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Home My WebLink About07-6040 : CIVIL ACTION - LAW : 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 following pages, you must take action. You are warned that, if you fail to do so, the case may proceed without you and a decree of divorce or annulment 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, Cumberland County Courthouse, One Courthouse Square, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 AMY C. McNATT, vs. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA NO.07--Lo-- q TIMOTHY T. McNATT, Defendant 0 AMY C. McNATT, VS. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY T.McNATT, Defendant : NO. 07- : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS LISTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas seguientes, debe tomar accion con prontitud. se le avisa que si no se defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra queja o compensacion eclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimona, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County, One Courthouse Square, Carlisle, PA 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telefono (800) 990-9108 AMY C. McNATT, Plaintiff VS. TIMOTHY T. McNATT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07- ( o vb ?? .., CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes Plaintiff, Amy C. McNAtt, Pro Se, who files this Complaint in Divorce and in support thereof states the following: 1. Plaintiff is Amy C. McNatt, (hereinafter "Plaintiff') an adult individual who resides at 660 Geneva Drive Apt. 1, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Timothy T. McNatt, (hereinafter "Defendant"), an adult individual who resides at 821 Pennsylvania Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this divorce Complaint. 4. Plaintiff and Defendant were married on October 22, 2005, in Lemoyne, Cumberland County, Pennsylvania. 5. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since July 28, 2007. 6. There are no pending divorce proceedings upon the filing date of this Complaint. 7. Plaintiff avers that the marriage is irretrievably broken. r 8. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a Decree of Divorce. ql?joq /-V '-?Yw Q - -A I-Idt Date Plainti, Pro Se verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements made herein are subject to the penalties for unsworn falsification to authorities as provided in 18 Pa. C.S. §4904. 9 It" log Date: Plaintiff, Pro Se Assisted by: Linda A. Clotfelter, Esquire Law Firm of Linda A. Clotfelter 5021 E. Trindle Rd., Ste. 100 Mechanicsburg, PA 17050 (717) 796-1930 9 K ( ` ? 7f y c> ? . CD Amy C. McNatt IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY PENNSYLVANIA V. NO. 07- CIVIL TERM Timothy T. McNatt Defendant IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Amy C. McNatt , Plaintiff, to proceed in forma ap uperis. I, Linda A. Clotfelter, attorney for the party proceeding in forma ap uperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. f.aw Firm of Linda A. Clotfelter 5021 E. Trindle Rd., Ste. 100 Mechanicsburg, PA 17050 (717) 796-1930 n ? PH " 7 a a. (L rr? csa ? AMY C. McNATT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-6040 CIVIL TERM TIMOTHY T. McNATT, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE I, Linda A. Clotfelter, Esquire, counsel assisting Plaintiff, Amy C. McNatt, do hereby affirm that the original return receipt dated October 26, 2007 for the Complaint in Divorce, which was sent by Certified Mail, Restricted Delivery, Return Receipt Requested, which return receipt appears to contain the signature of Timothy McNatt, is set forth below. The undersigned understands that the statements herein are made subject to the penalties of 18 P.S. § 4904 relating to unworn falsification to authorities. ¦ Ootnplete items 1, 2, and 3. Also complete Nrm 4 If Restricted belivery is desired. ' W Print your name and address on the reverse so thatGMs,4anxetum the card to you. ¦ Attach this 6wd to the back of the mallpiece, or on the front H spWe permits. 1. Article Addressed to: Timo'M?No?tt qa? ?vanLa,'??1,?Mw?rw?e? ina'?3 A. Signature ? Agent ? Addressee S. Reoe(ved by (Printer!"Narrie C. Dat./.6iv / z6 D. Is delivery address dnnM from Item 11 ? Yee If YES, enter delivery address below: ? No 3. Service Type CeRifled Mail Express Mail ? Regi tared NLReturn Receipt for MomhendNe ? Insured Mail ? C.O.D. 1)NDYD(_ UJmVJt%j°M4. RestrictedD*MWPftFee) 2. Article Number MWMW from servlaoM" . 