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Prince Edward Island Counterpetition (Against Petitioner and Person not Already Party to Main Action) Form

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Prince Edward Island Counterpetition (Against Petitioner and Person not Already Party to Main Action) Form
FORM 70B
COUNTERPETITION
(AGAINST PETITIONER AND PERSON NOT ALREADY
PARTY TO MAIN ACTION)
(Where all respondents to the counterpetition are already parties to the main action, use Form
70F. )
(General heading)
(Add a second title of proceeding, as follows:)
AND BETWEEN:
(Court seal)
(name)
and
(name)
ANSWER AND COUNTERPETITION
Petitioner by counterpetition
Respondents to the counterpetition
TO THE RESPONDENTS TO THE COUNTERPETITION
A LEGAL PROCEEDING has been commenced against you by way of a counterpetition
in a divorce action in this court.
IF YOU WISH TO DEFEND THIS COUNTERPETITION, you or a lawyer acting for
you must prepare an answer to counterpetition in Form 70F prescribed by the Rules of Civil
Procedure, serve it on the petitioner by counterpetition’s lawyer or, where the petitioner by
counterpetition does not have a lawyer, serve it on the petitioner by counterpetition, and file it,
with proof of service, in this court office, WITHIN TWENTY DAYS after this answer and
counterpetition is served on you.
If you are not already a party to the main action and you are served in another provide or
territory of Canada or in the United States of America, the period for serving and filing your
answer is forty days. If you are served outside Canada and the United States of America, the
period is sixty days.
If you are not already a party to the main action, instead of serving and filing an answer,
you may serve and file a notice of intent to defend in Form 70H prescribed by the Rules of Civil
Procedure. This will entitle you to ten more days within which to serve and file your answer.
If this counterpetition contains a claim against you for support or division of property,
you must, if you have not already done so, serve and file a financial statement in Form 70I
prescribed by the Rules of Civil Procedure, within the time set out above for serving and filing
your answer to counterpetition, whether or not you wish to defend this counterpetition. If you
serve and file an answer to counterpetition, your financial statement must accompany it, unless
you have already served a financial statement.
IF YOU FAIL TO DEFEND THIS COUNTERPETITION, JUDGMENT MAY BE
GIVEN AGAINST YOU IN YOUR ABSENCE AND WITHOUT FURTHER NOTICE TO
YOU.
(Date)
Issued by
Prince Edward Island Counterpetition (Against Petitioner and Person not Already Party to Main Action) Form
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