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HomeMy WebLinkAbout07-2322Pauline L. Mittermeier, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wayne A. Mittermeier, _ a,;)- Defendant : NO. 2007- CIVIL TERM 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, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (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 hearing. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford St. Carlisle, PA 17013 (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 hearing. Pauline L. Mittermeier, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wayne A. Mittermeier, 3 Defendant : NO. 2007-1I" CIVIL TERM DIVORCE COMPLAINT The plaintiff, Pauline L. Mittermeier, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: COUNTI DIVORCE UNDER 23 Pa.C.S. 543301(c) AND 3301(d) AND 3301 (a)(6) OF THE DIVORCE CODE 1. Plaintiff is Pauline L. Mittermeier, who currently resides at 152 South Enola Drive Enola, Pennsylvania 17025 since December, 1999. 2. Defendant is Wayne A. Mittermeier, who currently resides at 315 South Enola Drive, Enola, Pennsylvania, 17025 since January, 2007. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on July 17, 2004 in Carlisle, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since January 24, 2007. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that Defendant, in violation of his marriage vows under the laws of the Commonwelth of Pennsylvania, has offered such indignities to the person of the Plaintiff, an innocent and injured spouse, as to render that Plaintiff's condition intolerable and life burdensome. WHEREFORE, Plaintiff requests this honorable Court to enter a decree of divorce. COUNT II CUSTODY 9. Plaintiff incorporates paragraph one through eight as if fully set forth herein. 10. Plaintiff seeks custody of the following children: Name Present Address Age Ashley Mittermeier 152 South Enola Drive 16 Enola, PA 17025 Joseph Mittermeier 152 South Enola Drive 14 Enola, PA 17025 11. The children were born out of wedlock. 12. The children are presently in the custody of Plaintiff who resides at 152 Enola Drive, Enola, Pennsylvania. 13. During the past five years, the children have resided with the following persons and at the Following: Persons Pauline L. Mittermeier Melvin Stacktole Samatha Stacktole Kyle Stacktole Brandon Stacktole Justin Haulman Address 152 South Enola Drive Enola, PA 17025 Dates January, 2007 until present Wayne A, Mittermeier Pauline L. Mittermeier Melvin Stacktole Samantha Stacktole Kyle Stacktole Brandon Stacktole Justin Haulman 152 South Enola Drive Enola, PA 17025 December, 2006 until January, 2007 Wayne A. Mittermeier Pauline L. Mittermeier Melvin Stacktole Samatha Stacktole Kyle Stacktole Brandon Stacktole 152 South Enola Drive July, 2004 until December, 2006 Enola, PA 17025 Wayne A. Mittermeier 152 South Enola Drive December, 1999 until July, 2004 Pauline L. Mittermeier Enola, PA 17025 14. The relationship of the Plaintiff to the children to that of mother. The Plaintiff resides with the following persons: Name Relationship Age Ashley Mittermeier Plaintiff's and Defendant's daughter 16 Joseph Mittermeier Plaintiff's and Defendant's son 14 Melvin Stacktole Brother in law 38 Samantha Stacktole Brother in law's daughter 17 Kyle Stacktole Brother in law's son 15 Brandon Stactole Brother in law's son 12 Justin Haulman Son of Plaintiff's friend 18 15. Plaintiff has not participated as a party in other litigation concerning the custody of the children in this or another court. 16. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth or any other state. 17. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. The best interest and permanent welfare of the children will be served by granting the relief request because: a) Plaintiff has been the primary caretaker of the children since birth; b) Plaintiff provides the children with a home with adequate moral, emotional and physical surroundings as required to meet the children's needs; c) Plaintiff has permitted and encouraged continuing contact between Defendant and the children and will continue to do so as long as Defendant is not under the influence of drugs or alcohol. d) Plaintiff is willing to accept custody of the children; e) Plaintiff continues to exercise parental duties and enjoys the love the affection of the children; 19. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests this honorable Court to grant her shared legal and primary physical custody of the children, subject to a partial physical custody by Defendant as the parties may agree, and such other relief as the court deems just. COUNT III ALIMONY 20. Plaintiff incorporates paragraphs one through nineteen as if fully set forth herein. 21. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage 22. Plaintiff has been and will continue to be the primary caretaker of the minor children. 23. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to support herself through appropriate full-time employment. 24. Defendant is employed and is financially able to provide for the reasonable needs of the plaintiff. 25. Defendant's earning capacity exceeds Plaintiff's. WHEREFORE, Plaintiff requests this honorable Court to enter an award of reasonable alimony, and such other relief as the court deems just. COUNT IV EQUITABLE DISTRIBUTION 26. Plaintiff incorporates paragraphs one through twenty-five as if fully set forth herein. 