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HomeMy WebLinkAbout05-5928 DALE C. SCHLUSSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. NO. OS - ~9JP (3u~l ~Vz..l PAMELA 10 SCHLUSSER, Defendant CIVIL ACTION - LAW 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. When the ground for 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, LA WYER'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, P A 17013 (717) 249-3 I 66 or MidPenn Legal Services 213 North Front Street Harrisburg, PA 17101 (800) 932-0356 Dated November 4, 2005 ~)\( THOM P. GLEASON, ESQUIRE 95 Airport Road Shippensburg, PAl 7257 (717)729-2511 Attorney for Plaintiff By: DALE C. SCHLUSSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. NO. OS - .';- <;,;z j c;;J--r;;.-. PAMELA 10 SCHLUSSER, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO 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: Office of the Prothonotary Cumberland County Courthouse Carlisle. PA 17013 Deputy Prothonotary DALE C. SCHLUSSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. NO. OS- S'9:J..P C;u;l ~82-( CIVIL ACTION - LAW IN DIVORCE PAMELA JO SCHLUSSER, Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Dale C. Schlusser, who currently resides at 383 Burgners Road, Carlisle, Pennsylvania 17013. 2. Defendant is Pamela 10 Schlusser, who currently resides at 1714 Walnut Bottom Road, Newville, Pennsylvania 17241. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on August 23, 1986, in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken and the Plaintiff and Defendant have lived apart for more than two (2) years. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the Court require the parties participate in counseling. 8. Both Plaintiff and Defendant have signed a Waiver of Notice ofIntention to Request Entry ofa Divorce Decree Under Section 3301(C) of the Divorce Code. 9. Because Plaintiff and Defendant have iived apart of over two (2) years and have both signed a Waiver under Section 3301 of the Divorce Code, Plaintiff respectfully requests the Court to enter a decree of divorce upon receipt of this complaint. 10 . Alternatively, after nintey (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff is confident Defendant will also file such an Affidavit. WHEREFORE, Plaintiffrespectfully requests the Court to enter a decree of divorce pursuant to 93301 of the Divorce Code. Dated: November 04, 2005 By: , Q ,,\' Q; -J '{J(",,~ T MAS P. GLEASON, ESQUIRE 95 Airport Road Shippensburg, P A 17257 (717) 729-2511 Attorney for Plaintiff Attorney 1D #82259 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. S 4904, relating to unsworn falsification to authorities. ,,(11 ~Sr~ Dale C. Schlusser DALE C. SCHLUSSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. NO.~-5'- 5'1.2; (J",J .- I u.-... PAMELA 10 SCHLUSSER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I. 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! 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. S 4904, relating to unsworn falsification to authorities. 10' IS -oS- Date i};L C' SC~ a e C. Schlusser . DALE C. SCHLUSSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. NO. PAMELA JO SCHLUSSER, Defendant CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. [understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if [ do not claim them before a divorce is granted. 3. [ 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 . [ 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. S 4904, relating to unsworn falsification to authorities. //1 /;3 /t15 Date I f 'hlt~ ~ ;;.) 0 ~ \l~\) c.---, V ~ :!2 -f-- .---z. ~ ~ ~c: ~ \) ~- r-~" 0 ('1 ~',~ :: (2 \", ~J'" -f,-T1 ;~~ ':::C l=0 -"),"'", "'"J::> (.j"\ ,1<"::' l _..,-, -c ;: , :;;: : n ) '-t: \"-' o ~LE. C. 'SC4'L.\.l.S&\C.....; PU=\ '1011 Fro IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION PAfo-\<e.-L V-1 :5h 'Sc.1-+ L-I.olSS'W-, DE \"<<",...10'" "'" NO. 05- S'122? CIVIL TERM 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. 2. Date and manner of service of the complaint: \<;;1"' C. MS<; M V>r l L.- - NO\l~f-\BW-- lLt. -z...oQ(q 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by plaintiff 5/\ q. (-2..0o!.e ; by defendant 5/[3 I 2..Do4> (b) (1) Date of execution of the affidavit required by ~3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: NOt-J~ 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date of plaintiff's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: \ \ / l S ( 2...DOS Date defendant's Waiver of Notice in ~3301 (c) Divorce was filed with the Prothonotary: \ \ / I '5 I 2..005 2 ~ ~ 'i? < :% :C::J:! ""1:Je'-; r\""r" ~ r"f,J '2~~:.::.' -:,"/(" "tl ' f,q - :nO ::;.,;,.: cP C) .