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HomeMy WebLinkAbout03-2352 LAURA RICKABAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ~ No.o3-~3~ CIVIL TERM RICHARD L. RICKABAUGH, Defendant : IN DIVORCE NOTICE 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, High and Hanover Streets, Carlisle. IF YOU DO NOT FaE A CLAIM FOR ALIMONY, DMSION 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 Phone: (717) 249-3166 LAURA RICKABAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RICHARD L. RICKABAUGH, Defendant : NO. ()J-..2.lr:J- CIVIL TERM : IN DIVORCE COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Laura Rickabaugh, who currently resides at 160 Elm Street, Carlisle, Cumberland County, Pennsylvania, since March 1, 2003. 2. Defendant is Richard L. Rickabaugh, who is currently incarcerated at SCI Smithfield, 1120 Pike Street, P,O. Box 999, Huntingdon, Pennsylvania, since approximately 1998-1999. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiffand Defendant were married on November 25, 1989, in Weirton, Hancock County, West Virginia. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, ROMINGER & BAYLEY 1)~~e.. r.; \S'"., 0>, t:1~!El vJ- Attorney for Plaintiff 155 South Hanover Street Carlisle, P A 17013 (717) 241-6070 LAURA RICKABAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW RICHARD L. RICKABAUGH, Defendant : NO. CIVIL TERM : IN DIVORCE VERIFICATION I verify that the statements made in this 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. Date: 5- \ S-- D S % aUf\~ ~Ka..bn'l' ~ Laura Rickabaugh, Plaintiff ({ , ~~ ~ '- . ~ ~ ,~ --.c:: ~ v; o ~)\:) o ~ ...j ~ ............ ~- r.~.- ~. ). ~ :s - 1 t1::J p '"'" .", ""'" C) c- @ : ) LAURA RICKABAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v, CIVIL ACTION - LAW : No.03-2.35.2 CIVIL TERM RICHARD L. RICKABAUGH, Defendant : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE 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), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two 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 ifI 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 understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice ofIntention to Request Divorce Decree, the divorce decree may () s::: :u~ !pH} ;;> _J ' <'0r;.-~ -.. ~(::c ~>-- <:'. j;;." c. ;-;;:; --:, -<: <::::> w r .r::: ,;e I W d;":"'" fi? :f1 -r7r);;: "':'111 JQ .~:~~ 'J ,.1 :5 1~:1' :[;;! -0 -<:: - - - .", '0 LAURA RICKABAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RICHARD 1. RICKABAUGH, Defendant . .,.~~ : NO. 03,:}j5o<, CIVIL TERM : IN DIVORCE NOTICE 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 maniage, you may request marriage counseling. A list ofmaniage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A QIVORCp OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGID TO CLAIM A1jY OF THE~-' YOU SHOULD TAKE TillS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIfE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 - -~""v r...."...'f; I"'<""I"'OR"" -'l""'1:f ,~.. If .,\- ~f.~ ,1 .""i;' .i.'<\'~ .. ,~",..'.,J u ,~\-~;.~~ ~:'~"","<i '-' ",'';.' . .uI . ,- ,'. :.,-; ".y hall.. Ie: It;" ,.:~:.' '.<.~,::'", L~::;;i~.~.e8 ,. C"M day 01 ,1 '__ ;"i ..~ 4? _ //'l'.' 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. D,,~e.. Respectfully submitted, ROMINGER & BAYLEY r~ \)Jo3 /V1 r-zA} C V). ~chiclJ.~e,EsJ. Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 LAURA RICKABAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RICHARD L. RICKABAUGH, Defendant () r-- : NO. Q3 d3$:( CIVIL TERM : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. (.. AFFIDAVIT UNDER SECTION 33011d) OF THE DIVORCE CODE 1. The parties to this action separated in December of 1995, and have continued to live separate and apart for a period of at least two 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 ifl 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 IS Pa. C.S, ~ 4904 relating to unsworn falsification to authorities. Date: 5"- i 5- -c .s . -Ll I .0-,.. ijj; eke. bCi...