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HomeMy WebLinkAbout06-6797ANNE M. LAUTENBACHER, Plaintiff V. DAVID V. LAUTENBACHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA . NO. C k. -&A19 [ C: .[ L Njar1 : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY 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. 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, Cumberland County Courthouse, Carlisle, PA. 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 0 , 0 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates 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 TELFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 ANNE M.LAUTENBACHER, Plaintiff V. DAVID V. LAUTENBACHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. : CIVIL ACTION - LAW : IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR SECTION 3301(d) AND 3301 (a)(6) OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Anne M. Lautenbacher, by and through her attorney, Marianne E. Rudebusch, Esquire, and seeks to obtain a decree in divorce from the above-named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Anne M. Lautenbacher, is an adult individual who resides at 2236 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. The Defendant, David V. Lautenbacher, is an adult individual who resides at 1491 English Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 10/17/92. 5. Plaintiff avers that there are two minor children to the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 8. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 9. Plaintiff has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on 12/18/04. C. Section 3301(a)(6). The Plaintiff avers as the grounds on which the action is based that the Defendant has offered such indignities to the person of the injured and innocent spouse, namely Plaintiff, as to render her condition intolerable and life burdensome. This action in divorce is not collusive. COUNT I CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. Plaintiff and Defendant are the owners of real estate, motor vehicles, bank accounts, insurance policies, pensions, retirement benefits and other personal property acquired during the marriage which is subject to equitable distribution by this Court. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. 14. Plaintiff requests this Court to equitably distribute the parties' marital property. COUNT II CLAIM FOR ALIMONY PENDENTE LITE UNDER SECTION 3702 OF THE DIVORCE CODE 15. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff does not have sufficient funds to support herself during the pendency of this action. 17. Defendant is well able to pay support to Plaintiff. 18. Plaintiff requests this Court to grant her alimony pendente lite. • COUNT III 40 CLAIM FOR COUNSEL FEES COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 19. Plaintiff hereby incorporates by reference all the averments contained in paragraphs 1 through 18 of this Complaint. 20. Plaintiff does not have sufficient funds to pay the counsel fees, costs and expenses incidental to this action. 21. Defendant is well able to pay Plaintiffs counsel fees, costs and expenses incidental to this matter. 22. Plaintiff requests this Court to grant her counsel fees, costs and expenses incidental to this action. COUNT IV CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 23. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 22 of this Complaint. 24. Plaintiff does not have a sufficient source of income or earning capacity at the present time to maintain the standard of living enjoyed by the parties during their marriage. 25. Defendant does have a sufficient source of income and earning capacity to aid Plaintiff in maintaining the standard of living enjoyed by the parties during their marriage. COUNT V CUSTODY 26. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 25 of this Complaint. 27. Plaintiff seeks primary physical custody of the following children: Name Date of Birth Age Marissa E. Lautenbacher 2/8/95 10 Christopher V. Lautenbacher 3/26/99 6 28. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The Plaintiff has been the primary care giver of the children and has provided the children with consistent and loving care. b. Plaintiff is willing and able to continue to provide proper care and supervision to the children. C. Plaintiff can provide a stable and loving environment to the children. 29. The minor children have resided at 2236 Canterbury Drive, Mechanicsburg, Cumberland County, Pennsylvania with the Plaintiff and Defendant since 12/18/04. 30. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning the custody of the children in this or another Court, nor does she know of a person nor a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with the children. C? 31. The Plaintiff requests that a reasonable visitation schedule be set up by the Court regarding visitation of the parties' minor children by Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. equitably distributing all property owned by the parties hereto; and c. directing the Defendant to pay alimony pendente lite to Plaintiff; and d. directing the Defendant to pay Plaintiff s counsel fees and expenses incidental to this divorce action; and e. granting alimony to Plaintiff; and f. to grant primary physical custody of the parties minor children to the Plaintiff with partial physical custody to the Defendant; and 9. for such further relief as the Court may determine to be equitable and just. Respectfully Submitted, vl V ?. ? c?lh7 p? •? Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: ANNE M. LAUTENBACHER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. DAVID V. LAUTENBACHER, : CIVIL ACTION - LAW Defendant : IN CUSTODY VERIFICATION I verify that the statements made in the foregoing are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities By: Anne M. Lautenbacher Date: / / 'd ;L ' 0 ('?o e ? c ? c It 61 Li C C=am N co ANNE M. LAUTENBACHER IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DAVID V. LAUTENBACHER DEFENDANT 06-6797 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, December 01, 2006 _,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, January 03, 2007 at 10:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 6 S :Z d 0_ 330 9001 FEB O 9 20D70? ANNE M. LAUTENBACHER IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 06-6797 CIVIL ACTION LAW DAVID V. LAUTENBACHER Defendant IN CUSTODY ORDER AND NOW, this 5th day of February, 2007, the conciliator, having received no request from counsel for either of the parties to reschedule the conciliation conference initially set for January 3, 2007, hereby relinquishes jurisdiction. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ?? ?.' ? ^? ? r ?- ; C N ' -..k ?4?? ? ? to --a ANNE M. LAUTENBACHER, Plaintiff v. DAVID V. LAUTENBACHER, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-6797 CIVIL ACTION - LAW IN DIVORCE/CUSTODY STIPULATION FOR CUSTODY THIS AGREEMENT is made and entered into between ANNE M. LAUTENBACHER and DAVID V. LAUTENBACHER, hereinafter referred to as Mother and Father. The parties are the natural parents of Marissa E. Lautenbacher, born 2/8/95 and Christopher V. Lautenbacher, born 3/26/99. The parties desire to enter into an agreement concerning the custody of the children under the following terms: 1. The parties shall have shared legal custody of the subject minor children. They shall consult with each other relative to all important decisions concerning the subject minor children, including such matters as health, education and religion. 2. Mother shall have primary physical custody minor children and Father shall be entitled to periods of partial physical custody pursuant to the following schedule: a. Father shall have the children every other weekend from Friday after school/work until Sunday at 7:00 p.m. b. Father shall have the children every Thursday from after school/work until Friday morning when Father shall take the children to school during the school year and home during the times they are off from school. C. The holidays of Memorial Day and Labor Day the children shall be with the parent who has custody the preceding weekend until 8:00 p.m. the day of the holiday. d. July 46' shall be alternated between the parties. Mother shall have the children in odd years and Father shall have the children in even years from 8:00 p.m. the day before the holiday until 8:00 p.m. the day of the holiday. C. Easter shall be alternated between the parties. Father shall have the children in even years and Mother shall have the children in odd years from 8:00 p.m. the day before the holiday until 8:00 p.m. the day of the holiday. f. Thanksgiving shall be alternated between the parties. Father shall have the children in odd years and Mother shall have the children in even years from Wednesday after school/work until Thursday at 8:00 p.m. g. Christmas shall be divided into Segment A and Segment B. Segment A shall be from 12/23 after school/work until 12/24 at 3:00 p.m. 2 Segment B shall be from 12/24 at 3:00 p.m. until 12/25 at 3:00 p.m. Father shall always have Segment A and Mother shall always have Segment B. h. Each of the parties shall be entitled to two non-consecutive weeks of vacation during summer, subject to 60 days written notice to the other party. Each week shall either begin or end on a regularly schedule weekend. i. The children shall be with Mother on Mother's Day and with Father on Father's Day from 10:00 a.m. until 8:00 p.m. Holidays supercede regular visitation schedule. 