HomeMy WebLinkAbout03-5965
IN THE COURT OF COMMON PLEAS OF THE ~ JUDICIAL DISTRICT
OF PENNSYLVANIA COUNTY CUMBERLAND
Lynn Edward Nogle, Defendant
1921 11th Avenue
Altoona, PA 16601-2405
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CIVIL ACTION - LAW
Barbara Ann Nogle, Plaintiff
252 Deerfield Rd.
Camp Hill, Pennsylvania 17011
210-42-2294
03 -~W- ~ a~.:l.TERM
CASE NO.
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in Court for divorce. If you wish to defend against the claims
set forth on the other side of this page, 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 this paper by the Plaintiff. You may
lose money or property or other rights important to you, including custody or visitation of
you child or children.
When the ground for 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, in
Carlisle, PA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE DIVORCE OF 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.
Office of the Prothonotary
CUMBERLAND County Courthouse
Carlisle, PA.
TelephOne(711 ) -aQO ~(olq 5
IN THE COURT OF COMMON PLEAS OF THE ~ JUDICIAL DISTRICT
OF PENNSYLVANIA COUNTY CUMBERLAND
Barbara Ann Nogle, Plaintiff
252 Deerfield Rd.
Camp Hill, Pennsylvania 17011
210-42-2294
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CIVIL ACTION - LAW
TERM
CASE NO.
Lynn Edward Nogle, Defendant
1921 11th Avenue
Altoona, PA 16601-2405
IN DIVORCE
COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE
1. Plaintiff is Barbara Ann Nogle who resides at; 252 Deerfield Rd.; Camp Hill,
Pennsylvania 17011.
2. Defendant is Lynn Edward Nogle who resides at: 1921 11th Avenue,
Altoona, PA 16601-2405.
3. 181 Plaintiff and/or 0 Defendant have been a bona fide resident(s) of the
Commonwealth of Pennsylvania for at least six months immediately prior to
commencement of this action.
4. Plaintiff married Defendant on May 31, 1991 at Fredericksburg,
Fredericksburg County, Virginia. Attached hereto and marked as Exhibit "A" is the
certificate of marriage evidencing said marriage.
5. Neither plaintiff nor defendant is in the military or naval service of the United
States or its allies within the provisions of the Soldier's and Sailor's Civil Relief Act of
Congress 1940 and its amendments.
6. There has been no prior action of divorce or for annulment between the
parties.
Complaint for Divorce; Page 1
7.The marriage is irretrievably broken.
8. After 90 days have elapsed from the date offiling ofthis Complaint, Plaintiff
intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may
also file such an affidavit.
9. Plaintiff has been advised that marriage counseling is available and that
Plaintiff may have the right to request that the Court require the parties to participate in
marriage counseling.
10. There are no children born to or adopted by the parties to this marriage and
none are expected.
11. There is no property or debt.
WHEREFORE, if both parties file affidavits consenting to a divorce after 90 days
have elapsed form the date of filing of this Complaint, Plaintiff respectfully requests that
a decree of divorce be entered pursuant to Section 3301 (cl of the Divorce Code
dissolving the marriage between the Plaintiff and Defendant.
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Barbara Ann Nogle /Ve ~-
I verify that the statements made in this Complaint are true and correct. I
understand that false statements herein are made subject to penalties of the 18 Pa.C.S.
Section 4094 relating to unswom falsification to authorities.
Date: /1- I d- - ()-3 ~ Q rvn 11 IrJJ/....
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Lynn Edward Nogle, Defendant
1921 1Ith'Avenue
A1toona, PA 16601-2405
IN THE COURT OF COMMON PLEAS OF THE ~ JUDICIAL DISTRICT
OF PENNSYLVANIA COUNTY CUMBERLAND
Barbara Ann Nogle, Plaintiff ~ CIVIL ACTION - LAW
252 Deerfield Rd. ~
Camp Hill, Pennsylvania 17011 ~
210-42-2294 ~
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CASE NO,
IN DIVORCE
AFFIDAVIT OF NON-MILlTARY SERVICE
Barbara Ann Nogle, being duly sworn according to Law, deposes and says that
Plaintiff knows by Plaintiffs own personal knowledge and therefore avers that the
defendant, Lynn Edward Nogle, is 56 years of age and that Defendant is not in the
military service of the United States or its allies, or otherwise within the provision of the
Soldier's and Sailor's Civil Relief Act of Congress 1940 and its amendments and that the
defendant is employed by None.