<..J v i-I Laura Rickabaugh, Plaintiff:::' LAURA RICKABAUGH, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVll.. ACTION - LAW RICHARD L. RICKABAUGH, Defendant : NO. 03- 2352 CIVll.. TERM : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) I, Michael 1. Whare, Esquire, did serve by a Process Server to Richard L. Rickabaugh, a Complaint under Section 3301(d) ofthe Divorce Code at his address in Huntingdon, Pennsylvania 16652. Service was executed on May 22,2003. Affidavit of Service is attached. Dated: June 3, 2003 Respectfully submitted, ROMINGER & BAYLEY du~sqtvA 155 South Hanover Street Carlisle, PA 17013 (717)241- 6070 Supreme Court ill # 89028 Attorney for Plaintiff AFFIDAVIT. OF SERVICE Commonwealth of Pennsylvania County of Cumberland Common Pleas Court Case Number: 03-2352 Plaintiff: Laura Riekabaugh vs. Defendant: Richard L. Rickabaugh For: Mike Whare Rominger & Bayley ReceNed by ROMINGER LEGAL on the 19th day of May, 2003 at 4:08 pm to be~Mld OJ! ~HARD L. RICKABAUGH AT: SCI Smithfield, 1120 Pike St.. Huntindon, PA 16652. I, )5f( I AN H/J/( ~ R . being duly sworn, depose and say that on the.9J",L day of ;11 ,4, V .20& at 11 ::so 1..4m., eJCeCuted _r '\V\o service bv delivering a true copy of the No-\-ic~ - t::>1 \l DfG't' J A~\ de-\J \-\;. LVN:.\-e < 'Sec.A..\<Y'\ 3~::>I(d ') lfr b ~Q(t-( Cod~ 4- (A\s:, in accordance w~h state statutes in the manner marked below:. d "r"\\M S)\\.lO\(-e.. D.,. -4x0.&rA;S CJ:::u,.......,\-t> {- ~l.c.\CJ..Ni -\:.. ~oQJ( S-<>e'>;'Xl'Y' 3"? D \ ( ,Cl"'<- (Cf-\f y(INDMDUAL SERVICE: SeMld the within-named person. ( ) SUBSTITUTE SERVICE: By serving as ( ) POSTED SERVICE: After attempting service on _'_ at _ and on ----1_ at_ to a conspicuous place on the property described herein. ( ) NON SERVICE: For the reason detailed in the Comments below. MHitary Status: ( ) Yes or ( ) No If yes, what branch? Marital Status: ( ) Married or ( ) Single Name of Spouse COMMENTS: ---------- /..... -.' '"t c..::.:.c.:v---\\ ------- ~. ,I' ::J1'~ ~"\DS- ") Age I Se~F Race HeiQirt/j;/Cld -- Weight /J" otHai~j;'1 I i ~ G'asse0-.- ~I I certify that I have no interest in the above action, am of legal age and have proper authority in the jurisdiction in which this service was made. ;g;: ~-- . Subscribed and Sworn to before me on the ..2drd day of f'rl':tn' ;?OO3 by the afflllnt who is personally kn to me. ~~~. /JJL~ OTARY P BLlC NOTARIAL SEAL I<Imbra J. DruclcemIDer, Notary Borough of 1..ewIatown, MrIIin County, My Commission expires Julv '1 . PROCESS SERVER # Appointed in accordance with State Statutes ROMINGER LEGAL 155 S. Hanover St. O. Box 1148 arlisle, PA 17013 17) 960-9260 ur Job Serial Number: 2003000100 CopyrlghtC 1992-2001 Database SeMce9, Inc. - Process Server's TooIboxV5.5f () c ;;e:: -0 CD Eptp 2( en ._ -< -<.' ~C ;t,.,. Z~ >1:: z =< o w '- c= :z I (.,) o -'1 +-1 .r '''i';TI -~7 fn '00 ::?cS ...0-....1 --,., :c') <.- f"f"l '.J ~=-t ~ "U :1= i:-J '" (..J LAURA RICKABAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RICHARD L. RICKABAUGH, Defendant NO. 03-2352 CIVIL TERM ORDER OF COURT AND NOW, this 19th day of August, 2003, upon consideration of! Plaintiff's Petition To Bifurcate, a hearing is scheduled for Monday, October 27, 2003, at 9:30 a.m., in Courtroom No.1, Cumberland County Courthouse, Carlisle, Pennsylvapia. This hearing will be cancelled and the bifurcation ordered in the event that the paries file a , stipulation to that effect and that the divorce is agreed upon. BY THE COURT, ~ichael J. Whare, Esq. 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff (J ~chard L. Rickabaugh, DB-6288 SCI-Smithfield P.O. Box 999 Huntingdon, PA 16652 Defendant, Pro Se ~ 4t\~ ~ O~. QO .~ :rc , \iiNVl\l)8N~~3d ILl In". """"'''n'"' .r\. \1,'; ') '::--<:'~-i\t v 8iJ :(; (~ ! :.;;; ~ lL:, I',,J LAURA RICKABAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW RICHARD L. RICKABAUGH, Defendant NO. 03-2352 CIVIL TERM ORDER OF COURT AND NOW, his 27th day of October, 2003, it is hereby ordered and directed that the Prothonotary of umberland County, Pennsylvania, issue a Writ of Habeas Corpus ad Prosequendum directing the Warden of the State Correctional Institution at Huntingdon, to deliver the body f RICHARD L. RICKABAUGH to the Sheriffs Department of Cumberland County Pennsylvania, for the purpose of a hearing on a petition to bifurcate scheduled for Mon ay, November 24, 2003, at 1:30 p.m., at the Cumberland County For the purp se of his release from the said institution and his return thereto den of the State Correctional Institution at Huntingdon. Courthouse. The S riffs Department of Cumberland County is hereby directed to serve the Writ upon the following the heari g, unless otherwise ordered by the Court, this order to constitute sufficient warrant. BY THE COURT, Cumberland Count Sheriff's Office .. I..d./Id I 0 9 Co.