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HomeMy WebLinkAbout01-06021N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATSY R. RICE, : Plaintiff : :No. :f 7- ~/>~ V. ~ ; LEMUEL RICE, : IN DIVORCE Defendant : Civil Term NOTICE TO DEFEND AND CLAIM RIGHTS YOUHAVE 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, I 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 hah demandado a usted a la corte. Si usted quiem 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 apariencia escrita o en persona o por abogado y archivar en la corte 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 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 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 heating or business before the Cottrt. You must attend the scheduled Conference or Hearing. 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 PATSY R. RICE, : Plaintiff : :No. La/- v. _, LEMUEL RICE, : IN DIVORCE Defendant : Civil Term COUNT I COMPLAINT UNDER SECTION 3301(e) OF THE DIVORCE CODE AND NOW comes PATSY R. RICE, by and through her attorney, Maryann Murphy, Esquire of MidPenn Legal Services, who respectfully avers as follows: 1. Plaintiff is PATSY R. RICE whose current address is 408 3rd Street, Apartment B, 2. Defendant is Madrona Avenue, Tillamook, 3. Plaintiff has Commonwealth for at least filing of this Complaint. Enola, Cumberland County, Pennsylvania. LEMURL RICE whose current address is 609 Tillamook County, Oregon. been a bona fide resident in the six months immediately previous to the 4. Plaintiff and Defendant were married on July 15, Multnomah County, Portland, Oregon. 5. There have been no prior actions for divorce 1975 in or for annulment between the parties. 6. Defendant is not a member of the Armed United States of America or any of its Allies. Forces of the 7. The marriage is irretrievably broken. 8. 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. 9. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II COMPLAINT UNDER SECTION 3301(a}(6) OF THE DIVORCE CODE 10. Plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so burdensome. 12. as to render her condition intolerable and life This action is not collusive. COUNT III CLAIM FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF TEE DIVORCE CODE 13. Plaintiff hereby incorporates by reference all of the averments contained in Count I and Count II of this Complaint. 14. Plaintiff and Defendant are the owners of vehicles and other personal property acquired during the marriage which is subject to equitable distribution by this Court. 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this 16. parties' Complaint. Plaintiff requests this Court to equitably distribute the marital property. 17. averments Complaint. 18. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE Plaintiff hereby incorporates by reference all of the contained in Count I, Count II and Count III of this Plaintiff does not have sufficient funds to support herself during the pendency of this action. 19. Defendant does have a sufficient source of income to aid Plaintiff in supporting herself during the pendency of this action. 20. Plaintiff requests this Court to grant her alimony pendente lite during the pendency of this action. COUNT V CLAIM FOR ALIMONY UNDER SECTION 370! OF TEE DIVORCE CODE 21. averments contained in Count I, this Complaint. 22. Plaintiff does not have a sufficient Plaintiff hereby incorporates by reference all of the Count II, Count III and Count IV of source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage. 23. Defendant does have a sufficient source of income and earning capacity to aid Plaintiff in maintaining the standard of living enjoyed by the parties during their marriage. 