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HomeMy WebLinkAbout04-0185MICHAEL GEORGE AMSBAUGH, Plaintiff VS. CHERYL L. AMSBAUGH, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004- CIVIL ACTION - LAW 1N 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 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. 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 1-800-990-9108 MICHAEL GEORGE AMSBAUGH, Plaintiff VS. CHERYL L. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004- IoOxat' ~),'O'L~.~T~.~2.r~ CIVIL ACTION - LAW 1N DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE The Plaintiff is Michael George Amsbaugh, an adult individual whose current address is 183 Willow Mill Park Road, Mechanicsburg, Cumberland County, Pennsylvania 17050, and whose social security number is 195-62- 9970. The Defendant, Cheryl L. Amsbaugh, is an adult individual, whose current address is 15 Buttonwood Lane, Carlisle, Cumberland County, Pennsylvania 17013, and whose social security number is 167-66-2072. 3. Plaintiff and Defendant were married on January 10, 1989 in Havelock, North Carolina. 4. Plaintiff and Defendant have resided in the Commonwealth of Pennsylvania for a period of at least six (6) months prior to this filing. 5. Defendant is not a member of the Armed Services of the United States or its allies. 6. Plaintiff is a citizen of the United States and Defendant is a citizen of the United States. 7. There has been no prior action for divorce filed in any jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling, and has waived said right. 9. There is one minor child born of the marriage; namely: Amanda Amsbaugh, bom April 16, 1992. 10. Plaintiff avers that the grounds on which this action is based are: (a) That the marriage is irretrievably broken; and (b) That the parties have lived separate and apart for a period of at least two (2) years, said date of separation being April 1998. WHEREFORE, Plaintiff respectfully requests your Honorable Court to grant a Decree in Divorce. Respectfully submitted, Df-a'he M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: January 13, 2004 VERIFICATION I verify that the statements made in this Complaint in Divorce are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities. Date: January 13, 2004 MICHAEL GEORGE AMSBAUGH, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 2004-1 CHERYL L. AMSBAUGH, Defendant CIVIL ACTION - LAW IN DIVORCE 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 upon you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on April 30, 1998 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 ifI do not claim them before a divorce is granted. 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. Section 4904 relating to unsworn falsification to authorities. Date: January ~ 3, 2004 Mic½ae[ George Amsbaug[, ~J~inti'ff MICHAEL GEORGE AMSBAUGH, Plaintiff VS. CHERYL L. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 185 Civil Term CIVIL ACTION- LAW IN DIVORCE AMENDED COMPLAINT IN DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE AND NOW, this ~,~-~ day of January 2004, comes the Plaintiff, Michael George Amsbaugh, by his attorney, Diane M. Dils, Esquire, and respectfully files the Amended Complaint in Divorce: 7. Paragraph seven of the Complaint in Divorce Under Section 3301(d) of the Divorce Code is amended as follows: (a) A prior action in divorce was filed in the Court of Common Pleas of Dauphin County docketed to No. 5449 S 1998. Said divorce action has been purged by the Court of Common Pleas of Dauphin County. Date: January 22, 2004 Respectfully submitted, Diane M. Dils, Esquire 1017 North Front Street Harrisburg, PA 17102 (717) 232.-9724 I.D. No. 71873 VERIFICATION The undersigned, Diane M. Dils, Esquire, hereby verifies and states that: 1. She is the attorney for Michael George Amsbaugh. 2. She is authorized to make this verification on Mr. Amsbaugh's behalf. 3. This verification is made by counsel pursuant to Pa.R.C.P., Rule 1024(c). 4. The statements set forth in the foregoing Amended Complaint in Divorce, are true and correct to the best of her knowledge:, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of Diane M. Dils, Esquire Date: January 22, 2004 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. CERTIFICATE OF SERVICE I, Diane M. Dils, Esquire, hereby certify that a true and correct copy of the within Amended Complaint in Divorce has been served upon the following individual by first class, United States mail, postage prepaid, by depositing same at the post office in Harrisburg, Pennsylvania, on thet~,~day of January 2004, addressed as follows: Cheryl L. Amsbaugh 15 Buttonwood Lane Carlisle, PA 17013 Respectfully submitted, BY: / Diane M. Dils, Esquire 1017 North From Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: January 22, 2004 MICHAEL GEORGE AMSBAUGH, Plaintiff VS. CHERYL L. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 185 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce Under Section 3301(d) of the Divorce Code, h~.wAffidavlt ~,r Plah~fiff Uiidei- Scctio~4~30!(d)4;f ~"~-.