> n <::> ..... ("") fil; :D ..... . .- N .~;:!.~ a> " .... '.~~. D " ~._~~"T'i :Jl: O~ ~ i5~ --I '0 ~ oS:" LAURA RICKABAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW RICHARD L. RICKABAUGH, Defendant NO. 03-2352 CIVIL TERM ORDER OF COURT AND NOW, this 17th day of November, 2003, it is hereby ordered and directed that the Prothonotary of Cumberland County, Pennsylvania, issue a Writ of Habeas Corpus ad Prosequendum directing the Warden of the State Correctional Institution at Smithfield, to deliver the body of RICHARD L. RICKABAUGH to the Sheriffs Department of Cumberland County, Pennsylvania, for the purpose of a hearing on a petition to bifurcate scheduled for Monday, November 24, 2003, at 1 :30 p.m., at the Cumberland County Courthouse. The Sheriffs Department of Cumberland County is hereby directed to serve the Writ upon the Warden of the State Correctional Institution at Smithfield. For the purpose of his release from the said institution and his return thereto following the hearing, unless otherwise ordered by the Court, this order to constitute sufficient warrant. BY THE COURT, --I I . fhJ<I/. // !- - / ~ . r:Wesley Ol~;) /f Cumberland County Sheriffs Office /a--n,-! ~J . /1-/8-03 j' ~ ...., , , , CUA i'_... PEi' i\ft;\/L"://\: '!iic\ IN THE COURT OF COMMONPLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION Laura Rickabaugh Plaintiff, Vs. Richard L. Rickabaugh Defendant, File No. 03-2352 Civil Term WRIT OF HABEAS CORPUS TO: Sheriff of Cumberland County By an Act of Assembly of 1785, we command you to have the body or bodies of Richard L. Rickabaul!h before the Honorable J. Wesley Oler, Jr., Judge of our Court of Common Pleas of Cumberland County, at the Courthouse, in the city of Carlisle, Pennsylvania, on Monday the 24th day of November, 2003, at 1 :30 o'clock, P.M. in Courtroom Number 1. WITNESS, the Honorable J. Wesley Oler, Jr., Judge, of our said court, at Carlisle, this 17th day of November, 2003. CURTIS R. LONG Prothonotary, Civil Division BY'~")). DOPU' LAURA RlCKABAUGH, Plaintiff v. RlCHARD L. RlCKABAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LA W NO. 03-2352 CIVIL TERM PLAINTIFF'S PETITION TO BIFURCATE ORDER OF COURT AND NOW, this 17th day of November, 2003, upon consideration of the attached letter from Defendant requesting appointment of an attorney and a postponement of the hearing on Plaintiff's Petition To Bifurcate "until the matter of the attorney can be resolved," Defendant's request for appointment of counsel is deniedl and the request for a postponement of the hearing in this regard is denied. Michael J. Whare, Esq. 155 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff ~chard L. Rickabaugh, DB-6288 SCI -Smithfield P.O. Box 999 Huntingdon, PA 16652 Defendant, Pro Se :rc BY THE COURT, Ji J. - ii , >~~ ~ 11 - !2/.{J3 I See Rich v, Acrivos, 815 A.2d 1106, 1108 (Pa. Super. Ct. 2003), ". \f1N\i^l^sr~N3d ) I.""~.. r'" ,-, '-''-''''1'''' \.li\~' r ,:'. ~', ",~I-',>.'/",l hJ 2(; q I j. \\;' n 2 n;~;l'~ Richard L. Rickabaugh, DB-6288 SCI-Smithfield P.O. Box 999. 1120 pike Street Huntingdon, Pa. 16652 November 6,2003 In the Court Of Common Pleas Of Cumberland County, pennsylvania J. Wesley Oler, Jr. Judge One Courthouse Square carlisle. Pa. 17013 Re:Laura Rickabauqh V. Richard Rickabauqh No. 03-22352 civil Term Your Honor, I respectfully ask that an attorney be appointed to the defendant. Richard Rickabaugh on these matters. The reason for this request is because. I can not afford an attorney. I respectfully ask that the hearing be postpone, until the matter of the attorney can be resolved. Respectfully Submitted. Q~~h~ ~ RICHARD RICKABAUGH LAURA RICKABAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, CIVIL