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Home My WebLink About03-2539Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SHELLY B. LOTZ : Plaintiff, : V. .. ROBERT L. LOTZ, JR. : Defendant : No. 03-,,753'9 Civil Action - Divorce NOTICE TO DEFEND AND CI,AIM OF RIGHT,R YOU HAVE BEEN SUED IN COURT. I fyou 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. 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 NOTICE OF AVAII,ABIIJTY OF COUNSEIJNG THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. § 3301(a)(6) - Indignities 23 Pa.C.S. § 3301(c) - Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. § 3301(d) - Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6194. LEE E. OESTE_RLI~G & ASSOCIATES, LLC Lee E. Oesterling, I.D. # 71320- - / Attorney for Plaintiff / 42 East Main Street / Mechanicsburg, PA 17055 (717)790-5400 Law Offices of Lee E. Oesterling & Associates, LLC 42 East Main Street Mechanicsburg, PA 17055 (717)-790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SHELLY B. LOTZ Plaintiff, V. ROBERT L. LOTZ, JR. Defendant No. 0_4-~5'J9 Civil Action - Divorce COMPLAINT UNDER SECTION 3301 (D) OF THE DIVORCE CODE 1. Plaintiff is Shelly B. Lotz, an adult individual, sui juris, who currently resides at 422-D N. Enola Drive, City of Enola, County of Cumberland, Commonwealth of Pennsylvania 17025. 2. Defendant is Robert L. Lotz, Jr., an adult individual, sui juris, who currently resides at 4824 Brian Road, City of Mechanicsburg, County of Cumberland, Commonwealth of Pennsylvania 17055. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this complaint. 4. The parties were married on the 6t~ day of April, 1991 in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6.There have been no prior actions for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7.For purposes of § 3301(d) of the Divorce Code, the parties have been living separate and apart since on or about April 20th, 2000. 8. The marriage is irretrievably broken. 9.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. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER ff 3301(D) OF THE DIVORCE CODE 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(D) of the Divorce Code. LEE E. OESTERLING & ASSOCIATES, LLC VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are tree 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. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SHELLY B. LOTZ Plaintiff, Vo ROBERT L. LOTZ, JR. Defendant No. 0~5~ .~.q3q' Civil Action - Divorce Unilateral Affidavit § 3301 (d) of the Divorce Code NOTICE IF YOU WISH TO DENY ANY OF THE STATEMENTS SET FORTH IN THIS AFFIDAVIT, YOU MUST FILE A COUNTER AFFIDAVIT WITHIN TWENTY DAYS AFTER THIS AFFIDAVIT HAS BEEN SERVED ON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER 23 P.S. § 3301 (D) OF THE DIVORCE CODE 1. The parties to this action separated on April 20, 2000 and have continued to live separate and apart for a period of at least two 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 if I do not claim them before a divorce is granted. VERIFICATION I verify that upon personal knowledge or information and belief 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. Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA SHELLY B. LOTZ : Plaintiff, : : No. 03-2539 Civil Term : Civil Action - Divorce ROBERT L. LOTZ : Defendant : C~RTT~TCAT[~ (~F ~q~RN/3'C~ nY C~RTIFII~[} MAll, Lee E. Oesterling, Esquire, attorney for Plaintiff in the above-captioned Divorce, deposes and says that he mailed a copy of the Notice to Defend and Divorce Complaint filed in this matter by certified mail, restricted delivery, and first class mail to the Defendant, Robert L. Lotz at 4824 Brian Road, Mechanicsburg, PA 17055 on June 24, 2003. Deponent further says that the certified mail #7002 3150 0002 0774 0008 was received on June 25, 2003 and that the first class mail was not returned and has not been returned as of the date of this affidavit. A true an~rLoorreetq:~y of the verified divorce omplaint is attached hereto as Exhibit "A". Lee 1}~' Oesterling, Esquire -- 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 Attorney for Plaintiff · CompLete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: rlAddressee O. Is delivery address differen~ from 3 Yes If