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HomeMy WebLinkAbout06-5315 COURT OF COMMON PLEAS - ?(;?, ?• PENNSYLV_ANLA CIVIL, ACTION - DIVORCE aln i Vs NO. 7a Rro' Defendant NOTICE TO DEFEW AND CLAIM PJG= You have been sued in court. If you wish to defend against the claims set forth in the follourrg-.pages; you must -take prompt action. You are warned that if you fail to do so, the cause may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgement may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may also 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 coun- selors is available in the Office of the Prothonotary at IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMEN'T' 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. Pennsylvania Lawyer Referral Service 100 South Street, P.O. Box 186 Harrisburg., PA 17108 -Telephone: 1-800=692-7375 FG 5 COURT OF COMMON PLEAS PENNSYLVANIA CIVIL ACTION - DIVORCE Plaintiff VS. NO. De ndant COMPLAINT UNDER SECTION 3301 (d) OF THE DIVORCE CODE Plaintiff, proceedin Co se, respectfully represents: 1. Plaintiff is who currently resides ( NAME at SCI-Cambridge Springs, 451 Fullerton Avenue, Cambridge Springs, PA, Crawford County, since Dec _ C23 , Z3 0045 079 rl (DATE) 2. Defendant is jrl?? who currently "7S has been a bona fide resident in the Complaint. 4. The plaintiff and defendant were married on _ _ at ?2?iL?%/L11 6tz-) U ?'?=/ (CMTY) (STATE;/COUNTY) -5. -- Neither-the plaintiff nor-the defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers` and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. Vr i Commonwealth for at.least six months immediately previous to the filing of this 8 The parties have been Tlviing`?sep :ate andl=.apart sine g c?co Dat 9. 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. 10. Plaintiff avers that there are no children under the age of 18 years born or adopted of this marriage; or: Plaintiff avers that there are children under the age of 18 barn or adopted of this marriage -namely to-wit: NAME 1 DATE OF BIRTH q -1 CA -q 11. Plaintiff has petitioned the court to waive the Seminar for Separating Parents. 12. Plaintiff will furnish the Defendant a petition to waive the Seminar for Separating Parents, and a copy of the Order and Notice of Seminar for Separating Parents. 13. Plaintiff requests the court to enter a decree of divorce. VERIFICATION I verify that the statements made in the Complaint 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. - -- Plaintiff Date )RM 1 Date Ct4??_4a)unty Courthouse RE: DIVORCE Clerk of Courts, Please be advised that I. incarcerated at SCI Cambridge Springs, Cambridge Springs, PA. I am serving a sentence of to J My residence before coming to prison was in?lty• I lived there for // 'years. Upon my release from prison, I will return to-the aforementioned county to live. Per McKenna v McKenna 282 Pa. Super. 451 422 A.2d 668 (1980), my jurisdictional residency for purposes of filing for a divorce is in the county I resided in prior to my incarceration. I respectfully ask this Court to accept this divorce complaint as I have clearly established tha cCIrty is the proper venue for this proceeding. Thank you. Cordially, COVER LETTER COURT OF COMMON PLEAS Coi- PENNSYLVANIA CIVIL ACTION - DIVORCE Cn' ? Plaintiff V8 N0.0 6 --531.5 D naant AFFIDAVIT UNDER SECTION 3301(d) . OF THE DIVORCE CODE 1. -"The parties to this action separated on 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 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. §4904, relating to unsworn falsification to authorities. NOTICE 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. DATE: Plaintif FM 5 cG ? COURT OF COMMON PLEAS OF. a PENNSYLVANIA CIVIL ACTION Plaintiff VS. NO. Tcrm Def en.dant PETITION TO PROCEED. IN FORMA PAUPERIS I, the under ned, do hereby aver that: 1. My name is and I live at S.C.I. Cambridge Springs, 451 Fullerton Avenue, PA 16403-1238. 2. I have filed the above civil action, but I do not have the financial . resources to pay the costs of filing such an action and any other costs of litigation. 3. I am not represented by an attorney in this matter. 4. I have attached an affidavit to this petition concerning my financial situation. 5. I request that the Court allow me to proceed without paying any costs or fees with respect to this litigation. I verify that the statements made in this Petition are true and correct. -- --- to the best-of my knowledge, information and belief. I further understand that any false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsifications to authorities. 4f? I Plaintiff Date: 1 3 COURT OF COMMON PLEAS OF l ??mL COUNTY, PENNSYLVANIA CIVIL ACTION Plaintiff VS. I D M /L I%-A _,--n o 0 a jc/?- Defendant NO. O(o AFFIDAVIT IN SUPPORT OF PETITION TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and assoc- iates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the. fees and cost (a) Name: Address: Social Security Number: (b) - aployment- If you are presently employed, state Employer Address: Salary or wages per month?' Type of work: ?C If you are prese 1y unemployed, state Date of last employment: Salary or wages per month: Type of work: I n _A n -') n Page 2 AFFIDAVIT (c) Other income within the past twelve months Business or profession: Other self-employment: Interest: '?L1YL? Dividends: / Social security benefits: Support payments: Disability payments: Unemployment compensation and supplemental benefits: Workman's compensation : Public assistance: Other: (d) Other contributions to household support Name or names of other persons providing support in the household: For each such person who is employed, state Employer: Salary or wages per month: Type of work: Contributions from children: G? Contributions from parents : Other contributions: ?