HomeMy WebLinkAbout94-06348
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: IN THE COURT OF COMMON PLEAS :
. OF CUMBERLAND COUNTY .
8 .
: STATE OF '* PENNA. :
. .
. STACY A. WILKINS, .
: Plaintiff l\: ().~3411........., .~.I.Y.~k I') 94 :
. Vel'SIIS .
. JAMES A. WILKINS, .
. Defendant .
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. DECREE IN .
: DIVORCE if. 2-~'JLf
: AND NOW, "~"'~~"" 19'1( it Is ordered and ;.
, STACY A. WILKINS .
. decreed that""" "JAMES"A:' wiLKiN's"'"'' "'" """"'. plaintiff. .
. and ' , , , , , , ' , , , , , , , , , , , , , , , , , , , , , . , , , , , , , , , , , , , , , , , , , , , , , , , , '. defendant. .
. are divorced from the bonds of matrimony. .
· 8
. 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 .
: be.n.nt...d, NO", ......... ..................................... !:
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5.
Date and manner of service of the notice of intention to file praecipe to
UlJWnit record, a copy of which is attached:
February 21, 1995 by personal service
upon the defendant at the Family Law Clinic, 45 N. Pill Street, Carlisle, 17013.
Date "y /16/96
~./
JftJ'WI u.'I-
THattAS M. PLACE
ROBERT E. RAINS
UNDA E, FISHER
Supervising Attorney
THOMAS L. PEELER
FAMILY LAW CUNIC
45 North Pill Street
Carlisle, PA 17013
717/240-5204
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STACY A, WILKINS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
(.,3..8
: NO, 94- CIVIL TERM
JAMES A. WILKINS,
Defendant
NOTICE TO DEFEND AND CLAIM RIGH'f5
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 ill
the Office of the Prothonotary, Cumberland County Courthouse, Cadisle, 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,
Court Administrator
Cumberland County Courthouse
Carlisle. PA 17013
717/240-6200
,
. ,
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
STACY A. WILKINS,
Plaintiff
JAMES A, WILKINS
Defendant
" 3" 8
: NO, 94- CIVIL TERM
COUNT I.
DIVORCE UNDER 23 Pa.C.S. SECTION 330U(:) OR 330Ud)
OF THE DIVORCE CODE
The plaintiff, Stacy A, Wilkins, by her attorneys, the Family Law Clinic, sets forth
the following cause of action:
1. Plaintiff is Stacy A, Wilkins, who currently resides at 19 Coral Drive.
Carlisle, Cumberland County, Pennsylvania,
2. Defendant is James A, Wilkins, who currently resides at 125 Lakeview Drive,
Carlisle, Cumberland County, Pennsylvania,
3. Plaintiff and defendant have been bona fide residents in the Commonwealth for
at least six months immediately previous to the filing of this Complain',
4.
5,
6.
parties,
7,
8.
I'
Plaintiffand defendant were married on September 29, 1990.
Plaintiff and defendant have lived separate and apart since February 1992.
There have been no prior actions of divorce or for annulment between the
The marriage is irretrievably broken,
Plaintiff has been advised ,hat counseling is available and that plaintiff may
have the rilht to request tha,the court require the parties to participate in counseling.
I ,
. ,
WHEREFORE, plaintiff requests the courlto enter a decree in divorce dissolvina the
marriage.
COUNT II.
CUSTODX
9. Plaintiff repealS and realleges paragraphs one through eight.
10. Plaintiff seeks custody of the following child:
Name
Present Residence
Ale
Keenan Bret Wilkins
19 Coral Drive, Carlisle
3 yean
The child was not born out of wedlock,
The child is presently in the custody of Slacy A, Willdns, who resides at 19
Coral Drive, Callisle, Cumberland County, Pennsylvania,
During the past five years, the child has resided with the following persons
and at the following addresses:
Pusons
Addresses
Dates
Stacy and James Wilkins
102 E, Main Street Apt S
Mechanicsburg, P A
Birth-
9191
9/91
Stacy and James Wilkins
Todd Minnich
417 Bobcat Road
Newville, PA
Slacy and James Wilkins
Todd Minnich
SOS B, Street
Carlisle, PA
10/91.
1/92
1/92.
2/92
Slacy and James Wilkins
50S B, Street
Carlisle, PA
Slacy Wilkins
50S B, Street
Carlisle, PA
2/92.
6/92
6/92.
8/92
Stacy Wilkins
411 Baltimore Ave.
MI. Holly, PA
. .
Stacy Wilkins. Allen and Lena 125 Lakeview Drive 8/92.
Wilkins and Jim Wilkins Carlisle, PA 10/92
Stacy Wilkins 3101 Carlisle Springs Rd Lot 2 11192-
Carlisle, PA 6193
David E. & Bette J, Miller 1950 Waggoner's Gap 6/93.
