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HomeMy WebLinkAbout07-71751 .? DOMINIQUE A. LAURENT, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. RENATA C. LAURENT, Defendant NO. 2007 - 71`7S- CIVIL TERM CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIM 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL 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 NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 -I? 1 •? DOMINIQUE A. LAURENT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007 - 7/7.5' CIVIL TERM RENATA C. LAURENT, CIVIL ACTION-LAW Defendant DIVORCE COMPLAINT 1. Plaintiff is Dominique A. Laurent, an adult individual who currently resides at 333 A Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Renata C. Laurent, an adult individual who currently resides at 805 Nisbet Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents in 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 7, 1988 in Cancun, Mexico. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in Counseling. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. it COUNT II -EQUITABLE DISTRIBUTION 8. Plaintiff hereby incorporates by reference paragraphs 1 through 7 above. 9. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Q. Date: R. Z 7 Respectfully submitted, O'BRIEN, BARIC & SCHERER Y?A ? IL Michael A. Scherer, Esquire I.D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Divorce Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904, relating to unsworn falsification to authorities. Date: O Z S p_J Dominique A. Laurent a w g a w C? G? n.? N LL -ri :t? DOMINIQUE A. LAURENT, Plaintiff V. RENATA C. LAURENT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW : NO. 07-7175 CIVIL TERM : IN DIVORCE PRAECIPE TO: Curtis R. Long, Prothonotary Please enter the appearance of the undersigned on behalf of Defendant in the above-captioned matter. Date: December 3, 2007 &Ar?< 4k Wayne F. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 "' ??,, G? f? '"L7 .....a" r?? .....,t ? ?"? -- '?_? ?° ; '?:? C:: ?: ... ? ? DOMINIQUE A. LAURENT, Plaintiff V. RENATA C. LAURENT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7175 CIVIL TERM CIVIL ACTION-LAW AFFIDAVIT OF SERVICE I hereby certify that on December 1, 2007, the United States Postal Service served upon the defendant, Renata C. Laurent, the Divorce Complaint by Certified Mail as indicated by the Certified Mail Domestic Return Receipt attached hereto as "Exhibit A:" MA DATE: / 2 • ?_' 0 -7 Michdel A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 Attorney for Plaintiff or tomplete items 1, 2, and 3. Also complete Rem 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 mailpk* or on the front If space permits. 1.rArticle Addressed to: OV 5 isb& Di2? A., C,o.AQ-U SLQ.I ?A n G l 3 -1-7,5A Received by (Prfnted Nana) C. Date of Delivery D. Is delivery address different front Item 1? ? Yea If YES, enter delivery address below: ? NO 3. Service Type Certified Mall 13 EWM Mail Registered 13 Ratum Receipt for Merchandlae 13 Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) Yea 2. ArtkdeNumber 7006 2760 0002 7405 4114 (raw wfar fkmm sar fte hd" - P3 Form 3819, Fwxury 2004 Dorrrsatic Retum Receipt 1025ee4Nt- •leao EXHIBIT "A" DOMINIQUE A. LAURENT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA C;Z V. NO. 2007-7175 CIVIL TERM v cz:D RENATA C. LAURENT, CIVIL ACTION-LAW , Defendant 7" FTI. MOTION FOR APPOINTMENT OF MASTER -?, Plaintiff, Dominique A. Laurent moves the court to appoint a master wth?respect `-" to the following claims: (x) Divorce (x) Distribution of Property Annulment () Support () Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Renata C. Laurent has appeared in the action by her attorney, Wayne Shade, Esquire. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce and equitable distribution. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: ?Z?• I0 __j& erA'Scherer, Esquire ORDER APPOINTING MASTER AND NOW, this day of , 2010, E. Robert Elicker, III, Esquire is appointed master with respect to the following claims: divorce and equitable distribution. BY THE COURT, J. JAN 2 8 2o 10 DOMINIQUE A. LAURENT, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-7175 CIVIL TERM RENATA C. LAURENT, CIVIL ACTION-LAW Defendant MOTION FOR APPOINTMENT OF MASTER -?, -r Plaintiff, Dominique A. Laurent moves the court to appoint a master withr;respoct ?_ t-" to the following claims: :_ (x) Divorce (x) Distribution of Properly Annulment () Support (j Alimony () Counsel Fees () Alimony Pendente Lite () Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is requested. (2) The Defendant, Renata C. Laurent has appeared in the action by her attorney, Wayne Shade, Esquire. (3) The statutory grounds for divorce are: 3301(c) (4) The action is contested with respect to the following claims: divorce and equitable distribution. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: not applicable DATE: 1.2?./o . Scherer, Esquire A A ORDER APPOINTING MASTER AND NOW, this a day of , 2010, E. Robert Elicker, III, Esquire is appointed master with res ct to the foll ing claims: divorce and equitable distribution. BY THE COURT, a 7,.t Co ?? cr my LcL .2/f/10 - `:Z r7 l DOMINIQUE A. LAURENT, Plaintiff V. RENATA C. LAURENT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 07-7175 CIVIL TERM : IN DIVORCE NOTICE TO DEFEND AND CLAIM 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 at CUMBERLAND COUNTY COURTHOUSE CARLISLE, PENNSYLVANIA 17013 WAYNE F. SHADE Attorney at Law 53 West Pomfret Street 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 $-P. oo Po ATTY a371S7 C Wayne -f. Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant N rn M m lw co DOMINIQUE A. LAURENT, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW V. NO. 07-7175 CIVIL TERM RENATA C. LAURENT, Defendant : IN DIVORCE ANSWER WITH COUNTERCLAIM ANSWER L-5. Admitted. 6. It is denied that the marriage is irretrievably broken. 7. The averments' of ¶7 of the Complaint, being within the exclusive knowledge of Plaintiff, are denied, and proof thereof is demanded. WHEREFORE, Defendant prays that your Honorable Court dismiss the Complaint and enter judgment in favor of Defendant and against Plaintiff. COUNT II EQUITABLE DISTRIBUTION 8. The averments' of ¶¶1 through 7 above inclusive, being at issue, no further WAYNE F. SHADE Attorney at Law response is required. 53 West Pomfret Street Carlisle, Pennsylvania 17013 9. Admitted. WHEREFORE, Defendant prays that your Honorable Court dismiss the Complaint and enter judgment in favor of Defendant and against Plaintiff. COUNTERCLAIM COUNTI DIVORCE 10. The averments of ¶¶1 through 5 above inclusive of Plaintiffs Complaint herein are incorporated herein by reference as though fully set forth. 11. Defendant avers as the grounds on which this action is based that Plaintiff has offered such indignities to the person of the Defendant, the innocent and injured spouse, as to render the condition of Defendant intolerable and the life of Defendant burdensome. 12. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 13. This action in divorce is not collusive. WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- 14. Both parties to this Action in Divorce are capable of managing their own affairs. 15. Plaintiff herein is not a member of the armed forces of the United States of America. 16. There were three children born to the parties, namely, Stephanie Susanne Laurent, born September 16, 1992, Caroline Mary Laurent, born October 16, 1994, and Kevin John Laurent, born December 16, 1997. 17. Defendant has no adequate means of support for Defendant or the children. WHEREFORE, Defendant demands judgment dissolving the marriage between the parties. COUNT II SPOUSAL SUPPORT, ALIMONY AND ALIMONY PENDENTE LITE 18. The averments of ¶T10 through 17 above inclusive are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay to WAYNE F. SHADE Attorney at Law 53 West Pomfret Street j Carlisle, Pennsylvania 17013 Plaintiff spousal support or, in the alternative, alimony and alimony pendente lite. -3- COUNT III COUNSEL FEES, EXPENSES AND COSTS 19. The averments of ¶¶10 through 17 above inclusive are incorporated herein by reference as though fully set forth. WHEREFORE, Defendant demands judgment compelling Plaintiff to pay counsel fees, expenses and costs of Defendant. F Wayne . Shade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Defendant WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- I verify that the statements made in this pleading 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: December 17, 2007 Renata C. Laurent WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 DOMINIQUE A. LAURENT, THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 07 - 7175 CIVIL RENATA C. LAURENT, Defendant IN DIVORCE TO: Michael A. Scherer , Attorney for Plaintiff Wayne F. Shade 01 Defendant for Defendant DATE: Monday, February 8, 2010 -mot ? _T r _ M `ill C"" CERTIFICATION .J `x C W [ ] I certify that discovery is complete as to the g air° for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) Outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. There are no outstanding motions. An appraisal of the marital residence is being ordered. It may be necessary to update marital debt amounts. Undersigned counsel knows of no other discovery issues. (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. Discovery should be completed in one month. 2-I Z•?° DATE vj?? kl- COUNSEC R PLAINTIFF (X) COUNSEL FOR DEFENDANT ( ) NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. of Coot, David-D. Buell e P Renee X Simpson Prothonotary y 1st Deputy Prothonotary 7CirkS. Sofionage, cSQ, ���_. �<= Irene E. Morrow Solicitor „so 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, cPennsytvania _ ^/IS CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • rFax(717 240-6573