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Home My WebLink About05-1507 . RICKEY D. SCHUCHART, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LAW :IN DIVORCE JUDY A. SCHUCHART, Defendant :NO. oS; - IS-07 CL~tC--TfL~ 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 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: Office of the Prothonotary Cumberland County Court House I Courthouse Square 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 , RICKEY D. SCHUCHART, Plaintiff :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVlL ACTION - LAW :IN DIVORCE .JUDY A. SCHUCHART, Defendant :NO. Of;- QZuL y~ COMPLAINT AND NOW comes the Plaintiff~ Rickey D. Schuchart, who, by and through his attorneys, Thomas A. Beckley, Esquire, Elizabeth S. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Complaint, in which he avers that: I. Plaintiff: Rickey D. Schuchart, is an adult individual residing at 763 Franklin Church Road, Dillsburg, York County, Pennsylvania 17019. 2. Defendant, Judy A. Schuchart, is an adult individual with a work address of 465 Railroad Avenue, Camp Hill, Pennsylvania 17011. 3. Both parties were bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of the original Complaint. 4. Plaintiff and Defendant were married on May 13, 1989. 5. There have been no prior actions in divorce or for annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff or Defendant has the right to request the Court to require the parties to participate in such counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTIONS 3301(c) OR (d) OF THE DIVORCE CODE 8. The averments contained in Paragraphs I through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. Plaintiff's marriage to Defendant is irretrievably broken. 10. Plaintiff has been advised that counseling is available and that he may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, pursuant to 23 Pa.C.S.A. SS3301(c) or (d), Plaintiff, Rickey D. Schuchart, respectfully requests the Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION UNDER SECTION 3502 OF THE DIVORCE CODE II. The averments contained in Paragraphs I through 10 of this Complaint are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have acquired property, both real and personal, 2 during the marriage which constitutes marital property subject to equitable distribution under the Divorce Code. 13. Plaintiff and Defendant each owned, prior to the marriage, both real and personal property which has increased in value during the marriage, andlor which has been exchanged for other property which has increased in value during the marriage, all of which property is marital property, subject to equitable distribution under the Divorce Code. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff, Rickey D. Schuchart, respectfully requests the Court to divide all marital property equitably between the parties. COUNT III REQUEST FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 15. The averments contained in Paragraphs I through 14 of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to support himself in the standard of living established during the marriage through appropriate employment. 17. Plaintiff requires reasonable support to adequately maintain himself in 3 accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff, Rickey D. Schuchart, respectfully requests the Court to enter an award of alimony in his favor. COUNT IV ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORC CODE 18. The averments contained in Paragraphs I through 17 of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintitf has employed counsel. but is unable to pay the necessary and reasonable attorney's fees for said counsel. 20. Plaintiff is unable to sustain himself during the course of this litigation. WHEREFORE, Plaintiff, Rickey D. Schuchart, respectfully requests the Court to enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. DA TED: 3-/6-oJ of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, PAl 71 08 (717) 233-7691 4 VERIFICATION I, Rickey D. Schuchart, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. DATED: 3-)O'-(}) i2..A!~ -~) ~1.LU-- Rickey O. chuchart [:) 70t \:t- __ - .{} ~~ - t, ~ ::: 9-J ,.() 'ro ~ \) v, l) . I> . 1,-.. . C> - { d c C> I I~ ~~ ~~ J::r- ~ o c: ~~ r+ig;, ~~} ??d.': r::: ~1~) -';.; :::.:i --< ...., = = c.n ::l:: """ ';0 N o~ "T\ or.... --I v,, fi~::!J en """0.. h . -U-r ~~{J :-J:~1 O-M." -:)" J ;:':')1 ':':.f "1:... <CD ~ -0 :x C- o 0"' Cumberland County Prothonotary's Office Manual Release Check Reglster Escrow Amount 14495703242005 PYS405 Distribution Accounting -------------------------------------------------------------------------------- 1513 Case No 3875 233KLEY ELIZABETH S. ESQ. Check Date: REFUND 2005- 01507 TRNS ESC IN Payee total: 03/24/2005 250.50 250.50 Tran Date Page 1 3/24/2005 Date Release Check No. : 3/24/2005 Grand total: -------------------------------------------------------------------------------- 250.50 -<~~:-;;;ii-'~~---#;';~~:;";fl;i9.~~;A--""'--...@C-~~"@i<4-~.l--~! :E: 0 l> I H U1 ~ I" ~ I 0-< ,I I--' :DO II U1 ~~ I ~oO :11m i~ ~ H ~ t"' 0 ~ ~ IV .... 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RECEIPT FOR PAYMENT ------------------- ------------------- Cumberland County Prothonotary's Office Carlisle, Pa 17013 Receipt Date Rece~pt Time Rece~pt No. 3/24/2005 14:46:13 162238 SCHUCHART RICKEY D (VS) SCHUCHART JUDY A Case Number 2005-01507 Receipt total. ~ Transaction Description DIVORCE TAX ON CMPLT SETTLEMENT MASTER'S FEE DIV PA SURCHG AUTOMATION FEE JCP FEE ADD'L COUNTS JCP FEE ADD'L COUNTS JCP FEE ADD'L COUNTS JCP FEE REFUND .00 TRNS ESC OUT Distribution Of Payment ---------------------------- Payment Amount 35.00- .50- 5.00- 125.00- 10.00- 5.00- 10.00- 10.00- 10.00- 10.00- 10.00- 10.00- 10.00- 250.50 v. :IN THE COURT OF COMMON PLEAS F :CUMBERLAND COUNTY, PENNSYL V 1 NIA :CIVIL ACTION - LAW :IN DIVORCE RICKEY D. SCHUCHART, Plaintiff JUDY A. SCHUCHART, Defendant :NO. 05 -- 1507 PRAECIPE TO WITHDRAW DIVORCE COMPLAINT To the Prothonotary: : Kindly withdraw the complaint filed on behalf of the Plaintiff in th I above- : captioned action as Defendant previously filed an action in York County, Pennsyl ,ania. DATED: 3.J-~ of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, P A 17108 (717) 233-7691 I I CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct co y of the foregoing document was this day served upon the person and in the manner i dicated below. SERVICE BY FIRST CLASS MAIL: John C. Howett, Jr., Esquire Howett, Kissinger & Conley, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 DATED: J ~J).,-(J) --~-- Q ';---", ,..., <:.:::?' ~~ :=;; ;:v <'-' w . (,.. f;'! )0 Ul '< ~,;; 0-' -~~ :...- o -n ~ 'h1~ -T1Cf1 ~~"Q i:SC) \-'1 '~V~