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HomeMy WebLinkAbout03-3939FRANKLIN H. BLOUCH, JR., Plaintiff V. BARBARA J. BLOUCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-FAMILY DIVISION NO- 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 at the Office of the Prothonotary at 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 Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: 717-249-3166 Jame Snell, Esquire Attorney I.D. #18038 250 South Eighth Street Lebanon, PA 17042 Telephone: 717-273-4555 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. FRANKLIN H. BLOUCH, JR. Plaintiff V. BARBARA J.BLOUCH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-FAMILY DIVISION NO. 03- 3g3q IN DIVORCE COMPLAINT IN DIVORCE UNDER §3301(c) OF THE DIVORCE CODE The Plaintiff is Franklin H. Blouch, Jr., who currently resides at 2306 Marion View Drive, Harrisburg, Dauphin County, Pennsylvania. 2. The Defendant is Barbara J. Blouch, who currently resides at 1195 Cross Creek Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 8, 1986, in Cleona, Pennsylvania. 5. There have been no prior actions of divorce or for annulment of marriage between the parties hereto in this or in any other jurisdiction. COUNT I - DIVORCE 6. Paragraphs I through 5 above are incorporated herein by reference as if textually set forth at length. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and is aware that she may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II EOUITABLE DISTRIBUTION 9. The allegations contained in paragraphs I through 8 are incorporated herein by reference thereto as if textually set forth at length. 10. Plaintiff and Defendant have acquired property, both realty and personalty, during their marriage which would constitute marital property for the purpose of equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to make an equitable distribution of the parties' marital property. James A. Snel , Esquire Attorney for Plaintiff Attorney I.D. #18038 250 South Eighth Street Lebanon, PA 17042 Telephone: 717-273-4555 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. Section 4904 relating to unworn falsification to authorities. Date: 2??7/IiLE- ?OD? Cnklin H. Blouch, r _ -01 P -? C C C ^n I „p r? vl v _ y ._ FRANKLIN H. BLOUCH, JR., Plaintiff V. BARBARA J.BLOUCH, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION-FAMILY DIVISION NO. n3 -,3`T3P IN DIVORCE PRAECIPE Ca c_ L `7a? Please enter the appearance of James A. Snell, Esquire, whose address is 250 South Eighth Street, Lebanon, Pennsylvania 17042, as attorney for the Plaintiff, Franklin H. Blouch, Jr., in the above-referenced action. J es A. Sn XlEs quire Attorney for Plaintiff Attorney I.D. #18038 250 South Eighth Street Lebanon, PA 17042 Telephone: 717-273-4555 FRANKLIN H. BLOU H, JR., IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND CO., PENNSYLVANIA CIVIL ACTION-FAMILY DIVISION V. IN DIVORCE BARBARA J. NO. 03-3939 AFFIDAVIT OF SERVICE JAMES A. SN LL, ESQUIRE, being duly sworn according to law, deposes and says that he mailed or caused to be mailed a true and correct copy of the Complaint in the above-captioned action to the Defendan , Barbara J. Blouch, by United States Certified Mail, No. 7099-3400- 0007-7319-7136, on gust 14, 2003, return receipt requested, and said return receipt is attached hereto and made a part hereof. JAMES A. SNELL, ESQ E Attorney for Defendant Attorney I.D. #18038 250 South Eighth Street Lebanon, PA 17042 Telephone: 717-273-4555 Saw t an sub i d Wore me this ay of 2003. 1. My Com. Exp. NOT IAI SEAL DEBRA AN, Nota My of Haniabu , Dauphin My CommkWon res May ry Public f County 17,2004! Postal CERTIFIED MAIL RECEIPT .(Domest'c Mail On1Y; NO 13 Cove?)yv Provided) UECWUIICSBURG PA 17055 13 - Psllrg s50.60 certified Fea s • 0319 06 Return Receipt Fee (Endorsement Requiretl) $1.75 Postmark Here Restriotetl Delivery Fee •(Entlomement Requlretli $3.50 Tote] Postage & Fees $ 18.15 08/14/2003 l/e)as!eP"n. tOe )[o beygmplebp/'m`a"err)" V Y L f . ,. St e . -- --__"--.-_...__... t4° ?k Cre ?.,, .. Clty, [ fe LP 4 C. - - frCDL - -- .??..., .