\.., 1-' ;:.;j~f, .--' ,-;:;c -<J (~:1,.1 - ~~i'" ..-- -.<..Q )>' Co c.? t)rn ?I ,..:.'~ :'is :-2. 0 N :0<; .. DALE C. SCHLUSSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. NO. 05-5928 - CIVIL TERM PAMELA JO SCHLUSSER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A COMPLAINT IN DIVORCE was filed between Plaintiff and Defendant on the 15th day of November, 2005. 2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed. 3. I, Dale C. Schlusser, have received a copy of the COMPLAD'IT IN DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested therein and to the entry ofa DECREE OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. 4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry ofa DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. . 5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have 1 been subject to any force or duress in signing it. f1Lc,~~ ':;-/7-04:, Dale C. Schlusser Date 383 Burgners Road Carlisle, PA 17013 COMMONWE2rTH ~ PENNSYLVANIA COUNTY OF 1m rJ.r//JJ.. io! scribed and sworn to before e on this Q day of mlv~) I ,20<:0 . I COMMONWEALlH OF PENNSVLVAN,^ NOTARIAL SEAL . DAWN M. SHUGHART, Notory Public Boro of Carlisle. Cumbelklnd County MIl rnmmkolnn ~~..... NI'>v .28.-2006 . C) .;;; ~ c:: ~ 2:- ~ ~ '-lJ~;": ??,i!:,' ~ "'1fJ ;-;:"r:-' - ~~ (/1 s' ~ -".,' \:;~ ~. .-", 0::~" ,~::-. , :>: ~~r-) ~~' ,..' J>C 0 i5 (<1 _e -. L_ ?E! ::;: C) '" :0<:: .-' DALE C. SCHLUSSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA vs. NO. 05-5928 - CIVIL TERM PAMELA JO SCHLUSSER, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A COMPLAINT IN DIVORCE was filed between Plaintiff and Defendant on the 15th day of November, 2005. 2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed. 3. I, Pamela Jo Schlusser, have received a copy of the COMPLAINT IN DIVORCE, and I have read it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do hereby consent to the relief requested therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. 4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions oflaw, notice of trial, a notice of entry ofa DECREE OF DIVORCE and my right to appeal. I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. 5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it. ~1f~~'L Pamela J~ chlusser ~~/13/ Ov Date 1714 Walnut Bottom Road Newville, PA 17241 COMMONWEAL)lH OF P,ENN~YL V A~IA COUNTY OF ~ Subscribed and sworn to before me on this I E day of ~ ,-d0~)f &4 ,20~. Nal'NlW.1M. M.YNM. MMnZ. NalIIrNII .... '[ tlt~ . I Ja., "f'l . II OIILII." ~'., (") s; <"" -o(~r' nle. ~2 ~~~: ~;~.'" \.~~( , ~~:. (' :Pc :z ::<. , -- ~ = C1' :% ::< ~ ~-r'l {"1'\r=: -"m "n7 SQ l....q ~?~ (5 0"-1 ~ - co -0 :z <f! o w I " DALE C. SCHLUSSER, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYL V ANlA vs. NO. 05-5928 CIVIL TERM PAMELA JO SCHLUSSER, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this ~ day of N~, 2005 a complete copy of the Plaintiff's Complaint in Divorce has been served upon the following person by the following means: NAME & ADDRESS MEANS OF SERVICE Pamela Jo Schlusser 1714 Walnut Bottom Road Newville, PA 17241 U.S. Mail on November l c., , 2005 sJLP~ Thomas P. Gleason Attorney for Dale Schlusser " '" CERTIFICATE OF SERVICE I hereby certify that on this \ lo ~day of ~)~ ,2005 a complete copy of the Plaintiff s Complaint in Divorce has been served upon the following person by the following means: NAME & ADDRESS Pamela Jo Schlusser 1714 Walnut Bottom Road Newville, PAl 7241 MEANS OF SERVICE U.S. Mail on November lle. , 2005 C G~son Attorney for Dale Schlusser -- o c,.:: C3r: c, C L ::<i ,. " '" Co'> <=> c>' ::r: ~ -< N .j:'"' 0.. 'T1 s:! mf9 -DiG CDY go ~.~~ '~~ brn & -< ~ ~ C5 Ul ~'li if. if. if. if. if. if. if. if. if. if.if. if. if. IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY PENNA. STATE OF DALE C. SCHLUSSER No. 05-5928 Civil Term Plaintiff VERSUS PAMELA JO SCHLUSSER Defendant DECREE IN DIVORCE 1<1-.- 1'1 - , 2006 , IT IS ORDERED AND AND NOW, DECREED THAT DALE c. SCHLUSSER , PLAI NT! FF, PAMELA JO SCHLUSSER AND , DEFEN DANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. if. if. if. 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; if. if. if. NtJ';€ if. PROTHONOTARY if. if. if. if. if. if. if. if. if. if. if. if. if. if. if.if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. if. J. .~~ ~ ~I( ?t7. ~/-"/ ~:z ~- ~cl'~ ?~. ~/-P,J -... .... '"", . .' - ... . , --~ 4; ~ ," .