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HomeMy WebLinkAbout01-6076MARY E. LINSENBACH, Plaintiff SCOTT A. LINSENBACH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2001- CIVIL TERM IN 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 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 fights 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, Cumberland County Courthouse, 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, Pennsylvania 17013 717-249-3166 1-800-990-9108 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 heating. MARY E. LINSENBACH, Plaintiff SCOTT A. LINSENBACH, Defendant : IN THE COURT OF COMMON PLEAS OF : : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW 0t-Coo7¢ 2001- CIVIL TERM : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(a)(6) AND 3301(c) OF THE DIVORCE CODE COUNTI AND NOW comes the Plaintiff, Mary E. Linsenbach, by her attorneys, Irwin, McKnight & Hughes, Esquires, and files this Complaint in Divorce against the Defendant, Scott A. Linsenbach, upon the cause of action hereinafter set forth: The name of the Plaintiff is Mary E. Linsenbach and the name of the Defendant is Scott A. Linsenbach. The Plaintiff is an adult individual who resides in Cumberland County, Pennsylvania; her current address being 21 Marilyn Drive, Carlisle, Pennsylvania 17013. The Defendant is an adult individual residing in Perry County, Pennsylvania; his current address being 115 Wheatfield Lane, Shermansdale, Pennsylvania 17090. 4. The Defendant and Plaintiff have resided in the Commonwealth of Pennsylvania for at least six months previous to the filing of this action in divorce. 5. The Defendant and Plaintiff were married on September 20, 1996 in Cumberland County, Pennsylvania; and separated on April 1, 2001. 6. There were no children bom to this marriage. 7. Pursuant to the Divorce Code, Section 3301(a)(6), the Plaintiff avers as the grounds upon which this action is based that the Plaintiff is the injured spouse and that the Defendant has offered such indignities to her as to render her condition imolerable and life burdensome. 8. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the Plaintiff demands judgment a. Dissolving the marriage between the two parties; b. Equitably distributing all property, both personal and real, owned by the parties; c. for legal fees and costs; d. for alimony; and e. for such further relief as your Honorable Court may deem equitable and just. COUNT I1 9. The averments of Paragraphs One through Six are incorporated herein by reference as though fully set forth below. 10. Plaintiff avers as the grounds upon which the Action in Divorce is based is that the marriage of the parties is irretrievably broken. 11. The averments of Paragraph Eight are incorporated herein by reference as though fully set forth below. WHEREFORE, the Plaintiff demands judgment Dissolving the marriage between the two parties; Equitably distributing all property, both personal and real, owned by the parties; for legal fees and costs; for alimony; and for such further relief as your Honorable Court may deem equitable and just. Respectfully submitted, IRWIN, McKNIG~IT & HUGHES Ma/t'cus ~, Esquire ;Ym i din 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Supreme Court I. D. No. 25476 Date: October 22, 2001 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are tree and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unswom falsification to authorities. MARY ~E. I~I!~SENBACH Date: ~ e~. 2.~ , 2001 MARY E. LINSENBACH, Plaintiff/Petitioner SCOTT A. LINSENBACH, Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF ._ : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2001-6076 CIVIL TERM : IN D1VORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (at(II(ii COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND : NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the Complaint in Divorce was served upon the defendant on October 26, 2001, by certified, restricted delivery mail, addressed to him at 115 Wheatfield Lane, Shermansdale, Pennsylvania 17090, with Return Receipt Number 7000 1530 0002 4693 5441. 3. That the said receipt for certified mail is signed and attached hereto and made a part hereof. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the ~~~904, relating to unsworn falsification to authorities Attonley for Plaintiff Date: October 29, 2001 · Compile Irons !, 2, and 3. ~Jse comp~te It em 4 If P,e~tn~-,t~l D~ I~ d~/~r~l. ·Prtm ymJr name and addrm~ of~ the ~ 115 immLTirI~U) ],ALS ff~l~lAIl~ffdk~ I~A t7090 If YES, enter deNve~ addmes below: 2. /~ticle Nurnb~* (Copy ~n ~rv~e ta~) PS Form ~811, July 1999 C~mesUc Return Receipt MARY E. LINSENBACH, : Plaintiff/Petitioner : VS. : SCOTT A. LINSENBACH, : Defendant/Respondent : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 01-6076 CIVIL TERM IN DIVORCE DR# 31152 Pacses# 707103957 ORDER OF COURT AND NOW, this 26th day of October, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on December 3, 2001 at 9:00,4.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, atter which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Mail copies on Petitioner 10-26-01 to: < Respondent Marcus Mci(night, Esquire Date of Order: October 26, 2001 BY THE COURT, George E. Hoffer, President Judge R.J. y, Conference O YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELp. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION MARY E. LINSENBACH Plaintiff VS. SCOTT A. LINSENBACH Defendant Docket Number PACSES Case Number Other State ID Number 01-6076 CIVIL 707103957 /D31152 ORDER AND NOW, to wit on this 4TH DAY OF NOVEMBER, 2002 ~ IS HEREBY ORDERED that the O Complaint for Support or O Petition to Modify or (~) Other ALIMONY PENDENTE LITE filed on OCTOBER 24, 2001 in the above captioned matter is dismissed without prejudice due to: NO ACTION BEING PURSUED THROUGH THE DOMESTIC RELATIONS SECTION SINCE NOVEMBER 29, 2001. 0 The Complaim or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DR(3:R3 Shadday xc: plaintiff defendant Timothy O'Connell, Esquire Marcus McKnight, Esquire Ke~ A. H~sss JUDGE Semi. Type N Form OE-506 Worker ID 21005 MARY E. L1NSENBACH, Plaintiff SCOTT A. L1NSENBACH, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-6076 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO THE PLAINTIFF If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements wi!! be admitted. Affidavit Under Section 3301(d) of the Divorce Code The parties to this action have continued to live separate and apart for a period of at least two years, since March, 2001. 2. The marriage is irretrievably broken. 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 this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsw°rn falsificati°nZi; ~ Date: ~"c~'-~ 'ffcoffA. Linse~h MARY E. LINSENBACH, PLAINTIFF SCOTT A. LINSENBACH, DEFENDANT : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. CIVIL ACTION - LAW : NO. 2001-6076 CIVIL TERM PRAECIPE TO DISMISS DIVORCE COMPLAINT To Curtis R. Long, Prothonotary: Please dismiss above-captioned divorce action on behalf of my client, Mary E. Linsenbach. By: ire -IUGHES 60 Wesf Pomfret Street Carlisle, Pennsylwmia 17013 (717) 249-2353 Attomey for Plaintiff Date: June 16, 2003 : IN THE COURT OF COMMON PLEAS OF MARY E. LINSENBACH, PLAINTIFF SCOTT A. LINSENBACIt, DEFENDANT : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2001-6076 CIVIL TERM CERTIFICATE OF SERVICE_ I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe to Dismiss was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Timothy J. O'Connell Turner and O'Connell 4415 North Front Street Harrisburg, PA 17110 Date: June 16, 2003 By: 1RWIN, McKNIGHT & HUGHES 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476