ACTION - LAW RICHARD L. RICKABAUGH, Defendant No. 03-235;' CIVIL TERM ORDER OF COURT AND NOW, this 24th day of November, 2003, upon consideration of Plaintiff's Petit~ion To Bifurcate, and pursuant to an agreement of the parties reached in open court and on the record, the Plaintiff's Petition To Bifurcate is granted, and the Plaintiff is authorized to proceed with the litigation as it relates to grounds for divorce without at the same time litigating economic issues. The sheriff is requested to expedite the Defendant's return to the state prison. By the Court, cI/e- Michael J. Whare, Esquire 155 S. Hanover Street Carlisle, PA 17013 For the Plaintiff Richard L. Rickabaugh, SCI-Smithfield P.O. Box 999 Huntingdon, PA 16652 Defendant, Pro Se DB-6288 ~ /i~ 9z- 1/.;; ~-: 6.J wcy \111\1V/\lASNN3d A..LI'Jrl!_-Y~; :-i~ :;_'"-':;"!:~8V\!nJ .~,.. .r) 00 'f'; r:: (. j ;U,'~ ),'tJii,i,:. Laura Rickabaugh, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Richard L. Rickabaugh, Defendant CIVIL ACTION - LAW NO. 03-2352 IN DIVORCE CIVIL TERM NOTICE TO DEFEND 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 counsdors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle, P A. 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 A T 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, P A 17013 Phone: (717) 249-3166 or (800) 990-9108 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 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, Laura Rickabaugh, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. Richard L. Rickabaugh, Defendant CIVIL ACTION - LAW NO. 03-2352 IN DIVORCE CIVIL TERM AMENDED COMPLAINT FOR DIVORCE I. Plaintiff is Laura Rickabaugh, an adult individual, who currently resides at 160 Elm Street, Carlisle, Cumberland County, Pennsylvania 17013. 2, Defendant is Richard L. Rickabaugh, an adult individlual, who is currently incarcerated at SCI Smithfield, 1120 Pike Street, P. O. Box 999, Huntingdon, Huntingdon County, Pennsylvania 16654, since approximately 1998-1999. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. COUNT I - DIVORCE UNDER SECTION 3301(0) 4. Plaintiff and Defendant were married on November 25, 1989, in Weirton, Hancock County, West Virginia. 5, There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken, 7. Plaintiff has been advised that counseling is available, and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. COUNT II - UNDER SECTION 3301(A)(S) 9. The prior paragraphs of this Complaint are incorporated by reference, 10. On July 23, 1996, the Defendant was sentenced to a term of imprisonment in excess of two (2) years for various drug-related offenses. II. Defendant was sentenced to serve 40 to 64 years befl)re the Honorable Hiram A. Carpenter, III, in Blair County, Pennsylvania. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respectfully submitted, I/-/?- 0 <( fV/~U /jW~ Michael 1. Whare, Es2l'iire 155 South Hanover Street Carlisle, PAl 7013 (7 17) 241-6070 Supreme Court ID # 89028 Attorney for Plaintiff Date: VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn falsification to authorities. Date: 4- I':' -()L.f ~~ R.~Ynb~)' Laura Rickabaugh, Plamtiff , ~i Q ig1-,. ~ ~~ S; N ::R e w 0 ~ :IJO ~' $8 :% 6 ~ ~ ~ Richard L. Rickabaugh, DB-6288 P.O. Box 999, 1120 PIke St. Huntingdon, Pa. 16652 May 13,2004 Office Of The Prothonotary At The Cumberland County Court House High and Hanover Streets Carlisle, Pa. 17013 Re: No. 03-2352 Divorce I am notifying the said office, that I am refusing to sign the following documents, Affidavit Of Consent: and Waiver Of Intention To request Entry Of A Divorce Decree Undler Y330l( c) The Divorce Code. I don't feel as though that my marlriage was irretrievably broken. I am also requesting a hearing in front of a jUdge, so that I may object to the divorce. I'm also sending you a copy of the letter that I sent to, Michael J. Whare, Esquire, at 155 S. Hanover Street.-Carlile, Pa. 17013. Respectfully, Rerr~ >- o:~ :<i: /--,.. ts2 p.::P -'-FE ~c Q2 .3jo: ,-tu .L.iE IJ.. o ..,.. = = <'-' Q:) o N r ?5 ,,'-, j .._.1 - --'- 0... r- :.... ...