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HomeMy WebLinkAbout03-4073KATHLEEN OESER, Plaintiff ALFRED OESER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE NO. O3-~07.~2IVIL TERM NOTICE TO DEFEND AND CLA/M RIGHTS 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 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 hearing. KATHLEEN OESER Plaintiff VS. ALFRED OESER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW DIVORCE NO. 03-//~T~ CIVIL TERM COMPLAINT UNDER 23 Pa. C.S. ~ 3301(c)(d) and 3301(a)(6) OF THE DIVORCE CODE The Plaintiff, Kathleen Oeser, by her attorneys, the Family Law Clinic, sets forth the following cause of action: 1. Plaintiff is Kathleen Oeser, who currently resides at 28 North 21st Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant is Alfred Oeser who currently resides at 160 Acorn Dr., Alum Bank, Bedford County, Pennsylvania, 15521. 3. Plaintiff has been a bona fide resident of Cumberland County and 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 May 15, 1980 in Queens County, New York. 5. Plaintiff and Defendant have lived separate and apart since September, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Defendant has offered such indignities to Plaintiff, an injured and innocent spouse, as to render her condition intolerable and life burdensome. 9. Plaintiff has been advised that counseling is available and that Plaimiffmay have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. Respectfully Submitted, Date: Certified Legal lntem '"'~~.THOMAS M. pL A~C E~ ROBERT E. RAiNS LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLiNIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Kathleen Oeser VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. §4904, the undersigned verify that the statements made in the foregoing Complaint are true and correct, to the best of our knowledge, information, and belief. 7 - ~ -o 3 Date Date Kathleen Oeser Haila Foumier KATHLEEN OESER Plaintiff VS. ALFRED OESER Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-qo73cIVIL ACTION- LAW DIVORCE PRAECIPE TO PROCEED 1N FORMA PAUPERIS To the Sherif: Kindly allow Kathleen Oeser, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, ana Certified Legal Intern LUCY JOHNSTON-WALSH Supervising Attorneys FAM1LY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 KATHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - Divorce : NO. 03-~o'~3CIVIL TERM PETITION FOR APPOINTMENT OF A GUARDIAN AD LITEM PURSUANT TO Pa. R.C.P. ~2509 NOW COMES, Kathleen A. Oeser, Plaintiff in the above captioned matter by and through her counsel, the Family Law Clinic, and proposed Guardian Ad Litem, Halia Foumier, and file this Petition for Appointment of a Guardian Ad Litem, pursuant to Pa.R.C.P. §2059, and in support thereof respectfully represent the following: 1. Kathleen Oeser resides at 28 North 21st Street, Camp Hill, PA 17011, and is the plaintiff in the above captioned divorce action. 2. It is necessary that a guardian ad litem be appointed to Ms. Oeser because Ms. Oeser is partially incapacitated as set forth herein. 3. Ms. Oeser was in an automobile accident on February 17, 2001, in which she suffered a head injury. 4. The accident has left Ms. Oeser without the ability to receive and evaluate information effectively and communicate decisions. She is impaired to such a significant extent that she is partially unable to manage the essential requirements for physical health and safety. 5. Ms. Oeser must have a guardian ad litem appointed to assist her in regard to this action. 6. Hailia Foumier lives at 26 North 21st Street, Camp Hill, PA 17011. 7. Ms. Fournier is Ms. Oeser's brother's wife. 8. Ms. Foumier lives next door to Ms. Oeser and ensures that her physical, psychological, and economic needs are met on a daily basis. 9. Ms. Fournier is willing to supervise and control the conduct of the action on Ms. Oeser's behalf. 10. Kathleen Oeser is willing to have Ms. Foumier supervise and control the divorce proceeding. WHEREFORE, Petitioners pray the Court to appoint Ms. Fournier guardian ad litem of Kathleen Oeser under the provisions of, Pa. R.C.P. §2059 for purposes of this action only. Respectfully Submitted, Lara Mammana Certified Legal Intern ROBERT E. RA1NS LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLiNIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Counsel for Kathleen Oeser VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. §4904, the undersigned verify that the statements made in the foregoing Complaint are tree and correct, to the best of our knowledge, information, and belief. Date Kathleen Oeser Date Haila Foumier KATHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant IN THE COURT OF' COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - Divorce : NO. 03-qo?