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HomeMy WebLinkAbout00-02620 .-~. .- ~ J ~; Craig C. Lautenschlaeger, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000 Oo-.;U...;to e u< tr~ CIVIL ACTION - LAW Deborah Lynn Lautenschlaeger, 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 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 of 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 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, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas 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. - - Craig C. Lautenschlaeger, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2000 - d (,:J.c c.t..u u..-.. Deborah Lynn Lautenschlaeger, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Craig Lautenschlaeger, by and through his attorneys, Wix, Wenger & Weidner, and files the within Complaint against the Defendant, averring as follows: Count I - l Jnder Section 3301 (c) and 3~01 (d) of the nivorce Code 1. Plaintiff is Craig Lautenschlaeger, an adult individual who currently resides at 143 North 21st Street, Apt. 1, Camp Hill, Cumberland County, Pennsylvania 17011. Plaintiff has lived at said address since March 16, 2000. 2. Defendant is Deborah Lynn Lautenschlaeger, an adult individual who currently resides at 3 Albert Lane, Apt. 8, Dillsburg, York County, Pennsylvania 17019. Defendant has lived at such address since October 1, 1998. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 4th, 1999 in Upper Allen Township, Cumberland County, Pennsylvania 17055. 5. The Plaintiff and Defendant are both citizens of the United States of America and are not members of the Armed Forces. - "- ~~ ~ -~, 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 7. This action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that he may have the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 (c) or Section 3301 (d) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce Code"). COllnt II - I Jnder Section ~~01 la)(6) of the Divorce Code 10. Paragraphs 1 through 9 hereof are incorporated herein by reference. 11. In violation of her marriage vows and the laws of the Commonwealth of Pennsylvania, the Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and his life burdensome. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 (a)(6) of the Divorce Code. COllnt III - Equitable Distriblltion 12. Paragraphs 1 through 11 hereof are incorporated herein by reference. 2 , ~ ~ ~ -- --- 13. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3501 of the Divorce Code. 14, Defendant may have owned, prior to the marriage, property, real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "marital property." 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint, and substantial portions of said property are in the exclusive control of Defendant. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree for Equitable Distribution pursuant to Section 3501 of the Divorce Code. Respectfully submitted, WIX, WENGER & WEIDNER "'- By: David R. Getz, Esquire Attorney I.D. #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 DATED:~I2f ,2000 3 , .........,-, VFRIFICATION I, Craig C. Lautenschlaeger, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.S.A. Section 4904, ",'at". to "",wom la',II'",lIo, to authOriti'~~ ~La""'''h'aog", a'otffi DATED: 4- -20 .2000 4 " 'e~ , ,'",,1, :,,-,- ""I":,,, ':'~",':' ' 1:",;,,' ,; , " '" ,-- ,',',', "-, ~"~~.,,~ ~-"",',- ~ ", "','; ';," ,-,"" ,,',' "'''-I '1 " , , , Craig C. Lautenschlaeger, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY , PENNSYLVANIA NO. 2000-02620 Deborah Lynn Lautenschlaeger, Defendant CIVIL ACTION - LAW 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 of 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 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, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas 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, " '. Craig C. Lautenschlaeger, Plaintiff v. IN THE CURT OF COMMON PLEAS CUMBER AND COUNTY, PENNSYLVANIA Deborah Lynn Lautenschlaeger, Defendant AND NOW, comes the Plaintiff, Craig Lauten chlaeger, by and through his attorneys, Wix, Wenger & Weidner, and files the wit in Complaint against the Defendant, averring as follows: 1. Plaintiff is Craig Lautenschlaeger, an a ult individual who currently resides at 66 Skyline Drive, Mechanicsburg, Cumber and County, Pennsylvania 17055. Plaintiff has lived at said address since Marc 16, 2000. 2. Defendant is Deborah Lynn Lautenschl eger, an adult individual who currently resides at 3 Albert Lane, Apt. 8, Dillsburg, ork County, Pennsylvania 17019. Defendant has lived at such address since October 1, 1998. 3. Plaintiff and Defendant have been bon fide residents of the Commonwealth of Pennsylvania for at least six mont s previous to the filing of this Complaint. 4. The Plaintiff and Defendant were marri d on September 4th, 1999 in Upper Allen Township, Cumberland County, pennsyl ania 17055. 5. The Plaintiff and Defendant are both cit zens of the United States of America and are not members of the Armed Forces. ,_co- "' " ;,., _':--, ,,;'i-;,~-,/i:, "-N" ",,',__~,:,;, -i"_ ~:j~",,;.,;.J. i ;;,:;,;; , '<, ''''" _.,.,' ._~. "".i;' .. " 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 7. This action is not collusive. 8. Plaintiff has been advised of the availability of counseling and understands that he may have the right to request that the Court require the parties to participate in counseling. 9. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 (c) or Section 3301 (d) of the Pennsylvania Divorce Code of 1980, as amended (the "Divorce Code"). COIlnt II - I Jnder Section 3301 (fl)(6) of the Divorce Code 10. Paragraphs 1 through 9 hereof are incorporated herein by reference. 11 . In violation of her marriage vows and the laws of the Commonwealth of Pennsylvania, the Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render his condition intolerable and his life burdensome. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce pursuant to Section 3301 (a)(6) of the Divorce Code. Count III - Fqllitflble [)iRtribution 12. Paragraphs 1 through 11 hereof are incorporated herein by reference. 2 "~'C_'"'C '.' ~ ",I~,--',,", ,', ','-, C~,' "~"" co,' , ' ',_ v ',~ '; :";' ';;,; .,:~~,;; ,_:,~: ~",i,'" , ~.! .. " '. " 13. During the marriage, Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to equitable distribution under Section 3501 of the Divorce Code. 14. Defendant may have owned, prior to the marriage, property, real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "marital property." 15. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint, and substantial portions of said property are in the exclusive control of Defendant. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree for Equitable Distribution pursuant to Section 3501 of the Divorce Code, Respectfully submitted, WIX, WENGER & WEIDNER " By: David R. Getz, Esquire Attorney I.D, #34838 508 North Second Street P.O. Box 845 Harrisburg, PA 17108-0845 (717) 234-4182 DATED: !'\4:7 .J-- ,2000 3 H .~-~.L,w~,,; VERIFICATION I, Craig C. Lautenschlaeger, Plaintiff in the foregoing Complaint, have read the foregoing Complaint and hereby affirm and verify that it is true and correct to the best of my personal knowledge, information and belief. I verify that all of the statements made in the foregoing are true and correct and that false statements made therein may subject me to the penalties of 18 Pa.C.SA Section 4904, ,,'ating to "oawom ,,,,lftoa1l0" to a<rthOritl'~A _ ~ I"~ ~L'"ta"~tiff DATED: 4- -20 ,2000 4