the court that, Pursuant to Pa. Cons. Stat. ss
the plaintiff. enter an order confirming custody of the children to
k
Date:
R Ily submitted,
Gayle Helton
In Pro Se
..,
VOrifIc doll
I, Gayle H Iton, verify that the statements made in this di vor true and correct the best of my knowledge, information and beliefce un complaint are
false statements erein are made subject to the penalties of Pa.C.S. s understand that
to unswom falsification to authorities. x4904 relating
Date: alaslo?,
Gayle Helton
In Pro Se
c_'a
C) i _
V J A
FEB 2 7 2009 61
Gayle Helton ) HOUSE IN THE COURT OF COMMON PLEAS
PLAINTIFF ) OF CUMBERLAND COUNTY
PENNSYLVANIA
) 09- 6tyq
vs. j NO. CIVIL TERM
Russell Helton ) CIVIL ACTION LAW
DEFENDANT ) Divorce/Custody
m'* -4 3 0*"
AND NOW, this day of"wawry, _ 2009, upon consideration of the attached Petition and
Affidavit of Financial Status, it is hereby
to Proceed with the Ordered that the petitioner, Gayle Helton, is permitted
filing of her action or appeal In Forma Pa
pay the costs or fees payable in connection with such matter, b conditioned uPof epay d to
of such costs from the proceeds of a financial reco ment
very in this can. ? BY THE COURT:
VINVKlk
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Gayle Helton ) HOUSE IN THE COURT OF COMMON PLEAS
PLAINTIFF ) OF CUMBERLAND COUNTY
PENNSYLVANIA
VS. ) NO. CIVIL TERM
Russell Helton
DEFENDANT ) CIVIL ACTION LAW
ACTION FORDIVORCE/CUSTODY
AND NOW, this day of February, 2009, upon consideration of the attached Petition and
Affidavit of financial Status, it is hereby Ordered that the Petitioner,
Gayle Helton, is permitted to proceed with the
and shall not be Ming of a fault divorce action In Forma P
required to pay the costs or fees payable in connection with such matter, but
conditioned upon his/her payment of such costs from the
case, in accordance with PaJLC.P. 24 Pl'0C of a financial recovery in this
This means that 0(g)•
Petitioner may file a fault divorce action without prepayment of filing
fees for such an action, but that In Forma Pauperis status does not extend to Divorce Masters
fees or to Court Reporters' fees or fees for filing related claims other than
alimony pendente life (temporary alimon spousal support and
y Pending litigation). Furthermore, if the parties reach
their own moment about the division of marital assets, or if related claims for equitable
distribution orpost-divorce alimony or alimony pendente lite is/are filed, the Prothonotary shall
not enter a divorce decree until one of the following occurs:
1) A Divorce Master's recommendation as to responsibility f
OR or court costs;
2) Both parties appear in the Family Business Court of the
case (and if applicable, present a copy of any property settlement agreement), their
makes a determination regarding responsibility for costs. and that judge
BY THE COURT:
Gayle Helton
PLAINTIFF
vs.
Russell Helton
DEFENDANT
HOUSE IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
6q- cl yy
NO. CIVIL TERM
CIVIL ACTION LAW
) ACTION FORDIVORCE/CUSTODY
Petition to Proceed in Forms Pain ris
TO THE HONORABLE, THE JUDGES FO THE SAID COURT:
Petitioner respectfully represents that:
1. Petitioner, Gayle Helton, is the plaintiff in the above captioned acti
divorce. on for
2. Petitioner's Social Security Number is: 562-47-7510
3. Petitioner's address is: 160 Limekiln Rd. Carlisle, PA 17015
4. Petitioner's Income and Expense information is fully and accuratel
forth on the Affidavit. y set
5. In addition to the petitioner, the following are d
a. Children of this marriage: g dependent on such income:
1• Maddison Miranda Helton (age 6)
ii. Emelia Monica Helton (age4)
b. Other Children:
i. Edward Eugene Lindley IV (age 13)
6. Respondent, Russell Helton, is the Defendant in the above-captioned
action for divorce. 7. Respondent's Social Security Number is 567-93-2168
8. Respondent's Address: Russell Helton GW5773 State Correctional
Institute Greene 175 Progress Rd. Waynesburg
9. Respondent's income and source are believed to,
be $0.00 0
l O.Respondent's last employment was during 2006.
1 LA support complaint was attempted May 2007 by filing at the Dome
Relations Office, but was denied due to incarceration. stic
12. Without the luxury of consulting an attomey, the petitioner is of
opinion that she has a good and just cause the
against the above named
respondent on the grounds of defendant has been sentenced to over two
Years in the State Correctional Institute and had been out of the home
over two and a half years, thus far.
13.Petitioner is unable to pay any of the necessary costs, or give security for
the fees, costs and expenses, necessary to prosecute said action without
substantially impairing her ability to provide the necessities of life for
herself and her children
14. WHEREFORE, Petitioner respectfully requests your Honorable Court to
enter an Order granting petitioner leave to file the Complaint in Divorce
as an Indigent Party and to proceed to termination thereof without the
necessity of paying any costs therefore.
