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Home My WebLink About04-1551 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PHIL ERB, v. : CIVIL ACTION - LAW : NO. 64- /55/ : IN DIVORCE ~~ CAROL N. ERB, Defendant 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 ofthe marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office, Cumberland County Courthouse, Cumberland, 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 TillS 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 PHIL ERB, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : NO. 6~- IS.(( : IN DIVORCE CAROL N. ERB, Defendant COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, PHIL ERB, by and through his attorney, ROBERT B. LIEBERMAN, ESQUIRE, and seeks to obtain a Decree in Divorce from the above- named Defendant, CAROL N. ERB, upon the grounds hereinafter setforth: I. Plaintiff is PHIL ERB, an adult individual, residing at SCH FPC, Box 670, Minersville, Schuylkill County, Pennsylvania. 2. Defendant is CAROL N. ERB, an adult individual, residing at 59 East Main Street, Mechanicsburg, Cumberland County, Pennsylvania. 3, Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 20, 1989 in East Berlin, Adams County, Pennsylvania. 5. There was a prior action in divorce filed in Dauphin County by the Defendant. The foresaid action was terminated for inactivity. 6. The Plaintiff and Defendant are both citizens of United States of America. VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are true and correct based upon my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. DATED: fj/cf/ Q:J -,~~ c..N b: ~ __. i ,..()\ ~j -~ -0 ~. ~J c1 - C/' 0) U'.\ , ../', C r-.... \ -..' - r--.) ,. ~., ", ,,~ ....j "-l ~--, r...:; (,'. r",.:, r< Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHIL ERB, v, CIVIL ACTION - LAW : No. o,\--- 155: \ : DIVORCE CAROLE N. ERB, Defendant NOTICE If you wish to deny any of the ~tateme:lts set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 330Hd) OF THE, DIVORCE CODE I. The parties to this action separated in July 7, 1992 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. 9 4904 relating to unsworn falsification to authorities. Date: /~ 1lP()! or / I ", Phit,grb, .. Plaintiff (") ~ 'FI c: <=:> ;;;:: ..c- "'t7l:n :1:>00 ~:n n1tJ'j -0 Z:tl :::0 i}}s; hi N ~~ "o- N r-"I;'::~;; !~ -0 g~ :r.: ~ ~ ~ .r:- ~ (:) PillL ERB, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLANn COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. 04-1551 CIVIL CAROL N. ERB, Defendant : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF DAUPHIN Personally appeared before me, a Notary Public, in and for said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: 1. That on April 12, 2004, a Complaint in Divorce was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on April 15, 2004, I forward by certified mail, restricted delivery, return receipt requested, a certified copy of the Complaint in Divorce to Defendant, CAROL N. ERB, at 59 East Main Street, Mechanicsburg, Cumberland County, PA. 3. That the aforesaid copy of the Complaint in Divorce sent to Defendant, CAROL N, ERB, was delivered on April 17, 2004, as evidenced by the re:turn receipt card signed by Defendant and attached hereto. 