HomeMy WebLinkAbout95-01604
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IN THE COURT OF COMMON PLEAS
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OF CUMBERLAND COUNTY
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LUCILLE GORDON,
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PLAINTIFF
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FRANKLIN GORDON,
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DEFENDANT
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DECREE IN
DIVORCE
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AND NOW, . , . , . , , , , ,l!l~, . . ,!.~ .', . , . '. 19 ,~< . " it is ordered and
LUCILLE GORDON .
decreed that ...,..,',.,',.....,"""'""",.....",..,....,. plaintiff,
FRANKLIN GORDON
and, " ., .. , . ., . . ., " , . ,. , , , . " , . , ' , , " , , ,. " , ., . , .. , . ., , . , , '. defendant,
are divorced from the bonds of motrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this oction for which 0 final order has not yet
been entered;
NONE
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5.
Date and manner of service of the notice of intention to file praecipe to
transmit record, a copy of which is attached: this form was waived in the April 25, 1995
Order of Court which allowed the plaintiff to serve the defendant by publication.
Date .:JJ VIe. I ~119i"- ~
NICHOLAS J. CRAIG
Student Attorney (
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OBERT E. RAINS
Supervising Attorney
THOMAS L. PEELER
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle. PA 17013
717/240-5204
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LUCILLE GORDON,
Plaintiff
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: IN THE COURT OF COMMON PLEAS OF /:"J
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
: fJJ ,/ttl/ Cittt(l-:t't!t,"I
: NO. CIVIL 1995
v.
FRANKLIN GORDON,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against the claims set forth in the
following pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree of divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the
marriage, you may request marriage counseling. A list of marriage counselors is available in
the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS
GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER 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
8. Plaintiff has been advised that counseling is available and that plaintiff may have
the right to request that the court require the parties to participate in counseling.
WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the
marriage.
Date 31,xN6
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Taryn F. Goldstein
Student Attorney
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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
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LUCILLE GORDON.
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
'I'1.4RJl1995
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v.
: CIVIL ACTION - LAW
: IN DIVORCE
FRANKLIN GORDON,
Defendant
~ NO. 95- //yCI~IVIL TERM
ORDER OF COURT
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AND NOW, this ;) day of i\ \',{ I L , 1995, on consideration of the auached
petitioner's Affidavit, leave is granted to the petitioner to proceed in forma pauperis to the extent
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that she is relieved of all costs in this action.
By the Court,
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IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE
LUCILLE GORDON,
Plaintiff
FRANKUN GORDON,
Defendant
NO.
CIVIL 1995
AFFIDAVIT SUPPORTING PETITION FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
TO THE HONORABLE JUDGES OF SAID COURT:
The Petitioner, Lucille Gordon, residing at 154 1/2 Lincoln Street, Carlisle, Cumberland
County, Pennsylvania, upon her oath deposes and says:
I. I am the named plaintiff in the above-titled civil cause of action and the defendant
is Franklin Gordon.
2. This affidavit is made to infonn the court as to my status of indigency and to
induce the court to grant me leave to proceed in this cause as an indigent.
3. In making this affidavit, I am aware that perjury is a felony and that the
punishment is a fine of not more than $3,000 or imprisonment for not more than seven years
or both.
4. I do not have any money on my person, at home. or elsewhere which could be
used for the expenses of this proceeding.
5. I do not own real estate, personal property, or any other assets. I am not owed
any amounts of money by any person.
6. My husband's current address is unknown. He was last seen in Winterhaven,
Florida. He is 36 years old.
(a) I last lived with my husband in March of 1985.
(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 not brought action for child support payments because he is not the father
of any of my children.
7. I am the legal gaurdian of one child who was bom on October 23, 1980, who
resides with me at 154 1/2 Lincoln Street, Carlisle, PA.
8. My social security number is 262-15-8173.
9. I have the following income:
Salary
Child Support
$490.00/month
$66.00/month
$556.00/month
10. My monthly expenses are as follows:
Rent
Food
Laundry
Gas
Water
Clothing
Child's expenses
Miscellaneous
$ 160.00/month
$ 70.00/month
$20.00/month
$ 134.00/month
$20.00/month
$20.00/month
$66.00/month
$50.00/month
$540.00/month
11. My husband and I have not maintained a checking account throughout our
marriage.