~,~.~, and the Amended Complaint in Divorce Under Section 3301(d) of the Divorce Code for service upon the Defendant· Date: ~//~ -)/DY Respectfully submitted, , q e 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 MICHAEL GEORGE AMSBAUGH, Plaintiff VS. CHERYL L. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 185 Civil Term CIVIL ACTION - LAW 1N DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, Diane M. Dils, Esquire, who being duly sworn, deposes and states that on Tuesday, March 30, 2004, a certified copy of the Complaint in Divorce under Section 3301(d) of the Diivorce Code and the Affidavit of Plaintiff Under Section 3301(d) of the Divorce Code, as reinstated, were personally served upon the Defendant, Cheryl L. Arnsbaugh, in the office of the Conciliator, Melissa P. Greevy, Esquire, located at 301 Market Street, Lemoyne, Pennsylvania 17043, when said documents were personally handed to and served upon the Defendant, Cheryl L. Amsbaugh. ~ Diane2~. Di'ls, Esquire Sworn and subscribed to before me this 07 gu day of___._~z~ ,2004. ..... Notary Public L~ C~$!~ffiN BPIRtu u~. I MICHAEL GEORGE AMSBAUGH, Plaintiff VS. CHERYL L. AMSBAUGH, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 185 Civil Term CIVIL ACTION -. LAW IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): C/~(a) I do not oppose the entry of a divorce decree. (b) I opposed the entry ora diw)rce 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. o Check either (a) or (b): I do not wish to make any ,claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawye, r's fees, or expenses if I do not claim them before a diw)rce is 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 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. Section 4904 relating to unsworn falsification to authorities. Date: NOTICE: If you do not wish to oppose the entry of' a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter affidavit. Commonwe~th o~ Pen, nsylv~ania County m .e~./'~.~ //~,. I~,,~/~ f, Ifie undersigned officer, persofially appeared'. /;~j//~. /./~5~t.a~,6/ , Known to me (or saust~ac-t3ri~/proVen) to be th~' person _ whose name ~ subscribed to the within insWument, and ackno~vlcdged tha _~he_ executed the same fbr the purposes therein contained. In wimess whereof, I hereunto set my hand ,,,arch 1Vl. Yohn, Notary Public ~ I k MICHAEL GEORGE AMSBAUGH, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 2004- 185 Civ Term. CHERYL L. AMSBAUGH, Defendant CIVIL ACTION - LAW 1N DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301 (d) OF THE DIVORCE CODE TO: Cheryl L. Amsbaugh 15 Buttonwood Lane Carlisle, PA 17013 You have been sued in an action for divorce. You have failed to answer the Complaint or file a counter-affidavit to the Plaintiff's affidavit. Therefore, on or about May 19, 2004, 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 divorce and you will lose forever the right to ask for economic relief. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this notice. 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 1-800-990-9108 MICHAEL GEORGE AMSBAUGH, Plaintiff VS. CHERYL L. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND cOLrNTY, PENNSYLVANIA No. 2004 - 185 Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I opposed 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. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. 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. Section 4904 relating to unsworn falsification to authorities. Date: Cheryl L. Amsbaugh MICHAEL GEORGE AMSBAUGH, Plaintiff VS. CHERYL L. AMSBAUGH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2004 - 185 Civil Term CIVIL ACTION - ]LAW IN DIVORCE 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: Irretrievably broken under Section ( ) 3301(c) or (X) 3301 (d) of the Divorce Code. (Check applicable section) 2. Date and manner of service of the Complaint in Divorce: By personal hand delivery on March 30, 2004; see attached Affidavit of Service. 3. [Complete either Paragraph (a) or (b).] (a) Date of execution of Affidavit of Consent required by Section 3301 (c) of the Divorce Code by Plaintiff, N/A; by Defendant, N/A. (b) Date of execution of Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: January 14, 2004, reinstated March 10, 2004; Date of service of Plaintiff's affidavit upon Defendant: March 30, 2004. o o Date of service of Notice of Intent to Finalize under Section 3301(d) of the Divorce Code: April 28, 2004; Date of filing of Waiver of Notice of Intent to Finalize by Plaintiff: N/A; by Defendant: N/A. Related Claims Pending: There are no outstanding claims. B : c(~ re 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Attorney for (x) Plaintiff ( ) Defendant IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. MICHAEL GEORGE AMSBAUGH, PLEAS Plaintiff VERSUS CHERYL L. AMSBAUGH, Defendant NO. 2004 - 185 Civil Term DECREE IN DIVORCE AND 'OW,~~_"~ ~~OfEREDA~; DECREED THAT MI~F. AEL GEORGE AMSBAUGH , PLA~ NT~ FF, AND CHERYL L. AMSBAUGH , 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; There are no claims.