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HomeMy WebLinkAbout02-0056DAVID CLAUDE VOGELSONG, Plaintiff VS. INGRID KARINE GEORGETTE VOGELSONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 5(0 CIVIL TERM NO. CIVIL ACTION - 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. If the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 ~~~,~~ Marlin R. McCaleb Attorney for Plaintiff MARLIN R. McCALEB DAVID CLAUDE : VOGELSONG, : Plaintiff : .' VS. INGRID KARINE GEORGETTE VOGELSONG, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO.02- ~.t CIVIL TERM CIVIL ACTION - IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is DAVID CLAUDE VOGELSONG, who currently resides at 41 West Locust Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania 17055, since February 13, 2000. 2. Defendant is INGRID KARINE GEORGETTE VOGELSONG, who currently resides at 4720 East Trindle Road, Mechanicsburg (Hampden Township), Cumberland County, Pennsylvania 17050, since May, 1992. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. Belgium. 5. 6. Plaintiff and Defendant were married on September 13, 1969, in Ostende, There have been no prior actions of divorce or annulment between the parties. The marriage is irretrievably broken. MARLIN R. McCALEB 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests your Honorable Court to enter a decree of divorce. I verify that the statements made in this Complaint 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. David Claude Voge'~song, Date: January 2~ , 2002 Marlin R. McCaleb Attorney I.D. No. 06353 219 East Main Street P.O. Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for Plaintiff -3- MARLIN R. McCALEB DAVID CLAUDE VOGELSONG, Plaintiff VS. INGRID KARINE GEORGETTE VOGELSONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. CIVIL TERM . . : CIVIL ACTION - IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING David Claude Vogelsong, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the court. 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 ~ , 2002 avid Claude Vogelsong, Plaintiff © DAVID CLAUDE VOGELSONG, Plaintiff VS. INGRID KARINE GEORGETTE VOGELSONG, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV/tNiA CIVIL ACTION - LAW NO. 02 - 56 CIVIL TERM CIVIL ACTION - IN DIVORCE ~FFIDAVIT OF SERVICE MARLIN R. McCALEB, Esquire, certifies and says: that he is the attorney for David Claude Vogelsong, the Plaintiff in the above-captioned action; that on behalf of said Plaintiff, he did file Plaintiff,s Complaint in Divorce in the Office of the Prothonotary of Curaberland County, Pennsylvania, on January 4, 2002; that pursuant to Rule No. 1930.4(c) of the Pennsylvania Rules of Civil Procedure, he did serve said Complaint upon Ingrid K. G. Vogelsong, the Defendant herein, by depositing a true and attested copy of said Complaint, properly endorsed with Notice to Defend and Claim Rights, in the mail in the post office at Mechanicsburg, Cumberland County, Pennsylvania, on January 8, 2002, properly addressed to the said Defendant at her place of residence at 4720 East Trindle Road, Mechanicsburg, PA 17050, with proper postage attached, certified United States mail (Receipt No. 7099 3400 0017 1940 0839, return receipt requested, restricted delivery); that thereafter she did receive said return receipt card bearing the signature of Ingrid Vogelsong, Defendant herein, and indica~ receipt of said copy of the Complaint on January 9, 2002; that the said certified mail receipt and return receipt card are attached hereto and made a part hereof, marked Exhibit "A". 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. Date: January 11, 2002 ~~~~ ar±in R. Mcca±eD -2- TOtal Postage &Fee; II ~t~2' and 3. ,4JIo ~ml:Mete 4720 East Trindle Road Mechanicsburg, PA 17050 1025g~-OO-M-OgS2 EXHIBIT "A" MARLIN R. McCALEB DAVID CLAUDE VOGELSONG, Plaintiff VS. IN TiqE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 56 CIVIL TERM INGRID KARINE GEORGETTE VOGELSONG, Defendant CIVIL ACTION - IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECR~ TO: INGRID KARINE GEORGETTE VOGELSONG DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after October 31, 2003, the other party can request tke 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. A counter-affidavit which you may file with the Prothonotary of the Court is attached to this Notice. 