~'CIVIL TERM DECREE AND Now, ~ ~ ~l~ ,upon consideration ofthe annexed petition, Hailia Foumier is appointed guardian ad litem of Kathleen Oeser for the legal matter of her divorce from Alfred Oeser. KATHHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03-4073 CIVIL TERM VERIFICATION OF SERVICE Understanding that the making of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. §4904 (relating to unsworn falsification to authorities), the undersigned verifies that Lara Mammana mailed a true copy of a Divorce Complaint on the Defendant by placing the same in the U.S. Mail, certified no. 7000 1670 0001 8782 9998, restricted delivery, return receipt requested, postage prepaid, on the 25th, day of August, 2003 addressed as follows: Alfred Oeser 160 Acorn Drive Alum Bank, PA 15521 Sender's receipt no. 7000 1670 0001 8783 0000 is attached hereto and incorporated by reference. On the 2 day of September, 2003, green return receipt no. 7000 1670 0001 8782 9998 was delivered to the Family Law Clinic, bearing the signature Alfred Oeser and showing a date of service of August 29, 2003. The return receipt is attached hereto and incorporated by reference. L~a~a Mamm~tna Certified Legal Imern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 l!°° aC, om Item 4 if Re~tricted Delivmy is de~lred. · Print your name and addm~ on the reveme so that we cen return the card to you. · Attach this card to the back of the maJlpiece, or on the front If space pe~nlt~. 2. Article Number (Copy from sen, ice labeO KATHHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03-4073 CIVIL TERM 2003. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 20, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Date Kathleen Oeser Plaintiff Haila Foumier Guardian Ad Litem KATHHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 03-4073 CIVIL TERM 2003. AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on August 20, 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. Date Alfr~e~Oeser Defendant KATHHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03-4073 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c} OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 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. Date: ~,- ~-I - 03 Kathleen Oeser Plaintiff Haila Foumier Guardian Ad Litem KATHHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03-4073 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF TItE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 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 immediateiy 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. Date: 1-123'- 05/ KATHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03-4073 CIVIL TERM CERTIFICATE OF SERVICE I, Abigail J.W. Salawage, hereby certify that on this 16th day of January, 2004, I am serving a true and correct copy of the Plaintiff's and Defendant's Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree Under 3301(c) of the Divorce Code on Alfred Oeser, residing at 160 Acorn Drive, Alum Bank, PA 15521, by first class U.S. mail, postage prepaid. Dhte ' Xbigailq[W. $filawage aY' Legal Intern FAMILY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 717-243-2968 KATHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : 1N DIVORCE : :NO. 03-4073 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: August 29, 2003, by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff, December 17, 2003; by the defendant, January 13, 2004. 4. Related claims pending: none. 5. Date plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the pronthonotary: January 16, 2004. Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the pronthonotary: January 16, 2004 Date: March 11,2004 Abigait~J.W. ~galawage ~//b~fft,~ _ _ THOI~IC~M. PLACE,,// ROBERT E. RAINS ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243 -2968 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE Of PENNA. Kathleen A. Oeser Plaintiff VERSUS Alfred Oeser Defendant No. Q$-4073 AND NOW, DECREE IN DIVORCE __, IT IS ORDERED AND DECREED THAT T4a~hl~n A. C~ser , PLAINTIFF, AND A1 f~-~r-] ~=ser , 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; ATTEST: J · P~~q OtH O N OTA rY KATHLEEN A. OESER, Plaintiff ALFRED OESER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : IN DIVORCE : : NO. 03-4073 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiffin the above matter, haviflg been granted divorced fi:om the bonds of matrimony on the 16th day of March, 2004, hereby elects to retake and hereafter use her previous name cf Kathleen A. Fommier, m~d gives t_his w:dtten notice avowing her intention to do so pursuant to the provisions of 54 Pa. C.S. §704. Wishes To Be Known As: Kath[e~n A. Oeser en A. Foumier COMMONWEALTH OF PENNSYLVANIA: SS. On this '2_h,~ day of ~,4 , 2004, before me, a Notary Public, personally appeared Kathleen A. Oeser, known ~o me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for thc propose therein contained. IN WITNESS WHEREOF' I have hereuntg's'~NnY h,-,["and and N°~i~~ "NOTARIAL SEAL Cstrle Jo~,n ,~ng~r, No~r~ ~ My Commission Expire~ Sept. 7,