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HomeMy WebLinkAbout98-06359 ~ .u , ~ '- ~ ~ ~ u .... , ~ t. '... u ~ t ~ r - " .'J , ~i ~! ~! ~i ~I ! . I a...; ~' .1 ~\ GORDON R, DEITERICK, ) IN THE COURT OF COMMON Plaintiff ) PLEAS OF CUMBERLAND COUNTY, ) PENNSYLVANIA ) VS, ) CIVIL ACTION - LAW ) ) NO, fip "..tr?CIVIL TERM LAUREEN K, DEITERICK, ) 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 foregoing 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 in divorce or annulment may be entered against you by the court. A judgment may also 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 1 Courthouse Square Cumberland County Court House Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, OIVISION 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 ii Ii GORDON R, DEITERICK, 'I Plaintiff Ii vs. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUREEN K, DEITERICK, Defendant CIVIL ACTION - LAW NO, 9r..t-l$? CIVIL TERM IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Oomestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania, You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse, If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling, II " .' '... - i. Ii i' i! if ;j , , . I I ! GORDON R, DEITERICK, Ii Plaintiff V5. ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LAUREEN K, DEITERICK, Defendant NO, 'i; (. '1 "'1 CIVIL TERM IN DIVORCE COMPLAINT IN D.nlQ,BCE AND NOW comes the above-named Plaintiff, GORDON R, DEITERICK, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff Is GORDON R, DEITERICK, an adult individual who currently resides at 125 Westover Drive in New CUlnberland, Cumberland County, Pennsylvania. 2, The Defendant is LAUREEN K, DEITERICK, an adult individual who currently resides at 125 Westover Drive in New Cumberland, Cumberland County, Pennsylvania, 3, Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint, 4, The Plaintiff and Defendant were married on April 3D, 1989 in Camp Hill, Pennsylvania, 5, There have been no prior actions of divorce or annulment between the parties, 6, This marriage is irretrievably broken, GORDON R, DEITERICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA vs, CIVIL ACTION. LAW LAUREEN K, DEITERICK, Defendant NO, 98.6359 CIVIL TERM IN OIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce in this action, " " '. Ii )i " !. II ~~,., ~QQJ Sa . L, Ande l5 :+ I'\~ A ttorney for Plaintiff 1 0<. Supreme Court 10 17225 525 North 12'h Street Lemoyne, PA 17043 (717) 761-5361 " '. !i Ii " Ii Ii I! I , , I I I , i , II I. 'I I , I I I II II _.. ..,,___,~,~---_'::J.i('-A;"'~;:;'H;~.~>~_~ ;i\ n ...r, -, ~; '-) " , - :':::J .:J '"U,-.: :-) .'i;n ClJq -< "'- .'., "~I -::-0, ,~ ..:.' (n... co -. . -<4_ :."_: ~;~ !~L ;:,. ..'-n ~CI ::;.: ~~! ~.') :tD '2 ;.)i:'1 'c .:.:, ~ '" ~. :iJ r" -< t. I ".. . '.' " / f 'ip I' I "i " , r '-....' , ~ ~'-l ,"' I , I \ I i I , , '-"'\ lj1i . I " . SliER I FF' S IWTtJlm . OUT OF COUNTY C^S~: NO: 1998-063S9 I' CO~jj.iONWEAL TH OF PE~~j'~~;YI.,V l',j';; /..,: COUNTY OF CUMBERLi\ND Q.r:;rTEI,l}CK GC?~DO!i-.J'u______,__.. VS, DEITERICK LAtJl<EEN K R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: DEITERICK LAUREEN K but was unable to locate Her in his bailil>'ick, lie therefore deputized the sherif f of DAUPHIN County, Pennsylvania, to serve the within REINST-COMPLAINT/AVAIL COUNSEL On November 4th, 1999 the attached return from this office was in receipt of DAUPHIN County, Pennsylvania, Sheriff's Costs: Docketing Out of County Surcharge Dep. Dauphin Co 18,00 9.00 8.00 29,25 ~bq.~~ SAMUEL L, ANDES 11/04/1999 So :::;'7IS;/ ~ ' }f!/J:W'.v< ~ ~~omas Kllne, erlrf Sworn and subscribed to before me this 9 CG day of Itflu, ~ 19 91 A,D, ~ C, 7?~ W,aLr r .l:-'roc.honoc.ary I ,.I;; ." .~ 0 , t\,j c;: f.' U...",,'f'r',j~. C.,:Ht; I ','IEklff'5 uf fleE .I'i'rct. (UI.'~H (C,III-I-l.:'" .1.';,;;,,1:':);:( " :"::i' RECEIVlU , ~ ~ '.... . GORDON R, DEITERICK, Plaintiff IN TI IE COURT OF COMMON PLEAS ('UMBERLAND ('OUNTY, PENNSYLVANIA v, NO, 98-6359 LAUREEN K, DE IT ERICK, Defendant CIVIL ACTION - LAW IN DIVORCE COUNTER-AFFIDA VIT UNDER li 330Hd) OF THE DIVORCE CODE I, Check either (a) or (b): CI (a) I do not oppose tbe entry of a divorce decree, ''Fi (b) I oppose Ihe entry of a divorce decree because: /' t3( (i) The parlies to this action have not lived separate and apart for a period of atleasttwo(iye;rs, CI (ii) The marriage is not irretrievably broken, 2, CI (a) I do nOI 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 be~ore divorce is grallled. (b) I wisb to claim economic relief wbich may include alimony, division of property, law er's fees or expenses or other important righls. I understand that in addition to checking (b) above. I must also file all of my economic claims with Ihe Prothonotary in writing and serve them on the other palty, If I fail to do so before the date set forlh on Ihe Notice of Intention 10 Request a Divorce Decree, the divorce deeree may be enlered without further notice to me, and I shall be unable thereafter 10 file any economic claims delay, I verify that Ihe statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to Ihe penalties of 18 Pa,C,S, ~ 4904 relating to unsworn falsification to authorities. Dated: 1/-15'J2U~ ~tvlLb, I' /J),)juwk 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 RELlEF, YOU SHOULD NOT FILE THIS COUNTER-AFFlDA VIT. Doc/lII/elll #: /8985i,/ . n:IHI F/CATE OF SU~vln: /1, AND NOW, lhis /(0 day of November, 2lKKl, I. Meliss.. I.. Slickel, Esquire, of Melzger, Wickersham. Knauss & Erh, P.C.. :Illorney.s lilr I...ureen K, lJeileriek, herehy cenify ilia I I served a copy of lhe within Coul1ler-Mlid..vil Under 3301(d) lhis d..y by deposiling lhe '..me ill Ihe Uniled Slales mail, pOSl:'ge prep..id, :ulI..rrishurg, Pennsylv:mia, addressed 10: Samuel L. Andes, Esquire 525 Nonh Twelfth Slreel 1',0, Box 168 Lemoyne, PA 17043 Respeclfully submilled, METZGER. WICKERSHAM, KNAUSS & ERB, P,C, By: Melissa L. Slickel. Esquire Allorney ID No,: 85869 321 I Norlh Front Slreel 1',0, Box 5300 Harrisburg, PA 17110 (717) 238-8187 Attorneys for Defendant /JOCllml!1II #: 18985 i.1 '... CEIU'IFICATI; OF SERVICE AND NOW, this 1St" day of Novcmbcr, 2(XJO, I. Mclissa 1.. Sliekcl, Esquire, of MClzgcr, Wickcrsham, Knauss & Erb, P.C.. aUorneys for Laurccn K. Dcilcrick, hercby ccnify Ihat I scrved a copy of thc wilhin Praecipc this day by dcpositing Ihc samc in Ihc Uniled Slatcs mail, poslagc prcpaid, at Harrisburg, Pennsylvania, addrcsscd 10: Arlhur K. Oils, Esquire 1017 Norlh Front Street Harrisburg,PA 17102 Samuel L. Andes, Esquirc 525 North Twclflh Strcct 1',0, Box 168 Lemoync,PA 17043 Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P,C, By: VWi()IJJ rI Jtfihl Melissa L. Stickel, Esquire Attorney ID No,: 85869 3211 North Front Street P,O, Box 5300 Harrisburg, PA 17110 (7 I 7) 238.8 I 87 Attorneys for Defendant Document #: /89lf(Jl./ "' [ II !i [' .' Ji " d GORDON R, DEITERICK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLANO COUNTY, PENNSYLVANIA :1 i! II .: Ii :! q Ii Ii '1 I. Ii II II II !I I vs, CIVIL ACTION. LAW NO. ga.6359 CIVIL TERM LAUREEN K, DEITERICK, Defendant IN DIVORCE AFFIDAVIT" OF SERVICE BY _CERTIFIED_MAIL AMY M, HARKINS, being duly sworn according to law. deposes and says as follows: 1, That she is an employee of Samuel L, Andes, attorney for the Plaintiff herein, 2, That on 3 November 2000, she delivered to the U.S, Postal Service in Lemoyne, Pennsylvania, as certified mail (Receipt No,7099 3400 0006 0356 2875) return receipt requested, addressed to the Oefendant herein, a true and correct copy of the Affidavit of Consent and Waiver of Notice. 3, Said return receipt card is attached hereto as Exhibit A showing a date of delivery to the Defendant on 4 November 2000, ~'~R~Luw Sworn to and subscribed before me this 2 I 5<- day of NOI/EtI1D~ , 2000, 10;/.- au~,jdL NotaryPublic, I, NOIARlAl SEAL lE~NovENHRENFElO, NOrARY PUBLIC E BORO., CUMBERLAND CO MY COMMISSION EXPIRES AUG. J7, 2004 -....;....... L i !J ;: I' I! vs, ) ) ) ) ) ) ) ) ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GORDON R. DEITERlCK, Plaintiff 'I !, , !, '1 ;! II I I ! CIVIL ACTION - LAW NO, 98-6359 CIVIL TERM LAUREEN K. DEITERlCK, Defendant IN DIVORCE PLAINTIFF'S OBJECTION TO DEFENDANT'S INTERROGATORIES I \ objects to Defendant's Interrogatories in this matter for the following matters: I 1. No economic claims have been raised in this case to date and, as a result, formal \' discovery requesting financial information about the assets and incomes of the parties is not permitted by the Rules of Court, I 2, The Interrogatories exceed forty in number, including the primary questions and sub-parts, in violation of the local Rules of Cumberland County which limit Interrogatories to forty or less in number, AND NOW comes the above-named Plaintiff, by his attorney, Samuel L, Andes. and 3, The Interrogatories are unnecessarily detailed and burdensome. For example, Interrogatory 12 would require Plaintiff to (list all tangible personal property) he owns and provide a description and estimated value of such value and Interrogatory 31 would require Plaintiff to list separately various categories of tangible personal property and provide elaborate and unnecessary information about them. WHEREFORE, Plaintiff objects to the Interrogatories filed by Defendant in this matter and asks this court to excuse him from answering the same, --~~~ s2:( Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 Ii Ii " " ,,{' , ii I' 11 .' Ii i! CERTIFICATE OF SERVICE :j " II 'I I hereby certify that I served an original of the foregoing Objection to " I' , Defendant's Interrogatories upon counsel for the Defendant herein by regular mail, postage prepaid, addressed as follows: I' II II Melissa L, Van Eck, Esquire 3211 North Front Street P,O. Box 5300 Harrisburg, PA 17110-0300 il II II I Date: I ,I II I I 12 March 2002 s~ Attorney for Plaintiff