Carlisle, PA 8/93
Stacy Wilkins 3101 Carlisle Springs Rd Lot 2 8/93-
Carlisle, PA 9193
Stacy Wilkins 3101 Carlisle Springs Rd Lot 2 9193-
Ron Colson Carlisle, PA 12/93
Stacy Wilkins 3101 Carlisle Springs Rd Lot 2 12/93.
Carlisle, PA 3194
Stacy Wilkins 19 Coral Drive 3/94-
Carlsile, PA Present
The mother of the child is Stacy Wilkins, currently residing at 19 Coral Drive.
Carlisle, Cumberland County, Pennsylvania,
She is married,
The father of the child is James A, Wilkins, currently residing at 125
Lakeview Drive, Carlisle, Cumberland County, PelUlsylvania,
He is married,
II, The relationship of the plaintiff to the child is that of mother. The plaintiff
currently resides with no one other than the child,
12, The relationship of defendant to the child is that of father, The defendant
currently resides with the following persons:
Name
Relationship
Lena and Allen Wilkins
Parents
, .
13. Plaintiff has not panicipated as a pany or witness, or in another capllCity, in
other litigation concerning the custody of the child in this or another coun.
Plaintiff has no information of a custody proceeding concerning the child
pending in a coun of this Commonwealth,
Plaintiff does not know of a person not a pany to the proceedings who has
physical custody of the child or claims to have custody or visitation rights with respect 10 the
child.
14. The best interest and permanent welfare of the child will be served by arantlllJ
the relief requested because:
a) Plaintiff has been primary caretaker of the child since birth;
b) Plaintiff provides the child with a home with adequate moral, emotional
and physical surroundings as required to meet the child's needs;
c) Plaintiff is willing to accept custody of the child;
d) Plaintiff continues to exercise parental duties and enjoys the love and
affection of the child;
e) Defendant has not indicated to plaintiff an interest in acccptilll custody of
the child.
1', Each paren, whose parental rights 10 the child have not been terminated and
the person who has physical custody of the child have been named as panics to this Kllon,
, ,
WHEREFORE. plaintiff requests the court to grant her custody of the child, subject
to visitation as the parties may agree to in the future. and such other relief as the court
deems just.
Date
II I~ /;1
, .
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Tara J.
Certified
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THOMAS M. PLACE
ROBERT E, RAINS
LINDA E, FISHER
Supervising Attorney
THOMAS L, PEELER
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle. PA 17013
717/240-5204
..1..........
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COMMONWEALTH OF PENN5YLV ANIA :
COUNTY OF CUMBERLAND: 55.
I verify that the statements made in this Divorce Complaint are trUe and correcl to the
best of my personal knowledge and belief, I undentand that false statements herein are
made subject to the penalties of 18 Pa,C.5. 14904. relatina to unsworn falsification to
authorities.
Date: J I.. -;;2.'lt
j;k"'J, II t.#f~
STACY . WILKINS
. .
, , ,
. .
STACY A. WILKINS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY , PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
JAMES A. WILKINS,
Defendant
: NO, 94-
CIVIL TERM
AFFIDAVIT OF CONSENT
I. The parties to this action separated in February 1992 and 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. f 4904, relating
to unsworn falsification to authorities,
Date~
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: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE. CUSTODY
: NO. 94-6348 CIViL TERM
STACY A. WILKINS,
Plaintiff
JAMES A. WILKINS,
l')efendant
NOTICE OF INTENTION TO REOUEST ~NTRY OF DIVORCE DECREE
TO: JAMES A, WILKINS
125 LAKEVIEW DRIVE
CARUSLE. PA 17013
You have been sued in an action for divorce. You have failed to amwer the complaint
or file a counter-affidavit to the plaintiffs affidavit. Therefore. on or after, March 14. 1995.
the plaintiff can request the court 10 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 dale, the court can enter a final decree
in divorce, Unless you have already filt'.d 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 riiJit 10 ask for economic relief,
A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY
OF THE COURT IS ATIACHED TO THIS NOTICE,
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 1,EGAL HELP.
