HomeMy WebLinkAbout05-1677
JOANNE S. SPARROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN GUST~ .f.\vof.. c e..
: NO. 05-/t 77 CIVIL TERM
MAITLAND A. C. SPARROW,
Defendant
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,
LA WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MA Y 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MA Y BE ABLE TO
PROVIDE YOU WITH INFORMA nON ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 Bedford Avenue
Carlisle, P A 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.
...
JOANNE S. SPARROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
. '7
; NO. 05- 101 CIVIL TERM
MAITLANDA. C. SPARROW,
Defendant
COMPLAINT FOR DIVORCE
The Plaintiff, Joanne Sparrow, by her attorneys, the Family Law Clinic, sets forth the
following cause of action:
DIVORCE UNDER 23 Pa.C.S. ~~ 3301(c) & Cd) OF THE DIVORCE CODE
1. Plaintiff is Joanne Sparrow, who currently resides at 103 East High Street, Apartment
1, Carlisle, Cumberland County, Pennsylvania.
2. Defendant is Maitland Sparrow, who currently resides at 428 Spring Run Drive,
McConnellsburg, Fulton County, Pennsylvania.
3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months
immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on February 3, 2003 in Enola, Cumberland
County, Pennsylvania.
5. Plaintiff and Defendant have lived separate and apart since September 2004.
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 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.
Date~
LACE
ROBER E. RAINS
Supervising Attorney
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
Staff Attorney
F AMIL Y LA W CLINIC
45 North Pitt Street
Carlisle, P A 17013
717/240-5204
717/243-2968
VERIFICATION
I verify that the statements made in the foregoing complaint are true and correct, to the
best of my knowledge, information and belief. I understand making any false statement would
subject me tot he penalties of 18 Pa.C.S. S4904, relating to unsworn falsification to authorities.
Date
j /30/ 6S-
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JOANNE S. SPARROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
MAITLAND A. C. SPARROW,
Defendant
: NO. 05-/& 7) CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
Kindly allow Joanne Sparrow, Plaintiff, to proceed in forma pauperis.
The Family Law Clinic, attorneys 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.
Respectfully submitted,
Date ~12>O I O~
74i~
ROB / .
THOMA M. PLACE ~.
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
Supervising Attorneys
FAMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243-2968
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JOANNE S. SPARROW,
Plaintiff
: IN THE COURT OF COMMON
: CUMBERLAND COUNTY, PE
LEAS OF
SYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
MAITLAND A. C. SPARROW,
Defendant
: NO. 05-1677
CIVIL TE
CERTIFICATE OF SERVICE
I, Rene M. Gornall, hereby certify that I served a true and correc copy of the
Complaint for Divorce on Maitland Sparrow, at 428 Spring Run Drive, cConnellsburg,
PA 17233, by depositing a copy of the same in the United Stales mail, c rtified, restricted
deliyery, return receipt requested on March 30, 2005. Service was com lete upon
receipt by Maitland Sparrow on April 2, 2005, as evidenced by the attac ed green card.
,
Date: Lj 119 105
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,
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that We can return the card to you.
. Attach this card to the back of the mailpiece,
or on the front jf space permits.
1. Article Addressed to:
Agent
o Addressee
D. Is delivery address different from it m 1? 0 Yes
If YES, enter delivery address bel w: 0 No
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3. Service Type
'j23 CertJfJed Mail
--s Registered
o Insured Mail
o Express ai!
JZt=Aeturn R eipt for Merchandise
DC,O,D,
4. Restricted Delivery? (Extra Fee)
es
2. Article Number (Copy from service label)
~c.D"' 0 oc/oil S-77
PS Form 3811, July 1999 Domestic Return Receipt
102595.99.M-1,'89
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JOANNE S. SPARROW,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN CUSTODY
MAITLAND A. C. SPARROW,
Defendant
: NO. 05-1677
CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under SS 3301(c) and 3301(d) of the Divorce Code was filed
on March 30, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice and intention to
request entry of the decree.
I 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. S 4904, relating to
unsworn falsification to authorities.
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JOANNE S. SPARROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LA W
: IN CUSTODY
MAITLAND A. C. SPARROW,
Defendant
: NO. 05- I 677
CIVIL TERM
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under ~~3301(c) and 3301(d) of the Divorce Code was filed
on March 30, 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice and intention to
request entry of the decree.
I verifY that the statements made in this affidavit are true and correct. I understand that
false statemenls herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn
falsificalion 10 authorilies.
Date 1r~J- '?:? C
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Maitland A. C. parrow, Defendant
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JOANNE S. SPARROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
MAITLAND A. C. SPARROW,
Defendant
: NO. 05-1677
CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
I. I consent to the entry of a final decree of divorce without notice.
2. I understand thaI 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.
3. I understand that I will not be divorced until a divorce decree is entered by the
Court and that a copy of the decree will be sent to me immediately after it is filed with
the prolhonotary.
I 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.
S4904, relating to unsworn falsification to authorities.
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JOANNE S. SPARROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
MAITLAND A. C. SPARROW,
Defendant
: NO. 05-1677
CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER ~3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 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.
3. I understand that I will not be divorced until a divorce decree is entered by the Court
and that a copy of the decree will be sent to me immediately after it is filed with the
prothonotary.
I 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 f-- 8-- O,\'"
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Maitland A. C. Sparrow, Defendant
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JOANNE S. SPARROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
MAITLAND A. C. SPARROW,
Defendant
: NO. 05-1677
CIVIL TERM
CERTIFICATE OF SERVICE
I, Rene M. Gornall, hereby certify that on this II th day of August, 2005, I am serving a
true and correct copy ofthe following on Maitland A. C. Sparrow:
Defendant's Waiver of Notice ofIntention to Request Entry of a Divorce Decree
Under S3301(c) of the Divorce Code;
Defendant's Affidavit of Consent;
Plaintiffs Waiver of Notice ofIntention to Request Entry of a Divorce Decree
Under S3301(c) of the Divorce Code;
Plaintiffs Affidavit of Consent;
Praecipe to Transmit Record; and
Divorce Information Sheet
Service was accomplished by first class U.S. mail, addressed as follows:
Mr. Maitland Sparrow
Dauphin County Prison
SOl Mall Road
Harrisburg, PA 17111
Date:~
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FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
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JOANNE S. SPARROW,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN CUSTODY
MAITLAND A. C. SPARROW,
Defendant
: NO. 05-1677
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:
1. Ground for divorce: irretrievable breakdown under ~ 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: April2, 2005, by U.S. mail, certified,
restricted delivery, return receipt requested, postage prepaid.
3. Date of execution ofthe Affidavit of Consent required by Section 3301(c) of the
Divorce Code: by Plaintiff, July 22, 2005; by Defendant, August 8, 2005.
4. Related claims pending: none.
5. Date Plaintiffs Waiver of Notice in !}3301(c) Divorce was filed with the
Prothonotary: August II, 2005.
Date Defendant's Waiver of Notice in !}3301(c) Divorce was filed with the
Prothonotary: August 11, 2005.
Date p') I11I 0 S
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RO U. RAINS
MAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON- WALSH
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717)243-2968
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
JOANNE S. SPARROW
No.
05 Hi77
PLAINTIFF
VERSUS
MAITLAND A. C. SPARROW
DEFENDANT
DECREE IN
AND NOW,
DIVORCE
Av<f- I~
""'lAP j~
, IT IS ORDERED AND
DECREED THAT
, PLAINTIFF,
,10IlNNR c:
.~PARRnW
AND
MAITLAND A. C. SPARROW
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAtSED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE.
By TH
PROTHONOTARY
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