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HomeMy WebLinkAbout07-2539ALYCE ZERBE, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. o? - w'2937 0 t uiL? In * JOSEPH ZERBE, * CIVIL ACTION - LAW Defendant * 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 COURTHOUSE, 1 COURTHOUSE SQUARE, CARLISLE, PA 17013. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 i ALYCE ZERBE, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 0 ?- -?S3g Ccu?P -7;z- JOSEPH ZERBE, * CIVIL ACTION - LAW Defendant * IN DIVORCE COMPLAINT COUNT I - DIVORCE UNDER $3301(c) or §3301(d) OF THE DIVORCE CODE 1. Plaintiff is Alyce Zerbe, who currently resides at 3335 Green Street, Apartment A, Camp Hill, Pennsylvania 17011. 2. Defendant is Joseph Zerbe, who currently resides at 3335 Green Street, Apartment A, Camp Hill, Pennsylvania 17011. 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. Plaintiff and Defendant were married on December 7, 2002 in Pennsylvania. 5. The parties are the parents of three (3) minor children: Elyzabeth A. Zerbe, born March 30, 1999; Travis R. Zerbe, born June 10, 2003; and Carlos A. Zerbe, born October 7, 2005. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Neither party is presently a member of the Armed Forces on active duty. 8. Plaintiff has been advised that counseling is available and that she may have the right to request that the court require the parties to participate in counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being issued. 9. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. 10. Plaintiff requests This Honorable Court enter a Decree of Divorce. WHEREFORE, Plaintiff respectfully requests This Honorable Court enter an Order dissolving the marriage between Plaintiff and Defendant. Respectfully submitted, WILEY, LENOX, COLGAN & MARZZACCO, P.C. Dated: Timothy J. o , sire 130 West Church Street Dillsburg, PA 17019 (717) 432-9666 I.D. # 77944 ALYCE ZERBE, * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLAND COUNTY, PENNSYLVANIA * vs. * * NO. JOSEPH[ ZERBE, * CIVIL ACTION - LAW Defendant * IN DIVORCE VERIFICATION I, Alyce Zerbe, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. CS. §4904, relating to unworn falsification to authorities. Date; 0-7 /0-7 c C Alyce erbe Plaintiff w t W ? - O N c? ..s; N -r, W t.? CO '( sr? -G ALYCE ZERBE, *IN THE COURT OF COMMON PLEAS Plaintiff *CUMBERLAND COUNTY, PENNSYLVANIA * VS. * NO. 07-2539 Civil Term * JOSEPH ZERBE, * CIVIL ACTION - LAW Defendant * IN DIVORCE RETURN OF SERVICE On the 0? day of May, 2007, I, David Rudy, Process Server, served JOSEPH ZERBE, with the Divorce Complaint filed on May 2, 2007 by ,?/.4 NAra 6 j jQae?;J? -7n 10 s6PR ZE RB E. (manner of service) at ,34411 &gi rr T ILI' ? ,q, t f'yI , at d 7pm. (time of service). I verify that the statements in this return of service are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Date: .5- /j) -arT DAVID RUDY, PROCESS SERVER :a n ? T Q 1. .%. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, CIVIL ACTION LAW NO. 07-2539 v. JOSEPH ZERBE Defendant IN DIVORCE WITHDRAWAL OF APPEARANCE AS COUNSEL Kindly withdraw my appearance as counsel on behalf of Alyce Zerbe, Plaintiff in the above matter. Date: I . ' 06 e?? Timothy J. gan, squire The Wiley Group 130 W. Church Street, Suite 100 Dillsburg, PA 17019 ENTRY OF APPEARANCE AS COUNSEL Kindly enter my appearance as counsel on behalf of Alyce Zerbe, Plaintiff in the above matter. Law Offices of Peter J. Russo, P.C. 3800 Market Street Camp Hill, PA 17011 Peter J. Russo, Esquire I.D. No. 72897 'llizabeth J. Saylor, Esquire Date: I.D. No. 200139 1. • . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE CIVIL ACTION LAW Plaintiff, NO. 07-2539 V. JOSEPH ZERBE Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Ashley R. Sipe, hereby certify that I am on this day serving a copy of the WITHDRAWAL AND ENTRY OF APPEARANCE AS COUNSEL upon the person (s) and in the manner indicated below, service by First-Class Mail, Postage Prepaid, and Addressed as Follows: Mindy S. Goodman, Esquire 2215 Forest Hills Drive, Suite 35 Harrisburg, PA 17112 Date: A 1,51 aOP? (?ANOK._` Ashley ipe, P egal Ca 0 CT W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, CIVIL ACTION LAW NO. 07-2539 V. JOSEPH ZERBE Defendant. 