-? (e) Property owned Cash: --CNt= Checking account: Savings account: Certificates of deposit: Real estate (including home): Motor vehicle: Make Year Cost $ Amount owed $ Stocks; bonds: (jyyZ.Q Other: 2m d w O Page 3 AFFIDAVIT (f) Debts and obligations Mortgage: Rent: Loans: -?1i7C Other: (g) Persons dependent upon you for support Children, if any: 1 Name : I G Y? Age: 1 Age. Age: Age: Other persons: Name: Relationship: 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 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: Petitioner 1 4 PATRICIA NEWTON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 06-5315 CIVIL HENRY NEWTON, Defendant IN RE: PETITION TO PROCEED IN FORMA PAUPERIS ORDER AND NOW, this Z day of September, 2006, the plaintiff is granted leave to proceed in forma pauperis. BY THE COURT, A. Hess, J. atricia Newton S.C.I. Cambridge Springs 451 Fullerton Avenue Cambridge Springs, PA 16403-1238 :rlm J 1 0 :4 Wd 1 Z d3S 90OZ A8vioiNGH10-dd L Jo COURT OF COMMON PLEAS rr?mALVANIA CIVIL ACTION - DIVORCE Plaintiff VS H Defendant S? N0. (?(J1 5-31 PROOF OF SERVICE OF NOTICE TO DEFEND AND CLA4 RIGHTS, COMPLAINT IN DIVORCE AND AFFIDAVIT UNDER SECTION 3301(d) ,"-5eing duly sworn according to law, deposes and Plaintiff says that on the day of I caused to be deposited in the U.S. Mail for delivery to the above-names Defendant by Certified Mail, Return Receipt Requested, a true and correct copy of the Notice to Defend and Claim Rights, Complaint it Divorce, and.the Affidavit Under Section 3301(d) in the above case. Said Receipt is attached hereto, made a part hereof-and marked Exhibit "A". Plaintiff SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 1? NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA ;DDICenifte Marie Fales Notary PublIc dga Springs em Crawford County mmission Expires Dec. 7, 2Qp$ EXHIBIT "A" FORM6 r Camdeae itamsi't 2. Aw i Aids rent 4 If Resbicted t}eNvery is deaited. A. SkAatun?-, D Apsr L ¦ PfNtt yotx vans and eddy on the mveerse 4 0 Addftgn so the3 we c;an Mwn tins card to you. ¦ Atteah this card to the back of the rttailpMM EL ?v ??? f Date ofDq" or on the front K space perry ts. 1. Artlcle Addressed to D. Is dakwy addreee d Rowit from item 1? ? Yes If YES, enter delivery addross below: 0 No j?teny-V /(?ercJtt7n 15/ock c . //o Y-emon 71 Service T?pe O ?. ?-- l I s cq , PQ- / 7 0 l 3 0 PMWredd 0 Platum Reoel{?t far Mwdw r o 4. Fleebicted DeIlVeryt AD** Fee) -WYes 2. Ar" Number ftm ?a09 T C CURT OF ? '_ GIl P=, c =1 A=-LCN - D_n7ORM Pla_=tr= . vs. Lb_..f . ?C03 /Sr ;t AFF'1MVIT UNEER SEMCN 3301 (d) CAF TM DIVCRC'E CCCE i . Check ei t her (a) or (t;) (a) I do nct cr_rose the entry of a divorce decree. (b) I oppose ti"-e entry of a divorce deer, because (Check (i), (ii) or both): ( i ) Tte parties to this action have not lived sanarac to and apart fcr a period of at least two years. (ii )_p;4,T!ie marriage is not irretrievably broken. 2. C_-eck ei truer (a) or (b) : (a) - I do not wish. to make any claims for econa+i c relief . I un(:ie_ z--_s3 that I may lose rights r?nmrn-i ng alimony, division of proper, lawyer's fees or e)Temes if I do not claim there befcre a divo_ is granter. (b) I wish to claim economic relief which may include a 7 ? 71Cm-Y, divis= of property, lawyer's fees or expenses or other ingoz"L =t rights. I unne_,7- _d that it addition to checking (b) above; I =st a7-SO file all of m_v eccncmic clai?"7S with the prothcnot? in w-=t=g and serve them c:-_ the other party. If 1 fail to do so before. -the. date set forth on -the +ct? ce of L- on to Re--._est Divorce De=ee, the divorce decree may be tired wi cL? fuLthe.r =c ?'e to me, and 2 shall be table thereat-1- to e any eccrc-; c claims. I verify -Lat the 5t-atea-em-ts made i. th i 4 counteraff-Fidavit are t--.:e a= correct _ underst -d that false sl?t?e?ts hers:, are made -_=j eat tc the pe- of IS § 4904 r ? _•t. ng to unsr = falsificat-I cL tr authorit . Dat- /-,Z1-O NCC TF YOU =C ?.?= `'' WISH =C C:-PCSE THE M=4 - OF A DIWI ZEC= AM =Y' DU a! . v De-fendat NC'= TO Ngk_3?Z- ?Z_r2?? FC7- :::-NCLMIC REL VOU SEC)UL7 NL7Cr F= c C=-7 OF COITION ± =3 C - COUNTY, l''-?'N`TSYLV?M 7= AC'IrC` - D1vORCE Fialntl:__? y 5 NO. (JCr? 15 tJ Defendant NO.VIC:E; T7 1JE:FEPW AND ? RIGIE-53 You have been sued in cou.. If you wish to defend ac---inst the claim set forth in t e follow ez; you muyt ta<e prompt action. You ar= warned that if you fa- 4-1 tc do so, the ruse may prcceed without you and a decree of di-v-cz--e or annu lze_;, may be en ed aga=----. you by the court. A j udgem-nit may also be enterer ag-. ? nst you for any other cla?-m or relief requested in the=_2 paps -s by the pia' -:tiff . You nx---: also lose coney or propertty or other rights imper-..ant to you, L ncluding cc:.c..cdy or visitation of your children. 'Xhen the grctnd for the di=ce is indis^7jities or irze+rievable br=eF- down of -the marriage, ycu may reques-t arriage counseling. A list of mag?rriage coun- selo_r:- is availa:--1e in the Offi^. - of the Prothonotary at b t IYY{ 1 )4? /?' IF YCU DO NOT FT-?- CLAIM FOR A. 77MONY, DrVISIGN OF PROPERTY, LAWYER'S FEES OR =-NSES BEF = z DIVORCE OR A ,347CLNE2?IT IS C- 7:tP,I'ED, YOU MT LOSE THE r.= TO C A r'i ANY OF =. YOU S:-:C= T_AR = PAPER TO YCC-r: LAW= AT CNCE. IF YOU DO NOT HAVE A U,v= OR G?\OT AFFORD C-, GO TO OR T =_ SHONE 'L- GF_= IC:E: SET FORME =CW To = = OUT -1-= YOU CAN G^ = LEGAL H= _ =?nnsylvania sawyer Refer-?-i Service ^0 South Str--St, P.O. B= 186 arrisbura, F:-,- 17108 'eohone: 1-=00=692-737- f 2 C'? r--7 p _ y COURT OF Cw''MN- PT, S - CIVIL ACTION - DIVORCE ln? vs. ilc-Fan - ? ' - 6(o ;t AFYMAVIT MOM SE)=CN 3301 (d) CF THE DIVORCE CODE i . Check ei she (a) or (b) : (a) I do nct cp_rose the entry of a divorce decree. (b) _j,_ I oppose the entry of a divorce decree because (Check (z), (ii) or both): ( - ) V:e parties to this action have not lived sem-ate and apart ---r a period of at least two years. (ii)_I- The marriage is not irretrievably broken- 2. 07-eck eit (a) or (b): (a) ' I do not wish.- to make any claims for .ic relief . I unde_=,.d that I may lose rights =n erning alimony, division of prope'l', lawyer ' s fees or expenses if I do not clpim them befcre a divorce is grantec. (b) I wish to clam economic relief which may include ali.menY, diviscn c.