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HomeMy WebLinkAbout09-2184Anita Ellis, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE Joseph Ellis, Sr. Defendant :NO. 09- di 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. Anita Ellis, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Joseph Ellis, Sr. Defendant : NO. 09- ,11 P1 CIVIL TERM DIVORCE COMPLAINT The plaintiff, Anita Ellis, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. 3301(d) OF THE DIVORCE CODE 1. 2. 3. 4. 5. 6. 7. 8. Plaintiff is Anita Ellis, who currently resides at 10 Second Avenue, Wormleysburg, Cumberland County, PA 17043, since February 2009. Defendant is Joseph Ellis, Sr., who currently resides at 202 Bosler Avenue, Lemoyne, Cumberland County, PA 17043, since December 2008. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. Plaintiff and Defendant were married on February 14, 2002 at Ripley, Lauderdale County, Tennessee. Plaintiff and Defendant have lived separate and apart since April 2006. The marriage is irretrievably broken. 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. Defendant is not a member of the armed forces. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Sarah Rosko Certified Legal Intern ROBE E. 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 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 -q - - a OU q( Plainti vita ? llis FILED- -RICE OF THE IFFrOTHONOTARY 2009 APR -7 Fly 1: 50 f4 :`Y! 1A 'Y `. UNIT 5, F. 10 Anita Ellis, Plaintiff V. Joseph Ellis, Sr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 09- ,::;;7/dtl CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Anita Ellis, 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 1-11-7107 Sarah Rosko Certified Legal Intern &_nY4?u _A_t? ROBER E. RAINS 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 RED-ORACE OF THE FIRCTHMTARY 2009 APR -7 PM 1: S 1 CUM 5-.: ; .,? ::' ia,_,! UNITY f ti IIN Anita Ellis, Plaintiff V. Joseph Ellis, Sr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 09 - AN CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in April 2006, and have continued to live separate and apart for a period of at least 2 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 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?? ?? Plaint LtU e 1 ita Ellis .? ptk' OF Za09 APR -? t ? ? t Anita Ellis, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA' V. CIVIL ACTION-LAW DIVORCE Joseph Ellis, Sr., Defendant NO. 09 - 2184 CIVIL TERM CERTIFICATE OF SERVICE I, Sarah Rosko, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Joseph Ellis, Sr., residing at 202 Bosler Ave, Lemoyne, PA 17043, 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 Joseph Ellis, Sr., on the l Oth day of April 2009 as evidenced by the attached green card. Sarah Rosko Certified Legal Intern „ AnnelU*Donald-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 FILED-OFFiCE OF THE PFD T-ONOTARY 2009 APR 14 AID I I : 5 2 F?C?t4v? Ltrr.? ?i y.p 7Q$ 114,0! 0001 6165 1009 Anita Ellis, Plaintiff V. Joseph Ellis, Sr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 09 - 2184 CIVIL TERM AFFIDAVIT OF SERVICE I, Sarah Rosko, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice of Intention to Request Entry of § 3301(d) Divorce Decree and Defendant's Counter-Affidavit under § 3301(d) of the Divorce Code on Joseph Ellis, Sr., residing at 202 Bosler Ave, Lemoyne, PA 17043, by depositing a copy of the same in the United States mail first class on May 14, 2009. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. 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: s-llylo ?_ r - roc Sarah Rosko Certified Legal Intern a'tQY 2099 End' 9 L. F 1 1. 12: 22 I --ft Anita Ellis, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Joseph Ellis, Sr., Defendant : NO. 09 - 2184 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER 00301(d) OF THE DIVORCE CODE 1. 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 (1), (ii) or both) O (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 concerning alimony, division of property, lawyer's fees or expenses if T 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 ali of my economic claims with the prothonotary in writing and serve them on the other party. If I 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 delay. a . dw I verify that the statements made in this counter-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 3-- 1Z -01 k ? ? r oseph Ellis, Sr. FCFC- =F;C,E THE Pr`71 P. 1_ `„f AR 2009 HAY 26 AJ111: 24 Anita Ellis, Plaintiff V. Joseph Ellis, Sr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA; CIVIL ACTION-LAW DIVORCE NO. 09 - 2184 CIVIL TERM AMENDED CERTIFICATE OF SERVICE I, Sarah Rosko, Certified Legal Intern, Family Law Clinic, hereby amend the Certificate of Service dated April 14, 2009. I certify that I served a true and correct copy of the Divorce Complaint as well as a copy of the Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code on Joseph Ellis, Sr., residing at 202 Bosler Ave, Lemoyne, PA 17043, 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 Joseph Ellis, Sr., on the 10 h day`of April 2009 as evidenced by the green card attached to the Certificate of Service dated April 14, 2009. Date: C2 Sarah Rosko Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 THE 21-7, nu 9 N 's 28, Pi iIi H Anita Ellis, Plaintiff V. Joseph Ellis, Sr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 09- 2184 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 and separation for two years under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: United States mail, certified, restricted delivery, return receipt requested, postage prepaid addressed to Joseph Ellis, Sr. at 202 Bosler Avenue, Lemoyne, PA 17043 on April 10, 2009. (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: April 7, 2009. (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Date of filing: April 7, 2009; Date of service: April 10, 2009. 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: Service by first class mail on May 14, 2009. Date ?8/6 c `Sarah Rosko Certified Legal Intern Atu, G4t-?U?_ Robert if Rains, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire Megan Riesmeyer, Esquire Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Anita Ellis, Plaintiff V. Joseph Ellis, Sr. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 09- 2184 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: DEFENDANT 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 5, 2009, 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. IF YOU CANNOT AFFORD 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, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. FUD-OTICE CF THE PPOTNOINOTARY 2009 JUN -5 AM 10: 51 PD.IN''SYLVANIA, Anita Ellis V. Joseph Ellis, Sr. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 09 - 2184 DIVORCE DECREE AND NOW, L it n e- (t) , 2-60!1 , it is ordered and decreed that Anita Ellis plaintiff, and Joseph Ellis, Sr. , 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. Rv fha I m in el` - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff FILE NO. ?DQ?'h Z f, A VS. IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, having been granted a Final Decree in Divorce on the day of Uri C'?-- hereby elects to resume the prior surname of and gives this written notice pursuant to the provisions of 54 P.S. 704. DATE:1 Signature ?I re of ?nammebeinngg resumed COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND On the Und day of J' -,20 _1, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. K. N Pu li CtxnbsrlMd County, Carlisle, PA MY ANN E00 Qw First Monday of Jan. 2014 2011 JUL 22 PH 3. 3. CUMBERLAND u'j;- PFNNSY!_V^:Hl I u4i