- ;2 "'1 ~":: ...) () Richard L. Rickabaugh, DB-6288 P.O. Box 999, 1120 Pike St. Huntingdon, Pa. 16652 May 13,2004 Michael J. Whare, Esquire Rominger, Bayley & Whare 155 S. Hanover St. Carlisle, Pa. 17013 Re: No. 03-2352 Divorce Mr. Whare, I'm responding to the letter that your office sent me dated April 30,2004. I am notifying your office that I am refusing to sign the fOllowing documents, Affidavit Of Consent and Waiver Of Intention To Request Entry Of A Divorce Decree Under Y3301( c) The Divorce Code. I don't feel that my marriage is I am in within days of getting a my appeal. I am requesting a hearing in matters. I am sending a copy of this letter to the, Office of Prothonotary of Cumberland County. I will notifying the Office of the Prothonotary, that I am requesting a hearing to object to the divorce. irretrievably broken. decision from the court about front of the jUdge on these Respectfully, RICHARD L. RICKABAUGH ~~ (') f; G' t' t___ 6 -< .-.3 = = -""" o .n .-1 ~-rJ n'r- -om::) :I'J'1 ~o ~~,~~ -". ""ij -c -;- ~: -< -.J -n -,,~ t;:' Cl -.J LAURA RICKABAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO, 03 - 2352 CIVIL RICHARD L. RICKABAUGH, Defendant IN DIVORCE NOTICE OF FILING MASTER'S REPORT The report of the Master has been filed this date and copies have been sent with this notice to counsel of record and the parties. In accordance with P.R.C.P. 1920.55 within ten (10) days after the mailing of this notice and report exceptions may be filed to the report by any party. If no exceptions are filed within the ten (10) day period, the Court shall receive the report, and if approved, shall enter a final decree in accordance with the recommendations contained in the report, Date: 10/22/04 E. Robert Elicker, II Divorce Master NOTE: If exceptions are filed, file the original with the Prothonotary and a copy with the Master's office. At that time, the party filing the exceptions should notify the court reporter in the Master's office so arrangements can be made for a transcript. Upon completion of the transcript and receipt of payment, the entire file will be returned to the Prothonotary's office for transmittal to the Court at time of argument on the exceptions. If no exceptions are filed, counsel shall prepare an order of Court consistent with the recommendations and provide a proposed order of Court to the Master. Counsel shall also prepare and provide with the * proposed order of Court a praecipe* to the Prothonotary directing the Prothonotary to submit the case to the Court for final disposition. The Master will then transfer the file with the proposed order of Court and praecipe to the Prothonotary's Office for docketing and transmittal by the Prothonotary to the Court. Form available in the Prothonotary's office and the Master's office. (NOT the praecipe to transmit the record form as set out in P.R.C.P. 1920.73(b).) ;-~" "':,".:' ;:.---~) I;i -., . -,' 1'-) ,'I u: (.. LAURA RICKABAUGH, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 03 - 2352 CIVIL RICHARD L. RICKABAUGH, Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on October 21, 2004, commencing at 9:30 a.m. APPEARANCES: Michael J. Whare Attorney for Plaintiff Richard L. Rickabaugh (Pro Se - Testified by phone) Defendant PROCEDURAL HISTORY A complaint in divorce was filed on May 16, 2003, raising grounds for divorce of irretrievable breakdown of the marriage. The complaint did net raise any economic issues. On May 16, 2003, an affidavit was also filed under Section 3301(d) of the Divorce Code averring that the parties separated in December of 1995, a period in excess of two years. An amended complaint was filed on April 23, 2004, raising grounds for divorce under Section 3301(a) (5) averring a term of imprisonment of the Defendant in excess of two years for related drug offenses. This matter went before Judge Oler for a hearing on a request to bifurcate on Monday, November 24, 2003, at which time Mr. Whare, counsel for the Plaintiff, and both parties appeared before the Court.1 Because the Defendant, Richard L. Rickabaugh, filed a counter-affidavit averring that the marriage is "not irretrievably broken", Judge 01er bifurcated any economic iE:sues to be raised from the divorce and sent the matter to the Master to resolve the question of whether or not the marriage is irretrievably 1. Arrangements had been made to have Mr. Rickabaugh transported from prison for the Court hearing. 