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Home My WebLink About04-5242JEAN M. MOTTER, JOHN F. MOTTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW NO. oq -- IN DIVORCE NOTICE TO DEFI~ND 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 proc~xl without you and a decree of divorce or annulment may be entered against you by the couxt. A judgraent may also be entered against you for any other claim or reliefrequested in these papers by the plaintiff. You may lose money or property or othex fights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable break down o f thc marriage, you may request marriage coun~ling. A list of marriage coullselors is available in the Office of the Prothonotary at: Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 (717) 240-6195 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. Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240420~ JEAN M. MOTTER, JOHN F. MOTTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUIVIBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE COMPLAINT UNDER SECTION 3301(0 OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Jean M. Motter, who currently resides at 1629 North Second Street, Apt. 3, Harrisburg, Dauphin County, Pennsylvania, since September, 2003. 2. Defendant is JohnF. Motter, who currentlyresides at 108 West Green Street, Mechanicsburg, Cumberland County, Pennsylvania, since June, 2003. 3. Both Plaintiff and Defendant have been bona fide residents in the Cormnonwealth for at least six months immediately previous to the filing of this Complaint. 4. 5. 6. 7. request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. Thc Plaintiffand Defendant were married on January 3, 1991 in Winchester, Virginia. There have been no prior actions of divorce or for annulment between the parties. The marriage is irrefri'"'"'"'"~ly broken. Plaintiffhas been advised that courts,.ling is available and that Plaintiffmay have the right to 407 North Froflt St., ll0'st Floor Harrisburg, 1~ 17101) (717) 238-3696 J Supreme Court I.D. 53729 1 VERIFICATION I, Jean M. Motter, Pla'mtiff in the foregoing action, verify that the facts set forth in the attached document are true and correct to the best of my knowledge, information and belief. I so state subject to the penalties of 18 Pa. C. S. §4904 (relating to unswom falsification to authorities). OCTOBER 15, 2004 Date · Mother JEAN M. MOTTER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA .' : CIVIL ACTION - LAW V. : NO. 04-5242 Civil : JOHN F. MOTTER, : IN DIVORCE Defendant : AFFIDAVIT Olt SERVICE PURSUANT TO ,P'A. R. CIV. P. 405 I, Anthony T. McBeth, Esq., attorney for the Plaintiff in the captioned action, hereby swear that I have served the Complaint upon the Defendant in the captJioued action by mail~g a certified copy of same to him addressed as follows: John F. Motter, 105 West Green Street, Mechanicsburg, PA 17055. Said ~ailing was by fi~ class mail, postage prepaid, ,~-~4f,~l, return receipt requested. Said wailing was effected on October 20, 2004. The return receipt, purportedly bearing the signature of John F. Motter, the Defendant, and showing a delivery date of October 21, 2004, is attached t~teto, marked Exhibit "A" and incorporated herein by reference. A~nthony T. Mc~ Esq. - · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addreesed to: 2. Nticre Number 3. e ice Type ~ D~i~ifi~ Mall [] Express Mail stered [] Return Receipt for Merchandise ~ Insu~rr~ Mail [~ C.O.D. 4. Restricted Delivery? (Extra F~e) [] Yes eceipt EXHIBIT "A" COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS: My ex)mmi.~ions expires: COIIIMONWEALTH OF PENI~SYLVANIA I tay Ccxt, mledon ~ June 11.2~,7 Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5242 Civil IN DIVORCE JEAN M. MOTTER, v. JOHN F. MOTTER, Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330l(c) ofthc Divorce Code was filed on October 19,2004. 2. The marriage of plaintiff and defundant 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 divorce. I verifY that the statements made in this affidavit are tme and correct. I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. ~ clt rcJoo5 ate ~~:d~ ~~r. Plaintiff ----------- Sfi~ ..:J' -T1 .