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Home My WebLink About99-07061 NT i IN THE COURT OF COMMON PLEAS aj OF CUMBERLAND COUNTY STATE OF t°JPENNA. DECREE IN DIVORCE AND NOW, ...... db.......... Znoo...., it is ordered and decreed that .... seoT.T•R•.•,MAa,TrN ............................ plaintiff, and ............. MIT4.1-JO. MARTIN .......................... 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-, No claims pending .. . . . . . . . .. . . . . . . . . . . . ..................................................... ........................:................. By The C,ou Attest: Prothonotary ?•.riy.a: •s:• <e• fa> :e:• ts• <e> •?: •:e: .;e: <e:• <e. to>^•:e: <e: •:e::e:• :e> •:e:• u:• <e:• •:e:• ce:• ;i:• •:e:• •:e:'. ?, i Y A S'-?g-cp 17?? szkZ..?.' l ?? SCOTT R. MARTIN, Plaintiff S.S.# 367-66-1308 V. MITZI JO MARTIN, Defendant S.S. # 422-54-3438 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA '7U L I NO. 1999 -q6(M CIVIL 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 Section [3301(c) 8301(d) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of complaint: December.3 1,999 by Certified Mail Return Receipt Requested. Defendant accepted Service on December S, 1999. Acceptance of Service was filed on December 16 1999. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent and waiver of counseling required by §3301(c) of the Divorce Code: by Plaintiff April 17 2000 ; by Defendant April 10 2000. (b)(1) Date of execution of the affidavit required by §3301(d) if the Divorce Code: (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: N/A r (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: May q 2Q00 Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: Respectfully submitted, WIX, WENGER & WEIDNER i Date: Ma L x000 BY e hen J. D .ur,Esquire 1 50 North S con Yf Street P.O. Box 845 j Harrisburg, PA 17108-0845 (717) 234-4182 I ? Attorney for Plaintiff, Scott R. Martin 1 i II ? i I _I I i SCOTT R. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999- 700 6A?-LL MITZI JO MARTIN, CIVIL ACTION - LAW Defendant IN DIVORCE 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 of 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 grounds 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 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) 240-6200 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 hearing. SCOTT R. MARTIN, Plaintiff V. MITZI JO MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999 - ?'-6 -1 64u'e .» CIVIL ACTION - LAW IN DIVORCE AND NOW, comes the Plaintiff, Scott R. Martin, by and through his attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count I - Under Section 3301(c) and 3301(d) of the Divorce Code 1. Plaintiff is Scott R. Martin, an adult individual who currently resides at 2 North Locust Street, Apartment B, Shiremanstown, Cumberland County, Pennsylvania 17011. Plaintiff has lived at said address since August 14, 1999 and has been a resident of Pennsylvania continuously since September 1998. 2. Defendant is Mitzi Jo Martin, an adult individual who currently resides at 201 Crista Circle, Gardendale, AL 35071. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 23, 1993 in Florence, Alabama. 5. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the Armed Forces. 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. _J 7. This action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that he may have the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301(c) or Section 3301(d) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce Code"). Respectfully submitted, WIX, WENGER & WEIDNER DATED: November 16, 1999 Stephen J. Dz anin, quit Attorney I.D. #$2653 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 SJD/5484/10483 Martin Domestic Relations COMPLAINT I, Scott R. Martin, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 904, relating to unsworn falsification to authorities. 17 --SCO'rt R. DATED4 1999 I' 4 r.- " SCOTT R. MARTIN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 7061 MITZI JO MARTIN, CIVIL ACTION - LAW Defendant IN DIVORCE 1, Mitzi Jo Martin, the Defendant in the above-captioned transaction, do hereby accept service of the Complaint For Divorce. Mitzi Jo Ma4fi Sid/martin.aOdc 5484/10483 SCOTT R. MARTIN, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 7061 CIVIL MITZI JO MARTIN, : CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING A Complaint in Divorce under Section 3301(c) of the Divorce Code was file on November 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. 1 consent to the entry of the Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I participate in counseling prior to a decree being handed down by the Court. 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. Section 4904, relating to unsworn falsification to authorities. / DATE: 1 2 O 1Z St rt in F:\sId15484 Martin\10483 Domestic Relations\S.Marlh All of Consent 8 Counseling R'„-- SCOTT R. MARTIN, Plaintiff V. MITZI JO MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-7061 CIVIL CIVIL ACTION - LAW IN DIVORCE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 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 unsworn falsifications to author 'es. R.-96r&, laintiff Dated: ApriIIL, 2000 FAsid\5484 Martin\10483 Domestic Relations\Waiver of Notice.doc MARTIN SCOTT R IN THE COURT OF COMMON PLEAS OF , . Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999 - 7061 CIVIL MITZI JO MARTIN, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING 1. A Complai nt in Divorce under Section 3301(c) of the Divorce Code was file on November 23, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed since the date of filing and service of the Complaint. 3. 1 consent to the entry of the Final Decree of Divorce after service of notice of intention to request entry of the decree. 4. 1 have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's office, which list is available to me upon request. Being so advised, I do not request that the Court require my spouse and I participate in counseling prior to a decree being handed down by the Court. 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 16 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: Mitzi larffh F:\s1d%5484 Martin\10483 Domestic Relations\M.Martin.AlblConsent & Counseling.doc SCOTT R. MARTIN, Plaintiff V. MITZI JO MARTIN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-7061 CIVIL CIVIL ACTION - LAW IN DIVORCE 1. 1 consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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 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 unsworn falsifications to authorities. _ J Mitzi Jo Martin, efendant' Dated: April L, 2000 FASJd15484 Martin\10483 Domestic Relations\Waiver of Notice.doc