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HomeMy WebLinkAbout04-2441IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : IN DIVORCE Defendant ,~-~rSt3t) /4 Civil Term NOTICE TO DEFEND AND CLAIM RIGHTS YOU I-Z4 VE BEEN SUED IN COURT. If you wish to defend against the claims set fo~h in the following pages, you must take prompt action. You are warned that if you fait 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 reliefrequested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your ch2idren. W2~en the gound for divorce is indig2ities or irretrievable breakdown of the mart/age, you may request marriage counseling. A list ofman4age counselors is available in the O~ce of the Prothonotary,, Cumberland County Courthouse, 1 Courthouse Square, Cartisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GtLa_NTED, YOU MAY LOSE TIlE RIGHT TO CL.4INI AxN-Y OF TI%EM. YOU SHOULD TAKE THIS P.~2~ER TO yOUR LAVCYER AT ONCE. IF YOU DO NOT ttAVE A LA1,VY]~R 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 Associatiou 2 Liberty Avenue Carlisle, PA 17013 (71 ?} ¢(9-3166 L~e hun demandado a us~ed a la corte. Si usted quiere d~fcnderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al pm'tLr de la fecha de la demanda y la notificacion. Usted debe presentar una aparlencia eserita o en persona o por abogado y archivar en la corte en forrna escrita sus defensas o sus objeciones a las demandas en contra suya. Se has avisado que si usted no se det~enda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la peticion do demanda. USTED PUEDE PERDER D1NERO 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 r?ICUFNTRA ESCKITA ABA JO PARA AVERIGUAR DONDE SE PUEDE CONSEGUW~ ASISTENCI,,~ LEGAL. Cumber/and County Bar Association 2 Liberty Avenue Car/isle, PA 17013 (717) 24%3166 A1V~RICANS WITH DISABILITIES ACT OF 1990 .~e Court of Common Pleas of Cumberland County is required by/aw to comply with the Amer/cans with Disabilities Act of 1990. For in.formation about accessil~le facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our ozffice. All arrangements must be made at least 72 hours prior to ~ty hearLng or business before the Court. You must attend fire scheduled Conference or Hearing. Cumberland County Bar Assoclation 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NO. 04-~qqt ClVm T~I~ Defendant ,.~,~f"t?~F~t./ /¢. INDIVORCE d ~6mv~o$ ~F~ COMPLAINT UNDER §3301(c) or (d) OF THE DIVORCE CODE 1. Plaintiffis /j~/'/~,~]4 ) i)722I, who currently resides at Cumberland County, Pennsylvania. 2. Defendant is -.~7~:n~L3~<.(~) /Lj currently resides at 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant ,vere 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 United States of America, but is in fact living at the address given in Paragraph 2 above. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiffrequests the Court to enter a Decree of Divorce. ~-ltl 1.~ 04 /'~ f~, ~ro(~S~"~ ~~ I, (3~.~7~-3~. -~.O~2 ~-~ that the statements made in this Complaint are true 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. Plaintiff, Pro Se Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : IN DIVORCE Defendant _.,~X~.< ~c5',~._~ : PETITION TO PROCEED IN FORMA PAUPER1S The Petitioner, _]~Gg ~/r/O.~ 0 {/~2cD t~t.> ~ , is the Plaintiff in this action. On the petitioner's behalf, MidPerm Legal Serv~es does 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 case pro 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. .Resj Pless~caC~~Respectfully s. itted' essica iamondstone Jennifer Hoffman Pamela G. Smith Attorneys for Plaintiff MidPenn Legal Services Pro Se Divorce Clinic 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Plaintiff NO. 04- CIVIL TERM Defendants IN DIVORCE 3 ;'~.(',L~~/7tA~F/I~ A V I T I N SUPPORT OF P_p__ETIT~ION FOR ~E~AvE TO PROCEED IN FORMA PAUPERIS : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 correct. (a) Name: (b) SociM Securi, Number: If you are presently employed, state Employer: Employer's Address: Page1 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: Worhnan's compensation: Public Assistance: Other: IFP Page (d) (e) Other contributions to household support (Wife)(Husband) Name: Salary or wages per month: Type of work: ~.Z~c~ ~:~ Contributions from children: Property owned Cash: Checking Account: Savings Account: [l~'~-.~k o~\~ Certificates of Deposit: Real Estate (including home): Motor vehicle: Make Year Cost Amount owed Stocks; bonds: Other: Page3 (f) Debts and obligations Mortgage: Rent: Loans: Monthly Expenses: Children, if any: Name: (g) Persons dependent upon you for support (Wife) (Husband) Name: Age: 4. I understand that I have a cominuing 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 tree 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: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : : Defendant FileNo. (~<~ - c>~ I IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] X prior to the entry cfa Final Decree in Divorce, or __ after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of D2x~?23~N t~q~-~ , and gives this written notice avowing his / her intention pursuant to the-m'ovisions of 54 P.S. 704. Date:/o - o~ - ~ -~Y )L/L/X~/I ?1~ ,'~ I t.x~~ Signature of nan~ beln'~ resumed com oNw m oF PENNSYLV ) country OF OntheoQ~6~ dayof ~ ,200.