- proper, , lawyer's fees or expenses or other impol'tant rights. I understand that ii addition to cse--king (b) above, I must a-790 file of my e=mcmic cla i -r,c with the prot?iarotaxy in writing and serve them c the other pa-ty. if I fail to do so before the date set forth on the Nut? ce of I--- i on to Re--,:e-,z- Divorce De=ee, the divorce decree may be entered without further ^_c-L-"4 ce to me, and I shall be urable therea-items- to -1 e any e---r : c cdzj- -= . I veriF . at the st-at`-its made in tais counteraffidavit are true a=te correct. I underst -rc -,=at false statements herein are made subject the pence i `e= of 18 Pa. C. S. § 4904 r? =t ng to unswc= falsificat- nr tc authorities. Dam l???rd Def - NC= -=: IF YOU LC 'I:SH =-P-)_,.c" UM EN OF A DIW-P=- DEMED AND YCU DO NC7' W- TO MARS: ti= Cr,A_TM F'.:F _-'N=C RE Tom, YOU SEC= NCTI FILE TES CO ?am a?c"v ?Ow QUO Zww mm O a ? V z ?mv J m J O t"? CZ, -n t,= c. =4 -T:j ?r M` ? -? fSID COURT- G,w C'-l'!MN PLEAS - , PENNSYLVir- CIVIL A=ON - DIVOR t_f= Plain OMJ).t 11-fi 0 0 1 Aay?-? 0 Defend= -,53 15' PROOF OF SERVICE OF ':v'OTICE Tf-- !)=- --ND AND CLA-`" F._GHTS, CQI°'?' = ', IN DIVOs?..,E A_VL AFFIDAVIT UV=2 SECTION S3G1(d) being d-,;_T sworn acccr=gig to law, d__ cses and _ =aintif f , I caused tc he deposited -=a7s that cn =he_ cZr Cf 07, the U.S_ a;_ for de'_i:s-? _o the above-_ames Defendar.t by Certif_ed Mail, Re -= _._ceipt Recnes:ed, a t=e and correct cep: cf the Notice tz; Defend a=d Claim Ri-'--= cmPlaint in E - once, and --'---e A_==davit ti:~d=_ Section 3^1'a) in the a=c7e case. ;aid Receipt attached made a par hereof. and mare Exhib_t "A". _=aintif EXHIBIT S-?C{y TO AND S =ED B 7F- q E = =S PUBLIC COMMONWEALTH OF PENNSYLVANIA. Notarial Seal Denise Marie Fales, Notary Public Cambridge Springs Boro, Crawford Count/ My Commission Expires Dec. 7, 2 FORM6 Y u y..¢. r COURT OF COMMON PLEAS 0 ufvvaa?_ COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE Plaintiff vs. Defendant AFFIDAVIT OF'NON' MILITARY SERVICE N0. C(o -6,315-- Before me, the undersigned authority, personally appeared who, being duly sworn according to law, deposes and says that she is the Plaintiff in the foregoing Complaint in Diyorce 3301(d) and sets forth that the Defendant, ?-?J...TrJ has never served in the military of this country nor any other country. Plaintiff swears this fact to be true and correct to=:the best of her knowledge, information and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS 14 DAY OF , coo 7 NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA Noal [;Denise Marie a?laes NPublic bridDe Springs Boro, CCommisgion Expires D7, 2 7106 1 4575 1292 4212 8620 Y ' i? i I'?; 5 I I; m T a gym: 71 O > v 3 do O.- J N 00-0 m ca ? "' DMN a0 I Ir i Ln f L D I C L- fU W n m rLJ m r ru L-j ru 132 Ir ru r-l T DC-138A CASH COMMONWEALTH OF PENNSYLVANIA SLIP DEPARTMENT OF CORRECTIONS 1. REQUISITIONING INMATE INSTI UTIONAL NUMBER LOCATION DATE IoaCo?-4 15 C31W 2. RECEIVING INMATE INSTITUTIONAL NUMBER LOCATION DATE 3. ITEMS TO BE CHARGED TO MY ACCOUNT i I `7 0 13 Vb - ?. U VLKItILU _- Fl.l:! S Sig. d t> 4. INMATE'S SIGNATURE 5. OFFICIAL APPROVAL BUSINESS OFFICE'S SPACE CHARGE E TIERED DATE 1-7-0-7 1/ BOO EP R • W - ?UDCLO ????r tGr? oY? o0 jukin • •, w i i ;? i i ?? ?' ` ?, ? -?- r _}? ? ? .a-- T: ...,,,, "i 4_ .. ? . ? ? ;. ?? ~ r r '?????1 ?' . % ? ? .. ....? f? yE COURT OF COMMON PLEAS u?? E'r COL--\TY, PE\--\ SYLVANIA TGt U?? C G? / YCst? Plaintiff, No. vs. Civil Action f?Ton , Defendant. AFFIDAVIT OF CONSENT rce under Section 3301(c) or Section 3301(d) of the Divorce 1. A Complaint in Rvo'9" Code vyas tiled on (date.) ?- 2 The marriage of the Plaintiff and Defendant is irretrievably broken and ninery (90) days have elapsed from the date of filing 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OR SECTION 3301(d) 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 o propern 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 cope 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. SECTION 4904 rLATr G TO UNSWORN FALSIFICATION TO AUTHORITIES. / DATE. P FORM =6 ?? c? ._, ..,, ? ?? ? r=` _ } _T3 ,,,,," ? " y ?'-t --- rn _ ?? r? a ? Office of the Prothonotary Cumberland County Curtis R. Long Prothonotary April 23, 2007 Patricia Newton OK-0264 SCI Camp Hill P.O. Box 200 Camp Hill, PA 17001-0200 Case # 06-5315 Ms. Newton; You need to go to the Prison Library and research what to do if you can not get Henry to sign the needed paperwork. I like you am not an attorney. I can only tell you what needs filed in our office. How you go about getting 0- nPPAPr] infnrmstinn is un to you to research. CURTIS R. LONG Prothonotary Cumberland County_ bet. One Courthouse f-a ' Carlis'QFPWE); H31 Mf-ly -3 "'il I : 52 Ji" Patricia Newtor OK-0264 MOO", o?A0.9 posr' F w a PITNEY 02 1A $ Q1 0004631598 APR MAILED FROM ZIP COE NIXIE 171 CC 1 25 OS/w RETURN TO SENDER REFUSED UNABLE TO FORWARD SC : 170113 *1522-OS0tt j13-j(041 11 i)),)11))1)?1))Jj)1).))))))II IF9i1/iifl}!l1fiF}?rltF?lilli!!1 IN HE OURT OF COMMON PLEAS COUNTY, PENNSYLVANIA Plaintiff, r No. r)Lc> "J ? S vs. Civil Action Q,{7 Defendant. PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly 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) or 3301(d) of the Divorce Code. 2. Date and manner of service of the Complai on or about o a , r, 3 amp via Personal Service ox ertified Mai r Regular Mail under the Prisoner Mailbox Rule. 3. (Complete either Paragraph [a] or [b].) (a) Date of execution of the Affidavit of Cons t/Consent Waiver required by by Section 3301 (c) of the Divorce Code by Plaintiff Vai0-LSaSjC Defendant ?v P- NeA P S N . (b) (1) Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code. (2) Date of service of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code. 4. Related claims pending: None. 11 ?X't ( "A a 0-0 LO L1 e PLAINTIFF Address: L? \V r Ors n L c-,b3 t1A I r 4§ Phone: - O 5c-,3- vYV1>'r` i lr? ?'',??Y i to S . 5. Date and manner of service of the Notice of Intention to ile PraeciP$io Transmits Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d) of the Divorce Code. FORM #11 ` "' c- °?? ? ? ? ? -?} . ?.._ ,..,..?.4..% -. a ?° k. .