1 broken. The Master was appointed June 11, 2004, and following a conference on August 13, 2004, the Master scheduled a hearing for October 21, 2004, to take the testimony of the parties, Mr. Rickabaugh's testimony was arranged to be taken by telephone. No order was requested to the Court directing that he be transferred to Cumberland County for the hearing. The hearing occurred as scheduled on October 21, 2004, beginning around 9:30 p.m. Present in the hearing room were the Plaintiff and her counsel. The Defendant was notified by letter from Michael J. Whare, attorney for wife, that a hearing would occur by telephone on October 21, 2004, around 9:30 a.m. The Master's office also sent a hearing notice to the Defendant. Mr. Rickabaugh participated by phone as arranged and he was given the opportunity to testify. We also permitted an off the record discussion between Mr. Rickabaugh and his wife, Mr. Rickabaugh offered his reasons on the record why the marriage was not irretrievably broken, and then Mrs. Rickabaugh offered her testimony. The parties were married on November 25, 1989, and there were no children born of the marriage. Immediately following the hearing the Master proceeded to prepare his report and recommendation. 2 ISSUE PRESENTED The issue before the Master is whether or not the marriage existing between Laura Rickabaugh and Richard L. Rickabaugh is irretrievably broken. DISCUSSION Mr. Rickabaugh is 50 years of age and currently is a resident of the Smithfield State Correctional Institution in Huntingdon, Pennsylvania, where he has been incarcerated since December of 1995. According to records that were attached to Plaintiff's petition to bifurcate, Mr. Rickabaugh received consecutive sentences on drug possession and intent to deliver cocaine charges accumulating to approximately 40 to 60 years. Mrs. Rickabaugh is 37 years of age and resides at 160 Elm Street, Carlisle, Pennsylvania, where she resides with her male companion and two children who are the children of her friend, William Carter. Mrs. Rickabaugh has not seen her husband since 1996 when he was incarcerated in Somerset County, Pennsylvania. Although there has been occasional correspondence between the parties, there has been no direct personal contact. After hearing what purported to be the testimony of Mr. Rickabaugh, the Master concluded that the Defendant wished that the marriage not be dissolved because 3 he still loves his wife and wants her to visit him in the prison. The Master is satisfied that after listening to wife she has no intention of wanting to visit her husband nor does she have any desire to continue in this marital relationship. It is the Master's further observation and recommendation that there is no possibility that these parties can resume any kind of marital relationship in the future. The matter has been heard based on the fact that Mr. Rickabaugh checked the block on the counter-affidavit stating that the marriage is not irretrievably broken. However, the Master does take notice that Mr. Rickabaugh has been incarcerated for a period in excess of two years, since 1995 and that with the appropriate documentation and witnesses, Mr. Whare could have presented testimony specifically showing grounds for divorce under that section. However, the Master does not believe that it is necessary that we put Mr. Whare and his client to the test of having to prove an obvious situation regarding the incarceration of Mr. Rickabaugh. The evidence that would need to be provided would be certified copies of records and having the custodian of those records appear to testify which the Master did not feel was a necessary burden to place on the Plaintiff and her counsel considering the 4 issue involving irretrievable breakdown of the marriage was a direct and less cumbersome way of resolving the divorce claim. Mr. Rickabaugh also checked the block indicating he wished to raise economic claims. However, no economic claims have been raised in the action. RECOMMENDATIClN The Master