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HomeMy WebLinkAbout10-1673JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams©gmail.com Y 2010 MAR ! 0 Alf 9: 07 F ASHLEY L. MUTTERSPAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 10 -1Co?3 Civil Term TERRY L. MUTTERSPAUGH, : CIVIL ACTION - LAW Defendant : 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 ?r (717) 249-3166 7r 3S •O D PC( G?t'FOCI eIW ss77 R- N- dogGQg ASHLEY L. MUTTERSPAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 16 - /6 73 c Civil Term TERRY L. MUTTERSPAUGH, : CIVIL ACTION - LAW Defendant : DIVORCE COMPLAINT IN DIVORCE COUNT I - DIVORCE 1. Plaintiff is Ashley L. Mutterspaugh, a competent adult individual, who resides at 415 McLand Road, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant is Terry L. Mutterspaugh, a competent adult individual, who resides at 125 Meadow Drive, Shippensburg, Franklin County, Pennsylvania, 17257. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September 19, 2009 in Mount Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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 counseling. 7. Plaintiff and Defendant have one child together; namely, Logan Mutterspaugh, born August 28, 2007. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. a 10. The Plaintiff avers that the grounds on which this action is based are: that the marriage is irretrievably broken pursuant to 23 Pa.C.S. §3301(c). WHEREFORE, Plaintiff requests the court to enter a Decree in divorce. COUNT II - CUSTODY 11. Items 1 - 10 are herein incorporated by reference. 12. The parties are the parents of one child, namely, Logan Mutterspaugh, born August 28, 2007. 13. Plaintiff has contemporaneously filed a custody petition under the above- captioned docket number. 14. Plaintiff is requesting a custody Order which provides for shared legal custody and primary physical custody of the minor child. WHEREFORE, Plaintiff is requesting this Honorable Court to enter a custody order regarding the minor child. Respectfully submitted, oate 3 /8'/v ,60e Adams, Esquire I. . No. 79465 West South Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in these interrogatories 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: AZ4??Z? 771-, Ashley L. Fu'fterspaugh, Plaintiff JANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmail.com ---------------------------------------------- PLED-01'FICE )F THE PRt0TH0N11OTARY 2010 MAR 10 AN 9: 07 cum"E" 1aiNTY t"` C v Sr?it.??i'• fV'? ASHLEY L. MUTTERSPAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 66 / 170 Civil Term TERRY L. MUTTERSPAUGH, : CIVIL ACTION - LAW Defendant : DIVORCE AND CUSTODY CUSTODY COMPLAINT 1. Plaintiff is Ashley L. Mutterspaugh, who currently resides at 415 McLand Road, Mount Holly Springs, Cumberland County, Pennsylvania, 17065. 2. Defendant is Terry L. Mutterspaugh, who currently lives at 125 Meadow Drive, Shippensburg, Franklin County, Pennsylvania, 17257. 3. Plaintiff is the Mother of the following child and seeks a custody order regarding the following child: NAME DOB/AGE ADDRESS Logan Muttersbaugh 8/28/07 (2) 415 McLand Road Mount Holly Springs, Pa. 17065 Mother and Father were married on September 19, 2009 and a divorce has been filed under the above-captioned docket number. Mother currently has primary physical custody of the child. During the past five years, the child has resided with the following persons and at the following addresses: NAME ADDRESSES DATES Ashley L. Mutterspaugh 415 McLand Road 12/2/09 - present Halie Hummer (4) Mt. Holly Springs, Pa. 17065 Linda Bixler (grandmother) Mike Bixler (grandfather) Ashley L. Mutterspaugh 125 Meadow Dr. Oct. `08 - 12/2/09 Terry L. Mutterspaugh Shippensburg, Pa. 17257 Halie Hummer (4) Ashley L. Mutterspaugh 415 McLand Road birth - Oct. `08 Terry L. Mutterspaugh Mt. Holly Springs, Pa. 17065 Halie Hummer (4) Linda Bixler (grandmother) Mike Bixler (grandfather) The Mother of the child is Ashley L. Mutterspaugh. She currently resides in Mount Holly Springs with her parents, and her other child, Halie Hummer (age 4). She is married to Defendant. The Father of the child is Terry L. Mutterspaugh. He currently resides at 125 Meadow Drive, Shippensburg, Franklin County, Pennsylvania, 17257. He is married to Plaintiff. 4. The relationship of plaintiff to the children is that of Mother. The plaintiff currently resides with the child, her other child Halie (age 4) and her parents. 