-?".. Certified Mail Provides: ¦ A mailing receipt ¦ A unique identifier for your mallplece ¦ A signature upon delivery ¦ A record of delivery kept by the Postal Service for two years important Reminders: ?1I ¦ Certified Mail may ONLY be combined with First-Class Mail or Priority Mail. ¦ Certified Mail is not available for any bills of international mail. ¦ NO NSURANCE.:POVERAGE IS PROVIDED with Certified Mai?FOr valuables. please consider Insured or Ri6gatered Mail. ¦ For an additional fee, a Return Receipt may be requested to rovide proof of delivery. To obtain Return Receipt service; please complete and attach a Returh Receipt (PS Form 3811) to the article and add applicable postage to cover tht fee. Endorse mailpiece'Return Receipt ,?g uestetl". To raceive a fee waiver for a duplicate return receipt. a USES po3lM1 a on your Certified Mail receipt It required. ¦ For an additional fee, delivery may'ne«stricted to the addressee or addressee's authorized agent. Advise the clerk or mark the mailpiece with tly/ endorsement "Restricted Delivery". ¦ If a pasbnark on the Certified Mail receipt is desired, please present the arti- cle at the post office for postmarking. If a postmark on the Certified Mail receipt is not needed, detach and affix label with postage and mail. IMPORTANT: Save this receipt and present it when making an Inquiry. P6 Fomi3800. Ally 1999 (Reverse) 102595-99-M-2087 I ¦ Complete items 2, and 3. Also complete item 4 if Restrict d Delivery is desired. ¦ Print your name nd address on the reverse so that we can r urn the card to you. ¦ Attach this card the back of the mailpiece, or on the front if pace permits. 1. Iticle Addressed t -Rd rba(ri ?_ Bltx?cL, 11 G5 Coo ??<z (fir f'7?55' A. eceivedzzby (Please Print Clearly) B. D t Deli V . Si ure % ? Agent L; )R::, ddressee D. ress different from item 1? Yes en '4? ery address below: MG 18 ail ? Express Mail ? Registered ? Return Receipt for Merchandise 4. Restricted Delivery? (Extra Fee), Yes e label) 2. Article Num r (C p I from semi c 666 r7 3/bb -7 y (? 102595 PS Form 3511, J ly 1999 Domestic Return Receipt -99-M-1]e9 UNITED STATES POSTAL SERVlq-? r' r I? ee e I?? irs-_I?sc 17d5ta e.&Fees paid VSPS? Pem* No. G-10 • Sender: Please puntYournafie, acdr)s af&MP+d int-is°boz • ?e?nan I pfd I??U?? it F V'ILBS\DATAPIL6\General\Cuuent\11595.1_pral Cmaled. 9120/04 006PM Revised'. 59/05 2.02PM ennifer L. Spears, Esquire 4ARTSON DEARDORFF WILLIAMS & OTTO D. 87445 0 East High Street arlisle, PA 17013 717) 243-3341 .ttornevs for Defendant H. BLOUCH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3939 CIVIL ACTION - LAW J. BLOUCH, Defendant JURY TRIAL DEMANDED PRAECIPE THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of in the above-captioned matter. MAR N EARDORFF WILLIAMS & OTTO By ennifer L. pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 May 3, 2005 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby that a copy of the foregoing Praecipe was served this date by depositing same in the Post at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James A. Snell, Esquire 250 South Eighth Street Lebanon, PA 17042 MARTSON DEARDORFF WILLIAMS & OTTO %2zT ??i?-C?-L DEckenro?ad/?{'.K/r i- cia. Ten East High Street Carlisle, PA 17013 (717) 243-3341 A C31 Zoos' n? . , ? ?, --, - ?; ;? .? - ?,-: ... ,?,: t?? , ?_ __ ", ,,? .. ,.,, :.; -. ?? ?.; ,. FRANKLIN H. BLOUCH, JR. vs Case No. 03-3939 BARBARA J. BLOUCH Statement of Intention to Proceed To the Court: Defendant, Barbara Blouch, intends to pr ceed with the above captioned matter. A)%L---7 Print Name Jennifer L. Spears, Esq. Sign Name Date: September 22 2008 Attorney for Defendant Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. 11 Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. Q ni 1 W N ,,,G FRANKLIN H. BLOUCH, JR., vs Plaintiff Case No. 03-3939 BARBARA J. BLOUCH, Defendant Statement of Intention to Pro0ed To the Court: Franklin H. Blouch, Jr., Plaintiff intends to proceed with the above captioned matter. Print Name James A. Snell Sign Name Q K.