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HomeMy WebLinkAbout95-05379 . , -~~~~-~~~~----------~-~-~~~~~~~ . - nl! , e, : IN THE COURT OF COMMON PLEAS : . OF CUMBERLAND COUNTY . 8 . . * . .. ~ STATE OF "7\', . .,~ PENNA. : . , . ' . . I · . CAROLYNBLAIlUSCH ,: . . Nil. ....537.9....... ................. 1995 . . " .. Vl'l~tlfi * . .... J~ W. ~SCH . . ,; . . , . , ~ . DECREE IN ~ . .4- ~A ~ . D I V 0 R C E ~JfJ" 2' flt · ; AND NOW. ... . . ... .. .. .. if,. 19'J.r. It I. o,d.,ed and ~ -. decreed that ..... ..~~~~~ .~~~~~~~~ .. .. .. . .. .. .. . .. . .. . .. .. ... plaintiff, ~ : ::d~I~~;~~~'~;~~ ';:::::~~~::~:::~;~~~~',"""""""'" defendant, ; . ~ . The court retains jurisdiction of the following claims which have · , been raised of record In this action for which a final order has not vet : . been entered; . .,.........,...,.... ,;.:b~....",..."..,......,....,.......,....., : . . . . .. . .. .. . .. .. .. .. .. .. .. .. .. . .. .. . .. .. .. . .. .. .. . .. .. .. .. .. . ~ ~ ., ~ _ iii . . I~ . i' . iW I: ll!l l~ I. ___...__n._._ . 'Ill ----~~~~~.~-~._.~*~..~~~.~.~.~~ . It?/) ,95 {};d. to/'f lua:.J/ ~ 4~4 /I, 30 ,qs 11~ fH;';u 10 11' , '"' "" CAROLYN BLAHUSCH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA CIVIL ACTION NO. 95-5379 IN DIVORCE vs. JAMES W. BLAHUSCH, Defendant 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 1. Code. Grounds for divorce: Section 3301 (d) of the Divorce 2. Date and manner of service of the complaint: certified mail, restricted deliver, October 13, 1995, 3, Date of filing of the Affidavit of Having Lived Separate and Apart required by Section 330l(d) of the Divorce Code: october 10, 1995 by Plaintiff and Defendant did not file counter-Affidavit. 4. Related claims pending 1 None. 5. Date and manner of service of the notice of Intention to Request Entry of Divorce Decree, a copy of which is attached, if the decree is to be entered under section 330l(d) of the Divorce Code: November 8, 1995, by first class mail. Respectfully submitted, Date: ~~~.r.c;~'J' 4--:' M chael D. Rentschler 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-9129 Attorney for Plaintiff co: carolyn Blahusch ~/ ..' I I CAROLYN BLAIIUSCII, 'I Plaintiff :, :1 I, , II I' , ,I 11 II IN OF 01' TilE COUR'r OF COMMON CUMBERLAND COUN'l'Y PENNSYLVANIA PLEAS vs, CIVIL ACTION NO. 9$'0' .!,- j ')$' IN DIVORCE JAMES W. BLAIIUSCII, Defendant NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(4) '1'0: James W. Blahusch, Defendant You have been sued in an action for divorce. You have failed I to answer the complaint or file a counteraffidavit to the plaintiff's affidavit. Therefore, on or after~j"....<.... --' () , 19~ the plaintiff can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a I oounteraffidavit by the above date, the court can enter a final " deoree in divorce. Unless you have already filed with the court a I written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the :1 right to ask for economic relief. A counteraffidavit which you may I file with the Prothonotary of the Court is attached to this notice. I I 11 I I , YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO ' 'I' NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH DELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. il II 1 Court Administrator Cumber land County Court 1I0use Fourth Float" 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 -.. ~ ~ - iE In ~ ("') :.- .~ .. ..,... "" I. ~.. (.\ ~ .~-l::\ ~::- :;r L&.."' 'l oJ" '1.-- l..; l.;. .:.~ "-'ct. Il _I :_.t t...'....r:: ..L ..., I -L a. -, :~: "_\ - '" ... :IE . CAROLYN BLAHUSCIl, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA CIVIL ACTION : NO. 9t~ 4J'l9 /2,.....,.l ~'L'.., IN DIVORCE vs. JAMES W. BLAHUSCH, Defendant NOTICI!I TO Dlr.ND 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 atl Office of the Prothonotary cumberland County Court House 1 Courthouse square carlisle, Pennsylvania 17013-3387 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. Court Administrator cumberland county court House Fourth Floor 1 Courthouse square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 CAROLYN BLAHUSCH, plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY OF PENNSYLVANIA vs, CIVIL ACTION : NO. IN DIVORCE JAMES W. BLAHUSCH, Defendant NOTICB or RIGR'r '10 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 a list of marriage counselors is available in the Office of the Prothonotary atl Office of the prothonotary cumberland County court House 1 Courthouse square Carlisle, Pennsylvania 17013-3387 Prothonotary CAROLYN BLAHUSCH, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. : : CIVIL ACTION : NO. I IN DIVORCE JAMES W. BLAHUSCH, Defendant COMPLAINT IN DIVORCI UNDIR SICTION 3301(d) 1. plaintiff is carolyn Blahusch, a oitizen of Pennsylvania, residing at 413 Hillside Road, New Cumberland, Cumberland county, Pennsylvania, 17070. 