recommends that the wife be granted a decree in divorce based on the separation of the parties in excess of two years under Section 3301(d) of the Domestic Relations Code. The Master further finds that the marriage between the parties is irretrievably broken. Respectfully submitted, ~-;;d4J~-~ E. Robert Elicker, II Divorce Master 5 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Laura Rickabaugh Plaintiff vs. No, Richard L. Rickabauqh Defendant Civil 2003 - 2352 It appearing that the Master's report in the above stated case has been filed for ten (10) days, that no exceptions have been filed thereto, that the costs have been fully paid and that all the requirements of law and Rules of Court have been met, you are hereby directed to submit th said case to the Court of Common Pleas of Cumberland County, Pennsylvania, at the next sitting thereof. TO: I /j ~lhLJ? W &:: Prothon t ry DATED: I, I~. () Common Pleas of Cumberland that the costs in the above state Master's fee. , Prothonotary of the Court of unty, Pennsylvania, do hereby certify case, have all been paid, including the ~m *<cl J? ~ Prothonotary ~ c" ,,;- ~~ c~: ..,:::" ~ .l" o ....n ..... :r.~ pl:-~ '-r\ -<11:3 <J, (~('\ -.F'. .~'C,,~, C~ l"S <"~'. ft.. ,;?- o ,":1- -- ...,., ......" -;,.. -s c:> c-, - - LAURA RICKABAUGH, Plaintiff IN THE COURT OF COMMON PLEA OF CUMBERLAND COUNTY, PENNSYLV IA vs, CIVIL ACTION - LAW NO. 03 - 2352 CIVIL RICHARD L, RICKABAUGH, Defendant IN DIVORCE MASTER'S REPORT Proceedings held before E. Robert Elicker, II, Divorce Master 9 North Hanover Street, Carlisle, PA 17013 proceedings held on October 21, 2004, commencing at 9:30 a.m. APPEARANCES: Michael J. Whare Attorney for Plaintiff Richard L. Rickabaugh (Pro Se - Testified by phone) Defendant PROCEDURAL HISTORY A complaint in divorce was filed on May 16, 2003, raising grounds for divorce of irretrievable brea down of the marriage. The complaint did not raise any econo ic issues. On May 16, 2003, an affidavit was also filed u der Section 3301(d) of the Divorce Code averring that the parties separated in December of 1995, a period in exce s of two years. An amended complaint was filed on April 2 , 2004, raising grounds for divorce under Section 3301(a) ( averring a term of imprisonment of the Defendant in exce s of two years for related drug offenses. This matter went before Judge Oler for a hearing on a request to bifurcate on Monday, November 24, 2003, at which time Mr. Whare, counsel for the Plaintiff, and both parties appeared before the Court.l Because the Defendant, Richard L. Rickabaugh, filed a counter-affidav t averring that the marriage is "not irretrievably broken", Judge Oler bifurcated any economic issues to be raised fr m the divorce and sent the matter to the Master to resolve he question of whether or not the marriage is irretrievably 1, Arrangements had been made to have Mr. Rickabaugh transported from prison for the Court hearing. 1 broken. The Master was appointed June 11, 2004, and following a conference on August 13, 2004, the Master scheduled a hearing for October 21, 2004, to take the testimony of the parties. Mr. Rickabaugh's testimony w s arranged to be taken by telephone, No order was reques ed to the Court directing that he be transferred to Cumber and County for the hearing. The hearing occurred as scheduled on Oct ber 21, 2004, beginning around 9:30 p.m. Present in the hear'ng room were the Plaintiff and her counsel. The Defendant was notified by letter from Michael J. Whare, attorney for wife, that a hearing woul occur by telephone on October 21, 2004, around 9:30 a.m. The Master's office also sent a hearing notice to the Defend nt. Mr. Rickabaugh participated by phone as arranged and he s given the opportunity to testify. We also permitted an 0 f the record discussion between Mr. Rickabaugh and his wife Mr, Rickabaugh offered his reasons on the record why the marriage was not irretrievably broken, and then Mrs. Rickabaugh offered her testimony. The parties were married on November 25, 1989, and there were no children born of the marriage. Immediately following the hearing the Maste proceeded to prepare his report and recommendation. 