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HomeMy WebLinkAbout03-4416IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCIA E. EGAN, Plaintiff MICHAEL H. LaMARCHE, Defendant CIVIL ACTION - LAW DIVORCE NOTICE 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 32 S. BEDFORD STREET CARLISLE, PA 17013-3302 (717) 249-3166 MARCIA E. EGAN, Plaintiff MICHAEL H. LaMARCHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 05- c/qla CIVIL ACTION - LAW DIVORCE COMPLAINT ANDNOW, h~s~' da fS mb r 20 t ' y o epte e, 03, comes the Plaintiff, Marcia E. Egan by her attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: The Plaintiff is Marcia E. Egan, an adult individual who currently resides 119 Wertzville Road, Enola, PA 17025 since June 1992. The Defendant is Michael H. LaMarche, an adult individual residing at 119 Wertzville Road, Enola, PA 17025 since June, 1992. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on May 18, 1995 at Winchester, Virginia. There have been no prior actions of divorce or annulment between the parties. Plaintiff has 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. -1- 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: a. Section 3301(c) Mutual Consent No-Fault: The marriage is irretrievably broken; b. Section 3301(d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, ....I~ANE G. ~DCLIFF, ESQUIRE ~48 Trindle ~oad Camp Hill, P"A 1701 1 Phone: (717) 737-0100 Fax: (717) 975-0697 Supreme Court ID # 32112 Attorney for Plaintiff -2- VERIFICATION MARCIA E. EGAN verifies that the statements made in this Complaint are true and con'ect. MARCIA E. EGAN understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. MARCIA E. EGAN Date: -3- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCIA E. EGAN, Plaintiff Vo MICHAEL H. LaMARCHE, Defendant : NO. 03-4416 .. : CIVIL ACTION - LAW .. : DIVORCE ACCEPTANCE OF SERVICE I, Michael H. LaMarche, the Defendant in the above captioned action, hereby accept service of the Complaint duly endorsed with a Notice to Plead, which Endorsed Complaint was filed in the above captioned matter on September 9, 2003. Michael H. LaMarche 119 Wertzville Road Enola, PA 17025 MARCIA E. EGAN, Plaintiff V. MICHAEL H. LaMARCHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4416 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 9, 2003. 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 consent to the entry of a final Decree in Divorce 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. Section 4904 relating to unswom falsification to authorities. MARCIA E. EGAN, Plaintiff V, MICHAEL H. LaMARCHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4416 CIVIL ACTION - LAW DIVORCE 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 in divorce without notice. 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. 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 Waiver are tree 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. MARCIA E. EGAN, Plaintiff V. MICHAEL H. LaMARCHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4416 CIVIL ACTION - LAW DIVORCE 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 in divorce without notice. 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. 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 Waiver 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. MARCIA E. EGAN, Plaintiff V. MICHAEL H. LaMARCHE, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4416 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 9, 2003. 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 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. Dated: 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 unswom falsification to authorities. ~H.~M~CH~ant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARCIA E. EGAN. Plaintiff MICHAEL H. LaMARCHE, Defendant NO. 03-4416 CIVIL ACTION - LAW DIVORCE 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 in divorce without notice. 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. 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 Waiver 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. Dated: ] ~))-/t/4C2~t9 ~ MARCIA E. EGAN, Plaintiff V. MICHAEL H. LaMARCHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4416 CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 9, 2003. 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 consent to the entry of a final Decree in Divorce 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. Section 4904 relating to unsworn falsification to authorities. MARCIA E. EGAN, Plaintiff MICHAEL H. LaMARCHE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-4416 CIVIL ACTION - LAW DIVORCE PP. AECIPE OF TRANSMIT RECORD TO THE PROTNONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: GROUND FOR DIVORCE: Irretrievable breakdown under Section 3301(c) of the Divorce Code. DATE OF FILING ~ MAN~ER OF SERVICE OF THE COMPLAINT: a. Date of filinq of ComDlaint: September 9, 2003 b. Manner of service of Complaint: Defendant's Acceptance of Service c. Date of Service of Complaint: September 10, 2003 DATE OF EXECUTION OF TNE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: December 11, 2003 b. Defendant: December 11, 2003 0_~ DATE OF EXECUTION OF THE PLAINTIFF'S AFFIDAVIT REQUIRED BY SECTION 3301(D) OF TNE DIVORCE CODE AND DATE OF SERVICE OF THE PLAINTIFF'S 3301 (D) AFFIDAVIT UPON THE DEFENDANT: a. Date of Execution: N/A b. Date of Filinq: N/A c. Date of Service: N/A RELATED CLAIMS PENDING: No issues have been raised in this case, and there are no issues outstanding. DATE AND MANNER OF SERVICE OF THE NOTICE OF INTENTION TO FILE PRAECIPE TO TRANSMIT RECORD, A COPY OF W~ICH IS ATTACHED, IF THE DECREE IS TO BE ENTERED UNDER SECTION 3301(D) (1) (I) OF THE DIVORCE CODE: a. Date of Service: N/A b. Manner of Service: N/A O_ER DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: December 17, 2003 b. Defendant's Waiver: December 2003 _~ ~ ~CLIFF, ESQUIR Q448 Trind~ Road Camp Hi±±, PA 17011 Supreme Court ID # 32112 Phone: (717) 737-0100 iN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of ~~. PENNA. MARCIA E. EGAN, Plaintiff NO. 03-4416 CIVIL TERM VERSUS MICHAEL H. LaMARCHE, Defendant DECREE IN DIVORCE AND NOW, , 2003 , it IS ORDERED AND DECREED THAT MARCIA E. EGAN AND MICHAEL H. LaMARCHE , 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; No issues have been raised in this case, and no issues are outstanding. BY ThE COURT: ~/'~~~TPrOTHONOT ARY