Loading...
HomeMy WebLinkAbout06-1823 Mr. Howard W. Foultz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ; IN DIVORCE Ms. Betty J. Foultz, Defendant ; NO. 06- hJ3 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 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, 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, 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 MAYBE 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 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3 I 66 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. Mr. Howard W. Foultz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE : NO. 06- I 'FL?, CIVIL TERM Ms. Betty J. Foultz, Defendant DIVORCE COMPLAINT The plaintiff, Mr. Howard W. Foultz, by his/her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. ss330l(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Mr. Howard W. Foultz, who currently resides at 151 Big Spring Terrace, Newville, Cumberland County, P A 1724], since February 2005. 2. Defendant is Ms. Betty J. Foultz, who currently resides at 249 Hyson Lane, Red Lion, York County, P A 17356, since August 2005. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 5, 1989, at Lancaster, Lancaster County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since February 2002. 6. There have been no prior actions for 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. 7~1/~J(k~ <:;;- Kathleen N. McKeown--=' Certified Legal Intern LtW Robert E. Rains Thomas M. Place Anne MacDonald-Fox Lucy Johnston-Walsh William G. Martin Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (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 to the penalties of 18 Pa.C.S. (;4904, relating to unsworn falsification to authorities. Date J - "J $' - 0 Co Plaintiff ~ ~... Mr. Howard W. Fultz n (- or:.... ""'''',:' :'<~ ~.) ,n ::s en c5\ WAIVER OF CLAIMS I have been informed and I understand that if I do not make a claim for alimony or equitable distribution of marital property before my divorce action is final, I cannot raise those claims at a later date. I have also been informed that if I am not receiving spousal support, I may be eligible to receive alimony pendente lite. With this knowledge and understanding, I am indicating by my initials below which claims I wish to make and which I wish to waive. Alimony oendente lite / I waive my right to make a claim for alimony pendente lite. _ I want to make a claim for alimony pendente lite. Alimony ~ I waive my right to make a claim for alimony. _ I want to make a claim for alimony. Equitable distribution ~ I waive my right to make a claim for equitable distribution. _ I want to make a claim for equitable distribution. I am waiving or claiming the rights indicated above knowingly and voluntarily. Date 3 - J 3' ~ D (, -tL.-/ ~ Howard Foultz r ~ ~ '.J C) :;'..1 r.~ ~, "'..:..' S Lei (.) . .-' .,' ; ~;'"'\ -, ) ,-, Howard Foultz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY : NO. 06- 13J3 CIVIL TERM Betty F oultz, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Howard Foultz, 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 JfkJ .2 ~ 20% 1~ -J! 1J(, I~ c, Kathleen N. McKeown Certified Legal Intern u~~" ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, PAl 7013 717-243-2968 ~' ,) "..',' en '..C Howard Foultz, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ; CIVIL ACTION - LA W ; IN DIVORCE Betty Foultz, Defendant : NO. 2006-/fJ3 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330l(d) OF THE DIVORCE CODE ]. The parties to this action separated in February 2002, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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. 94904, relating to unsworn falsification to authorities. Date 3-J"d- 010 -:/-Ly ;;t~~-- Howard Foultz "'- Plaintiff -'i~ ).." ::.-.,~) :----' \,J::) - .~.. C) ~'jJ C:> .-<. Mr. Howard W. Foultz, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v Ms. Betty 1. F oultz, Defendant : CIVIL ACTION-LAW : DIVORCE : No. 06-1823 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT To The Prothonotary: Please reinstate the Divorce Complaint at the above-captioned docket. ~~ Kathleen McKeown c::--=~_~__::, Certified Legal Intern ". :'>- /;;;;. LlK.. (;){/{ ~=: William G. Martin, Esq. Supervising Attorney Date: April 19, 2006 ,----' - \ -';:c '~-:- Mr. Howard W. Foultz, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : DIVORCE Betty F oultz , Defendant : NO. 06 - 1823 CIVIL TERM CERTIFICATE OF SERVICE I, Kathleen N. McKeown, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Betty Foultz, residing at 133 First Avenue, Red Lion, PA 17356, by depositing a copy ofthe same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Betty Foultz on the the 24th day of April, 2006, as evidenced by the attached green card. K~~~ Certified Legal Intern William G. Martin, Esq. Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 7013 (717) 243-2968 .' .. .J ,-- ;.:: N ~ 'lI -~ .... tJ _.tc.u c.) N _J ,....~ 23 0 c-.... -il :r::",.. -iJ ---. .-.~ ',,') '-1 ~T;5 --< 7005 0390 0003 2632 6413 ~ ~ ~,~: ~"2004 ~!Aetum ReceIpt 1025ll&-02-M-1540 (") c r--..:> .C:::J ,=> 0-'. > ~G -...." N -J C,,) r~J -J Howard Foultz, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW DIVORCE Betty Foultz, Defendant No. 06-1823 CIVIL TERM 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. 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 this counter-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: 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. C,~_ co; r,-_~ Howard W. Foultz, Plaintiff v. Betty 1. Foultz, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE : NO. 06 - 1823 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 ~ 3301(d) affidavit. Therefore, on or after June 20, 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, 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 South Bedford Street Carlisle, P A 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. ""- .-1 -r. : -~ "': C') :::) r....) HOWARD W. FOULTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY BETTY J. FOULTZ, Defendant : No. 06 - 1823 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: I. Ground for divorce: irretrievable breakdown under 9330 I (d) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Betty J. Foultz, April 24, 2006. 3. Date of execution of the affidavit required by ~ 3301(d) of the Divorce Code: March 28,2006; Date of filing of the plaintiffs affidavit: March 29, 2006; Date of service of the plaintiffs affidavit upon the respondent: April 24, 2006. 4. Related claims pending: none 5. Date and manner of service of the Notice ofIntention to Request Entry of ~ 3301(d) Divorce Decree and Counter-Affidavit, copies of which are attached: May 31, 2006, by regular US mail. 01-f/3/lJ!R Date ~ Certified Legal Intern ~1::,i~ Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, P A 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff ,-l c...~1 :":'? IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY STATE OF PENNA. . No. 06 - 1823 . . . . . . . DECREE IN DIVORCE . . . .::r -It 1 \ '\ , 2oob, IT IS ORDERED AND . . . . AND NOW, . . DECREED THAT Howard W. Foul tz , PLAINTIFF, . . . Betty J. Foultz , DEFENDANT, AND . . . 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. . . . . . . . . . . .~ ~ ~ ~/I, W. qe.'L -7:d 2- ~ ~-p1l ~tJ' ryeL . . . . ~ " ~ ", \ . . . ~ ..