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HomeMy WebLinkAbout03-2129HOLLIE A. METCALF, Plaintiff Vo JAMES D. METCALF, JR., Defendant · IN THE coURT OF coMMON PLEAS · cUMBERLAND COUNTY, PENNSYLVANIA · CIVIL ACTION - LAW · 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 Prothonotary's Office, Cumberland County Courthouse, Cumberland, 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 Referral Services Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (800) 990-9108 HOLLIE A. METCALF, Plaintiff JAMES D. METCALF, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, HOLLIE A. METCALF, by and through her attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, JAMES D. METCALF, JR., upon the grounds hereinafter set forth: 1. Plaintiff is HOLLIE A. METCALF, an adult individual, residing at 111 B South 24th Street, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is JAMES D. METCALF, JR., an adult individual, residing at 9 Monestery Drive, Apartment 1, Brighton, Massachusetts. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. Defendant is a resident of Massachusetts. 4. The Plaintiff and Defendant were married on March 10, 2001 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. C~ -< HOLLIE A. METCALF, Plaintiff JAMES D. METCALF, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2129 IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on May 5, 2003, a Complaint in Divorce was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on May 14, 2003, I forward by certified mail, return receipt requested, restricted delivery, a certified copy of the Complaint in Divorce to Defendant, James D. Metcalf, Jr., at 9 Monestery Drive, Apartment #1, Brighton, Massachusetts. A copy of the cover letter is attached hereto marked Exhibit "A". 3. That the aforesaid certified copy of the Complaint in Divorce sent to Defendant, James D. Metcalf, Jr., was delivered on May 16, 2003; however, the return receipt card was signed by an individual named "Holmes" and not Defendant, James D. Metcalf, Jr. A copy of the certified mail receipt and the return receipt card are attached hereto marked Exhibit "B". 4. That by letter to Defendant, James D. Metcalf, Jr., an Acknowledgment of Service was forwarded for his signature because he failed to sign the return receipt card as required by the Rules of Civil Procedure. A copy of the letter is attached hereto marked Exhibit "C". 5. That on June 19, 2003, another letter was sent to Defendant, James D. Metcalf, Jr., requesting the return of the Acknowledgment of Service. A copy of the letter is attached hereto marked Exhibit "D". 6. That on December 29, 2003, the original Acknowledgement of Service was received by counsel for Plaintiff, Hollie A. Metcalf, signed by Defendant, James D. Metcalf, Jr., indicating that he received the Complaint in Divorce on May 16, 2003. A copy of the Acknowledgment of Service is attached hereto marked Exhibit "E". SWORN TO and..~s~l~scribed before me this ,b ¥~' day of ~3'~,,j ~.,/ , 2004. Nt~hry Public ~ My Commission Expires: ~. LIEBERMAN, Esquire · Attorney fi)r Plaintiff Ii NOTARIAL SEAL CHERYL L. FERGUSON, NotaG' Public J Harrisburg Dauph n County ... t~ Commission ~Ex?res ~ 6, 2004_.J ROBERT B. L-':-~,MAN ATTORI~'Y AT LAW Five H,,,~,al No~t~ Thled Str~ P.O. Be~ I004 ~ P-,,-,,,/lvrm/a 17108-1004 (717) 236-1~ FAX(717) 236-7777 May 14, 2003 VIA CERTIFIED MAll, 7002 1000 0005 3929 7869 RETURN RECEIPT REQUESTED RESTRICTED DELIVERY James D. Metcalf, Jr. 9 Monestery Driv6, Apt. #1 Brighton, MA 02135 In re: Metcalf v. Metcalf No. 03-2129 Civil Term Dear Mr. Metcalf: On behalf of your wife, Hollie A. Metcalf, I'm enclosing a time-stamped copy of the Complaint in Divorce which was filed in the Pmthonotary's office of Cumberland County on May 5, 2003. Ms. Metcalf bas filed the divorce based on the grounds that the marriage is irretrievably broken. This is a no fault divorce and, at the expiration of 90 days, you will receive additional documentation for your siEnamre in order to finalize the divorce. Should you have any questions or comments concerning the enclosed document or the procedure to obtain a divorce in Pennsylvania, please contact the undersigned at your convenience. Thank you very much. Very truly yours, RBL/cso Enclosure cc: Hollie A. Metcalf Robert B. Lieberman EXHIBIT "A" Ii C4anqoNll IIII 1.2, Ig~l 'a. ~4ao core,ate item 4 if Restricted Delivery is desifed. · p~int your name and address on the reverse so that we can return the card to you. . · Attach this card to the back of the mailpiece, or on the front if space permits. James D. Metcalf, Jr. /. 9 ~onestery Drive, Apt. #1 ~t~ht , MA 02135 ' 2 1989-1 Metcal: 2. ~ Number D. ts delivQfy addreaa dfffere~ fTom item 1 ? ive~/addr~s b~low: [] No ~Re~ed Deli~ecv? ~E~tra Fee) ~e~ '~ 7002 1000 0.005 3929 7869 m Return Receipt Fee Postmark (Endorsement Required) Here Restricted Delivery Fee (Endomement Required) Tot. I ,o~o & ~... 