Date: I( -Id- -' ().~ vJ~, ~!loP.JG -
Barbara Ann N091e,OPI~;;t;ff
Sworn to and subscribed before me this the /'J:!:^.day of
NblJemb-er .:1.00'?> ---:-
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IN THE COURT OF COMMON PLEAS OF THE ~JUDICIAL DISTRICT
OF PENNSYLVANIA COUNTY CUMBERLAND
Barbara Ann Nogle, Plaintiff
252 Deerfield Rd.
Camp Hill, Pennsylvania 17011
210-42-2294
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CIVIL ACTION - LAW
/'jJ -s;rrf-C: C-;(:a TERM
CASE NO.
Lynn Edward Nogle, Defendant
.1921 11th Avenue
Altoona, Pa 16601-2405
IN DIVORCE
COUNSELING NOTICE
RULE 1920.45(a)*(1)
The Divorce Code of Pennsylvania requires that you be notified of the availability
of counseling where a divorce is sought under any of the fOllowing grounds:
Section 3301 (a)(6) Indignities
Section 3301 (c) Irretrievable breakdown Mutual Consent
Section 3301 (d) Irretrievable breakdown TwolThree year separation
A list of qualified professions is available for inspection in the
Office of the Prothonotary
CUMBERLAND County Courthouse
Carlisle, PA.
Telephone~) ~40- (j lqS
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of matriage counseling and understand that I may
request that the court require that my spouse and I participate in counseling.
2. I understand that the court maintains a list of marriage counselors in the Prothonotary's
Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I participate
in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn
falsification to authorities.
111/2--
, 2004
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~rb~ra A. Nogle, Plaintiff {5 -....
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE P A 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter myappear.mce for the plaintiff, Barbara A. Nogle, in the above matter.
November!!., 2004
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NATHAN C. WOLF, ESQUIRE
ATtORNEY ID NO. 87380
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATtORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 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 in 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania 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
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
AMENDED COMPLAINT IN DIVORCE PURSUANT
TO SECTION 3301(D) OF THE DIVORCE CODE
NOW, comes the plaintiff and files this amended complaint in divorce against the
defendant, representing as follows:
1. The plaintiff is Barbara A Nogle, an adult individual residing at 252 Deerfield Road,
Camp Hill, Cumberland County, Pennsylvania 17011.
2. The defendant is Lynn Edward Nogle, an adult individual whose last known address
was 192111th Avenue, Altoona, Blair, Pennsylvania 16601-2405.
3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six
months prior to the filing of this action in divorce.
4. The parties were married on May 31, 1991, in Frederickburg County, Virginia.
5. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers as the grounds
upon which this action is based that the marriage between the parties is irretrievably broken and that
the parties have been separated since August 1, 1993, a period in excess of two years.
6. Plaintiff filed a pro se complaint in divorce under Section 3301(c) or 3301(d) of the
Divorce Code on November 13, 2003.
7. The plaintiff avers that she has been advised of the availability of counseling and that
said party has the right to request that the court require the parties to participate in counseling.
WHEREFORE, the plaintiff respectfully prays that this Honorable Court grant her relief in
the form of the entry of a decree in divorce and for such further relief as this Honorable Court may
deem equitable and just.
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.CS. Section 4904, relating to
unsworn falsification to authorities.
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET,
SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
PLAINTIFF'S MOTION FOR SPECIAL ORDER
DIRECTING SERVICE BY PUBLICATION
Plaintiff, Barbara Ann Nogle, by her undersigned attorney, Nathan C Wolf, Esquire,
pursuant to Pa.RCP. No. 430(a) moves this Court for a special order permitting service of the
complaint in this action by publication. In support of this motion, the plaintiff avers the following:
1. The last known residence of the defendant was 192111th Avenue, Altoona, Blair,
Pennsylvania 16601-2405.
