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HomeMy WebLinkAbout02-1263IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff : : No.C)~ 1 ~6~.3 Civil Term V. -' ~ tg r~ ~-~O~q~.~o~ : IN DIVORCE Defendant : NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VE 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 bc entered against you by the Court. A judgment may also bc 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 thc 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 Ee han demandado a usted a la cone. Si usted quiere 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 fo, ua escrita sus defensas o sus objeciones a las demandas en contra suya. Se has avisado que si usted no se defienda, la cone tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y pot cualquier que ja o alivio que es pedido en la peticion do demanda. USTED PUEDE PERDER DINERO 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 ABAJO 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 hearing or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Haintiff Vo x Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 200 : CIVIL ACTION - LAW : : IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or (d) OF THE DIVORCE CODE Plaintiff is -]3ne r~g~ who currently resides at , Cumberland County, Pennsylvania. 2. Defendant is (,O m vU ~z~c~ro&r~-[ , who currently resides at 3. Pl~nfiff has b~n a bo~fide resident of the Commonw~ of Pennsylv~ia for at least the six months prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on 23'~3r~e_ \~ .[q~oQ~ at ~fl roe__ ~c~t~c?~x4 D~ 5. The marriage is irretrievably broken, and the parties separated on 6. There have been no prior actions of divorce or annulment between the parities. 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 Pl(dntif~, Pro Se I, '-'[~ve<xt~ x~,ctrce_._ ~-~.'~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 unswom falsification to authorities as provided in 18 Pa. C.S. Section 4904. Date ~ l~lJaJntiff Assisted by: MIDPENN LEGAL SERVICES PRO SE DIVORCE CLINIC 8 Irvine Row Carlisle, Pennsylvania 17013 (717) 243-9400 P~alntiff vi. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001- : : CIVIL ACTION - LAW : : 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 onyou or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The par~es to this action separated on (o - I Io I q f.~ and continued to live separate and apart for a period of two years. 2. The marriage is irretrievably broken. o I understand that I may lose rights concerning alimony, division of marital property, lawyer's fees, or expenses if I do not claim them before a Divorce is granted. I, '-~rec~ tv-,xri-e_ Q~xec~esx~ , verify that the statements made in this Affidavit are true and correct ~o the best of my knowledge, information, and belief. I understand that fase statements made herein are subject to the penalties for unswom falsification to authorities as provided in 18 P.S. Section 4904. Date / Plal~ff, Pro Se Theresa Marie Sargent, Gary Sargent Plaintiff V. Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 2002- /~(03 : : CIVIL ACTION - LAW : : IN DIVORCE PETITION TO PROCEED IN FORMA PAUPERIS The Petitioner, Theresa Sargent, is the Plaintiff in this action. On her behalf, I, Joan Carey, attorney for MidPerm Legal Services, do hereby certify that the Petitioner is indigent according to the poverty guidelines of MidPenn Legal Services. MidPenn Legal Services is assisting the Petitioner in filing a divorce case pro se. The Petitioner's Financial Affidavit showing inability to pay the costs of litigation is attached hereto. Petitioner requests leave to proceed without payment of fees or costs. Respectfully su~bn3itted: MidPenn Legal Serviceg Pro Se Divorce Clinic 8 Irvine Row Carlisle, PA 17013 Plaintiff VS. Defendants : IN THE COIJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM AFFIDAVIT IN SUPPORT OF PETITION FOR !.F. AVE TO PROCEED IN FORMA PAUPERIS 1. I am the D ~a.i n-~( ~D 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 (a) Name:--~xe_caG 6~ Address: ~G(~ Co, ~1,00\0~'~ Co) Social Security Number: If you are presently employed, state Employer: Address: Salary or wages per month: Type of work: If you are presently unemployed, state Date of last employment: C>co~ X% x oo0 Salary or wages per month: Type of work: (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: Dividends: Pension and annuities: Social Security benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman' s compensation: Public Assistance: Other: (d) Other contributions to household support (Wife)(Husband) Name: If your (husband) (wife) is employed, state Employer: ~0 '7 Salary or wages per month: '9 Type of work: , Contributions from children: (e) Property owned Cash: O Checking Account: 3-3 ' a o Savings Account: ~.5'-/' o o Certificates of Deposit: o ' Real Estate (including home): ~ Motor vehicle: Make~ Year Cost C~. co Amount owed Stocks; bonds: Mo Other: Mo ~ (f) Debts and obligations Mortgage: Rent: ]~ Loans: Monthly Expenses: (g) t'ersons dependent upon you for support (Wife) (Husband) Name: Children, if any: Name: Age: 4. I understand that I have a continuing 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 unsworn falsification to authorities. Date: DIVORCE INFORMATION SHEET PURSUANT TO ACT 2001-82, VITAL STATISTIC FORMS ARE NOT REQUIRED BY THE STATE EFFECTIVE JANUARY 1, 2002. THE PROTHONOTARY IS REQUESTING THIS INFORMATION IN LIEU OF THE VITAL STATISTICS FORM. PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE. DOCKET NUMBER: DATE OF MARRIAGE: ~'- Ic~ - ~o~ Theresa Marie Sargent, Plaintiff V. Gary Sargent, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1263 : : CIVIL ACTION - LAW : : IN DIVORCE ACCEPTANCE OF SERVICE I Gary Sargent, do hereby depose and say that I personally received and accepted service of a true and correct copy of the Complaint in Divorce 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 unswom falsification to authorities. Name of~pe~son accepting~rvice Theresa Made Sargent, Plaintiff ¥. Gary Sargent, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1263 : : CIVIL ACTION - LAW : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on March 14, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety 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 of intention to request entry of divorce. 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. Section 4904 relating to unswom falsification to authorities. Date: ~t~fi, ~ gT~,~ Si. gnatur~~~~:~l~~ Theresa Made Sargent, Plaintiff V. Gary Sargent, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-1263 : : CIVIL ACTION - LAW : IN DIVORCE o WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 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. Signature:~ Gary SargeaXf - ~ r Theresa Made Sargent, Plaintiff V. Gary Sargent, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-1263 CIVIL ACTION- LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on March 14, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety 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 of intention to request entry of divorce. 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. Section 4904 relating to unsworn falsification to authorities. Date: ~ ~ J- -O ~ Signature: ~ _ Theresa Made Sargent/ / 212 --< r,,~ Theresa Marie Sargent, Plaintiff V. Gary Sargent, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA NO. 2002-1263 CIVIL ACTION - LAW IN DIVORCE o WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECRg. E UNDER §3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. Date: I verify that 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. Signature: v_~a~.~ Theresa Marie Sargent f dj Theresa Marie Sargent, Plaintiff V. Gary Sargent, Defendant To The Prothonotary: : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-1263 : : CIVIL ACTION - LAW : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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(c) of the Divorce Code. 2. Date and Manner of service of the Complaint: Defendant personally accepted service of the Divorce Complaint on April 15, 2002. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, August 5, 2002; by Defendant, August 9, 2002. (b)(1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: N/A (2) Date of filing and service of the Plaintiff's Affidavit upon Defendant: N/A. 4. Related claims pending: There are no outstanding claimq. 5. Complete either paragraph (a) or (b). (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 15, 2002. (c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 15, 2002. Plaintiff's Social Security Number: 061-44-2773 Defendant's Social Security Number: 199-40-3894 MIDPENN LEGAL SERVICES 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF LTheresa Marie Sargent, Plaintiff VERSUS Gary Sargent, Defendant PENNA. N o. 02-1263 DeCree IN DIVORCE AND NOW,~ DECREED THAT 2002 Theresa Marie Sargent AND Gary gar_~n~_ 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; Ail Claims have been resolved.