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HomeMy WebLinkAbout08-3760TRACEY A. OTT, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OF-3940 C4iJ 7-e,, GLEN E. OTT, Defendant 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 foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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. Cumberland County Bar Association 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (717) 249-3166 TRACEY A. OTT, Plaintiff vs. GLEN E. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 F. 376 v IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements, and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. TRACEY A. OTT, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW NO. O V- -39" Cpl 74-" GLEN E. OTT, ) Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, TRACEY A. OTT, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is TRACEY A. OTT, an adult individual who currently resides at 445 W. Main Street in Walnut Bottom, Cumberland County, Pennsylvania. 2. The Defendant is GLEN E. OTT, an adult individual who currently resides at 20 Motter Drive in Shippensburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 9 May 1992 in Walnut Bottom, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I -IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. Wl L. Ande Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: w 06 - C TRACE OTT +? Q Q V 0 W Ski W C v C7 r-a r r? r - ?. )r r? TRACEY A. OTT, Plaintiff VS. GLEN E. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ) NO. 08-3760 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE The undersigned, Glen E. Ott, does hereby accept service of the Divorce Complaint filed against him in this matter and acknowledges receipt of a certified copy of that Complaint. -L A off Glen E. Ott DATED: 3uA t 30, 210ocp 02 s Y ? f ?l ? / ??t D ,w?., _ TRACEY A. OTT, Plaintiff vs. GLEN E. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3760 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 25 June 2008 and served upon the Defendant on or about 30 June 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. 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 in 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. Section 4904 relating to unworn falsification to authorities. -</Y loq a II& Dated: TRAC A. OTT ALED-o',li ? , -Tt - OF THE F"' I !? TRACEY A. OTT, Plaintiff vs. GLEN E. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3760 IN DIVORCE j AFFIDAVIT OF CONSENT 'I 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 25 June 2008 and served upon the Defendant on or about 30 June 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I 1. I consent to the entry of a final decree in divorce without notice. 2. 1 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. it 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. Section 4904 relating to unsworn falsification to authorities. sY0 p iL 9- Dated: GLEN E. OTT OF i p? 2099 HAY -4 Ili 2: 31 3 TRACEY E. OTT., Plaintiff VS. GLEN E. OTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3760 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: 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). 2. Date and manner of service of the Complaint: Acceptance of Service filed 10 July 2008 indicating service on Defendant of 30 June 2008. 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 Plaintiff: 4 May 2009 by Defendant: 4 May 2009 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Defendant's Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: filed contemporaneously with this Praecipe. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: filed contemporaneously with this praecipe. Date: 4- Msa6 B Sam 06I L. Andes Attorney for Plaintiff FILED--Q13 iC;E nT?py 21,09 MAY -1a P1"1 2= 30 TRACEY E. OTT, V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GLEN E. OTT, NO 08-3760 DIVORCE DECREE AND NOW, /-nft I Z , 2--oQ ? , it is ordered and decreed that TRACEY E. OTT, , plaintiff, and GLEN E. OTT, , 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, t ' ??? ....?? ''? TRACEY A. OTT, ) Plaintiff ) vs. ) GLEN E. OTT, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-3760 IN DIVORCE MOTION TO CORRECT FINAL DECREE AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and moves the court to amend the final decree in divorce in this matter, based upon the following: 1. The moving party herein is the Plaintiff Tracy A. Ott. Her name has been, since the time of her marriage to Defendant, Tracy A. Ott. 2. In the divorce complaint and prior pleadings in this matter, Plaintiff's name was correctly listed. 3. As a result of a typographical error, Plaintiff's name was incorrectly listed as "Tracey E. Ott" on the final decree which was prepared and presented to the court. 4. Plaintiff wishes to have the final decree amended to accurately reflect her lawful name. 5. The Defendant does not oppose the relief requested in this Motion. 6. Prior orders in this case have been issued by the Honorable Kevin A. Hess. WHEREFORE, Plaintiff moves this court to amend and modify its final decree in divorce by entering the decree which is attached to this Motion as the final, amended, decree. Q,? 0 () Samuel L. Andes Attorney for Plaintiff Supreme Court ID# 17225 525 North 12' Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 J . I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unworn falsification to authorities). Date: 11 S LL.A S 2T 0 9 J U 3 1 A i TRACEY A. OTT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 08-3760 CIVIL GLEN E. OTT, ; Defendant IN DIVORCE ORDER AND NOW, this S -, day of August, 2009, with the concurrence of the parties, the divorce decree in this case, dated May 12, 2009, is amended to accurately reflect the name of the plaintiff as TRACEY A. OTT and not TRACEY E. OTT. BY THE COURT, do, Samuel L. Andes, Esquire For the Plaintiff Gel n E. Ott Defendant :rlm P S31 i/0-7 11- ? Kevin . Hess, J. r)f T H! ?A py 2 0 0 9 Allis' -b t'wr ` 318 Cutv!> >- J'a 1 ;r r IN THE COURT OF COMMON PLEAS OF TRACEY A. OTT CUMBERLAND COUNTY, PENNSYLVANIA , V. GLEN E. OTT, NO. 0&3760 AMMM) DIVORCE DECREE AND NOW, Ong, / Z-- , zoo , it is ordered and decreed that TRACEY A. OTT, , plaintiff, and GLEN E. OTT, , 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 Qy the Court, lok Attes • ' J. Prothonotary 0/7/09- C'ciz, Y ,vx t LscL - . -4o Au?, s'