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HomeMy WebLinkAbout05-4702HEATHER S. LEWIS, Plaintiff VS. LEE A. LEWIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. OS -7v? (11 'L> IN DIVORCE NOTICE TO DEFEND 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 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 Courthouse, 1 Courthouse Square, Carlisle, PA 17013- 3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4s' Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le ban demandado a usted en la corte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo at partir de lag fecha de ]as demanda y la notification. Usted debe presentar una apariencia escrita o en persona o Page 1 of 2 por abogado y archival en la Corte en forma escrita sus defensas o sus obj ecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la Corte tomara medidas y puede entrar una 6rden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4t' Floor Carlisle, PA 17013-3387 (717) 240-6200 Michael D. Rentsch er, Esquire Attorney for Plaintiff Page 2 of 2 HEATHER S. LEWIS, Plaintiff VS. LEE A. LEWIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 03 q70,7- IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387 Prothonotary HEATHER S. LEWIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION LEE A. LEWIS, : NO. DS-o./ Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is HEATHER S. LEWIS, an adult individual who maintains an address at P.O. Box 49, Shermansdale, Perry County, Pennsylvania 17090. 2. Defendant is LEE A. LEWIS, an adult individual who currently resides at 528 Doubling Gap Road, Newville, Cumberland County, Pennsylvania 17241. 3. Plaintiff and Defendant are sui 'uris and both have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately before the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on December 22, 2003 in Carlisle, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken and there are no children of this marriage. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been a prior action for divorce or annulment instituted by Plaintiff in Cameron County, Pennsylvania, which was discontinued and ended by Plaintiff, with regard to this marriage. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNTI Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this complaint, plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporate herein by reference thereto. 2 14. The marriage of the parties is irretrievably broken. 15. The parties have lived separate and apart from each other since March 6, 2005, which is the final date of separation. When two (2) years have elapsed from the date of final separation, Plaintiff will file her affidavit of having lived separate and apart, provided a divorce decree has not already been granted pursuant to Section 3301C of the Divorce Code. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. COUNT III Request for Equitable Distribution of Marital Property Under 3104 and 3502 of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. Plaintiff and Defendant have acquired property, both real and personal, and debts, which are subject to equitable distribution under the Divorce Code. 19. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property and debts. WHEREFORE, Plaintiff respectfully requests the Court to equitably distribute the marital property and debts of the parties, pursuant to 3104 and 3502(a) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 VERIFICATION I, HEATHER S. LEWIS, verify that the statements made in the Complaint 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. CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing Complaint in Divorce by Certified Mail, restricted delivery, return receipt requested, to the following: Lee A. Lewis 528 Doubling Gap Road Newville, PA 17241 Date: MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff r 4?1 ? c O c ?ll? c i ? HEATHER S. LEWIS, Plaintiff vs. LEE A. LEWIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 05-4702 CIVIL TERM IN DIVORCE TO THE PROTHONOTARY: PRAECIPE Kindly reinstate the Complaint in the above-captioned case. Respectfully submitted: Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 Supreme Court ID # 45836 Attorney for Plaintiff CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing document by Regular Mail to the following: Lee A. Lewis 528 Doubling Gap Road Newville, PA 17241 Date: _ - E- - - _ MICHAEL D. R TSCHLER, ESQUIRE Attorney for Plaintiff r ^3 ? -? rs m N -t HEATHER S. LEWIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LEE A. LEWIS, NO. 05-4702 CIVIL TERM Defendant IN DIVORCE CERTIFICATION OF SERVICE I, Michael D. Rentschler, Esquire, do hereby certify that I served a true and correct copy of the reinstated Complaint in Divorce upon Defendant Lee A. Lewis on March 21, 2006, at 10:22 am, by hand delivery to him in the front of the Perry County Courthouse, located at the Square in New Bloomfield, Perry County, Pennsylvania, and in the presence of his lawyer, Sally Winder, Esquire. Respectfully submitted, Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID 4 45836 CERTIFICATE OF SERVICE 1, Michael D. Rentschler, Esquire, do hereby certify that, on the date stated below, I served a copy of the foregoing document upon the following individual, as follows: Via United States Mail, first class, postage prepaid, addressed to: Sally Winder, Esquire 9974 Molly Pitcher Hwy Shippensburg,PA 17257 Date: March 21, 2006 Michael D. Rentschler, Esquire 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Supreme Court ID # 45836 -13 HEATHER S. LEWIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION LEE A. LEWIS, NO. 05-4702 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September 9, 2005, which was reinstated upon the Defendant on March 21, 2005 by hand delivery as evidenced by filed certification of service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. 1 have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unworn falsification to authorities. Dated: U r AHEATVHR aS.LEWIS Plaintiff C'? rv 1 d J ? r N w ? rn HEATHER S. LEWIS, Plaintiff vs. LEE A. LEWIS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : NO. 054702 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 if I 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.A. § 4904 relating to unsworn falsification to authorities. K Date: HEA HER S. LE Plaintiff ra G ° T.._ N HEATHER S. LEWIS : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, Plaintiff : PENNSYLVANIA vs : CIVIL ACTION - LAW LEE A. LEWIS, : NUMBER 2005-4702 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on September 9, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing 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. section 4904 relating to unsworn falsification to authorities. Date: ? •? GC LEE A. LEVY ? ? Q G ?. ..._.: ,. -rt ?:?- rz' ? ? c°x ?"r' r -r? ?: ?..... ? I_. C ?? ? ?' ?° 1 ,,,,j HEATHER S. LEWIS Plaintiff vs LEE A. LEWIS, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA CIVIL ACTION - LAW NUMBER 2005-4702 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3302(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 if I 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. section 4904 relating to unworn falsification to authorities. r------ Hate: ! E; 4-0 ?-- LEE A. LEWI Art Cfr - C?7 t tTt HEATHER S. LEWIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION LEE A. LEWIS, : NO. 05-4702 CIVIL. TERM Defendant IN DIVORCE /ZAW,& ? AFFIDAVIT OF CONSENT 1. A complaint in divorce un § 3301(c) of the Divorce Code was filed on September 9, 2005, which was reinstat&Jupon the Defendant on March 21, 2006 by hand delivery as evidenced by filed certification of service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relatipglo unworn falsification to authorities. Dated: Q ? I r) ) aQ. r laulull ? ? e? to -n N CA r HEATHER S. LEWIS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. LEE A. LEWIS, : NO. 054702 Defendant : 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: irretrievable breakdown under Section 3301C of the Divorce Code. 2. Date and manner of service of the complaint: March 21, 2006 by Acceptance of Service 3. Date of filing of the affidavit of consent required by Section 3301 C of the Divorce Code: by plaintiff on March 23, 2007 and Amended Affidavit of Consent on September 21, 2007; by defendant on August 30, 2007. 4. Related claims pending: None. 5. Date plaintiff's Waiver of Notice was filed with Prothonotary: March 23, 2007. 6. Date defendant's Waiver of Notice was filed with Prothonotary: August 30, 2007. Respectfully submitted, Michael D. Rentschler, Esquire Supreme Court I.D. #45836 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Attorney for Plaintiff r?a o "? ? ? `-?,? . fs'D t't't ?f ; -? . ,: l ? ?? ?? ? ?? --t IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. NO. 05-470 civil VERSUS DECREE IN DIVORCE a-41. . AND NOW IT IS ORDERED AND DECREED THAT Heather S. Lewis PLAINTIFF, AND Lee A. Lewis 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; None PROTHONOTARY • -?? ?? ??-? LDa ? ?? ?0 ?:?,' ?.R