HomeMy WebLinkAbout02-5384
II
Shane R. Anthony,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Aline T. Anthony,
Defendant
CIVIL ACTIOti-
NO. .0,). - .j 3 Kif
IN Dl\10RCE
NOT ICE
T 0
DEFEND
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 aJso 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 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:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
II
Shane R. Anthony,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Aline T. Anthony,
Defendant
CIVIL ACTION
NO.
IN DIVORCE
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above captioned action in
divorce. By virtue of Section 202 of the Pennsylvania Divorce
Code, it is a duty of the Court to advise both parties of the
availability of counseling and upon request of either provide both
parties a list of qualified professionals who provide such
services.
Accordingly, if you desire counseling a list of marriage
counselors is available in the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
II
I Shane R. Anthony,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
Aline T. Anthony,
Defendant
CIVIL ACTION
NO. Od.. _ S36'1
IN DIVORCE
CONSOLIDATED COMPLAINT IN DIVORCE
1. Plaintiff is Shane R. Anthony, a citizen of PennsYlvania,
residing at 7 SUnny Lane, Dillsburg, York County, PennsYlvania.
2. Defendant is Aline T. Anthony, a citizen of PennsYlvania,
residing at 1609 Elm Street, New CUmberland, CUmberland County,
PennsYlvania.
3. Plaintiff and Defendant are sui iuris and have been bona fide
residents of the Commonwealth of PennsYlvania for at least six
months immediately preceding the filing of this Complaint.
4 .
July
The parties are hUsband and wife and were lawfully married on
6, 1999, in York County, PennsYlvania.
5. The marriage is irretrievably broken.
6. Neither Plaintiff nor Defendant are in the military or naval
service of the United States or its allies within the provisions
of the Soldiers' & Sailors' Civil Relief Act of the Congress of
1940 and its amendments.
7. There has been no prior action for divorce or annulment
instituted by either of the parties in this or any other
jurisdiction.
8. The Plaintiff has been advised of
counseling and of the right to request that
parties to participate in counseling.
the availability of
the Court require the
"
I
COUNT I
9. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
Request for Divorce Due to Irretrievable Breakdown
Under 3301 (c) of the Divorce Code
10. The marriage of the parties is irretrievably broken.
11. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an affidavit
consenting to a divorce. Plaintiff believes that Defendant may
also file such an affidavit.
12. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if both parties file affidavits to a divorce after
ninety (90) days have elapsed from the filing of this Complaint,
Plaintiff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 3301(c) of the Divorce Code.
COUNT II
13. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
Request for Divorce Due to Irretrievable Breakdown
Under 3301 (d) of the Divorce Code
14. The marriage of the parties is irretrievably broken.
15. After a period of two (2) years has elapsed from the date of
separation, Plaintiff intends to file his affidavit of having
lived separate and apart.
/I
116
Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the Parties to participate in such cOUnseling.
WHEREFORE, if two (2)
separation and Plaintiff
respectfully requests the
pursuant to 3301(d) of the
years have elapsed from the date of
has filed his affidavit, Plaintiff
Court to enter a Decree of Divorce,
Divorce Code.
Respectfully sUbmitted,
DISSINGER and DISSINGER
~~~~~ney ;~:Oi~~iff ~
Supreme Court ID # 85556
28 N. 32nd Street
Camp Hill, PA 17011
(717) 975-2840
"
I
VERIFICATION
I, Shane R. Anthony, verify that the statements made in the
Divorce Complaint 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.
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Shane R. Anthony, Plaintiff
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II
Shane R. Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
Aline T. Anthony,
Defendant
CIVIL ACTION
NO. 02-5384
IN DIVORCE
AFFIDAVIT OF MAILING
Karen L. Koenigsberg, attorney for Plaintiff, being duly
sworn according to law, says that she mailed by United States
Certified Mail, Restricted Delivery, return receipt requested, a
true and correct copy of the Plaintiff's Complaint in Divorce in
this action to the Defendant at her residence, and that Defendant
did receive same as evidenced by the signed receipt dated November
7, 2002 attached hereto as Exhibit "A".
