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Home My WebLink About05-3334 James A. Martin Plaintiff vs. ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYL VANIA ) CIVIL ACTION - LAW iNO. ()~ - :n3l/ (},'ui( Y92..."'1 ) ) Catherine A. Martin, Defendant 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 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 Cumberland County Courthouse, Carlisle, Pennsylvania, Room No. 100. 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 YO 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 2 Liberty Avenue Carlisle, P A 17013 (717) 243-3166 or (800) 990-9108 James A. Martin Plaintiff vs. ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYL VANIA ) CIVIL ACTION - LAW i No. O~ - ~ 3JL/ (JL~;L. ~ n !:">'l ) ) Catherine A. Martin, Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW COMES the above-named Plaintiff, who seeks to obtain a Decree in Divorce from the above- named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE 1. Plaintiff is James A. Martin, who currently resides at 714 Hamilton Avenue, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania since October 1999. 2. Defendant is Catherine A. Martin, who currently resides at 225 West Coover Street, Apt. 2, Mechanicsburg, PA 17055, Cumberland County, Pennsylvania since April 2005. 3. James A. Martin and Catherine A. Martin have been bona fide residents in the Commonwealth for at least six months immediately previous the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 2, 1999 in Camp Hill, Cumberland County, Pennsylvania. 5. 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. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there are no children of the parties under the age of 18. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted, {{ a,mv Ci, 14 Mmes A. Martin Plaintiff 717 - 79J-"" 8'tio'i RECEIPT OF SERVICE This signature acknowledges receipt of service of the attached Complaint, which was hand delivered to Catherine A. Martin on June ~ q , 2005. ~~A,j'\1~ Catherine A. Martin, Defendant CERTIFICATE OF SERVICE I, JamesA. Martin, representing myself, state that, pursuant to Rule 412, Title 42, P.R.C.P. a copy of the Complaint under Section 330 I C of the Divorce Code was hand delivered to Defendant, Catherine A. Martin on June ~ '1 f~ . 2005, at the following address: Catherine A. Martin 225 West Coover Street, Apt 2 Mechanicsburg. PA 17055 BY:~IJIV? vi- IAa..t ames A. Martin, plaintiff 0 ....., "", ~ 7V "'<;;l. c = g en 1=1- ...... -r)(V '- ~:!J ...0 f.!lf'n c:: 9- z:.:u :;;z::. .- ZC' c..> -on' <r.l~:: :OCJ - <=> S'h 6" B ?n <-- -"1:1-.. ~ ;P'r) "". (')",,_1 Z ~.~ ::It -~rC J ~ J?U \.g Ort"l C l(, Z --I '-C: -'] e)1 ~55 -< (f'* -< ~ p vs. ) IN THE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) CIVIL ACTION - LAW ) ) No. 2005-03334 ) ) James A. Martin Plaintiff Catherine A. Martin, Defendant RECEIPT OF SERVICE This signature acknowledges receipt of service of the attached Complaint, which was hand delivered on June 29, 2005. r~~ /A, nt0.4:.- Catherine A. Martin, Defendant (1 ,.., q, c:: ~ ~ Gf' ~:i1 ';~'-' ~ ......,.:trl.. r(i,"'-' ~ -Z.~,:. -ohl -/' - :<)~ V< u:> (~-?, :.:..(,,' ~;i;' 'P' (5:J.l ::s: _..,c") /;--~rn - ~ PC:, -- :z "ji:. <.J' & u:> - James A. Martin Plaintiff VS. ) IN TIlE COURT OF COMMON PLEAS ) CUMBERLAND COUNTY, PENNSYLVANIA ) CIVIL ACTION - LAW ) ) No. 2005-03334 ) ) Catherine A. Martin, Defendant CERTIFICATE OF SERVICE I, James A. Martin, representing myself, state that, pursuant to Rule 412, Title 42, P .R.C.P. a copy of the Complaint under Section 3301 @ofthe Divorce Code was h:and delivered to Defendant, Catherine A. Martin on June 29, 2005, at the following address: Catherine A. Martin 225 West Coover Street, Apt. 2 Mechanicsburg, PA 17055 BY: 4, ames A. Martin, Plaintiff " () ~ ~fF ".,. o ~r~ ~~.7~';' z =~ ,....., = = en ;I> C G"';l o " :r rn:D r- egS ~~(S ,;r:=f, :,;26 Om ~ l> CD -< ..0 :::::n ~ (J1 <.D Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. MARTIN Plaintiff, No. 05-3334 Civil Term v. Civil Action - Divorce CATHERINE A. MARTIN Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed And served on June 29, 2005 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90) 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. g4904 relating to unsworn falsification to authorities. Date: II /eJ7/if , ~ q, Ikr:t J s A. Martm, PlamtIff I'-> 0 = r-=> ., W' :::E-: :::;l C) ~---n -- nl?