HomeMy WebLinkAbout06-3839
T AKEIT A TURNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACnON - LAW
: IN DIVORCE
JAMAR FOSTER,
Defendant
:'NO. 06- ~J>3?
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 TIllS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
TIllS OFFICE CAN PROVIDE YOU WITH INFORMA nON ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY 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 South Bedford Street
Carlisle, Pennsylvania 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.
T AKEIT A TURNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
JAMAR FOSTER,
Defendant
: NO. 06- 3P.1?
CIVIL TERM
DIVORCE COMPLAINT
The plaintiff, Ms. Takeita Turner, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in divorce:
DIVORCE UNDER 23 Pa.C.S. 1l1l330J(c) AND 330J(d) OF THE DIVORCE CODE
I. Plaintiff is Takeita Turner, who currently resides at 436 Meadow Drive, Camp Hill,
Cumberland County, Pennsylvania, 17011, since October 2004.
2. Defendant is Jamar Foster, who currently resides at 420 Hummel Street, Harrisburg,
Cumberland County, Pennsylvania, 17104, since March 11,2006.
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 August 31, 2001 in Carlisle, Cumberland
County, Pennsylvania.
5. Plaintiff and Defendant have lived separate and apart since March II, 2006.
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.
c/JL 0,;/1
Keith O. Hickman
Certified Legal Intern
Czf~ ~~~[J~
ROB T ~. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON- WALSH
Supervising Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
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. ~904, relating to unsworn falsification to
authorities.
Date~
PlaintifJQ~~
Takeita Turner
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
: CIVIL ACTION - LAW
: IN DIVORCE
T AKEIT A TURNER,
Plaintiff
JAMAR FOSTER
Defendant
: NO. 06-3/J'TCIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Takeita Turner, 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.
Date
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,
eith Hickman
Certified Legal Intern
OBE
THO 1\ M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
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TAKEITA TURNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
v
JAMAR FOSTER,
Defendant
: CIVIL ACTION-LAW
: DIVORCE
: No. 06-3839 CIVIL TERM
PRAECIPE TO REINSTATE COMPLAINT
To The Prothonotary:
Please reinstate the Divorce Complaint at the above-captioned docket.
ssica D. Woodman-Hardy
ertified Legal Intern
R~~
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
KATE CRAMER-LAWRENCE
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
Telephone: (717) 243-2968
Fax: (717) 243-3639
Date: September 8, 2006
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: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION-LA W
: IN DIVORCE
Takeita Turner,
Plaintiff
Jamar Foster,
Defendant
: NO. 06 - 3839
CIVIL TERM
CERTIFICATE OF SERVICE
I, Jessica Woodman-Hardy, Certified Legal Intern, Family Law Clinic, hereby certify that
I served a true and correct copy of the Divorce Complaint on Mr. Jamar Foster, residing at 80 M
W Smith Homes, Harrisburg, P A, 17103, by depositing a copy of the same in the United States
mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was
complete upon receipt by Mr. Jamar Foster, on the 11th day of September, 2006, as evidenced by
the attached green card numbered 70050390000326324462.
sica Woodman-Hardy
ertified Legal Intern
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ROB T E. RAINS if
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
MEGAN RIESMEYER
KATE CRAMER-LAWRENCE
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
. - ~'..
SENnF R 'OMI " J
. 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.
. Att? ~ this card to the back of the mailpiece,
or ( the front if space permits.
1. Article> Addressed to:
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2. Article Number (Copy from service label)
') ()t:J~ O:r '7/) .oDD 3
PS Form 3811, July 1999
~63~
Domestic Return Receipt
102595-99-M-1789
D. Is delivery address differen from item 1?
If YES, enter delivery address below:
3. Service Type
'jit Certified Mail
o Registered
o Insured Mail
D Express Mail
~ Return Receipt for Merchandise
DC.D.D.
4. Restricted Delivery? (Extra Fee)
Yes
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Takeita Turner,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CNIL ACTION - LAW
: IN DIVORCE
Jamar Foster,
Defendant
: NO. 06 - 3839
CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~ 3301(c) of the Divorce Code was filed on
July 6, 2006. A Praecipe to Reinstate Complaint was filed on September 8, 2006. Certificate of
Service was filed on September 14, 2006.
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 of 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. ~904, relating to unsworn
falsification to authorities.
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Takeita Turner, Plaintiff
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Takeita Turner,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
Jamar Foster,
Defendant
: NO. 06 - 3839
CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
63301(c) OF THE DIVORCE CODE
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1. I consent to the entry of a final decree of divorce without notice. 0 .-4
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2. I understand that I may lose rights concerning alimony, division ofprop~, lavQ)br's ~~Eg
fees or expenses if I do not claim them before a divorce is granted. ::- .... :J:? ~j' ~~:
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3. I understand that I will not be divorced until a divorce decree is entered by:::the C8urt ~:~ m
and that a copy of the decree will be sent to me immediately after it is filed with the ,~:2 ~ 2?
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 lG-1 ~ g- /oLP
I
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Takeita Turner, Plaintiff
Takeita Turner,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LA W
: IN DIVORCE
Jamar Foster,
Defendant
: NO. 06 - 3839
CIVIL TERM
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under ~ 330l(c) of the Divorce Code was filed on
July 6, 2006. A Praecipe to Reinstate Complaint was filed on September 8, 2006. Certificate of
Service was filed on September 14, 2006.
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 of intention to
request entry of the decree.
I verify that the statements made in this affidavit are true and correct. I understand that
false stat.:ments herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn
falsification to authorities.
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Takeita Turner,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
Jamar Foster,
Defendant
: NO. 06 - 3839
CIVIL TERM
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
~330l(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.
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Takeita Turner,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION- LA W
: IN DIVORCE
Jamar Foster,
Defendant
: No. 06 - 3839 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
'fu 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 ~330 1 (c) of the Divorce Code.
2. Date and manner of service ofthe complaint: Served on Defendant by U.S. mail,
certified, restricted delivery, return receipt requested, postage prepaid. Service was complete
upon receipt by Jamar Foster, on September 11, 2006.
3. Date of execution of the affidavit of consent required by ~330 1 (c) of the Divorce
Code: by plaintiff-12128/2006; by defendant-12/18/2006.
4. Related claims pending: none
5. Date plaintiff's Waiver of Notice was filed with the Prothonotary: 12/29/2006.
Date defendant's Waiver of Notice was filed with the Prothono!ary: 01/26/2007.
6)j;;2/d-;t (7Uee1J~~4
Date ~sica D. Woodman-Hardy
Certified Legal Intern
;;:~ L-/J/1~~~
ROBE T E. RAINS
THOMAS M. PLACE
ANNE MACDONALD-FOX
LUCY JOHNS TON- WALSH
MEGAN RIESMEYER
Supervising Attorneys
F AMIL Y LA W CLINIC
45 N. Pitt Street
Carlisle, P A 17013
717-243-2968
Fax: 717-243-3639
Attorneys for Plaintiff
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IN THE COURT OF COMMON PL
OF CUMBERLAND COUNTY
AS
DECREE IN
DIVORCE
~~~
STATE OF
TAKEITA TURNER,
Pl"intiff
VERSUS
JAMAR FOSTER,
Defenc1"nt
AND NOW,
DECREED THAT
PENNA.
No.
3839
2006
a.oo 7
'T'AKEI'T'A 'T'tJRNER
AND
, DE
DANT,
JAMAR FOSTER
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS
BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH
YET BEEN ENTERED;
HICH HAVE
HONOTARY
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