Sworn to and subscribed
before me this ~ day
of llo~b.o...... , 2002.
dl~ L .~~
'Notary Public '
NOTARIAl. SEAL
lEJGH ANN SNYDER, NoI8Iy PublIc
~- Pen)' County
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Law Offices of Lee E. Oesterling, LLC
42 East Main Street
Mechanicsburg, P A 17055
(717) 790-5400
IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT,
CUMBERLAND COUNTY, PENNSYLVANIA
SHANE R. ANTHONY
Plaintiff / Respondent,
No, 07-'i1R4 (]VTT TF.RM
v,
Civil Action - Divorce
Request for Counseling
ALINE T. ANTHONY
Defendant / Petitioner
REQUEST FOR COUNSELING PUIRSUANT
TO 23 Pa. C.S. ~~3301 and 3302 and Pa. RC.P. 1920.45
Petitioner, Aline T. Anthony, by her attorney, Lee E. Oesterling, Esquire files this petition
requesting counseling, and avers:
1. That petitioner is Aline T, Anthony, an individual residing at 1609 Elm Street, New
Cumberland, Cumberland County, Pennsylvania,
2. That respondent is Shane R. Anthony, an individual residing at 7 Sunny Lane, Dillsburg
York County, Pennsylvania,
3. That a divorce complaint was filed by plaintiff-respondent on November 6, 2002 on the
ground[s] of:
irretrievable breakdown;
4. That the petitioner-defendant desires to attempt reconciliation under the provisions of
The Divorce Code, 23 Pa. C.S. SS 3302 et seq.
WHEREFORE, petitioner-defendant requests your Honorable Court to require up to three
counseling sessions within 90 days following the filing of the divorce complaint under S 202(b) and
Pa. R.C.P. 1920.45(c)(I)].)
Respectfully submitted,
/
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/ Lee E. Oester mg, Esquire
I Supreme CourtI.D.# 71320
I 42 East Mai Street
Mechanicsburg, P A 17055
(717)790-5400
VFRTFWA nON
I verify that upon personal knowledge or information and belief that the statements made in this
Request for Counselling 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,
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Aline T, Anthony, Defendant
Date: J / / ;). 0 10 d.-
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SHANE R. ANTHONY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COill~TY, PENNSYL VANIA
v.
CIVIL ACTION - LAW
ALINE T. ANTHONY,
Defendant
NO. 02-5384 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of December, 2002, upon consideration of Defendant's
Request for Counseling Pursuant To 23 Pa. C.S. ~~330l and 3302 and Pa. R.C.P.
1920.45, a Rule is hereby issued upon Plaintiff to show cause why the reliefrequested
should not be granted.
RULE RETURNABLE within 10 days of service.
BY THE COURT,
..
J.
V Karen Lynn Koenigsberg, Esq.
28 N. 32nd Street
Camp Hill, PA 17011
Attorney for Plaintiff
vLee E. Oesterling, Esq.
42 East Main Street
Mechanicsburg, P A 17055
Attorney for Defendant
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3:+t:C-
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vs,
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION ". [Lr-
NO, D;t - SJ,"'" L.to~ . l~
IN DIVORCE [
Shane R. Anthony,
plaintiff
Aline T. Anthony,
Defendant
NOTICE OF INTENTION ~m REQUEST
ENTRY OF S 3301(d) DIVORCE DECREE
TO: Aline Anthony, Defendant
You have been sued in an action for divorce, You have
failed to answer the complaint or file a counter-affidavit to
the ~ 3301 (d) affidavit. Therefore, on or after September 11,
2002, 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 wi'ch 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 L~~ER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ON:e:, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WH:e:RE YOU CAN GET LEGAL HELP.
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
"
i Shane R, Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CilllBERLAND COUNTY
PENNSYLVANIA
vs.
Aline T. Anthony,
Defendant
CIVIL ACTION
NO.
IN DIVORCE
COUNTER-AFFIDAVIT UNDER S 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 of a 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 (2) 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 HI Pa.C.S. ~ 4904 relating to
unsworn falsification to authorities,
Date:
Al:Lne Anthony, Defendant
NOTICE:
IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE
DECREE AND YOU DO NOT WIi3H TO MAKE ANY CLAIM FOR
ECONOMIC RELIEF, YOU SHOUI,D NOT FILE THIS COUNTER-
AFFIDAVIT.
II
Shane R, Anthony,
Plaintiff
vs.
