Loading...
HomeMy WebLinkAbout09-0523KATHY A. MYERS, Plaintiff V. JOHN R. MYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: d j- SG-3 l'i v/ l T.l r? 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 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 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'S FEES OR EXPENSES BEFORK 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 St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 KATHY A. MYERS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: o4- 6 23 ( t. a ? JOHN R. MYERS, JR., CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT 1. Plaintiff is Kathy A. Myers, who currently resides at 900 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is John R. Myers, Jr., who currently resides at 900 North Pitt Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 24, 2005. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c), and §3301(d) in that: The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 8. Plaintiff does not request counseling, pursuant to §§3301(c) and 3301(d) of the Divorce Code. } 9. The Plaintiff in this action is not a member of the Armed forces. WII?REFORE, the Plaintiff requests the Court to enter a decree of Divorce. Respectfully submitted, Date: "; `? ` O Andrew H. Shaw, squire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717)243-7872 facsimile Attorney for Plaintiff C? r- =?1 r.: c-7 r 7l w N (7D KATHY A. MYERS, Plaintiff V. JOHN R. MYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-523 CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I, Andrew H. Shaw, Counsel for the Plaintiff, Kathy A. Myers, hereby certify that a true and correct copy of the Divorce Complaint in the above captioned case was served upon Defendant via personal service on February 6, 2009. A copy of the Acceptance of Service is attached. Date: ( PA Sup. Ct. ID Num. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 Counsel for Plaintiff KATHY A. MYERS, Plaintiff V. JOHN R. MYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-523 CIVIL, ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, John R. Myers, Jr., hereby accept service of the Divorce Complaint. Date: la' 0 7 %?n TAn R. Myer J ., Defendant F1LED- -.;;4 Of: !CE OF THE FROT, Hn, "JTARY 2009 MAY -8 PAR 2: 10" CUh4 : . iti KATHY A. MYERS, Plaintiff V. JOHN R. MYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-523 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on February 2, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 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 unworn falsification to authorities. Dated: - (3 Kathy . Myer g, Plaintiff RLED-OF !CE OF THE PRIG i nNnTARY 2009 MAY -8 PH 2= 16 CUPS N Y. PIENNSIXVAI? KATHY A. MYERS, Plaintiff V. JOHN R. MYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-523 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(Q 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. Section 4904 relating to unsworn falsification to authorities. DATE: S Kathy A. Myer l, Plaintiff OF THE PP f ;' I.OI 1AR.[ 2009 MAY -8 PH 2: 16 CU??' 'vi4ti ? KATHY A. MYERS, Plaintiff V. JOHN R. MYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-523 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301 (c) of the Divorce Code was filed on February 2, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. 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. Dated: ohn R. s, J ., efendant r `AC 2009 MAY -8 PM 2: l r- ?lfF?' wt ' PEV?SYLV KATHY A. MYERS, Plaintiff V. JOHN R. MYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-523 CIVIL ACTION - LAW IN DIVORCE 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 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 unsworn falsification to authorities. DATE: - - 0 ohn R. , r., Defendant FILED-40,= CE - OF THE' PPCT' ;,r%N1 ?TAP.Y 2009 MAY -8 PH 2: 16 4+?i?f ? ? f Y t?. KATHY A. MYERS, Plaintiff V. JOHN R. MYERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 09-523 CIVIL ACTION - LAW 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 §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Personal service on February 6, 2009. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff on May 8, 2009; by Defendant on May 8, 2009; 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary's Office: May 8, 2009. Date Defendant's Waiver of Notice was filed with the Prothonotary's Office: May 8, 2009 Date: S (> By: w H. aw, Esquire Attorney I.D. # 87371 200 Spring Garden Street, Ste. 11 Carlisle, PA 17013 Attorney for Plaintiff CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Praecipe To Transmit Record, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: John R. Myers, Jr. 900 North Pitt St. Carlisle, PA 17013 Defendant Date: An r e w H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff t?++?, T ALED-s "F ?UE A Rv 2009 MAY --8 Pil 2: 18 laid;?.? w ?i? v f KATHY A. MYERS V. JOHN R. MYERS, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 09-523 DIVORCE DECREE AND NOW, jMX4 Zoo j , it is ordered and decreed that KATHY A. MYERS plaintiff, and JOHN R. MYERS, JR. , 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 p By the Court, ` /41, 2?: 4 zr?