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HomeMy WebLinkAbout96-06229 .~) ~ - . . .'3 - ~ 0- '"i I ~I ~. a.; / ",.-/ " / r I' " , IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - CUMBERLAND COUNTY BRANCH Stacy R. Rotz, civil Action - Law Plaintiff ve. I i{' (r)j'( /(/1 (e Ronald H. Rotz, Defendant In Divorce a v.m. NOTICE TO DEFEND AND CLAIM RIG~ You have been aued in court. If you wiah to defend againat the claims set forth in the following page a , you muat 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 againat you by the court. A judgment may alao be entered against you for any other claim or relief requeated in theae 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 irretrievable breakdown of the marriage, you counseling. A list of marriage counfle lors Office of the Prothonotary at Franklin Chambersburg, Pennsylvania. is indignities or may request marriage is ava ilable in the County courthouse, 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 RIGH'l' TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNO'l' AFFORD ONE, GO TO OR 'rELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMIlEllLAND co COlJJ1TIIOUSE 4 th FLOOR 1 COlJHTIlOlJSE SQUAHE CARLISLE PA 17013 3387 (717) 240 6200 IN THE COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT OF PENNSYLVANIA - CUMBERLAND COUNTY BRANCH stacy R. Rotz, civil Action - Law Plaintiff ve. I r it, , '. . I l, f......i I a. j.... Ronald H. Rotz, Defendant In Divorce a v~m. COMPLAINT IN DIVORCE COUNT I DIVORCE 1. Plaintiff is stacy R. Rot?, who lives and resides at 11 Pin oak Lane, Shippensburg, Cumberland County, Pennsylvania, and has resided there since September 30, 1996. 2. Defendant is Ronald Ii. Rot?, who lives and resides at 323 East Garfield street, Shippensburg, cumberland County, Pennsylvania, and has resided there since 1986. 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. Plaintiff and defendant were married an July 9, 1977, in Shippensburg, Cumberland county, Pennsylvania. 5. 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. 6. There have been no prior actlons for divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff requests the Court to enter a decree in divorce. 1 COUNT II REQUEST FOR EQUITABLE DISTRIBUTION 9. The prior paragrapha or this Complaint are inoorporated by rererence thereto. 10. Plaintiff and defendant have acquired property, both real and personal, durinq their marriage. 11. Plaintiff and defendant have been unable to agree as to an equitable distribution or said propsrty. WHEREFORE, Plaintiff respectfully requests thill Honorable Court to enter an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. COUNT III ALIHONY PENDENTE LITE 12. The prior paragraphs of this Complaint are incorporated herein by rererence th~reto. 13. Plaintifr is unable to suetain herself during the course or litigation. 14. Plaintiff lacks SUfficient property to provide reasonable needs and is unable to sustain herself appropriate employment. 15. Plaintiff requests the Court to enter an awar.d of alimony pendente lite until final hearing and thereupon to enter an Order of alimony pendente lite in her favor pursuant to Section 3702 of the Divorce Code. for her through 16. Plaintifr requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. WHEREFORE, Plaintiff respectfully requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony pendente lite in her favor pursuant to Section 3702 of the Divorce Code. 2 . ~"" " COUNT IV ALIMONY 17. The prior paragraphs of this complaint are inoorporated herein by reference thereto. 18. Plaintiff is unable to sustain herself during the cOUrse of this litigation. 