Aline T. Anthony,
Defendant
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION
NO,
IN DIVORCE
CERTIFICATE OF SERVICE
I, Karen L, Koenigsberg, hereby certify that on the date set
forth below I served a true and correct copy of the foregoing
document upon the attorney for Defendant/Respondent, Aline
Anthony, by First Class United States mail addressed as follows:
Date:
q{ O/lJL/
Lee E. Oesterling, Esquire
42 East Main Street
Mechanicsburg, PA ~055
~'en L. Koenigsber
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Shane R. Anthony,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS
OF C~~BERLAND COUNTY
PENNSYLVANIA
CIVIL ACTION // I L-
NO. 0:2 - S- Jpv.y LtC); l. l~
IN DIVORCE I
Aline T, Anthony,
Defendant
AFFIDAVIT OF HAVING LIVED SEPARATE AND APART
UNDER SECTION 3301(d) OF THE DIVORCE CODE
NOTICE TO THE DEFE:NDANT
If you wish to deny any of the statements set forth in this
Affidavit, you must file a Counter-affidavit within twenty (20)
days after this Affidavit has beeDI served on you or the
statements will be admitted.
Plaintiff's Affidavit under Section 3301(d) of the Divorce
Code.
I, The parties to this action separated on September 11, 2002,
and have continued to live separate and apart for a period
of two (2) years.
1. The marriage is irretrievably broken,
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, I verify that the statements made in this
Affidavit are true and correct. I understand that
false statements
penalties of 18
falsification to
herein are made subject
Pa, C,S. ~4904 relating to
authorities.
to the
unsworn
Date:
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Shane Anthony, Plaintiff
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vs,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-5384 CIVIL
SHANE R. ANTHONY,
Plaintiff
ALINE T, ANTHONY,
Defendant
ORDER OF COURT
AND NOW, this \ t ~ day of October, 2004, upon consideration of Plaintiffs
praecipe to transmit record, and it appearing that Defendant's Request for Counselling
remains pending, and that Plaintiffs Notice ofIntention To File Praecipe To Transmit
Record was served simultaneously with or prior to Plaintiffs affidavit under Section 3301(d)
ofthe Divorce Code in contravention of Burdick v, Burdid" 41 Cumberland L.J, 64 (1991), a
divorce decree will not be entered at this time, without prejudice to the parties' rights to
correct the deficiencies and file a new praecipe to transmit record,
BY THE COURT,
.;Karen L, Koenigsberg, Esquire
28 N, 32nd Street
Camp Hill, PA 17011
For the Plaintiff
>
~ee E, Oesterling, Esquire
42 East Main Street
Mechanicsburg, PA 17055
For the Defendant
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Shane R. Anthony,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
Aline T. Anthony,
Defendant/Respondent
CIVIL ACTION
NO. 02-5384
IN DIVORCE
MOTION
AND NOW COMES, Shane R. Anthony, by and through his attorneys
Dissinger and Dissinger and requests the court to issue Rule upon
Defendant/Respondent to show cause why court ordered counsel ing
should proceed and in support of this petition avers as follows:
1. Petitioner is Shane R. Anthony, Plaintiff in the within divorce
action.
2. Plaintiff/Petitioner resides at 4910 Bretney Drive, Harrisburg,
Dauphin County, Pennsylvania.
3. Defendant/Respondent, Aline T. Anthony, is represented by Lee
E. Oesterling, Esquire.
4.
Defendant/Respondent
counseling.
filed a motion requesting marital
5. The parties went to counseling for three (3) sessions although
it was not court ordered.
6. The parties have lived separate and apart for an excess of two
(2) years and it is Plaintiff/Petitioner's desire to finalize
this divorce.
7. Defendant/Respondent's counsel was contacted and asked to
withdraw the Petition for Marital Counseling and his response
was that because he had no idea where his client was and mail
sent to her was being returned, and he had no authority to
withdraw the petition seeking marital counseling.
8. Plaintiff/Petitioner does not know Defendant/Respondent's
whereabouts, as the last contact they had was at the conclusion
of their last marital counseling session in 2003.
WHEREFORE, Plaintiff/Petitioner does not believe that his
divorce should be held up because Defendant/Respondent has either
~oved or is not accepting mail from her counsel and requests that a
Court issue a rule upon her counsel ot record to show cause why the
divorce should not be granted and the request for marital counseling
be denied.
