HomeMy WebLinkAbout91-0763IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NOTICE TO DEFEND AND CLAIM RIGHTS MANDATED BY R.C.P. 1920.71
NORMA M. OLSEN : Civil Action - Law
vs. i No.
ROBERT A. OLSEN : Action in
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 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 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 the Cumberland County Court House, 1
Courthouse Square, Carlisle, Pennsylvania, 17013-5387.
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.
Office of the Prothonotary
Cumberland County Courthouse
I Courthouse Square
Carlisle PA 17013
1-(717) 697-0571
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
NORMA M. OLSEN : Civil Action - Law
ROBERT A. OLSEN : Action in Annulment
COMPLAINT
1. Plaintiff is Norma M. Olsen, who currently resides at 400
North Market Street, Mechanicsburg, Cumberland County,
Pennsylvania, 17055.
2. Defendant is Robert A. Olsen, who
249 Bradley Avenue, State College, Centre
16801.
currently resides at
County, Pennsylvania,
5. The Parties have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months immediately
previous to the filing of this Complaint.
4. The Plaintiff and the defendant were married on February
25, 1989 in Centre County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is voidable and subject to annulment for the
reason that defendant is and was naturally and incurably impotent
at the time of the marriage, which condition was not known to
plaintiff prior to the marriage, all in accordance with ~205(a)(4)
of the Pennsylvania Divorce Code.
7. The Plaintiff has been advised of the availability of
counseling and that the Plaintiff may have the right to request
that the court require the parties to participate in counseling.
annulment on
Code.
Plaintiff requests the court to enter a decree of
the basis of §205(a)(4) of the Pennsylvania Divorce
I verify that the statements made in this Complaint are true
and correct. I understand that false statements herein are made
sub,eot to the penalties of 18 Pa. C.S. §4904 relating to unsworn
falsification to authorities.
DATE: / ~/' ..2 .~
· Plai~ff
NORMA M. 0LSEN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION - LAW
ROBERT A. OLSEN, : No. 765 CIVIL 1991
Defendant : Action in Annulment
DECREE OF ANNULMENT
AND NOW, this 3~) day of ~~--~. , 1991, it is ordered
and decreed that the marriage of Norma M. 01sen, Plaintiff, and
Robert A. Olsen, Defendant, be, and the same hereby is, annulled
and voided.
The Court retains jurisdiction of the following claims
which have been raised ofyrec°rd ~ ~ action
final order has not yet been e.~ered:/
?.
J.
Attest:
Prot~onotars/ ~-
for which a
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA.
NORMA M. OLSEN
Plaintiff
vs. No. 763-Civi1-1991
F, DBERT A. OLSEN
Defendant Civil 19 91
It appearing that the Master's report in the above stated case has been filed
for ten days, that no exceptions have been filed thereto, that the costs have been
fully paid and that all the requirements of law and Rules of Court have been met,
you are hereby directed to submit the said case to the Court of Common Pleas of
Cumberland County, Pa., at the next sitting thereof.
Attorl~'v for i'ln[ntifr.
Prothonotary
Dated
I, OUghtS, d~ Prothonotary of the Court of
Common Pleas of Cumberland C hereby certify that the costs in the above
stated case, have all been paid, including the Master's fee.
~5~ . PrOthonotary.
NORMA M'. OLS~N,
Plaintiff
¥o
ROBERT A. OLSEN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 76S CIVIL 19 91
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the record, together with the following information, to the court
a decree of annulment:
for entry of ~ 4ivoroo dooroc:
annulment: impotency under Section
1. Ground for-4-i-w~e, i~e~rievabl~ b~akdG~,, umdcr Ccction (201(c))
(20~<d) (1) of the Divorce Code. (Strike out inapplicable section.)
2. Date and manner 'of service of the complaint: Certified mail March
19, 1991
B. (Complctc cithcr paragraph (a) or (b) .)
(a) Date of execution of the affidavit of consent required b~ e~ction
33ol ~
-~8~(c) of the Divorce Code: by the plaintiff
by defendant ~
(b) (1) Date of exec~laintiff's affidavit required by
3301 ~
Section ~8~(d) of~l)ivorce Code: ,
· -~-~ ....... (2) Date of service of the plaintiff's affidavit upon the defendant:
4. Related claims pending: None
5. Indicate date and manner of service of the notice of intention to file
330~
praecipe to transmit record, and attach a copy of said notice under section ~I
(d) (1) (i) of the Divorce Code.