2. The parties have been separated for over two years under Section 3301(d) of the
Divorce Code, since August 1,1993.
3. Plaintiff filed a divorce pro se complaint in divorce under Section 3301(c) of the
Divorce Code on November 13, 2003.
4. Plaintiff filed an amended divorce complaint in the Court of Common Pleas of
Cumberland County, Pennsylvania, on November 15, 2004.
5. On November 18, 2004, plaintiff mailed a certified copy of the amended divorce
complaint to defendant at his last known address of 192111th Avenue, Altoona, Blair, Pennsylvania
16601-2405, by regular and certified mail.
6. Both of plaintiff's attempts to serve the defendant by mail were returned to sender,
not deliverable, unable to forward and unknown address. Copies of the envelopes are attached as
Exhibits A and B, respectively.
7. Plaintiff retained two private investigators to locate a more current address for
defendant, without success.
8. Statements from both private investigators are attached hereto as Exhibits C and D,
respectively.
9. To the best of plaintiff's knowledge, information and belief, the residence address of
192111th Avenue, Altoona, Blair, Pennsylvania 16601-2405, is the last known address of defendant.
10. Plaintiff has attempted to locate defendant through contacting relatives and family.
Since no relatives would communicate his location to her, she has been unable to obtain any
information from any of those people.
11. Plaintiff has utilized various means to locate defendant conducted through paid
internet searches. These searches were unsuccessful.
12. Plaintiff has no knowledge of defendant's current employer and, as such, plaintiff
would be unable to locate defendant through his employment.
13. As established herein, plaintiff has made a good faith effort to locate and serve
defendant, but has been unsuccessful in her efforts.
14. Plaintiff believes and therefore avers that defendant has left the O:>mmonwealth of
Pennsylvania and has no intention of returning to his last known address at 192111th Avenue,
Altoona, Blair, Pennsylvania.
15. Unless this Honorable Court allows service of the divorce complaint and all
subsequent related documents by publication, plaintiff will be precluded from maintaining this
action and injustice will result.
16. Plaintiff proposes to publish the Notice, attached hereto as Exhibit E, if the instant
motion is granted.
WHEREFORE, plaintiff requests that this Honorable Court enter a special order directing
service of notice of the divorce complaint and any subsequent docwnents required by the
Pennsylvania Rules of Civil Procedure on defendant, Lynn Edward Nogle, by publication, and any
other relief the Court deems appropriate.
Respectfully submitted,
Dated: December 24-, 2004
NATHAN C. WOLF, ESQUIRE
ATtORNEY ID NO. 87380
37 SOurH HANOVER STREET,
SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATtORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
AFFIDAVIT IN SUPPORT OF PLAINTIFF'S MOTION FOR SPECIAL ORDER
I, Nathan C Wolf, Esquire, being dulyswom according to law, depose and say the
following:
1. I am plaintiff's attorney in the above action.
2. At my client's direction, which I have personally verified, an investigation was
conducted into the whereabouts of the defendant. The efforts to locate the defendant included the
following:
(a) On November 18, 2004, I mailed a certified copy of the amended divorce complaint
to defendant at his last known address in Altoona, Pennsylvania, by regular and certified mail.
Copies of the envelopes are attached hereto as Exhibits A and B.
(b) Retention of private investigators was made to locate a more current address for
defendant, without success. Statements from both private investigators are attached hereto as
Exhibits C and D.
(c) Attempts to locate defendant through contacting relatives and family has not yielded
any information which would aid in plaintiff's efforts to locate the defendant.
(d) Various means to locate defendant were conducted through paid internet searches.
These searches were without success.
(e) A search for defendant's current employment status was likewise unsuccessful.
3. To the best of my knowledge, information and belief, the residence address of 1921
11th Avenue, Altoona, Blair, Pennsylvania 16601-2405, is the last known address of defendant.
4. I have been unable to locate any address for defendant other than his last known
address of 192111th Avenue, Altoona, Blair, Pennsylvania 16601-24 .
Sworn to and subscribed before me
This ~t(dayof ~ ~ 2004.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Rhonda D. Rudy, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires Aug. 12, 2006
Member, Pennsylvania Association of Notari..
