HomeMy WebLinkAbout08-2726
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Law Office of Theresa Barrett Male
Theresa Barrett Male, Esquire, ID # 46439
Andrea Hudak Duffy, Esquire, ID # 60910
513 North Second St., Harrisburg, PA 17101
(717) 233-3220
tbmcatbmesouire.com
Counsel for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE LOBINGIER
Plaintiff
V. NO. 08- D qa.(o Civil Term
BARRY L. LOBINGIER
Defendant CIVIL ACTION - 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 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, 1 Courthouse Square,
Carlisle, Pennsylvania.
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
800-990-9108
AMERICANS WITH DISABILITIES ACT OF 1990
The Court of Common Pleas of Cumberland County is required by law to comply with
the Americans with Disabilities Act of 1990. For information about accessible facilities and
reasonable accommodations available to disabled individuals having business before the
court, please contact our office. All arrangements must be made at least 72 hours prior to
any hearing or business before the court. You must attend the scheduled conference or
hearing.
BY THE COURT:
J.
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Law Office of Theresa Barrett Male
Theresa Barrett Male, Esquire, ID # 46439
Andrea Hudak Duffy, Esquire, ID # 60910
513 North Second St., Harrisburg, PA 17101
(717) 2333220
tbmGttbmesauire.c om
Counsel for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE LOBINGIER
Plaintiff
V.
BARRY L. LOBINGIER
Defendant
NO.
08- Z 72-t' Civil Term
: CIVIL ACTION - DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is Michelle Lobingier who currently resides at 6226 Stanford Court,
Mechanicsburg, Pennsylvania 17050 since in or around July 16, 2007.
2. Defendant is Barry L. Lobingier who currently resides at 6348 North
Powderhorn Road, Mechancisburg, Pennsylvania 17050 in or around November 4,1999.
3. The parties have been bona fide residents in the Commonwealth for at least six
months immediately previous to the filing of this Complaint.
4. The parties were married on May 13,1989 in Almonesson, New Jersey.
5. There have been no prior actions for divorce or annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff has been advised that counseling is available and that Plaintiff may
have the right to request that the court require the parties to participate in counseling.
Wherefore, Plaintiff requests the Court to enter a divorce decree under section
3301(c) of the Divorce Code.
Respectfully Submitted,
Law Firm of Theresa Barrett Male
By:
Theresa Barrett Male, Esquire, ID # 46439
Andrea Hudak Duffy, Esquire, ID # 60910
513 North Second Street
Harrisburg, Pennsylvania 17101
(717) 233-3220
Attorneys for Plaintiff
Date: April 2008
2
VERIFICATION
I verify that the statements made in the foregoing document 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: ???
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Law Office of Theresa Barrett Male
Theresa Barrett Male, Esquire, ID # 46439
Andrea Hudak Duffy, Esquire, ID # 60910
513 North Second St., Harrisburg, PA 17101
(717) 233-3220
tbm@tbmesauire.com
Counsel for Plaintiff
COURT OF
MON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE LOBINGIER
Plaintiff
V.
BARRY L. LOBINGIER
Defendant
NO. 08-2726 Civil Term
CIVIL ACTION - DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce
III
Date: 008
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Law Office of Theresa Barrett Male
Theresa Barrett Male, Esquire, ID # 46439
Andrea Hudak Duffy, Esquire, ID # 60910
513 North Second St., Harrisburg, PA 17101
(717) 233-3220
tbmCaatbmesquire.com
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE LOBINGIER
Plaintiff :
V.
NO. 08-2726 Civil Term
BARRY L. LOBINGIER
Defendant CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on
April 28, 2008.
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. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
l ? -4.,
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.
i helle Lob er
Date: August, 2008
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Law Office of Theresa Barrett Male
Theresa Barrett Male, Esquire, ID # 46439
Andrea Hudak Duffy, Esquire, ID # 60910
513 North Second St., Harrisburg, PA 17101
(717) 233-3220
tbmAtbmesguire.corn
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE LOBINGIER
Plaintiff
V.
: NO. 08-2726 Civil Term
BARRY L. LOBINGIER
Defendant CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 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.
3. 1 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
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the prothonotary.
4Iwl? ..i .
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 unswom falsification to authorities.
Date:
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Law Office of Theresa Barrett Male
Theresa Barrett Male, Esquire, ID # 46439
Andrea Hudak Duffy, Esquire, ID # 60910
513 North Second St., Harrisburg, PA 17101
(717) 233-3220
tb?tbrnesouire.corn
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE LOBINGIER
Plaintiff
V. NO. 08-2726 Civil Term
BARRY L. LOBINGIER
Defendant CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on
April 28, 2008.
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. 1 consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
4 -17-0 . ti
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.
Barry L. Lobingier
Date: August 1 f , 2008
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Law Office of Theresa Barrett Male
Theresa Barrett Male, Esquire, ID # 46439
Andrea Hudak Duffy, Esquire, ID # 60910
513 North Second St., Harrisburg, PA 17101
(717) 233-3220
tbrnAtbmesquire.com
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE LOBINGIER
Plaintiff
V.
NO. 08-2726 Civil Term
BARRY L. LOBINGIER
Defendant CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF
A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 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.
3. 1 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.
VC -r ° +h •
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.
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Barry L. Lobingier
Date: , 5/14 /C; S
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Law Office of Theresa Barrett Male
Theresa Barrett Male, Esquire, ID # 46439
Andrea Hudak Duffy, Esquire, ID # 60910
513 North Second St
Harrisburg, PA 17101-1058
(717) 233-3220
tbrnAtbrnesQuire.corn
Attorneys for Plaintiff
COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
MICHELLE LOBINGIER
Plaintiff
V.
NO. 08-2726 Civil Term
BARRY L. LOBINGIER
Defendant CIVIL ACTION - 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(c)) t3391(d)(-1))
of the Divorce Code. (Strike out inapplicable section).
2. Date and manner of service of the complaint: Acceptance of Service signed
by Defendant on April 30, 2008 and filed on June 18, 2008.
3. Complete either paragraph (a) or (b).
0
(a) Date of execution of the affidavit of consent required by § 3301(c) of the
Divorce Code: by plaintiff: August 5, 2008; by defendant: August 14, 2008.
.' s
NIA.
(b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code:
(2) Date of filing and service of the plaintiffs affidavit upon the respondent: N/A.
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 a copy
of which is attached: N/A.
(b) Date plaintiffs Waiver of Notice was filed with the prothonotary: August 21,
2008.
Date defendant's Waiver of Notice was filed with the prothonotary: August 21,
2008.
/ Attorney for Plaintiff
Date: October 2008
2
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
MICHELLE LOBINGIER'
2726 Civil 2008
Plaintiff No.
+
VERSUS
BARRY L. LOBINGIER
Defendant
DECREE IN
+ DIVORCE
+
+
+
AND NOW, oaOle Gr IT IS ORDERED AND
DECREED THAT Michelle Lobingier
PLAINTIFF,
Barry L. Lobingier
AND DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
None.
+
BY THE COURT:
ATTEST: J .
ell,
PROTHONOTARY
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