[r Date: October 7, 2008 Attorneyfor Franklin H Blouch, Jr. Explanatory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. T;o aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern th termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and. a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the coup: held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. f the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provide that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, s division (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to pr ceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thin -day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the Eiji g of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggri ved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 2 0.2. i FRANKLIN BLOUCx JR. : Lti THE COURT OF CO-NMON PLEAS OF : CU_% BERL:\ti-D COUNTY, PE:.tiSYLN,'AN'IA Plaintiff Vs. BARBARA J BLOUCH Docket No. 03-3939 Defendant MOTION FOR APPOINTMENT OF MASTER BARBARA J. BLOUCH ( (Defendant), moves the court to appoint a master with respect to the following claims: Divorce fix) Distribution of Property O Annulment O Support )kX) Alimony Counsel Fees () Alimony Pendente Lite Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims (s) for which the appointment of a master is requested. Plaintiff (2) The do t (has) Omxm* appeared in the action ( 10 (by his attorney, James A. Snell , Esquire). (3) The Staturory ground (s) for divorce (is) (are) Irretrievable breakdown (4) Delete the inapplicable paragraph(s): a. The action is not contested. $KX An agreement has been reached with respect to the following claims: c. The action is contested with respect to the following claims: All of the above. (S) The action (hrm#%Wdoes not involve) complex issues of law or fact (6) The hearing is expected to take 1 (b n Xdays). (7) Additional information, if any, relevant to the motion: None. Date: November 18, 2008 do r?yo r(tctt(Defendant? Print Attorney Name ......... Jennifer L. Spears, Esquire ORDER APPOINTING MASTER ,kND NOW, , 20 ------Esquire is appointed master with respect to ,he fol owing claims: By the Court: C7 C ` F1 .A+ NOV 2 '1 Z008A FRANKLIN BLOUCH JR. Plaintiff Vs. RARRARA J BLOUCH Defendant THE COURT OF CO-NLN10:N PLEAS OF CUMBERLAN-D OLNTY, PENNSYL`"ANIk Docket No. 03- BARBARA J BLOUCH (M&M (Defendant), moves tk respect to the following claims: Divorce Distribution of (} Annulment ( ) Support Alimony IE? Counsel Fees (} Alimony Pendente Lite Costs and Expc and in support of the motion states: (1) Discovery is complete as to the claims (s) for whi, requested. Plaintiff (2) The dot (has) Omxm* appeared in the act James A. Snell , Esquire). (3) The Staturory ground (s) for Irretrievable breakdown (4) Delete the inapplicable paragraph(s): a. The action is not contested. XXX An agreement has been reached with re ect to the following claims: c. The action is contested with respect to the following claims: All of the above. (5) The action (hw#v4VKdoes not involve) complex issu of law or fact (6) The hearing is expected to take s (yhe?days). (7) Additional information, if any, relev t to the motion: Date: November 18, 2008_- A orn y or (fl( efendant) Print Attorney Name ......... Jennifer L. S ears Esquire ORDER APPOINTiltiGjKSTE A -7- NOW, `I??-URIC QC/, 20OA_, squire AND is appointed master with respect to tl:e following claims: By th ourt: court to appoint a master with the appointment of a master is (p asoc dbA (by his attorney, divorce (is) (are) A ?-J a :T , e F:\F1LES\C1ients\11595 Blouch\11595.1.mventory.wpd Revised: 11/20/08 11:25AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant FRANKLIN H. BLOUCH, JR., Plaintiff V. BARBARA J. BLOUCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3939 CIVIL ACTION - LAW IN DIVORCE INVENTORY OF BARBARA J. BLOUCH. DEFENDANT PURSUANT TO Pa. R.C.P. 1920.33(a) Barbara J. Blouch, Defendant files the following Inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date Barbara J. Blou , Defendant ??, ASSETS OF PARTIES Barbara J. Blouch, Defendant, marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. ( X) 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 ( ) 10. Annuities ( ) 11. Gifts ( X) 12. Inheritances ( ) 13. Patents, copyrights, inventions, royalties ( ) 14. Personal property outside the home ( X) 15. Businesses ( ) 16. Employment termination benefits-severance pay, workers' compensation claim/award ( ) 17. Profit-sharing plans ( X) 18. Pension plans (indicate employee contribution and date plan vests) ( X) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. MilitaryN.A. benefits ( ) 23. Education benefits ( ) 24. Debts due, including loans, mortgages held ( ) 25. Household furnishings and personalty ( ) 26. Other LIABILITIES OF PARTIES Barbara J. Blouch, Defendant, marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. SECURED ( ) 1. Mortgages () 2. Judgments () 3. Liens () 4. Other secured liabilities UNSECURED O 5. Credit card balances () 6. Purchases () 7. Loan payments () 8. Notes payable () 9. Other unsecured liabilities CONTINGENT OR DEFERRED () 10. Contracts or agreements O 11. Promissory notes () 12. Lawsuits O 13. Options () 14. Taxes () 15. Other contingent or deferred liabilities MARITAL PROPERTY Barbara J. Blouch, Defendant, lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Number Description of Property Names of all Owners 1 Sandhill Road - rental property Husband & Wife 2 Antique cars Husband 3 AFLAC stock Husband & Wife 3 EXELON stock Husband 3 FULTON stock Husband 3 HERSHEY stock Husband 3 INTEL stock Husband & Wife 3 MOTOROLA stock Husband & Wife 3 WACHOVIA stock (to become Wells Fargo) Husband & Wife 3 NORTHWEST BANCORP Wife 3 USAA Cornerstone Husband & Wife 3 USAA S&P 500 Husband & Wife 3 USAA Asset Management Husband & Wife 3 Savings bonds Husband & Wife 5 Commerce checking Husband & Wife 6 Commerce savings Husband & Wife 6 NCFCU (rental property) Husband 15 Travel Agency- Carlson Wagonlit Husband & Wife 18 Military pension (In pay status) Husband 19 Edward Jones Husband & Wife 19 MFS Wife 19 American Funds Wife 19 USAA SEP IRA Wife 19 Greystone IRA Wife NON-MARITAL PROPERTY Defendant Barbara J. Blouch lists all property in which a spouse had a legal or equitable interest which is claimed to be excluded from marital property: Item Number Description of Property 3 EXELON stock ($6,121 inherited) 3 FULTON stock ($6,272 inherited) 3 HERSHEY stock ($5,075 inherited) 3 WACHOVIA stock ($1,615 inherited) Names of all Owners Husband Husband Husband Husband (but put into joint names) LIABILITIES Item Description Names of all Balance at Number of Liabilities Creditors Separation n/a CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Inventory was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James A. Snell, Esquire 250 South Eighth Street Lebanon, PA 17042 MARTSON DEARDORFF WILLIAMS & OTTO Y ricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 24, 2008 ?? x? . ? a .?., _.. a ?.? -- , - . a ?_ t_? ?3?; .. ' FP.FILES\CGents\1 1595 6louchl 1595.Lpet Created: 9/20/04 0:06PM Revised: 11118/08 3:31PM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant FRANKLIN H. BLOUCH, JR., Plaintiff V. BARBARA J. BLOUCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3939 CIVIL ACTION - LAW : IN DIVORCE PETITION RAISING ECONOMIC CLAIMS AND NOW, comes the Petitioner, Barbara J. Blouch, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER, and sets forth the following in conjunction with the above captioned divorce action: 1. Petitioner is Defendant in the above captioned divorce action. 2. Petitioner requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. 3. Petitioner is unable to sustain herself during the course of litigation. 4. Petitioner has employed Jennifer L. Spears, Esquire to represent her in this matrimonial cause. 5. Petitioner is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 6. Plaintiff is employed and has the ability to pay Petitioner's counsel fees, costs and expenses. 7. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Petitioner requests that, after final hearing, the Court order Plaintiff to pay Petitioner's reasonable counsel fees, costs and expenses. 8. Petitioner lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 9. Petitioner requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Petitioner respectfully requests the Court: a. To enter an award of spousal support, alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code; b. To enter an order directing Defendant to pay Plaintiffs reasonable counsel fees, costs, and expenses; and c. To enter an Order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. MARTSON LAW OFFICES Date: Ito By Jennifer L ears, 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 Esquire Attorneys for Petitioner, Barbara J. Blouch VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ?QIL?