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NOV-16-04 03:05 PM r
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Henr~ Inves~i~a~ion
8( "464442
P.S1
I4IOIA ~1 ~:~~~'\':
INVESTIGATION
AND Loss PRE:VE:NTION
P.O, Box 525
Altoono. PA '6603
a 14.946-3$22
800-337.5705
Fox e, 4.94~4442
Offices In Altoona & York, Pennsylvania
www.mehenryservleas.com
Fax
To: Nathan Wolf. esquire
From: Brandon McHenry
Fax: 814..848~2
Pages Including cover.
Phone: 814-948..3322
Date: 11116104
Re: Vandersloot I Nogle
CI Urgent ~ Revl.w
cc:
o Please Comm.nt 0 Pl.... Reply
C1 Plea.1 Recycle
D~ Mr. Wolf:
Mrs. VanderslOOl bas retained my seIVices in effOt1J to locate Mr husband Lynn B. Nogle, AI you know. Mrs.
Vandel'$loot has put forth an effort over a "ast. numlm of yearl to lacate her husband for the pu11JOJe of baving him
servOlI for divorce ptOC>>ildings.
Court house records, P A DMV. database re&ellfCh, and pI:lst landlords were part of the dort l1lIde to locate Mr.
Nogle. We were only suctclst\JJ in determining where Mr. Nogle was only Q5 of' yean; ago. this i$ according to a
landlord of his old address at 1921 11th avenue, Altoona. PA 1~601.
As I 1UIdemand it, another licensed private investigator bas assisted. MR. Vand.er51oot \Vith this endeavor. I would
like to make it known that I am fiuniliar with this inveltlsator and believe hiJn to be fully competent and capable: to
cany out this type of work as well.
Should you have lUly questions please don't hesitate to call me.
Sincerely,
McHenry Investigation &.
LoIIPtevention
~~
Bnmdon McHelUy
...---
ihl. IPfmelltllle IS 1l1tended 10 be re.d by thelnlllvldualor company to whom It I. .delre.eel .net may oQnttln Ir1formltlon that ,.
privileged. conftdentie' and lIll:empt form ClItclClllUrtl unCler appllcllble I.w, If tile ....d.,.. of 'hie m_g. i8 nat u,. Intended recipI-
ent. or the employee or Igent r.ponalbl. rw deIlverlllll !h. m...". !o ltIe Intencled reclplln!, you are hereby nalIn.d ttllt any
cSl.emlnltlonl. dlwtrlblJtlon or copying of t/'tle oommlolnlcll\lon " .b'IC!ty prl;lklb~ld. If you may have rece,vllCl !hie comm\Jnlcltlon In
.n-QC, PM_ nQtlfy ""lmm.lIlar,ly by tel.pt'lDl11 end r.blm the OI'l;ln.1 m....;. tl;l UlIat the abo"l Iddr.. \/11 the V.I. PCll(af
S~ic..
Tt,ltnk you.
di,ere13t confidential
EXHIBIT C
thorough discreet
confidential
thorough
dlscree'
11/12/2BB4 15:53 7171~ >78B
I
AMERICAN INVL iGATN
PAGE 112
OJJice: (717) 761-3532
Fax: (717) 761-3780
;
AMERICAN INVESTIGATION RESOURCi,S
hgr:r: (7i7) J05-3852
E-M"il: airbilJ@pttl.,.rr
W-"'illm C. McLIlJJghlJ" Jr.
Priwlte Detective
PA License # 98-195 Mi$c.
, ..
November 12,2004
Mr. Nathan Wolf:
My name is William C. McLaughlin Jr. and I am the Private Detective and Owner pf
American Investigation Resources. I was hired by Ms. Barbara Vandersloot to loc~te a
Mr. Lynn Nogle. After exhausting every resource I know ofI still could not locat~ Mr.
Nogle. I reterred Ms. Vandersloot to an associate Private Detective in hopes he ~
different re50urces he could utilize in the continued search for the whereabouts of~.
Lynn Nogle. Should you need anything further from this office please do not hesi$te to
call, write, or emai1 me.
~~,~. ~
W~C.Mc~ )'
Private Detective !
