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HomeMy WebLinkAbout04-3049PATTY L. WALTERS :IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE MICHAEL J. WALTERS : Defendant :NO. ~ ..~,~)c/~ CIVIL TERM NOTICE TO DEFEND AND CLAIM RIG}ITS 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 or divorce or annulment may be entered against you by the court. A judgment may aiso be entered against you for other claims 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 indigmities 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 32 S. Bedford Street 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. PATTY L. WALTERS, Plaintiff, MICHAEL J. WALTERS Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION- LAW :IN DIVORCE ; :NO. Oq-&y4? C VIL'rE 4 DIVORCE COMPLAINT The plaintiff, Patty Walters, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. § 3301(d) OF THE DIVORCE CODE I. Plaintiffis Patty L. Walters, who currently resides at 112 North Washington Street, Apartment Two, Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff's mailing address is PO BOX 224, Newville, Cumberland County, Pennsylvania, 17241. 2. Defendant is Michael J. Walters, who currently resides at 919 Gibson Boulevard, Steelton, Dauphin Cmmty, Pennsylvania, 17113. 3. Plaintiffhas been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on April 19, 1997 in Lewistown, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since January of 2000. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that plaintiff or defendant 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 of divorce dissolving the marriage. Respectfully Submitted, Certified Legal Intern THOMAS M. PLACE Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2368 VERIFICATION I verify that the statements made in this Complaint 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 Patty L(-iWalters, Plaintiff PATTY L. WALTERS Plaintiff, MICHAEL J. WALTERS Defendant :iN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :C1VIL ACTION - LAW :IN DIVORCE : :NO. 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 your or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in January of 2000, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyers' fees or expenses ifI do not claim them before a divome is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unswom falsification to authorities. Date Plaintiff PATTY L. WALTERS, Plaintiff, MICHAEL J. WALTERS Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :CIVIL ACTION - LAW :IN DIVORCE :NO. O11/'~,.~/4~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERiS Kindly allow Patty L. Walters, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attomeys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. R,~spectfully ~ubmitted, LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 7 l 7-243-2968 PATTY L. WALTERS, Plaintiff MICHAEL J. WALTERS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : NO. 04-3049 CIVIL TERM CERTIFICATE OF SERVICE Understanding that the making of any false statement would subject her to the penalties of 18 Pa. C.S. {}4904 (relating to unswom falsification to authorities), the undersigned verifies that she served a true copy of the Divorce Complaint and Plaintiff's Affidavit of Separation Under Section 3301 (d) of the Divorce Code on the Defendant by placing the same in the U.S. mail, certified no. 7003 3110 0004 5774 2143, restricted delivery, return receipt requested, postage prepaid, on July 1, 2004, addressed as follows: Michael J. Walters - Section GB 18 919 Gibson Blvd. Steelton, PA 17113 Sender's receipt no. 7003 3110 0004 5774 2143 is attached hereto and incorporated by reference. On or about July 16, 2004, the Family Law Clinic confirmed with the United States Postal Service, via online tracking and signature capture, that service was made on Michael J. Walters on July 9, 2004. The online tracking and signature verification, bearing the signature of Michael J. Walters, is attached hereto and incorporated by reference. Certified Legal Intern ]FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 (1717) 243-2968 Counsel for Patty L. Walters USPS - Track & Confirm Page 1 of 1 Track & Confirm Shipment Details You entered 7003 3110 0004 5774 2143 Your item was delivered at 2:54 pm on July 09, 2004 in HARRISBURG, PA 17113. Here is what happened earlier: · NOTICE LEFT, July 02, 2004, 8:27 am, HARRISBURG, PA 17113 · ACCEPTANCE, July 01, 2004, 3:57 pm, CARLISLE, PA 17013 Notification Options Track & Confirm Enter label number: Track & Confirm FAQs ' Track & Confirm by email What is this? I POSTAL INSPECTORS Preserving the Trust site map contact us ~government services Copyright © 1999-20132 USPS. All Rights Reserved. Terms of Use Privacy Policy http://trkcnfrm 1 .smi.usps.com/netdata-cgi/db2www/cbd_243.d2w/detail 7/16/2004 Direct Query - Intranet - "Quick" Search Page 1 of 1 Track/Confirm - Intranet Item Inquiry - Domestic Item: 7003 3110 0004 5774 2143 Date/Time Mailed: 07/01/2004 15:57 Destination I[ZIP Code: 17113 IlCity: HARRISBURG IlState: PA IOrigin IIz~P Code= 17013 IlCity= CARLISLE IlState: PA Class: First Class Scheduled Delivery: 07/02/2004 Weight: lb: 0 cz: 2 Special Services Jl A~oclated Labels II Amount ERTIFIED MAIL RETURN RECEIPT RESTRICTED DELIVERY ]17003 3110 0004 5774 2143 1152.30 ]1 11 .5o Event DELIVERED Date Time Location 07/09/2004 14:54 