Attorney for (Plaintiff)
(Defendant)
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
NORMA M. OLSEN
VS.
ROBERT Ao OLSEN
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 765 CIVIL 1991
ACTION IN ANNULMENT
AFFIDAVIT
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF YORK
SS:
Personally appeared before me, the undersigned officer, a
Notary Public in and for said County and Commonwealth, Joel 0.
Sechrist~ Esquire, who being duly sworn according to law, doth
depose and say that he caused a true and correct copy of the
Complaint in the above cited case to be served upon the defendant~
Robert A. Olsen, by delivering same to the United States Post
Office at Lewisberry, Pennsylvania, on March 14, 1991, and mailing
said Complaint by certified mail number P825 751 807 copies of the
receipt for certified mail and return receipt card being attached
hereto.
SWORN and SUBSCRIBED to
before me, this~ day
CUMBERLAND COUNTY, ss:
THE COMMONWEALTH OF PENNSYLVANIA,
[Commission to take Testimonyl
................................................ GREETING:
Know you that in confidence of your prudence and fidelity, we have
appointed you, and by these presents do give unto you full power and
authority, in pursuance of an orde~ made in our County Court of
Common Pleas for the County of Cumberland in a certain cause there
depending wherein ............................................
.............................. _N_o_ .r~_ .a_ .~_. _ _0_1_~ _~_n_ ........................ Plaintiff ................
and .............................. - .............................................................
Robert A. Olsen
............................. Defendant , to calL ...............................................
before you at a certain day and place by you for that purpose to be appointed, all and every person who may
be named by you on the part of the ----P--1-a.'.lan-~-i-~.f-..an-.d__-l~--~.~-n-d-a--n~ ....................................
as witnesses in the said cause, and then and there to examine each of the said witnesses upon their oath or
solemn affirmatima touching the pr~mlses, and reduce their testimony to writing; and when you shall have done
so, you are to send the ~me bc4ore our Judge at Carlisle, at our said Court, together with this writ and a report
of the proce~ding~ before you and your opinion of the ease under your hand and seal.
IN TESTIMONY WHEREOF, we have caused the seal of our said Court to be hereunto affixed.
WITNESS, the honorable ___H__a~'__o~_d___Ez__S_h__e_e_lv ............... President Judge of our said
Court at Carlisle the ____8.1;.h_ ............. day of ..... a~.Ll~. .................. in the year of our Lord
one thousand nine hundred
To the Honorable the Judge.
Prothonotary.
The execution of this commission appears in a certain schedule hereunto annexed.
.......................................... (Seal)
IVfaater. '
IN T~E COURT OF COM~-ON PLEAS OF
CL%MBEILLAND COUNTY, p~"TNSYLVANIA
NORMA M. OLSEN
Plaintiff
VS ·
RCBER7 A. OLSEN
NO. 763 Civil
MOTION FOR APP0tNT~%NT OF MASTER
Norms M. Olsen (Plaintiff)
a mas=er with respect Co the following cla~-:
( ) Divorce
( x ) Annulment
~( ) Alimony
( ) Alimony Pendeute LiCe
a~x~ in support of the motion states:
moves the court to appoint
Distribution of Propert?
Support
Counsel Fees
Costs and Expenses
(1) Discover7 is complete as Co the claims(s) for which the
a~ointment'of a master is requested.
,r- (2) The defendant (base-(has not) appeared in the action (personally)
(by his a~rney, ,Esquire).
, (3) The statutory ground(s) for divorce (is) (are)
AnnUlment §205 (a) (4)
(4) Delete the inapplicable paragraph(s):
(a) The actio~ is not co~tested.
or fact.
(c) The action is contested wi~h respect to the following
(5) The action (~vetv~s~ (does uot involve) complex issues of law
(6) The hearing is expected to taka 1 (hours)
(7) Additional information, if any. relevant to :he motion:
Date: 5/23/91 A~e.v for (P~15609
ORDER ~POINTING ~S~R
is appo~:e~sC~ ~ch respect :o :h~follow~g cla~s: ~ ~ ~'~
By the! Court:
NORMA M. OLSEN,
Plaintiff
ROBERT A. OLSEN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
No. 763 CIVIL 1991
Action in Annulment
plaintiff; Joel 0. Sechrist,
defendant, as indicated by
Master's Report.