12. I do not own an automobile.
13. 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.
IS. I verify that the statements made in this affidavit are true and correct. 1
understand that false statements herein are made subject to the penalties of 18 Pa,C.S. ~ 4904,
relating to unsworn falsification to authorities.
WHEREFORE, petitioner prays that this Honorable Court grant petitioner leave to
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proceed in forma pauperis in the above-titled action without fee or cost to the petitioner.
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LUCILLE GORDON . IN THE COURT OF COMMON PLEAS OF
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. CUMBERLAND COUNTY, PENNSYLVANIA
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FRANKLIN GORDON . NO. 95-l604 CIVIL TERM
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. CIVIL ACTION - LAW
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ORDER OF COURT
AND NOW, this 7th day of APRIL, 1995, the court sets a
hearing for Tuesdav. ADri1 25. 1995. at 3:00 D.m. in Courtroom .
1, based on the petition to authorize service of the complaint by
publication. The court has some questions to ask the plaintiff
under oath at that time.
By the Court,
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Sheely, .J.
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f'1A~ 3 1 1995
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LUCILLE GORDON,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO. CIVIL 1995
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IN DIVORCE
V.
FRANKUN GORDON,
Defendant
ORDER OF COURT
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AND NOW, this). \ day of f. t \ . 1995. on consideration of the allached Petition
pursuant to Rule 430 for Special Order of Court Directing Method of Service of Process, it is
ordered that service of the Complaint in Divorce and Plaintiffs Affidavit under Section 3301(d)
of the Divorce Code be made by publication of the allached notice, once in the Cumberland
County Law Journal and once in the Carlisle Sentinel. Notice of the Intention to Request Entry
of Divorce Decree is waived.
By the Court,
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could give no additional infonnation,
4. Plaintiff/Petitioner does not believe that the defendantlrespondant had or
has a driver's license. Therefore, efforts to locate DefendantlRespondant through a driver's
license would be unavailing.
Date -::::;/aq /cp
ICl\.i.,V )-~.I(! ,IRCt..:,
Taryn F. Goldstein
Certified Legal Intern
Sworn to and subscribed
before me this,;tl day
ofl7l2~el? . 1995
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OTARY PUBUC
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THOMAS M. PLACE
ROBERT E. RAINS
UNDA E. FISHER
Supervising Attorney
THOMAS L. PEELER
Staff Attorney
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FAMILY LAW CUNIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
LUCILLE GORDON,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION-LAW
NO, CIVIL 1995
V.
FRANKUN GORDON,
Defendant/Respondent
IN DIVORCE
PETITION PURSUANT TO RULE 430 FOR SPECIAL ORDER OF COURT
DIRECTING METHOD OF SERVICE OF PROCESS
Plaitiff/Petitioner, Lucille Gordon, by her attorneys, the Family Law Clinic, requests this
Court to direct method of service by publication, once in the Cumberland County Law Journal
and once in the Carlisle Sentinel, upon consideration of the folIowing:
1. Petitioner, Lucille Gordon, is the plaintiff in the above-captioned matter, who
currently resides at 154 1/2 Lincoln Street, Carlisle, Cumberland County, Pennsylvania, 17013.
2. Respondent, Franklin Gordon, is the defendant in the above-captioned matter
whose last known address was in Winterhaven, Florida.
3. Plaintiff/Petitioner and Defendant/Respondent were married on May 18, 1984 at
Bartow, Polk County, Florida.
4. Plaintiff/Petitioner and Defendant/Respondent have lived separate and apart since
March 1, 1985.
5. Plaintiff/Petitioner has not seen or heard from the Defendant/Respondant since
1985.
6. Plaintiff/Petitioner filed the above-captioned Divorce Complaint at the
Prothonotary's Office in the Cumberland County Courthouse concurrently with this petition.
7. Plaintiff/Petitioner's present suit in divorce requests no other relief, economic or
otherwise.