27. Plaintiff and Defendant have acquired marital assets and debts subject to equitable distribution under Divorce Code, including, but not limited to a marital home jointly owned since January, 1999, vehicles, garden tools, and various personal belongings. 28. Plaintiff and Defendant have incurred numerous debts during their marriage, including, but not limited non-paid mortgage payments and non-paid utility bills. WHEREFORE, Plaintiff requests that this honorable Court equitably divide the marital property and debts between the parties and grant such other relief as the court deems just. Date 2 '? Respectfully submitted, Soyoung Chung Certified Legal Intern ?G ROBE T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date y a 3 0 Plaintiff Pauline L. Mittermeier o c Pauline L. Mittermeier, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Wayne A. Mittermeier, V35 "a Defendant NO. 2007- CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Pauline L. Mittermeier, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Soyoung Chung Certified Legal Intern 7, t.P-, ROBER?' E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ter" FT H w d° Pauline L. Mittermeier, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Wayne A. Mittermeier, Defendant NO. 07 - 2322 CIVIL TERM CERTIFICATE OF SERVICE I, Soyoung Chung, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Wayne A. Mittermeier , residing at 315 South Enola Drive, Enola PA 17025, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Wayne A. Mittermeier, on the 24th day of April, 2007 as evidenced by the attached green card. Soyoung Chung Certified Legal Intern 1 't'? Meg iesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ¦ 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: 026(* A. S' ? by (W.W lygme) C. Date D. Iw(delNery address different from Item 1? U Yes If YES, enter delivery address below:c 3. ice, Type Mail ? Express Mail -erbartifled ? Registered 'V Retum Receipt for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Delivery? (Extra Fee) 2.i 7005 0390 0003 2632 5577 PS Form 3811, February 2W4 Dorroalk Retum Reosipt 102596-02444-1540 a O m-re PAULINE L. MITTERMEIER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 07-2322 CIVIL ACTION LAW WAYNE A. MITTERMEIER IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Wednesday, May 02, 2007 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, May 30, 2007 at 12:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or il'this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunda Es q. Custody Conciliator The Court of Common Pleas of Cumberland Countv is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 C? .? d £- AfW LODZ 31-11 ?o JUN 19 2001 PAULINE L. MITTERMEIER Plaintiff vs. WAYNE A. MITTERMEIER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2322 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this O} day of a?n? 2007, upon consideration of the attached Custody Conciliation Wort, it is ordered and directed as follows: 1. The Mother, Pauline L. Mittermeier, and the Father, Wayne A. Mittermeier, shall have shared legal custody of Ashley Mittermeier, born June 7, 1991, and Joseph Mittermeier, born June 4, 1993. Major decisions concerning the Children including, but not limited to, their health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in each Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Children. Neither party shall attempt to alienate the affections of the Children from the other party. Each party shall notify the other of any activity or circumstance concerning the Children that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. Scction 5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The parties shall have physical custody of the Children in accordance with the following schedule: A. The Father shall have custody of the Children on alternating weekends, beginning June 22, 2007 from Friday at 3:00 p.m. or after work (whichever is earlier) through Sunday at 7:00 p.m. B. During weeks following the Father's weekend periods of custody, the Father shall have custody of the Children from Wednesday at 3:00 p.m. or after work through Friday at 7:00 p.m. During weeks following the Mother's weekend periods of custody, the Father shall have custody of the Children from Tuesday at 3:00 p.m. or after work through Thursday at 7:00 p.m. C. The Mother shall have custody of the Children during any periods when the Father has to work during the Father's periods of custody under this provision. D. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this provision. 3 i 3. The parties shall share or alternate having custody of the Children on holidays as follows: A. Christmas: In every year, the Father shall have custody of the Children from Christmas Eve morning until approximately 1:00 a.m. Christmas Day morning (when the Children return from visiting the paternal grandmother in Pittsburgh) and the Mother shall have custody of the Children from approximately 1:00 a.m. Christmas Day morning through Christmas Day at 8:00 p.m. B. New Year's Day: In every year, the Mother shall have custody of the Children from New Year's Eve at 12:00 Noon through New Year's Day at 12:00 Noon and the Father shall have custody from New Year's Day at 12:00 Noon through January 2nd at 8:00 p.m. C. Thanksgiving: The parties shall alternate having custody of the Children on Thanksgiving Day from 10:00 a.m. until 9:00 p.m., with the Father having custody in odd numbered years and the Mother having custody in even numbered years. D. Memorial Day/July Fourth/Labor Day: The parties shall alternate having custody of the Children from 10:00 a.m. until 8:00 p.m. (or after the fireworks) on Memorial Day, July Fourth and Labor Day. In odd numbered years, the Father shall have custody of the Children on July Fourth and the Mother shall have custody on Memorial Day and Labor Day. In even numbered years, the Mother shall have custody of the Children on July Fourth and the Father shall have custody on Memorial Day and Labor Day. E. Mother's Day/Father's Day: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody of the Children on Father's Day from 10:00 a.m. until 8:00 p.m. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 4. Each party shall be entitled to have vacation custody with the Children for up to two weeks each Summer upon providing at least 30 days advance notice to the other parent. The parent providing notice first shall be entitled to preference on his or her selection of vacation dates. Periods of custody under this provision shall be scheduled, to the extent possible, to avoid interference with the other parent's weekend period of custody. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that parent shall provide the other parent with advance notice of the address and telephone number where the Children can be contacted. 5. Neither party shall use illegal drugs or consume alcohol during his or her periods of custody. Both parties shall ensure that third parties present in the household comply with this provision. 6. The Father shall ensure that his friend, Jason, shall not be present during the Father's periods of custody with the Children. 7. Both parties shall ensure that the Children take all prescribed medications during their periods of custody. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. Counsel for either party may contact the Conciliator within six months of the date of this Order to schedule an additional Custody Conciliation Conference to assist the parties in establishing a custody schedule for the school year, if adjustments are necessary. 10. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. J. cc: 761gan en Eth and Riesmeyer, Esquire, Counsel for Mother drew H. Shaw, Esquire, Counsel for Father ? ? ? :ara e--2 LOW W 1 PAULINE L. MITTERMEIER Plaintiff vs. WAYNE A. MITTERMEIER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2322 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley Mittermeier June 7, 1991 Mother Joseph Mittermeier June 4, 1993 Mother 2. A custody conciliation conference was held on June 12, 2007, with the following individuals in attendance: the Mother, Pauline L. Mittermeier, with her counsel, Warren Eth and Megan Riesmeyer, Esquire, and the Father, Wayne A. Mittermeier, with his counsel, Andrew H. Shaw, Esquire. 3. The parties agreed to entry of an Order in the form as attached. cQ '-'e Date Dawn S. Sunday, Esquire Custody Conciliator h OCT 15 20070, PAULINE L. MITTERMEIER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 07-2322 CIVIL ACTION LAW WAYNE A. MITTERMEIER Defendant IN CUSTODY ORDER OF COURT AND NOW, this /-7* day of © COG? 1 2007, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The provisions of the prior Order of this Court dated June 20, 2007 establishing periods of custody for the Father are suspended and replaced by the provisions of this Order pending further Order of Court or agreement of the parties. 2. The Father's periods of custody with the Children shall be supervised at all times by Melvin Stackpole or other responsible adult selected by agreement between the parties. The Father may contact the Mother or Melvin Stackpole directly to schedule the supervised periods of custody., for which the Mother shall not unreasonably withhold her consent. The supervision requirement shall apply to both regular and holiday periods of custody. The Father's right to periods of custody shall be conditioned on the Father's sobriety during the time the Father is with the Children. 3. The Father may file a request for the scheduling of a follow-up custody conciliation conference to review the custodial arrangements set forth in this Order at any time. BY TI Edward E. Guido cc: Andrew H. Shaw, Esquire - Counsel for Father Warren Eth and Megan Reismeyer, Esquire - Counsel for Mother J. 1. ?p 1'es r71 k I LL /dl! ?/0 7 ?" l + in 30 L??Z t,18 L I I' J` PAULINE L. MITTERMEIER Plaintiff vs. WAYNE A. MITTERMEIER Defendant Prior Judge: Edward E. Guido IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 07-2322 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ashley Mittermeier June 7, 1991 Mother/Father Joseph Mittermeier June 4, 1993 Mother/Father 2. A custody conciliation conference was held on October 10, 2007, with the following individuals in attendance: the Mother, Pauline L. Mittermeier, with her counsel, Warren Eth and Megan Reismeyer, Esquire, and the Father's counsel, Andrew H. Shaw, Esquire. The Father, Wayne A. Mittermeier, did not attend the conference or contact the conciliator. 3. The Mother and her counsel represented at the conference that the Father's behavior has become very erratic since entry of the prior Order. According to the Mother, the Father permitted their 16 year old daughter to drive the Father's car from Pittsburgh to this area without a drivers' license, drivers' permit or drivers' education. The Mother indicated that sometimes the Father appears for periods of custody but often does not follow the schedule. According to the Mother, the Father's excessive use of alcohol has prevented him from providing supervision for the Children when they are in his care and that at least on one occasion the Mother was called to the Father's residence by the Children when they were unable to awaken the Father. The Mother presented medical reports from Holy Spirit Hospital reflecting an incident on August 18 when the Mother took the Father to the hospital for severe intoxication at which time the Father's blood alcohol level was 0.36. The Mother indicated that she does not permit the Father to pick up the Children for periods of custody when the Father is intoxicated at the time of exchange. 