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HomeMy WebLinkAbout01-1900KENNETH R. McPHERSON, Plaintiff vs. SUSAN M. McPHERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. O,- /900 CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RI~HTS 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 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ~LIMONY, 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 YO~ LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO THE OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHEI~ YOU CAN GET LEGAL HELP. Cumberland County Bar Association Two Liberty A~mnue Carlisle, PA 17013 (717) 249-3166 KENNETH R. McPHERSON, Plaintiff vs. SUSAN M. McPHERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVTLNIA : No. : : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOR USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas sigientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede se emitido en su contra por la Corte. %~a decision puede tambien se emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades, o otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejoi matrimonial. Una lista de consejeros imatrimoniales esta disponible en la oficina del Prothonotario, en la Cumberland County Courthouse, Carlisle, Pennsylvania. SI USTED NO RECLAM_A PENSION ALIMENTICIA, PROPIEDAD M3kRITAL, HONORARIOS DE ABOGADO 00TROS GASTOS ENTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SE EMITIDO, USTED PUEDE PERDER EL DERECH0 A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE ?.T.~.VAR ESTE PAPEL A UN ABOGADO DE II~4EDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOC4~O, VAYA O ?.?~ME A LA OFICIHA INDICADA ABAJO PARA AVERIGUAR DONDE Pt~.~DE OBTENER ASISTENCIA LEGAL. Cumberland County BarAssociation Two Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KENNETH R. McPHERSON, JR., Plaintiff VS. SUSAN M. McPHERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUN]BERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301 (a), 3301 (c) or 3301 (d) OF THE DIVORCE GOD~ The Plaintiff, Kenneth R. McPherson, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Kenneth R. McPherson, is an adult individual who currently resides at 52 N. 8th Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. The Defendant, Susan M. McPherson, is an adult individual who currently resides at 167 Cedar Lane, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Plaintiff is a bona fide resident of the Commonwealth of Pennsylvania and has been for at least six months immediately prior to the filing of this Complaint. CO~T I- DIV_ORCE 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on August 22, 1997, at Lemoyne, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment between the parties. 8. available The marriage is irretrievably broken. The Plaintiff has been advised that counseling is and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. 10. There are no minor children to the marriage. WHEREFORE, the Plaintiff, Kenneth R. McPherson, requests this Honorable matter. respectfully Court to enter a decree of divorce in this COUNT II - INDIGNITIES 11. reference. 12. 13. Paragraphs one through ten are incorporated herein by Plaintiff is the innocent and injured spouse. Plaintiff would aver that Defendant, in violation of her marriage vows Pennsylvania, has make Plaintiff's burdensome. and in violation of the laws of the Commonwealth of offered such indignities unto Plaintiff as to condition intolerable and Plaintiff's life WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree in divorce, divorcing Plaintiff and Defendant. Date: Respectfully submitted, ~arl~n L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 KENNETH R. McPHERSON, JR., : Plaintiff : : VS. : : SUSAN M. McPHERSON, : Defendant : IN THE COURT OF COMMON PLEAS OF CU~ERIJkND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE I verify that the statements made in this Complaint are tru~ 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. Signature:~~ ~ 1' Kenneth R. McPhersof~ KENNETH R. McPHERSON, JR., : Plaintiff : : vs. : : SUS~tN M. McPHERSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUmbERLAND COUNTY, PENNSYLVANIA NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDAVIT WITHIN TWENTY (20) DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301(d.) OF THE DIVORCE COn~ 1. The parties to this action separated on or about April 22, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. falsification to authorities. DATE:.~/~/ C.S. ~ 4904 relating to unsworn Kenneth'Rl'McPherson Sworn to and subscribed to before me this ~i day of ~22/~- , 2001 KENNETH R. McPHERSON, Plaintiff VS. SUSA-NM. McPHERSON, Defendant JRof IN THE COURT OF COMMON PLEAS OF CU~BERLAND COUNTY, PENNSYLVANIA NO. 01-1900 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER ~ 3301 (d) OF THE D].~OR~E QODF, 1. Check either (a) or (b): ~ (a) [] (b) I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because: Check (i), (ii), or both: [] (i) The parties to this action have not lived separate and apart for a period of at least two years. [] (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ~ (a) I do not wish to make any olaims for economic relief. 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. [] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must Also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divroce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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 aut~rities. Date: ~ -d~0 ~0~ / Signature:. ' SUSAN M. MCPHERSON KENNETH R. McPHERSON, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUmbERLAND COUNTY, PENNSYLVANIA : vs. : No. 01- I~O0 £"~"1 : SUSAN M. McPHERSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICe. TO THE PROTHONOTARY: I, Marlin L. Markley, Esquire, verify that the Complaint in Divorce has been served upon the Defendant indicated above by first class, Certified Mail No. Z 353 364 617, postage prepaid, return receipt requested, pursuant to the requirements of Pa. R.C.P. 1930.4. I ~ w~s~ to receive followln~ sen~,ces (for sn extra fee): 1. [] ~dre~see's Address 2,~ Reetrlcted Delivery Consult po~tmaeter for fee, 4a. Arltcle Number z &t7 4b. S®n~c~ Ty~e [] ReglstenKI ~ Cerl~ed [] RetumRec~ptforMerctmnd~e ~ COD 7. Date of Delivery 5. Received By: (P~fnt Na,7~) 8. Addreseee'. Addres~ (Only ff reque~ed 1025~-97-~0179 Domestic eturn Receipt Date: 4 Respectfully submitted, Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 KENNETH R. McPHERSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. SUSAN M. McPHERSON, : Defendant : CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY: I, Marlin L. Marktey, AFFIDAVIT OF SERVI~ Esquire, verify that the Notice of Intention to File Praecipe to Transmit Record has been served upon the Defendant indicated above by first class, Certified Mail No. Z 353 364 635, postage prepaid, return receipt requested, pursuant to the requirements of Pa. R.C.P. 1930.4. SENDER: delivered. 