Respectfully Submitted,
DISSINGER AND DISSINGER
~ {;( ?A:trc~ _
M~ry'A. Etter Dissinger' d
Attorney for Plaintiff/Petitioner
Supreme Court ID #27736
28 North 32~ Street
Camp Hill, PA 17011
(717) 975-2840
VERIFICATION
I, Shane R. Anthony, 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.
~4904 relating to unsworn falsification.
~~ --_.~
'Shane R. Anthony, Plaintiff/Petitioner
Shane R. Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
Aline T. Anthony,
Defendant
CIVIL ACTION
NO. 02-5384
IN DIVORCE
CERTIFICATE OF SERVICE
I, Mary A. Etter Dissinger, hereby certify that on the date set
forth below I served a true and correct copy of the foregoing
document upon the attorney for Defendant/Respondent, Aline Anthony,
by First Class United States mail addressed as follows:
Lee E. Oesterling, Esquire
42 East Main Street
Mechanicsburg, PA 17055
Date:
Ifj;L 'juy
~4~~.
Mary A. Etter Dissing~
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II
Shane R. Anthony,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
Aline T. Anthony,
Defendant/Respondent
CIVIL ACTION
NO . 02 - 53 84
IN DIVORCE
MOTION
AND NOW COMES, Shane R. Anthony, by and through his attorneys
Dissinger and Dissinger and requests the court to issue Rule upon
Defendant/Respondent to show cause why court ordered counseling
should proceed and in support of this petition avers as follows:
1. peti tioner is Shane R. Anthony, Plaintiff in the wi thin divorce
action.
2. Plaintiff/Petitioner resides at 4910 Bretney Drive, Harrisburg,
Dauphin County, Pennsylvania.
3. Defendant/Respondent, Aline T. Anthony, is represented by Lee
E. Oesterling, Esquire.
4.
Defendant/Respondent
counseling.
filed a motion requesting marital
5. The parties went to counseling for three (3) sessions although
it was not court ordered.
6. The parties have lived separate and apart for an excess of two
(2) years and it is Plaintiff/Petitioner's desire to finalize
this divorce.
II
7. Defendant/Respondent's counsel was contacted and asked to
withdraw the Petition for Marital Counseling and his response
was that because he had no idea where his client was and mail
sent to her was being returned, and he had no authority to
withdraw the petition seeking marital counseling.
8. Plaintiff/Petitioner does not know Defendant/Respondent's
whereabouts, as the last contact they had was at the conclusion
of their last marital counseling session in 2003.
WHEREFORE, Plaintiff/Petitioner does not believe that his
ivorce should be held up because Defendant/Respondent has either
or is not accepting mail from her counsel and requests that a
ourt issue a rule upon her counsel OL record to show cause why the
ivorce should not be granted and the request for marital counseling
e denied.
Respectfully Submitted,
DISSINGER AND DISSINGER
~~{).?~
Mary . Etter Dlsslnger
Attorney for Plaintiff/Petitioner
Supreme Court ID #27736
28 North 32~ Street
Camp Hill, PA 17011
(717) 975-2840
II
VERIFICATION
I, Shane R. Anthony, 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.
~4904 relating to unsworn falsification.
~~~-~
Shane R. Anthony, Plaintiff/Petitioner
"
Shane R. Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUfl1BERLAND COUNTY
PENNSYLVANIA
vs.
Aline T. Anthony,
Defendant
CIVIL ACTION
NO . 02 - 53 84
IN DIVORCE
CERTIFICATE OF f3ERVICE
I, Mary A. Etter Dissinger, hereby certify that on the date set
forth below I served a true and correct copy of the foregoing
document upon the attorney for Defendant/Respondent, Aline Anthony,
by First Class United States mail addressed as follows:
Lee E. Oesterling, Esquire
42 East Main Street
Mechanicsburg, PA 17055
I :Date: '1;.2 tf/ I Oy
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Shane R. Anthony,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
Aline T. Anthony,
Defendant/Respondent
CIVIL ACTION
NO . 0:2 - 53 84
IN DIVORCE
RULE
AND NOW this 274 day of l:)~ Co , 2004, a Rule is
issued upon Defendant/Respondent to show cause why the petition for
marital counseling should not be denied. Rule returnable ten (10)
days after service.
By
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SHANE R. ANTHONY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
ALINE T. ANTHONY,
Defendant
CIVIL ACTION
NO. 02-5384
IN DIVORCE
MOTION TO MAKE RULE ABSOLUTE
The Motion respectfully represents:
1. On November 29, 2004, Plaintiff filed a Motion asking the
court to issue Rule upon Defendant's counsel to Show cause why the
divorce in this matter should not be granted and the request for
marital counseling be denied.