3. Transportation shall be provided by whichever party is beginning their period of custody, except for Friday morning after Thursday overnight with Father. 4. Neither party shall relocate outside the Harrisburg Metropolitan Area without giving the other at least sixty (60) days written notice. 5. During any period of custody or visitation, the parties shall not possess or use any controlled substance, neither shall they consume alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or guests comply with this prohibition. 6. The parties shall exert every reasonable effort to maintain free access and unhampered contact between the child and each of the parties, and to foster a feeling of 3 affection between the child and the other party. Neither party shall do anything which may estrange the child from the other parry, or injure the child's opinion as to her Mother or Father, or which may hamper the free and natural development of the child's love and respect for the other party. 7. Both parties shall refrain from making derogatory comments about the other party in the presence of the minor children. The parties shall likewise assure, to the extent possible, that other household members and guests comply with this prohibition. 8. The parties shall allow the children liberal telephone contact with the non- custodial parent. 9. It is understood and stipulated by the parties that upon mutual agreement, an expanded or altered schedule may be agreed upon between the parents for and in the best interest of the children. IN WITNESS WHEREOF, and intending to be bound hereby, the parties have , 2007 at signed and sealed this Agreement on the OC day of IA-1. A Harrisburg, Pennsylvania. In the presence of: WI SS WI SS (/11,1 0\1 I ? Q ANNE M.rLAWENBACHER DAVID V. LAMENBACHER 4 ? - ?^' ? ?? -..,,.? ? ? R'Y }"'"' ??? . t? ?? C 1 .. ,? ?, I' .?' .' .. '`a t? "? P AUG 13200 pi Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 Attorney for Plaintiff ANNE M. LAUTENBACHER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-6797 DAVID V. LAUTENBACHER, : CIVIL ACTION - LAW Defendant : IN DIVORCE/CUSTODY ORDER OF COURT AND NOW this day of A u v 3 '2007, it is hereby ORDERED that the attached Stipulation for Custody is made and entered as an Order of this Court. BY THE COURT: Distribution ert X. Gilroy, Esquire, 4 North Hanover Street, Carlisle, PA, 17013 ?rianne E. Rudebusch, Esquire, 4711 Locust Lane, Harrisburg, PA 17109 0 91, :11 IV S I SA V LCJI -cl ANNE M. LAUTENBACHER, IN THE COURT OF COMMON PLEA5 Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA _~ v. N0.06-6797 ~ _ .. ~,. ~.~ DAVID V. LAUTENBACHER, :CIVIL ACTION -LAW ~-- Defendant : IN DIVORCE/CUSTODY ~- .`P.:-, ~- __ ~. AFFIDAVIT OF CONSENT +y J `~ ~"` -- ~ A 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 28, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of 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.A. Section 4904 relating to unsworn falsification to authorities. Date: f l - ~~~c~- ~ ~-~~~ -,T Anne M. Lautenbacher ANNE M. LAUTENBACHER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.06-6797 r....:, • ~: DAVID V. LAUTENBACHER, :CIVIL ACTION -LAW _ - - ET-~ Defendant : IN DIVORCE/CUSTODY ~ ~ ~~ Y <.,' - =, r~: :~, -- WAIVER OF NOTICE OF INTENTION TO REQUEST ENT -' OF A DIVORCE DECREE UNDER §33011 OF THE DIVORCE CO$~E. `~' 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. §4904, relating to unsworn falsification to authorities. ~ + 1 .._~ Date: Anne M. Lautenbacher ANNE M. LAUTENBACHER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PF,NNSYLVANIA v. : NO. 06-6797 _ ~;4 DAVID V. LAUTENBACHER, :CIVIL ACTION -LAW ~ r~~ ,`~ ..;.. Defendant : IN DIVORCE ~- ^- `~- .~~ ~_ ~ - . AFFIDAVIT OF CONSENT N=- ~-_ ~-- ~~, 1. A i;ornplaint in Divor:,e. ::der SPc±ioP :301(cl of the Divorce Code was filed on November 28, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divc>i~ce ai'ter ser~~ice 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.A. Section 4904 relating to unsworn falsification to authorities. Date: _ ~~ ~ _ \2 i C~ David V. Lautenbacher ANNE M. LAUTENBACHER, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA , ,, w v. : NO. 06-6797 - ._ . , ;_...a .~, ,,. DAVID V. LAUTENBACHER, :CIVIL ACTION -LAW ~~' ~ ~ ~'~ ;f ,n -r Defendant : IN DIVORCE -=_ ~, - -:, _~, - t~ ;~"; .., 4~- .. .. L.'~u ._.. ~~ WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &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. §4904, relating to unsworn falsification to authorities. Date: \~f ~ - ~2.. David V. Laute bacher