°? COURT OF COMMON PLEAS CIVIL ACTION - DIVORCE Plaintiff vs. Def e t N0. ( -53l PRAECIPE TO TRANSMIT RECORD To 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 Section 3301 (d) (1) of the Divorce Code. 2. Date and may efsoservice of the complaint: /O -/6'7 __`? I 1/bit rY OrNYN I " ia ?'r) ? ?h t 1eJ ?S?r?1ct 3. (Complete paragraph (b).) (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff, N/A by Defendant NIA (b) (1) Date of execution of the plaintiff's affidavit required by Section (d:) of the Divorce Code: a? 6(9 (2) Date of service of the plain- tiff 's._.affidavit_ upon --the _ efendant r 4. Related claims pending: 5. Date and mann.er.of service of the notice of intention to file praecipe to transmit record; a copy of which is attached, if the decree is to be entered under Section 3301 (d) (1) (i) of the Divorce,Code. P1ai.ntiff - Date : FM 10 C'Z -r? CID I i T3 PATRICIA S. NEWTON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. HENRY A. NEWTON : 06-5315 CIVIL TERM ORDER OF COURT AND NOW, this -2-0\ day of December, 2008, the record being deficient, the request for the entry of a final decree in divorce at this time, IS DENIED. /atricia S. Newton, OK-0264 SCI Cambridge Springs 451 Fullerton Avenue Cambridge Springs, PA 16403 XSCIenry A. Newton GF-0799 Albion 10745 Rte 18 Albion, PA 16475 :sal ?. r c,? ? . _ ?i f: ?.?: tr'P T! } =s' ?? i.t.. L i. ,.1 - 1-=- 7.' •,.. Patricia Newton , Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW n DIVORCE Henry Newton Defendant NO.06-5315 Y CERTIFICATE OF SERVICE - N) I, Christopher Walker, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice of Intention to Request Entry of § 3301 (d) Divorce Decree and Defendant's Counter-Affidavit Under §3301 (d) of the Divorce Code on Mr. Henry Newton, residing at SCI Albion, 10745 Route 18, Albion PA, 16475-0001 by depositing a copy of the same in the United States mail, first class, postage prepaid on January 19 2010. f - G hrist er Walker Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Patrica S. Newton, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVAN IA v CIVIL ACTION-LAW c? Henry A. Newton, : DIVORCE Defendant No. 06-5315 CIVIL TERM PRAECIPE TO REINSTATE COMPLAINT ,- _ to To The Prothonotary: Please reinstate the Divorce Complaint at the above-captioned docket. t hristop ArWalkeZr Certified Legal Intern Meg meYer Supervising Attorney Date: January 29, 2010 Patricia Newton, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Henry Newton, Defendant : NO. 06-5315 DEFENDANT'S COUNTER-AFFIDAVIT UNDER §3301td) OF THE DIVORCE CODE 1. Check either (a) or (b); 4 O (a) I do not oppose the entry of a divorce decree. 1 35 (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): O (i) The parties to this action have not lived separate and apart for a pof,4 le two years. ?- +v rry Cn (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. s 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.5. §4904 relating to unsworn falsification to authorities. Date S Fr' 6rv e f5efenywit NOTARiAI =SA ALAN RIGGALL, Benner TOWf11?liP, Cr oMy Cammtalon bcPlrr PROOF OF SBRVICS I, the undersigned hereby certify that one true and correct copy of the f oregoing peti tion (s) , A41? CC v- e j, f I ?JGlAl- 9 330164) D(UMz-10 ,was served upon the party or parties listed below by: first class sail (certified mail). Servive wav ¦ad*- this--...r, _.,,. day-of 204 0. se Id 4?Q /C-cj (f rc. {{wry n1e?F Q?elce-?s-rle- ??632 ? 1 JY.2 3 IB-08-50 0 ) Patricia Newton : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANA V CIVIL ACTION - LAW . : IN DIVORCE aw X75 Henry Newton r7l) r Defendant :NO. 06-5315 CIVIL TERM G , 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 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on August 18, 2004, 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. §4904, relating to unsworn falsification to authorities. Date Patricia Newton Plaintiff Patricia Newton, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Henry Newton, Defendant NO. 06-5315 CIVIL TERM CERTIFICATE OF SERVICE I, Christopher Walker, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice to Defendant, Plaintiff's Affidavit Under Section 3301 (d), and Defendant's Counter-Affidavit Under Section 3301 (d) of the Divorce Code on Henry Newton, residing at SCI Rockview, Box A, Bellefonte PA 16823 , by depositing a copy of the same in the United States mail, first class, postage prepaid on February 23, 201 . Christ alker Certifie Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 co ? - Tr Patricia Newton, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE N Henry Newton, . _ Defendant i NO. 06-5315 CIVIL TERM , z c rr' ; - -, it, AFFIDAVIT OF SERVICE -? ?= =! I, ?? OCc?C l?rrtp , hereby certify that I personally served a true4nd crQr' , correct copy of the Complaint for Divorce under §3301 (d) of the Divorce ""Code, on Henry Newton, at SCI Rockview, 1 Rockview Place Bellefonte, PA 16823 on E,lY U2?? I verify that the statements made in this Affidavit of Service 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. §4904, relating to unworn falsification to authorities. Date: ' r? ?? Signature IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Patricia Newton Plaintiff : File No. 06-5315 IN DIVORCE Henry Newton, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, Patricia Newton, X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Noss, and gives this written notice avowing her intention pursuant to the provisions of 54 Pa.C.S. § 704. Date: Signature Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF L/1 ac d-- SS. On the ? day of 2010, before me, the Prothonotary or the Notary Public, personally appeared the above affiant, known to me to be the person whose name is subscribed to the within document, and acknowledged that he/she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hand and Notarial Seal. NOTARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DENISE MARIE FALES, Notary Public Cambridge S 6oro., Crawford County My Commissions December 7, 2012 RH?t'FFICE OF TNIE PROTH WOTAR' 2010 MAR 19 PH 2: 4, 3 GU V! _ Patricia Newton, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW N DIVORCE ?:- Henry Newton, Defendant NO. 06-5315 CIVIL TERM CERTIFICATE OF SERVICE `-' cn b I, Christopher Walker, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice of Intention to Request Entry of §3301 (d) Divorce Decree and Defendant's Counter-Affidavit Under §3301 (d) of the Divorce Code on Mr. Henry Newton, residing at SCI Rockview, Box A, Bellefonte PA, 16823-0820 by depositing a copy of the same in the United States mail, first class, postage prepaid on March 19, 2010. 