3. Articre Add,=o=ed to: 5. Received B?: (Pfin, t I~ame) .~ . -~ 6. Sj~ture (Addressee orAgenJ,~,/ -- ~ F~r~ ~J81~1, December 1994 I also wish to receive the follow- ing services (for an extra fee): 1. [] Addressee's Address 4a. Article Number 4b. Service Type _ _ ~ [2] Registered ~' [] Express Mail [] Return Receipt forMerchandise ~]COD 7. Data of Delivery 8. Addressee's Address (Only if requested and fee is paid) ~02595 99.B-0223 Domestic Return Receipt Date: Respectfully submitted, Marlin 4. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 KENNETH R. McPHERSON, JR., : Plaintiff : : vs. : No. 01 - 1900 : SUSAN M. McPHERSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PRAECIPE TO WITHDRAW COUNT~ TO THE PROTHONOTARY: Kindly withdraw Count II - Indignities in the above referenced divorce as the issues have been settled. Respectfully submitted, Date: Marlin L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 KEN1TETH R. McPHERSON, JR., Plaintiff VS. SUS~/~M. McPHERSON, Defendant IN THE COURT OF CC~MON PLEAS OF CU~ERL~ COUNTY, PENNSYLVANIA No. 01-1900 CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DE~.~ Susan M. McPherson, Defendant 3485 Valley Road Marysville, PA 17053 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after the 5th day of June 2001, the other party can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date, or the court may grant the divorce and you will lose forever the riqht to ask for economic relief. The filing of the attached form' counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YO[~ LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ()NE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL Cumberland County BarAssociation Two Liberty A~mnue Carlisle, PA ].7013 (717) 249-31~56 KENNETH R. McPHERSON, JR., Plaintiff vs. SUSAN M. McPHERSON, Defendant IN THE COURT OF CO~R~ON PLF~ OF CUMBERI2%ND COUNTY, PEN-NSYLVANIA No.. 01-1900 CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDAVIT UNDER ~ 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): [] (a) [] (b) I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because: Check (i), (ii), or both: [] (i) The parties to this action have not lived separate and apart for a period of at least two years. [] (ii) The marriage is not irretrievably broken. Check either (a) or (b): [] (a) I do not wish to make any claims for economic relief. 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. [] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I understand that in addition to checking (b) above, I must Also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divroce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-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: Signature: SUSAN M. MCPHERSON ~, xu~ sHOULD NOT FILE THIS CO~TER-AFFIDAVIT KENNETH R. McPHERSON, JR., Plaintiff vs. SUSAN M. McPHERSON, Defendant No. ~l-/9dd CIVIL ACTION IN DIVORCE IN THE COURT OF CC~MON PLEAS OF CUmbERLAND COUNTy, PENNSYLVANIA NOTICE TO THE DEFENDANT IF YOU WISH TO DENY ANY OF THE STATEMENTS SET ~RT~ I~THIS AFFIDAVIT, YOU MUST FILE A COUNTERAFFIDAVIT WITHIN TWENTY (20) DAYS i~ER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. A~FIDAVIT UNDER SECTION 3301{d) OF THE DIVORCE CODE 1. The parties to this action separated on or about April 22, 1999, and have continued to live separate and apart for a period of at least two years. 3. division of property, lawyer's fees or expenses if I do them before a divorce is granted. I verify that the statements made in this affidavit and correct. I understand that subject to the penalties of 18 falsification to authorities. The marr%age is irretrievably broken. I understand that I may lose rights concerning alimony, ! not claim! are true false statements herein are made~ Pa. C.S. § 4904 relating to unsworn DATE:~/ KennethRi'McPherson Sworn to and subscribed to before me this ~?~ day of _~)~_ , 2001 KENNETH R. McPHERSON, JR., : Plaintiff : : VS. : : SUSAN M. McPHERSON, : Defendant : IN THE COURT OF COMMON PLEAS OF CUmbERLAND COUNTY, PENNSYLVD~NIA CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO ].~J~NSMIT RECORD Plaintiff's SS# 184-48-7520 To the Prothonotary: Defendant's SS# 207-44-6901 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(d) (1)of the Divorce Code. 2. Date and Manner of service of the Complaint: Complaint served via First Class Mailf Acceptance of service document siqned by defendant on April 16, 2001. 3. (m) Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce Code: by the Plaintiff ; by the Defendant (b)(1) Date of execution of the affidavit required by §3301(d) of the Divorc? C~de: May 3, 2001; (2) Date of filing and service of the plaintiff's affidaw[t upon the respondent: June 1, 2001. 4. Related claims pending: No claims were raised. 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: June if 2001. (b) Date Plaintiff's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: ; Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the prothonotary: Date: Respectfully submitted: Marli~n L. Markley, Esquire Law Offices of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of KAnn~hh R. MPPh~r~nn~ Jr., Plaintiff VERSUS Susan M. McPherson, Defendant PENNA. N O. 01-1900 Civil DECrEe IN DIVORCE AND NOW, ~, /~ ,~/ / / Kenneth R. McPherson, Jr. DECREED THAT AND Susan M. McPherson, ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION FOr WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; No claims were raised. BY THE COURT: PROTHONOTARY + + + ++ ++ + + + + + + + + + ++ +++ ++ +++