~ -;'1lf1 I -~jO -.0 CJc, ~-~~. ..." ,~~~ ~~ " t:' r:-? 6m -I 7 ". :::'~l ~.o > -< -, CO Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. MARTIN Plaintiff, No. 05-3334 Civil Tenn v. Civil Action - Divorce CATHERINE A. MARTIN Defendant AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 330 I (c) ofthe Divorce Code was filed And served on June 29, 2005 2. The marriage of plaintiff and defendant is irretrievably broken, and ninety (90) 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. Date: /1/07/06 I t ~~"A. mtV\f~ Catherine A. Martin, Defend t (} S;,; r,::g, C';:> <-~ -',Y Q \ ,-0 o -" .-\ ::r:-f"\ (i"\2: -:J \11 ~'J'-.,J ;.) .1-" :::1~(., ~'" --"!~ (~~,fA c..J ~_A J6 -:4 -.:> --',~ ~- ~? - cP ---_.~_._-- i'-'" ( ~~ >.~ -" -( Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. MARTIN Plaintiff, No. 05-3334 Civil Tenn v. Civil Action - Divorce CATHERINE A. MARTIN Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF mE 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. 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. Section 4904 relating to unsworn falsification to authorities. Date: 1110110.> . r ~ (1, IJJ J s A. Martm, Plamttff Cl ......, c: c::::. 0 C;~ ;;--~. "" -n ,',- T .... 0 :T:-y; -< rnp I -oiTl \.D /~Y '_"~ ~ "~~';- ~~ ::!J . .. C) c ~ 6 rn ~3 ::-,-1 4J c.o '< Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. MARTIN Plaintiff, No. 05-3334 Civil Tenn v. Civil Action - Divorce CATHERINE A. MARTIN Defendant W AlVER OF NOTICE OF INTENTION TO REQUEST 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 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: Ii/D1/05 ~~,4,~ Catherine A. Martin, Defendan o c::~ ,....> = c~ '-" J~ S2 \ u:> q., .-1 :l.- -II p1 ~;:::. .-o;1\:D. ;.,Y. ,..-,C) ..~~ ~ -n :::;: t:'? -- c:P ------ -~---------- I . Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA JAMES A. MARTIN Plaintiff, No. 05-3334 Civil Tenn v. Civil Action - Divorce CATHERINE A. MARTIN Defendant PRAECIPE TO TRANSMIT THE RECORD To The Prothonotary: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: I. Ground for divorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d)(1) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Service on June 29, 2005 via Acceptance of Service signed by defendant 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiff November 7. 2005 by defendant November 7. 2005. (b) (1) Date of execution of the plaintiffs affidavit required by Section 330 I (d) of the Divorce Code: Nt A ; (2) date of service of the Plaintiffs affidavit upon the Defendant: Nt A . I 4. Complete the appropriate paragraph(s). (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: There are no outstanding claims. all claims settled by agreement of the parties. (d) State whether any agreement is to be incorporated into the Decree. NONE. If so, attach a true and correct copy of the fully executed agreement: (e) Has a request for counseling been made by either party? : No. If so, has the counseling been completed?: NtA. 5. I certify that the notice required by Rule I 920.42(e) was mailed on: Waived by both parties by Wavier of Notice executed on November 7, 2005 and a copy thereof is attached. LEE E. OESTE Lee E. Oesterling, Attorney I.D. #71320 Attorney for Plaintiff 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 G,LLC .-> ~~) <f' ;;;.::; o """ \ u:> o .." .-1 ::C-n p1r~"; -'OIJ::'~ ;~~\ '_-1"1 I~~?-~~ ~~~ ~~ .-< -r:> -~ ___Co r:-? -- 0:> . ------------------ - ,.,"''''''':'f.:f.:f.;f.Cf. . . . . . . . . . . . :+,;f.'f.if.'f.:+.;ti~:f.:+' :+':+'~:f.:+':+':f.:f.:f.~~~~~~~~~~~~~~~~~~+.~~ ~~+.~+++.~+.~++~~+~++ ~+~+~+:+;+; . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PEN NA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ./11/185 /J. NIIR1/N No. 06 -333--1 VERSUS r.IfT#F~/NE /J Nfl RT/N !I DECREE IN DIVORCE ~~ 1\ ,~J r , IT IS ORDERED AND AND NOW, .1/lHF.:i IJ Nfl~///II __, PLAINTIFF, DECREED THAT CIJTi-!r~/I'IF ;fl. HIlI!T/N AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. , 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; NON& }/;.' ~".. ". T~OU~~:{ ~7v .? BY Anmf~~ . . . . . . ~. . . 7 // \ "'- / PROTHONOTARY J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +.+++++~+++~+++~+~++ +++.~+.~+~+~ ~+~+~+~+~+~+.+ . ~++~+++++:+++~~+++++.++.++++++.+:~ L~ ~'/ 41-- ~;I- o~) * ~ ~' 7J;t.,91'L.I ,If F r ~/frrJJ4~ 47 -p;;? J1l -u - I I