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HomeMy WebLinkAbout04-2378IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff Defendant :No. : IN DIVORCE Civil Term NOTICE TO DEFEND AND CLAIM RIGHTS YOUHA VE 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 fights important to you, including custody or visitation of your children. When the ~ound 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, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIlE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAIGE 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 2 Liberty Avenue Carlisle, PA 17013 (7.17) .~ .4.-9-'3166 Ee hah demandado austed a la cone. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificaeion. Usted debe presentor uno apariencia escrita o en persona o por abogado y arehivar en la corte en forma eserita~Us defensas o sus objeciones a las demand,as en contra suya.~· Se has avisado que si usted no se defienda, la corte tomara medidas y puede-entrar uno orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la petition do demanda. USTED PUEDE PEP-DER DINERO O PROPIENDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue 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 accessil~le 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Plaintiff V. ~sm~ml %/e~o ~c. Defendant IN THE COURT OF COMMON PLEAS OF COlVIBERLAND COUNTY PENNSYLVANIA : : No. 04- Civm TERM : : IN DIVORCE COMPLAINT UNDER ~3301(c) or (d) OF THE DIVORCE CODE Plaintiff is C~/~[PF ~-_~t~j'~ '-T~[~c2~) , who currently resides at Cumberland County, Pennsylvania. Defendant is ~'%fr~/ --/'dkdib -~J"- , who currently resides at pr+ 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on //~b./q/ ]~' at 5. The marriage is irretrievably broken, and the parties separated on 6. There have been no prior actions of divorce or annulment between the parties. 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. 8. Plaintiffhas been advised of the availability of counseling and that Plaintiffmay have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiffrequests the Court to enter a Decree of Divorce. ela~t~4r~o ~~~ , verify that the statements made in this Complaint are tree and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unswom falsification to authorities as provided in 18 Pa. C.S. §4904. Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 IN TI4_.E 'COURT OF COMMON PLEAS OF CUMBEP. LA_ND COI. FNTY, PEi',rNSYLVANIA CIVIL ACTION - LAW Plaintiff Defendant : No. Oq- D.37~ Civil Term · NOTICE TO DEFE~ .~ CL~ ~GHTS YOUI-L4 VE BEENSUED .FAr 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 ~onnd for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A Iist ofmanSage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, t Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FIlE -4. CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIlE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTlt BELOW TO FIND OUT WI[ERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 ,(7.17.),.~.-3 J: ~6 Ee hen demaudado a usted a la cone. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene Veinte (20) dias de plazo al panir de la fecha de la demanda y la notificacion. Usted debe presenter una apariencia escrita o en persona o pot contraab°gad°suya, y archivar en la corte en forma cscrita~?!: defenses o sus objeciones a las deman? en Se has avisado que si usted no se defienda, la corte tomara medidas y puede' entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido ¢n la peticion do demanda. USTED PUEDE PEP-DER DINERO O PROPIENDADES O OTROS DEi~CHO$ IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue 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 accessi61e facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All etrramgements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Plaintiff : : V. : Defendant : INDIVORCE IN THI{ COURT OF COIvI1VION PLEAS OF CUMBBRLAND COUNTY PENNSYLVANIA No. 04- Crv~L T~RM COMPLAINT UNDER {3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiffis ~a/2~/0'/~-oi'~ Wc, ledn , who currentlyresidesat Cmberl~d Co,W, Pe~sylvania. 2. Defendant is ~%~( ~6P~ ~ who c~ently resides at 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing ofthls Complaint. 4. Plaintiff and Defendant were married on 5. The marriage is irretrievably broken, and the parties separated on 6. There have been no prior actions of divorce or annulment between the Parties. at 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the U~ited States of Amefica, but is in fact living at the address given in Paragraph 2 above. 8. Plainfiffhas been advised of the availability of counseling and that Plainfiffmay have the fight to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. , verify that the statements made in this Complaint are tree and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unswom falsification to authorities as provided in 18 Pa. C.S. §4904. Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 Plaintiff V. el '78le Defendant IN THE COURT OF COMMON PLEAS OF CLrMB~RLAND COUNTY PENNSYLVANIA No. 04- ~ Civm T~P.M IN DIVORCE PETITION TO PROCEED IN FORMA PAUPERIS her behalf, I, Jessica Diamondstone, attorney for MidPenn Legal Services, do hereby certify that the Petitioner is indigent according to the poverty guidelines of MidPenn Legal Services. MidPenn Legal Services is assisting the Petitioner in filing a divorce casepro se. The Petitioner's Financial Affidavit showing inability to pay the costs of litigation is attached hereto. Petitioner requests leave to proceed without payment of fees or costs. stone, Attorney MidPenn Legal Services Pro Se Divorce Clinic 8 Irvine Row Carlisle, PA 17013 IN THE COURT OF COMMON PLEAS OF VS. Plaintiff Defendants CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- : : IN DIVORCE CIVIL TERM AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending~ or appealing 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 If you are presently employed, state Employer: Employer's Address: Salary/Wages per month: Type of Work: Page If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability payments: Unemployment compensation and~.~ supplemental benefits: ~ 1 Workman's compensation: / Public Assistance: / Other: ] IFP Page3 (d) (e) Other contributions to household support (Wife)(Hnsband) Name: J~[~ If your (husband) (wife) is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: ,,~ Property owned Cash: Savings Accoun '~1 0 ~ Certificates of Deposit: Real Estate (including home): Motor vehicle: Make ~lrU>ol~ear Cost Stocks; bonds: Other: (f) Debts and obligations Mortgage: Rent: Loans: Amount owed (g) Persons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: '5 rgaU,' r ^ge: 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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 tm. sworn falsification to authorities. Page4 Carla L. Toledo, Pla'mtiff IN THE COURT OF COMMON PLEAS OF CLIMBERLAND COUNTY PENNSYLVANIA No. 04-2378 CML TERM IN D1VORCE Ismael Toledo Jr., Defendant ACCEPTANCE OF SERVICE I, Ismael Toledo Jr., accepted service of a true and correct copy of the Complaint in Divorce under section 3301 (c) of the Divorce Code on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. Carla L. Toledo, Plaintiff IN THE COURT OF COMMON PLEAS OF CIYMBERLAND COLrNTY PENNSYLVANiA No. 04-2378 CIVIL TEm~ Ismael Toledo, Jr., Defendant IN DIVORCE A__FFIDAVIT OF SERVICE F~OR PERSONAL SERVICE I, ~aF4/~ %/la~a9 ' d° hereby swear that l have served lsmael Toledo Jr. with a Divorce Complaint under Section 3301(c) of the Divorce Code by personally handing him a copy at "~C'x'(~, ~. ~ ~ c (~et ~N~umberr~ld~Address) ~ (City) ' (Sm ) t~ U~ " F' ' _ o/ aayot~~ ~ (t~e) ~ · /] (D~te) ~) ,20~ (Nme of persg~ ~ho ~o~d se~ice ~y at ~e statements made in Els ) Affidavit of Service is ~e ~d correct. I unders~d ~t f~se s~tements herein ~e ~de subject to ~e pemlties of 18 Pa.C.S. Section 4904 relating to unswom falsification to au~orities. Carla Lewis Toledo, Pla'mtiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-2378 CW~L TEPdvt Ismael Toledo Jr., Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) ofthe Divorce Code was filed on May 26, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety 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 divorce. 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. Section 4904 relating to unswom falsification to authori/~/ /~ t/, Date: f- q-t~ ¢ Signature~~ ~o, Pla~J-~ Carla Lewis Toledo, Plaintiff Ismael Toledo Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-2378 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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 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: ?-'~ ~0/ Signature~ ~ ff~_ Ismael Toledo Jr., Defendant,// Carla Lewis Toledo, Pl~(mtiff IN TIrE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-2378 CIVIL TERM IsmaelToledoJr., Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 26, 2004. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of divorce. 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. Section 4904 relating to unswom falsification to authorities. Date: Ismael Toledo Jr., Defendant~/ Carla Lewis Toledo, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-2378 CIVIL TERM Ismael Toledo Jr., Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that 1 may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI 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 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. Clffla Le~iigToledo, Plaintiff Carla Lewis Toledo, Plaintiff V. lsmael Toledo, .Ir., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLA~XrD COUNTY PENNSYLVANI^ NO. 04-2378 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divome decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant signed Acceptance and Acknowledgment of Service form on May 31, 2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, September 9, 2004; by Defendant, September 9, 2004. 4. Related claims pending: There are no outstandine claims. 5. (a) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 28, 2004. (b) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: September 28, 2004. Plaintiff's Social Security Number: 424-94-1464 MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 CARLA LEWIS TOLEDO PLAINTFF IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. ISMAEL TOLEDO, JR, Defendant PLEAS N O. 04-2378 CIVIL DECREE IN DIVORCE DECREED THAT CARLA LEWIS TOLEDO AND ISMAEL TOLEDO, JR. IS ORDERED AND PLAINTIFF~ DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY T H~Co U RT: .- ATTE J. ~ ~' I PROTHONOTARY'