5. The relationship of defendant to the children is that of Father. The defendant currently lives alone. 6. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 7. The best interest and permanent welfare of the child will be served by granting the relief requested because: The parties recently separated in December 2009, when Mother left the marital home and moved back in with her parents. Mother is requesting a custody Order which provides for shared legal custody, confirms that she will continue to retain primary physical custody, and provides for specific periods of partial physical custody for Father. 8. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. child. WHEREFORE, Plaintiff requests the court to enter a custody order regarding the oate 318/,d Respectfully submitted, *e Adams, Esquire . No. 79465 7 W. South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF VERIFICATION I verify that the statements made in this Custody Complaint 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: 1 ;2 .a61 ° dAshlleyMufterspaugh, Plaintiff I ASHLEY L. MUTTERSPAUGH IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. TERRY L. MUTTERSPAUGH DEFENDANT 2010-1673 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Tuesday, March 16, 2010 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle Oil Friday, April 23, 2010 at AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, Bv: /s/ Hubert X, Grlro Es g. _ Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SE'T' FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 p-, Y 7 (+ x rn S. I Ca ` lo czr-- Cop fncckkQxc .-?.c? AA+U? W awe S - l CO• l0 /UcYA-% c Q N\.c o. \et? -cb c- ---. cb?l ??o - kf N \9 C-P-8 n 61 -oue - - ASHLEY L. MUTTERSPAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVAIcA V. : NO. 10 - 1673 Civil Term Mm -V M TERRY L. MUTTERSPAUGH, : CIVIL ACTION - LAW Defendant : IN DIVORCE z?. T AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 10, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. 1 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: shley L. u e , laintiff f/k/a Ash ey L. Mutterspaugh WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND §3301(d) OF THE DIVORCE CODE 1. 1 consent to entry of a final decree of 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. 3. 1 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: l Ashley L. H mer, Plaintiff f/k/a Ashley L. Mutterspaugh c o ? m a Z ? ASHLEY L. MUTTERSPAUGH, : IN THE COURT OF COMMON PLEAS 2 0 r Tt c -a Plaintiff : CUMBERLAND COUNTY PENNSYLV A r =s ° V. , : NO. 10 - 1673 Civil Term ?C; s z° TERRY L. MUTTERSPAUGH, : CIVIL ACTION - LAW - Defendant : IN DIVORCE CO `' j AFFIDAVIT OF CONSENT 2010 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on March 10, . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 1 1 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 also 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-,4 , ?ol' rspaugh, UNDER 53301(c) AND 43301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of 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. 3. 1 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: A// T rry . Mukt rspaugh, Defe ant ASHLEY L. MUTTERSPAUGH, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIAN 71 V. : NO. 10 - 1673 Civil Term m .-<> F- c ? C"J TERRY L. MUTTERSPAUGH, CIVIL ACTION - LAW r---_- -,_}C? Defendant : IN DIVORCES c N) PRAECIPE TO TRANSMIT RECORD - TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: via first class mail, return receipt requested, restricted delivery, return receipt signed by Defendant on March 12, 2010. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By' Plaintiff: April 27, 2011 By Defendant: March 26, ?011 4. Related claims pending: None. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: April 29, 2011. 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: April 29, 2011. Respectfully submitted, Date: 4#e Adams, Esquire I.P. No. 79465 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ASHLEY L. MUTTERSPAUGH, V. TERRY L. MUTTERSPAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10 - 1673 CIVIL TERM DIVORCE DECREE TERRY L. MUTTERSPAUGH, , defendant, are divorced from the AND NOW, M M 10 , 1011_, it is ordered and decreed that ASHLEY L. MUTTERSPAUGH, , plaintiff, and 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, Attest: Prothonotary C #"a, a -? a'? ? SI t d /N - 8r-I•. ? "led 4, ?1041 ce a Cori old