Court Administrator
Cumberland County Courthouse
Carlisle. PA 17013
717/240-6200
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STACY A. WILKINS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION. LAW
: IN DIVORCE, CUSTODY
JAMES A. WILKINS
Defenduu
: NO. 94-6348 CIVIL TERM
CERTIFICATE OF SERVICE
; Tara J. Kirkendall, Cerrified Legallnlern, Family Law Clinic, hereby certify that I
have served a IrUe and correct copy of said Notice of Intention to Request Entry of Divorce
"
Decree ~ Defendant's Counter-Affidavit on James A, Wilkins, residing ~t 125 Lakeview
,
Drive,,:,~arlisle, Cumberland County, Pennsylvania, by hand delivering a copy of the same to
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the defendant at the Family Law Clinic, 45 N, Pill Street, Carlisle, Cumberland County,
Pennsylvania, 17013, this 21st day of February, 1995,
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MAR 11995~
STACY A. WILKINS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
JAMES A. WILKINS,
Defendant
: NO, 94- 6348
CIVIL TERM
CUSTODY AND VISITATION AGREEMENT
THIS AGREEMENT, made this J I day of /ihll.-wr'/ 1995, between plaintiff. Stacy
A, Wilkins, hereinafter Mother, residing at 19 Coral Drive. Carlisle. Cumberland County,
Pennsylvania, and defendant, James A, Wilkins, hereinafter Father, residing at 125 Lakeview
Drive, Carlisle, Cumberland County, Pennsylvania concerns the custody and visitation of the
child: Keenan Bret Wilkins,
WHEREAS, plaintiff and defendant desire to enter into an agreement as to the custody
of the child and to have this agreement made an Order of Court, plaintiff and defendant agree
to the following:
1, Mother is represented by the Family Law Clinic,
2, Father is not represented by an attorney, but has been informed of his right to consen'
an attorney in this matter,
3, Father has been informed that the Family Law Clinic represents, his wife in this
matter and is not representing him or providing him with legal advice in this matter,
4, Mother shall have sole legal custody of the child subject to periods of partial custody
at time to be agreed to by the parties,
5, The father will not be under the influence of drugs or excessive alcohol in the
presence of the child nor shall the father smoke in the presence of the child or allow others to
smoke in the presence of the child,
.. .......
6. The child will wear a scatbelt st all times while In a movlna motor vehicle wben be
is In the custody of the father,
7. Twenty-four hours notice will be required if the father will not make his scheduled
visitation. Failure to provide this notice will result in the loss of the next scheduled visit.
8. Neither the father or the mother will speak ill of the other while the child Is In his/ber
custody.
9. The child will not be removed from the County without the consent of the custodial
parent,
10. The parties hereto intend to be legally bound by the tenns of this agreement.
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Thomas ' Place
Robert E, Rains
Linda E, Fisher
Supervising Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle. PA 17013
717/240-5204
Sa Ordered:
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STACY A. WILKINS.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY . PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE. CUSTODY
"3~8"
: NO. CIVIL 1994
JAMBS A. WILKINS,
Defendant
ORDE~ OF COURT
AND NOW, this t.f r'" day of l-hV.f .....,ew'-1994. on consideration of the attached
petitiooer's Affidavit. leave is granted to the petitioner to proceed in fonna pauperis to the extent
that she is relieved of all costs in this action.
By the Court.
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J.
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STACY A. WILKINS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
JAMES A. WILKINS,
Defendant
: NO, 94-
CIVIL TERM
PETITION TO PROCEED IN FORMA PAUPERIS
Stacy A. Wilkins, plaintiff in the above titled action. respectfully requests this
Honorable Court to grant her leave pursuant to Pa,R.C.P. 1920,62 proceed In fonna
pauperis to the extent that she be relieved of all costs allendant to this action,
Dale
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THOMAS M. PLACE
ROBERT E, RAINS
UNDA E, FISHER
Supervising Allomey
THOMAS L. PEELER
FAMILY LAW CUNIC
4~ North Pill Street
Carlisle. PA 17013
717/243-2968
,
"
S1 ACY A. WILKINS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY. PENNSYL V ANJA
v.
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
JAMES A. WILKINS,
Defendant
: NO, 94-
CIVIL TERM
A1TORNEY'S AFFIDAVIT SUPPORTING PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
I, Tara J. Kirkendall, of the Family Law Clinic, attorney for the party petitlonlna to
proceed In fonna pauperis, cenify that I believe petitioner is unable to pay the costs of InstilUtina
this action and that I am providing free legal service to petitioner,
Plaintiffs Affidavit showing inability to pay the costs of litigation is attached hereto.
Date
II /.; / IJI
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~~9-
THOM S M, PLACE
ROBERT E, RAINS
LINDA E, FISHER
Supervising Attorney
THOMAS L. PEELER
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
'\
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v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE, CUSTODY
: NO. CIVIL 1994
STACY A. WILKINS,
Plaintiff.
JAMES A. WILKINS,
Defendant
AFFIDAVIT SUPPORTING PETITION FOR LEAVE
TO PROCEED INFORMA 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 or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the coslS of litigation,
3. I represent that the information below relating to my ability to pay the fees and
cO$lS is true and correct.