PROOF OF NOTICE OF MASTER'S HEARING
AND FILING OF MASTER'S REPORT
COMMONWEALTH OF PENNSYLVANIA)
: ss.
COUNTY OF CUMBERLAND )
J. Wesley Oler, Jr., Master in the above-captioned matter,
being duly sworn according to law, deposes and says:
That he gave notice of the Master's hearing by ordinary
mail on July 20, 1991, to the plaintiff~ Joel O. Sechrist, Esq.,
plaintiff's counsel; and the defendant, as indicated by the
attached Notice; and
That he gave notice of the flling of his report, including
its recommendations, by ordinary mail on August 29, 1991, to the
Esq., plaintiff's counsel; and the
the attached Notice of Filing of
Jr/wesley 01~, Jr. ,~sq.
M~/ster
Sworn to and subscribed
before me this ~ day
of d~Lc~ 1991.
NORMA M. 0LSEN, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
v. : CIVIL ACTION - LAW
:
ROBERT A. 0LSEN, : No. 765 CIVIL 1991
Defendant : Action in Annulment
NOTICE OF FILING MASTER'S REPORT
NOTICE IS HEREBY GIVEN that the undersigned Master has this
date filed his report and recommendations in the above matter. A
copy of the same is enclosed.
Withln ten days after the mailing of this notice, excep-
tions may be filed by any party to the report or any part there-
of, to rulings on objections to evidence, to statements or
findings of fact, to conclusions of law, or to any other matters
occurring during the hearing.
If no exceptions are filed to the Master's report
the ten-day period, the Court will review the report and,
is approved, will enter a final decree or decrees.
Dated and Mailed:
COPIES TO:
Norma M. 01sen
C00 North Market Street
Mechanicsburg, PA 17055
Joel 0. Sechrist,
568 Old York Road
Etters, PA 17519
Esq.
Robert A. Olsen
299 Bradley Avenue
State College, PA 16801
Bulletin Board
Frothonotary's Office
Cumberland County Courthouse
within
if it
NORMA M. OLSEN,
Plaintiff
ROBERT A. OLSEN,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 763 CIVIL 1991
CIVIL ACTION - LAW
IN ANNULMENT
NOTICE
YOU ARE HEREBY NOTIFIED that
pointed to take testimony and file
Tuesday, August 27, 1991, at 1:30
the undersigned Master ap-
a report thereon has fixed
p.m., at his office at 37
as the time and
at which time and
if you so desire.
South Hanover Street, Carlisle, Pennsylvania,
place for taking testimony in the above case,
place you and your witnesses may appear
Carlisle, Pennsylvania
Dated: July 20, 1991
COPIES TO:
Norma M. Olsen
400 North Market Street
Mechanicsburg, PA 17055
Joel 0. Sechrist,
568 Old York Road
Etters, PA 17319
Esq.
Robert A. 01sen
299 Bradley Avenue
State College, PA 16801
Bulletin Board
Prothonotary's Office
Cumberland County Court House
WesleYMastvrOi~, Jr., ~'.'
NORMA M. 0LSEN,
Plaintiff
ROBERT A0 OLSEN,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION LAW
:
: No. 765 CIVIL 1991
: Action in Annulment
MASTER'S REPORT
TO the Honorable Judges of the said Court:
The Master appointed by Your Honorable Court to take testi-
mony of witnesses and return the same, together with his find-
ings of fact and conclusions of law, respectfully submits the
following report:
I. PROCEDURAL HISTORY OF CASE
1. The Complaint in Annulment was filed on March 7, 1991,
requesting an annulment based upon a natural and incurable
impotency on the part of the defendant at the time of the mar-
riage, and still extant, which condition was not known to plaln-
tiff prior to the marriage.
2. The Complaint was served upon the defendant on March 19,
1991, by certified mail at his residence in State College,
Pennsylvania.
3. On July 8, 1991, J. Wesley Oler, Jr., was appointed
Master in the case.
4. A hearing was held by the Master on August 27, 1991, at
which time the plaintiff and her counsel appeared; neither
defendant nor a representative of defendant appeared. Notice of
the hearing had been sent by ordinary mall to the partles and
plaintiff's counsel on July 20, 1991.
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