2. A Rule To Show Cause was issued on December 2, 2004,
returnable ten (10) days from date of service.
3. As of January 12, 2005, Defendant has not responded to the
rule to show cause.
4. The parties have lived separate and apart for an excess of
two (2) years and Plaintiff desires to finalize the divorce.
5. Plaintiff voluntarily attended counseling with Defendant
after she filed her Petition for Marital Counseling, therefore, the
Petition for Counseling was never heard and a Court Order was not
issued.
6. Counsel for Defendant will not file a Praecipe with the
Prothonotary withdrawing his request for counseling so that the
court can proceed with finalizing the divorce.
7. Plaintiff filed his Affidavit of Having Lived Separate and
I Apart on September 14, 2004, and it was served on Defendant
I September 17, 2004.
8. Plaintiff filed his Praecipe to Transmit the Record
accompanied by the Notice of Intention to file Praecipe to Transmit
the Record on October 7, 2004.
9. No other issues are pending in the divorce.
WHEREFORE, Plaintiff respectfully requests this Honorable Court
to deny Defendant's Petition for Counseling and proceed with
processing the final Divorce Decree.
Respectfully submitted,
DISSINGER AND DISSINGER
-'\....
a, en L. Koeni sberg
Counsel for Plaintiff
Supreme Court ID #85556
28 North 32~ Street
Camp Hill, PA 17011
(717) 975-2840
p
VERIFICATION
I, Karen L. Koenigsberg, verify that the foregoing facts are
true and correct. I understand that false statements herein are
made subj ect to the penal ties of 18 Pa. C. S. ~4 904, relating to
unsworn falsification to authorities.
SHANE R. ANTHONY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
ALINE T. ANTHONY,
Defendant
CIVIL ACTION
NO. 02-5384
IN DIVORCE
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, Esquire, do hereby certify that a copy
of the foregoing document has been duly served upon Lee E.
Oesterling, Esquire, attorney for Defendant, by depositing same ln
the United States Mail, postage prepaid, addressed as follows:
Lee E. Oesterling, Esquire
42 East Main Street
Mechanicsburg, PA 17055
Date:
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Shane R. Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs,
Aline T. Anthony,
Defendant
CIVIL ACTION
NO, 02-5384
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:
3301(d) of the Divorce Code,
Irretrievable breakdown under ~
2. Date and manner of service of the Complaint: November
7, 2002, by United States Certified Mail, Restricted Delivery.
3. (1) Date of execution of the Affidavit of Having Lived
Separate and Apart required by ~ 3301 (d) of the Divorce Code:
September 14, 2004; (2) Date of filing and service of the
Plaintiff's Affidavit upon the Defendant: September 17, 2004,
4. Related claims pending: None.
5, Date and manner of service of the Notice of Intention to
File Praecipe to Transmit Record, a copy of which is attached:
September 15, 2004, by US Mail to Defendants attorney, Lee E.
Oesterling.
Respectfully submitted,
DISSINGER AND DISSINGER
/
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Date: /-']/-Os,
1/.71. (0
a en L, Koenigs rg
Attorney for Plaintiff
28 N. 32nd Street
Camp Hill, PA 17011
717-975-2840
cc: Shane R, Anthony
Lee E, Oesterling, Esquire
Shane R, Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
Aline T, Anthony,
Defendant
CIVIL ACTION
NO, O.:l. -S-JJ>1
IN DIVORCE
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NOTICE OF INTENTION TO REQUEST
ENTRY OF ~ 3301(d) DIVORCE DECREE
TO: Aline Anthony, Defendant
You have been sued in an action for divorce, You have
failed to answer the complaint or file a counter-affidavit to
the 3 3301 (d) affidavit. Therefore, on or after September 11,
2002, 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
Light to Jsk [or CCUll(jli\ic: relief. Thc~ 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 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.
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
Shane R, Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs,
Aline T, Anthony,
Defendant
CIVIL ACTION
NO,
IN DIVORCE
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 of a 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 (2) 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,
cli\/i;::;ioll c:[ propC:Lt'{ I l:':-i.il/i'C::::- r ~J =cc_s 0::: c:.:.:pcnflC'S :i:: 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:
Aline Anthony, Defendant
NOTICE:
IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE
DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR
ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-
AFFIDAVIT.
