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HomeMy WebLinkAbout05-5715KRIEMHILDE C. MANGAN Plaintiff v. MATTHIAS H. HESSELBARTH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - j '~ ~~ ~J-i~Ui CIVIL ACTION -DIVORCE NOTICE TO DEFEND 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 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 grounds for the divorce are indignities or irretrievably 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, One Courthouse Square, Carlisle, PA 17013, (717) 240-6195. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERYT, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAAM 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 Lawyer Referral Service 32 South Bedford St. Carlisle, PA 17013 717-249-3166 KRIEMHILDE C. MANGAN Plaintiff v. MATTHIAS H. HESSELBARTH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 57i~ ~"'~~ ~~"' CIVIL ACTION -DIVORCE COMPLAINT IN DIVORCE AND NOW HERECOMES, the Plaintiff, by and through her attorney, Lisa M. treason, Esquire and respectfully represents: 1. Plaintiff is Kriemhilde C. Mangan, an adult individual who currently resides at 49 Cardinal Drive, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Matthias H. Hesselbarth, an adult individual who currently resides in Germany. 3. Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania fora period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the December 26, 1999, in Carlisle, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or navel service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act of 1940 and its amendments. 6. There has been a prior action of divorce between the parties in this jurisdiction at #218-2002. That action was withdrawn by Plaintiff on January 30, 2004. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the parties to participate in counseling. COUNT I -DIVORCE 8. The causes of action and sections of the Domestic Relations Code under which Plaintiff is proceeding are § 3301 (c) or § 3301 (d). 9. The marriage of the parties is irretrievably broken. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant will also file such an Affidavit. 11. In the alternative, if Deffendant fails to consent to a divorce under § 3301 (c), Plaintiff will proceed under § 3301 (d). 12. The parties separated on January 30, 2005. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Respectfully Submitted, GREASON lAW OFFICE Date visa M. treason, Esquire / P.O. Box 385 Carlisle, PA 17013 (717)241-3030 ID #78269 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce 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. r. a~~`5 Date ~ KRIEMHILDE . MANGAN ,: ~J 'a \~~~.,, _; ~, am ~ ~; (h _ j ~ c-- ~ ~_a C ~, 0 W N V~ cr. 0 ~~ -, rn _,~Q '~i~ T ~~ '>2~ ern a `.~ .~ .. KRIEMHILDE C. MANGAN Plaintiff v. MATTHIAS H. HESSELBARTH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. C~ 1 I `_~ ' 2005 CIVIL ACTION -DIVORCE AFFIDAVIT OF SERVICE BY MAIL I, Lisa M. Greason, Esquire, being duly sworn according to law, deposes and says that I mailed a copy of the Complaint in Divorce filed in this matter by certified registered mail, return receipt requested, addressee only, to the Defendant at, Im Foersterbusch 1, 29313, Hambuehren, Germany, on the 8th day of November, 2005. The return receipt signed by the Defendant is evidence of delivery to him and is attached hereto as Exhibit "A". i? ~/~~~ Date i V Y Lisa M. Greason, Esquire P.O. Box 385 Carlisle, PA 17013 (717)241-3030 ID #78269 x -, C':~ __ ~._~ S -r ~f, _l. ~C .. r 1 l -C ` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW KRIEMHILDE C. MANGAN, . Plaintiff : No. 5715 2005 vs. MATTHIAS H. HESSELBARTH, Defendant NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit 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 CODE 1. The parties to this action separated on / 3 0 O5~ ,and have continued to live separate and apart for a period of at least wo ars. 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. C.S. §4904 relating to unsworn falsification to authorities. ~~ Plaintiff Date: ~Y ~~ ~-~ ~ ~ ~ ~ ~~ 1 ~,,. C_~ ~r _Y" <,_ ""~ rl7~~ r ~_ ~} _ ~ .+~ ~ ~' w s - KRIEMHILDE C. MANGAN Plaintiff v. MATTHIAS H. HESSELBARTH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5715 2005 CIVIL ACTION -DIVORCE AFFIDAVIT OF SERVICE BY MAIL I, Lisa M. Greason, Esquire, being duly sworn according to law, deposes and says that I mailed a copy of the signed Affidavit Under Section 3301 (d) of the Divorce Code filed in this matter, the Notice of Intention to Request Entry of § 3301 (d) Divorce Decree, and the Counter-Affidavit Under Section 3301 (d) of the Divorce Code by Air Mail to the Defendant at, Im Foersterbusch 1, 29313, Hambuehren, Germany, on the 6th day of March, 2007. The attached certificate of mailing is evidence of mailing to him and is attached hereto as Exhibit "A". Date Lisa M. Greason, Esquire PO Box 385 Carlisle, PA 17013 (717) 241-3030 ID #78269 U.S, POSTAL SERVICE CERTIFICATE OF MAILING MAY SE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: ~~~} 5 v~l 4 ~'C ~- ~ r A j~- LL L One piece of ordinary mail addressed to: ~ f3Tt I• s G'S-S~- ~ r-r-~ l-~2-5'~CL•'?Z o~ ~ ~ 3L ( ~ l ~ Y~CY1 Co erm>~~ ~r he v ~ ~~~ -~ a. n PS Form 3817, January 2001 C? ~ O -,y, " " ~-!r,, ' .. /~ ` s ' ~ t t G N ~~]~ i W i..J (~ ~ ~~1 { .