HomeMy WebLinkAbout04-6368MORRIS H. METZGER, JR., IN THE COURT OF COMMON PLEAS OF
Plaintiff
CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
2004- (o3L CIVIL TERM
LORETTA L. METZGER,
Defendant IN DIVORCE
NOTICE
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 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 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, Carlisle, Pennsylvania 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, Pennsylvania 17013
717-249-3166
1-800-990-9108
AMERICANS WITH DISABILITIES
ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities 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.
2
MORRIS H. METZGER, JR.,
Plaintiff
V.
LORETTA L. METZGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2004-1.3LP CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c)
OF THE DIVORCE CODE
NOW comes the plaintiff, Morris H. Metzger, Jr., by his attorney, Marcus A. McKnight, III,
Esquire, and files this complaint in divorce against the defendant, Loretta L. Metzger,
representing as follows:
1.
The plaintiff is Morris H. Metzger, Jr., an adult individual whose current mailing address is P. O.
Box 221, Carlisle, Pennsylvania 17013.
2.
The defendant is Loretta L. Metzger, an adult individual residing at 27 Oak Hill Road, Carlisle,
Pennsylvania 17013.
3.
The defendant has been a resident of the Commonwealth of Pennsylvania at least six months
prior to the filing of this action in divorce.
4.
The plaintiff and the defendant were married on October 28, 2000 in Carlisle, Pennsylvania, and
separated on March 21, 2004.
3
5.
There have been no prior actions of divorce or for annulment between the parties.
6.
There were no children born tot his marriage.
7.
Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this
action is based that the marriage between the parties is irretrievably broken.
8.
The plaintiff avers that he has been advised of the availability of counseling and that said party
has the right to request that the court require the parties to participate in counseling.
parties.
WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two
Respectfully submitted,
IRWIN
By:? F
M cus it, III, Esquire
A or y for Plain f,
orris H. Metzg , Jr.
t Pomfret Profess onal Building
60 a omfret Sti4et
Carlisle, Pennsylvania 17013-3222
(717) 249-2353
Supreme Court I.D. No. 25476
r? I-
Date: December 1 ! "2004
4
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
ORRIS H. METZGER, JR.
Date:/.? r J-may
c
MORRIS H. METZGER, JR.,
Plaintiff
v.
LORETTA L. METZGER,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2004- CIVIL TERM
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that I
may request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unworn falsification to authorities.
Date: December 11'2 , 2004
MORRIS H. METZGER, JR.
5
4
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t_ I raj
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pTJ ??i l:
MORRIS H. METZGER, JR.,
Plaintiff
V.
LORETTA L. METZGER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2004-6368 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i)
COMMONWEALTH OF PENNSYLVANIA
. SS:
COUNTY OF CUMBERLAND
NOW, Marcus A. McKnight, III, Esquire, being dully sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon the defendant,
Loretta L. Metzger, on December 22, 2004, by certified, restricted delivery mail, addressed to her
at 27 Oak Hill Road, Carlisle, Pennsylvania 17013, with Return Receipt Number 7003 3110
0004 5770 5797.
3. That the said receipt for certified mail is signed and. attached hereto and made a part
hereof.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penaltie If 18 f %-. S. Section 4904, relating to
unsworn falsification to authorities. ^ 17
for
HT, III, ESQUIRE
Date: December 27, 2004
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(Domestic Mail Only; No Insurance Coverage Provided)
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MORRIS H. METZGER., JR.,
Plaintiff
V.
LORETTA L. METZGER,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
STATEMENT OF INTENTION TO PROCEED
TO THE COURT:
Plaintiff intends to proceed with the above-captioned matter.
By:
CIVIL ACTION - LAW
2004-6368 CIVIL TERM
IN DIVORCE
Respectfully submitted,
IRWIN &
Marcus A. NI?KnighL
Supreme Coutt I.D. No
60 West Pomfret Street
Carlisle, PA 17013
(717) 249-2353
76
Date: November 1, 2007
1 --3 r-r-;
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~~jj~~ ~~IL~D-t~~i 6CE
MORRIS H. METZGER, JR, PLAINTFF~`' ~~~~,7~O~JT~""~~
vs ~~~~ ~~ ~ ~~ ~ ~~ ~~CaseNo.
"~J~°~Be'~~ '~,~'~ C~3~i'3 s'
LORETTA L. METZGER, DEFENDANT ~~ia~.~~~..~d~~~~~
Statement of Intention to Proceed
To the Court:
2004-6368 CIVIL TERM
MORRIS H. METZGER, JR. , PLAINTIFF intends to prose 'th the abov aptioned matter.
PrintNameMARCUS A. McKNIGHT, III Sign Name ~ v
Date: OCTOBER 22, 2010 Attorney for MORRIS H. METZGER, JR. , PLAINTIFF
Explanatory Comment
The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of
inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit
comment.
I. Rule of civil Procedure
New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the
scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously
governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is
tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting
local rules.
This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d
1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required
before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901."
Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The
general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable.
II Inactive Cases
The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the
court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties.
If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of
course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she
will file a notice of intention to proceed and the action shall continue.
a. Where the action has been terminated
If the action is terminated when a party believes that it should not have been terminated, that party may proceed
under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination
of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file
the notice of intention to proceed.
The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of
the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and
reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff
must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or
legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of
temtination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2).
B. Where the action has not been terminated
An action which has not been temunated but which continues upon the filing of a notice of intention to proceed may
have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a
common law non pros which exits independently of termination under Rule 230.2.
f I4 FEB 27 PM 3: 53
MORRIS H. METZGER,JR., : IN THE COURT OF CO i ; Pa g a .r.
Plaintiff : CUMBERLAND COUN' .' ! IA
v. CIVIL ACTION - LAW
2004-6368 CIVIL TERM
LORETTA L. METZGER,
Defendant IN DIVORCE
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) or 3301(d) of the Divorce Code was filed on
December 20, 2004.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed
from the date of the filing of the complaint.
3. I consent to the entry of a final decree in divorce.
4. 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 made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn
falsification to authorities.
Date: / I 9
1 LO TTA L. j TZG'%
Defendant
Ili_ Fit: I'
2014 FEB 27 PH 3. 53
MORRIS H. METZGER,JR., : IN THE COURT OF COMMON coati l Y
Plaintiff : CUMBERLAND COUNTY, PENNSVh( A 4I
v. CIVIL ACTION - LAW
2004-6368 CIVIL TERM
LORETTA L. METZGER,
Defendant • 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 made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
Date: / ,l>/5/ i.' i.Z �✓i
L 1 ' TTA L. METZ ER
Defendant