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. The filing of the form counter-aiffidavit alone does not protect your economic claims · YOU SHOULb TAKE T~IS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT I{AVE ~ LAWYER OR CANNOT AFFORD 0~, GO TO OR TELEPEONE THE MARLIN R. McCALEB OFFICE ~ET FORT~ BELOW TO FIND OUT ~{ERE YOU CAN GET LEGAL EELP. Date: October 10, Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 ~tarlin R. McCaleb, Esquire Attorney for Plaintiff DAVID CLAUDE VOGELSONG, Plaintiff vs. tNGRID KARINE GEORGETTE VOGELSONG, Defendant IN THE COURT OF COMMON PLEAS OF CLTMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 56 CIVIL TERM CIVIL ACTI~ON - IN DIVORCE coU~TER-AFFIDAVITIrArDER ~ 3301{d) OF THE DIVORCE CODE 1. Check either (a) or (b): (s) I do not oppose the entry of a divorce decree. (b) t oppose the entry of a divorce decree because (Check (i) , (ii) , or both) : The parties to this action have not lived and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): separate (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 do not claim them before a divorce is granted. if I (b) I wish to claim economic relief which may include alimony, idivision of property, lawyer's fees or expenses or other important rights. I u~derstand that in addition to checking (b) above, I must als~ file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter- affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. i§ 4904, authorit,ies. Date: relating to unsworn falsification to , 2003 Ingrid Karine Georgette Vogelsong Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ~ CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COE~7TER-AFFIDAVIT. -2- October 10, 2003 Ingrid KarineiGeorgette Vogelsong 4720 East Tri~dle Road Mechanicsburg,! PA 17055 Re: Vog~lsong vs. Vogelsong No. 102-56 Civil Term In Divorce Dear Mrs. Voge!tsong: Enclosed,i for service upon you, is a Notice of Intention to Request Entry of §3301(d) Divorce Decree Ln the above divorce action. Also encl6sed is a Counter-Affidavi~ for your use, if you so desire. Very truly yours, Marlin R. McCaleb MRM/eaj CC: David C. Vogelsong DAVID CLAUDE VOGELSONG, Plaintiff VS. INGRID KARINE GEORGETTE V0GELSONG, Defendant IN THE COURT OF COMMON PLEAS CUMBE~ILAND COUNTY, PENNSYLVANIA CIVIL DIVISION NO. 02 - 0056 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonota~: Transmit theirecord, together with the following information to the court for ent~ of a divorce decree: 1. Ground f~r divorce: irretrievable breakdown under~cX~ 3301(d1(11 of thelDivorce Code. (Strike out inapplicable section). 2. Date and/manner of ser~'ice of the complaint: certified U.S. mail, restricted delivery, return receipt requested, on January 9, 2002. 3. Completeieither paragraph (a) or (b). (a) by ~3301(c) of th~ by defendant (b)(1) D, of the Divorce Co~ service of the pl, 2003 ! Date of execution of Divorce Code: by itc of execution of [e: August 27, 2003 ~intiff's affidavit Related :laims pending: None Complete leither (a) or (b). (a) Date file praecipe to October 10, 2003, (b) Date filed with the Date filed with the Date: November 3, the affidavit of consent required plaintiff ; the affidavit required by ~3301(d) __; (2) Date of filing and upon the: respondent: August 27, and manner of service of the notice of intention to :ransmit record, a copy of which is attached: first class U.S. mail, postage prepaid. )laintiff's Waiver of Notice in S3301(c) Diverce was :honotary: defendant's Waiver of Notice in S3301(c) Divorce was ~thonotary: 003 Attorney for (Plaintiff)~~k Marlin R. McCaleb, Esquire IN ThE COURT OF COMMON PLEAS OFCUMBERLAND COU~TY STATE OF DAVID CLAUDE VOGELSONG, Plaintiff VERSUS INGRID KARINE GEORGETTE VOGELSONG, ! Defendant FIENNA. , IT IS ORDERED AND , PLA] NTI FF, , DEFENDANT, NO. 02 - 0056 CIVIL TERM DECREE IN DIVORCE AND N OW~, ~ 2003 DECREED THAT David Claude Vogelsong AND Ingrid Karine Georgette Vogelsong ARE DIVORCED FIROM THE BONDS OF MATRIMONY. THE COURT R]ETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTE}~ED; None. BY THE COURT: -.~t~-~-&RoTHoNoTAR¥ ~++~++ ~+ +++ + + +++++ +++++ + ++++ + ++ + +++++ ++ ~ +