HARRISBURG PA 17113 Scanner ID POS4840111 NOTICE LEFT ACCEPT OR PICKUP 07102/2004 08:27 HARRISBURG PA 17113 07/01/2004 15:57 CARLISLE PA 17013 L771128 Enter Request Type and Item Number: Quick Search ~; Extensive Search (,) Item Number: [ Su~mjt] Inquire on multiple items. Go to the Product Tracking System Home Page. http://pts.usps.gov/netdata-cgi/db2www/cbd_242.d2w/OUTPUT 7/16/2004 DirEct,Query - Intranet Page I of 1 Track/Confirm - lntranet Item Inquiry Item Number: 7003 3110 0004 5774 2143 This item was delivered on 07/09/2004 at 14:54. Deliver Section Signature',! ~ Enter Request Type and Item Number: Quick Search (~) Extensive Search C) Item Number: Inquire on multiple items. Go to the Product Tracking System Home Page. http://pts.usps.gov/netdata-cgi/db2www/cbd_242.d2w/IMG 7/16/2004 PATTY L. WALTERS, Plaintiff V. MICHAEL J. WALTERS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE : : NO. 04-3049 CIVIL TERM CERTIFICATE OF SERVICE I, Kathryn A. Kroggel, hereby certify that I served a Notice of Intention to Req~st E~ry of a Divorce Decree and Defendant's Counter-Affidavit on Michael J. Walters on September 15, 2004, by First Class United States mail, at the following address: Michael J. Walters - Section GB 18 919 Gibson Blvd. Steelton, PA 17113 Date: t/O/~/O P'' Certified Legal Intem FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717) 243-3639 PATTY L. WALTERS, Plaintiff MICHAEL J. WALTERS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : NO. 04-3049 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF §3301(d) DIVORCE DECREE TO: Michael J. Walters, Defendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the §3301(d) affidavit. Therefore, on or after October 6, 2004 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 right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street 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, PATTY L. WALTERS, Plaintiff MICHAEL J. WALTERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : NO. 04-3049 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE Check either (a) or (b): ( ) (a) I do not oppose the entry of a divorce decree. ( ) (B) I oppose the entry of a divorce decree 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 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 if I 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 then on the other party. IfI fail to do so before the date set forth on the Notice of Intention 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 to penalties of 18 Pa.C.S. {}4904 relating to unsworu falsification to authorities. Date Michael J. Walters NOTICE: IF 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. PATTY L. WALTERS, Plaintiff MICHAEL J. WALTERS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : NO. 04-3049 CIVIL TERM CERTIFICATE OF SERVICE I, Kathryn A. Kroggel, hereby certify on this date that I am serving a tree and correct copy of the Praecipe to Transmit Record to Michael J. Walters by First Class United States mail, at the following address: Michael J. Walters - Section GB 18 919 Gibson Blvd. Steelton, PA 17113 Date* FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717) 243-3639 PATTY L. WALTERS, Plaintiff MICHAEL J. WALTERS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : NO. 04-3049 CIVIL TERM PRAECIPE 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: Certified Mail to Defendant, Return Receipt Requested, Restricted Delivery, on July 9, 2004. Date of execution and filing of Plaintiff's Affidavit required by § 3301 (d) of the Divorce Code: July 1, 2004. Date of service of the Plaintiffs Affidavit upon the Defendant: July 9, 2004. 4. Related claims pending: NONE September 15, 2004. Date and manner of service of the Notice of Intention to Request Entry of a Divome Decree, a copy of which is attached: First Class United States mail, on ~~Certified Legal~oNNAlntelL~~ Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-2968 Fax: (717) 243-3639 IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. P~tty T.. WalPpra Plaintiff N O. 04-3049 VERSUS Michael J. Walters Defendant DECREE IN DIVORCE PLEAS AND NOW, DECREED THAT AND Patty L. Walters Michael J. Walters ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , 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; PROTHONOTARY PATTY L. WALTERS, Plaintiff MICHAEL J. WALTERS, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CWIL ACTION - LAW DIVORCE NO. 04-3049 CIVIL TERM NOTICE OF ELECTION TO RETAKE FOILMER NAME Notice is hereby give that the Plaintiff in the above matter, having been granted a Final Decree in divorce from the bonds of matrimony on the 13~' day of October, 2004, hereby elects to retake and hereafter use her previous name of Patty L. Helsel, ar:d gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. § 704. Patty L. ~v'alters Wishes To Be Known As: Patty L. Helsel COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this, the : SS. day of~, 2004, before me, ~ , a Notary Public of the Commonwealth of Pennsylvania, the undersigned officer, personally appeared Patty L. Walters, known to me (or satisfactorily proven) to be the person whose name is subscribed to the above document, and acknowledge that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand artd Notarial Seal. '"~OIARIAL SEAL ~IARY PU~A~iSLE ~ORO., CUMBER~ND COUN~ I ~ CO~ISSI~ ~IRES DEC. 5~