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HomeMy WebLinkAbout04-0459MICHAEL C. MESSMER, Plaintiff V. OLIVE M. MESSMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. qcS ' CIVIL TERM 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 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 fights 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage ~i°oUUnsSee. le0,r~s.~:so~a~vailva~b, le in thy .Off~,~.e o~e ,P. rot. ho. notary at the Cumberland County Court ~, ,-.,~,,os,. ~ou are anvlsea tlmt this list is ~cept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR 36 --E..P~i, S~ 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717)249-3166 M~. ~M/(e ~ismer MICHAEL C. MESSMER, Plaintiff V. OLIVE M. MESSMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O q- 5/ffq CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT 1. Plaintiff Michael C. Messmer is an adult individual residing at 746 Allenview Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant Olive M. Messmer is an adult individual residing at 905 Norwood Street, Harrisburg, Dauphin County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least (6) months immediately previous to the filing of this Complaint. 4. The Plaintiffand Defendant were lawfully joined in marriage on October 10, 1981 in Bridgeville, Allegheny County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiffavers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the fight to request that the Court require the parties to participate in counseling. 9. The parties have resolved all economic issues of their mandage in the form of a written property settlement agreement. 10. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Michael C. Messmer requests this Court to enter a Decree of Divorce, divorcing the Plaintiff from the bonds of matrimony. Michael C. Messmer Date: February 4, 2004 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of'lB Pa. C.S. Section 4904 relating to unswom falsifications to authorities. Michael C. Messmer Date: February 4, 2004 MICHAEL C. MESSMER, Plaimiff OLIVE M. MESSMER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. o Y - 'r',5'~ CIVIL TERM : : CIVIL ACTION - LAW : 1N DIVORCE AFFIDAVIT MICHAEL C. MESSMER 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 my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree begin handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom falsification to authorities. Michael C. Messmer, Plaintiff Date: February 4, 2004 MICHAEL C. MESSMER, Plaintiff OLIVE M. MESSMER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 04-459 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) Michael C. Messmer, being duly sworn according to law deposes and says: that he is the Plaintiff in the above-captioned action in divorce; that on February 18, 2004 he did send to Defendant Olive M. Messmer by certified mail, remm receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the receipt for Certified Mail No. 7003 3110 0000 7776 5034; that the Complaint was duly received by the Defendant, as evidenced by the remm receipt card for said certified mail on February 18, 2004; that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit A"; and that the foregoing facts are true and correct to the best of his knowledge, information and behef. )/7/.ff~//~,.~ ~,. MichaeIC. Me Sworn to and subscribed before me This ~ ~' day of/Da rc &_ ,2004 Notary Public R. Madara, Notary ~ I r~ EXHIBIT A MICHAEL C. MESSMER, Plaintiff OLIVE M. MESSMER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-.5~~ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 4, 2004. 2. The marriage of the Plaintiffand the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 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:/C/a ZoO 7 Sworn to and subscribed before me This ~ day of ~, 2004 Michael C. Messmer, Plaintiff (~OMMONWEALTEI OF PENNSYLVANIA Notarial Seal Jennifer N. Grove, Notary Public Silver Spfi~gTwp. Cumberland Coanty My Commission Expires Jan. 28, 2008 MICHAEL C. MESSMER, Plaintiff V. OLIVE M. MESSMER, Defendant : IN THE COURT O17 COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA i NO. C VIL TEP : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO 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 fights concerning alirnony, 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 diw3rce 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. 4. I verify that the statements made in this affidavit ~tre 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. Sworn to and subscribed before me This oTa~t day of D2a~ , 2004 Notary Public ~ '~q~, Cur~b~i,~ ~, / Michael (2. Messmer, P)~intiff MICHAEL C. MESSMER, Plaintiff OLIVE M. MESSMER, Defendant : 1N THE COURT O17 COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : qSV : NO. 04449 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on February 4, 2004. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry ora final decree of divoree after service of notice of intention to request entry of the decree 4. 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. Sworn to and subscribed before me This DC) day of b40-~ , 2004 'X~ Not,Public Olive M. Messme(ff,, ~fendant -COMMONWEALTH OF PENNSYLVANL~. Notar al Seal Jennifer N. Grove, Notary Public Silver Spring Twp., Cumberland County My Commission Expires Jau ?~: ~an~ MICHAEL C. MESSMER, Plaintiff V. OLIVE M. MESSMER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA i NO. 04. civil : : CIVIL ACTION - LAW : IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. I consent to the enlxy ofa fmai decree of divorce 'without notice. 2. 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. 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. 4. 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:. 3 ~t~/ Olive M. Messn~er, Defendant Sworn to and subscribed before me This C~ day of 0'~CLt4,2004 "~" - N~'y-Public COMMONWEAi~rH OF PENNSYLVANIA Notarial Seal Jennifer N. Grove, Notary Public Silver Spring Twp., Cum berland County My Commission ~xpires Jan. 28, 2008 MICHAEL C. MESSMER, Plaintiff OLIVE M. MESSMER, Defendant : IN THE COURT O17 COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-~~' CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by certified mail, restricted delivery on Defendant on February 18, 2004. See Affidavit of Service filed March 8, 2004. 3. Date of Execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plantiff.' May 20, 2004; by the Defendant: May 20, 2004. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff.- May 20, 2004; by the Defendant: May 20, 2004. 5. Related pending Claims: None. Michael C. Messmer, Plaintiff ~ IN THE COURT Of COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~~ PENNA. MTC~T4A~T. ~_ N?~SSM]~I;, PLAINTIFF VERSUS OLIVE M. MESSMER. DEFENDANT NO. 04-459 DECREE IN{ DIVORCE DECREED THAT MICHAEL C. MESSMER AND OLIVE M. MESSMER ARE DIVORCED FROM THE bONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, None. ATTEST: 7~~rOt~ j. DNOTARY THE COURT RETAINS JURISDICTION OF THE FOI-LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN this ACTION FOR WHICH A FINAL ORDER haS NOT YET BEEN ENTERED;