HomeMy WebLinkAbout02-2791IN THE 'COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff :
:No.
..,.~'f.~. : IN DIVORCE
Defendant :
Civil Term
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU H,4 VE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take prompt antion.
You are warned that if you fail to do so, the ease 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 fights 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 eotmseling. A list of marriage counselors is available in the 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 hah demandado a usted a la torte. Si usted quiere defenderse en contra estas demandas
expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la feeha de la
demanda y la notificacion. Usted debe presentar una apariencia eserita o en persona o por
abogado y arehivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en
contra suya.
Se has avisado que si usted no se defienda, la corte tomato medidas y puede entrar una
orden contra usted sin previo aviso o notificacion y por cualquier que ja o alivio que es pedido en
la petition do demanda~ USTED PUEDE PERDER DINERO O PROPIENDADES O OTROS
DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO 1NMEDIATAMENTE. SI USTED NO
TIENE O CONOCES UN ABOGADO, VAYA EN PERSONA O LLAME POR TELEFONO A
LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABA JO 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. Ail 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
:IN,=-oo=T oF oo oN PLE^S oF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : NO. 2002- ~ ~'~ ~ I
Defendant, S:
: IN DIVORCE
COMPLAINT UNDER §3301(c) or (d) OF THE DIVORCE CODE
Plaintiff is
~_~k.ll"h ~,who currently resides at
Cumberland County, Pennsylvania.
Defendant is {~.~P~_.LI ~__tCh~ ~,~who currently resides
at
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at
least the six months prior to the filing of this Complaint.
4. Plaintiff and Defendant were married on
at
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 iPlaintiff may have
the right to request that the Court require the parties participate in counseling.
WHEREFORE, Plaintiffrequests the Court to enter a Decree of Div~
Date ~' P m~tift ~
I, ~1 ~tl~4t, b~YhLJ0~', verify that the statements made in this Complaint
are hue 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. {}4904.
Date
VICES
PRo SED ORCE CL;
8 Irvine Row
Carlisle, Pennsylvania 17013
(717) 243-9400
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v : NO. 2002- ~'7 c~ [
t tae CIV ACTION-LAW
Defendant :
: IN DIVORCE
PETITION TO PROCEED IN FORMA PAUPERIg
The Petitioner, (a~'!~l~ , I-.._~.~lrl [J,.J[2~., is the Plaintiffin this action. On
her behalf, I, Joan Carey, attorney for 14IidPe~m 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 casepro 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.
Pro Se Divorce Clinic
8 Irvine Row
Carlisle, PA 17013
Plaintiff
VS.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. CIVIL TERiVl
Defendants '~"F'..
AFFIDAVIT IN S~PORT OF PE~ON
FOR L~ TO PROCE~ ~ FO~ PA~S
1. I m the~l~t~ ~e above mawr ~d b~use of my ~ci~ ~n~fion am unable to pay
· e f~ ~d costs of pros~u~g, defend~g, or ap~g ~e action or prong.
2. I m unable m ob~ hnds ~om ~yone, ~clud~g my f~y ~d associates, m pay ~e cosu of
~figafion.
3. I repr~ent ~at ~e ~formafion bdow rela~g to my ab~ to pay the f~s ~d costs is me ~d
~t.
If you ~e pre~nfly employS, state
Salary or wages per month:
Type of work:
If you are presently unemployed, state
Date of last employment:
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 Seaurity benefits:
Support payments:
Disability payments:
Unemployment compensation and
supplemental benefits:
Workman's compensation:
Public Assistance: ~,~/~
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (husband) (wife) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from ctfildren:
(e) Property owned
C h:
Checking Account:
Savings Account.'~.
Certificates of Deposit:
Real Estate (including home): OqOIcO~l._ ) [c:awl~ ~'~'~XZ)OO. cOO
Cost ~ Amount owed
Stocks; bonds:
Oth :
(f) Debts and obligations
Mortgage:
Loans: ,~,.t/~
Monthly Expenses: "~OO
(g) Persons dependent upon you for support
(Wife) (Husband) Name:
Children, if any:
Name: pl/~
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 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:~Oo~
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
'HE VITAL STATISTICS FORM.
~LEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN
FO THE PROTHONOTARY'S OFFICE.
DOCKET NUMBER:
DATE OF MARRIAGE: ~'~O~/,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002- ~-I~1 :
~ ~'d. CIVIL ACTION- LAW
Defendant :
: IN DI¥ORCE
ACCEPTANCE OF SERVICE
I ~)~_~c~e~ 1 ~M~ ~ k~ ~F., do hereby depose and say that, on behalf of
(name ofpersofi accepting service)
and on the authorization of the Defendant, I personally received and accepted service ora 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 unsworn falsification to authorities.
Name o-f pe~on accepting servi~e
SOCIAL SECURITY INFORMATION SHEET
PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1 (a) (3) ALL DIVORCES MUST
INCLUDE THE PARTIES SOCIAL SECURITY NUMBER
PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE
PROTHONOTARY'S OFFICE
DATE: k~9 -- O l. Jr-
DocI T NUMBER:
DEFENDANT~SPONDENT
CHARITY LYN WADE, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
v. · NO. 2002-2791 CIVIL
WESLEY EARL WADE, JR., '
Defendant ' IN DIVORCE
AFFIDAVIT OF CONSENT.
4. A complaint in divorce under §3301(c) of the Divorce Code was filed on June 7,
2002.
5. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have
elapsed from the date of filing and service of the Complaint.
6. 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 true 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: I I I~(-~ ~0o'~L Signature: ~~~ ~' '~~~
Wesley Earl x~q)de, Jr.
CHARITY LYN WADE,
Plaintiff
WESLEY EARL WADE, JR.,
Defendant
· IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
· NO. 2002-2791
· IN DIVORCE
CIVIL
AFFIDAVIT OF CONSENT
4. A complaint in divorce under §3301(c) of the Divorce Code was filed on June 7,
2002.
5. The marriage of plaintiff and defendant is irretrievably broken, and ninety days have
elapsed from the date of filing and service of the Complaint.
6. 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 true 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: i {/,~O/eS~ Signature: ~D & ~J-~
I t Charitv~vn Bade
CHARITY LYN WADE,
Plaintiff
WESLEY EARL WADE, JR.,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-2791
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A
DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE
4. I consent to the entry of a final decree of divorce without notice.
5. 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.
o
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 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:/_~C~,a~
Signature:
Charity l~n ~qade
Charity Lyn Wade '
Plaintiff '
VS.
Wesley Earl Wade, Jr. '
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY PENNSYLVANIA
No. 02-2791
Defendant · IN DIVORCE
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 under Section 3301(c) of the
Divorce Code.
2. Date and Manner of service of the Complaint: Defendant signed Acceptance
of Service form on June 18, 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, 11/30/02; by Defendant, .11/30/02.
(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 Plaintiff's Affidavit upon Defendant: N/A
4. Related claims pending: There are no outstanding claims·
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: February_ 11, 2003.
(c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed
with the Prothonotary: April 7, 2003.
Plaintiff' s Social Security Number: 176-54-4018
Defendant's Social Security Number: 223-94-3631
~" Jban Car? ....
-" Attorney for Plaintiff~
MidPenn Legal Services
8 Irvine Row
Carlisle, PA 17013
(717) 243-9400
COURT OF COMMON
OF CUMBERLAND cOUNTY
STATE OF ~ PENNA.
CHARITY LYN WADE
VERSUS
WESLEY EARL WADE~
NO.
2002-2791
JR.
PLEAS
DECREE IN
DIVORCE
AND NOW, I~~ ~ ~
CHARITY L~N WADE
DECREED THAT ~
~ IT IS ORDERED AND
, PLAINTIFF,
, 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;
ALL CLAIMS HAVE BEE~ RESOLVED-
BY Cou
ATTEST: /
~~~iI~ROTH O NOTARY