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HomeMy WebLinkAbout06-1056 PATRICIA A. BAUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW DIVORCE MICHAEL R. BAUM, Defendant NO. ~ /i))& 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 right 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 MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE 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 ALA WYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cwnberland County Bar Association 32 South Bedford St. 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. PATRICIA A. BAUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW DIVORCE MICHAEL R. BAUM, Defendant NO. 06-- /6 'if.- CIVIL TERM DIVORCE UNDER TITLE 23 Pa. CoS. &&3301(c) and (d) I. Plaintiff is Patricia A. Baum, who currently resides at 1278 Boiling Springs Road, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is Michael R. Baum, who currently resides at 1932 State Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on November 7, 1999, in New Cumberland, Cumberland County, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since October 15,2002. 6. Defendant filed an action in divorce against plaintiff in Dauphin County, docket number 2003 CV-4626-DV, on October 28, 2003. The complaint was never served on plaintiff, and there has been no activity on the docket since the complaint was filed. 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. Respectfully submitted, Date .2_ / d-<c / 010, I ( . ~ . /~;:/-/ l /'__ /-: I . /-... Kathleen O'Connor' Certified Legal Intern ., ~~L-~ TOM E ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys Family LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: 2. /2 " (() /> --f~ Patricia A. Baum "<-c (3a4-.-- . . PATRICIA A. BAUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. CIVIL ACTION-LAW DIVORCE MICHAEL R. BAUM, Defendant NO. 05- CIVIL TERM 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. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE I. The parties to this action separated on October 15, 2002 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, lawyer's /y fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made subject to the penalties of 18 Pa. C.S. ~ 4904 relating to unsworn falsification to authorities. Date: 2. /2-0 /6 (; , cfatvuv Plaintiff bI.. t1 a4v ~' )\ ,'0 @ .~ -' ~,' '{",j ...~.~ PATRICIA A. BAUM, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE MICHAEL R. BAUM, Defendant NO. 05- loS"(P CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Patricia A. Baum, Plaintiff, to proceed in forma pauperis. I, Kathleen O'Connor, of the Family Law Clinic, student 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 service to the party. Date: J/ ).A.; lib I ( AIz L~) ~~- Kathleen O'Connor Certified Legal Intern m~'~ TOMP ROBERT . RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys Family LA W CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 cr, I ri, "':'" PATRICIA A. BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : DIVORCE MICHAEL R. BAUM, Defendant : NO. 06-1056 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Divorce Complaint at the above-captioned docket. Date: '3/;)4/ de C' b I I ;// f..... ./1 1} // I ...i- / ,( I- I{' I J, &tn.. jL<..____~ Kathleen 0' ~ or ~~ified Legal Intern b ~0t4~- . Thomas M. Place Robert E. Rains Lucy Johnston-Walsh Anne MacDonald-Fox William G. Martin Supervising Attorney THE F AMIL Y LAW CLINIC 45 North Hanover Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 Attorneys for Plaintiff '- .' . t,-. \.('.'; PATRICIA A. BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LAW : DIVORCE MICHAEL R. BAUM, Defendant : NO. 06-1056 CIVIL TERM CERTIFICATE OF SERVICE I, Angelica L. Revelant, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Michael R. Baum, residing at 1932 State Street, Harrisburg, Pennsylvania, by personal service by handing a copy of the Divorce Complaint to Mr. Baum at his place of employment, located at 100 Mt. Allen Drive, Mechanicsburg, Pennsylvania on the 14th day of April, 2006 at 7:30 a.m. Date: Ii/glob { I ~~IL{- Ang . a Revelant Certified /Lega~,Jntern / ~~ (~, l J/Ih"j~\...,,' I J~~l/t?i?- ~-.' '" ()'I'" 0, " i; .,',~ '1-..~ "., - Robe . ains Thomas M. Place Lucy Johnston-Walsh Anne MacDonald-Fox William G. Martin Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 -~ t.." c^ ..."... ... PATRICIA A. BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : DIVORCE MICHAEL R. BAUM, Defendant : NO. 06-1056 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the !l3301(d) affidavit. Therefore, on or after May 29, 2006, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. -',', -;::-). f'".:) --,-.:' -" or} .. -'~ ~ PATRICIA A. BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION-LAW : DIVORCE MICHAEL R. BAUM, Defendant : NO. 06-1056 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d) OF THE DIVORCE CODE 1. 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 them on the other party. If I 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 delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. M904 relating to unsworn falsification to authorities. Date Mr. Michael Bauro c..., ';'""-.:) .-;"" - , ," f" v. ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; CIVIL ACTION-LA W : DIVORCE PATRICIA BAUM, Plaintiff MICHAEL BAUM, Defendant : NO. 06 - 1056 CIVIL TERM CERTIFICATE OF SERVICE I, Keith Hickman, Certified Legal Intern, Family Law Clinic, hereby certify the Family Law Clinic served a true and correct copy of the Notice ofIntention to Request Entry of Divorce Decree and Defendant's Counter-Affidavit on Michael Bauro, defendant, by depositing a copy of the same in the United States mail, regular, first class on May 8, 2006 to the following address: Michael Bauro 1932 State St., Harrisburg, PA 17103. ~ ol/~", Keith Hickman { Certified Legal Intern F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax; (717) 243-3639 .-Yl ~':.! t'......, ( '.. 1 j< t - PATRICIA BAUM, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06- 1056 CIVIL TERM MICHAEL BAUM, Defendant : CIVIL ACTION - LAW : IN DIVORCE 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 and separation for two years under 9 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Personal service on defendant on April 14, 2006, at his place of employment, located at 100 Mt. Allen Drive, Mechanicsburg, PA. 3. (a) Date of execution of the Plaintiff's Affidavit required by Ii 3301(d) of the Divorce Code: February 20. 2006 : Date of filing and service of the Plaintiff's Affidavit upon the respondent: Filed on February 22. 2006 and served April 14. 2006. 4. Related claims pending: None. 5. Date and manner of service of the Notice ofIntention to Request Entry of Divorce Decree and Defendant's Counter-Affidavit, copies of which are attached: Mav 8. 2006; regular. first class mail. addressed as follows: Michael Bauro 1932 State St., Harrisburg, PA 17103. eith Hickman Certified Legal Intern Date ":f/' ( /00 . .. , t - X~4L-ft ROB . RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 .. .' '" '''' ::Tl ,",1 -:,1 l'J ;,: r'....~ r' IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY DECREE IN DIVORCE 0~ ~ ?4Jb. ""O'O.,EO'NO STATE OF ~atricia 8aum VERSUS Mirh;;'lpl R;;'ll1m . AND NOW, . PENNA. NO. On-10tin DECREED THAT Patricia R~l1m , PLAINTIFF, AND Michap-l Rallm , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; . . . . J. PROTHONOTARY - ~ .e ~ d..V ~t( ?t?')e'L '7:7 /~.~~~~ ZX'.J-e-L .. ~'\""-- , . , ~. , . ~ .~.. r ~'. "