{ ~ {~~ N` C_ y .. .... ....5 KRIEMHILDE C. MANGAN Plaintiff vs. MATTHIAS H. HESSELBARTH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0. 5715 2005 NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301 id) DIVORCE DECREE TO: MATTHIAS H. HESSELBARTH (DEFENDANT) You have been sued in an action for divorce. You have failed to answer the complaint or file acounter-affidavit to the § 3301 (d) affidavit. Therefore, on or after March 26, 2007, the other party can request the court to enter a final decree in divorce. If you do not fife with the prothonotary of the court an answer with your signature notarized or verified or acounter-affidavit by the above date, the court can enter a final decree in divorce. Acounter-affidavit which you may file with the prothonotary of the court is attached to this notice. Un{ess 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 right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 C ev o --ct ~ s• . t~:r:, ~ ;. ,. ~~ ' N ..,: , W t..? ~~ r ~' ~ ~ ~ ~ C? ~ ~ ~ -..1 -K KRIEMHILDE C. MANGAN, Plaintiff V. MATTHIAS H. HESSELBARTH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.5715 2005 IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. Check either (a) or (b) / (a) I do not oppose the entry of a divorce decree. (b) 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 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 Divorce 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. section 4904 relating to unsworn falsification to authorities. DATE: 1 ~ J ' ` ~~ ~ Plaintiff NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT A 7 (:'. ~.' -'rte..::; L+.? J ^T „~ ~ ...~. ^'~ ~..Z KRIEMHILDE C. MANGAN Plaintiff v. MATTHIAS H. HESSELBARTH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5715 2005 CIVIL ACTION -DIVORCE PRAECIPE AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Before me, the undersigned authority, personally appeared Kriemhilde C. Mangan, Plaintiff, who being duly sworn according to law, does depose and say that she makes this Affidavit on Plantiff's behalf and that the statements in this Affidavit are true to the best of her knowledge, information and belief. Defendant, Matthias H. Hesselbarth, is over 21 years of age. His last employment is unknown. Defendant, Matthias H. Hesselbarth, is not in the military service of the United States as contemplated by the Servicemembers' Civil Relief Act, as amended. Defendant currently resides as Im Foersterbusch 1, 29131 Hambuehren, Germany as of the date of this Affidavit. Date: `" f - ~ ~ ~ ~ ~ KRIEMHILDE C. MANGAN Sworn and subscribed to before me this ~ ~ day of C~ , 2007. otary Public COMMONWEALTH OF PENNSYLVANIk Notarial Seal Lisa M. treason, Notary Public North Middleton Twp., Cumberland Courriy My Commission Expires Sept. 9, 2090 Member, Pennsylvania AssorE=t~~• :,r ^dnt,~r;;~s c~ ~ -~, ~ ~ ~ -o ~.; -`` ~--~ -~:: ~: :~ r•? ~ .. Cfa ~' ~ ~, _._., ~=. ~::; - .~ ~„ :' ~ ~ ~ KRIEMHILDE C. MANGAN Plaintiff v. MATTHIAS H. HESSELBARTH Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 5715 2005 CIVIL ACTION -DIVORCE PRAECIPE TO TRANSMIT RECORD TO the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: November 11, 2005 by certified registered mail. 3. Complete either paragraph (a) or (b) (a) Date of the execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code by: By plaintiff: nl /A By defendant: ~l~¢ (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code; (2) Date of filing and service of the plaintiff's affidavit upon the respondent: March 6, 2007 4. Related claims pending: None 5. Complete (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: March 6, 2007 OR (b) Date (p{/def) Waiver of Notice was filed with the Prothonotary: ~+/ ~A Respectfully Submitted, GREASON LAW OFF- y~.~3/y 7 Date Lisa M. treason, Esquire PO BOX 385 Carlisle, PA 17013 (717) 241-3030 ID #78269 C':) C ra ca° -.,, f;~:i A fi7'! f~: ~'~.` ~ ~ r7'!~ ?`. ?r> ... E + ~ ~~ ~ _ I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF "" PENNA. KRIEMHILDE C. MANGAN ~'' ~~ ~ `~ Wife, Plaintiff N O . 5715 OF 2005 VERSUS MATTHIAS H. HESSELBARTH Husband, Defendant DECREE IN DIVORCE AND NOW, /~a..~ ~ r 2OO IT IS ORDERED AND KRIEMHILDE C. MANGAN DECREED THAT MATTHIAS H. HESSELBARTH AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; NONE E A -~ 2 ~'7( ~ ~K Lo ~i ' S *,, ...