-1"' . . c;::. () -r\ - - .' Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5242 Civil IN DIVORCE JEAN M. MOTTER, v. JOHN F. MOTTER, Defendant : WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. 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 d'ecree 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 fulse statements herein are made subject to the penahies of 18 Pa.C.S. ~4904, relating to unsworn fuJsifications to authorities. ~)!~ te ' ^nl~ M. Mottel', Plaintiff 1:::2, \'.') 2:; .:<'h c..n -n rn 0:' I - -.,.' - (,.., (...r' - Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW JEAN M. MOTTER, v. NO. 04-5242 Civil JOHN F. MOTTER, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REOUE:ST ENTRY OF A DIVORCE DECREE UNDER 63301(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 ifl 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 Ililed with the Prothonotary. I verifY that the statements made in this Affidavit are true and correct. I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsifications to authorities. /-).. ';/-0 ~- Date :;;(~/ . Motter', Defendant f"'~.;I c." ~ 'j CJ' -n ~~ i;;:::, , :\ (....-~, (.j.. JEAN M. MOTTER Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-5242 Civil IN DIVORCE JOHN F. MOTTER Defendant AFFIDAVIT OF CONSENT I. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 19,2004. 2. The marriage of plaintiff and defendant is irretrievably lbroken 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 a~ter service of notice of intention to request entry of the divorce. I verifY that the statements made in this affidavit are true and correct. I understand that fulse statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn fulsification to authorities. . ~ 1-) <-/-0.5 Date ..jJj ~~t { .... ()4'." W ~hn F. Motter, ][)efendant r-' r:-:";:.-;J c:.:) cr't '"""t'1 ::::1. f"n " i::P ....'" ----'. - 0) ~r\ - --------- JEAN M. MOTTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 04-5242 Civil IN DIVORCE v. JOHN F. MOTTER, Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 330 I ( c) of the Divorce Code. 2. Date and manner of service of complaint: October 22, 2004 via certified maiI, return receipt requested (substantiated by affidavit of service filed of record). 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff: January 21, 2005 By Defendant: January 24, 2005 4. Related claims pending: None. 5. Date of Waiver of Notice was filed with the Prothonotary: By Plaintiff: Contemporaneously filed herewith this filing, projected to be February 2, 2005. 2, 2005. By Defendant: Contemporaneously filed herewith this filing, projected to be February / / C~l;T.~ Attorney for 407 North Fron t., First Floor Harrisburg, PA 17101 (717) 238-3686 Supreme Court J.D. # 53729 c I~"-" Z:'; 1::,).'\ '-"! w::: 10,-' ::;-.~ ~-"} ""~," -", .. (,.> t...T. :+;:+; :+;:+; :+;:+; Of:+;:+; + +:+; . . . . . .. . . .' .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. .. . .. :+; :+;:+;:+;:+; :+; :+; :+;:+; 'ti;f.~;f. .. .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY JEAN M. MOTTER PEN NA. STATE OF No. 04-5242 Civil VERSUS .. .. .. .. .. JOHN F. MOTTER .. . .. . .. DECREE IN .. .. DIVORCE . .. .. .. .. . .. .. .. .. .. .. .. .. .. .. .. .. F'e.b r'"' ~\ I JEAN M. 2005 , . I AND NOW, , IT IS ORDERED AND MOTTER DECREED THAT , PLAINTIFF, JOHN F. MOTTER AND , DEFENDANT, .. ARE DIVORCED FROM THE BONDS OF MATRIMONY. .. .. .. . .. .. .. .. 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; .. .. .. .. .. .. .. .. .. .. . .. . .. .. .. .. .. .. .. .. .. .. . .. .. . .. .. .. +'i' +:+; 'ti NONE 8nH'COO: ~ 0;;11. AnE t! V-f; (l~! PeOTHo,o"" .. .. :+: "" + 'I' .. .. .. . .. .. .... :+; +.:+; 'f.:+; T. +. + .. .. .. . . .. .. .. . .. .. .. .. .. .. . .. .. . .. .. .. .. J. .. .. .. .. .. .. . .. .. .. .. .. .. . .. . .. . .. .. .. .. .. .. . . . .. .. . .. . .. . .. . .. .. .. .. . .. . .. .. .. .. .. .. . .. . . .. .. . . .. . . . .. . .. . . .. .. +. + +. ",+ 11-1(17 vrJ ,I :1'17 , p1J' 1- ~11.~.~! ~ 1"':{' ?;17 :J /,7;1 :1l.'1 41:11,/ r J , . ' S(J' .t',)t).' t (' ~ ----