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 days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on May 1, 2007, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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, Alyce Zerbe, 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 unswom falsification to authorities. Date: z Z /4- ATyce Zerb laintiff BLED-- OF THE 2909 JUL 17 PH 2* 00 F f, ?? ? M1; ?. .fit 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, V. JOSEPH ZERBE Defendant CIVIL ACTION LAW NO. 07-2539 IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) 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. X_ (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 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. If I fail to do so before the date set forth on the Notice of Intention to Request Entry of Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: "? - 1CJ -C>q NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. FiLEL, ?I itC i F?'' i I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE CIVIL ACTION LAW Plaintiff, NO. 07-2539 V. JOSEPH ZERBE Defendant. IN DIVORCE 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. Ground for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint filed on May 2, 2007, and setting forth one Count - Divorce; Hand Delivered by Process Server to Defendant, who accepted service on May 10, 2007. 3. No response was filed to the Complaint. 4. Date of execution of the Affidavit Under § 3301(d) of the Divorce Code: July 15, 2009. 5. Date of filing and service of the Plaintiff's Affidavit Under § 3301(d) of the Divorce Code upon the respondent: Filed on July 17, 2009, and served on Defendant along with Counter-Affidavit Under § 3301(d) of the Divorce Code and Notice of Intention to Request Entry of § 3301(d) Divorce Decree via US Mail on July 21, 2009. True and correct copies of said documents are attached hereto as Exhibit A. 6. Defendant filed the Counter-Affidavit Under § 3301(d) of the Divorce Code on August 11, 2009, alleging that the marriage is not irretrievably broken and that he wishes to claim economic relief. However, no further action has been taken by the Defendant to date. 7. The only other related claims currently pending between the parties are a Custody Action, Docket No. 07-3483, and a Support Action, Docket No. 758 S 2007, PACKS Case No. 950109468. LAW OFFICES OF PETEFJrzJ. RUSSO, P.C. laintiff Attorner97 Peter J, Esquire ID#72 < Eliza beth J. Saylor, Esquire I D # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 e_? Date: EXHIBIT A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE CIVIL ACTION LAW Plaintiff, NO.07 2539 C o V. -•,? ?w JOSEPH ZERBE Defendant. IN DIVORCE NOTICE o If you wish to deny any of the statements set forth in this affidavit, you c must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on May 1, 2007, and have continued to We separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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, Alyce Zerbe, 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 unswom falsification to authorities. Date: A yc Zerb laintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, V. JOSEPH ZERBE Defendant. CIVIL ACTION LAW NO. 07-2539 IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: Joseph Zerbe 3403 State Route 61 Sunbury, PA 17801 You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after August 11, 2009, the other party 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 counter-affidavit by the above date, the court,. can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a 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 right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 1-800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, V. JOSEPH ZERBE Defendant CIVIL ACTION LAW NO. 07-2539 IN DIVORCE COUNTER-AFFIDAVIT UNDER § 3301(d) 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 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 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. If I fail to do so before the date set forth on the Notice of Intention to Request Entry of Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-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: Joseph Zerbe, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE Plaintiff, V. JOSEPH ZERBE Defendant. CIVIL ACTION LAW NO. 07-2539 IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Affidavit, Notice of Intention to Request Entry of Divorce Decree, and Counter-Affidavit Under § 3301(d) of the Divorce Code upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Joseph Zerbe 3403 State Route 61 Sunbury, PA 17801 .1&-2 ('y 2m? Amber L. Southard, Paralegal Date: -1121109 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE CIVIL ACTION LAW Plaintiff, NO. 07-2539 V. JOSEPH ZERBE Defendant. IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the Praecipe to Transmit Record upon the person(s) and in the manner indicated below: US Regular Mail addressed as follows: Joseph Zerbe 3403 State Route 61 Sunbury, PA 17801 Amber L. Southard, Paralegal Date: 91301n RWAM OF Tit 2M OCT -1 AM I I : 52 1 'i.I ?a Yl.f 'J .i PETSYLVAN ALYCE