2. Defendant is James W. Blahusch, a citizen of residing at 130 Byron Nelson circle, Etters, Pennsylvania, 17319. pennsylvania, York county, 3. plaintiff and Defendant are au1 iuri. and have been bonafida residents of the commonwealth of Pennsylvania for at le.st six months immediately preoeding the filing of this complaint. 4. The parties are husband and wife and were lawfully married on september 19, 1970, in Dauphin county, Pennsylvania. 5. The marriage is irretrievably broken. 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 instituted by jurisdiotion. been no prior action for divorce or annulment either of the parties in this or any other 8. The plaintiff has been advised of counseling and of the right to request that parties to participate in counseling. the availability of the court require the aequest for Divorce Due to Irretrievable Breakdown Under 3301(4) of the Divorce Co4e 9. The prior paragraphs of this complaint are incorporated herein by reference thereto. 10, The marriage of the parties is irretrievably broken. 11. A period of two (2) years has elapsed from the date of separation, which was August 19, 1988, and plaintiff has filed her affidavit of having lived separate and apart. 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, two (2) years have elapsed from the date of separation and plaintiff has filed her affidavit. plaintiff respectfully requests the court to enter a Decree of Divorce, pursuant to 330l(d) of the Divorce Code. Respectfully submitted, re ,. VERIFICATION I, carolyn Blahusch, verify that the statements mad. in the complaint are true and correct. I understand that false statements herein are made subjeot to the penalties of 18 Pa. c.S. 54904 relating to unsworn falsification. ~1t'~~?~r~1" aro y a usc , P anti f CAROLYN BLAHUSCH, : IN THE COURT OF COMMON PLEAS plaintiff : OF CUMBERLAND COUNTY : OF PENNSYLVANIA vS. : : CIVIL ACTION JAMES W. BLAHUSCH, 1 NO. Defendant : IN DIVORCE AFFIDAVIT OF HAVING LIVED SEPARATB AND APART UNDER SECTION 3301(d) or 'rHB DIVORCB CODI NOTICB TO THB DBFBNDAN'r If you wisb to deny any of tbe etatements set fortb in tbie affidavit, you muat fUe a counteraffidavit witbin twenty (20) days after tbis affidavit bas been served on you or tbe stataments vill be a4Jllitted. plaintiff'S Affidavit under section 330l(d) of the Divorce code. 1. The parties to this action separated on August 19, 1988, and have continued to live separate and apart for a period of two (2) years. 2. The marriage is irretrievablY broken. 3. 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 divorcs is granted. 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. 54904 relating to unsworn falsification to authorities. Date I /f)- t;. ~ \~ /ttA~LA' /5!.t /'W /Jf"L, Plaint f, Carolyn Blahusch CAROLYN BLAHUSCH, plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY OF PENNSYLVANIA : CIVIL ACTION NO. IN DIVORCE vs. JAMES W. BLAHUSCH, Defendant COUNTBR-AFFIDAVIT UNDBR SBCTION 3301(4) OF 'rHB DIVORCI CODB 1. check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (il) or both): (i) The parties to this action have not lived separate and apart for a period of at least two (2) years. ____(ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ____ (a) I do not wish to make any claims for economic relief. 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. ____ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. ";-, I verify that the statements made in this counteraffidavit are true and correct. I understand that false statements herein are Ilade subject to the penalties of 18 pa.C.S.S4904 relatin9 to unsworn falsification to authorities. Defendant, James W. Blahusch NOTICEI If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economio relief, you need not file this counteraffidavit. Date: -k ~ ~ -/............. ~~~ &l-u - .., :,:; ;~ . ~ ~ en a:. ~ - .