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HomeMy WebLinkAbout06-0284 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, Civil Action - Law Plaintiff No, 20lli - :;P'f ('l . [c..- AUL , L~ David L. Motter, Defendant In Divorce a v,m, 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, Ajudgment may also be entered against you for any other claim orrelief 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 bre:akdown of the marriage, you may request marriage counseling, A list of marriage counselors is available in the Office ofthe Prothonotary at the Franklin County Courthouse, 157 Lincoln Way East, Chambersburg, Pennsylvania 17201, 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 HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, Pennsylvania Bar Association Lawyer Referral Service Telephone: 1-800-692-7375 (PA only) or 717-238-6715 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYL VANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, Civil Action - Law Plaintiff No, 20~ - ;;)P( e{CJL'J-~ David L. Motter, Defendant In Divorce a v,m, COMPLAINT UNDER SECTION 3301 (c) or (d) OF THE DIVORCE CODE NOW comes the Plaintiff, Tammy S, Motter, by her Attorney, Jeffrey S, Evans, and states the following: 1. The Plaintiff is Tammy S, Motter, a sui juris adult, who currently resides at 3] 6 East Fort Street, Shipppensburg, Cumberland County, Pennsylvania, with a mailing address of c/o Judy Farner, 28 South Washington Street, Shippensburg, Pennsylvania] 7257 since 2000, 2, The Defendan\ is David L. Motter, a sui juris adult, who currently resides at 316 East Fort Street, Shipppensburg, Cumberland County, Pennsylvania] 7257, since 2000, 3, Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4, The Plaintiff and Defendant were married on July 2],2000 at Hagerstown, Washington County, Maryland, 5, There have been no prior actions of divorce or for annulment between the parties, 6, The marriage is irretrievably broken, 7, Plaintiffhas 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, 8, Plaintiff requests the Court enter a decree of divorce, COUNT II EQUITABLE DISTRIBUTION 9, The averments of paragraphs 1-8 of Count I are incorporated herein by reference as ifset forth at length, 10, Plaintiff and Defendant have legally and beneficially acquired property, both real and personal during their marriage from July 21, 2000, through the date of their separation, which property is "marital property," II. Plaintiff and Defendant may have owned, prior to the marriage., property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property", 12, Plaintiff and Defendant have been unable to agree as to an equitable division of said "marital property" and respectfully request that this Court enter a Decree equitably dividing the same, COUNT III ALIMONY PENDENTE LITE AND ALIMONY 13. The averments of paragraphs 1-8 of Count I and paragraphs 9-12 of Count II are incorporated herein by reference as if set forth at length, 14, Plaintiff is without sufficient funds or estate or income to provide for her reasonable needs and is unable to support herself through appropriate employment. 15, Plaintiffrequires reasonable support to adequately maintain herself in accordance with the standard ofliving established during the marriage, 16, Plaintiffrequests the court to enter an award ofreasonable temporary alimony until final hearing, COUNT IV ATTORNEY'S FEES, COSTS AND EXPENSES UNDER THE PROVISIONS OF THE PENNSYL VANIA DIVORCE CODE 17, The averments of paragraphs 1-8 of Count I, paragraphs 9-12 of Count II and paragraphs 13- 16 of Count III are incorporated herein by reference as if set forth at length. 18, The Plaintiff has employed Jeffrey S, Evans, Esquire, to represent her in this matrimonial cause, 19, The Plaintiff is unable to pay the necessary attorney's fees, costs and expenses and the Defendant is more than able to pay them, 20, Reserving the right to apply to the Court for temporary attorney's fees, costs and expenses prior to final hearing, and the Plaintiff requests that after final hearing, the Court order the Defendant to pay the Plaintiffs reasonable attorney's fees, costs and expenses, WHEREFORE, the Plaintiff respectfully requests that pursuant to the Pennsylvania Divorce Code, that this Honorable Court enter an Order directing the Defendant to pay the Plaintiffs reasonable attorney's fees, costs and expenses, Respectfully submitted, ? B Jeffr Att l' Plaintiff 2025 East Main Street Waynesboro, P A 17268 717,762-1415 Pa, Atty, ill No, 55654 - VERIFICATION I verify that the statements in this document are true and correct to the best of my knowledge, information and belief, and 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, Dated: '11'\w ;:0 0 ~ ~ ~ ~ - ~ ~ ..a 0 D ;t )v C> tI't 0 "" () G 111 C";. ~ c- . -, ~n ~ C> C' (J c,.... Z; c_ '-l I -' :Ti ;t.~ -.--, -.0 &v N -c..J fC :t> C') :e t r<'l >:) -'C_ l....() ,< -f-- ~ '-L:... ~ c;, IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, : Civil Action - Law Plaintiff : No, 2006 - 284 Civil Term David L. Motter, Defendant : In Divorce a v,m, PRAECIPE TO REINSTATE DIVORCE COMPLAINT PURSUANT TO PA.R.C.P. 401 (b)(1) To: Prothonotary of Cumberland County, Pennsylvania: Please reinstate the Divorce Complaint in the above,captioned action, originally filed January 12,2006, a true and attested copy of which is attached hereto, Respectfully submitted, Dated4~/06 'T'I ..