Shane R. Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs,
Aline T. Anthony,
Defendant
CIVIL ACTION
NO,
IN DIVORCE
CERTIFICATE OF SERVICE
I, Karen L, Koenigsberg, hereby certify that on the date set
forth below I served a true and correct copy of the foregoing
document upon the attorney for Defendant/Respondent, Aline
Anthony, by First Class United States mail addressed as follows:
Date:
q It< /0 1
I 1
Lee E, Oesterling, Esquire
42 East Main Str et
. Mechanicsburg, PA 17055
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SHANE R, ANTHONY,
Plaintiff
v,
ALINE T, ANTHONY,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO, 02-5384 CIVIL TERM
ORDER OF COURT
AND NOW, this 25th day of January, 2005, upon consideration of Plaintiff's
Motion To Make Rule Absolute, the motion is granted, the Rule issued on December 2,
2004, is made absolute, and Defendant's petition for further marital counseling is denied.
JWren Lynn Koenigsberg, Esq,
v28 N, 32nd Street
Camp Hill, P A 17011
Attorney for Plaintiff ?
~e E, Oesterling, Esq,
42 East Main Street
Mechanicsburg, PA 17055
Attorney for Defendant
:rc
BY THE COURT,
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JAN 1 9 2005 rf\
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SHANE R. ANTHONY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENJifSYLVANIA
vs.
ALINE T, ANTHONY,
Defendant
CIVIL ACTION
NO. 02-5384
IN DIVORCE
ORDER
AND NOW this
, 2005, it is hereby
day of
ORDERED that Plaintiff's Motion to Make Rule Absolute is granted and
Defendant's Petition for Marital Counseling is denied. This court I
will issue a final divorce decree upon satisfaction that the
appropriate documents have been filed with the Prothonotary.
BY THE COURT:
J,
"
SHANE R. ANTHONY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs,
ALINE T. ANTHONY,
Defendant
CIVIL ACTION
NO, 02-5384
IN DIVORCE
MOTION TO MAKE RULE ABSOLUTE
The Motion respectfully represents:
1, On November 29, 2004, Plaintiff filed a Motion asking the
court to issue Rule upon Defendant's counsel to Show cause why the
divorce in this matter should not be granted and the request for
marital counseling be denied.
2. A Rule To Show Cause was issued on December 2,2004,
returnable ten (10) days from date of service.
3, As of January 12, 2005, Defendant has not responded to the
rule to show cause,
4. The parties have lived separate and apart for an excess of
two (2) years and Plaintiff desires to finalize the divorce,
5. Plaintiff voluntarily attended counseling with Defendant
after she filed her Petition for Marital Counseling, therefore, the
Petition for Counseling was never heard and a Court Order was not
issued,
6, Counsel for Defendant will not file a Praecipe with the
Prothonotary withdrawing his request for counseling so that the
court can proceed with finalizing the divorce,
II
,I
7. Plaintiff filed
Apart on September 14,
September 17, 2004.
his Affidavit of Having Lived Separate and
2004, and it was served on Defendant
8, Plaintiff filed his Praecipe to Transmit the Record
accompanied by the Notice of Intention to file Praecipe to Transmit
the Record on October 7, 2004.
9, No other issues are pending in the divorce.
WHEREFORE, Plaintiff respectful~y requests this Honorable Court
to deny Defendant's Petition for Counseling and proceed with
processing the final Divorce Decree,
Respectfully submitted,
DISSINGER AND DISSINGER
/
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/ 'X J~A... .'
--' a' en :L, Koeni sberg
Counsel for Plaintiff
Supreme Court ID #85556
28 North 320d Street
Camp Hill, PA 17011
(717) 975-2840
II
VERIFICATION
I, Karen L. Koenigsberg, verify that the foregoing facts are
true and correct. I understand that false statements herein are
made subj ect to the penal ties of 18 Pa, C. S. !;4904, relating to
unsworn falsification to authorities,
"
/
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cic
"
SHANE R, ANTHONY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
ALINE T. ANTHONY,
Defendant
CIVIL ACTION
NO. 02-5384
IN DIVORCE
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, Esquire, do hereby certify that a copy
of the foregoing document has been duly served upon Lee E.