'(a) Name: Stacy A, Wilkins
Address: 19 Coral Drive
Social Security No,: 17~-~8-71l7
(b) Employment
If you are presently employed. state
Employer:
Address:
Salary or wages per month:
Type of work:
If you are presently unemployed. state
Date of las' employment: July 1993
Salary or wages per month: $900,00
Type of work: Cashier
(c) Other income within the pas' twelve months
Business or profession: NONE
Other self-employmell~: NONE
Interest: NONE
Dividends: NONE
Pension and aMuldes: NONE
Social security benefits: NONE
Suppon payments: S~O,OO
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Disability payments: NONE
Unemployment compensation and supplemental benefits: NONE
Workman's compensation: NONE
Public AsslstanCC: $316.00
Other: food stamps: $185,00
(d) Other contributions to household suppon
Name: NONE
Employer: N/A
Salary or wIges per month: N/A
Type of work: N/A
Contributions from children: NONE
Contributions from parents: NONE
Other contributions: NONE
(e) Property owned
Cash: $5.00
Checking account: $5,00
Savinas account: $5,00
Ceniflcates of deposit: NONE
Real estate (includina home): NONE
Motor vehicle: NONE
Stocks; bonds: NONE
Other: NONE
(f) Debts and obligations
Mongage: NONE
Rent: $475,00
Loans:
Other:
Electric: $180.00
Phone: $524,19
Carlisle Propane Company: $54.16
BMG Music Service: $23.12
Mystry Library: $11.82
MBl: $29.90
TV Cable of Carlisle: $44.63
North Shore Agency (Columbia House): $110.78
Avon: $87,36
PP&:L: $581.99
Griffie Associates: $66,00
Brookwood Spring Water: $3,92
Sears Cmli' Card: $703,09
Blair Clothing: $74,81
Beachy Associates: $3,00
Cosmetlque: $39,70
Carlisle Hospital: $3361.69
Belvidere Medical Corporation: $1815.00
"
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York Sprinas Auto Acution: $10.00
Mary Miller Estate: $50.00
Better Homes and Gardens: $35.45
Roda1e Books: $33.17
Groiler: $42,19
RWC Emeraency Physicians: $254,60
Boro of Carlisle: $41.84
Literary Guild: $16,22
Carlisle Peditritians: $66.00
Carlisle Ambulance: $225.00
RAB Mobile Gas: $241.32
Finger Hut: $206,81
Slim Time: $322,40
Fillless Unlimited: $796.95
Carlisle Image: $456,00
(a) Persons dependent upon you for support
Name:
Children. if any:
Name: Keenan Bret Wilkins Aae: 3 yean old
Other persons: NONE
Name: N/A
Relationship: N/ A
4. My husband. Jame~ A, Wilkins. presently resides at 125 Lakeview Drive. Carlisle.
Cumberland County. Pennsylvania, He is 24 years old.
(a) I last lived with my husband James A, Wilkins in February 1992.
(b) I do not have information or knowledge as to whether my husband is employed. has
any money, owns an automobile. owns real estate. or has any other personal property or assets.
(c) I have brough' action for child support payments,
5, I have ONE child: Keenan Bret Wilkins who WIIS born on 8/26/91 who resides with
me at 19 Coral Drive. Carlisle. Cumberland County. Pennsylvania,
6, I understand that I have a continuina obliaalion to inlonn the court of
improvement in my financial circumstances which would pennit me to pay the costs incurred
.~ . . i
herein.
7. I verifY tha: the statements made in this affidavit are true and correct. I
undentand that false statements herein are made subject 10 the penalties of 18 Pa.C.S. 14904,
relatlna to unsworn falsification to authorilie~.
Date~
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STACY A. WILKINS.
PI,lmlff,
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY . PENNSYLVANIA
. .
v.
: CIVIL ACTION - LAW
: DIVORCE. CUSTODY
JAMES A. WILKINS,
Defendant,
: NO. 94-6348 CIVIL TERM
PraecIpe to ReInstate Complaint of DIvorce
Please reinstate the Complaint in Divorce in this case which was filed on
November 7. 1994,
To:
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Prothonatary
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Robert E. Rains
Thomas M. Place
Linda E, Fisher
SUPERVISING ATTORNEY
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Tara J,
Certifi
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
STACY A. WILKINS,
Plaintiff
JAMES A. WILKINS.
Defendant
NO. 94- 6348 CIVIL TERM
NOTI<;E OF ELECTION TO RETAKE FORMER NAME
Notice is hereby liven that the Plaintiff in the above matler, havinl been Irantcd a Final
Dcc:rce in divorce from the bonds of matrimony on the 22d day of Marth, 199', hereby elects
to retake and hereafter use her previous name of Stacy A. Miller,
Wishes To Be Known As:
J4~
/TAC~ R
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND SS,
On the ,Jt1~1v day of April, 199', before me, a Notary Public, personally appeared
Stacy A, Wilkins, known to me to be the person whose name is subscribed to the within
document, and acknowledged that she executed the foregoing for the purpose therein contained,
IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal.
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NOTARIAL SEAL
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