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Home My WebLink About01-0235IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN M. FL1CKINGER, Plaintiff BARRY E. FLICKINGER, Defendant : No. .. .. : IN DIVORCE .. Civil Term NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VE BEENSUED 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 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, 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 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 (717) 249-3166 Le han demandado 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 partir de la fecha de la demanda y la notificacion. Usted debe presentar una apadencia escrita o en persona o por abogado y archivar en la cone en forma escrita sus defensas o sus objeciones a las demandas en contra suya. 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 en la peticion do demanda. USTED PUEDE PERDER 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 OFIC1NA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO 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 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. Cumbedas~d County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN M. FLICKINGER, Plaintiff Vo BARRY E. FLICKINGER, Defendant N O/ _. : : IN DIVORCE .. Civil Term COUNT I COMPLAINT UNDER SECTION 3301(c)and(d) OF THE DIVORCE CODE AND NOW comes ANN M. FLICKIN~ER, by and through her attorney, Maryann Murphy, Esquire of MidPenn Legal Services, who respectfully avers as follows: 1. Plaintiff is ANN M. FLICKIN~ER who resides at 77 Betty Nelson Court, Lot #103, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is BARRY E. FLICKIN~ER who is currently incarcerated at the Cumberland County Prison, 1101 Claremont Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 18, 1988 in Dauphin County, Pennsylvania. 5. Plaintiff and Defendant separated in or around July of 1997 and have continued to live separate and apart for a period of more than two (2) years. 6. There have been no prior actions for divorce or for annulment between the parties. 7. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 10. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. 11. averments contained in Count I of 12. Plaintiff avers that COUNT II COMPLAINT UNDER SECTION 3301(a) (6) OF THE DIVOKCE CODE Plaintiff hereby incorporates by reference all of the spouse and that the Defendant has offered such indignities this Complaint. she is the innocent and injured to the Plaintiff so as to render her condition burdensome. 13. This action is not collusive. intolerable and life ~;ItEREFORE, Plaintiff requests this Honorable Court to enter a Decree dissolving the marriage between the Plaintiff and the Defendant. Respectfully submitted, Maryann ~4urphy, Esquir~ MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff AFFIDAVIT I, ANN M. FLICKIN~ER, verify that the statements made in the foregoing Complaint in Divorce 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 unsworn falsification to authorities. ANN M. FLICKIN~R IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN M. FL1CKINGER, Plaintiff BARRY E. FLICKINGER, Defendant : No. : IN DIVORCE _. Civil Term NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT OF PLAINTIFF UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in or around July of 1997 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. ! 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 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 UNSWORN FALSIFICATION TO AUTHORITIES. Date ANN M. FLICKINGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN M. FLICKINGER, Plaintiff BARRY E. FLICKINGER, Defendant : No. : : IN DIVORCE .. Civil Term CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that a true and correct copy of the within Complaint in Divorce and the Affidavit of Plaintiff Under Section 3301(d) of the Divorce Code were served upon the Defendant, BARRY E. FLICKINGER, by the Sheriff of Cumberland County, Pennsylvania at the following address: Barry E. Flickinger Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 Respectfully submitted, MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW ANN M. FLICKINGER, Plaintiff BARRY E. FLICKINGER, Defendant :NO. ',; 35- : IN DIVORCE ; : Civil Term PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, ANN M. FLICKINGER, Plaintiff, to proceed in forma pauperis. I, Maryann Murphy, Esquire, of MidPenn Legal Services, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL ACTION - LAW ANN M. FLICKINGER, : Plaintiff : BARRY E. FLICKINGER, Defendant NO. IN DIVORCE Civil Term AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am ANN M. FLICKINGER, 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: Address: (b) Social Security Number: If you are presently employed, state Employer: N/A Address: N/A Salary or wages per month: Type of work: ANN M. FLICKINGER 77 Betty Nelson Ct., Lot #103, Carlisle, PA 17013 180-56-4228 N/A N/A N/A If you are presently unemployed, state Date of last employment: N/A Salary or wages per month: N/A Type of work: N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: ~0- Dividends: ~0- Pension and annuities: -0- Social Security benefits: SSA - $471.00 Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: $296.00 Other: -0- (d) Other contributions to household support (Wife)(Husband) Name: N/A If your (husband) (wife) is employed, state Employer: N/A SSI-$88.00 Salary or wages per month: N/A Type of work: N/A Contributions from children: -0- (e) Property owned Cash: $60.00 Checking Accoum: $136.00 Savings Account: $100.00 Certificates of Deposit: -0- Real Estate (including home): -0- Motor vehicle: Make Buick Year Cost Gift Amount owed -0- Stocks; bonds: -0- Other: -0- (f) Debts and obligations Mortgage: Rent: $158.00 Loans: -0- Monthly Expenses: Approxhuately $775.00 1988 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: Daniel Age: 7 years Name: Luke Age: 5years 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 unsworn falsification to authorities. Date.