4. In light of the serious concerns for the Children's safety while in the Father's care which were raised by the Mother at the conference, the information contained in the hospital reports, and the fact that the Father did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. It is anticipated that the Father will file a request for an additional conference to address the custody schedule if he feels that the supervision requirement is not warranted. -? /U, 20y-7 ?- Date Dawn S. Sunday, Esquire Custody Conciliator Pauline L. Mittermeier, Plaintiff V. Wayne A. Mittermeier, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE : NO. 07-2322 CIVIL TERM PRAECIPE TO WITHDRAW ALIMONY AND EQUITABLE DISTRIBUTION COUNTS To the Prothonotary:. Kindly withdraw Count III - Alimony and Count IV- Equitable Distribution of the Divorce Complaint at the above-captioned docket filed on April 23, 2007. Date:/ ZGI Certified Legal Intern Cam- ?. THOM S M. PLACE ROBERT E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 C ? s °??? ? i ^J .? .? _ :'1 ?? ,? ' ..r P ?.;. "_i:+ _ _.?.. ?? ?' Pauline L. Mittermeier, Plaintiff V. Wayne A. Mittermeier, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 07-2322 CIVIL TERM 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 if I 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 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 falsification to authorities. Date 9-07 ?1._. , Pauline Mittermeier, Plaintiff ' c:? -r€ ?._ _,.? t-7 ?? _.... y1 _..?-.. ?A..? ......... .. r.?-. ... .. 1 -? _ ,_ i Pauline L. Mittermeier, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Wayne A. Mittermeier, Defendant NO. 07 - 2322 CIVIL TERM CERTIFICATE OF SERVICE I, Warren Eth, Certified Legal Intern, Family Law Clinic, hereby certify that on this day I served a true and correct copy of the Praecipe to Withdraw Alimony and Equitable Distribution Counts, Waiver of Notice of Intention to Request Entry of a Divorce Decree Under §3301(c) of the Divorce Code and Plaintiffs Affidavit of Consent on Andrew Shaw, Esq. attorney of record for Wayne A. Mittermeier, at his office, located at 200 South Spring Garden Street, Suite 11, Carlisle, PA 17013, by depositing a copy of the same in the United States mail. Date: l Z l f Warre `/Certified Legal Intern Megan iesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 F°J ?::?? ` _ e;:a -? "i 7 ?? .. ? ? ? _ , ? ^- Wr.i? -' ""? ... ?' ?,a i_..•' ...? ?^.'? °? ?' "'?: Pauline L. Mittermeier, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Wayne A. Mittermeier, Defendant NO. 07-2322 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on April 23, 2007. 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. 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 falsification to authorities. Date 5 - q - 08 Date )-q-a!K Wayn Mittermeier, Defendant )n?f' r19Ce? Witness -?ra rx? ? ' ? ? :?. .? .e ?'? ?xi ? . ; ?.. ..,,. C'? ?? ,?: Pauline L. Mittermeier, Plaintiff V. Wayne A. Mittermeier, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 07-2322 CIVIL TERM 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 if I 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 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 falsification to authorities. Date rj-y-()J Date 5-C4-off Way Mittermeier, Defendant IMOX& 'La2w-t Witness IR i Pauline L. Mittermeier, Plaintiff V. Wayne A. Mittermeier, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE AND CUSTODY : No. 07- 2322 CIVIL TERM 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. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Wayne Mittermeier on April 24, 2007. 3. Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by Plaintiff- November 29, 2007; by Defendant - May 4, 2008. 4. Related claims pending: none 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: December 3, 2007. Date Defendant's Waiver of Notice was filed with the Prothonotary: May 6, 2008. Q? ate Dianne Yacavonne Certified Legal Intern &Tj%j ?G Meg esmeyer Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff P-a o ?. cxa 3 Q L Pauline L. Mittermeier, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE Wayne A. Mittermeier, Defendant NO. 07- 2322 CIVIL TERM AFFIDAVIT OF SERVICE I, Megan Riesmeyer, hereby certify that I personally served a true and correct copy of the Defendant's Affidavit of Consent and Waiver of Notice and the Praecipe to Transmit the Record, on Andrew Shaw, at: 200 South Spring Garden Street, Suite 11, Carlisle, PA 17013, via first class, U.S. mail, postage prepaid on May 7, 2008. Date: 4 Aua4 j k-=i;2 ZIM Meg esmeyer, Esquire Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 ? ? ?i ? ?? ? ? ? ?? `. -- ,.?y ? ?? ? -? . ? =r ` ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Pauline L. Mittermeier, Plaintiff VERSUS No. 2322 07 DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT Pauline L. Mittermeier PLAINTIFF, AND Wayne A. Mittenneier ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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 PROTHONOTARY ?7a *;