ZERBE, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPPH ZERBE, DEFENDANT NO. 07-2539 CIVIL ORDER OF COURT AND NOW, this 15th day of October, 2009, upon consideration of Plaintiff's Praecipe to Transmit Record and the Defendant's Counter-Affidavit Under §3301(d) of the Divorce Code, IT IS HEREBY ORDERED AND DIRECTED that pursuant to Pa. Rule of Civil Procedure 1920.51, Robert Elicker, Esquire, is appointed Master with respect to the claims of Divorce, Alimony, Distribution of Property, Counsel Fees, and Court Costs and Expenses. ? Elizabeth J. Saylor, Esquire Attorney for Plaintiff ,- ?Joseph Zerbe Defendant 3403 State Route 61 Sunbury, PA 17801 µdlec- By the Court, M. L. Ebert, Jr., J. I D-/ COP t Es vn lat LL 40 imy Cc THE 2009 OCT 15 PM 3= 58 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE, Plaintiff : V. JOSEPH ZERBE, Defendant CIVIL ACTION LAW NO. 07-2539 IN DIVORCE INVENTORY OF ALYCE ZERBE Plaintiff files the following inventory of all property owned or possessed by either party at the time this action. Plaintiff verifies that the statements made in this inventory are true and correct. Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. ALY ZERB ASSETS OF THE PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( ) 1. Real property ( X) 2. Motor vehicles (X) 3. Stocks, bonds, securities and options ( X) 4. Certificates of deposit (X) 5. Checking accounts, cash ( X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patent, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage or ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits --- severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans ( ) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plan, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits (X ) 24. Debts due, including loans, mortgages held (X ) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other f ER J. RUSSO, P.C. Date: tZ? 1? Attorneys for Plain i Peter J. Russo, Esquire ID # 72897 Elizabeth J. Saylor, Esquire ID # 200139 5006 E. Trindle Road, Suite 100 Mechanicsburg, PA 17050 PH: (717) 591-1755 FX: (717) 591-1756 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ALYCE ZERBE, Plaintiff V. JOSEPH ZERBE, Defendant CIVIL ACTION LAW NO. 07-2539 IN DIVORCE CERTIFICATE OF SERVICE I, Amber L. Southard, hereby certify that I am on this day serving a copy of the foregoing documents upon the person(s) and in the manner indicated below: US Mail addressed as follows: Joseph Zerbe 3403 State Route 61 Sunbury, PA 17801 Date: 12 19/0 2tb?? Amber L. Southard ? ? ? ? W N :? H I (O 7 p d G O a w CD a 3 r ??' w O C"^ o cD a o w CD ? = ?' ° d O C cD CD ?, oo c C $ C?J ? o " En C b CL cD a O CD ¢ ? cD O ?-+ b ?-' "0 2 n ° O CD N ~ W cD ?. ? CD v CD O CD y O ' Q C O O CD ° >1 N N N O N cm ?J 0.0 O O O O U tQ LA ° ° ° o n C o o o o O 021 0 0 O 0 O c 0 O 0 o O P? C C 0 0 0 ° o ° o ?? X00 w o d ? ? ? ? C 0 o f D t?D ? 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O o Z n y0 ? o d K H ?o o z cn S N ° ? ?,o N o cn ?d r > 0 0 0 ° o ? ? ny >y ° ? d z o PTI o 0 ° 0 o 0 o 0 v, 0 o? o ? boe 0 >0 ° 0 0-3 o > yc 11..1 b r+ r r y ? >C ? CD b Y ? a Go y0 C? cz ?^ o CD (CD r z z 00 z 0 ?-7 C o y O W' o 00 n y p. 0 C) I Cx 0.0 U) c H cs y ? 0 4 O zC H 0 rn z ?- a MLED-- D '?,F Ti E: L? }iI I 2009 DFC 15 P IN 2= 2 0 ALYCE ZERBE, Plaintiff VS. JOSEPH ZERBE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2539 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this '-R&4 day of Le " 'L" , 2009, the Master having called the above case for conference with counsel for wife and the parties (husband was unrepresented), and the Master having placed a memorandum on the record indicating his reasons for sending the case back to the Court for entry of a final decree in divorce, the appointment of the Master is vacated and upon receipt of this order, counsel for wife can file a praecipe transmitting the record to the Court requesting a divorce under Section 3301(d) of the Domestic Relations Code and indicating on the decree that there are no claims pending. By the Court, Edgay'S. Bayley, P.J. cc: ?Llizabeth J. Saylor Attorney for Plaintiff /Oseph Zerbe Defendant J ALYCE ZERBE, Plaintiff VS. JOSEPH ZERBE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 2539 CIVIL IN DIVORCE THE MASTER: Today is Wednesday, December 23, 2009. This is the date set for a conference in the above-captioned divorce proceedings. Present in the hearing room are the Plaintiff, Alyce Zerbe, and her counsel Elizabeth J. Saylor, and the Defendant, Joseph Zerbe. Mr. Zerbe is not represented by counsel. This action was commenced by the filing of a complaint in divorce on May 2, 2007, raising grounds for divorce of irretrievable breakdown of the marriage. Ms. Zerbe