~. L~ ) ~ ~, ANN M. FLICKINGER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN M. FLICKINGER, Plaintiff BARRY E. FLICKINGER, Defendant No. 2001-235 Civil Term IN DIVORCE AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on February 8,2001, I sent by U.S. first class mail, certificate of mailing, the Notice of Imention to Request Entry of Section 3301(d) Divorce Decree and Counter-Affidavit Under Section 3301 (d) of the Divorce Code to the Defendant, BARRY E. FLICKINGER, at the following address: Barry E. Flickinger Cumberland County Prison 1101 Claremont Road Carlisle, PA 17013 3. That more than twenty (20) days have expired since the Notice of Intemion to Request Entry of Section 3301 (d) Divorce Decree and Counter-Affidavit Under Section 3001 (d) of the Divorce Code were mailed to Defendant as evidenced by the certificate of mailing which is u.s. FESTAL SERWCE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR iNSURANCE -- POSTMASTER PS Form 3817, Mar. 1989 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN M. FLICKINGER, Plaintiff BARRY E. FLICKINGER, Defendant : No. 2001-235 Civil Term .. : IN DIVORCE ,. AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on January 12,2001, the Defendant was served with a Complaint in Divorce by Sheriff at the Cumberland County Prison. A copy of the Sheriff's return, attesting to the Defendant's receipt of the Complaim, is attached hereto. Maryann ~urphy, Esquire' MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 SHERIFF'S RETURN CASE NO: 2001-00235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERIJkND FLICKINGER ANN M VS FLICKINGER BARRY E - REGULAR DAWN L. KELL , Cumberland County,Pennsylvania, Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the 12th day of January , __ says, the within NOTICE & COMPLAINT FLICKINGER BARRY E DEFENDANT , at 0010:55 HOURS, on the 1101 CLAREMONT RD by handing to at CUMBERLAND COUNTY PRISON CARLISLE, PA 17013 BARRY E. FLICKINGER together with a true and attested copy of NOTICE & COMPLAINT IN DIVORCE 2001 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 1S.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this _ day of A.D. R. Thomas Kline By: Deputy Sheriff Prothonotary SHERIFF'S RETURN - CASE NO: 2001-00235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERI~AND FLICKINGER ANN M VS FLICKINGER BARRY E REGULAR DAWN L. KELL , Cumberland County,Pennsylvania, says, the within NOTICE & COMPLAINT FLICKINGER BARRY E DEFENDANT , at 0010:55 HOURS, at CUMBERLAND COUNTY PRISON CARLISLE, PA 17013 BARRY E. FLICKINGER a true and attested copy of NOTICE & COMPLAINT IN DIVORCE Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 12th day of January , 2001 1101 CLAREMONT RD by handing to together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 3.10 Affidavit .00 Surcharge 10.00 .00 31.10 Sworn and Subscribed to before me this ~z~ day of ~.~. ~/~ / A.D. 9z%thonotary ~ ' So Answ~ R. Thomas Kline 01/16/2001 By: Deputy Sheriff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN M. FLICKINGER, Plaintiff BARRY E. FLICKINGER, Defendant : No. 2001-235 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 divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301(d~ of the Divorce ~od~. Date and Manner of service of the Complaint: Personal service by Sheriff at Cumberland Count'/Prison on January 12, 2001. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consem required by Section 3301(c) of the Divorce Code: by Plaintiff, _N/A; by Defendant, N/A. (b)(1) Date of execution of the Plaintiff' s Affidavit required by Section 3301 (d) of the Divorce Code: January 4, 2001. (2) Date of filing and service of the Plaimifg s Affidavit upon Defendant: date of filing - January 11, 2001; date of service - January 12, 2001. 4. Related claims pending: There are no outstanding claims. 5. Complete either paragraph (a) or (b), (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record: certificate of mailing on February 8~ 2001. (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: N/.A.. (c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: N/A. Plaintiffs Social Security Number: 180-56-4228 Defendant' s Social Security Number: 196-48-3633 aryann tvt,rphy, Esquire [ MIDPENN LEGAL SERVICES 8 lrvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 IN THB'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN M. FLICKINGER, Plaintiff BARRY E. FLICKINGER, Defendant No. 2001-235 IN DIVORCE Civil Term NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE TO: BARRY E. FLICKINGER, DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or iile a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or after March 5, 2001 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 fight to ask for economic relief. The filing of the form counter:affidavit alone does not protectyour 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 TIlE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ANN M. FLICKINGER, Plaintiff BARRY E. FLICKINGER, Defendant No. 2001-235 IN DIVORCE Civil Term COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the enWy of a divorce decree. (b) I do oppose the entry of a divorce deerec because (check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) 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 ifI 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 all of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intemion to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject of the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Date: BARRY E. FLICKINGER NOTICE: IT YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. IN THE COURT OF COMMON ANN M. FLICKINGER, Plaintiff OF CUMBERLAND COUNTY STATE OF ,~ ~,~ ~,,~. PENNA. N O. 2001-235 PLEAS Civil Term VERSUS BARRY E. FLICKINGER, Defendant DECREE IN DIVORCE AND NOW, DECREED THAT AND ANN M. FLICKINGER BARRY E. FLICKINGER 2001 , IT 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; There are no outstanding claims. 8Y TH COU~~~/ ATTEST: /~~'~P ROT H O NOTARY