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HomeMy WebLinkAbout02-1193NATHAN L. MUSSER, SR., Plaintiff VS. LINDA L. MUSSER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : o~-// : No. Civil Tem~ : : ACTION IN DIVORCE : 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 fights important to you, including custody or visitation of your children. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 2 Liberty Avenue Carlisle, Pa. 17013 (717) 249-3166 NATHAN L. MUSSER, SR., Plaintiff VS. LINDA L. MUSSER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : O,,~ .llq~3 : No. Civil Term : : ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Nathan L. Musser, a competent adult individual, who resides at 133 Old Stonehouse Road South, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Linda L. Musser, a competent adult individual, who has resided at 906 West Trindle Road, Mechanicsburg, Cumberland County, Pennsylvania, since 1997. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on March 12, 1983 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have two children together, namely, Nathan L. Musser, Jr., date of birth, 3-17-88, and David A. Musser, date of birth, 7-6-89. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and/or ' (b) That the Defendant has offered such indignities to the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Nathan L. Musser, Plaintiff Respectfully submitted, Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF NATHAN L. MUSSER, SR., Plaintiff VS. LINDA L. MUSSER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 1193 Civil Term 2002 : ACTION IN DIVORCE AFFIDAVIT OF SERVICE OF NOTICE TO ~DEFEND AND COMPLAINT AND NOW, this March 19, 2002, I, Jane Adams, Esquire, hereby certify that on March 18, 2002, a true and correct copy of the NOTICE TO DEFEND AND COMPLAINT were served, via certified mail, restricted delivery, return receipt requested, addressed to: Linda Musser 906 West Trindle Road Mechanicsburg, Pa. 17013 DEFENDANT Respectfully Submitted: · 79465 th Hanover St. , Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF · Complete items 1, 2, and 3. Nso compiete 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 maitpiece, or on the front if space pe .rmits. ~ 1. ~icte Addressed to: A. Received by (Please Print Cleady~ ~ address different fro~ -' ~1~ yES, e'nter de[wery address 3. SerVice Type i--I insured Mail f'~ Express Mail r"J Return Receipt for Merchandise r'l C.O.D. PS Form 3811, March 2001 Domestic Return Receipt UNITED STATES POSTAL SERVICE Flint-Class Mail Postage & Fees Paid USPS · Sender: Please print your name, address, and ZIP+4 in this box · NATHAN L. MUSSER, SR., Plaintiff, VS. LINDA L. MUSSER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1193 CIVIL ACTION - LAW ACTION IN DIVORCE 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 Defendant. 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, Cumberland County Courthouse, 1 Courthouse Square, 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. LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (800) 990-9108 (717) 24%3166 NATHAN L. MUSSER, SR., VS. LINDA L. MUSSER, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1193 CIVIL ACTION - LAW Defendant. ACTION IN DIVORCE ANSWER WITH COUNTERCLAIM ANSWER NOW COMES Defendant, Linda L. Musser, by and through her attorneys, TOMASKO & KORANDA, P.C., and files this Answer with Counterclaim, averring: 1. Admitted in part; denied in part. It is admitted that Plaintiff, Nathan L. Musser, is an adult individual residing at 133 Old Stonehouse Road South, Carlisle, Cumberland County, Pennsylvania. However, Defendant believes, and therefore avers, that Defendant may not be "competent" inasmuch as he has suffered (and is suffering) from bi-polar disorder with severe mood swings, has threatened to commit suicide, and has refused to take medication for his psychiatric condition. 4. 5. 6. 7. Admitted. Admitted. Admitted. Admitted. Admitted. Admitted. By way of further answer, in an Order dated March 28, 2001 and docketed with this Court at No. 01-1786, Defendant was awarded primary physical custody of the minor children and Plaintiff was awarded partial physical custody of the minor children. 8. Admitted. 9. Admitted. 