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HomeMy WebLinkAbout07-5281Johnson, Duf~ie, Stewart & Weidner 13y: Melissa Peel Greevy LD. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ROBERT STEPHEN METER, Plaintiff v. CAROL LEE METER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ 7 ~.2 ~"/ Ctu.d ~~"` CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AAfD CLAIM R/t3HTS 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 agains# you by the court. A judgment may also be entered against you for any other claim or relief requested in these pages 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 in-etrievable 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, 1 Courthouse Square, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE THE 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 Johnson, Duffle, Stewart & Weidner ]By: lViellihaa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ROBERT STEPHEN MEIER, Plaintiff v. CAROL LEE METER, Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT NV Dt 11'ORCE UNDER SECTIONS 3301(c) ~ 3301(dl OF THE DIVOI4CE CODE AND NOW, comes the Plaintiff, ROBERT STEPHEN MEIER, by and through his attorneys, Johnson, Duffle, Stewart 8~ Weidner, and files the following Divorce Complaint against the Defendant, CAROL LEE METER: 1. The Plaintiff is ROBERT STEPHEN METER, an adult individual, residing at 1409 English Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant is CAROL LEE METER, an aduK individual, residing at 2215 Eaglesmoor Lane, Enola, Cumberland County, Pennsylvania 17025. 3. The Plaintiff and Defendant were married on February 23, 1985, in Cumberland County, Pennsylvania. 4. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.6~-5~~ Pennsylvania at least six months immediately prior to the filing of this Complaint. 5. There has been no prior action for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The parties separated no later than April 4, 2007. 8. The Plaintiff has been advised of the availability of marriage counseling and he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a Decree of Divorce under Section 3301(c) or 3301(d) of the Divorce Code. COUNT !I - INDIGNITIES 9. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 8 inclusive, of the Complaint as if the same were set forth herein at length. 10. The Defendant has offered to the Plaintiff, the injured and innocent spouse, such indignities as to render his condition intolerable and life-burdensome. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court enter a decree of divorce under Section 3301(a)(t3) of the Divorce Code. COUNT 111 - EQUITABLE DISTRIBUTION 11. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 10 inclusive, of the Complaint as if the same were set forth herein at length. 12. Plaintiff and Defendant have legally and beneficially acquired certain personal property during their marriage. 13. The parties have not yet reached an agreement regarding equitable distribution. Should they successfully reach a private agreement in the future, Plaintiff requests that the agreement be incorporated into any Decree later entered by this Honorable Court. WHEREFORE, the Plaintiff respectfully requests that your Honorable Court equitably divide all marital property. COUNT lV -CUSTODY 14. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 13 inclusive, of the Complaint as if the same were set forth herein at length. 15. The Plaintiff and Defendant are married and are the parents of one (1) minor child: Paige Kathryn Meier, bom October 22, 1995. 16. The child was born in wedlock. 17. Plaintiff seeks to share custody of the parties' daughter. 18. For the last five years the child's residence has been as follows: a. From 2002 to 2004 with both parents at 1502 Dalkeith Drive, Mechanicsburg, Pennsylvania b. From 2004 to April 4, 2007 with both parents at 2215 Eaglesmoor Lane, Enola, Pennsylvania c. Since April 4, 2007, the child has resided with Mother at 2215 Eaglesmoor Lane, Enola, Pennsylvania. 19. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the child in this or any other Court. 20. The Plaintiff has no information of a custody proceeding concerning the child pending in any court of this Commonwealth or any other state. 21. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 22. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child has been named as a party to this action. 23. Father has been and continues to be willing to negotiate a parenting plan that focuses the parents making decisions together and serving the child's best interests. In the absence of an agreement, Father invokes the jurisdiction of the Court to assume control of the decisions to be made regarding custody. 24. The best interest of permanent welfare of the child will be served by granting the relief requested because: A. The child needs ftequent and continuing contact with both of her parents. B. Mother has been inconsistently responsive to Father's attempts at communication to work out parenting arrangements outside of a court setting. C. The child told Father that Mother was looking at houses she could move into while they were visiting in South Carolina. D. Mother unilaterally took the child to South Carolina for seven consecutive weeks this summer and refused to allow the child to return to see Father on his birthday. E. A court ordered schedule of contact by which Mother must abide will ensure that Paige has frequent and continuing contact with her parents. VI~/EREFORE, the Plaintiff, ROBERT STEPHEN METER, respectfully requests this Honorable Court to set a schedule of to ensure frequent and continuing contact with Paige and both of her parents and award the parties shared legal custody of the minor child. JOHNSON, DUFFIE, STEWART 8 WEIDNER L~?~.~ elissa Peel Greevy :307358v2 VERIF/CATION I, ROBERT STEPHEN METER, verify that the statements made in this Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unswom falsification to authorities. Date:. ~ ROBERT STEPHEN METER 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 REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (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 4990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact the Court Administrator's office at (717) 240-6200. 