Date;
Dq 114-tfully Submitted,
Gayle Helton
In Pro Se
Gayle Helton
PLAINTIFF )HOUSE IN THE COURT OF COMMON
j OF CUMBERLAND COUNTY PLEAS
PENNSYLVANIA
vs. ) NO. CIVIL TERM
Russell Helton )
DEFENDANT ) CIVIL ACTION LAW
ACTION FORDIVORCE/CUSTODY
AFFIDAVIT OF FINANCIAL, STATUS
1 • I am the Plaintiff in the above matter and because m
Pay the fees and costs of prosecutin or defe Y financial condition am unable to
2. I am unable to obtain funds from anyone, inclu action or promg.
the costs of litigation. 8 my family and associates, to pay
3• • I represent that the information below relating to my ability to
true and correct. pay the fees and costs is
a Name: Gayle Helton
Address: 160 Ln lddln Rd
Social Security No: 562-47-7510
b• Employment: I currently am
If so I may be employable. Pptrng/ volunteering to gain experience as an EMT
You are presently employed, state
Employer. NA
Address: NA
Salary or wages per month: NA
Type of work: EMT
If you are presently unemployed, state
Date of last employment: October 2007
Salary or wages per month: $4500
Type of work: Manager, LA Weight Loss Centers
c. Other income within last twelve months:
Business or profession:
Other self-employment:
Interest
Dividends:
Pension and annuities:
Social Security benefits:
Support payments:
Disability Payments:
Unemployment Compensation: $21,000 (2008)
and
supplemental benefits:
compensation
Pub
Public c Assistance:
Other.
d. Other contributions to household support:
Wife/ Husband Name: Russell Helton
If your wife/husband is employed, state: Currently Incarcerated
Employer: NA
Salary or wages per month: NA
Type of work: NA
Contributions from children: NA
Contributions from parents: NA
Other contributions: NA
e. Property owned: NA
Cash: $200.00
Checking account: 520.00
Savings account: NA
Certificates of deposit: NA
Real estate Vehicle (including
Make Yea:.. e,' NA
• 2000 Haundi Elantra
Cost: Amount owed: $600.00
I Debts and Obligations:
Mortgage:
Rent: $700.00
Loans:
Other: Parochial School Tuition, Daycare, Utilities,
g' Pro -dependent upon you for support:
Wife/husband name- NA Children, if any: Edward Undley-
Maddison Helton- 6yoydaughter
Other Persons: NA Emelia Helton- 4yo daughter
Name: NA
Relationship: NA
4. I understand that I have a continuing obligation
my financial circumstances which would inform the cow of Pro
im
5. I v Permit me to pay the costs erein. in
Y that statement made in this affidavit is true and correct, I cured herein,
false statements herein are made subject to the understand that
relating to unworn falsification to authorities. penalties of 18 Pa C. S. 4909,
Date: O;51
Gayle Helton
Petitioner
In Pro Say
CB3 ` ' 1 t-"
cJ l
r.., 51
Gayle Helton ) IN THE COURT OF COMMON PLEAS OF
Plaintiff ) CUMBERLAND COUNTY, PENNSYLVANIA
V. ) Ct " I I q4 CIVIL ACTION LAW
Russell Helton ) IN CUSTODY
PROOF OF SERVICE
I, Gayle Helton, In Pro Se, hereby certify that a true and correct copy of the
complaint in the above captioned case was served upon Defendant via Certified Mail on
March 3, 200?4171 of the signed receipt is attached.
Date. oc?
By:
Ga
yle Helton
In Pro Se
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7008 3230 0002 8008 0977
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GAYLE HELTON IN THE COURT OF COMMON PLEAS OF
PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA
V.
2009-1144 CIVIL ACTION LAW
RUSSELL HELTON
IN CUSTODY
DEFENDANT
ORDER OF COURT
AND NOW, Tuesday, March 17, 2009 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator,
at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, April 09, 2009 at 10:30 AM
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary
order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT.
By: /s/ ac ueline M. Verne Es .
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites 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.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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, Pennsylvania 17013
Telephone (717) 249-3166
r
'?* ?"lc
lev
UN?a )r
'
V41
APR 0 9 2009
GAYLE HELTON,
Plaintiff
VI.
RUSSELL HELTON,
Defendant
CIVIL ACTION - LAW
NO. 2009-1144
IN CUSTODY
ORDER OF COURT
AND NOW, this day of /-f ,r,`( , 2009, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as
follows:
1. Mother, Gayle Helton shall have sole legal custody of Maddison Miranda
Helton, born June 6, 2002 and Emelia Monica Helton, born June 3, 2004.
2. Mother shall have primary physical custody of the'children.
3. Father shall have periods of partial physical custody as agreed by the
parties.
4. Neither party may remove the children from the jurisdiction without prior
Order of Court.
5. This Order is entered pursuant to a Custody Conciliation Conference. The
parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
BY THE COURT,
cc: fdayle Helton, pro se
? 160 Limekiln Road
Carlisle, PA 17015
ussell Helton, pro se
No. GW5773 SCI Greene y
175 Progress Avenue
Waynesburg, PA 15370
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
J.
9
max. 4 =z
1 t L.y;
yI ?11
?
C-
GAYLE HELTON,
Plaintiff
V.
RUSSELL HELTON,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2009-1144 CIVIL ACTION - LAW
: IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following
report:
1. The pertinent information concerning the Children who are the subject of
this litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Maddison Miranda Helton June 6, 2002 Mother
Emelia Monica Helton June 3, 2004 Mother
2. A Conciliation Conference was held in this matter on April 9, 2009, with
the following in attendance: The Mother, Gayle Helton, pro se. Although notified of the
conference, Father did not appear as he is incarcerated as SCI Greene.
3. Mother requested an Order in the form as attached.
q-9
-0 q
Date
?. v
acq ine M. Verney, Esquire
Custody Conciliator