4 Christop er alker Certified Legal Intern to PATRICIA NOSS (NEWTON), PLAINTIFF V. HENRY NEWTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-5315 CIVIL TERM ORDER OF COURT AND NOW, this day of May, 2010, the court being in receipt of a praecipe to transmit the record filed by plaintiff seeking a divorce under Section 3301(d) of the Divorce Code, and the court noting that the defendant has filed a counter-affidavit under Section 3301(d) opposing entry of the divorce decree because, under paragraph 1(b)(ii), the marriage is not irretrievable broken, the court finds that the matter is still in dispute. As such, under 23 Pa.C.S. Section 3301(d)(1)(ii), the court must determine "after notice and hearing ... that the parties have lived separate and apart for a period of at least two years and that the marriage is irretrievable broken." The court further notes that the defendant has made a claim for economic relief but has failed to file any specific claims with the prothonotary. Wherefore, the court directs the plaintiff to move for the appointment of a Master in order to resolve the outstanding issues. By the Court, Albert H. Masland, J. n ^? Z_ I F'S -. - n? C N 1 0 < J . N ,? m A Christopher Walker, Certified Legal Intern Anne MacDonald-Fox, Esquire Family Law Clinic ?nry Newton, HF 9632 Box A Bellefonte, PA 16823-0820 :sal Qc> , ex 'a-t l£cL s?,a.frv ?r? r? PATRICIA S. NOSS, IN THE COURT OF COMMON PLEAF? (Previously Newton) a Plaintiff / Petitioner CUMBERLAND COUNTY, PENNSY Ik VS. CIVIL ACTION - LAW DIVORCE HENRY A. NEWTON, -- U , Defendant / Respondent NO. 06 - 5315 CIVIL TERM PETITION TO BIFURCATE DIVORCE PROCEEDING PURSUANT TO PA R.C.P. 1920.16 and PA.C.S. 3323(c)(1) Plaintiff, Patricia S. Noss, by and through her attorneys, The Family Law Clinic, files this Petition for Bifurcation pursuant to PA.R.C.P. 1920.16 and PA.C.S. 3323(c)(1) and requests that this Honorable Court enter an order bifurcating the divorce proceeding so that Petitioner may proceed with the divorce complaint pursuant to 23 Pa.C.S. § 3301(d). In support of this Petition, Petitioner represents that: 1. Petitioner is Patricia S. Noss whose current address is OK0264 SCI Cambridge Springs, 451 Fullerton Ave, Cambridge Springs, PA 16403. 2. Respondent is Henry A. Newton whose current address is #HF9632 Rockview State Prison, Box A, Bellefonte, PA 16823. 3. Petitioner filed a divorce complaint on September 12, 2006, alleging that the marriage is irretrievably broken under section 3301(d) of the Divorce Code. The complaint was reinstated on January 29, 2010 and respondent was served on February 26, 2010. 4. Petitioner served the Respondent with the Notice of Intention to Request Entry of 3301(d) Divorce Decree on March 19, 2010. 5. Petitioner has attempted to move this divorce proceeding forward. 6. Respondent has continually stalled this divorce proceeding by refusing to accept service, signing documents with falsified names, and at a conference held before Divorce Master Elicker on August 3rd 2010, alleging that he wishes to raise equitable claims and then failing to follow Mr. Elicker's instructions directing Respondent to provide Petitioner with a list of these claims. 7. Once Respondent was notified in writing that Petitioner will petition to bifurcate, he provided a list of his equitable distribution claims. 8. Due to the fact that the parties have been incarcerated since 2006, their belongings were all sold off by Petitioner's parents. The money acquired from this sale was divided and equal portions put onto the parties' prison accounts. As a result, the majority of Respondent's claims are obsolete. 9. Petitioner requests this bifurcation because this divorce action has now been pending for over four years, and Petitioner would like to move on with her life. 10. Respondent will not be harmed if this order is granted because he can still pursue his equitable claims, if he wishes to do so. 11. The Family Law Clinic has not obtained concurrence of opposing counsel pursuant to C.C.R.P. 208.2 because Respondent is acting pro se and therefore no concurrence is necessary. 12. The Honorable Judge M.L. Ebert, Jr. most recently ruled in this case. WHEREFORE, Petitioner respectfully requests that this court enter an order bifurcating the divorce proceeding so that Petitioner may proceed with the divorce complaint pursuant to 23 Pa.C.S. § 3301(d). Respectfully Submitted, Date OW. V_ ?' S K VICTORIA YAR05 10 VSKAYA Certified Legal Intern MEGAN RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition for Bifurcation are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: Patricia Noss Plaintiff / Petitioner PATRICIA S. NOSS, (Previously Newton) Plaintiff / Petitioner VS. IN THE COURT OF COMMON PLEASE OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE C"? rn? cnr G? ?C) N N co HENRY A. NEWTON, Defendant / Respondent NO. 06 - 5315 CIVIL TERM PETITION TO MAKE RULE ABSOLUTE rn ca rxn- "O rn x p o a AND NOW, comes petitioner, Patricia S. Noss (previously, Newton) and petitions the Court as follows: 1 2. 