24. Plaintiff requests this Court to grant her alimony to enable her to maintain the standard of living enjoyed by the parties during their marriage. WHEREFORE, enter a Decree: a. Plaintiff requests this Honorable Court to dissolving the marriage between the Defendant; and equitably distributing all property parties hereto; and Plaintiff and owned by the directin~ the Defendant to pay alimony pendente lite durin~ the pendency of this action; and ~rantin~ alimony to Plaintiff; and for such further relief as the Court may determine to be equitable and just. Respectfully submitted, Maryann Murphy, Esquire MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff AFFIDAVIT I, PATSY R. RICE, 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. Date PATSY R.~ RICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATSY R. RICE, LEMUEL RICE, Plaintiff : : No. : ._ : IN DIVORCE Defendant : Civil Term CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that a true and correct copy of the within Divorce Complaint was mailed to the Defendant, LEMUEL RICE, by first class U.S. mail, postage pre-paid, certified/restricted delivery, addressed as follows: Lemuel Rice 609 Madrona Avenue Tillaraook, Oregon 97141 and Lemuel Rice Willamina Lumber Co. 3111 3ra Street Tillamook, Oregon 97141 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 PATSY R. RICE, : Plaintiff : : NO. ?/- ~[;,.,? Civil Term LEMUEL RICE, Defendant IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, PATSY R. RICE, Plaimiff, 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. MidPerm 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 PATSY R. RICE, : Plaintiff : : NO. V. : : IN DIVORCE LEMUEL RICE, : Defendant Civil Term AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am PATSY R. RICE, 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: Address: Salary or wages per month: Type of work: cashier PATSY R. RICE 408 3~a Street. Apt. B. Enola, PA 17025 540-66-7400 Joann's Fabric & Crafts 3350 Paxton Street. Harrisburg. PA $282.00 If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: N/A N/A N/A N/A (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: Pension and annuities: -0- Social Security benefits: -O- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Worlcman's compensation: -0- Public Assistance: -0- Other: Prior temporary part-time job - Chick-Fil-A - $234.00 per month (d) Other contributions to household support NONE (Wife)(Husband) Name: N/A the parties are separated If your (husband) (wife) is employed, state Employer: N/A Salary or wages per month: N/A Type of work: N/A Contributions from children: (e) Property owned Cash: $2.00 Checking Account: Savings Account: Certificates of Deposit: Real Estate (including home): Motor vehicle: Make N/A Cost N/A Stocks; bonds: -0- Other: -0- (f) Debts and obligations Mortgage: -0- Rem: $120.00 Loans: approximately $5.000.00 owed Monthly Expenses: average $10.00 N/A approximately $420.00 Year N/A Amount owed N/A (g) Persons dependem upon you for support (Wife) (Husband) Name: N/A Children, if any: Name: James Age: 15 years 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 unswom falsification to authorities. Date: PATSY Rg. RICE PATSY R. RICE, Plaintiff/Petitioner VS. : LEMUEL RICE, : Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 01-602 CIVIL TERM IN DIVORCE DR# 30420 Pacses# 296102036 ORDER OF COURT AND NOW, this 12~ day of February, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on March 12. 2001 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on Petitioner 2-12-01 to: < Respondent Maryann Murphy, Esquire Date of Order: February 12, 1001 R. J~Shadday, Conference Officer ~/ YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 1F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION - LAW PATSY R. RICE, : Plaintiff/Petitioner : v. : No. d'/~6 J LEMUEL RICE, : Defendant/Respondent : IN DIVORCE PENNSYLVANIA Civil Term PETITION FOR APL CONFERENCE her attorney, and avers as 1. 3rd Street, 17025. 2. NOW COMES, PATSY R. RICE, Plaintiff/Petitioner, by and through Maryann Murphy, follows: Petitio~ Apa~ Esquire, of MidPenn Legal Services, Madrona Avenue, Tillamook, 'CE whose current address is 408 ~erland County, Pennsylvania Respon¢ _~ RICE whose current address is 609 Tillamook County, Oregon 97141. 3. Petitioner and Respondent were married on July 15, 1975 in Multnomah County, Portland, Oregon. 