~ , '-", ~"" "\ ~, ., c...., .. , IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYL VANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, Civil Action - Law Plaintiff Defendant In Divorce a v.m, No, 2006 - 284 David L. Motter, ACCEPTANCE OF SERVICE L,.j o I, Michael A, Scherer, Esquire, do acknowledge that I have received a true and correct copy of the Complaint in Divorce indexed to No, 2006 - 284 in Cumberland County, Pennsylvania, and accept service thereof on behalf of the Defendant, David L. Motter and certifY that I am authorized to do so, Dated: rflfAf(j/'" 2 p" 2.. DO(., ~ufyv Michael A. Scherer, Esquire Attorney for Defendant ,', c IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, Civil Action - Law Plaintiff No, 2006 - 284 Civil Term David L. Motter, Defendant In Divorce a v.m, AFFIDAVIT OF CONSENT 1. Complaint in Divorce under Section 330l(c) or (d) of the Divorce Code was filed on January 12, 2006. 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 entrv 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. Section 4904 relating to unsworn falsification to authorities. Dated: '1 -IO-Ob --K~MIF~ Witness f'~.. :'I r-, =::-::1 "1;::;;-' ~- I',,' 1""." c,- IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, Civil Action - Law Plaintiff : No, 2006 - 284 Civil Term David L. Motter, Defendant : In Divorce a v,m. 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! 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 ofthe decree will be sent to me immediately after it is filed with the Prothonotary, I verifY that the statements made in this Waiver 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: l-IO-CN? " ,~.... "',"1 =1 i"" ,,', ~:-., N ['..) 1""'_,< IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, : Civil Action - Law Plaintiff : No. 2006 - 284 Civil Term David L. Motter, Defendant : In Divorce a v.m. - AFFIDAVIT OF CONSENT 1. Complaint in Divorce under Section 330l(c) or (d) of the Divorce Code was filed on January 12, 2006. 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 reauest 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, Section 4904 relating to unsworn falsification to authorities. Dated: 7 -ID-LAo ])aA~zJl / 7JJ1I~ DaVid L. Motter, Defendant se U7 0- UOlLS-I' ( ~tness '7/0/0(; ---- ,-,'" 1"'"<) '"". L.. :-:;:1 ", r.o r-...,; !,C' IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, Civil Action - Law. Plaintiff : No. 2006 - 284 Civil Term David L. Motter, Defendant In Divorce a v,m. - 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! 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 Waiver 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:.,IO-OlP J){ktl~ v( ?l7~ David L. Motter, Defendant n ~. l'<j -!;", ~~<) IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYL VANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, Civil Action - Law Plaintiff : No. 2006 - 284 David L. Motter, Defendant : In Divorce a v.m. PRAECIPE TO DISCONTINUE WITH PREJUDICE To: Prothonotary of Cumberland County, Pennsylvania Please mark Counts IT (Equitable Distribution), Count ill (Alimony and Alimony Pendente Lite), and Count N (Counsel Fees, Costs and Expenses) discontinued with prejudice, said counts being resolved by Property and Separation Agreement of the parties dated May 26, 2006. Respectfully submitted, Je e to fi 2025 East Main Street Waynesboro, P A 17268 (717)762-1415 PA Atty. ill No. 55654 ~ ;!.l~ ZX' Zt..'." D:'!J'" ::<. .{ ~c :):> -', z~; --,CJ )>c: ~ ,..:t ~ ~ ..: N CD Q ~::n ""'O~ ::0 ~.~. DB tjfTI ~ ;;.<;: -0 ::s:: ~ &'" o ..... '"'"'- IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Tammy S. Motter, Civil Action - Law Plaintiff No. 2006 - 284 David L. Motter, Defendant In Divorce a v.m. PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY OF FRANKLIN COUNTY, PENNSYLVANIA: You are hereby directed to transmit the record together with the following information to the Court for entry of a divorce decree: 1. Grounds for Divorce: Irretrievable breakdown of the marriage under Section 3301(c) or (d) of the Divorce Code. 2. Date and manner of service ofthe Complaint in Divorce: Service ofthe Complaint was made by mailing a true and attested copy of the same to Defendants attorney of record, Michael A. Scherer, Esquire, by regular, first-class mail, with him accepting the same on March 28, 2006, as shown on the Acceptance of Service, filed hereto. 3. A. The date of the execution of the Affidavits of Consent required by Section 3301(c) of the Divorce Code: The Plaintiffs Affidavit of Consent was signed on July 10, 2006 and the Defendant's Affidavit of Consent was signed on July 10, 2006. B. The date ofthe execution of the Waiver ofthe Notice of Intention to Request the Entry of a Divorce Decree, required by Rule 1920.42( e) was signed by Plaintiff on July 10,2006 and by Defendant on July 10,2006. ... <.. ....... Dated: 4. Related claims pending: None. 5. Date plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the prothonotary: Plaintiffs waiver was filed on July 12,2006. Date defendant's Waiver of Notice in 3301(c) Divorce was filed with the prothonotary: Defendant's waiver was filed on July 12, 2006. Respectfully submitted, j '/sojoG Jeffy. s, Esquire Atto ey for Plaintiff 2025 East Main Street Waynesboro, P A 17268 717-762-1415 Pa. Atty. ill No. 55654 ----- r--) = C-..> 0" CJ 'ri I U\ \, .~ ~~ ___.;,'to ~ :J1.:n 1'11 r:: -CJ rr. -nO c:),b :::C.:T-\ r~o __n. S2\' ~ ,-0 .' (;) if. if. if. if. if. if. if. if. if. if. ;t; if. ;t; ;t; '" '" if. '" if.;t; "'ll; '" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF Tammy S. Motter VERSUS David L. Motter PENNA. No. 2006-284 DECREE IN DIVORCE AND NOW, ~/~ ~ ~,'J9.M · , 2006 ,IT IS ORDERED AN D DECREED THAT Tammy S. Motter AN D David L. Motter , PLAI NTI FF, , 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; ",. tjO.lc "'''' '" '" '" '" PROTHONOTARY '" '" '" '" '" "'''' "''''''' "'''' '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" '" ;t; '" '" ;t; '" '" '" if. 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