3 4 5 Petitioner, Patricia S. Noss, filed a divorce complaint on September 12, 2006, alleging that the marriage is irretrievably broken under section 3301(d) of the Divorce Code. The complaint was reinstated on January 29, 2010 and respondent was served on February 26, 2010. Petitioner filed a Petition to Bifurcate in this matter on June 2, 2011. On June 6, 2011, this Honorable Court issued a Rule to Show Cause. A copy of the Petition and Rule to Show Cause are attached hereto and incorporated herein by reference as Exhibit "A". The June 6, 2011 Rule to Show Cause permitted Respondent to object to the bifurcation on or before June 27, 2011. A true and correct copy of the Petition and Rule to Show Cause was served upon the Respondent, Henry Newton, by first class mail, postage prepaid, at his last known address on June 9, 2011. Respondent has filed no response or objection on or before June 27, 2011. WHEREFORE, Petitioner requests that this Court enter an Order permitting the bifurcation of this divorce matter. Respectfully submitted, Date: O (j 2? [ 1 %OM 4-) Victoria Yaroslavsk a Certified Legal Intern Meg Riesmeyer THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition to Make Rule Absolute 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. Respectfully, Date: yo V. z Victoria Yaroslavs ya Certified Legal Intern THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 PATRICIA S. NOSS (previously Newton) PLAINTIFF V. HENRY A. NEWTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-5315 CIVIL ORDER OF COURT AND NOW, this 6th day of June, 2011, upon consideration of the Plaintiff's Petition to Bifurcate Divorce Proceeding Pursuant to PA.R.C.P. 1920.16 and PA.C.S. 3323(c)(1); IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before June 27, 2011; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further Order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, Megan Riesmeyer, Esquire Victoria Yaroslavskaya, CLI Family Law Clinic for Plaintiff Defendant ?-A, ?4 -Q '•` Henry Newton M. L. Ebert, Jr., J bas C PATRICIA S. NOSS, G IN THE COURT OF COMMON PLE Fj-- nr (Previously Newton) : Plaintiff / Petitioner CUMBERLAND COUNTY, PENNSYI Ikea ° a VS. ?G "O CIVIL ACTION - LAW c? a r DIVORCE G tom' HENRY A. NEWTON, o Defendant / Respondent NO. 06 - 5315 CIVIL TERM PETITION TO BIFURCATE DIVORCE PROCEEDING PURSUANT TO PA R.C.P. 1920.16 and PA.C.S. 3323(c)(1) Plaintiff, Patricia S. Noss, by and through her attorneys, The Family Law Clinic, files this Petition for Bifurcation pursuant to PA.R.C.P. 1920.16 and PA.C.S. 3323(c)(1) and requests that this Honorable Court enter an order bifurcating the divorce proceeding so that Petitioner may proceed with the divorce complaint pursuant to 23 Pa.C.S. § 3301(d). In support of this Petition, Petitioner represents that: 1. Petitioner is Patricia S. Noss whose current address is OK0264 SCI Cambridge Springs, 451 Fullerton Ave, Cambridge Springs, PA 16403. 2. Respondent is Henry A. Newton whose current address is #HF9632 Rockview State Prison, Box A, Bellefonte, PA 16823. 3. Petitioner filed a divorce complaint on September 12, 2006, alleging that the marriage is irretrievably broken under section 3301(d) of the Divorce Code. The complaint was reinstated on January 29, 2010 and respondent was served on February 26, 2010. 4. Petitioner served the Respondent with the Notice of Intention to Request Entry of 3301(d) Divorce Decree on March 19, 2010. 5. Petitioner has attempted to move this divorce proceeding forward. 6. Respondent has continually stalled this divorce proceeding by refusing to accept service, signing documents with falsified names, and at a conference held before Divorce Master Elicker on August 3"' 2010, alleging that he wishes to raise equitable claims and then failing to follow Mr. Elicker's instructions directing Respondent to provide Petitioner with a list of these claims. 7. Once Respondent was notified in writing that Petitioner will petition to bifurcate, he provided a list of his equitable distribution claims. 8. Due to the fact that the parties have been incarcerated since 2006, their belongings were all sold off by Petitioner's parents. The money acquired from this sale was divided and equal portions put onto the parties' prison accounts. As a result, the majority of Respondent's claims are obsolete. 9. Petitioner requests this bifurcation because this divorce action has now been pending for over four years, and Petitioner would like to move on with her life. 10. Respondent will not be harmed if this order is granted because he can still pursue his equitable claims, if he wishes to do so. 11. The Family Law Clinic has not obtained concurrence of opposing counsel pursuant to C.C.R.P. 208.2 because Respondent is acting pro se and therefore no concurrence is necessary. 12. The Honorable Judge M.L. Ebert, Jr. most recently ruled in this case. WHEREFORE, Petitioner respectfully requests that this court enter an order bifurcating the divorce proceeding so that Petitioner may proceed with the divorce complaint pursuant to 23 Pa.C.S. § 3301(d). Respectfully Submitted, Date 09. l Ll o lV 0) VICTORIA YARD VSKAYA Certified Legal Intern ? 4r°/'/' c? MEG RIESMEYER ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition for Bifurcation are true and correct to the best of my personal knowledge, information and belief. 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 Patricia Noss Plaintiff / Petitioner PATRICIA S. NOSS (previously Newton) PLAINTIFF V. HENRY A. NEWTON, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-5315 CIVIL ORDER OF COURT AND NOW, this 30th day of June, 2011, upon consideration of the Plaintiff's Petition to Bifurcate Divorce Proceeding Pursuant to PA.R.C.P. 1920.16 and 23 PA.C.S.A. §3323(c)(1), the Defendant's failure to answer the Petition as required by Order of Court dated June 6, 2011, and Plaintiff's Petition to Make Rule Absolute; IT IS HEREBY ORDERED AND DIRECTED that the Rule is made Absolute and the Plaintiff's Petition for Bifurcation is GRANTED. By the Court, N - J M. L. Ebert, Jr., J. Megan Riesmeyer, Esquire Victoria Yaroslavskaya, CLI Family Law Clinic for Plaintiff c Henry Newton -°3w Defendant =rn -OM bas (0P; eS ^a, led 613e)111 r ° -,© 2: - C) ro CD `"? °° 1 PATRICIA S. NEWTON, n/k/a PATRICIA S. NOSS, Plaintiff VS. HENRY A. NEWTON, Defendant IN THE COURT OF COMMON PLEAS OF IA,-,, CUMBERLAND COUNTY, PENNSYJ..,VAN a NO. 06 - 5315 CIVIL zrr, cn D IN DIVORCE -ic? >C-) 3 ca-- Z;. c_- ca c-; NOTICE OF FILING OF MASTER'S REPORT c=) . The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within twenty (20) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the twenty (20) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report. c:? ao ? Date: 3/16/12 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. * Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) PATRICIA S. NEWTON, n/k/a PATRICIA S. NOSS Plaintiff VS. HENTRY A. NEWTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06- 5315 CIVIL -1 c-? IN DIVORCE c-71 TRANSCRIPT OF PROCEEDINGS and MASTER'S RECOMMENDATION -0 3 Z --s MW cn > r- X >C-) -C (0 , ?C _ I:c= C-3c p .. m Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on March 15, 2012, commencing at 10:30 a.m. APPEARANCES: Family Law Clinic Attorney for Plaintiff Patricia S. Newton (Noss) Plaintiff Henry A. Newton (Pro se) Defendant PATRICIA S. NEWTON n/k/a PATRICIA S. NOSS, Plaintiff VS. HENRY A. NEWTON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - 5315 CIVIL IN DIVORCE THE MASTER: Today is Thursday, March 15, 2012. This is the date set for a hearing in the above-captioned divorce proceedings. Present in the hearing room is attorney Robert Rains from the Family Law Clinic and his certified legal intern, Laura Munyon. Also present are observers, Patrick Schaeffer and Ujala Aftav. The parties in this action Patricia S. Newton, now Patricia Noss, who has retaken her maiden name, and Henry A. Newton are participating in this hearing by telephone. The complaint in divorce was filed on September 12, 2006. The complaint avers that the marriage between the parties is irretrievably broken. No economic claims were raised in the complaint. An affidavit under Section 3301(d) was sent to the Defendant. The affidavit averred that the parties have been separated for a period in excess of two years, since October 18, 2004. The affidavit by the Plaintiff was filed on February 23, 2010. The Defendant, Henry Newton filed a 1 counter-affidavit. It appears in the file that there are a couple counter-affidavits filed, but the relevant counter-affidavit that we are dealing with today was filed and indicates that Mr. Newton opposes the entry of a decree because the marriage is not irretrievably broken and that he wishes to raise economic claims. It is noted that no economic claims have been raised by either party -- MR. NEWTON: I object, Your Honor, because I had sent the Court -- I had sent to the Court and to the attorney for Patricia -- I had sent them stuff and they had even called the prison here to talk to me about it and then that's when they filed to bifurcate it. THE MASTER: Well, there are no claims raised. You said you wished to raise claims; no claims have been raised by you or by your wife. The only issue we are hearing this morning is the issue as to whether or not the marriage is irretrievably broken. Judge Ebert entered an order bifurcating the action but there is nothing in the order indicating that he preserved any economic claims. MR. NEWTON: They -- I think it is called bifurcated -- THE MASTER: The matter is bifurcated but the order does not indicate that there are any economic claims preserved. There are no claims raised. MR. NEWTON: Well, I am going to ask for a 2 continuance because I had filed the paperwork. I had sent a copy to her attorney and also to the Court concerning the matter. THE MASTER: Have you received any petition raising claims? MS. MUNYON: We have not received a petition. We did receive a letter stating that there was some property, that is the only thing I have received. THE MASTER: What is your position regarding the economic issues that are raised in that letter? MS. MUNYON: Our position is that no economic claim has been raised. THE MASTER: And, therefore, there is no issue pending here for economic claims? No claim has been raised for equitable distribution in this action. Ms. Noss, we are going to swear you and we are going to have you testify. If you do not hear us or you do not understand the question, just let us know. Whereupon, PATRICIA SUE NOSS, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. MUNYON: Q Can you state your name for the record, please? A Patricia Noss. 3 Q Where do you reside? A 900 West Third Street, Williamsport, Pennsylvania, at Transitional Living Center. Q Are you married? A As of right now, yes, separated. Q To whom are you married? A Henry A. Newton. Q Do you have any children together? A Yes, two, Heather Ann Noss and Brandon Paul Newton. Q When is the last time you resided together? A August of 2004. Q Where does Mr. Newton reside? A At that point we were still residing at 131 East Green, Mechanicsburg, and right now, I guess, he is still at Rockview State Prison. Q Can you tell Divorce Master Elicker, in your own words, how you feel about reuniting with Mr. Newton? A I do not want to do it. Our marriage is broken. It's been broken for a very long time and I don't wish to continue. Q Can you tell us, please, what you would like this Court to do for you? A I would like them to sever all bonds and just -- there is no communication or anything, even through 4 family. MS. MUNYON: No further questions. THE MASTER: Ms. Noss, you have not had any relationship with your husband since your separation? MS. NOSS: We had been writing letters for a while while we were in prison and that discontinued. THE MASTER: And since the letters have discontinued, has there been any association? MS. NOSS: No. THE MASTER: And when did the letters discontinue approximately? MS. NOSS: 2008 I believe. BY THE MASTER: Q And to confirm what your testimony is, you have no intention of trying to reconcile with your husband to resume any kind of marital relationship? A None whatsoever. THE MASTER: Mr. Newton. MR. NEWTON: Yes. THE MASTER: Do you want to ask your wife some questions? MR. NEWTON: No; not at this time. THE MASTER: This is your chance. If you have any questions, now is the time to ask them. MR. NEWTON: Anyway I want to appeal this to 5 the Court of Common Pleas because -- since they did note that the letter had came in about the property. THE MASTER: Yes, apparently there is a letter but there is no claim raised in the action for equitable distribution. MR. NEWTON: Well, that letter was supposed to raise it because I sent the Court a copy and