8. Plaintiff/Petitioner engaged in numerous good faith efforts to locate the
Defendant/Respondent, including:
a. On January 26,1995, Plaintiff/Petitioner's counsel , the Family Law Clinic,
contacted directory assistance in Winterhaven, Florida, which is the last place that
Plaintiff/Petitioner saw Defendant/Respondant ten years ago. There was no listing for a Franklin
Gordon.
b. On January 30,1995, Plaintiff/Petitioner'scounsel. the Family Law Clinic,
contacted directory assistance in Haines City, Florida, where the Plaintiff/Petitioner believes that
Defendant/Respondant's brother lived. There was no listing for Alfred Gordon, the
Defendant/Respondant's brother.
c. On January 30,1995, Plaintiff/Petitioner'scounsel, the Family Law Clinic,
made a telephone call to the Bartow County Courthouse in Florida, the courthouse in which
Plaintiff/Petitioner and Defendant/Respondant were married. The personnel at the courthouse
could give no additional infonnation.
d. Plaintiff/Petitioner does not believe that the Defendant/Respondant had or
has a driver's license. Therefore, efforts to locate Defendant/Respondant through a driver's
license would be unavailing.
9. Plaintiff/Petitioner has no further infonnation regarding the whereabouts of the
Defendant/Respondent and no way of obtaining such infonnation.
WHEREFORE, Plaintiff/Petitioner requests that this Court enter an order directing
service of the Complaint in Divorce and Plaintiff's Affidavit under Section 3301(d) of the
Divorce Code by publishing said notice attached hereto as Exhibit A, once in the Cumberland
County Law Journal and once in the Carlisle Sentinel, and waiving Notice of Intention to
Request Entry of Divorce Decree.
Date:~Q \C\"J
Respectfullly Submitted,
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TARYN F. GOLDS EIN
Certified Legal Intern
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ROBERT E. RAINS
THOMAS M. PLACE
LINDA E. FISHER
Supervising Attorney
THOMAS L. PEELER
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: 243-3639
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND: SS.
I verify that the statements made in this Petition Pursuant to Rule 430 For Special Order
of Court Directing Method of Service of Process are troe and correct to the best of my personal
knowledge and helief. I understand that false statements herein are made subject to the penalties
of 18 Pa.C.S. fi4904, relating to unsworn falsification to authorities.
Date: .~- H - 95
rt!l:,,;J.t. /_1 r..,'/o'l
LU ILLE GORDON
NOTICE TO DEFEND AND CLAIM RIGHTS
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. 95- Civil Term
LUCILLE GORDON,
Plaintiff
v.
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FRANKLIN GORDON,
Defendant
DIVORCE
TO: FRANKLIN GORDON
You have been sued in court. If you wish to defend, you must enter a written
appearance personally or by attorney and file your defenses or objections in writing with the
Court. You are warned that if you fail to do so the case may proceed without you and a
decree of divorce may be entered against you without further notice for the relief requested
by the plaintiff. You may lose money or property or other rights important to you. YOU
SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, CONTACT 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
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LUCILLE GORDON,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
: IN DIVORCE
FRANKLIN GORDON,
Defendant
: NO. 95- CIVIL TERM
NOTICE TO DEFEND AND CLAIM RIGHTS
If you wish to defend, you must enter a written appearance personally or by attorney
and file your defenses or objections in writing with the court. You are warned that if you
fail to do so the case may proceed without you and a decree of divorce may be entered
against you without further notice for the relief requested by the plaintiff. You may lose
money or property or other rights important to you. 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.
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LA W JOURNAL
(Under Act No. 587, approved May 16, 1929), p, L.1784
STATEOFPENNSYLVANIA :
55.
COUNTY OF CUMBERLAND :
Roger M. Morgenthal, Esquire. Editor of the Cumberland Law Journal. of the County
and State aforesaid, being duly sworn, according to law. deposes and says that the Cumberland
Law Journal, a legal periodical published in the Borough of Carlisle in the County and State
aforesaid, wus established January 2. 1952. and designated by the local courts us the official
legal periodical for the publication of all legal notices. and has. since January 2, 1952, been
regularly issued weekly in the said County, and that the printed notice or publication attached
hereto is exactly the same us was printed in the regular editions and issues of the said
Cumberland Law Journal on the following dates,
viz:
MAY 5.1995
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation. and that he is not interested is the subject
matter of the aforesaid notice or advertisement. and that all allegations in the foregoing
statements us to time, place and character of publication are true.
dl:i!!t
Roger '., Morgenthal, Editor
SWORN TO AND SUBSCRfBED before me this
05 day of MA Y . 1995
~it'(u~~
Notary
NOTARIAL SEAl.
