HomeMy WebLinkAbout98-01596
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JOYCE METZGER,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND C01~ITY, PENNSYLVANIA
NO. 98- /.51(.. CIVIl, TERM
Plaint if f
v.
RONALD E, METZGER,
Defendant
IN DIVORCE
COMPLAINT UNDER SECTION 3301(cl or 3301(dl
OF THE DIVORCE CODE
COUNT 1
1. The plaintiff is Joyce Metzger, who currently resides at
40 Betty Nelson Trailer Park, Lot 149, Carlisle, Cumberland
County, Pennsylvania, since August 1997.
2. The Defendant is Ronald E. Metzger, who currently
resides at 30 Oak Lane, Shermans Dale, Perry County, Pennsylvania
17097, since August, 1997.
3. plaintiff and Defendant have been bona fide residents in
the Co~nonwealth for at least six months immediately previous to
the filing of this Complaint.
4. The plaintiff and Defendant were lawfully married on
December 3, 1992 in Mt. Holly Springs, Cumberland County,
Pennsylvania.
5. There was a divorce action filed in Cumberland County in
No. 96- civil Term, which action was withdrawn by agreement
of ehe parties in September 1997. There have been no other
actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of
marriage counselling and that the plaintiff may have the right to
. .. ~
'"'
JOYCE METZm~R,
Plalntlll'
IN THE COURT OF COMMON PU:AS OF
CUMBERUND COUNTY. PENNSYLVANIA
v.
No, 98-1596
CIVIL TERM
RONAl.D E. METZGER,
Defendant
IN DIVORCf~
PRAECIPE TO WlIHDRA W COMPLAINT:
To the Prothonotary:
I. Plaintiff tiled a complaint in divorce under * 3301(c) of the Divorce Code on
March 24, 1998 in Docket No, 98-1596 Civil Term
2, There is a prior action in Divorce tiled with this Honorable Court in Docket No,
96.904 Civil Term,
3, The prior action in Divorce has nC't been terminated,
4, Plaintiff was unaware that the prior action was still pending, when she filed her
complaint in No, 98-1596
5, Plaintiff desires to withdraw her complaint in No, 98.1596 and proceed with the prior
action in No, 96-904,
Wherefore, the Plaintiff brings this praecipe to withdraw the above.captioned action,
Respectfully submitted,
R chard C, GatTney, Esqu e
Attorney for Plaintiff
Joyce Metzger
JOYCE METZGER,
Plaintiff
v.
RONALD E. METZGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
cIwL ?ZRM
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
counselling. A list of marriage counselors is available in the
Office of the Prothonotary at 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
JOYCE METZGER, :
Plaintiff :
:
v. : NO. 98- /~
:
RONALD E. METZGER, :
Defendant : IN DIVORCE
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL TERM
COMPLAINT UNDER SECTION 3301(c) or 3301(d)
OF THE DIVORCE CODE
COUNT I
1. The Plaintiff is Joyce Metzger, who currently resides at
40 Betty Nelson Trailer Park, Lot 149, Carlisle, Cumberland
County, Pennsylvania, since August 1997.
2. The Defendant is Ronald E. Metzger, who currently
resides at 30 Oak Lane, Shermans Dale, Perry County, Pennsylvania
17097, since August, 1997.
3. Plaintiff and Defendant have been bona fide residents in
the Commonwealth for at least six months immediately previous to
the filing of this Complaint.
4. The Plaintiff and Defendant were lawfully married on
December 3, 1992 in Mt. Holly Springs, Cumberland County,
Pennsylvania.
5. There was a divorce action filed in Cumberland County in
No. 96- Civil Term, which action was withdrawn by agreement
of the parties in September 1997. There have been no other
actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. The Plaintiff has been advised of the availability of
marriage counselling and that the Plaintiff may have the right to
request that the court require the parties to participate in
counselling.
8. Plaintiff requests the court to enter a decree of
divorce.
COUNT II
COMPLAINT FOR CUSTODY
9. The averments in Paragraphs 1-8 are incorporated herein
by reference.
10. Plaintiff seeks custody of the following child:
Present Residence
Name
Dustin Allen Metzger
40 Betty Nelson Trailer Park
Lot 149
Carlisle, PA 17013
The child was not born out of wedlock.
The child is presently in the custody of the Plaintiff,
Joyce Metzger, who resides as set forth above.
During the past five years, the child has resided with the
following persons and at the following addresses:
Address
Orchard Hills Trailer Park
Shermans Dale, PA
Front Street
Boiling Springs, PA
Front Street
Boiling Springs, PA
641 Newville Road
Plainfield, PA
Name
Joyce Metzger
Joyce Metzger and
Ronald Metzger
Joyce Metzger
Joyce Metzger
Joyce Metzger and
Ronald Metzger
40 Betty Nelson Trailer Park
Lot 149
Carlisle, PA
Aqe
4
Date
DOB 12/9/93 to
4~95
4/95 to 5/95
5/95 to 9/95
9/95 to s/97
8/97 to 12/97
Joyce Metzger 40 Betty Nelson Trailer Park 12/97 to
Lot 149 Present
Carlisle, PA
The mother of the child is Joyce Metzger, who currently
resides as set forth above. She is married.
The father of the child is Ronald E. Metzger, who
currently resides as set forth above. He is married.
11. The relationship of Plaintiff to the child is that of
mother.
The Plaintiff currently resides with the following persons:
Name Relationship
Dustin Allen Metzger Son
12. The relationship of Defendant to the child is that of
father. Defendant currently resides with his parents.
13. The Plaintiff has not participated as a party or witness
in other litigation concerning the custody of the child.
Plaintiff has no information of a custody proceeding
concerning the child pending in a Court of this Commonwealth.
Plaintiff does not know of a person not a party to this
proceeding who has physical custody of the child or claims to
have custody or visitation rights with respect to the child.
14. The best interest and permanent welfare of the child
will be served by granting the relief requested because the
mother has been the primary caretaker of the child since birth.
15. Each parent whose parental rights to the child has not
been terminated and the person who has physical custody of the
child has been named as parties to this action.
WHEREFORE, Plaintiff requests the court to grant custody of
the child to Plaintiff.
Respectfully submitted,
By:
ichard C. G~ffn~
Supreme Court I.D. No4
28 South Pitt Street
Carlisle, PA 17013
(717) 249-2525
Attorney for Plaintiff
63313
AFFIDAVIT
I hereby state that the facts set forth in this Complaint in
Divorce are true and correct to the best of my knowledge and
belief. I make this statement and verification subject to the
penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
Date:
I ~J°Yc~ Metzger ~
JOYCE METZGER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERI,AND COUNTY, PENNSYLVANIA
:
v. : No. 98-1596 CIVIL TERM
RONALD E. METZGER, :
Defendant : IN DIVORCE
PRAECIPE TO WITHDRAW COMPLAINT
To the Prothonotary:
1. Plaintifffiled a complaint in divorce under § 3301(c) of the Divorce Code on
March 24, 1998 in Docket No. 98-1596 Civil Tefra.
2. There is a prior action in Divorce filed with this Honorable Court in Docket No.
96-904 Civil Term.
3. The prior action in Divorce has not been temda~ated.
4. Plaimiffwas unaware that the prior action was still pending, when she filed her
complaint in No. 98-1596
5. Plaintiff desires to withdraw her complaim in No. 98-1596 and proceed with the prior
action in No. 96-904.
Wherefore, the Plaintiffbrings this praecipe to withdraw the above-captioned action.
Respectfully submitted.
Attorney for Plaintiff
Joyce Metzger