2 ISSUE PRESENTED The issue before the Master is whether or not the marriage existing between Laura Rickabaugh and Richa d L. Rickabaugh is irretrievably broken. 3 DISCUSSION Mr. Rickabaugh is 50 years of age and currently is a resident of the Smithfield State Correction 1 Institution in Huntingdon, Pennsylvania, where he has been incarcerated since December of 1995. According to records that were attached to Plaintiff's petition to bifurcate, Mr Rickabaugh received consecutive sentences on drug possession and intent to deliver cocaine charges accumulating to approximately 40 to 60 years. Mrs. Rickabaugh is 37 years of age and resides at 160 Elm Street, Carlisle, Pennsylvania, where she resides with her male companion and two children who are the children of her friend, William Carter. Mrs. Rickabaugh has not seen her husband since 1996 when he was incarcerated in Somerset County, Pennsylvania. Although there has been occasional correspondence between the parties, there has been no direct personal contact. After hearing what purported to be the testimony of Mr. Rickabaugh, the Master concluded that the Defendant wished that the marriage not be dissolved because he still loves his wife and wants her to visit him in t e prison. 4 The Master is satisfied that after listen ng to wife she has no intention of wanting to visit her hus and nor does she have any desire to continue in this marital relationship, It is the Master's further observation and recommendation that there is no possibility that these parties can resume any kind of marital relationship in the future. The matter has been heard based on the fact that Mr. Rickabaugh checked the block on the counter-affidavit stating that the marriage is not irretrievably broken, However, the Master does take notice that Mr. Rickabaugh has been incarcerated for a period in excess of two years, since 1995 and that with the appropriate documentation and witnesses, Mr. Whare could have presented testimony specifically showing grounds for divorce under that section. However, the Master does not believe that it is necessary that we put Mr. Whare and his client to the test of having to prove an obvious situation regarding the incarceration of Mr, Rickabaugh. The evidence that would need to be provided would be certified copies of records and having the custodian of those records appear to testify which the Master did not feel was a necessary burden to place on the Plaintiff and her counsel considering the , issue involving irretrievable breakdown of the marriage was a direct and less cumbersome way of resolving the divor e claim. Mr. Rickabaugh also checked the block indicating he wished to raise economic claims. However, no economic claims have been raised in the action, RECOMMENDATION The Master recommends that the wife be granted a decree in divorce based on the separation of th parties in excess of two years under Section 330l(d) of t e Domestic Relations Code. The Master further finds that t e r--) \ /' U/ d&..r.-t {1<--..?l~~ marriage between the parties is irretrievably broken. Respectfully submitted, E. Robert Elicker, II Divorce Master 5 . . . . . . . . . . . . . . . . . . . . . . . . .. . . +::f.~;f.~:f.+:f.:f.:t:f.:f. :f.'f.+:+: :+::f.+:f.:f.+:+:+':f.:f.:f.+.+:+:+:+:+:+:'f:+;:f.:f.+:f.'f:t':f.+ :f.:f. :f.:f. IN THE COURT OF COMMON PLEA OFCUMBERLANDCOUNTY STATE OF T.:::tllr::\ Ri....ka'oan'Jr Plaintiff . . VERSUS Richard L. Rickabaugh . . . . . . . . Defendant . . . . AND NOW, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++ '+' + +. 'f :+ :+ :+ DECREED THAT AND PENNA. No. 2003 23 2 DECREE IN DIVORCE 'D e-L t 2bb't, IT IS ORDERED AND 7 Laura Rickabaugh , PLAINTIFF, Richrd L. Rickabaugh , DEFENDANT ARE DIVORCED FROM THE BONDS OF MATRIMONY. +:+:+::+:+++++...., . . . . . . . . . THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE ++:+++ ++++++:f.+++ ++++++++++++++++++ BEEN RAISED OF RECORD YET BEEN ENTERED; IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT None ATT PROTHONOT RY :f.+'f:f.+++++':++ H +++. '1' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Of +:+: +. +. ++' J. .,# f ,nr- ~pt/., "'" "'" o? ~ A.&; f") zntyL I -f/v v - ,.. . ./iJ r:t:- el /41 "c.'e -el - ---