IlERlfHe IlARIlE'lXA, NOIIIy NlIl:
Ca.....~---'.PI.
I/y~E>l>I1i~
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NonCE TO DEFEND
AND CLAIM RIGHTS
In Ihe Collrt or Common I'Iea8 or
Cllmberland COllnty, I'ennsylvwlla
No. 95, J 604 CIvil Term
LUCILLE GORDON.
I'InlnUrr
v.
FRANKLIN GORDON.
Derendant
DIVORCE
TO: FRANKLIN GORDON
YOII have been 811ed In COllrt. Ir
yoll WIsh to defend, YOII mllst enler
a wrttten appeamnce pel'BOnaJly or
by attorney and me your defenses or
obJecUons In wrtUng Wllh lhe Court,
You an: warned lhatlf YOII faJIta do
80 lhe case may Proceed WIthout you
and a decree of divorce may be en'
tered against YOII wtlholll further no-
Uce for lhe reUef ""Iuesled by lhe
plalnurr. You may lose money or
property or olher rlgh18lmportantlo
you, YOU SHOULD TAKE TIiIS PA,
PERTO YOUR LAWYER AT ONCE. IF
YOU DO Nor HAVE A LAWYER OR
CANNor AFFORD ONE, CONTACT
TIiE OFFICE SET FOR1ll BELOW
TO FIND OUT WHERE YOU CAN
GET LEGAL HELP.
Court Admlnlstmlor
Cumberland County Courthouse
CnrUsle. PA J 7013
717/240,6200
MayS
2
Cumberlaad Nolleel
........
- .
PROOF OF PUBLICATION
No, qs- - /(,0 'f
State of Pennsylvania,
County of Cumberland. ss:
. ~ .
Marian M. Welsh
of THE SENTINEL,
of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of
general circulation In the Borough of Carlisle, County and State aforesaid, was established December 13th,1881,
since which date THE SENTINEL has been regularly Issued In said County, and that the printed notice or
publication attached herelo Is exactly the same as was printed and published In the reular editions and Issues of
THE SENTINEL on the following dates, vlz
Copy of Notice of Publication
May 1, 1995
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I'RANKLlNGOlIOOlI" i~"it,/',',
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"N 'OlE COURT OF cOMMON PLWOF
:CUMBERlAND COUNTY. PE!lNSY,L"~~
:C1V1LACTION-t.AW :,;':'."
:'N DIVORCE: ,
:NO.I!&- eML TERM
IIlIDamIllWRAllRGWI.~
";.0... wlIh \0 ssefend. you mUlt tnW. wrI-
tin ~ .-l"IOR&Ity or by .nomer and
fie your d.,."... or obItctlonl In writing wtth
the court. You are warned that If you fal to do
to the cas. may proceed without you and ad..
er.. 01 divorce may b, Inl,,.d 'allnlt you
without furthernauce lor lhe ,.16.. requelted by
Ih. plain,,"; You m.y .... mo""YuOI P"'IIOULrty
Of other rights knportant to you. VO SHOUI~O
TAKE 'OIlS PAPER TO YOUR LAWYER AT
ONCE, 'F YOU DO NOT HAVE A LAWYER
OR CANNOT AFFORD ONE. GO TO OR
TELEPHONE THE OFFICE SET FORTH BE-
LOW TO FIND OUT WHERE YOU CAN GET
LEGAL HELP, Court Admlnlslralor,'Cumbor-
Iond COuIlly 00urtIl0UH. Cootlllo. PAt7013.
717,241).8200,
Affiant further deposes that he Is not Interested In
the subject matter of the aforesaid notice or
advertisement, and that all allegations In the
foregoing statement as to time, place and character
of publication are true.
??/~ o/tUM
5/11/95
Sworn to and subscribed before me this 12th
day of May .19 95
Lt~;/ /~
otary Public
My commission expires:
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