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HomeMy WebLinkAbout06-3083 " JEANNIE L. METZGER, Plaintiff : IN THE COURT OF C<j)MMON PLEAS OF : CUMBERLAND COuNTY, PENNSY VANIA v. : CIVIL ACTION - LA "'\ : IN DIVORCE I . ' : NO. 06- 3 6~3 ,CIVIL TE NOTICE TO DEFEND AND CLAIM RIG~TS MICHAEL A. METZGER Defendant You have been sued in court. If you wish to defend against th claims set fo in the following pages, you must take prompt action. You are warned that if you fail to do s ,the case may proceed without you and a decree of divorce or annulment may b entered agains you by the court. A judgment may also be entered against you for any other c aim or relief re uested in these papers by the plaintiff. You may lose money or property or othe rights impo t to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable reakdown of th marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylv 'a. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISI LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR A YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER A ONCE. IF Y U DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE ET FORTH BE OW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABO T HIRING A L WYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS 0 FICE MAY B ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES TAT MAY OF ER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comp y with the Americans with Disabilities Act of 1990. For information about ac essible facilitie and reasonable accommodations available to disabled individuals having b siness before th court, please contact our office. All arrangements must be made at least 72 h urs prior to any hearing or business before the court. You must attend the scheduled conferenc or hearing. ~ v. : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COtjlNTY, PENNS LV ANIA : CIVIL ACTION - LAW : IN DIVORCE : NO. 06- J 6 f.3 CIVIL RM JEANNIE L. METZGER, Plaintiff MICHAEL A. METZGER, Defendant DIVORCE COMPLAINT The plaintiff, Jeannie L. Metzger, by her attorneys, the Family Law Clinic, se s forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. I. Plaintiff is Jeannie L. Metzger, who currently resides at 387 Green Springs R ., Newville, PA 17241 since April 28, 2006. 2. Defendant is Michael A. Metzger, who currently resides at 11 Terri Drive, C Cumberland County, PA 17013 since approximately March 24, 2006. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six m nths immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on October 28, 1998 at Marysville, Pe County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since MaJrch 24, 2004. 6. There have been no prior actions for divorce or for annulment between the pies. 8. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that ~Iaintiff may ha e the right to request that the court require the parties to participate i~ counseling. I 7. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. ~ ~ Certified Legal Intern ~~- THOMASM. PLACE ANNE MACDONALD-F X LUCY JOBNSTON-WA SH Supervisi~ Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 24312968 Fax: (717) 243-3639 J VERIFICATION I verify that the statements made in the foregoing complaint are tru~ and correct, to the best of my knowledge, information and belief. I understand makin~ any false state ent would subject me to the penalties of 18 Pa.C.S. 94904, relating to Ijnsworn falsific tion to authorities. Date~ \-\ \\ -1;j o t-_-= ;;;:'"""" ,., '::.1}, ....., C~ c= ~'^' a -" ..... :r.:.,., n1--- r-- 4:: n-; ~}~~ ~_ c :fi ~ ~2(" ,5") ;;.--t '~ ~ ~ -' <--" c::> -r:') ~ U, ..!::~ JEANNIE L. METZGER, Plaintiff : IN THE COURT OF COMMON PLE S OF : CUMBERLAND COUNTY, PENNS VANIA v. : CIVIL ACTION - LAW : IN DIVORCE MICHAEL A. METZGER Defendant : NO. 06-30f3 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUfERIS TO THE PROTHONOTARY: Kindly allow Jeannie L. Metzger, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free leg I service to the party. Date ,]12.4-/067 Keith Hic an Certified Legalllntern ~ ROBERTE RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 ...., = = cr- Z -". ::..; ~ ~::n nr~ :]t;J gC) :r::n '-...