8.15 05/14/03 D. Metcalf, Jr. Monestery Drive, Apt. ~1 '~)~i'~61-~ ......... B~'igh t~a-~---M~----~2-t-3~. EXHIBIT May 14, 2003 James D. Metcalf, Jr. 9 Monestery Drive, Apt. #1 Brighton, MA 02135 In re: Metcalfv. Metcalf No. 03-2129 Civil Term Dear Mr. Metcalf: By certified mail dated May 14, 2003, I sent you a certified copy of the Complaint in Divorce which was filed on behalf of your wife, Hollie A. Metcalf, in the Prothonotary's Office of Cumberland County. On Monday of this week, I received the remm receipt card signed by an individual by the name of "Holmes". Unfortunately, it was necessary for you to sign the return receipt card since the documentation was mail to you "restricted delivery". In order to remedy this problem, I've enclosed an Acknowledgment of Service for your review and signature. Please be kind enough to sign your name on the line provided and return the document in the enclosed stamped, self-addressed envelope. If you have any questions or concerns regarding this matter, please give me a call. Thank you. Very truly yours, RBL/cso Enclosure cc: Hollie A. Metcalf Robert B. Lieberman EXHIBIT "C" ROBERT B. L~ERMAN ATrORNL~ AT LAW Fi*e H~m~ed No~h Thint Stzeet Twelfdl Floor- P- O. Box 1004 Hanisbur~ Pe~ns¥1v.an~ 17108-1004 (717) 236-1485 FAX (717) 236-7777 June 19, 2003 VIA CER'i'I~'I~D 1VIAIL 7002 10{N) 0005 3929 7784 RETURN RECEIPT REQUESTED James D. Metcalf, Jr. 9 Monastery Drive, Apt. #1 Brighton, MA 02135 In re: Metcalf v. Metcalf No. 03-2129 Civil Term Dear Mr. Metcalf: Under date of May 14, 2003, I sent you an Acknowledgment of Service in connection with the pending Complaint in Divorce which was filed in Dauphin County, Pennsylvania. I sent a follow up letter on June 5, 2003. Enclosed are copies of both letters. I would appreciate if you would sign the enclosed Acknowledgment of Service in connection with the divorce pending in Dauphin County, Pennsylvania. Once you have signed the document, please return the Acknowledgement in the enclosed stamped, self-addressed envelope. If you wish to discuss this matter or the mason we need the Acknowledgment, please give me a call and I will be happy to review the rules with you in further detail. I trust that you will be returning the document after it is signed and dated. Thank you. Very truly yours, RBldcso Enclosure cc: Hollic A. Metealf Robert B. Lieberman EXHIBIT "D" HOLLIE A. METCALF, Plaintiff JAMES D. METCALF, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2129 1N DIVORCE ACKNOWLEDGMENT OF SERVICE I, JAMES D. METCALF, JR., Defendant in the above.-captioned divorce action, hereby acknowledge that I received a time-stamped copy of the Complaint in Divorce and Notice to Defend and Claim Rights which were filed in the Prothonotary's Office of Cumberland County on behalf of the Plaintiff, HOLLIE A. METCALF, on May 5, 2003. I received the documentation at my address, 9 Monestery Drive, Apartment 1, Brighto(~ May 1 6, 2003. ~/~t~ ff5~ ~[o~ ~I~S-~). METCALF, ~/Defendant HOLLIE A. METCALF, Plaintiff V. JAMES D. METCALF, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-2129 : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was flied on May 5, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. 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. §4904 relating to unswom falsification to authorities. DATED: ~esr ;'Metcalf, Jr., ~//E~efendant HOLLIE A. METCALF, Plaintiff JAMES D. METCALF, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2129 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. DATED: ~/~"D.-Metcaif, Jr., ,'~fefendant HOLLIE A. METCALF, Plaintiff JAMES D. METCALF, JR., Defendant IN THE COURT ,OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 03-2129 1N DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 5, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. I verify that the statements made in this Affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. [Io~lie A. Metcaif, Plaintiff HOLLIE A. METCALF, Plaintiff JAMES D. METCALF, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-2129 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divomed until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver of Notice are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. DATED: /H~lie-A. Metcalf, Plaintiff HOLLIE A. METCALF, Plaintiff JAMES D. METCALF, JR., Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW :NO. 03-2129 : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Grounds for Divorce: Irretrievable Breakdown/Mutual Consent under Section 3301(c) of the Divorce Code. 2. Date and Manner of Service of the Complaint: ]May 16, 2003, on Defendant as evidenced by an Affidavit of Service, with attachments, filed irt the Prothonntary's Office of Cumberland County January 6, 2004. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: Plaimiffon March 10, 2004; Defendant on March 2, 2004. 4. Related claims pending - None 5. Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: March 15, 2004. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with Prothonotary: March 9, 2004. Respectfully submitted, DATED: L~ ,. q ,. ~. ~t BY: 500 N. Third St., Twelfth Floor P.O. Box 1004 Handsburg, PA 17108-1004 (717) 236-1485 Attorney for Plaintiff IN THE COURT Of COMMON PLEAS STATE OF HOLLIE A. METCALF PLAINTIFF OF CUMBERLAND COUNTY p~~ PENNA. VERSUS JAMES D. METCALF, JR.~ DEFENDANT NO. 03-2129 DECREE iN DIVORCE AND NOW, DECREED THAT AND HOLLIE A. METCALF JAMES D. METCALF, JR., , /..O/~, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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 BEEN ENTERED; NONE BY THE COURT: /) /' PROTHONOTARY