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. Johnson, Duffle, Stewart & Weidner By: Mersa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ROBERT STEPHEN METER, Plaintiff v. CAROL LEE METER, Defendant AFFIDAVIT IN DIVORCE ROBERT STEPHEN METER, being duly sworn according to law, deposes and says: 1. I 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. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce 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. §4904, relating to unswom falsification to authorities. Date: Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW ROBERT STEPHEN METER ~ ~~ c'. - w ~ ' ~ ~Y~f~~~~ , ry f ~^ 1 j i ~( y..~.~~S~-~}} ~ ~ ~ ~,~ V ,.~4. ~.y~ e ` •/1 F/ ~ - ~•y l - ~J ~. ,fir ~~ ~ ~ ^e~, . .~ ~~ 6"' p ~. ~i a ~• .~,y a - .... '`,~1 w~ _ ` p "` r~ '~ J ~ ~~ y ~ p w ~"`~,. ~,.. Q ,C ~ . ., ''TT'"'~ r,,, ""C ~''' O ~ ~ ~ ' T ~ to 4 ~ S- T h C p "V.~ ti ~`~- 1 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff ROBERT STEPHEN MEIER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. 07-5281 v. : CIVIL ACTION -LAW CAROL LEE MEIER, IN DIVORCE Defendant RETURN OF SERVICE The undersigned makes the following return of service: The Complaint in Divorce was mailed to the Defendant, Carol Lee Meier, at 2215 Eaglesmoor Lane, Enola, Cumberland County, Pennsylvania 17025 on September 11, 2007: X A copy of the signed return receipt indicating service was completed on September 13, 2007, is attached hereto. The mail, refused and returned, is attached. A copy mailed to the Defendant at the same address by ordinary mail with the return address of the sender appearing thereon has not been returned within fifteen days after mailing. I, Melissa Peel Greevy, certify that I am a competent adult not a party to the action. I verify that the statements made in this affidavit and return rvice are true and correct. I understand that false statements herein are made subject to the pe ies o 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. JOHN ON, DUFFI , STEWART 8~ WEIDNER Date: B ' elissa Peel Greevy ~- ;~ .. .~v~ ~ yore be~r+r t, 2, and 3. Nso oompUle tb®m 4 M t~riolad DsYvery le deeir+sd. ^ PriM your rims and address on the reverse so Uwt Mre can natrun ths card to you. ^ Attaah thte card to the bedK of the md~leoe, or on tfie'tront if specs pem~its. t. nrndsAearssed>a: ~Na,~4~ ~i9-17d Z ~ r ~f . ~ ° "~ ~ Aedrassea. X a n Wis. 3. l~s f)srtlQ~d NWI ~ ~f~nd 0 ~161Nttd ~ R~oeipt ~ ~ .Mw.~+~. 2' rn~+~+~h 7004 150 0003 4494 9779 ... , - P8 Form 3811, February 2604 HasntMlhwrAw~arM ~u¢~oz+~-~s+o o, N rti ~. ~~ s ,. , ,.. '. N'~ ~ p f,y p CeAMbd Fps =' ::=~~ °_ ~1rS< ~ ~.' , i. . ~S7CP ~ (ier~ ? Il z n V m s,- . '~ roai ~e a Free, $ ,~' oa+~'~g . s cni. dare; iit;«:i' ~/ C /f /g l 70 L S~ .- 3 c ~{- W Johnson, Duffle, Stewart ~ Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com ROBERT STEPHEN METER, Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. N0.2007-5281 CIVIL ACTION -LAW CAROL LEE METER, Defendant PRAECIPE TO WITHDRAW COUNT TO THE PROTHONOTARY: IN DIVORCE Please withdraw Defendant's Count for Indignities in the above captioned matter. JOH1~60N, DU~FIE, STEWART & WEIDNER Peel Greevy :335046 S` .~~. ~ . ~ ~ ~~~ ~,. .~- Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ROBERT STEPHEN METER, Plaintiff, v. CAROL LEE METER, Defendant. AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 4, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION Tg REQUEST 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 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. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-5281 CIVIL TERM CIVIL ACTION -LAW I verify that the statements made above 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: ~ (y/(/ ROBERT S. MEIER :333512 cxa pp "`~7 .' ~ ~. i- ~r t; .; ,~* ~ ~,~' .. N .~ " Johnson, Duffle, Stewart & VNeidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 ROBERT STEPHEN METER, Plaintiff, : v. CAROL LEE METER, Defendant. AFFIDAVIT OF CONSENT IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 4, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRYOF„_A DIVORCE DECRI~E 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 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. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 -5281 CIVIL TERM CIVIL ACTION -LAW I verify that the statements made above are true and correct. I understand that false statements herein are made subject to the pena~ies of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: CAROL LEE METER :s~~z ~' :~ ~T . t ` ;~ ~.`~'~-, ~ .~ ~~ • N T~ .-. l Johnson, Duffle, Stewart ~ Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com Attorneys for Plaintiff ROBERT STEPHEN METER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : N0.2007-5281 v. CIVIL ACTION -LAW CAROL LEE METER, IN DIVORCE Defendant PRAEC/PE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served on September 13, 2007 via certified mail, restricted delivery. 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 the Plaintiff on June 6, 2008; by the Defendant on June 4, 2008. 4. Related claims pending: Custody; The Court shall retain jurisdiction for purposes of entering a Qualified Domestic Relations Order based on Stipulation of the parties. .' 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (c) (1) (i) of the Divorce Code: Waiver of Notice signed by Plaintiff on June 6, 2008, and is filed herewith. Waiver of Notice signed by Defendant on June 4, 2008, and is filed herewith. JOHNSON, FIE, STEWART & WEIDNER Meliss Peel Greevy :333515 ~ : ~''~. er: +- ~~, f rn G ~~ > t..~ `,~ ~ .~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF l PENNA. '~,<;- - _ ROBERT STEPHEN MEIER N O. 07-5281 CIVIL TERM VERSUS CAROL LEE MEIER DECREE IN DIVORCE AND NOW, ~,' ~'~ C' ~ 2008 IT IS ORDERED AND DECREED THAT ROBERT STEPHEN MEIER PLAINTIFF, AND CAROL LEE MEIER ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISEq OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; CUSTODY; THE COURT SHALL RETAIN JURISDICTION FOR PURPOSES OF ENTERING A QUALIFIED DOMESTIC RELATIONS ORDER BASED ON STIPULATION OF THE PARTIES. E A ~ ~ ~©. !1- ~? J ~? ~ ~ ~