Oesterling, Esquire, attorney for Defendant, by depositing same in
the United States Mail, postage prepacid, addressed as follows:
Lee E, Oesterling, Esquire
42 East Main Street
Mechanicsburg, PA 17055
Date:
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JAN 1 \l LU\l"?rf'
SHANE R, ANTHONY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
ALINE T, ANTHONY,
Defendant
CIVIL ACTION
NO. 02-5384
IN DIVORCE
ORDER
AND NOW this
day of
, 2005, it is hereby
ORDERED that Plaintiff's Motion to Make Rule Absolute is granted and
Defendant's Petition for Marital Counseling is denied, This court
will issue a final divorce decree upon satisfaction that the
appropriate documents have been filed with the Prothonotary.
BY THE COURT:
J.
II
JAN 1 9 2005
yf
SHANE R. ANTHONY,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
ALINE T, ANTHONY,
Defendant
CIVIL ACTION
NO. 02-5384
IN GIVORCE
ORDER
AND NOW this
day of
, 2005, it is hereby
Absolute is granted and
ORDERED that Plaintiff's Motion to Make Rule
Defendant's Petition for Marital Counseling is denied, This court
will issue a final divorce decree upon satisfaction that the
appropriate documents have been filed with the Prothonotary,
BY THE COURT:
J.
SHANE R. ANTHONY,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v,
CIVIL ACTION - LAW
ALINE T, ANTHONY,
Defendant
NO, 02-5384 CIVIL TERM
ORDER OF COURT
AND NOW, this 9th day of February, 2005, upon consideration of Plaintiffs most
recent praecipe to transmit record, filed January 31, 2005, and it appearing from the
praecipe that Plaintiff has still not complied with the holding in Burdick v. Burdick, 41
Cumberland L.J, 64 (1991), that the Notice of Intention To File Praecipe To Transmit
Record may not be served less than 20 days after service of Plaintiffs affidavit under
Section 3301(d) of the Divorce Code, a divorce decree will not be entered at this time
without prejudice to the parties' rights to correct the deficiency and file a new praecipe to
transmit record,
BY THE COURT,
~en Lynn Koenigsberg, Esq,
28 N. 32nd Street
Camp Hill, PA 17011
Attorney for Plaintiff )
~E, Oesterling, Esq,
42 East Main Street
Mechanicsburg, PA 17055
Attorney for Defendant
~
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shane R, Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs,
Aline T, Anthony,
Defendant
CIVIL ACTION
NO, 02-5384
IN DIVORCE
NOTICE OF INTENTION TO REQUEST
ENTRY OF II 3301(d) DIVORCE DECREE
TO: Aline Anthony, Defendant
You have been sued in an action for divorce. You have failed to
answer the complaint or file a counter-affidavit to the !l 3301 (d)
affidavit, Therefore, on or after March 11, 2005, 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
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.
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
"
Shane R. Anthony,
Plaintiff
IN TEE COURT OF COMMON PLEAS
OF ClMBERLAND COUNTY
PENNSYLVANIA
vs,
line T. Anthony,
Defendant
CIVIL ACTION
NO. 02-5384
IN DIVORCE
COUNTER-AFFIDAVIT UNDER !l 3301i[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 of a 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 (2) years,
ii, The marriage is not irretrievably broken.
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
Iso file all of my economic claims with the prothonotary in writing
nd serve them on the other party. If I fail to do so before the
II
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 lEI Pa,C.S. ~ 4904 relating to
unsworn falsification to authorities,
Date:
Aline Anthony, Defendant
NOTICE:
IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF.
YOU SHOULD NOT FILE THIS COtmTER-AFFIDAVIT.
II
Shane R. Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CIVIL ACTION
NO. 02-5384
IN DIVORCE
Aline T, Anthony,
Defendant
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, hereby certify that on the date set
forth below I served a true and correct copy of the foregoing
document upon the attorney for Defendant/Respondent, Aline Anthony,
and upon Defendant by First Class United States mail addressed as
follows:
Lee E. Oesterling, Esquire
42 East Main Street
Mechanicsburg, PA 17055
Aline Anthony
1609 Elm Street
Cumberland, PA 17070
New
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Shane R. Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
Aline T, Anthony,
Defendant
CIVIL ACTION
NO. 02-5384
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:
3301(d) of the Divorce Code.
