The URL can be used to link to this page

Home My WebLink About02-4266KENNETH W. CLESS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ' NO. 2002-/-/%~F--~ CIVIL TERM SUSAN Y. CLESS, 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, 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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 Two Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KENNETH W. CLESS, Plaintiff SUSAN Y. CLESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA · NO. 2002- ~2,(~ CIVIL TERM · CIVIL ACTION-LAW · IN DIVORCE COMPLAINT UNDER SECTIONS 3301 AND 3301(D) OF THE DIVORCE CODF 1. Plaintiff is Kenneth W. Cless, an adult individual who resides 43 at Limekiln Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Susan Y. Cless, an adult individual who is currently represented by David Lopez, Esquire, of MidPenn Legal Services, Inc, Eight Irvine Row, Carlisle, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 9, 2000, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 7. The marriage is irretrievably broken. The 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. counseling. 8. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the Court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. Respectfully submitted, O'BRIEN, BARIC & SCHERER I.D.# 61974 17 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Kenneth W. Cless Date: g.z'7.07.. mas.dir/domestic/cless/complaint.div VERIFICATION I verify that the statements made in the foregoing 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. ~Kenneth W. Cless DATED: KENNETH W. CLESS, Plaintiff Vo SUSAN Y. CLESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4266 CIVIL TERM 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, 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 the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. 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, PA 17013 Telephone: '(717) 249-3166 KENNETH W. CLESS, Plaintiff SUSAN Y. CLESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4266 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE AMENDED COMPLAINT UNDER SECTIONS 3301(C)AND 3301(D) OF THE DIVORCE CODE 1. Plaintiff is Kenneth W. Cless, an adult individual who currently resides at 43 Limekiln Road, Carlisle, Pennsylvania 17013. 2. Defendant is Susan Y. Cless, an adult individual who is currently represented by Rob A. Krug, Esquire, of 53 East Canal Street, Dover, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 9, 2000, in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Plaintiff hereby incorporates by reference paragraphs I through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. States. 8. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United Plaintiff avers that the marriage between the parties is irretrievably broken. The 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. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II-EQUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs I through 9 above. 11. The parties have acquired real and personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Respectfully submitted, O'BRIEN, BARIC & SCHERER Michael ,~. Scherer, Esquire I.D. #61974 17 West South Street Carlisle, Pennsylvania 17103 (717) 249-6873 Attorney for Kenneth W. Cless VERIFICATION I verify that the statements made in this Amended 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. ;\ Kenneth W. Cless Date: ..~-.~"- 0~.~ KENNETH VV. CLESS, Plaintiff Vo SUSAN Y. CLESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4266 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICF I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Amended Complaint in Divorce to the Defendant's attorney, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARIC & SCHERER DATE: 3-:. 7. o 3 BY Michael A. Scherer, Esquire mas.dir~domestic~cless~amendedcom.div KENNETH W. CLESS, Plaintiff SUSAN Y. CLESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4266 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divome under Section 3301(c) of the Divorce Code was filed on September 6, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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: ~Kenneth W. Cless KENNETH W. CLESS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA SUSAN Y. CLESS, Defendant : NO. 2002-4266 CIVIL TERM : CIVIL ACTION-LAW : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on September 6, 2002. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without notice. 4. 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. 5. 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. / ~usan Y. Cless KENNETH W. CLESS, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : NO. 02 4266 CIVIL : SUSAN Y. CLESS, : Defendant : IN DIVORCE ORDER OF COURT AND NOW, this /7~% day of 2003, the parties and counsel having entered into an agreement and stipulation resolving the economic issues on October 17, 2003, the date set for a conference, the agreement and stipulation having been transcribed, and subsequently signed by the parties and counsel, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, CC: Michael A. Scherer Attorney for Plaintiff Robert A. Krug Attorney for Defendant KENNETH W. CLESS, : Plaintiff : SUSAN Y. CLESS, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02 - 4266 CIVIL IN DIVORCE THE MASTER: Today is Friday, October 17, 2003. This is the date set for a conference with counsel and the parties in the above captioned, divorce proceedings. Present in the hearing room are the Plaintiff, Kenneth W. Cless, and his counsel Michael A. Scherer, and the Defendant, Susan Y. Cless, and her counsel Robert A. Krug. This action was commenced by the filing of a complaint in divorce on September 6, 2002, raising grounds for divorce of irretrievable breakdown of the marriage. The parties have signed today affidavits of consent and waivers of notice of intention to request entry of divorce decree so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code. The Master's office will file the affidavits with the Prothonotary. On May 5, 2003, an amended complaint was filed raising the economic claim of equitable distribution. No claims have been raised by either party for alimony or counsel fees and expenses. The parties were married on September 9, 2000, and separated August 1, 2002. There were no children of this marriage. The Master has been advised that after negotiations this morning the parties have reached an agreement with respect to the claim of equitable distribution. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be the substantive agreement of the parties not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. The a~'reement will be transcribed and sent to the parties an.d counsel to review for typographical errors, they will make any corrections of typographical errors as required and then affix their signatures affirming the terms of settlement as stated on the record. In any event, the parties are bound by the agreement when they leave the hearing room today even though there is no subsequent signing of the agreement affirming the terms of settlement. After the Master has been provided a completed agreement he will prepare an order vacating his appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. Mr. Scherer. MR. SCHERER: 1. The parties are owners of real estate at 43 Limekiln 2 Road, Carlisle, Pennsylvania. Wife will convey her ownership interest in that real estate to husband within ten (10) days of today's date. Husband's counsel will prepare a deed for wife to sign in order for wife to convey her interest in the property to husband. Husband will refinance the mortgage on 43 Limekiln Road within sixty (60) days of the date of the divorce and will indemnify and hold wife harmless on that obligation until the refinance occurs. 2. Husband will pay wife the sum of $1,500.00 upon husband's receipt of the deed set forth in Paragraph 1. 3. The ~arties have previously divided all intangible personal property and any such property currently titled in husband's 9ame or in the possession of husband shall be husband's separate property and any such property presently titled in wife's name or in the possession of wife shall be wife's separate property. 4. Husband waives any interest he has in any retirement benefits of wife including those benefits with Delta Dental, and wife waives any interest in any retirement benefits in husband's name including husband's retirement with Feesers. 5. Wife shall appear at the marital residence on November 1, 2003, at 10:00 a.m. and stay no later than 12:00 noon in order to retrieve the following items which shall become the property o~f wife. Wife will not have access to the residence but husband shall place the items in the driveway the day of pickup provided it is not raining. If it is raining, wife shall appear at the marital residence on November 8, 2003, at 10:00 a.m. and stay no later than 12:00 noon. The items are as follows: Mirror almond; Tawny Ridge; Flint Ridge; tangerine dinner ware; gingerbread sand piece commemorative bank; bedroom suite; 32" television; and various pre-marital items, including coats, clothing, Christmas decorations, birth certificate and other personal papers. Aside from the foregoing, the parties shall keep as their separate property all other items of tangible personal property presently in their respective possessions. 6. The parties acknowledge that there is no marital debt except for the mortgage which is going to be refinanced. Any debt incurred hereafter shall be the debt of the party incurring ~t. 7. Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow's allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other's estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims. MR. SCHERER: Ken, you have been here this morning during the dictation of this agreement, is that correct? it? the agreement? MR. CLESS: Correct. MR. SCHERER: Did you understand it? MR. CLESS: Yes. MR. SCHERER: Do you have any questions about MR. CLESS: No. MR. SCHERER: Is it your desire to enter into MR. CLESS: Yes. MR. KRUG: Susan, you've while this agreement was dictated? MS. CLESS: Yes. MR. KRUG: put on the record? been in the room You've heard everything that was MS. CLESS: Yes. MR. KRUG: And are you agreement with everything that was listed on that agreement? MS. CLESS: Yes. MR. KRUG: And it is your desire to finalize this divorce and comply with that agreement? MS. CLESS: Yes. THE MASTER: This is directed to both parties, do you understand that even if this is not signed, this document that we are going to prepare, you are bound by the terms of this today? MR. CLESS: Yes. MS. CLESS: Yes. agreement when you leave the hearing room I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: Mic~eE A. ~c~erer Attorney for Plaintiff Robert A. kr~'/ t Attorney fOr(Defendant k%nne~ W~ Cless IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KENNETH W. CLESS, Plaintiff VS. SUSAN Y. CLESS, Defendant NO. 2002-4266 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, ROB A. KRUG, ESQUIRE, Counsel of Record for SUSAN Y. CLESS, Defendant in the above captioned matter, do hereby verify and acknowledge that I have the authority from the Defendant to accept service of the Divome Complaint on her behalf. I did accept service of the Notice to Defend and Amended Divorce Complaint on the _.May 13, 2003. DATE: KENNETH W. CLESS, Plaintiff SUSAN Y. CLESS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4266 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORI3 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 3301(c) of the divorce code. 2. Date and manner of service of the complaint: Rob A. Krug, Esquire attorney for the Defendant signed an Acceptance of Service form on May 13, 2003. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent required under Section 3301 (c) of the divorce code: by the plaintiff_ October 17, 2003 by the defendant October 17, 2003 ' (b) (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the divorce code N/A (2) Date of service of the plaintiffs affidavit upon the defendant Related claims pending Complete either (a) or (b) NONE (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's waiver of notice in Section 3301(c) divorce was filed with the Prothonotary: October 17, 2003 Date defendant's waiver of notice in Section 3301 (c) divorce was filed with the Prothonotary: October 17, 2003 Michael A. Scherer, Esquire Attorney for Plaintiff, Kenneth W. Cless IN THE COURT OF COMMON KENNETH W. Plaintiff VERSUS SUSAN y. CLESS, Defendant OF CUMBERLAND COUNTY STATE OF ~.~~~ PENNA. CLESS, N O. 2002-4266 PLEAS CIVIL DECREE IN DIVORCE AND NOW, DECREED THAT AND KENNETH W. CLESS SUSAN y. CLESS , PLAINTIFF, , 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; THE PARTIES AGREEMENT DATED OCTOBER 17, 2003 IS INCORPORATED HEREIN AS A FINAL ORDER OF COURT. BY THE COURT: / PROTHONOTARY