EXHIBIT D
Post Office Box 1395 Camp Hill, PA 17001
ATIORNEY ID NO. 87380
37 SOUTH HANOVER STREET,
SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATIORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
NOTICE
Plaintiff has filed a Complaint in Divorce against Lynn Edward Nogle. If you wish to defend,
you must enter a written appearance pe~onally or by attorney and file your defenses or objections in
writing with the Court. You are warned that if you fail to do so, the case may proceed without you and
a decree in 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 any papers filed 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 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, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A a.AIM FOR AUMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE TI-IE DIVORCE OR ANNULMENT IS GRANIED,
YOU MAY LOSE 1HRE RIGIrr TO a.AIM ANY OF lHEM
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF
YOU DO NOT HA VB 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, Pennsylvania 17013
717-249-3166
EXHIBIT E
r
CERTIFICATE OF SERVICE
I, Nathan C. WoIf, Esquire, attorney for plaintiff, hereby certify that I served a true and correct
copy of Plaintiff's Motion for Special Order Directing Service by Publication upon the following party
by First Class mail, postage prepaid:
Date: December~, 2004
Barbara A.. Vandersloot
615 East Market Street
Suite 1
YO~PA#~
Nath~ If, Esquire
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ATIORNEY ID NO. 87380
37 SOUTH HANOVER STREET,
SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATIORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
PRAECIPE TO REINSTATE COMPLAINT
TO THE PR01HONOTARY:
Kindly reinstate the Complaint of Divorce in the above-referenced matter pursuant. Attached
is a copy of the Complaint of Divorce to reinstate.
Dated: December tJ, 2004
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET,
SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
:CUMBE~COUNTY,PENNSYLVANIA
: CIVIL ACTION .. LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
PRAECIPE TO REINSTATE COMPLAINT
TO 1HE PROmONOTARY:
Kindly reinstate the Complaint of Divorce in the above-referenced matter pursuant. Attached
is a copy of the Complaint of Divorce for reinstatement, which was n~instated previously on December
28, 2004.
Respectfully submitted,
Dated: Februaryl1l., 2005
~I
::::::=---::?t'
Na n C. " Esquire
37 outh nov,er Street
S .
Carlisle, PA 17013
Supreme Court I.D. No. 87380
(717) 241-4436
Attorney for Plaintiff
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET, SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMM N PLEAS OF
: CUMBERLAND COUNTY, ENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TE
: IN DIVORCE
AFFIDAVIT OF SERVICE OF C MPLAI
PURSUANT TO PA. R.C.P. RULE NO. 1920.4
NOW, Nathan C. Wolf, Esquire, being duly sworn according to law, oes depose and state:
1. That he is a competent adult and auorney for the plaintiff' the above captioned
action in divorce.
2. lbat by special order of this Court, issued December
authorized to serve notice of the complaint by publication upon the Defen
3 , 2004, plaintiff was
t.
3. lbat publication of the complaint in divorce was served up n the defendant on or
about February 16, 2005, in the Altoona Mirror, and February 17, 2005, in e Blair County Legal
Bulletin.
4. That copies of proofs of publication are attached hereto.
~"./ t
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,2005
Sworn to and sutJ2ribed
-;;.. . e this.. . '. day of
__ td ,2005.
- // /)
. ~/L-<..;dt7t.1,'( ;]C,;-.t-
N6tarv Public
. . .
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Notarial Seal
~indsay D. Baird, Notary Publ1c
Carlisle Bora, Cumberland County
My Commission Expires Oct. 21,2006
Member. Pennsylvania Association Of Notaries
I
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NATHAN C. WOLF, ESQUIRE
ATtORNEY ID NO. 87380
37 SOUTH HANOVER STREET,
SUITE 201
CARLISLE PA 17013
(717) 241.4436
ATtORNEY l'OR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMM N PLEAS OF
: CUMBERLAND COUNTY, P NNSYLVANIA
v.
: CML ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CML TER
: IN DIVORCE
ORDER
ANDNOW,this 30th dayofjJe('ern~P,z
,2 oj, upon
consideration of the Plaintiff's Motion for Special Order Directing Service By ublication upon
defendant, Lynn Edward Nogle, pursuant to Pa.R.CP. 430(a), and it appea' to the ('..ourt that the
plaintiff has made a good faith effort to locate and serve the defendant in the gular course, it is
hereby ORDERED that witllln Motion is GRANTED, and service of the div rce complaint and all
related filings upon the defendant, Lynn Edward Nogle, shall be made by pub cation.