19. Plaintiff lacks SUfficient property to provide reasonable needs and is unsble to sustain herself appropriate employment. 20. Plaintiff requests the Court to enter an aliard of alimony until final hearing and thereupon to enter an Order of alimony in her favor pursuant to Section 3701 of the Divorce Code. for her through 21. Plaintiff requires redlllonable support to adequately maintain her.elf in accordance with the standards of living established during the marriage. WHEREFORE, Plaintiff r.espectfully requeAts the Court to enter an award of alimony until final hearing and thereupon to enter an Order of alimony in her favor pursuant to Section 3701 of the Divorce Code. COUNT V REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES 22. The prior paragraphs of this Complaint are incorporated herein by reference thereto. ~3. Plaintiff has employed Michael B. Finucane, Esquire, to represent her in this matrimonial cause. 24. Plaintiff is unable to pay the necessary counsel fees, costs and expenses and defendant is more than able to pay them. 25. Reserving the right to apply to the Court for temporary counsel fees, costs, and expenses prior to the final hearing, plaintiff requests that, after final hearing, the Court order defendant to pay plaintiff's reasonable counsel fees, costs and expenses. 3 IN TH! COURT OF COMMON PLEAS OF THE 39TH JUDICIAL DISTRICT PENNSYLVANIA - FRAN~LIN COUNTY BRANCH stacy R. Rotz, Plaintiff civil Action ~ Law VS. F.R. 96 - 6229 Ronald H. Rotz, Defendant In Divorce a v.m. PRAECIPE TO REINSTATE COMPLAINT TOI Lawrence E. Welker, prothonotary I The Plaintiff requests the complaint in the above captioned matter be reinstated. '" -' ~.~ ..;........ /'.~ : -:::...'. "-1'/ .., ","'/;' ~ r ....>.:-. J- . -;...-- /'" -..~ .-.-- .~ ~i6~~1 B. Finuca~~, AEfy. tor Plaintitf Wingerd and Lon9 Chambersburg Trust Co. Bldg., Room 500 Chambersburg, PA 17201 (717) 264-4104 December 18, 1996. -,. If/ I lJ ~ t', .. ( \II' t.'; . I ~L ; ': I"~ ... .1 (.)11 ,'J 1,1 ~ ' ,.) 11.\' "I L.\ id. I ." " \.. " J J .}" t) IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT PENNSYLVANIA . CUMBERLAND COUNTY BRANCH Stacy R. Rotz, I civil Action - Law Plaintiff I I VII. I 196 - 6229 I Ronald H. RQtz, I I.lefendant I In Divorce a.Y,m. WAIV!R or NOTtC! or INTENTION TO REQUEST BNTRY or A DIVORCI DICRI! UNDER seCTION 3301(0) or TH! DIVORCI CODI 1. I consent to thlil ontry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawye~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 statementa 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 uneworn falsification to authorities. Datel 11\ ( ,199_ I ( '. ^ 1'/" - .. I I ( . I I' i I stacy R. ~dtz, P ain~Ptf IN THE COURT OF COMMON Pl,EAS OF TilE 9TH JUDIClAL DISTRICT PENNSYLVANIA - CUMBERLAND coUNTY BRANCH stacy R. Rotz, civil Action - Law Plaintiff vs. 196 - 6229 Ronald H. Rotz, Oefendant ln Divorce ft.v~m, AFFIDAVIT OF CON8IlNT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on November 13, 1996 and reinstated on December 19, 1996. 2. The marriage of plaintiff and defendant ia irretrievably broken and ninety days have elapsed frol'1 thu date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce. 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. 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 I ()" J~ c' , 199!:.