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HomeMy WebLinkAbout03-0383GREG A. MYERS, JR., Plaintiff vs. MALLORY R. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAI~D COUNTY, PENNSYLVANIA N0.O3 - c vIL TERM CIVIL ACTION - LAW ACTION IN DIVORCE 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, 1 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 LOST 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, 4TH FLOOR ONE COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 GREG A. MYERS, JR., Plaintiff vs. MALLORY R. MYERS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION IN DIVORCE CIVIL TERM CO~PLAINT UNDE~ SECTIONS 3301(a) (1) and (c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff GREG A. MYERS, JR., by his attorney, Herschel Lock, and seeks to obtain a Decree in Divorce from the bonds of matrimony with the above-named Defendant, and avers the following: 1. Plaintiff Greg A. Myers, Jr. is an adult individual residing at 105 Timber Lane, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant Mallory R. Myers is an adult individual residing at 328 E. Bell Avenue, Altoona, Blair County, Pennsylvania 16602. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 7, 2002, in Claysburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment instituted by either of the parties in this or any other jurisdiction except for the action filed by Defendant herein in Blair County, Pennsylvania (No. 2002 GN 4939) which has been discontinued. 6. Defendant is not a member of the Armed Services of the United States or any of its Allies. 7. Plaintiff has been advised of the availability of counseling, and understands that he has the right to request the Court to require the parties to participate in counseling. COUNT I. REQUEST FOR A FAULT DIVORCE UNDER SEC~i'ION 3301(a)(1) OF THE DIVORCE CODE 8. The prior Paragraphs of this Complaint are incorporated herein by reference thereto. 9. Defendant has committed willful and malicious desertion and absented or will have absented herself from habitation with Plaintiff without any reasonable cause for a period of more than one year. 10. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff prays your Honorable Court to enter a decree of divorce pursuant to Section 3301(a) (1) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 11. The prior Paragraphs of this Complaint are incorporated herein by reference thereto. 12. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code. DATED: 1/17/03 HERSCHEL LOCK, ESQUIRE ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 1/10/03 GREGORY A. MYERS, JR.