7001 2510 0003 4439 8096 Ps Form 3811, February 2004 Don waft Rehm Receipt 102595-024&1s7 Respectfully submitted, Dated: 1 D * LAW OFFICE OF LINDA A. CLOTFELTER mda A. Clotfelter, Esquire ttorney ID No. 72963 5021 East Trindle Road, Suite Mechanicsburg, PA 17050 telephone (717) 796-1930 facsimile (717) 796-1933 w AMY C. MCNATT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-6040 CIVIL TERM TIMOTHY T. McNATT, : CIVIL ACTION - LAW Defendant : IN DIVORCE AND CUSTODY CERTIFICATE OF SERVICE AND NOW, this 30th day of October, 2007, the undersigned hereby certifies that a true and correct copy of the foregoing AFFIDAVIT OF SERVICE was served upon the opposing party by first class mail, postage prepaid, addressed as follows: Timothy T. McNatt 821 Pennsylvania Avenue Lemoyne, PA 17043 Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER inda A. Clotfelter, Esquire Attorney ID No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile C?. ....? ?;? ? t'` ?.,' ?? : ? ?? _ ., -?= ? _ 0 AMY C. MCNATT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-6040 TIMOTHY T. MCNATT, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed October 12, 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. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. 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 unworn falsification to authorities. Date:,-21g1b 8, 94W C -,7,t e77a&- C. MCNATT, Plaintiff ?` °c:? ?? ? ?? 1 ? `? ?; %? ``= ,??_ .?? p `? .,.- ?? ? ... c? 0 AMY C. MCNATT, Plaintiff, VS. TIMOTHY T. MCNATT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6040 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 4 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: 4?'/ (2` - AMY . MCNATT, Plaintiff 12 o s I . !-?= »f i s AMY C. McNATT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-6040 CIVIL TERM TIMOTHY T. McNATT, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on July 28, 2007, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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 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. .,y Ginq C / Lc ja. Date: aJr (? 9 AMY . McNATT, Plaintiff OF E Pr r , ? OTARY 2009 AUG 27 PrI 14- 02 I AMY C. McNATT, Plaintiff, VS. TIMOTHY T. McNATT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6040 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(D) DIVORCE DECREE TO: Timothy T. McNatt, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301 (d) affidavit. Therefore, on or after November 8, 2009, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever, the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 4 AMY C. McNATT, Plaintiff, VS. TIMOTHY T. McNATT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6040 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ? (a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. ? (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ? (a) I do not wish to make any claim for economic relief. 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. ? (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice on Intention Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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 unworn falsification to authorities. DATE TIMOTHY T. MCNATT NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. ALE"-'-iCF FF F ,`?T' ,RY 2009 NQ`s 25 PM 3: 53 ?f YTY 0 AMY C. McNATT, : IN THE COURT OF COMMON PLEAS OF Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-6040 CIVIL TERM TIMOTHY T. McNATT, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. The ground for divorce is irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. The Complaint was filed on October 12, 2007. The Complaint was served by certified mail, return receipt requested, restricted delivery on October 26, 2007, as evidenced by the Affidavit of Service filed November 2, 2007. 3. The affidavit required by § 3301(d) of the Divorce Code was executed by Plaintiff on July 25, 2009, and it was filed on August 27, 2009. It was served upon Defendant on October 6, 2009 by first class mail, postage prepaid as evidenced by the Certificate of Service filed on October 6, 2009. 4. Date and manner of service of the Notice of Intention to Request Entry of Section 3301(d) divorce decree on Defendant: October 6, 2009, by first class mail, postage prepaid as per the Certificate of Service filed November 25, 2009. Plaintiff's Waiver of Notice was executed by Plaintiff on July 25, 2009, and was filed with the Prothonotary on August 27, 2009. 5. There are no related claims pending. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Lida A. Clotfelter, Esquire _4#omey I.D. No. 72963 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 (Telephone) (717) 796-1933 (Facsimile) mF nor?ixranr Y DEC -8 11111:07 AUNTY PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMY C. MCNATT V. TIMOTHY T. MCNATT : NO 07-6040 DIVORCE DECREE AND NOW, Zt L 1? , 100 , it is ordered and decreed that AMY C. MCNATT plaintiff, and TIMOTHY T. MCNATT , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, Iv\\ -? ? \. % Attest: J. 4 6 b ) . J'Inm- nlltm Pr honotary l z)lL.1os - matLv--Lq.6 1.. ? e