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HomeMy WebLinkAbout03-4119MAR[SSA S. MOYER Plaintiff MICHAEL H. MOYER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS 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 the Court may enter a decree of divorce or annulment against you. A judgment may also be entered against you for any other claim or relief requested by the Plaintiff. You may lose money or property or other fights important to you. When the grounds for divome include indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, High and Hanover Streets, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES, OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOOSE THE RIGHT TO 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 (717) 249-3166 MARISSA S. MOYER Plaintiff Ye MICHAEL H. MOYER Defendant : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE .* :No. COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Marissa S. Moyer, an adult individual currently residing at 4 Woodmyre Lane, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Michael S. Moyer, an adult individual currently residing at 817 B South York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period in excess of six (6) months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on July 21, 2001 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jufisdictiun. 7. 8. 9. The marriage is irrelrievably broken. There are no children bom of this marriage. This action is not collusive. Plalntiffis not a member of the Armed Services of the United States or any of its Allies. 10. Plaintiffhas been advised of the availability of marriage counseling and that Plaintiff may have the right to request that this Honorable Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a final decree in divorce. Respectfully submitted, Valerie J. ~ I.D. 87442 2807 Market St. Camp Hill, PA 17011 (717) 920-9460 Attorney for Plaintiff VERIFICATION I, MARISSA S. MOYER, do verify that the facts contained in the foregoing document are tree and correct to the best of my knowledge, information, and belief. I understand that false statements are made subject to the penalties of 18 Pa.C.S. 54904 relating to unswom falsification to authorities, Date: ~ [ ~r~ ] 03 ~MA~ ~S~A S. MO-f~ 2 '~/~ f ~~ MARISSA S. MOYER Plaintiff MICHAEL H. MOYER Defendant IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE No. 03-4119 CERTIFICATE OF SERVICE I, Valerie J. Faden, Esquire, attorney for Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the Notice to Defend and Claim Rights and Complaint Under Section 3301 (c) or 3301 (d) of the Divorce Code upon the Defendant by certified mail, return receipt requested and also by depositing same in the U.S. Mail, first class, postage prepaid, on the 2nd day of September 2003 addressed as follows: Michael H. Moyer 917 B South York Street Mechanicsburg, PA 17055 By: Valerie ~l~den, Esquire I.D. # 87442 2807 Market Street Camp Hill, PA 17011 (717) 920-9460 Attorney fi~r Plaintiff MARISSA S. MOYER, Plaintiff MICHAEL H. MOYER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA _. : CIVIL ACTION - LAW : DIVORCE : : No. 03-4119 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 22, 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 ora 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 hue 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. MARISSA S. MOYER, Plaintiff MICHAEL H. MOYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE No. 03-4119 AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(e) of the Divorce Code was filed on August 22, 2003. 2. The marriage of Plaintiffand 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 of divome 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. DATE: MICHAEL H. MOYER,~ MARISSA S. MOYER, Plaintiff MICHAEL H. MOYER, Defendant IN THE COURT OF COMMON PLEAS CUMBERALND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW DIVORCE No. 03-4119 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 loose rights concerning alimony, division of property, lawyers 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 unswom falsification to authorities. DATE: MARISSA S. MOYER, Plaintiff MICHAEL H. MOYER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : No. 03-4119 WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consem to the entry of a final decree of divorce without notice. 2. I understand that I may loose fights concerning alimony, division of property, lawyers 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 prothonotaxy. 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. DATE: MICHAEL H. MOYER, Defendant MARISSA S. MOYER, Plaintiff MICHAEL H. MOYER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : : No. 03-4119 PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner 6f service of Complaint: Certified Mail, Return Receipt Requested, Addressee Only No. 7002 2030 0001 3408 6675, mailed on September 2, 2003 and received September ~/, 2003. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: April 15, 2004; by Defendant: April 15, 2004. 4. Related claims pending: N/A 5. Date Plaintiff's and Defendant's Waivers of Notice were filed with thc Prothonotary: April 21, 2004. DATE: 2807 Market St. Camp Hill, PA 17011 (717) 920-9460 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS Marissa S. Moyer Plaintiff OF CUMBERLAND COUNTY STATE OF ~r~*_~.. PENNA. N o. 03-4119 Civil VERSUS Michael H. Moyer DefendaAt DECREE IN DIVORCE AND NOW, DECREED THAT AND Marissa $. Moyer Michael H. Moyer , 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 PROTHONOTARY MARISSA S. MOYER, Plaintiff MICHAEL H. MOYER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERALND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : DIVORCE : · No 03-4119 NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, after entry of a Final Decree in Divorce dated April 29, 2004, hereby elects to resume the prior surname of SMITH, and gives this written notice avowing her intention pursuant to the provisi[ons of 54 P.S. § 704. Signature of name being resumed COMMONWEALTH OF PENNSYLVANIA : : SS;. COUNTY OF CUMBERLAND : On this, the 17th day of May, 2004, before me, a Norm3' Public, personally appeared the above affiant known to me or satisfactorily proven to be the person whose name is subscribed to the within document and acknowledged that she executed the :foregoing for the purposes therein set forth. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Pubh~'/ My Commission Expires NOTARIAL SEAL ' VALERIE J. FADEN, Notary Publlo Camp Hill, Cumberland County v Commission Expires April 26, 2007