~(_,beforeme, the Prothonotary or the 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 hereunto set my hand and official Notary Public CLAUDIA A. BREWBAKER, NOIARY PUBLIC ~ Carlisle Boro, Cumberland County ~ My Commission Expires April 4, 2005 ] Miranda Sue Gurganious, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-2441 CIVIL TERM Jefferson H. Gurganious Jr Defendant IN DIVORCE AFFIDAVIT OF SERVICE FOR PERSONAL SERVICE I, ~ ~ ~"~ ,(~ b/~'~ , do hereby swear that I have served Jefferson H. Gurganious Jr with a Divorce Complaint under Section 3301(c) of the Divorce Code by personally handing him a copy at (City) at ~) (Time) (Street Number and Address) (State) ~3 .m. onthe ~[ (I~ate) (Zip) day of~ , 200 ~/' (Moflth) (Year) '(~¢-of pers¢n who performed service) , verify that the statements made in this Affidavit of Service is true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: Plaintiff VS. Defendants : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM ORDER OF COURT AND NOW this (o ~ day of (~,Z ,~ - ~ - __, 2004, upon consideration of the attached Petition and Affidavit, the petitioner is allowed to proceed informa pauperis. BY THE COURT, Defendant: ~ r~n. ~ t) 23Con Name- Address 17~ t/I ,Judge Miranda S. Gurganious, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-2441 CIVIL TERM Jefferson H. Jr., Defendant Gurganious IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 28, 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 Coraplaint. 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 authorities~ Date: / 0~f/0-~ Signature~ ~['"~~~ /' t ' Igli~a~d ""'-' ~"' ';'.Z. I .... "~ t ua ~. tJargamous, P~mnt~ff Miranda S. Gurganious, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-2441 CIVIL TERM Jefferson Jr., Defendant H. Gurganious IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST 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 I 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 docree will be sent to me immediately after it is filed with the Prothonotary. I verify that statements made in this affidavit are tree and correct. I understand that raise statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date:]~J/~(/'(¢~,[v/- Signature. ~/~,~0 ? ,d/,.Lg~j,o~)~~ ~ Mira~'~"S-. G~rgah~ous, P'fainti~f Miranda S. Gurganious, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 04-2441 CIVIL TERM Jefferson Jr., Defendant H. Gurganious IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on May 28, 2004. 2. The marriage ofplaintiffand 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 divome 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: [~/ I~//OC[ SignaturdJl~/-'~/ /~J ~7~~, [ /~r~ferson H. Gt~rg~s Jr., D~v Miranda S. Gurganious, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COU2CfY PENNSYLVANIA ' No. 04-2441 CIVIL TERM Jerfferson H. Gurganious Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. I consent to the entry ora final decree of divorce without notice. 2. 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. 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. Date:/0/~_~ Signature:~//~/__oq /ZT/ d.,~,~/~ ~ ~Vj~rson H. Gurgan~o~., De~ant o Miranda S. Gurganious, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL VANIA v. No. 04-2441 CIVIL TERM Jefferson H. Gurganious Jr., IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under Section 330l( c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Melissa S. Gurganious signed the Affidavit of Service for Personal Service form on May 29,2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, October 18, 2004; by Defendant, October 18, 2004. 4. Related claims pending: There are no outstanding claims. 5. (a) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 21, 2004 (b) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: October 21, 2004 Plaintiff's Social Security Number: 176-66-4721 o Defendant's Social Security Number: 206-68-8702 It ~Q" I~ Jessica Diamondstone Grace D' Alo Geoffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 ,- ......, ;-J ~l .-1 -r f,: C) 1"-.) (..,) ,,, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~:f.:+: :t;;t;;f. "':4' . . .. ... :l':+::+::+::f.:+::+::+:;+: !f.'+ <+:+: .. '. . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PEN NA. MT"RnNnA ~ ~n'Q~!..NTOT1S No. 04 7441 CIVIL TER!\ PLAINTIFF VERSUS JEFFERSON H GlJRGANTOl1S DEFENDANT DECREE IN DIVORCE AND NOW, -;...v"""r j.J -- -z.o..~ , IT IS ORDERED AND DECREED THAT MIRANDA S GURGANIOUS , PLAINTIFF, AND ,1EFFERSON H mTRr::ANTOlIS , 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 THE COURT: I '-/' A Ai An '/3, ~~- J. PROTHONOTARY . . . . . Of: +. +. +. +. Of' +. Of' '" :+::+:;f 'fi+. +':+:+'+:1':4':-1' :l' 'I' +. +. 'f. :of. :+: :+: +. ~. + . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~7 it' ~ ~7L5'o . c 5/ ;? /r~t" ~) .P';) _50' e .. .,.;. . ..