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HomeMy WebLinkAbout02-4145EDRIC E. FETTER, Plaintiff MARGARET S. FETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ _ q/5(3.~ CIVIL TERM : IN LAW - DIVORCE NOTICE TO DEFEND AND CLAIM RIGHT~ 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 b~. entered against you by the court. A judgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may loose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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, First Floor, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM A~.~a~,~' R~ THEM. _ _ YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE ~ Tr~ THE OFFICE SET FORTH BELOW TO r~r~r~ ,~,~ tT~ ~,~ ,~v~ wnr~z YDU CAN GET-'~-GAb~ Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 EDPdC E. FETTER, Plaintiff MARGARET S. FETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM : 1N LAW - DIVORCE _COMPLAINT IN DIVORCE AND NOW COMES the Plaintiff, EDRIC E. FETTER, by his counsel, William L. Grubb, Esquire, and complains of the Defendant, MARGARET S. FETTER, as follows: COUNT I COMPLAINT UNDER SECT~ION 33~01 (c)_OR _3301 (d) OF THE D~IVORCE C~ODE_ 1. Plaintiff is EDRIC E. FETTER, who currently resides at 4107 Carrington Court West, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is MARGARET S. FETTER, who currently resides at 4107 Carrington Court West, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on December 13, 1997 at Carlisle, Pennsylvania. parties. There have been no prior actions of divorce or for annulment between the Neither party is in the Armed Services of the United States or its allies. The marriage is irretrievably broken. 8. Plaintiff has 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. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the marriage between the parties. Respectfully submitted, William L. Grubb, Esquire-~ I.D. # 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, EDRIC E. FETTER, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Edric E. Fetter, Plaintiff CERTIFICATE OF SERVICe; I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, Certified, First Class, restricted delivery, postage prepaid, at Carlisle, Pennsylvania: Margaret S. Fetter 4107 Carrington Court West Mechanicsburg, PA 17050 Date: William L. Grubb, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 EDRIC E. FETTER, Plaintiff MARGARET S. FETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO.~-0~[ q~ CIVIL TERM : IN LAW - DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING EDRIC E. FETTER, being duly sworn according to law, deposes and says: 1. 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. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. 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 understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unsworn falsification to authorities. Date: Edric E. Fetter EDRIC E. FETTER, Plaintiff MARGARET S. FETTER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02 - 4145 CIVIL TERM : IN LAW - DIVORCE PROOF OF SERVICE BY MAIL I hereby certify that a true and correct copy of the Complaint in Divorce filed in the above matter, was served on Margaret S. Fetter by first class, certified mail, return receipt requested, deliver to addressee only, at 4107 West Carrington Court, Mechanicsburg, PA 17050, on August 30, 2002. Addressee acknowledged receipt of the same on September 4, 2002, as shown by the return receipt card attached hereto as Exhibit "A". I verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. William L Gr~ubb~Esquire I.D. 72661 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery is desired. · Print your name and ad..~lress on the reverse so that we can return the card to you. · Attach this card to the back of the rnailpiece, or on the front if space permits. 1. Article Addressed to: If YES, enter delivery address betow: t-r~o ~1 [] Express Mail _ 7'£'_2~--. [] Insured Mail [] C.O.D. ~4~W,e~ ~.xtm Fee) ,~. Yes A~lcle Number (Copy from service label) · , -"/o~ai 1'~3o ,,oa,~i olq,~ Form 3811; July 1999 Domestic Return Receipt 102595,00-~ Exhibit "A" EDRIC E. FETTER, Plaintiff MARGARET S. FETTER, Defendant : IN THE COURT OF COMMON PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4145 CIVIL TERM : IN LAW - DIVORCE ~AFFIDAVIT OF CON~m~T 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 30, 2002 2. The marriage of the 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 in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit are true and correct. I understand that false s~2atements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: EDRIC E. FETTER, Plaintiff EDRIC E. FETTER, Plaintiff MARGARET S. FETTER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4145 CIVIL TERM : : IN LAW - DIVORCE ~AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 30, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days ]nave elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the 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: MARGA~T S~ER~-[ ~a n t Sworn and Subscribed and Sworn to before me, a Notary Public for the Commonwealth · >15- of Pennsylvanm, thisz9 2~_ day of ~o~ 5-- _, 2003. Notary Public EDRIC E. FETTER, Plaintiff MARGARET S. FETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 02-4145 CIVIL TERM : IN LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO ~ DIVORCE DECREE UNDER 3301 c OF THE DIVORCE CODE I. 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 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 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. Dated: EDRIC E. FETTER, Plaintiff EDRIC E. FETTER, Plaintiff MARGARET S. FETTER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-4145 CIVIL TERM IN LAW - DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST DIVORCE DECREE UNDER 3301 C OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I ,2. I understand that I may lose rights concerning alimony, division of property, awyer 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 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. Dated: MARGAR-]ET S. 'FE~I b-~endant EDRIC E. FETTER, Plaintiff MARGARET S. FETTER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 02-4145 CIVILTERM : 1N LAW - DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infbrmation to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301 (c)of the Divorce Code. Date and manner of service of the complaint: 9/04/2002, US mail, certified, restricted delivery return receipt, postage prepaid 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 August 21, 2003 by Defendant August 21, 2003. Related claims pending: NONE Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit the record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice in §3301 (c) was filed with the Prothonotary: August 21, 2003. Date defendant's Waiver of Notice in §3301(c) was filed with the Prothonotary: August 21, 2003. William L. Gmbb, Esq. '~' ' Attorney for the Plaintiff iN THE COURT OF COMMON PLEAS STATE OF Edric E. Fetter, v'laintiff of CUMBERLAND COUINTY PENNA. VERSUS Margaret S. Fetter, Def~rld~rlL NO, 02 -4145 AND NOW, DECREED THAT AND DECREE IN DIVORCE A~7 Edric E. Fetter Margaret S. fetter , PLAINTIFF, , DEFENDANT, ARE DIVORCED fROM THE BONDS OP 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; NONE ATTESt: PROTHONOTARY