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Home My WebLink About01-05514~ ~.~~rd. Lauck, Deborah/9.19.01. Divorce Complaint IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. LAUCK, Plaintiff v. CHARLES L. LAUCK, Defendant No.OI- SSly CIVIL ACTION - LAW DIVORCE NOTICE 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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 HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE CE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. ~.ND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP I-TILL, PA 17011 (717) 737-0100 xu~,~~. Lauck, DeboralJ9.19.01. Divorce Complaint IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. LAUCK, , Plaintiff v. NO. ~(-~~~N CHARLES L. LAUCK, CIVIL ACTION - LAW Defendant DIVORCE AND NOW, this day of 2001, comes the Plaintiff, DEBORAH L. LAUCK, by her attorney, DIANE G. RADCLIFF, ESQUIRE, and files this Complaint in Divorce of which the following is a statement: COUNT 2: DIVORCE The Plaintiff is Deborah L. Lauck, an adult individual residing at 219 Reno Street, New Cumberland, PA 17070. The Defendant is Charles L. Lauck, an adult individual residing at 219 Reno Street, New Cumberland, PA 17070. Plaintiff and/or Defendant have been bona fide residents of the Commonwealth for at least six (6) months previous to the filing of this Complaint. Plaintiff and Defendant were married on May 12, 1988 at West Virginia. There have been no prior actions of divorce or annulment between the parties. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. The Defendant is not a member of the Armed Services of the United States or any of its Allies. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 _2_ - _- - - u. I .. ~ - 3! Lauck, Deborah/9.19.01. Divorce Complaint 8. The Plaintiff avers that the grounds on which the action is based are: a. That the marriage is irretrievably broken; Or in the alternative, b. That the parties are now living separate and apart, and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. Or in the alternative, c. That Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. COUNT II: ALIMONY PENDENTE LITE, ALIMONY 9. Paragraphs 1 through 12 are incorporated by reference hereto as fully as though the same were set forth at length. 10. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 11. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -3- J 4-.aa.uu'a~ts- Lauck, Deborah/9.19.01. Divorce Complaint COUNT III: COUNSEL FEES 12. Paragraphs 1 through 15 are incorporated by reference hereto as fully as though the same were set forth at length. 13. Plaintiff has employed Diane G. Radcliff, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. 14. The Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. COUNT IV• CUSTODY 15. Paragraphs 1 through 14 are incorporated by reference hereto as fully as though the same were set forth at length. 16. Plaintiff seeks custody of the following Children: NAME PLACE OF RESIDENCE AGE D.O.B. Nicole J. Lauck 219 Reno St. 11 12/22/89 New Cumberland, PA Tanya L. Lauck Same 9 8/1/92 Justin C. Lauck Same 7 12/8/94 Ian M. Lauck Same 6 6/21/95 The Children were not born out of wedlock. The Children are presently in the custody of the Plaintiff and Defendant who resides at 219 Reno Street, New Cumberland, PA 17070. During the past five years, the Children have resided with the DIANE G. RADCLIFF 3448 TRiNDLE ROAD CAMP HILL, PA 17011 (7I"n 737-0100 - 4 - Lauck, DeboratJ9.19.01. Divorce Complaint following persons and at the following addresses: PERSONS ADDRESSES DATES Plaintiff and 219 Reno Street for more Defendant new Cumberland, PA 17070 than 5 years The mother of the Children is Deborah L. Lauck currently residing at 219 Reno Street, New Cumberland, PA 17070. She is married. The father of the Children is Charles L. Lauck currently residing at 219 Reno Street, New Cumberland, PA 17070. He is married. The relationship of Plaintiff to the Children is that of Mother. The Plaintiff currently resides with the following persons: NAMES RELATIONSHIP Charles L. Lauck Husband Nicole J. Lauck Daughter Tanya L. Lauck Daughter Justin C. Lauck Son Ian M. Lauck Son 5. The relationship of Defendant to the Children is that of father. The Defendant currently resides with the following persons: NAMES RELATIONSHIP Deborah L. Lauck Wife Nicole J. Lauck Daughter Tanya L. Lauck Daughter Justin C. Lauck Son Ian M. Lauck Son 6 DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 Plaintiff has not participated as a party or witness, or in -5- 9v&ikm~: Lauck, Deborah/9.19.01. Divorce Complaint another capacity, in other litigation concerning the custody of the Children in this or another court. Plaintiff has no information of a custody proceeding concerning the Children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the Children or claims to have custody or visitation rights with respect to the . 