-: . OJ Vl () ~1\ ::r v>o V, "l: ..'") . . ~V) ~ :.J. = ..... Vol. -......; ,- "ttJ ..",.. fJ C:J . ... CAROLYN BLAIIUSCII, plaintiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY OF PENNSYLVANIA vs. CIVIL ACTION NO. '1~--pn~ IN DIVORCE JAMES W. BLAIIUSCH, Defendant if 0 TIC E T 0 D E F E if D 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. is indignities or may request marriage is available in the When the ground for the divorce irretrievable breakdown of the marriage, you counseling. A list of marriage counselors Office of the Prothonotary at: Office of the prothonotary cumberland county court House 1 Courthouse square carlisle, Pennsylvania 17013-3387 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 TillS 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 OU'!' WHERE YOU CAN GET LEGAL HELP. Court Administrator cumberland county court House Fourth Floor 1 Courthouse Square Carlisle, pennsylvania 17013-3387 (717) 240-6200 . .. I 1 CAROLYN BLAHUSCH, I Plaintiff " Ii vs. IN THE COURT OF COMMON PLEAS I OF CUMBERLAND COUNTY OF PENNSYLVANIA CIVIL ACTION NO. 'JS-' :,'3,77 IN DIVORCE , 1 JAMES W. BLAHUSCII, II Defendant ,I II ;1 :1 I: TO: tl '1 NOTICI or INTINTION TO REQUEST INTRY or DIVORCI DECRII UNDIR SICTION 3301(4) James W. Blahusch, Defendant I You have been sued in an action for divorce. You have failed , 'I "to answer the complaint or file a counteraffidavit to the plaintiff's affidavit. Therefore, on or after ~;(._~.)b , 1~ the plaintiff can request the court to enter a final decree in divorce. i it If you do not file with the prothonotary of the court an 'I answer with your signature notarized or verified or a 'i 1 counteraffidavit by the above date, the court can enter a final ~ ! iil decree in divorce. Unless you have already fBed with the court a written claim for economic relief, you must do so by the above date I' or the court may grant the divorce and you will lose forever the , right to ask for economic relief. A counteraffidavit which you may file with the Prothonotary of the Court is attached to this notice. I I , YOU SHOULD TAil THIS PAPIR TO YOUR LAWYIR AT ONCI. Ir yOU DO I NOT HAVI A LAWVlR OR CANNOT ArrORD ONI, 00 TO OR TILBPHON. THI I I orrICI SIT rORTH BILOW TO rIND OUT WHIRl YOU CAN GIT LIGAL HILP. Court Administrator Cumberland County Court House Fourth Floor 1 courthouse square carlisle, Pennsylvania 17013-3387 (717) 240-6200 . . CAROLYN BLAHUSCH, plaintiff I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. JAMES W. BLAHUSCH, Defendant CIVIL ACTION NO. "l.!>", t','J)7 IN DIVORCE CIRTIrICATI or SIRVICI I, Michael D. Rentsohler, Esquire, hereby certify that on the date set forth below I served a true and correct copy of the foregoing dooument upon the Defendant, by First Class united states mail addressed as follows: Date: ///8'/,;.}- . . James. W. Blahusch 130 Byron Nelson Circle Etters, PA 17319 ..c::-, . . ~~~~-~ Ml.chael" D. ' R~ts~ifler, Esquire . . ~ "'::: "'- c:> .... = 1; ::.<: .,,".. .~~ t:: . ,-. I '. ~ ' L.-' l~ ' p' .! , ~~I ~'l ..,L ':1,. '. ' ,Ill L ';::J -'I)" ,. " ,) "_I ss . . . . ~.', vs. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA CIVIl;... ACTION C '-r: NO. '(S'~SJ7q ...,,'l fEa.N"\ IN DIVORCE I CAROLYN BLAHUSCH, Plaintiff JAMES W. BLAHUSCH, Defendant ArrIDAVIT or MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF cu_....~ft.,-,." ,-~8 .,. Michael D. Rentsohler, Esquire, the attorney for plaintiff, being duly sworn acoording to law, says that he mailed by oertified, restricted mail, return receipt requested, a true and correct copy of the plaintiff's complaint in Divorce and a counter- Affidavit in this action to the Defendant at his residence, and that Defendant did receive same as evidenoed by the signed reoeipt attached hereto as Exhibit "A". _ 4- ~ .-,,"./:;1 ~-' /' ~ 'V',& -'-'.,...:- M c Bel D. Rentsc er, Esquire Attorney for plaintiff 28 N. 32nd street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subsof,ibed beforp, me this d1!.!: day of N~(c,\~jt, , 1995. Ct.NvIv- .L /Ul1h.- Notary public . (d.:"',' . .' Mo,.),,,"'il "~'..J,; ._' W'1 C"lfdt. 0"'1,' :' , . --..... .,. ",. I ,'r .\.;' .. ",,,,,,'~"'- ; i j I I I , I , , Il'i .Cctft'liIIII';"t..-alol_-. .Cctft'liIIII- 3,... end", :11 .::'C"'.,::""..., - on" _oI...Iomt............ "'urn "" ._..Iomt............oI....tllIIIpIoao. 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