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HomeMy WebLinkAbout04-3499 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW : No. 04- ..~ 6/~ C~ Civil Term : IN DWORCE Defendant : NOTICE TO DEFEND AND CLAIM RIGHTS YOU H.4 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 OF ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TIIEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT ItAVE 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 7. Plaintiff, to the best of his/her knowledge and belief, avers that defendant is not in the military service of the United States of America, but is in fact living at the address given in Paragraph 2 above. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. Date Plaintiff, Pro Se I, .~\ C~k ~ [.-. ~CLk~kr'x , verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. Date: Plaintiff, Pro Se Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 L ~ O'~..]kg'~5_~ IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLmND COUNTY PENNSYLVANIA · u'-~- CIVIL TERM Defendant IN DIVORCE 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 days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER §3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated o~---~-'O, Ptk ~ cra",4 [~, cO.O© ~ and continued to live separate and apart for a period of two years. 2. The marriage is irretrievably broken· 3. 1 understand that I may lose rights concerning alimony, division of marital property, i, ,~lawyer's fees, or expenses if I do not claim them before a Divorce is granted. 10U~L L,I.~lk.2ooa~jLrX , verify that the statements made in th~s-- Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsw~rn falsification to authorities as provided in 18 P.S. Section 4904. Date Plaintiff, Pro Se : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA J"tqq : NO. 04 ' CIVIL TERM Defendant : DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary_,~ Kindly allow,,~ ')I0~L [~ ~kj0~j'~ Plaintiff, to proceed in forma pauperis. I, Jessica Diamondstone, 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. Attorney for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 Diana L. Walters Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERL/O~ COUNTY PENNSYLVANIA V. : : No. 04-3499 C~V~L TERM : : Larry J. Walters Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Larry J. Walters, accepted service of a true and correct copy of the Complaint in Divorce under section 3301 (c) of the Divorce Code on the date written below. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworu falsification to author/ties. Date ~ rets, Defendant Diane L. Walters, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYL V AN1A v. No. 04-3499 CNIL TERM Larry J. Walters, Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF 1l3301(d) DIVORCE DECREE TO: Larry J. Walters You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the g3301(d) affidavit. Therefore, on or after November 11,2004, 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 DQ NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPOHNE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (717) 249-3166 OR 1-800-990-9108 .....,i\ t-'" ,; \::P 'i'i. (',' " r") <....) IN THE COURT OF COMMON PLEAS OF Diane 1. Walters, Plaintiff CUMBERLAND COUNTY PENNSYL V ANlA v. No. 04- 3499 CIVIL TERM Larry 1. Walters, Defendant IN DIVORCE COUNTER-AFFIDAVIT UNDER &330Hd) OF THE DIVORCE CODE 1. Check either (a) or (b) o (a) I do not oppose the entry of a divorce decree. o (b) I oppose the entry of a divorce decree because (check all that apply): o (i) The parties to this action have not lived separate and apart for a period of at least two years. o (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): o (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 And expenses ifI do not claim them before a divorce is granted. o (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 ofIntention 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 the counter-affidavit are true and COITf:Ct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. Date: Larry J. Walters, Defendant 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. '1 -~l r: c::::: -....1 " >'" r,,', r,.:, (.,.; IN THE COURT OF COMMON PLEAS OF Diane L. Walters, Plaintiff CUMBERLAND COUNTY PENNSYL V ANlA v. No. 04-3499 CNIL TERM Larry 1. Walters, Defendant 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 Code. 2. Date and Manner of service of the Complaint: Defendant signed Acceptance and Acknowledgment of Service form on Julv 3 L 2004. 3. (l) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: July 15, 2004. (2) Date of filing and service of Plaintiffs Affidavit upon Defendant: Filing Date: July 20, 2004. Date of Service: July 31, 2004. 4. Related claims pending: There are no outstanding claims. 5. Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: Mailed by regular first class mail on August 21. 2004 to Defendant at 51 East South Street. Carlisle. PA 17013. Plaintiffs Social Security Number: 178-66-5151 Defendant's Social Security Number: 162-58-4039 .// // ;YJ Jess}l~liamondstone GraceD'Alo Geoffrey Biringer Attorneys for Plaintiff MidPenn Legal Services 8 Irvine Row Carlisle, P A 17013 (717) 243 -9400 "'-\;. '\~:..\ .....,...~ r:~! ,.. (.,,: - ?~+~~+++~+~~+~+~+~+++++++~+~+++++++~~+++++++++++++++++++++~+~+~+~+~~+~+++++++~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Ct.+ ~ + ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++++++++++++++++++++++++++Ct.+Ct.++++++++++++++++++++++++Ct.? IN THE COURT OF COMMON PLEAS DIANE L WALTERS PLAINTIFF VERSUS T.aRRV .. waT.'T'fi''Q5 DEFENDANT AND NOW, DECREED THAT AND OFCUMBERLANDCOUNTY "~ STATE OF PENNA. No. 04-3499 CIVIL TERM DECREE IN DIVORCE r-;'~r'\>~l 10 ~ 2~ , ]T ]S ORDERED AND DIANE L WALTERS , PLA]NT]FF, LARRY J WALTERS , DEFENDANT, ARE D]VORCED FROM THE BONDS OF MATR]MONY. THE COURT RETA]NS JUR]SD]CT]ON OF THE FOl.LOW]NG CLA]MS WHICH HAVE YET BEEN ENTERED; BEEN RA]SED OF RECORD IN THIS ACT]ON FOR WHICH A F]NAL ORDER HAS NOT J. I .... .~ ,-- .J ,-- .- '- , , , , ~ ... '.." . ~ -/'" ,,"-,' ./J~".......""-' " ~.. .'.., ... . . o~~:m:oo~ooo . 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