and her counsel filed an affidavit under Section 3301(d) averring that the parties separated on May 1, 2007. They have lived separate and apart since that date. Mr. Zerbe, in response to the affidavit filed by wife, filed a counter-affidavit on August 11, 2009, indicating that he opposed the entry of a divorce decree; indicating that the marriage is not broken; and also indicating that he wished to raise economic relief. By order of Judge Ebert on October 15, 2009, this matter was referred to the Master to allow the 1 Defendant an opportunity to raise claims where he asserted in the counter-affidavit that he wished to raise for economic relief. The Master, in response to the order entered by Judge Ebert, sent a notice of a conference date for today and indicated that counsel or the parties, if unrepresented, were to file pretrial statements. As of this time Mr. Zerbe has not filed any claims for economic relief as allowed under the Divorce Code nor has he filed a pretrial statement as directed by the Master. It is the Master's finding that the parties have not reconciled since the separation in May 2007 and have been living separate and apart since that date; therefore, the marriage is irretrievably broken. After talking to counsel for wife and the parties, it is the Master's understanding that Mr. Zerbe has raised some issues regarding payment of debt. After reviewing the matter of the debt issues with the parties, the Master has indicated that he is not going to schedule a hearing on an allocation of debt matter since there are issues of debt raised by both sides, and further, the Master cannot bind creditors to any direction or recommendation regarding payment of debt. How the creditors and the parties deal with the debt, will be left up to their own 2 specific settlement and payment. Further, wife has indicated that she has received no notice of any unpaid debt since the separation. There was an issue regarding wife's receipt of an inheritance, and she indicated that she did purchase a vehicle in excess of $15,000.00 for husband. She also, when she left the marital home, left most of the household furnishings with husband, which are noted on her pretrial statement. The parties were married on December 7, 2002, and separated May 1, 2007. They are the natural parents of three minor children, who are currently in the custody of wife. Husband pays support for the children pursuant to an order entered in the Domestic Relations Office. Wife is currently employed as a registered nurse with the Holy Spirit Hospital and has substantial student loans which she is continuing to pay for her education. Mr. Zerbe is employed at TLC as a picker/loader. It is the Master's finding that this matter be sent back to the Prothonotary for submission to the Court for a decree in divorce based on a praecipe to transmit the record to be filed by wife's attorney. The matter was previously referred to the Master by Judge Ebert following the filing of a praecipe by wife's attorney based on husband 3 having filed a counter-affidavit under Section 3301(d). As noted, no action has been taken under that affidavit and the Master is satisfied that the only issues between the parties that may remain are debt issues which the Master is not going to attempt to resolve. Also, as noted, wife has received no notice of any delinquencies on debt payments since the date of separation. The creditors will deal with the parties with respect to any rights that they have toward collection and the parties can likewise defend any claims by creditors that are made. Therefore, the Master directs that this matter be sent back to the Prothonotary for submission to the Court for the entry of a final decree in divorce under Section 3301(d) and that the divorce decree indicate that there are no claims pending. Ms. Zerbe, what is your address? MS. ZERBE: 80 Test Road, York, PA 17404. THE MASTER: Mr. Zerbe, what is your address? MR. ZERBE: 435 East 7th Street, Mt. Carmel, PA 17051. THE MASTER: Notice of this memorandum and directive will be sent to the parties and counsel for wife, Elizabeth J. Saylor.. Upon receipt of this memorandum and order vacating the Master's appointment, Ms. Saylor can file a 4 praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Elizabeth J. Saylor, Attorney for Plaintiff Alyce Zerbe, Plaintiff Joseph Zerbe, Defendant (Pro Se) 5 7069 DEC 23 Atli 1 [ : c j ALYCE ZERBE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH ZERBE NO. 07-2539 DIVORCE DECREE AND NOW, it is ordered and decreed that ALYCE ZERBE , plaintiff, and JOSEPH ZERBE defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, I ?\-? a Attest J. w Prothonotary - .3 - %C? LPc,-i/ - ee?fV ,r t 4.j?Z/ z??