I sent the attorney -- she requested a copy when she talked to me, I raised it then. THE MASTER: Well, we don't have any claims raised. I have nothing in my file that you raised any claim for equitable distribution. MR. NEWTON: When -- the reason for the bifurcation was because I had raised claims. THE MASTER: Well, the order doesn't indicate that there are any claims preserved. MR. NEWTON: When they done the bifurcation the claims were apparently raised in order for them to bifurcate the case. Either way I'm going -- I need this to go in front of the Common Pleas Judge, civil division. THE MASTER: All right. We are going to file a report indicating that the marriage is irretrievably broken and recommending a decree and you can file whatever you want to file in response to that. MR. NEWTON: Okay. Because this bifurcation 6 was done in order for -- because I had filed for certain property that her family has of mine. THE MASTER: We are going to ask you to be sworn and then we will have the attorney for Ms. Noss ask you some questions. MR. NEWTON: Okay. Whereupon, HENRY A. NEWTON, having been duly sworn, testified as follows: DIRECT EXAMINATION BY MS. MUNYON: Q Mr. Newton, are you intending to resume the marriage and marital relations with Ms. Noss? A Don't know. MS. MUNYON: No further questions. THE MASTER: That is all we have today. Thank you, folks, for being available. We will file a report and if you wish to file exceptions, you can do so. MR. NEWTON: Okay. How do I file notice of appeal? THE MASTER: us and you will be instruct, MR. NEWTON: raised on the property. THE MASTER: family has this property so Well, you will get a notice from =d on how to do that. Okay. Like I said, issues was And you're claiming that her what you could do is file a 7 claim against her family. MR. NEWTON: Well, her family is keeping it for her. THE MASTER: Well, that's going to be -- if that is an issue that is going to be preserved, that's not before me right now. The Judge may have to direct that I hear that but I'm not hearing it today because there is no claim raised. MS. NOSS: Your Honor. THE MS. THE MS. claiming is the rii and I gifted those THE aren't they? MASTER: Yes. NOSS: May I insert? MASTER: Yes. NOSS: One of the things that he is ags that were bought during our marriage to my daughter. MASTER: Well, they are your rings, MS. NOSS: Yes, they were. MR. NEWTON: No; because they were bought with my money. It was actually bought with money that I got from taxes. THE MASTER: Well, they were bought during the marriage? MR. NEWTON: Yes, so they are ours. They are still marital property because they -- the rings were 8 wedding bands due to the fact that we were still -- it was for the marriage. (Whereupon, a discussion was held off the record.) THE MASTER: We are done here for the day. Thank you. (Whereupon, Court concluded at 10:50 a.m.) 9 CERTIFICATION I hereby certify that the proceedings are contained fully and accurately in the notes taken by me on the abovecause and that this is a correct transcript of same. Traci J. Colyer Official Stenographer The foregoing record of the proceedings on the hearing of the within matter is hereby approved and directed to be filed. Date E. Robert Elicker, II Divorce Master 10 DISCUSSION After hearing the testimony of the parties, it is clear to the Master that the marriage is irretrievably broken. Wife testified that after separation in 2004, the only contact between the parties was some letters that they exchanged while in prison. After 2008 there were no letters and no further contact between the parties. Wife was clear in her testimony that she had no intention of wanting to resume the marital relationship and that she wanted to proceed with the divorce. There was a bifurcation order entered on June 30, 2011, by Judge Ebert; however, it is unclear to the Master why the case was bifurcated inasmuch as there were no economic claims preserved in the order. Further, as noted in the comments and testimony, no petition or pleading was filed raising any claims for equitable distribution. Consequently, the Master dealt with the issue pending before him, namely, whether or not the marriage is irretrievably broken. As noted, the Master has no difficulty in making a finding that there is no intention by wife to resume the marital relationship. RECOMMENDATION The parties are entitled to a divorce under Section 3301(d) of the Domestic Relations Code, having been separated since August 2004. Further, the Master finds, after hearing, that the marriage between the parties is irretrievably broken and that wife has no intention of resuming the marital relationship. Respectfully submitted, L"jJ+d& E. Robert Elicker, II Divorce Master THE PRDTHON ;fir is '1, 201. 2 APR 19 PM 1: 4 0 CUMBERLAND COUNTY PENNSYLVANIA Patricia Noss , Plaintiff V. Henry Newton, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE AND CUSTODY : No. 06-5315 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To 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 and separation for two years under §3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Personal service on Defendant at SCI Rockview 1 Rockview Place Bellefonte, PA 16832 on February 26, 2010. 3. Complete either paragraph (a) or (b): (b)(1) Date of execution of affidavit required by 3301(d) of the Divorce Code: February 18, 2010; (b)(2) Date of filing and service of the plaintiff s affidavit upon the respondent: Filed on February 23, 1010 and served by first-class mail February 23, 2010. 4. Related claims pending: none 5. Complete either (a) or (b): (a) Date and manner of service of the notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: Service by first class mail on March 19, 2010. ? ?4 Date aura Munyon Certified Legal htern Megan esmeyer, Esq. Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Patricia Noss V. Henry Newton NO. 06-5315 DIVORCE DECREE AND NOW, , ???? , it is ordered and decreed that Patricia Noss , plaintiff, and Henry Newton , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, ,I*" Attest: , \ N \ J. notary ?O?l e d cop y ,vg'Gecr' r4? a/