Plaintiff shall advertise notice of the action once in The Altoona Mirro and once in the Blair
County Legal Bulletin in the form prescribed by Pa.R.CP. 430(b)(1). After co pletion of such
publication, plaintiff shall not be required to further publish, serve or give defe dam notice of any
complaint, motion, petition or other pleading regarding the witllln action.
J.
. .'
PROOF OF PUBLICATION OF NOTICE IN ALTOO A MIRROR
STATE OF PENNSYL VANIi
COUNTY OF BLAIR
James Powers
Advertising Manager of the ALTOONA MIRR
301 Cayuga Avenue, Township of Logan, City (
That said newspaper was established 11:
Day of June 1874, since which date said news]
copy of the printed notice, hereto attached, is (
edition of the daily AL TOONA MIRROR publi:
::::fi.t~J
The affiant further deposes and declares
notice of publication and that all allegations in
publication are true.
},
Sworn to and subscribed before me this
(...-/
-
IN THE COURT OF COMMON
PLEAS OF CUMIlERI.AND
COUNTY, PENNSYlVANIA
CIVIL ACTION - LAW
NO. 2003-5965 CML TERM
IN DIVORCE
BARBARA ANN NOGLE,
Plaintiff
v.
LYNN EDWARD NOGLE,
Defendant
NOTICE
Plaintiff has filed a Complaint in Di-
vorce against Lynn. Edward Nogle. If
you wish to defend, you must enter a
written appearance personally or by
attomey and file your defenses or ob-
jections in writing with the Court. You
are warned that n you fail to do so,
tha case may proceed without you
and a decree in divorce or annulment
may be entered against you by the
Court. A judgment may also be en-
tered against you for any other claim
or relief requested in any papers flied
by the plaintiff. You may lose money .
or property or other'rights il1)P.Ol1atlt tOf WO ,sayS: That he IS the
you including custody or VIsitation 0 . . . h
your children. . cu ation, pubhs ed at Number
When the ground for divorce is indig- d S te of Pennsylvania.
nities or irretrievable breakdown of. the
marriage. you may reque~ mamage
counseling. A list of marnage coun.
selors is available in tha office of the
Prothonotary at the Cumberland
County Courthouse, Cartisla, Pennsyl-
vania.
IF YOU 00 NOT FILE A CLAIM FOR
ALIMONY, DIVISION OF PROPER-
TY LAWYER'S FEES OR EX-
PENSES BEFORE THE DIVORCE
OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO
CLAIM />JoJY 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 C/>JoJ GET LEGAL
HELP.
Cumber1and County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
Nathan C. Woti, Esquire for Plaintiff
37 South Hanover Street, SUite 201
Cartisle, PA 17013
(717) 241-4436
February 16, 2005
Notary Public
c' culation on the Thirteenth
in the City of Altoona; that a
d d published in the regular
su . ect matter of the aforesaid
f e, place and character of
,20
0:)
My Commission expires NOTAIlIAl
~ Of Anoon,'l, CiJuIiy
Mv Comn"'on Expir 'July 25, 2lDi
....
Proof of Publication of Notice in Blair Co un Legal Bulletin
Under Act of May 3, 1909, P L 424 as amended by Act No. 409 of Septembe 29,1951, P L 1608
State of PennSYlVania} .
County of Blair S5.
MRS. ROBERT E HARE, JR being duly sworn, deposes and says: that she is the Business Manager of th BLAIR COUNTY LEGAL BULLETIN, a
legal Newspaper published at Duncansville, Pennsylvania. That the said Blair County I.egal Bullet n was established as a weekly legal
Newspaper on October 1, 1938, since which date said Legal Newspaper has been regularly issued we kly in said County; that a copy of the
printed notice or publication attached hereto is exactly as the same was printed a~ublished in th regular weekly editions and issues of
s~id Blair County Legal Bulletin on the following dates, -? -
VIZ.: d"" )
CofrJ'.!.!LNotice or Publication
IN THE COURT OF
COMMON PLEAS OF
CUMIlERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION. LAW
NO. 2003 - 5965 CIVIL TERM
IN DIVORCE
BARBARA ANN NOGLE.