-Qn .1:1YOt?? Barbara J. Blo ch CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition Raising Claims was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: James A. Snell, Esquire 250 South Eighth Street Lebanon, PA 17042 MARTSON DEARDORFF WILLIAMS & OTTO By P.-, 44A- - ri is D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: November 24, 2008 '?1 ?, fl ,- ? . ;- :? ?, c:, F:\FILES\CGents\11595 Blouch\l1595.1.aoc Created: 9/20/04 0:06PM Rcvised: 1/27/09 10:02AM Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS & OTTO I.D. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant FRANKLIN H. BLOUCH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3939 CIVIL ACTION - LAW BARBARA J. BLOUCH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on August 12, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: 1Ln ?? d q &2IZIL)IL Barbara J. Blouch, efendant ? a -,a ?. ?, -? - r r-?- ?: ` ,? 'ty rrt ?' ?; ,? ??, i` E, .. j, trr Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant FRANKLIN H. BLOUCH, JR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 03-3939 CIVIL ACTION - LAW BARBARA J. BLOUCH, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on or about June 27, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and 'service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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. 21 1 f Date: Barbara J. Blo ch, Defendant f tir, ALE 1 1fivy rip OF THEE ;, 2009 APR 20 AM 9: 03 Q, v 1 Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. No. 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant FRANKLIN H. BLOUCH, JR., Plaintiff V. BARBARA J. BLOUCH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-3939 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND § 3301(d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 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. 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 statements made in this waiver 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: WJ2 1 `7,? ,l / d ry, - Barbara J. B Ouch, Defendant FILED-C - G= OF i-l ppCk7?. (?No ARY 2009 APR 20 AM 91:04 FRANKLIN H. BLOUCH, JR., Plaintiff VS. BARBARA J. BLOUCH, Defendant CIVIL DIVISION 2003-3939 CIVIL ~~ ~.~ PRAECIPE TO TRANSMIT RECORD ~_ ,.. ~r1 N f- i ~__; _a To the Prothonotary: .c: Transmit the record, together with the following information to the court for entry of a divo ce n~> decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) ~&Itlof the Divorce Code. (Strike out inapplicable section) 2. Date and manner of service of the complaint: U.S. Certified Mail No. 7099-3400-0007-7319-7136, on August 14, 2003, return receipt filed October 24, 2003. 3. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff June 28, 2010 ; by defendant July 12, 2010 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's 3301 (d) affidavit upon the respondent opposing party: 4. Related claims pending: None 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Date of plaintiffs Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: July 27, 2010 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the Prothonotary: July 27, 2010 Atto ey for Plaints fendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA =T:~ '3-; - 1 1 "~{ 1 t.'. l~. `~ . Y dUL 2 9 2010 FRANKLIN H. BLOUCH, JR., THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. N0. 03 - 3939 CIVIL BARBARA J. BLOUCH, Defendant IN DIVORCE ORDER OF COURT AND NOW, this day of ~ , 2010, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated October 27, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, ~9 /4~.. K in A. Hess, P.J. cc: games A. Snell Attoyney for Plaintiff . `// n C Jennifer L. Spears ~-• ~ '' Attorney for Defendant ~ ~ - - ;=-- ,. . . ~. ~ -_- cE.~'rri~t~ 'a~~ _ ~ _:r ~1'~`~/~o .::~ ~ rte, --' `~ , __. FRANKLIN H. BLOUCH, JR. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA _ V, BARBARA J. SLOUCH NO. 2003-3939 DIVORCE DECREE AND NOW, f / ~ 9 ~.1 ~ ~~, ~ ~ l U , it is ordered and decreed that FRANKLIN H. SLOUCH, JR. plaintiff, and BARBARA J. BLOUCH ,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. The agreement between the Plaintiff and the Defendant, dated October 27, 2009, a copy of which is attached hereto, is incorporated but not merged into this Divorce Decree. By the Court, Attest: J. t Pro onotary (b -!~ C~'-~. ~+~, mc~ lid -~ S~~ ~'g~.~-S . ,,,