4. That to the best of my information and belief, the signature on the return receipt card is, in fact, the signature of CAROL N. ERB. SWORN AND SUBSCRIBED before me this /}..?:,,,d day of Irpl''f I . ,2004. ~ WuJ1ru~ Notary Public My Commission Expires: NOTARIAl SEAL ~F'ilWJLLlAMS NOTARY PUBLIC ufUoYMMJS=S~~sor3lYHl~ 1%05 r- ,.." nJ C C m 0- m U'J CJ Certified Fee <::> CJ Return Receipt Fee (Endorsement Required) C o Restricted Delivery Fee CJ (Endorsement ReqUired) ,.." Postmark H'rn 4/151 D4 nJ t::J Sent To C r- ~~ .~_.'-, ROBERT B. LIEBERMAN, Esquire Attorney for Plaintiff " rJ> ." o :3 '" 0>, ~ ~ )> -.J co 0 '@ 0 !!l OJ N o :1 .... c o o o o o 5' lr1 iUJ 0" ..JI " UJ !a 0 ~ o " 0 ~ IU . .... 'S .....J ~ ~ ill 6 N i: ti. w ~ to ~H ~1 g~~f . . O)>"""'1? ... =0... CD g~g3:33 _=rl>>,< ~"C ~g:~g;:;;i t.~; ! _ --CD .... ;:DCD a en "lll-' [0 ~ Ii 3. ~ .:r 3 ;:;; Glgrn "o~!!lli-~ J~' .. il5'3 Q.:r-N ~ CD _m_SlJ 1 ~iRj'~ - ~ "'2,[ i O;'l?: " 0" ' - -" It :T 0 0 J?_ lll,< g_.o 3gCD!O e!,' iil, .g 'tf < - ~ -, CD !Po _~ $ CD !" ~~ " ~ !'i: ~ J! !il ~ u~... Ii' s::il.s:: ~. ~ ~ "1 '0 ~ ODD r>if~ ! 9 em 0" , 0 ~s:: . e. " Q' s:: . ,g. . 0 0. ~. " , \ /' r (') ....., ~ c:::> c:: = .- ~ ~ II ""Ot'11 " rt'lrl"; ;;0 ~(~ N (j) '-': a> -;:~ kC -0 ~(") :x ~ ::;;2 N ~ - ~ .~ .~ PHIL ERB, Plaintiff :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYL V AN vs. :NO.04-1551 CAROLE N. ERB, Defendant :CIVIL ACTION -- LAW :IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and ~Dr said Commonwealth and County, ROBERT B. LIEBERMAN, ESQUIRE, who, being duly sworn according to law, deposes and says: I. That on April 22, 2004, an Affidavit Under Section 3301(d) of the Divorce Code was filed on behalf of Plaintiff and against Defendant in the above case. 2. That on April 23, 2004, I forward by certified mail, return receipt requested, restricted delivery, a certified copy of the Affidavit Under Section 3301(d) of the Divorce Code to Defendant, Carole N, Erb, at 59 East Main Street, Mechanicsburg, Cumberland County, PA. 3. That the aforesaid copy of the Affidavit Under Section 3301(d) of the Divorce Code sent to Defendant, Carole N Erb, was delivered on April 26, 2004 as evidenced by the return receipt card signed by Defendant and attached hereto. 4. That to the best of my information and belief, th,~ signature on the return receipt card is, in fact, the signature of Defendant, Carole N. Erb. ~f:; fl.~ NOTARiAl SEAl DENISE I. WlLLlAMS..NOTARY' PUBLIC CITY OF HARRISBU"" DAUPHIN CO. MY COMMISSION PlR~S JULY 5 2005 o .....~O-'"). ..... ROBERT B. LIEBERMAN, Esquire Attorney for Plaintiff SWORN TO and subscribed before me this ;y. 7ff. day of ApI' I I ,2004. _UQntM WJ1[IC: rrw Notary Public 'U !" Ul -n i~ 0 3 - ~l '" <Xl ~ ~ ~ ....., <0 0 " 0 !II ru '" ~ ..... 0 0 0 My Commission Expires: 0 " 1 oil i ~ -.. o' il' LlJ 0 0 0 3 oi .. IT! " a- ~ zc I IT! . a- Postage $ S 0 U'J 0 Certified Fee 0 Postmar~ J i' 0 Return Receipt Fee Hem .' (Endorsement Required) ~ 0 Restricted Delivery Fee '-I/()3/a4 0 (Endorsement Required) i 0 r'I ! ru 0 Sent To 0 r- ___un._____ un_a_n___ ~ ~ ~ 0 ~ i: @ ~ 3~~i a ~D ~ ~/ ~~I !~~" ~t & D~ 5'l~o !! _. 