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Home My WebLink About09-81781 98.08 Divorce [1] Complaints Under Pa. R. Civ. P. 1920.2, a divorce action may only be brought in the county in which the plaintiff or defendant resides. Six month domicile in Pennsylvania is required for at least one party. See Uniform Child Custody Jurisdiction and Enforcement Act, 23 Pa. Con. Stat. Ann. § 5401 for venue in an action for custody. The following form contains averments for all of thla ancillary claims that may be made in an action for divorce, including Equitable Distribution, Alimony, Child Support, Counsel Fees, Costs and Expenses and Custody. The practitioner should delete or strike any claims that may be inapplicable. FORM 98.08-1 Complaint in Divorce (Caption) IN THE COURT OF COMMON PLEAS OF Cu w? her I an ® COUNTY, PENNSYLVANIA w,li.om Swei+ber Plaintiff v No. b ?I ?l7? ( l.rir l Cc N• 6ren swe,'? mac" Defendant COMPLAINT IN DIVORCE 1. Plaintiff is fi/ji.,,en %je.'A- ry who currently resides at Caymw R; II in County of vr?,6er jrinvQ State of Pe. vant r 2. Defendant is Karc n 5(1e '. +-erwho currently resides at i-rio'tl V M&,,ke+ sr in LPws6vr? Countyof Qn?on Stateof Penns?l n,? 3. W.11.6m Jule ? f ter has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 11A day of A)Oyem -' , 291 HI , at IAULAin4iyn , State of Penn I?rmac; Attached hereto and marked Exhibit "A" is a true and cor ect copy of the marriage certificate. • The prior paragraphs of this Complaint are incorporated herein by reference thereto. • Defendant has committed cruel and barbarous treatment, and endangered the life and health of the Plaintiff. • This action is not collusive as defined by Pa. Cons. Stat. § 3309. WHEREFORE, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Pa. Cons. Stat. § 3301(a)(3). COUNT Request for a fault divorce under Pa. Cons. Stat. § 3301(a)(4): • The prior paragraphs of this Complaint are incorporated herein by reference thereto. • Defendant has knowingly entered into a marriage with Plaintiff while Defendant was still married. • This action is not collusive as defined by Pa. Cons. Stat. § 3309. WHEREFORE, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Pa. Cons. Stat. § 3301(a)(4). COUNT _L?_ Request for a fault divorce under Pa. Cons. Stat. § 3301(a)(5): • The prior paragraphs of this Complaint are incorporated herein by reference thereto. • Defendant has been sentenced to imprisonment for a term of more than two years after having been convicted of committing a crime. WHEREFORE, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Pa. Cons. Stat. § 3301(a)(5). COUNT I Request for a no-fault divorce under Pa. Cons. Stat. § 3301 1 : • The prior paragraphs of this Complaint are incorporated herein by reference thereto. • The marriage of the parties is irretrievably broken. WHEREFORE, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Pa. Cons. Stat. § 3301. COUNT `5 Request for equitable distribution of marital property under Pa. Cons. Stat. § 3502(a): • The prior paragraphs of this Complaint are incorporated herein by reference thereto. • Plaintiff requests the Court to equitably divide, distribute or assign the marital property • Plaintiff is unable to pay his/her counsel fees, costs and expenses and defendant is more than able to pay them. • Defendant is employed and has the ability to pay Plaintiffs counsel fees, costs and expenses. • Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, plaintiff requests that, after final hearing, the Court order defendant to pay plaintiffs reasonable counsel fees, costs and expenses. WHEREFORE, plaintiff respectfully requests that, pursuant to Pa. Cons. Stat. §§ 3104(a)(1), 3323(b), 3702 and 4351(a), the Court enter an order directing defendant to pay plaintiffs reasonable counsel fees, costs and expenses. COUNT 1?9- Request for approval of any settlement agreement and incorporation thereof in divorce decree under Pa. Cons. Stat. §§ 3104(a)(1) and (3) and under Pa. Cons. Stat. § 3323(b): The prior paragraphs of this Complaint are incorporated herein by reference thereto. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. • While no settlement has been reached as of the date of the filing of this Complaint, plaintiff is and has always been willing to negotiate a fair and reasonable settlement of all matters with defendant. • To the extent that a written settlement agreement might be entered into between the parties prior to the time of hearing on this Complaint, plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, if a written settlement agreement is reached between the parties prior to the time of hearing on this Complaint, plaintiff respectfully requests that, pursuant to Pa. Cons. Stat. §§ 3104(a)(1) and (3) and under Pa. Cons. Stat. § 3323(b), the Court approve and incorporate such agreement in the final divorce decree. Attorney(s) for Plaintiff VERIFICATION TO COMPLAINT IN DIVORCE Plaintiff verifies that the statements made in this Complaint in Divorce are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. Stat. Cons. § 4904, relating to unsworn falsification to authorities. [Name] Date: Footnotes for 98.08-1 1 This form, which was drawn from Pennsylvania Domestic Relations Forms (Matthew Bender), can be used for under Pa. Cons. Stat. §§ 3301(c) or (d). ? I IILC 2009 NOV 24 Fh 2: 4 3 CJP?: .?,.a?ti 4 Y J -Yj". D 9. Y 1 7 F ('(?;! e" -- FORM 103.01-9.1 Affidavit in Support of Petition for Leave to Proceed in Forma Pauperis (Official Form) 1. (Caption) AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. 1 am the (plaintiff defendant) in the above matter, and because of my financial condition am unable to pay the fees a costs of prosecuting or defending the, action or proceeding. 2. 1 am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. ' 3. 1 represent that the information below relating to my ability to pay the fees and costs is true and Correct: (a) Personal Information. Name: Address: 9.C. -I CG1 m e &Y. goo Cos,( 111 o l QA . 1700 (b) Employment. If you are presently employed, state: Employer: Sc ..-1. CG me R:1% o a ? Address: asvo i.,i b u.h fS 0 ,.,,4 N; q PA 17 . Salary or wages per month: 'YL10 Type of work: P_ M S3 If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: (c) Other income within the last twelve months. Business or profession: ? 11A Other self-employment: 'IV I(A Interest: iU JA Dividends: /tj 14 (f) Debts and obligations. Mortgage: Rent: Loans: Other: (g) Persons dependent upon you for support. (W ife)(Husband) Name: KCA re4l 5 W C J -2e Children, if any: Name and age: Other persons: Name: Relationship: 4. 1 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. 1 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: I!"'?s oq Petitioner-' Footnotes for 103.01-9.1 1. See Pa. R. Civ. P. No. 240. RLEL- '.!r F7 P -7 of Y ' ? 2039 NOV 24 Fl, 2: 4;3 ily .~ WILLIAM SWEITZER, PLAINTIFF V. KAREN SWEITZER, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-8178 CIVIL TERM ORDER OF COURT AND NOW, this day of November, 2009, the petition of William Sweitzer to proceed in a divorce action in Cumberland County in forma pauperis, based upon his being an inmate in the State Correctional Institution at Camp Hill, when his wife Karen Sweitzer is a resident of Union County, IS DENIED. ~illiam Sweitzer, GB2418, Pro se SCI Camp Hill Box 200 Camp Hill, PA 17001 :sal ~O n~,~. c ~r ,,~3~~~ =~ By the Cow Edgar . Bayle , J. David D. Buell Prothonotary XirkS. Sohonage, ESQ Soricitor &nee T, Simpson 15` Deputy Prothonotary Irene E. Morrow 2nd Deputy Prothonotary Office of the Prothonotary Cumber(and County, (Pennsyfvania h9a 6101IR CIVIL TERM ,low ORDER OF TERMINATION OF COURT CASES AND NOW THIS 30TH DAY OF OCTOBER, 2012, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P. 230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY