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Home My WebLink About03-1932LISA A. STRUTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION DONALD STRUTHERS, JR., Defendant IN DIVORCE NOTICE TO 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 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 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 the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le hah demandado a usted en la corte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o Page 1 of 2 por abogado y archival en la cone en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la cone tomarfi medidas y puede entrar una 6rden contra usted sin previo aviso o notificaeion y por cualquier queja o alivio que es ped/do en la petieion de demanda, usted puede perder d/nero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 Michael D. Rentschler, Esquire Attorney for Plaintiff Page 2 of 2 LISA A. STRUTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION DONALD STRUTHERS, JR., Defendant · NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELINC 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, please advise in writing promptly by replying to: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. Prothonotary LISA A. STRUTHERS, Plaintiff VS. DONALD STRUTHERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ·CIVIL ACTION ·NO. [q 3 IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is LISA A. STRUTHERS, a citizen of Pennsylvania, residing at 2136 Market Street, Apartment A, Camp Hill, Cumberland County, Pennsylvania. 2. Defendant is DONALD STRUTHERS, JR., a citizen of Pennsylvania, residing at 2270 Pine Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sm iuris and both have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully mamed on October 24, 1987 in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is 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 the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 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 fight 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 H Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporate herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. Two (2) years have elapsed from the date of final separation of January 1, 2001. 2 Plaintiff will file her affidavit of having lived separate and apart. The parties have been separated since January 1, 2001. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the fight to request the Court to require the parties to participate in such counseling. WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant to Section 3301 (d) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschl~r, ~squire Attorney for Plaintiff Supreme Court I.D. #45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 VERIFICATION I, LISA A. STRUTHERS, verify that the statements made in the 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 to authorities. ~/A A. S~trr~s, Plaintiff/,/' CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing Complaint in Divorce, Affidavit of Living Separate and Apart, and Counter-Affidavit, by Certified Mail, return receipt requested to the following: Donald Struthers, Jr. 2270 Pine Road Newville, PA 17241 Date: MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff LISA A. STRUTHERS, Plaintiff IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION DONALD STRUTHERS, JR., Defendant NO. IN DIVORCE AFFIDAVIT OF HAVING LIVED SEPARATE AND APART UNDER SECTION 3301(d) OF THE DIVORCE CODE NOTICE TO THE DEFENDANT 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 been served on you or the statements will be admitted. Dated: Plaintiff's Affidavit under Section 330 l(d) of the Divorce Code. 1. The parties to this action separated on January 1,2001, and have continued to live separate and apart for a period of two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in the 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 to authorities. THERS, Plaintiff LISA A. STRUTHERS, Plaintiff VS. DONALD STRUTHERS, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE CODI- 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees 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 unswom falsification to authorities. Dated: .~J' LiS-A/A~UTHERS,~' arntiff LISA A. STRUTHERS, Plaintiff VS. DONALD STRUTHERS, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION : : NO. 03-1932 CIVIL : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE TO: DONALD STRUTHERS, JR., DEFENDANT You have been sued in an action tbr divorce. You have failed to answer the complaint or file a counter-affidavit to the Section 3301(d) affidavit. Therefore, on or after July 21, 2003, 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 divome. A counter-affidavit which you may file with the prothonotary 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 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. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE 1 COURTHOUSE SQUARE CARLISLE, PA 17013-3387 (717) 240-6200 IN THE COURT OF COIVIMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff No. 2~03 -(.31C~,~ CIVIL TERM V. : Defendant : CIVIL ACTION - LAW IN DIVORCE NOTICE OF EI,ECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above captioned Divorce Action, hereby elects to retake and hereafter use her previous name of kt'80- ~. cot!Bce 0.K . This election is made pursuant to the provisions of 54 P.S. 704. Signature (m~ed nme) Commonwealth of Pennsylvania: County of Cumberland : ss: On the d-/ day of q~l,.~ , 2003, before a Notary Public. Personally appeared [-~S~ ~r- r~-C~,e ~ known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. 1N WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. Notary Pul~li~ NOTARIAL SEAL Elaine M. Regi, Notary Public Noflh Mlddleton Twp., County of Cumberland My Commission Expires Nov, 6, 2004 , LISA A. STRUTHERS, Plaintiff VS. DONALD STRUTHERS, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. d73-/ '3 IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. ~v,~heck either (a) or (b): _..j~) (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 pedod of at least two years. (ii) The marriage is not irretrievably broken. 2...~heck 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 verify that the statements made in this Counter-Affidavit are true and correct. 1 understand that false statements herein are made subject to the penaities of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. NOTICE: IF YOU DO NOT WISH TO OPPOSI~ THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. LISA A.STRUTHERS, Plaintiff vs. DONALD STRUTHERS, JR, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03-1932 CIVIL TERM IN DIVORCE PROOF OF SERVICE OF C0~PLAINT TO THE PROTMONOTARY: Service of Complaint on Defendant Donald Struthers by Certified Mail, evidenced by attached Domestic Return Receipt: MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff 1300 Market Street, suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court ID No. 45836 LISA A. STRUTHERS, Plaintiff vs. DONALD STRUTHERS, JR, Defendant TO THE PROTHONOTARY: IN THE COURT' OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION : : NO. 03-1932 CIVIL TERM : IN DIVORCE PRAECIFE TO TP~NSMIT RECORD 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(d) of the Divorce Code. 2. Date and manner of service of the Cor~laint: Certified mail, return receipt requested served on Donald Struthers, Jr., on April 30, 2003. 3. Date of signing and filing of Affidavit of Living Separate and Apart by Plaintiff, April 25, 2003. The date of signing and filing of the counter-affidavit required by Section 3301d of the Divorce Code by Defendant; signed July 4, 2003; filed July 17, 2003. Law Office of Michael D. Rentschler, P.C. MICHAEL D. REN%SCHLER, ESQUIRE Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court ID No. 45836 Date : z fI~yg 1 o4 1 IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ~~ VERSUS Donald Struthers~ Jr. NO. PENNA. __ 03-q93~ DECREE 1N DIVORCE '""~P~IIT IS ORDERED AND DECREED THAT , PLAINTIFF, AND ~n~l~] .gt"wHt-h~-g; ,~'T_ , DEFENDANT, ARE DIVORCED FROM THE BONDS OF 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; / - - v- -I p ~ OT H {/) [~D"TA Ry