3i dl ~ h.... ifil.;::'51 = I!!. ::;;or a en _. d ..~;{~ .' ::~.~c(/'~ f t ) I\> ... , DO n:1l p~ !='3 ";:: ~, IlL 'S. .;r ~ ~ ;:: ~ ~ is. ~' . . . Q~~4'ib> g~g.a33 . r+::T~~ ~'2. iig.~c=O;!. -'at'" :0<0 ago~~" a a.!!l 3 ~,~ =0; ,::!Cllo.cn th-Qll>>(p..... ,ooe-~Q.. l>>:f3 c.owl\) l6 CD _ '><'" cr::T a. =:J i"CDo.gjo. ~oo(i!-<w :::s "Ill m . ;::;:0 a en')> !'l;::_ga.cn ,,-0 CD 0 CD(jS'!!,g i F ~ ~~ '0 <: - -, CD !P. l'l i .. !!' " I I \ ~ I \ , \ /../ -- ..,........ --' -- 8 ?.: ..,."<c.,, ~\,t ~t ?;: () );~;:: ~ , ~ <::> .... .Ii:- ".. ;:z N 0) ..". ::J: ~ ~2 ~e ~.~ b::!j t5~ 5;! ~ ~: W -.J PillL ERB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA II, CIVIL ACTION - LAW NO. 04-1551 CIVIL CAROL N. ERB, Defendant : IN DIVORCE ANSWER 1. Admitted 2. Admitted 3. Admitted 4. Admitted 5. Admitted 6. Admitted 7. Admitted 8. Admitted 9. Admitted 10. This is a legal conclusion which does not n:quire a response. NEW MATTER 11. During the marriage the parties have acquired real estate held in both names as tenants by the entireties. WHEREFORE, defendant prays your Honorable Court to equitably divide the property owned by them which constitutes marital prol~rty. Dated: June J.:r 2004 - ~ M. Eakin Mlu et Square Building Me(;hanicsburg, PA 17055 (717) 766-3172 ID # 06351 VERIFICATION I verify that the statements made in the foregoing Answer are true and correct based upon my personal knowledge, information and bdief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Dated: June 2>,2004 ~~ Y/, ~C Carol4N. Erb Defendant Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHIL ERB, v. CIVIL ACTION - LAW NO. 04-1551 CIVIL CAROL N. ERB, Defendant : IN DIVORCE FORM OF NOTICE TO PLEAD To: Phil Erb You are hereby notified to file a written response to the enclosed Answer within twenty (20) days from service hereof or a judgment may be entered against you. ,~ Jom . Eakin MaJ et Square Building Mec;hanicsburg, P A 17055 (717) 766-3172 ID # 06351 " 0 ,..., 0 CO"" C c::;;. "Tl ..,- . ~ 1"1 2:':: :Ii m r- -r"lrn f'.) :)) CJ c (...II r'-" .:.. ~':=J~-~ -n -:,L.'1 =j:; S.:2ci ~) i.Srn ,....--1 ..;:...... ~HI W -< U1 -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHIL ERB, Plaintiff vs. NO. 04-1551 CAROLE J. ERB aka CAROLE N. ERB, Defendant CIVIL ACTION - LAW IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter the appearance of Eric J. Wiener of The Law Firm of Eric J. Wiener on behalf of the Plaintiff in the above-captioned matter pursuant to Rule 1 012(b )(2)(ii), I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Papers may be served at the address below. Dated: yilt/db I I By: ,---~---'~'> ) r// ERIC J. WIEN LAW OFFICES OF ERIC J. WIENER Sup, Ct. ID. 18046 2407 Park Drive Harrisburg, PA 17110 (717) 657-7701 r>. pmL ERB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CMLACTION-LAW NO. 04-1551 CIVIL CAROL N. ERB, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1.) A complaint in divorce under 3301(c) of the Divorce Code was filed on April 12, 2004. 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 ~ Date: n~ 0. . 9 ~ Carole J. Erb ~i/. ~ Carole N. Erb ~ fI )~ Carol N. Erb 8 l"o..,) 0 ~ ~ ""Tl s: CT"\ iJjffi ~ ~:o 4_............ -< r- ~r-"---" -om ..c:.._I.... (/)""': :rJO -<...:... "'.:) 1. r"'[" ::_..CJ <"' '- '~l...t*i .:J>c -0 <3:0 2C :x ZC) >c - dm 2: .. ~ =< 0 ......:;: pmL ERB, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW NO. 04-1551 CML CAROL N. ERB, Defendant : 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 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 auth~ Date: 17 ~6(, . 9~ Carole J. Erb ~f1.~ Carole N. Erb ~~.~~ Carol N. Erb ('") c s: ""'Oct"? OJ!.,: "'- - .......-~ Zl. ro.',- ~t ::c::: 1>c ~,z -.., <;;:"L -c: Z ~ ~ c:::>> c:::>> a" ::E > -< ~ :r!:o i~ :r!.~ 0('5 5r'n );! ~ -0 :it: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILLIP J. ERB, Plaintiff vs. NO. 04-1551 CAROLE J. ERB aka CAROLE N. ERB, Defendant CIVIL ACTION - LA W IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(d) of the Divorce Code was filed on April 9, 2004. 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. Dated: Lfj; 9 It) G ( I '~{l Dated Carole J. Erb aka, Carole N. Erb, Defendant 8 -,. :5...... \:TC1::' n1 fe' 2:.c Zf~_ (f)~" -<""- ~C )::0'..,., >-;7' \. .,~'C 5>C ~ l"...:t c:::::l c:::::l c::.-. ::I: :t-. -< ~ ~:o :t'JZ _0 o :r .; r..... ::JJ ,.Jo 2m ~ ~ -< -0 ::I:: - .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PlllLLIP J. ERB, Plaintiff vs. NO. 04-1551 CAROLE J. ERB aka CAROLE N. ERB, Defendant CML ACTION - LAW IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 13301(e) 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 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 6/~I/O' Q ~:~" ..-. .~, ~." r-:> .-:::::::::> c.? 0.... C- S ~ ~ rn-r1 r=' -r-i rt1 ~::,~y ':::',C) I c..;1 ~" -- -:--.;00 -) -:'-' " C) ~~ 0' :-5l \.D .r:- N ..... ~ \. ~ IN TIIE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA PHILLIP J. ERB, Plaintiff vs. NO. 04-1551 CAROLE N. ERB aka CAROLE J. ERB, CNIL ACTION - LAW IN DNORCE Defendant 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 13301(e) and 13301(d)(l) of the Divorce Code. 2. Date and manner of service of the Complaint: 4-15-2004 via Certified Mail, Return Receipt Requested. 3. Date of the execution of filing and service of the Plaintiff's Affidavit upon the Respondent: 4-23-2004 via Certified Mail, Return Receipt Requested. 4. Related claims pending: None - 1 - . . . ........ 5. Date of Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: to - / - L DO ~ (eopy attached). Date Defendant's Waiver of Notice in ~3301(c) Div Prothonotary: May 11,2006 (copy attach LAW OFFICES OF ERIC J. WIENER Sup. Ct. ID. 18046 2407 Park Drive Harrisburg, P A 17110 (717) 657-7701 -2- o r- ~; --""" """ = = 0" L S::: """""- o II :r n'i:D r- -OfT: ;-~9 ~~ :;:-1 :D -< I 0, ::t:n - -4.4. ':'? .r- f',,) . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF . PHIL ERB, . Plaintiff . . VERSUS CAROLE J. ERB aka CARULIS N. ~, Defendant . . . . . . . . . . . . AND NOW, PENNA. No. 04-1551 ~t'I\~~otO DECREE IN DIVORCE j\J \.It ~ ,ke{)!." IT IS ORDERED AND DECREED THAT Phil Erb, , PLAINTIFF, . . AND Carole J. Erb aka Carole N. Erb, , 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; . . . . . . . . . . . . 8, THE COUR" ~\ ATTEST~'" \ ~ .~ r ~ 7 PROTHONO"" J. . . . . . . . . . . . . . . . . . . . . . . . 'hl1{J Jr J ~ '?'?!!-~ ~~.,'("/ -% ~ ~ ..p7l , X-i.fr .') '7/' LC- '7