- I I ~.. (1'// /F:::': Ronald H. Rot~1, Defendant \ I \ \ III , \' ',1, \' ,. I. , , ,', , j , '../ " ," , In the Cllllt1 ot Common P1lllLll of CUMIIERLAND County, l'cnnsylvllllhl DOMESTIC RELATIONS SECTION STACY R, RO'U ) Du'':~el Numher 96.6aa~CV l'lalnllrl' ) Vii, ) PACSIlS Cp~e Number 5160000aJ RO~ALP H, ROTIt ) 026.304 De~nllanl ) Olher SIPle I D Numrn:r Ordu AND NOW to wit, this JANUARY as I 1999 It is hereby Ordered that: THB MOVB CAPTIONBP ALIMONY PlINPBllTlI LITlI IS TlIllMINATBO Bl'l'BCTIVB OBCBMBBR Jl, 1998, WITH NO BALANCB PUB. OROI RJ Shad~ay llCI plaintiff dQfendant N. Finucane, J, IlItchlnRB, , ~~Bq.) ,) E t. 1\\,).,... 10. sq. .< ) (tA... I " 1\'I"1 Edgar II. lla ley JUDGE Service Type: M Funn OE.()()I Wnrker ID 21005 , I I I I I I I j1;; In '" 1.0 l.. F' " 1,': ~': " , , I, I,'" .', " I 'I' r' , 'I V' l' "i} I ~ I;' , I .. C.!"I IN 'l'HIi: COUR'l' OF COMMON P/.JIEAS 01' CUM13ER/.JI\NP COUNTY, Pli:NNS'I/.JVI\NIA Stncy R. Rotn, now Stacy 11. Smith, Civil Act iOI~ . /.Jaw Plaintiff Viii. 1196 - 6:2;19 Ci vil '~onald II. Rotz, Pefendant Cuatody ORDER or COURT NOW, '1 )'~llJU_ ~, 2001, upon consideration within Stipulation and Agreement, it ill hereby all followsl of the ordered 1. Plaintiff ill Stacy R. Rotz, now Stacy R. Smith, of 26 SME, Shippensburg, Cumberland county, Pennsylvania. 2. Pefendant is Honald II. Rotz, of 323 E. Garfield St" Shippenaburg, Cumberland County, Pennsylvania. 3, Stacy und Ronald, the natural parents of the children, shall have shared legal custody of their sons, Brady A. Rotz, born September 26, 1987, and Derel~ A. Rotz, born Decen~er 12, 1983, 4. Stacy and Ronald shall have physical custody of Brady and Perek according to the following schedule I a) Brady will reside with Stacy during the school year with partial custody to 11.onald on Wednesday evenings (from after school until drop off at 8130 p.m.) and every other weekend (from after school on Friday to Sunday at drop off at 8130 p.m.). b) Brady will reside with Ronald during summer vacation with partial custody to Stacy every other weekend with Brady to be dropped off at Mother's at 5100 p.m. on Friday and returned at 8130 p.m. to Father's on Sunday. c) Major holidays (Christmas, Thanksgiving, New Year's Eve, etc.) will alternate between the parties every other year. a. 'rhe plaintiff is represented by Michael n. Finucane who does not represent Ronald /-I. Rotz who has been advised to seek independent legal advice prior to signing this stipulation and agreement. NOW, THEREFORE, the parties, intending to be legally bound and waiving their l'ight to be present when this Agreement and Order are presented and executed, hereby stipulate and agree that thO! Court may entel' the following Order of Court in the above- captioned casel "ORDBR 01" CO!llIT NOW, rv~f\~"W "1ih, 2001, upon consideration of the withi~nd Agreement, it is hereby ordered as follows I 1. Plaintiff is Stacy R. Rotz, now Stacy R. Smith, of 2B SME, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Ronald H, Rotz, of 323 E. Garfield St., Shippensburg, Cumberland County, Pennsylvania. 3. Stacy and Ronald, the natural parents of the children, shall have shared legal custody of their sons, Brady A. Rotz, born September 26, 1987, and Derek A. Rotz, born December 12, 19B3, 4. Stacy and Ronald shall have physical custody of Brady and Derek according tv the folloWing schedule I a) Brady will resioe with Stacy during the school year with partial custody to Ronald on Wednesday evenings (from after school until drop off at 8130 p.m.) and every other weekend (from after school on Friday to Sunday at drop off at 8130 p,m,). b)Brady will reside with Ronald during summer vacation with partial custody to Stacy every other weekend with Brady to be dropped off at Mother's at 5100 p.m. on Friday and returned at BI30 p.m, to Father's on Sunday. c) Majol' holidays (Christmas, Thanksgiving, New Year's Eve, etc.) will alternate between the parties every other year.