PlaintifT
v.
LYNN EDWARD NOGLE.
Defendant
NOTICE
Plaintiff has filed a Complaint in
Divorce against Lynn Edward Nogle. If
you wish to defend, you must enter a
wrillen appearance personally Of by
attorney and fi Ie your defenses or
objections in writing with the Court.
You arc warned that if you fail to do so,
the t:asc may proceed without you and a
decree in divorce or annulment may be
entt:red against you by the Court. A
judgment may also be entered against
you for any other claim or relief
requested in any papers filed by the
plaintiff. Yuu may lose money or
property or other rights important to
you, including custody or visitation of
your chi Idren.
When the ground for divorce is
indignities or inetrievable breakdown of
the marriage, you may request marriage
counseling. ^ list of marriage
counsclors is available in the office of
the Prothnnmary at the Cumberland
County Courthouse, Cmlislc.
Pennsylvania.
IF YOU DO NOT FILE A CLAIM
OR AUMONlY. DIVISION OF
PROPERTY I.AWYER'S FEES OR
EXPENSES BEFORE THE DIVORCE
OR ANNULMENT IS GRANTED. YOU
MAY LOSE THE RIGHT TO CLAIM
ANY OF THEM.
Sworn to and subscribed before me
/ 7 .//'
I . Z4I-
r-- "lOT ARIAl SEAL
l N8I1cv H. Raker, Notary Public
Altuona, Blair County
~ycommissior, eApires Octob~, 27,2007
this
-lE;;;J en C/
3
For publishing the notice or advertisem
hereto on the above stated dates.
~
.. ....$
&3
Probating same
/'
......................$ h.
......$- b~:tr
Total. .
Publisher's Receipt for dvertising Costs
The BLAIR COUNTY LEGAL BUL ETIN, hereby acknowledges
receipt of the aforesaid advertising and publication costs, and
certifies that the same have been fully aid.
THE BWR OUNTY LEGAL BULLETIN
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET,
SUITE 201
CARLISLE PA 17013
(717) 241.4436
ATTORNEY FOR PLAINTIFF
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
BARBARA ANN NOGLE,
Plaintiff
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this
matter on or about November 15, 2004, and served upon defendant on February 16, 2005, and
February 17,2005 (see affidavit of service filed Apri16, 2005).
2. The marriage of plaintiff and defendant is irretrievably broken and more than ninety
days have elapsed from the date of the service of the complaint.
3. I consent to the entry of a final decree in divorce after service of notice of intention to
request entry of the divorce.
I verify that the statements made in this affidavit are true and correct. I understand that false
statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn
falsification to authorities.
April ! / , 2005
~D~() ~dP~04-
BARBARA ANN V ANDERSLOOT
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NATHAN C. WOLF, ESQUIRE
ATTORNEY ID NO. 87380
37 SOUTH HANOVER STREET,
SUITE 201
CARLISLE PA 17013
(717) 241-4436
ATTORNEY FOR PLAINTIFF
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOlJEST
ENTRY OF A DIVORCE DECREE
UNDER SECTION .HOl(C) 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 propeny, 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 umil 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 affidavit are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.GS. Section 4904 relating to unsworn
falsification to authorities.
April~,2005
\(jrJA)CVlA a Y::ndMl'JCJ/:
BARBARA ANN VANDERSLOOT
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ATHAN C. WOLF, ESQUIRE
TTORNEY ID NO. 87380
7 SOUTH HANOVER STREET, SUITE 201
ARLISLE PA 17013
717) 241-4436
TTORNEY FOR PLAINTIFF
~ARBARAANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
lYNN EDWARD NOGLE,
i Defendant
I
I PRAECIPE TO TRANSMIT RECORD
rO TIlE PR01HONOTARY:
l: Kindly transmit the record, together with the following information, to the court for entl}' of a
rvorce decree:
L 1. Grounds for divorce: Irretrievable breakdown under Section 3301(c) and 3301(d) of the
j-'ivorce Code.