Irretrievable breakdown under 1l
2, Date and manner of service of the Complaint: November
7, 2002, by United States Certified Mail, Restricted Delivery.
3, (1) Date of execution of the Affidavit of Having Lived
Separate and Apart required by 1l 3301 (d) of the Divorce Code:
September 14, 2004; (2) Date of filing and service of the
Plaintiff's Affidavit upon the Defendant: September 17, 2004,
4. Related claims pending: None.
5. Date and manner of service of the Notice of Intention to
File Praecipe to Transmit Record, a copy of which is attached:
February 17, 2005, by US Mail to Defendants attorney, Lee E.
Oesterling and to Defendant's last known address,
Respectfully submitted,
DISSINGER AND DISSINGER
Date:
311 <;1 D 5
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. I A D f\.L .0. u t'vGwV, ('. ,- .;J
,/ ~en L. Cummi gs 1
Attorney for Plaintiff
Supreme Court ID: 85556
28 N. 32nd Street
Camp Hill, PA 17011
717-975-2840
cc: Shane R. Anthony
Lee E, Oesterling, Esquire
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Shane R. Anthony, IN THE COURT OF COMMON PLEAS
Plaint if f OF CUMBERLAND COUNTY
PENNSYLVANIA ~~ "
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CIVIL ACTION . ,-,
line T, Anthony, NO, 02-5384 ' ,
Defendant IN DIVORCE
-
NOTICE OF INTENTION TO REQUEST
ENTRY OF ~ 3301(d) DIVORCE DECREE
(,.."\
0: Aline Anthony, Defendant
r'."\
f.\
You have been sued in an action for divorce. You have failed to
nswer the complaint or file a counter-affidavit to the a 3301 (d)
ffidavit, Therefore, on or after March 11, 2005, the other party
an request the court to enter a final decree in divorce,
If you do not file with the prothonotary of the court an answer
ith your signature notarized or verified or a counter-affidavit by
he above date, the court can enter a final decree in divorce, A
ounter-affidavit which you may file with the prothonotary of the
ourt 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
ay grant the divorce and you will lose forever the right to ask for
relief. The filing of the form counter-affidavit alone
1 ,~onomic
(l no Il I- r......~ n r "'TC"'1'P r:'C-."'-:lc<r: r, c:l:lin::::;.
'1"" ,n, ~.,C _C ,C , .,._C
~OU SHOULD TAKE THIS PAPER TO YOUR LAWYER
AT ONCE.
IF YOU DO NOT
VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE
ET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
-,
Shane R, Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs,
line T. Anthony,
Defendant
CIVIL ACTION
NO, 02-5384
IN DIVORCE
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 of a 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 (2) years,
ii, The marriage is not irretrievably broken,
Check either (a) or (b)
a,
I do not wish to make any claims for economic relief,
I
II
understand
that
I
may lose rights concerning alimony,
lawyer's fees or expenses if I do I
a divorce is granted, I
division of property,
not claim them before
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
la lso file all of my economic claims with the prothonotary in writing
nd 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
ade subject to the penalties of 18 Pa.C.S. ~ 4904 relating to
nsworn falsification to authorities.
ate:
Aline Anthony, Defendant
OTICE:
IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE
AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF,
YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT.
>>
"1
Shane R. Anthony,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
Aline T. Anthony,
Defendant
CIVIL ACTION
NO, 02-5384
IN DIVORCE
CERTIFICATE OF SERVICE
I, Karen L. Koenigsberg, hereby certify that on the date set
forth below I served a true and correct copy of the foregoing
document upon the attorney for Defendant/Respondent, Aline Anthony,
and upon Defendant by First Class United States mail addressed as
follows:
. 'Lee E, Oesterling, Esquire
42 East Main Street
Mechanicsburg, PA 17055
Aline Anthony
1609 Elm Street
New Cumberland, PA 17070
Date: .;1 - I ( -0 S
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IN THE COURT OF COMMON PLEAS
.
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OF CUMBERLAND COUNTY
PENNA.
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.
STATE OF
Shane R. Anthony,
.
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.
Plaintiff
NO,
02-5384
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VERSUS
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.
Aline T. Anthony,
Defendant
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DECREE IN
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DIVORCE
AND NOW,
1M ~J.A 50
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DECREED THAT
Shane R. Anthony
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,
Aline T. Anthony
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, PLAINTIFF,
, 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;
,
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None.
By THE COURT:
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