HomeMy WebLinkAbout01-7019LESLIE A. LOMAX
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT LEE LOMAX
Defendant
CIVIL ACTION - LAW
IN DIVORCE
: NO. ~/- ?o/~ 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 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
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.
LESLIE A. LOMAX
Plaintiff
ROBERT LEE LOMAX
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: IN DIVORCE
:
:
: NO. ct- 'Telq CIVIL TERM
COMPLAINT UNDER SECTIONS 3301(c), 3301(d),
AND 3301(a)(5) OF THE DIVORCE CODE
The plaintiff, Leslie A. Lomax, by and through her attorneys, the Family Law Clinic, avers
the following:
1. Plaintiff is Leslie A. Lomax, who currently resides at 825 Market Street, 2~ Floor
Front, Lemoyne, Ctunberland County, Pennsylvania, since June 2000.
2. Defendant is Robert Lee Lomax, who is currently incarcerated at Graterford State
Correctional Institution, P.O. Box 244, Graterford, Montgomery County, Pennsylvania, since
August 1999.
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 December 31, 1996 in Hanover, York
County, Pennsylvania.
5. Plaintiff and defendant have lived separate and apart since August 1999.
6. There have been no prior actions of divorce or tbr annulment between the parties.
7. The marriage is irretrievably broken.
8. On August 2, 1999, Defendant pled nolo contendere to the crane of possession of
cocaine with intent to deliver and was sentenced to imprisonment in a State Correctional
Institution for a period of not less than three years nor more than six years. A true and correct
copy of the sentencing Order of Court is attached hereto as Exhibit A, and incorporated herein
by reference.
9. 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.
WHEREFORE, plaintiff requests the court to enter a decree in divorce dissolving the
marriage.
D~te: /.~ -L5 - 01
KarenJL. Kurts - '
Certified Legal Intern
PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 N. Pitt Street
Carlisle, PA 17013
(717) 243-2968
VERIFICATION
I verify that the statements made in the foregoing Divorce 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 unsworn
falsification to authorities.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
IN THE COURT OF COF~4ON PLEAS OF ADAMS
Criminal
Coff~onwealth vCC- 91- 99 ~C- 157- 99 ~C- 158 - 99
vs. ,,cc-159-99 c- 58-99 c- 59-99
Rot~rt Lee Lomax ~CC-659-99 ~C-660-99 CC-661-99~~'
a6c-66 -99
ORDER OF COURT
AND NOW, this 2ndday of August, 1999, the
Defendant appeared with counsel fOr sentencing on charg~ofl
possession of cocaine with intent to deliver. The pleas of
nolo contendere were entered on July 26, 1999, pursuant to a
plea arrangement.
As part of the costs in each and every one of
these cases there will be a $90 lsboratoryuser fee. As
part of the costs there will be fees for reimbursement or
charges for reimbursement for purchase money advanced.
Those costs are as follows: The reimbursement figures are
all payable to Adsms County Drug Task Force and are as
follows: 458, $100. 459, $380. 158, $100. 159, $100.
659, $100. Reimbursement in 661 and 662 are due to the
Pennsylvania State Police and are each in the sum of $100.
As part of the plea arrangement, the money seized
by the police in MC-28-99 is forfeited to the usg of the
County of Adan%~ specifically the Adams County Drug Task
Force.
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
There is the right of contribution as far as the
payment of the sums allocated as costs as follows:., 660-99~?~
contribution from one co-defendant for the payment of a
laboratory user fee. 661 and 662, contribution from one
co-defendant in both the payment of the laboratory user fee
and the reimbursement for purchase price.
Pursuant to a plea arrangement, the sentence of
the Court on each and every charge is that effective
December 9, 1998, the Defendant shall undergo an
ir~prisonment in such State Correctional Institution as may
be designated by the Deputy Co~ssioner for Treatment,
Department of Corrections, for a term of not less than three
years nor more than six years. The Defendant shall be boot
camp eligible. He is directed to pay the costs including
the laboratory user fees and reimbursements specified in
this order. All fees and charges imposable by law and a
fine of $100 on each and every charge. Byway of
clarification, the total of fines is $1,000.
The Defendant shall be taken to the Diagnostic and
Classification Center at Camp Hill for purposes of
effectuating these sentences. Ail sentences shall run
concurrently.
At the expiration of the appeal period, the
CoL~onwealthmay destroy the contraband seized without
further order of Court. A certification of destruction will
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
be promptly filed in the Clerk of Courts office.
BY THE COURT,
Roy A. Keefer, Esq.
Oscar F. ~lc r~~.J.
rhs
State of Pennsylvania
County of Adams
This is ~ true c~p¥ ta!~en h'~rn ~nd compared
with the orificial. V/i';'r~e~ ~W h~nd and~eal
(D~puty) Cler~ud~
Deputy Clerk af Courts
My Commission Expires on the
First Monday in January, 2002.
LESLIE A. LOMAX
Plaintiff
V.