YES, enter delivery address below: F'I NO ROBERT L. LOTZ 4824 BRIAN ROAD MECHANICSBURG, PA 2. Article Number (Transfer from se~'ice label) PS Form 3811, August 2001 3. Service Type ' 1 7 0 5 5~; ~1 Cert!fled M~d r3 Express Ma~l ~1 [-~ Registered [] Return Receipt for Merchandise L~F'i Insured Mail r-i C.O.D. 102595-02-M' 54 Domestic Return Receipt IPostage&FeesPaid! I usPs j ~Permit No.G-10 J · Sender:Please pdntyourname, addmss, and ZIP+4inthis box. BENJAMIN F. JOHNS LEE E. OESTERLING AND ASSOCIATES, LLC 42 EAST MA1N STREET MECHANICSBURG, PA 17055 h"llh',lH,,,,hh,hh,,Ihh,l,,hh,,,ihh,h,hlhh,i Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA SHELLY B. LOTZ : Plaintiff, : : No. 03-25q9 ROBERT L. LOTZ Defendant Civil Action - Divorce COPY NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: ROBERT L. LOTZ You have been sued in an action for divorce. You have failed to answer the complaint or file a counter- affidavit to the Plaintiffs § 3301 (d) affidavit. Therefore, on or after December 16, 2003 the plaintiff 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. 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 divome and you will lose forever the right to ask for economic relief. A COUNTERAFFIDAVIT WIIlCH YOU MAY FILE WITH THE PROTIiONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ON'CE. 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 No. (717) 249-3166 / Lee E. beste~uir; Supreme Court I.D. #71320 Date: 11-25-~003 Via first class mail addressed to defendant IN THE COURT OF COMMON PLEAS OF THE 9th JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA SHELLY B. LOTZ : Plaintiff, : : No. : Civil Action - Divorce : ROBERT L. LOTZ : Defendant : COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): [] (a) I do not oppose the entry of a divome 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 years. [] (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ? [] (a) I do not wish to make any claims fbr economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or ~]venses if I do not claim them before the divorce !s 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. IfI 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. VERIFICATION 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 unswom falsification to authorities. Date: Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. Law Offices of Lee E. Oesterling, LLC 42 East Main Street Mechanicsburg, PA 17055 (717) 790-5400 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, CUMBERLAND COUNTY, PENNSYLVANIA SHELLY B. LOTZ Plaintiff, ROBERT L. LOTZ Defendant No. 03-~5q9 Civil Term Civil Action - Divorce PRAF~CiPE TO TRAN,qMIT ~ R~CORB To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section ( ) 3301(c) (x) 3301(d)(1) of the Divorce Code. (Check applicable section). 2. Date and manner of service of the complaint: Service on June 25, 2003 via Certified Mail Restricted Delivery and First Class Mail Postage Prepaid. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by plaintiffNot A_n.nlies~hlf. by defendant Not A_n?lienhl~' (b) (1) Date of execution of the plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: November 20. 2002; (2) date of service of the Plaintiffs affidavit upon the Defendant:June 2_q: 2003. 4. Complete the appropriate paragraph(s). (a) Related claims pending: None (b) Claims withdrawn: None (c) Claims settled by agreement of the parties: There are no outstanding claims. (d) State whether any agreement is to be incorporated into the Decree. None. If so, attach a true and correct copy of the fully executed agreement: (e) Has a request for counseling been made by either party?: No. If so, has the counseling been completed?: N/A. 5. I certify that the notice required by Rule 1920.42(e) was mailed on: November 25, 2003 and a copy thereof is attached. LEE E. OESTERLING, LLC / 42 East Main Street Mechanicsburg, PA 17055 · (717) 790-5400 / SHELLY B. LOTZ PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF _~. PENNA. ROBERT VERSUS LOTZ DEFENDANT NO. 03-2539 CIVIL TERM DECREE IN DIVORCE AND NOW, / ! DECREED THAT SHELLY B. LOTZ AND ROBERT L. LOTZ ARE DIVORCED FROM THE BONDS OF MATRIMONY. , IT IS ORDERED AND , 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; NONE BY THE COURT: ATTEST: · PROTHONOTARY