10. Admitted in part; denied in part. It is admitted that the marriage between Plaintiff and Defendant is irretrievably broken. However, it is denied that Defendant has offended such indignities to the Plaintiff so as to render his condition intolerable and life burdensome, or that Plaintiff is the innocent and injured spouse. To the contrary, it is Plaintiff who has offended such indignities to Defendant, the innocent and injured spouse, as to render her condition intolerable and life burdensome. By way of further response, Plaintiff abandoned the marriage, telling Defendant that he was still in love with his high school sweetheart and that he wanted "a couple of years of freedom" to do all the things he missed out on as a child. In addition, Plaintiff routinely went on spending sprees when he had a manic episode, charging large purchases on the parties' credit cards. Because Plaintiffwas never able to hold a job for any length of time, the Defendant was forced to pay these credit card bills, even though she was struggling to support the parties' two (2) minor children. WHEREFORE, Defendant, Linda L. Musser, requests your Honorable Court to grant a divorce pursuant to 23 Pa. C.S. ~ 3301 (c), but deny and dismiss the remainder of Plaintiff s Complaint. COUNTERCLAIM Defendant, Linda L. Musser, further says that she has a cause of action against the above- named Plaintiff of the following nature and character: Count I -- Equitable Distribution 11. Each and every preceding paragraph is incorporated herein by reference as though fully set forth at length below. 12. Plaintiff and Defendant have acquired property, both mai and personal, during the marriage and prior to separation. 13. Plaintiffand Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Defendant, Linda L. Musser, requests your Honorable Court to equitably divide ail marital property. Count II -- Alimony 14. Each and every preceding paragraph is incorporated herein by reference as though fully set forth at length below. 15. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Defendant, Linda L. Musser, requests your Honorable Court to enter an award of alimony. Count III -- Counsel Fees and Costs 17. Each and every preceding paragraph is incorporated herein by reference as though fully set forth at length below. 18. Defendant lacks sufficient property to defend against the instant action and is -3- unable to pay counsel fees and costs incurred in this action. 19. Defendant requires reasonable counsel fees and costs to adequately defend against the instant action. WHEREFORE, Defendant, Linda L. Musser, requests your Honorable Court to enter an award of counsel fees and costs. Count IV -- Alimony Pendente Lite 20. Each and every preceding paragraph is incorporated herein by reference as though fully set forth at length below. 21. Defendant lacks sufficient financial resources to pursue the instant action. 22. Defendant requires alimony pendente lite to meet her reasonable needs during the divorce proceedings. WHEREFORE, Defendant, Linda L. Musser, requests your Honorable Court to enter an award of alimony pendente lite. Connt V -- Divorce Pursuant to 23 Pa. C.S. § 3301(a)(1) or (6) 23. Each and every preceding paragraph is incorporated herein by reference as though fully set forth at length below. 24. Defendant has committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years. 25. Defendant has offended such indignities to the Plaintiff, the innocent and injured spouse, so as to render her condition intolerable and life burdensome. WHEREFORE, Defendant, Linda L. Musser, requests your Honorable Court to grant a -4- divorce pursuant to 23 Pa. C.S. § 3301(a)(1) or (6). Respectfully submitted, TOMASKO & KORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 MICHAEL A. KORANDA PA ID #58808 -5- VERIFICATION I verify that the statements made in the attached ANSWER WITH COUNTERCLAIM are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. §4904 relating to unsworu falsification to authorities. DATED: CERTIFICATE OF SERVICE AND NOW, this. ~ ,/5'7' day of ~/~ ,2002, I, Michael A. Koranda, Esquire, attorney for the Defendant, hereby certify that I served the within ANSWER WITH COUNTERCLAIM this day by: U.S. Mail, first class, postage prepaid, addressed to: Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 TOMASKO & KORANDA, P.C. By:. MICHAEL A. KORANDA NATHAN L. MUSSER, SR., Plaintiff, VS. L1NDA L. MUSSER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1193 CWIL ACTION - LAW ACTION IN DIVORCE PRAECIPE TO WITHDRAW AND DISCONTINUE COUNTERCLAIi~ TO THE PROTHONOTARY: Kindly mark the Counterclaim filed by Defendant, Linda L. Musser, in the above- captioned matter as WITHDRAWN and DISCONTINUED in all respects. Respectfully