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HomeMy WebLinkAbout08-4873Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) CRAIG L. KRABER, Plaintiff VS. MAIJA E. KRABER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08 - Zl8?13 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 against 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 with 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, Pennsylvania, 17013-3387. 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 BY e4?0' ndrew C. Sheely, Esquire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) CRAIG L. KRABER, Plaintiff VS. MAIJA E. KRABER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08 - q'j'73 IN DIVORCE NOTICE OF RIGHT TO COUNSELING YOU are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties with a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors if available in the office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Andrew C. Sheely, Esquire 127 S. Market Street P.O. BOX 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) CRAIG L. KRABER, Plaintiff VS. MAIJA E. KRABER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW y'?73 08 - IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is CRAIG L. KRABER, an adult individual who currently resides at 4570 Hess Road, Stewartstown, York County, Pennsylvania. 2. Defendant is MAIJA E. KRABER, an adult individual who currently resides at 2193 Bradford Drive, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant were residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married in Elk, California, on October 11, 2003. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. COUNT 1 - DIVORCE - IRRECONCILABLE DIFFERENCES 8. Paragraphs 1 - 7 are incorporated herein as if set forth at length. 9. The marriage between the parties is irretrievably broken. 10. After ninety (90) days have elapsed from the date of filing the divorce complaint, Plaintiff intends to file an affidavit consenting to a divorce and Plaintiff believes Defendant may also file such an affidavit. 11. This divorce action is not collusive. 12. The parties separated on or about March 1, 2008. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from filing of this Divorce Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code. COUNT II - DIVORCE - 3301(d) 13. Paragraphs 1 - 12 are incorporated herein as if set forth at length. 2 14. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit of consent, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT III. CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 15. The allegations in Paragraphs 1 - 14 are incorporated herein and made a part hereof. 16. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts, retirement accounts, retirement assets and insurance policies acquired during their marriage. 17. Plaintiff and Defendant are the owners of real property acquired during their marriage. 18. Plaintiff and Defendant have acquired various marital debts during the period of their marriage. 3 WHEREFORE, Plaintiff requests your Honorable Court equitably distribute the parties marital property, including marital debt, and including any such further relief as the Court may determine equitable and just. Date: 9-- 1' , 2008 Respectfully submitted, Gov" ? ` Andrew C. Sheely, Es re Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 4 VERIFICATION 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 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date:?' 1 r 2008 Craig L. P"er Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) CRAIG L. KRABER, Plaintiff VS. MAIJA E. KRABER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08 - IN DIVORCE AFFIDAVIT Craig L. Kraber, being duly sworn according to law, deposes and says: (1) I have been advised of the availability of marriage 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 Domestic Relations 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 by the Court. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities Craig Kraber ? 'b9 C ? R 14 , A C : am ` T _ j C-Q Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) CRAIG L. KRABER, Plaintiff VS. MAIJA E. KRABER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 08 - 4873 IN DIVORCE TO: CURTIS LONG, PROTHONOTARY ONE COURTHOUSE SQUARE CARLISLE, PA 17013 PRAECIPE TO REINSTATE DIVORCE COMPLAINT KINDLY reinstate the Complaint in Divorce Docketed to the above-captioned matter. September 1 2008 drew C. Sheely, Esquire 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 Attorney for Plaintiff W CASE NO: 2008-04873 P SHERIFF'S RETURN - REGULAR COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND KRABER CRAIG L VS KRABER MAIJA E RONALD HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon KRABER MAIJA E the DEFENDANT , at 1433:00 HOURS, on the 5th day of September, 2008 at 2193 BRADFORD DRIVE MECHANICSBURG, PA 17055 by handing to WALT NEVEKER, ADULT IN CHARGE a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.00 Postage .59 Surcharge 10.00 %I "tb 7 00 V38.59 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 09/10/2008 ANDREW SHEELY By: Deputy Sheriff A. D. CRAIG L.KRABER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA - v. : NO.2008-4873 ' MAIJA E.KRABER, : CIVIL ACTION-LAW Defendant : IN DIVORCE rr• .:—% to co STATEMENT OF INTENTION TO PROCEED rj r•.A --0 C2,1 TO THE COURT: p C) Defendant,Maija E.Kraber,intends to proceed with the above captioned divorce matter. c. Date: Pv Z tf `' Christine Taylor BranEs uire Y q Attorney for Defe •.nt 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. I. 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)hoe 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 Ruie230(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. Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) CRAIG L. KRABER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MAIJA E. KRABER, 08 - 4873 Defendant IN DIVORCE m -v- s- to AFFIDAVIT OF CONSENT Y >C-, -r, =C7 1. A Complaint in Divorce under Section 3301(c) of t1 r- Divorce Code was filed on August 14, 2008 . 2 . The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90 ) days have elapsed from the date of filing 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.A. Section 4904 relating to unsworn falsification to the authorities. DATE: rel 19 , 21) 1 Craig IO Kraber ��/ Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) CRAIG L. KRABER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MAIJA E. KRABER, 08 - 4873 Defendant IN DIVORCE -G ; ,v. rn n 77.. 2 c:°r- r r', WAIVER OF NOTICE OF INTENTION TO REQUEST p ; ENTRY OF A DIVORCE DECREE UNDER —c: 7- §3301(CZ 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 decree 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities . DATE: F€k J' � 2ID I Craig . Kraber CRAIG L. KRABER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 08-4873CIVIL c _ C"1 YT r r n MAIJA E. KRABER, : CIVIL ACTION - LAW `' Defendant : IN DIVORCE Yom, AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 14, 2008. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both the 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 above 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: di) , 2014 GI �- C -� ` MAIJ E , • A :ER, Plaintiff i '`F 'PO i ti ;Ci 2014 AR -7 PM I: t42 CRAIG L. KRABEI2 (- COUNTY : IN THE COURT OF COMMON PLEAS Plaintiff PENNSYLVANIA : CUMBERLAND COUNTY,PENNSYLVANIA v. : NO. 08-4873CIVIL MAIJA E. KRABER, : CIVIL ACTION - LAW Defendant : IN 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. 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 above 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: , 201Y-- MA A E KRABER, Plaintiff CRAIG L. KRABER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MAIJA E. KRABER, 08 - 4873 Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD . TO THE PROTHONOTARY: cTx a :3 Kindly transmit the record, together with the following !, information to the Court for entry of a divorce decree: r- 1. Ground for divorce: > , Ica .. Irretrievable breakdown under 3301(c) 2 . Date and manner of service of the complaint: Acceptance by Defendant on September 5, 2008. 3. Complete either paragraph (a) or (b) . a. Date of execution of the affidavit required by 3301(c) of the Divorce Code: by plaintiff 02/19/14; by defendant 02/24/14 . b. ( 1) Date of execution of the affidavit required by 3301(d) of the Divorce Code N/A (2 ) Date of filing and service of the plaintiff' s 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 to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 03/ -7 /14 Date defendant' s Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: 03/ 7 /14 t 4411POP drew C. Shc - quire Attorney for Plaintiff 127 South Market Street Mechanicsburg, PA 17055 ( 717 ) 697-7050 CRAIG L. KRABER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. MAIJA E. KRABER : NO. 08-4873 DIVORCE DECREE AND NOW, � � il�f_ C/� , it is ordered and decreed that CRAIG L. KRABER plaintiff, and MAIJA E. KRABER 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. All claims settled by Marital Settlement Agreement dated February 19, 2014. By the Court, Attest: J. Pr thonotary �Pc ry�ai led 4o a,tty Sheeiy Mo-ke+ 4q r -flecH,atb4 Brann pl;led _3I