7. The best interest and permanent welfare of the Children will be served by granting the relief requested because: a. Plaintiff has been the primary caretaker of the Children. b. Plaintiff is better able to provide for the emotional and physical needs of the children. 8. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the Children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant primary legal and physical custody of the Children to the Plaintiff. Respectfully submitted, , u~YV 1 ~'8"S'x-rnd e Road Camp Hill, PA 17011 ourt ID # 32112 Phone: (717) 737-0100 Fax: (717) 975-0697 DIANE G. RADCLIFF 3448 TR[NDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 -6- .~ . Lauck, Deborab/9.19.01. Divorce Complaint VERIFICATION DEBORAH L. LAUCK verifies that the statements made in this Complaint are true and correct. DEBORAH L. LAUCK understands that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. D~,BORAH~L. LAUCK DIANE G. RADCLIFF 3448 TRINDLE ROAD CAMP HILL, PA 17011 (717) 737-0100 _ '] v C~ T , c:~ a ` `~ „ , , ,~ ~;, . - _, ~~': _„ ° ,~_ ~-, ._ . -- ~ - _4 - _ -_ Gz,. , ' c- ` c =° ;- ; ~ j^~ a; 2> ~~ ~~~ :~ ^I ~ ,~ v Deborah Lauck/9.19.01. In Forma Pauperis Petition IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. LAUCK, Plaintiff v. CHARLES L. LAUCK, Defendant NO.QI -SJl CIVIL ACTION - LAW DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow the Plaintiff, Deborah L. Lauck, to proceed in forma pauperis. I, Diane G. Radcliff, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Respectfully submitted, DIANE G; CLIFF, ESQUIRE 48 Trind Road PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0695 Supreme Court ID # 32112 Attorney for Plaintiff Deborah Lauck/9.19.01. In Forma Pauperis Petition IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DEBORAH L. LAUCK, , Plaintiff . v. CHARLES L. LAUCK, Defendant NO. CIVIL ACTION - LAW DIVORCE AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a. Personal Information: 1. Name: Deborah L. Lauck. 2. Address: 219 Reno Street, new Cumberland, PA 17070. 3. Social Security Number: 163-62-9524. b. Employment Information If you are presently employed): 1. Employer: Unemployed; Homemaker. 2. Address: N/A• Deborah Lauck/9.19.01. In Forma Pauperis Petition 3. Salary or wages per month: N A. 4. Type of work: N A. c. Prior Emplovment Information (If you are presently unemployed): 1. Date of last employment: Approximately 10 years ~~ 2. Salary or wages per month: 510.00 per hour. 3. Type of work: Secretarv. d. Other Income Within The Past Twelve Months 1. Business or profession: None. 2. Other self-employment: None. 3. Interest: None. 4. Dividends: None. 5. Pension and annuities: None. 6. Social Security benefits: None. 7. Support payments: None. 8. Disability payments: None. 9. Unemployment compensation and supplemental benefits: None. 10. Workman's compensation: None. 11. Public Assistance: None. 11. Other: None. ~. Deborah Lauck/9.19.01. In Forma Pauperis Petition e. Other Contributions to Household Support 1. Spouse's Name: Charles L. Lauck If your spouse is employed, state 2. Employer: Self Emnloved 3. Salary or wages per month: Unknown 4. Type of work: Carpet and the layer 5. Contributions from children: None f. Pro perty Owned (Value): 1. Cash: None 2. Checking Account: None 3. Savings Account: None 4. Certificates of Deposit: None 5. Real Estate (including home): None 7. Stocks: None 8. Bonds: None 9. Other: None 10. Motor vehicle: Make None Year Value Amo unt owed g. Debts and Obligations (Value): 1. Mortgage: None 2. Rent: 5500.00 ~s 3. Loans: a. None 4. Other Monthly Expenses: a. Electric $120.00 b. Water $48.00 c. Gas $100.00 d. Phone $35.00 e. Cable $29.00 f. Food $400.00 g. Clothing $50.00 h. Medical and dental $25.00 i. Entertainment $10.00 Total $817.00 h Persons Dependent upon You for Support: Spouse's Name: Children, if any: NAME AGE D.O.B. Nicole J. Lauck 10 12/22/89 Tanya L. Lauck 8 8/4/92 Justin C. Lauck 6 12/8/94 Ian M. Lauck 5 6/21/95 a 4. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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 unsworn falsification to authorities. Date :~~ -~ ~o~yXa~~._ ~ ~ {~,te C ~ DEBORAH L. LAUCK C) ~= C.7 Cm -" ri .n m ~" =p - -'. -c f., ra rL. _ -- ~.. i t"" ` ~ ~.i ±j .~ _ '~~ '. - C-1 r- -_ ~.'ri - ~ ; 7'7 -~G ~ , -*: ~i Lauck v. Lauck 10.23.01. Praecipe Reinstate Com~lair_tyy DEBORAH L. LAUCK, Plaintiff CHARLES L. LAUCK, pefendant i ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-5514 CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY OF THE SAID COURT: Please reinstate the divorce complaint filed in this matter on September 21, 2001. Respectfully submitted, Lk DIANDIAN®~CLIFF, ESQUIRE 3448 Trin e Road Ca PA 17011 Phone: (717) 737-0100 Fax: (717) 975-0697 Voice Mail: (717) 558-5518 I.D. No. 32112 Attorney for Plaintiff - 1 - ~-._ C> o ~.. ~-- a m =. ;i ; ~ ~t' ...~ r - z ~... r.a , ~~; ~, __ Vic, _~ :_~ 7>C cry %;i~ ~ `, ~ <.a =<