ROBERT LEE LOMAX
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
: IN DIVORCE
:
:NO. ot-7olq CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PALrpERIS
To the Prothonotary:
Kindly allow Leslie A. Lomax, Petitioner, to proceed in forma pauperis.
I, Karen L. Kurts, of the Family Law Clinic, Certified Legal Intern, for the party
proceeding in form pauperis, certify that I believe the party is unable to pay the costs and that
I am providing free legal service to the party.
Date:
Ka~el~ L. Kurts /
Cer._tified~ ~'~- Legal Intem~
~),(AS M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Attorneys for Plaintiff
LESLIE A. LOMAX
Plaintiff
ROBERT LEE LOMAX
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
NO. 01-7019 CIVIL TERM
NOTICE TO DEFENDANT
If you wish to deny any of the allegations set forth in this affidavit, you must file a
counter-affidavit 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 TI~ DIVORCE CODE
1. The parties to this action separated in August of 1999, 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 m~tde 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
unswom falsification to authorities.
~ L~lie A. Lomax /
LESLIE A. LOMAX
Plaintiff
ROBERT LEE LOMAX
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
: NO. 01-7019 CIVIL TERM
RETURN OF SERVICE
I, Kevin J. Price, a competent adult, hereby certify that I served a tree and correct copy of
the Divorce Complaint, Notice to Defend, and Plaintiff's Affidavit on Robert Lee Lomax,
Defendant, by personally handing the document to him at the Graterford State Correctional
Institution, P.O. Box 244, Graterford, PA 19426-0246. Service was complete upon receipt by
Robert Lee Lomax on the fi7 day of December, 2001 at ~/~r-(J /ff. m.
RECEIVED JAil
LESLIE A. LOMAX : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT LEE LOMAX
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NO. 01-7019 CIVIL TERM
ACCEPTANCE OF SERVICE
AffidamI. t.accept service of the attached Divorce Complainti~/~e to Defend, anTntiff's
LESLIE A. LOMAX
Plaintiff
ROBERT LEE LOMAX
Defendent
:IN THE COURT OF COMMON PLEAS OF
:CUMBERLAND COUNTY, PENNSYLVANIA
:
:CIVIL ACTION - LAW
:IN DIVORCE
:NO. 01-7019
CERTIFICATE OF SERVICE
I, Georgina A. Howells, a Certified Legal Intern, hereby certify that on April 3, 2002, I
served copies of the Praecipe to Transmit Record and the Divorce Information Sheet under
Section 3301(d) of the Divorce Code on Robert Lee Lomax, SCI Graterford, P.O. Box 244,
Graterford, Pennsylvania, 19426-0246, by regular first class United States Mail. J -
I Geor~ina A. ¥owells' - -
C~ed L~g/1 Intern
LESLIE A. LOMAX
Plaintiff
ROBERT LEE LOMAX
Defendent
:IN THE COURT OF COMMON PLEAS OF
:CLqVIBERI.AND COUNTY, PENNSYLVANIA
:CIVIL ACTION - LAW
:IN DIVORCE
:NO. 01-7019
PRAECI~E TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the court for entry
of a divorce decree:
Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code.
Date and manner of service of the complaint: December 27, 2002, by personal service as
set forth in the Return of Service filed on January 11, 2002.
Date of execution of the Plaintiffs Affidavit required by § 3301 (d) of the Divorce Code:
December 20, 2001; Date of service of the Plaintiff's Affidavit upon the Defendant:
December 27, 2001.
Related claims pending: NONE
Date and manner of service of the notice of intention to file praecipe to transmit record, a
copy of which is attached: First Class United States mail on April 3, 2002.
(Get ~gin~_.~3 i-Iowells
,d Legal Intern
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
iN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
?,R.qLIE A. LOMAX,
Plaintiff
VERSUS
Defendant
PENNA.
No. 7019
AND NOW,
DECREED THAT
AND Robert Lee Lomax
DECREE IN
Leslie A. Loma×
, PLAINTIFF,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, DEFENDANT,
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;
None.
o
LESLIE A. LOMAX,
Plaintiff
ROBERT LEE LOMAx,
Defendent
:/N THE COURT OF COMMON PLEAS OF
iCUMBERLAND COUNTy, PENNSYLVAN/A
:CIVIL ACTION _ LAW
:/N DIVORCE
..
:
:NO. 01-7019
NOTICE OF ELECTION TO RETAKE FO~RMER NAME
Notice is hereby given that Plaintiff in the above captioned matter, having been granted a
Fina/Decree in d/vorce from the bonds ofmat~nony on Apr//15, 2002, hereby elects to retake
and hereafter use her previous name of Leslie Honaker and gives this wr/tten Notice avowing her
· ' ' with
mtentlon m accordance the provisions~~ §704.
Wishes to be known as:
COMMONWEALTH OF PENNSYLVANIA :
COUNTy OF CUMBERLAND :
· SS.
On this _~y of Jtme, 2002, before me, a Notary Public, persona/ly appeared Leslie
A. Lomax, known to me to be the person whose name is subscr/bed to
acknowledged that she executed the foregoing for the within
the purpose therein contained, document, and