>- '~-7M :5 -, 55 '< w o -0 -' - l)? <.J1 0) , . JEANNIE L. METZGER, Plaintiff v. MICHAEL A. METZGER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION-LAW : DIVORCE : NO. 06 - 3083 CIVIL TERM CERTIFICATE OF SERVICE I, Keith Hickman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Michael A. Metzger, residing at 11 Terri Drive, Carlisle, Pennsylvania 17013, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Michael A. Metzger on the lOth day of June, 2006, as evidenced by the attached green card. /l F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 ..~.,..,~,~,- . , , Kern 4 W Reelrlcted ~.Ia-..ct. . Print your _MCf ~ on !hI_ 10 IIl8t we CIIl return II1lt ClII"d to you. . Attach IhI8 cartI to 1he beck of 1he ~, or on the front W space permits. 1. Artlcle_to: In,'Chad ",. (Yl("6JUc II 7irn OrIVe. (!t:l.r;'~(1 ~ /'1-0/$ DAgon! o DYlII ONe ~. ~c:(:.... 0 ElcprMo MIll o Reg/llnd 0 Aolum AecoIpt for Merchondlte 01__ 0 C.O.D. 4. __ DoIIvety? (Extrs !'H) ~ 7005 0390 0003 2632 6581 PS Form S8'11 , 'JuI/' ,_' 102595-99-M-1789 ~;.,J.,~ tJ(. - 3/)13 o c.~ r , ",0 >:;":";") ;:;:) G-'" ") :::.., ::::! ~4,- :l::! j r-- ; :c~ "-, N -0 ':.'.) ,:'-.'n-i u 'c) jJ -.;;; .r:'""" C.J JEANNIE 1. METZGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE MICHAEL A. METZGER, Defendant : NO. 06 - 3083 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in March 2004, and have continued to live separate and apart for a period of at least 2 years. 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. Date l' J 10/0(1 I ~~ ANNIE 1. METZG Plaintiff g g: -r.JtT rnr,_ -:?' .- g~:= ~j; (' . --7 '''-._ ~C' );.> C z :::1 r...:I = = c:r- (/) rr1 -U N (;)) ~ -I :C-n rnp -Ocq :}J '--~ i'" . ~-": '.j :::.::! -: :, ~~~5 ,'f.-:-rn o ~ ~ :P" :It \.0 .. N W JEANNIE L. METZGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 06- 3083 MICHAEL A. METZGER Defendant : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown and separation for two years under ~ 3301(d) ofthe Divorce Code. 2. Date and manner of service of the complaint: Service on Defendant by certified mail, restricted delivery, return receipt requested at 11 Terri Drive, Carlisle, PA 17013 on June 10,2006. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by 9 3301(c) of the Divorce Code: by PlaintiffN/A; by Defendant N/A. (b)(1) Date of execution of the affidavit required by 9 3301(d) of the Divorce Code: September 18,2006; (2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed on September 26, 2006 and served September 26,2006. 4. Related claims pending: None. 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: Service by first class mail on October 17, 2006. (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: N/A. Date defendant's Waiver of Notice was filed with the Prothonotary: N/A. ~ Date \\-\L\ I 0 ((, ~~/ Samara Gomez Certified Legal Intern Robe . ains, Esquire Lucy Johriston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire William G. Martin, Esquire Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 JEANNIE L. METZGER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. MICHAEL A. METZGER, Defendant : CIVIL ACTION - LAW : DIVORCE : NO. 06-3083 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF S 3301(d) DIVORCE DECREE TO: MICHAEL A. METZGER You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after November 6,2006, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless 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 HA VE A LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. JEANNIE L. METZGER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE MICHAEL A. METZGER, Defendant : NO. 06 - 3083 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~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 ofa 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. ~4904 relating to unsworn falsification to authorities. Date MICHAEL A. METZGER n ~-;) 0 r~' :';',:10 c= >...-'" -n C:j-~ =? :D c ) h1 ""'~-.- r'-- (jl -"~I C) .;~ .r- ~;.,) 0 .-<.. if. if. :Ii :Ii :+iif.if.:Ii :liif. '" :+i :liif.:liif. if. :+i :Ii :+; :Ii:li :Ii :Ii :Ii:liif. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. .1RANNTR T.. MR'1'7.C:ER No. On pl;:'Ii nr iff VERSUS MT(,H~RT. A MR'T'7.r,RR DE'ft:>nrl;:'lnr AND NOW, DECREE IN DIVORCE l)~ v- ?()()F; , IT IS ORDERED AND DECREED THAT ,1pt=lnn i e r.. Met zger , PLAI NTI FF, AND Michael A. MetzQer , 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; Nonp ,., ,., :Ii ,., "'''' "'''''''if.''''''''' ;+: :Ii ";if.if.if.if. if. :Ii"'''' if.if.'" if.:Ii:li"'if. if. :Ii"'''' :Ii :Ii"'''' J. 3083 - ~ 7~ ~K. ?17- / -e; . 7::1 ~ ~ ~,l N 'lIP- 1- t:'1 ". . '. .