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HomeMy WebLinkAbout07-0126MICHELLE L. HESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW RONALD D. HESS, : NO. h`7- U %;Z f, CIVIL TERM Defendant : 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 will proceed without you and a decree of divorce or annulment may be entered against you for any 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, Cumberland County, Pennsylvania, 17013. 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, Pennsylvania 17013 Phone: (717) 249-3166 or (800) 990-9108 MICHELLE L. HESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION -LAW RONALD D. HESS, :NO. 6 7- 1,2L Defendant CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE NO FAULT 1 • Plaintiff is Michelle L. Hess, an adult individual currently residing at 11 School House Road, Newville, Cumberland County, Pennsylvania. 2. Defendant is Ronald D. Hess, an adult individual currently residing at 56 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 19, 1997, in Winchester, Virginia, Frederick County. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of service of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, Hannah Herman Snyder, Esqui Attorney for Plaintiff GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. DATE: / 9 MI ELLE L. HESS, Plaintiff 17??) l r 1 C rrr " m : , i co ? . qP. 4k 1 MICHELLE L. HESS, Plaintiff V. RONALD D. HESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-126 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE I, Hannah Herman-Snyder, Esquire, counsel of record for Plaintiff, state that a true and attested copy of a Complaint in Divorce was sent to Defendant, Ronald D. Hess, at his address of 56 Beetem Hollow Road Newville, Pennsylvania, by certified mail, restricted delivery. A copy of said receipt is attached hereto indicating service was made on January 16, 2007. Hannah Herman-Snyder, Esquir Attorney for Plaintiff GRIFFIE & ASSOCIATES 100 Lincoln Way East, Suite D Chambersburg, PA 17201 (717) 267-1350 (800) 347-5552 Sworn and subscribed to before me this day of 52007 ARY WTARK ZEAL R091M d 9"KTT ""y PAk OOlMA1f E 3W U.S' Pos CERTIF tal scr IED vic W (Domest ic Mai ! G E .. Ln . rl Posta e 3,. g C3 Certified Fee y "° t r Mndorsement Required) F 0 ee n Restricted ADellvefy rU Total Postage & Pep a - o ?er?t To RnVia ? ? , New s or PO Box No. 66"i tate, ZIP ¦ Complete items 1, 2, and 3. Also complete 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 mailpiece, or on the front if space permits. 1. Article Addressed to: /?Ona?d b Iles g x Agent A. 7e11a6D-7AKV49Addtessee B.ed by ( Printed Name) C. Date of Delivery f1Vr? D. Is delivery address item 1? ? Yes - If YES, enter below: ? No _ .y cam, 3. Service Type X3 Certified Mail Express mail ? Registered IN Return Receipt for Merchandise ? Insured Mall 0 C.O.D. 4. Restricted Delivery? (Extra Fee) j4DYes ' Numbw from service radeq 7002 0860 DOC11 5848 8331 PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 ?' 4 t- ? ? C? 4 "r?S --? ' -;`Y i L ;'Ct T 1 ..?- - _ _ -? ? ?1 't - - ?_{ ,,,.., ?..? ?My ? ?. C,..? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE L. HESS, Plaintiff IA "le No. 07-12b V S. RONALD D. HISS, IN DIVORCE Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/Defendant in the above matter, I select one by marking "X" J X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of Michelle L. Wiser, and gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. 704. DATE: u, ''?y L Sign ure a 7) ,J ?-- Signa re of name bean resumed COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On this, the bO- day of 200,x, before me the undersigned officer, personally appeared A iche L. Hess, known to me (or satisfactorily proven) to be the person whose name is subscribed to the foregoing instrument and acknowledge that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. No ary Pub r ? , E NO$ COMMON% Qr?? 1 hh VI 1 4 ?'? ryt !Tl ? of v R7r P r n a.wr?rM 42L , CIE= MICHELLE L. WISER, F/N/A MICHELLE L. HESS Plaintiff V. RONALD D. HESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 07-126 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301 (c) of the Divorce Code was filed on January 8, 2007, and served on January 16, 2007 by certified mail, restricted delivery. 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 THE FOREGOING 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. d DATE: Mic le L. Wiser, Plaintiff i TAP 2003 APP 28 Al? 5r 50 ???.s#4f 1..F... 'i y MICHELLE L. WISER, F/N/A MICHELLE L. HESS Plaintiff V. RONALD D. HESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 07-126 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER 43301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in 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 THE FOREGOING 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: ',;i Mi elle L. Wiser, Plaintiff OF : HE 28 9 APR 28 iH 9; 51 f f , t_' L. HESS, : IN THE COURT OF COMMON PLEAS. OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law : No. 07-126 RONALD D. HESS, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 8, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. verify that the statements made in this Affidavit are true and correct. I that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Date: :,I -V,7- Ronald D. Hess, Defendant OF THE' 2009 H Y 22 ?? t 4' Cu ?, AGCHE? LE L. HESS, Plaintiff RON. 2. 3. 4904, Date: D. HESS, Defendant IN THE COURT OF COIQiON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Civil Action- Law : No. 07-126 IN DIVORCE WAIVER OF NOTICE- OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE consent to the entry of a final decree of divorce without notice. understand that I may lose rights concerning alimony, division of property, s fees or expenses if I do not claim them before a divorce is granted. understand that I will not be divorced until a divorce decree is entered by the and that a copy of the decree will be sent to me immediately after it is filed the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I that false statements herein are made subject to the penalties of 18 Pa. C.S. § ina to unsworn falsification to authorities. S=ad o? '? M 'W? ; L-,). - ,_e?.?- Ronald D. Hess, Defendant Q i f !.? .?M1d 4'-)1Y.j1 ! i AO V 2W MAY ?2 A 9. 3) 2 -PEW L MICHELLE L. HESS, Plaintiff V. RONALD D. HESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07-126 CIVIL TERM IN 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 §3301(c) 3301(d)(1) ef the Diver-rae Cede. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: by certified mail, restricted delivery on January 16, 2007. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff. 04/23/09 by Defendant: 05/21/09 (b) (1) Date of execution of the affidavit required by §3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiffs affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (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: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: April 28, 2009 Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: May 22, 2009 `?Ifi&.nk 5j,0AjjS.0N - C n Hannah Herman-Snyder, Esquire GRIFFIE & ASSOCIATES Attorney for Plaintiff P'y : 17- €D"sa`iy 2, 9 hI i I 1 i 1 MICHELLE L. (HESS) WISER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RONALD D. HESS NO. 07-126 DIVORCE DECREE AND NOW, 1v rt L 2 , 103 , it is ordered and decreed that MICHELLE L. (HESS) WISER plaintiff, and RONALD D. HESS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. The parties' Separation and Property Settlement Agreement entered into May 4, 2009 is incorporated herein, but not merged. By the Court, Attest: J. 2460dv Prothonotary 3 o9`. -' •09 a