The URL can be used to link to this page

Home My WebLink About07-2852JODY E. OTT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. C,7 a ?S ROBERT E. OTT, ) Defendant ) 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 foregoing 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 in 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 at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 JODY E. OTT, ) Plaintiff ) VS. ) ROBERT E. OTT, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JODY E. OTT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. ) CIVIL ACTION - LAW NO. ROBERT E. OTT, ) Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, JODY E. OTT, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is JODY E. OTT, an adult individual who currently resides at 4045 Cherokee Avenue in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is ROBERT E. OTT, an adult individual who currently resides at 170-B Franklintown Road in Dillsburg, York County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 15 November 1986 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I -- IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. C?? I L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12t' Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: JO E.O Q?> -r? FTI r-? Irs ? f 1 ? JODY E. OTT, Plaintiff VS. ROBERT E. OTT, Defendant TO THE PROTHONOTARY: PRAECIPE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-2852 Civil IN DIVORCE Please reinstate the Divorce Complaint in the above matter and deliver it to the Sheriff for service. 18 July 2007 San-)tjbi L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 t? V V C7 0 -n ?- Fr. my Q C` ( F ?r-n ?i r- - I Page 1 of 3 JODY E. OTT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ROBERT E. OTT, Defendant CIVIL ACTION - LAW NO. 07-2852 REQUEST FOR EXTENSION OF TIME TO SEEK LEGAL REPRESENTATION On April 23, 2007, Plaintiff, filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania. Plaintiff reinstated Complaint in Divorce on August 7, 2007, which was received by the Defendant on August 21, 2007. Prior to the reinstatement of the Complaint in Divorce, the Defendant participated in both counseling in accordance with Section 3302 (d) of the Divorce Code and conducted several discussions with the Plaintiff to resolve the irretrievable breakdown referenced in her Complaint in Divorce dated April 23, 2007. Since the Defendant had believed that divorce counseling and private discussions with the Plaintiff could resolve the irretrievable breakdown alleged by the Plaintiff, the Defendant did not seek legal representation prior to this request for an extension. The Defendant requests an extension of time to seek legal representation so that appropriate claims, division of property, lawyer's fees and expenses can be fairly represented on behalf of the Defendant prior to a divorce or annulment is granted. I verify that the statements made in this Request for Extension to Seek Legal Representation are true and correct. I understand that any false statements in this Request Page 2 of 3 for Extension are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: ROBERT E. OTT Page 3 of 3 CERTIFICATE OF SERVICE I hereby certify that copies of the REQUEST FOR EXTENSION OF TIME TO SEEK LEGAL REPRESENTATION were sent on this day to the following: By Certified US Mail: Attorney for Plaintiff Samuel L. Andes, Attorney-At-Law 525 North 12`" Street Lemoyne, PA 17043 August 24, 2007 Robert E. OTT Defendant -Y- y PO ,t SHERIFF'S RETURN - REGULAR CASE NO: 2007-02852 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OTT JODY E VS OTT ROBERT E STEPHEN BENDER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon OTT ROBERT E the DEFENDANT , at 1900:00 HOURS, on the 21st day of August , 2007 at 300 11TH STREET NEW CUMBERLAND. PA 17070 ROBERT E OTT by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 32.64 Postage .58 Surcharge 10.00 .00 T/? tIDQ ?., 61.22 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 08/22/2007 SAMUEL ANDES By: eput Sheriff of A. D. R FFiDAV; r D,r Serv+'t,s. SHERIFF'S RETURN - REGULAR CASE NO: 2007-02852 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND OTT JODY E C C O C= VS z7 ?-- C= rn-n OTT ROBERT E '- J w ??T . -' 5 J rn STEPHEN BENDER Sheriff or Deputy Sheriff W ? Cumberland County,Pennsylvania, who being duly sworn accor i g k@o Isdw, says, the within COMPLAINT - DIVORCE was served upon OTT ROBERT E the DEFENDANT at 1900:00 HOURS, on the 21st day of August 2007 at 300 11TH STREET NEW CUMBERLAND, PA 17070 by handing to ROBERT E OTT a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: So Answers: Docketing 18.00 Service 32.64 rrrm Postage .58 Surcharge 10.00 R. Thomas Kline .00 61.22 08/22/2007 SAMUEL ANDES Sworn and Subscibed to By: - before me this day eput Sheriff of A.D. JODY E. OTT, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007- 2852 ROBERT E. OTT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 11 May 2007 and served upon the Defendant on 21 August 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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 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. Section 4904 relating to unsworn falsification to authorities. Dat d: JO E. T Z?K -? ?; ° ?rrr ? n? . ' * ..`Y_ i JODY E. OTT, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007- 2852 ROBERT E. OTT, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 11 May 2007 and served upon the Defendant on 21 August 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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 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. Section 4904 relating to unsworn falsification to authorities. L 0 D ted: ROBERT E. OTT i" 0 C r C? -n 4:l ' 1 j? ? F7 4.w+. g 71 ?•.p..? + 4 JODY E. OTT, Plaintiff VS. ROBERT E. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-2852 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). 2. Date and manner of service of the Complaint: Sheriffs service upon Defendant on or about 21 August 2007. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff. 4 June 2008 by Defendant: 4 June 2008 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 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: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: Dated 4 June 2008 and filed contemporaneously herewith. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: dated 4 June 2008 and filed contemporaneously herewith. Date: 4 June 2008 cuz???? Samuel L. es Attorney for Plaintiff ra C 'TI r r r _ Q G IN THE COURT OF COMMON PLEAS JODY E. OTT, Plaintiff VERSUS ROBERT E. OTT, Defendant AND NOW, DECREED THAT ROBERT E. OTT AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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 OF CUMBERLAND COUNTY STATE OF PENNA. No. 2007-2852 DECREE IN DIVORCE 2008 IT IS ORDERED AND JODY E. OTT '04" ,? v ,v?? /?? :,-,