subraitted, TOMASKO & I~ORANDA, P.C. 219 State Street Harrisburg, PA 17101 Telephone: (717) 238-1100 Dated: MICHAEL A. KORANDA PA ID #58808 Attorney for Defendant, Linda L. Musser CERTIFICATE OF SERVICE AND NOW, this /t~-'/'/~ day of ,2004, I, Michael A. Koranda, Esquire, attorney for the Defendant, hereby certify that I served the within PRAECIPE this day by: U.S. Mail, first class, postage prepaid, addressed to: Jane Adams, Esquire 117 South Hanover Street Carlisle, PA 17013 TOMASKO & KORANDA, P.C. MICHAET'r~. KORANDA NATHAN L. MUSSER, SR., Plaintiff, VS. 12q THE CouRT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1193 LINDA L. MUSSER, CIVIL ACTION - LAW ACTION IN[ DWORCE Defendant. AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 330 l(c) of the Divorce Code was filed on March 11, 2002, and served on Defendant on t/~O4~ [~ ~---~---~ ~ ~' 2. The marriage of plaintiff and defendant 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 atSer service of notice of intention to request entry of the decree. 4. 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. I further understand that the · ,c. Office, which list is available to me Court maintains a list of marriage counselors in the Prothonotary ~, upon request. 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 by the Court 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 unswom falsification to authorities. NATHAN L. MUSSER, SR. Plaintiff NATHAN L. MUSSER, SR., Plaintiff, VS. LINDA L. MUSSER, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1193 CIVIL ACTION - LAW ACTION IN DIVORCE AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 11, 2002, and served on Defendant on ~6>~-~ /~ ~}~t22) ~,x. 2. The marriage of plaintiff and defendant 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 decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office:, which list is available to me upon request. 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 by the Court. 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: LINDA L. MUSSER Defendant NATHAN L. MUSSER, SR., Plaintiff, VS. LINDA L. MUSSER, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-1193 : CIVIL ACTION - LAW Defendant. : ACTION IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE U..__NDER ~ 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 ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a di.vorce 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 tree 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: c/ NATHAN L. I~FUSSER, SR. Plaintiff NATHAN L. MUSSER, SR., Plaintiff, VS. LINDA L. MUSSER, IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, pENNSYLVANIA NO. 02-1193 : cIVIL ACT!iON - LAW ACTION IN; DIVORCE Defendant. : WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301 c OF TIlE 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 ifI 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. statements made in this affidavit are line and correct. I understand that 1 verify that the false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn fals~ficaUon to authorities Date: '-] -- ~ LINDA L. MUSSER Defendant NATHAN L. MUSSER, SR., Plaintiff VS. LINDA L. MUSSER, Defendant : IN THE COURT Oil COMMON PLEAS CUMBERLAND COUNTy, PENNSYLVANIA No. 02 - 1193 Civil Term : ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECO__~Q~ TO THE PROTHONOTARY: divorce decree: Transmit the record, together with the following information to the Court for entry ora I. Ground for divorce: irretrievable breakdown under ~30~.Q~_~ of thc Divorce Code. · 2. Da. re and manner of the service of thc Complaint: D~cl~ rest~cted dchvc return recei t re uested delivered on: March 18, 2002. 3. Date 9fcxccution of thc a~davit of consent required by 3301(c) of thc Divorce Code: By Plaintiff: July 23, 2004. By Defendant: July 19, 2004. 4. Related claims pending: No_.~ne. 5. Date Defendant's Waiver o£Notice in §3301(c) Divorce was flied with the Prothonotary: August 9, 2004. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was fi/ed with the Prothonotary: August 9, 2004. //~'~2No. 79465 arlisle, Pa. 170113 (717) 245-850S Attorney for Plaintiff IN THE COURT OF' COMMON PLEAs OF' CUMBERLAND COUNTY Nathan L. Musser, Sr., Plaint/ff '~ ~ P E N N A. VERSUS ~ Linda L. Musser, Defendant N O. No. 02 - I 193 Civil Term DECREE IN DIVORCE '~, iT IS ORDERED AND L. Musser, Sr. A N D Linda L. Musser -' P LA I N T ~ F F, ARE DIVORCED F'F~oM 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; None.