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HomeMy WebLinkAbout03-2556IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL D. PATCH, ) Plaintiff ) ) v. ) ) LIN C. PATCH, ) Defendant ) NO. 02 - 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 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 17013. 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 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or heating. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL D. PATCH, ) Plaintiff ) NO. ) v. ) ) LIN C. PATCH, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Michael D. Patch, by and through his counsel, Howett, Kissinger & Conley, P.C., who hereby files the instant Complaint in Divorce and in support thereof avers as follows: 1. Plaintiff is Michael D. Patch, an adult individual who currently resides at 839 Old Silver Spring Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Lin C. Patch, an adult individual who currently resides at 6411 Lexington Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of at least six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant married on December 14, 1990. 5. Neither Plaintiff nor Defendant is in the Military or Naval Services of the United States or its Allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiffhas 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. COUNT I - DIVORCE PURSUANT TO §3301(C) OR (D) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by o reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court enter a Decree of Divorce pursuant to §3301 of the Divorce Code. Respectfully submitted, D~ssinge[', Esq~ HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Michael D. Patch IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL D. PATCH, ) Plaintiff ) ) v. ) ) LIN C. PATCH, ) Defendant ) NO. 03-2556 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Donald T. Kissinger, being duly sworn according to law, deposes and says that he is an attorney at law authorized to practice in the Commonwealth of Permsylvania, and that on the 6m day of June, 2003, he sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, Lin C. Patch, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 6411 Lexington Drive, Mechanicsburg, PA, 17050, the Defendant's last known address, and that the return receipt card which was signed by Lin C. Patch, marked as having been delivered to her on June 12, 2003, is attached hereto and made a part hereofi Donald T. Kissinger, Esqui~ HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Michael D. Patch SWORN TO AND SUBSCRIBED before me this j~e- day of .'ju ~ ,2003. Notary Public NOTARIAL :~EAL II~NNA J. KNISELY, NOTARY PUBLIC HARRISBURG, DAUPHIN COUNTY ~OMMISSION EXPIRES FEB !~ .,,,n~ JOHN C HOWE'FF. JR DONALD T KISSINGER CINDY S CONLEY DARRENJ HOLST DEBRA M SHIMP Legal Assistant LAW 0 FfflCF~$ OF HOWETT, KISSINGER & CONLEY, P.C. 130 WALNUT STREET POSTOFFIC£ BOX 810 June 6, 2003 (717) 234-2616 FAX (717) 234-5402 VIA CERTIFIED MAIL RESTRICTED DELIVER Y RETURN RECEIPT REOUESTED AND REGULAR MAIL Ms. Lin C. Patch 641 ! Lexington Drive Mechanicsburg, PA 17050 Re: Patch v. Patch Dear Ms. Patch: You will recall that on March 12, 2003, our office mailed to your attention, by certified mail, return receipt requested, a draf~ Marital Settlement Agreement our office prepared on your husband's behalf. Our office subsequently received the return of service showing your acceptance of the certified mail on March 14, 2003. In my March 12~h cover letter accompanying the draft agreement, I asked that you review the draft and have either yourself or counsel contact me regarding the matter. To date, our office has not heard from you, and it is my understanding, from speaking to Mr. Patch, that he has tried to speak to you about the proposal but to no avail. Given your unwillingness to discuss settlement with him, Mr. Patch has instructed our office to file a divorce complaint on his behalf. Enclosed herein, constituting proper service under the Rules of Civil Procedure, you will find a certified tree and correct copy of the divorce complaint that was filed on May 20, 2003. If you have retained counsel, or intend to retain counsel, you should forward the enclosed complaint to his or her attention as soon as possible. Ms. Lin C. Patch June 6, 2003 Page Two It remains Mr. Patch's desire to amicably resolve the economic issues. However, given your refusal to respond to the offer of settlement, Mr. Patch is under the assumption that you, however, do not desire to discuss settlement. I would kindly ask that either you or your counsel contact me within twenty days of today's date to either accept Mr. Patch's offer or make a counteroffer; otherwise, our office will assume you have no desire to settle and will proceed with litigating the case. Given the significant costs that each of you will incur, it is my hope that we can refrain fi'om litigation. I look forward to speaking with you or your counsel in more detail about the matter. Sincerely, ./., Donald T. Kissinger DTK/djk Enclosure cc: Michael D. Patch (w/encl) (Endorsement Required} (Endorsement Required) Postmark Here ~. Lin C. Pat~ 62~I1 Lexington Drive .... ~-~';,'~t~;;/' ......................................................................... ~anlcsburg, PA 17050 · Complete items 1,2, and 3, Also complete item 4 if Restricted Delivery is desired. · Print 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. 1. Article Addressed to: Ms. Lin C. Patch 6411 Lexington Drive Mechanicsburg, PA 17050 A. Received b [] Agent 2. Article Number (Transfer from service label) 3. Service Type E'i Certified Mail [] [] Registered L~ Return [] Insurs~ Mail [] C.O.D. 4. Restricte~i~elivery? (Extra Fee) 7099 3400 0014 7584 3918 PS Form 3811, March 2001 Domestic Return Receipt 10259~01~M-1424 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL D. PATCH, ) Plaintiff ) ) v. ) ) LIN C. PATCH, ) Defendant ) NO. 03-2556 CWIL TERM CIVIL ACTION - LAW IN DWORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divome under §3301(c) of the Divome Code was filed on May 30, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE 'UNDER ~3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 above 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. Date: ,/~' -- /2-- A/,K~ Michael D. Patch, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL D. PATCH, ) Plaintiff ) ) v. ) ) LIN C. PATCH, ) Defendant ) NO. 03-:2556 CWIL TERM CIVIL ACTION - LAW IN DWORCE May30,2003. DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of filing and service of the complaint. 3. I consent to the entry of a final decree in divome after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION 3['0 REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301fc) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of 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 above 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. ~ C. l~atCh, Det~endant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHAEL D. PATCH, ) Plaintiff ) ) v. ) ) LIN C. PATCH, ) Defendant ) NO. 03-:2556 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. Date and manner of service of the complaint: Service by certified mail on June 12, 2003; Affidavit of Service filed July 1, 2003. Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff, October 12, 2003; by defendant, October 11, 2003. Related claims pending: All claims resolved by Marital Settlement Agreement dated October 10, 2003. Date: Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. arren J. Ho~t, Esquire HOWETT, KISSINGER & CONLEY, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 22;4-2616 Counsel for Plaintiff Michael D. Patch IN THE COURT OF COMMON PLEAS MICHAEL D. PATCH, Plaintiff VERSUS LIN C. PATCH, Defendant OF CUMBERLAND COUNTY STate Of ~~ PENNA. 03-2556 CIVIL TERM NO. DECREE IN DIVORCE AND NOW,~ ~ DECREED THAT MICHAEL D. PATCH LINC. PATCH AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. 200%X IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WH CH A FINAi ORDER HAS NOT YET BEEN ENTERED; None. It is further ORDERED, ADJUDGED and DECREED that the terms, provisions and conditions ora certain Marital Settlement Agreement between the parties dated October 10, 2003, are incorporated, but not t~leo of recorcl, in this Decree in Divorce by reference as fully as if the same were set forth herein at length. Said Agreement this Dec, e~ in shall not mer~go~/)~hall survive' ATTEST: PROTHONOTARY