4. Petitioner and Respondent are the parents of one (1) minor child, namely; JAMES EDWARD RICE, born July 29, 1985. 5. The parties separated on May 14, 2000. 6. On January 30, 2001, Petitioner filed a Divorce which includes a Count Complaint in for Alimony Pendente Lite. 7. A DRS Attachment for APL Proceedings has been filed with the Court simultaneously with this Petition. WHEREFORE, Petitioner, through her counsel, requests a conference be held at the Domestic Relations Section to address her claim for APL. Respectfully submitted: By: Maryann ~urphy, Esquir~ '~I MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Attorney I.D. #61900 Attorney for Plaintiff/Petitioner VERIFICATION I, the undersigned, do hereby verify that the statements made in the foregoing instrument are true and correct to the best of my knowledge, herein are 4904, relating to information and belief. I understand that statements made subject to the penalties of 18 Pa.C.S. Section unsworn falsification to authorities. Date PATSY R. ~RICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PE1TNSYLVANIA Plaintiff : NO. : V. : CIVIL ACTION - Defendant : LAW DRS ATTAC"MMENT FOR APL PROCEEDINGS NAME ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE mLoYm EMPLOYER ADDRESS JOB TITLE/POSITION DATE EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTORNEY'S NAME ATTORNEY' S ADDRESS ATTORNEY'S PHONE NUMBER PETITIONER NAME ADDRESS BIRTH DATE SOCIAL SECURITY NUMBER HOME PHONE WORK PHONE EMPLOYER NAME EMPLOYER ADDRESS JOB TITLE/POSITION DAT~/ EMPLOYMENT COMMENCED GROSS PAY NET PAY OTHER INCOME ATTOP/4EY ' S NAME ATTOP, i'IEY' S ADDRESS ATTORITEY' S PHONE NUMBER RESPONDENT ks P0u~J ~', o... e._.... Ii -lO ~q~ lqqq o~ ~oo0 DATE OF MARRIAGE PLACE OF MARRIAGE DATE OF SEPARATION ADDRESS OF LAST MARITAL HOME DESCRIPTION OF DOCUMENT RAISING APL CLAIM DATE APL DOCUMENT FILED MARRIAGE INFORMATION q-{5 '/....q ~o~bJ~ n+- ',~ ubi v4rc~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATSY R. RICE, : Plaintiff/Petitioner : : v. : No. LEMUEL RICE, : Defendant/Respondent : IN DIVORCE Civil Term CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that on the day of 2001, I served a true and correct copy of the foregoing Petition for APL Conference on the Defendant, Lemuel Rice, at the addresses set forth below, by placing a copy of same in the United States Mail, first class, certified/restricted delivery, postage prepaid. Lemuel Rice 609 Madrona Avenue Tillamook, Oregon 97141 and Lemuel Rice Willamina Lumber Co. 3111 3rd Street Tillamook, Oregon 97141 Respectfully submitted, Maryann M~rphy, Esquire -- ~ ' ~ MIDPEN-N LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 I.D. # 61900 Attorney for Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW PATSY R. RICE, : Plaintiff : No. 2001-602 Civil Term LEMUEL RICE, : IN DIVORCE Defendant : AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: 1. That ! am an adult individual residing in Cumberland County, Pennsylvania. 2. That on February 6, 2001, I sent by U.S. first class mail, postage pre-paid, certified/restricted delivery', number 7000 0600 0025 1595 3010, a Complaint in Divorce to the Defendant, LEMUEL RICE, at the following address: Lemuel Rice 609 Madrona Avenue Tillamook, Oregon 97141 ^. ~,~-~v~ b. 3. o~t~ of ~v rved with the Complaint in c. signature )600 0025 1595 3010, which if YES, enter delivery address below: Fl No 3, Sewice Type -~"Ger~fied Mai C] Registered (-1 tnsured MaN Domestic Return Receipt Return Receipt for Mem~andlse C.O.D. In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION PATSY R. RICE ) Docket Number Plaintiff ) vs. ) PACSES Case Number LEMUEL RICE ) Defendant ) Other State ID Number 01-602 CIVIL 296103036 /D3~A2O AND NOW to wit, this Order SEPTEMBER 21, 200i it is hereby Ordered th~: THE ABOVE CAPTIONED REQUEST FOR ALIMONY PENDENTE LITE CONFERENCE, FILED ON J~.NUD,RY 30, 2001, IS DISMISSED WITHOUT PREJUDICE pURSUAnT TO NO ACTION ON THE MATTER SINCE REQUEST FOR A CONTINTJANCE OF 5~RCH 12, 2001 CONFERENCE. DRO: PO Shadday xc: petitioner r~sponder~ Se~wice Type M BY THE COURT: lex, ~/ ~ JUDGE Form OE-O01 Worker ID 21005