I
, 2. Date and manner of selVice of the complaint: With permission granted by Order of Court
fted December 30, 2004, Plaintiff selVed notice upon the defendant by publication in the Altoona Mirror
n or about February 16, 2005 and in the Blair County Legal Bulletin on or abou February 17, 2005. (See
fidavit of selVice previously filed on April 6, 2005)
. 3. Complete either paragraph (a) or (b):
(a) Date of execution of consent required by Section 3301(c) of the Divorce Code:
By the plaintiff: April 11, 2005
By the defendant: Notice was not required pursuant to Order of Court dated
December 30, 2004.
Date of execution of the affidavit required by Section 3301(d) of the Divorce Code:
N/A
Date of filing and service of the plaintiff's affidavit upon the defendant: N/ A.
: CIVIL ACTION - LAW
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
(b) (1)
(b) (2)
4.
Rehtted claims pending: None
5.
Complete either (a) or (b):
(a) Date and manner of selVice of the notice of intention to file praecipe to transmit
record, a copy of which is attached: N/ A. Notice was not required pursuant to
Order of Court dated December 30, 2004.
(b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the
Prothonotary: April 11, 2005
Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the
Prothonotary: Nj A. Notice was not required pursuany6 Order of Court dated
December 30, 2004. -vY
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IN THE COURT OF COMMON
OFCUMBERLANDCOUNTY
Barbara Ann Nogle
PENNA.
STATE OF
No.
2003
VERSUS
Lynn Edward Nogle
DECREE IN
DIVORCE
AND NOW, /1"l'1'7
Barbara Ann Nogle
~~
/'
,-!1Jf15 _' IT IS ORDERED AND
DECREED THAT
Lynn Edward Nogle
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
PLEAS
59~5
.--5ffl5-
, PLAINTIFF,
, DEFENDANT,
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
YET BEEN ENTERED;
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDE:R HAS NOT
none
ByTHEC
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PROTHONOTARY
+
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J
BARBARA ANN NOGLE,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
LYNN EDWARD NOGLE,
Defendant
: NO. 2003 - 5965 CIVIL TERM
: IN DIVORCE
NOTICE OF INTENTION TO RETAKE AND USE PRIOR NAME
TO THE PROTHONOTARY:
Kindly file the anach Notice of Intention to Retake and Use Prior Name:
I, BARBARA ANN NOGLE, hereby give notice, avowing my intention to resume and
hereafter use my prior surname, to wit: BARBARA ANN V ANDERSLOOT, in accordance with
the provisions of the Act of December 16, 1982, P.L. 1309, No. 295, Section 704 (a) (54 Pa.C.S.
Section 704 (a)) and in support there I aver as follows:
1. I, Barbara Ann Nogle, am an adult resident of Camp Hill Borough, Ounberland
Counry, Pennsylvania.
2. My divorce, docketed to the above term and number was granted on May 4, 2005.
I verify that the statements made in this document are true and correct to the best of my
knowledge, information and belief. I understand that false statements herein made are subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
IN WITNESS WHEREOF, I have hereunto set rny hand and seal this 10 day of May, 2005.
\~~ Qflv}'---'I\ ~Z- (SEAL)
BARBARA ANN Nci6
TO BE KNOWN AS:
~hu~8:dLLJd-(SEAL)
BARBARA ANN ANDERSLOOT
(;OMMONWEALTH OF PENNSYLVANIA
: ss:
(j;OUNTY OF CUMBERLAND
PERSONALLY APPEARED BEFORE ME, a notary public for Cumberland Counry,
pennsylvania, this ~ day of /'l/J'1 , 2005, BARBARA A. NOGLE, known to me (or
satisfactorily proven) to be the person whose name is subscribed to the within agreement, and acknowledge
that she executed the same for the pwposes therein contained.
IN WITNESS WHEREOF, I have hereunto set
and official seal
ONWEAL TH OF PENNSYLVANIA
Notarial Seal
NaIhan C. Woij. No1a'Y PublIc
Carlisle Boro, ()'mtJe~and County
My Commission ExpIres Apr. 19,2008
Member, PennsylvanIa Association Of Notaries
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