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Home My WebLink About04-2107 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff v. CIVIL ACTION - LAW NO. 2004-2107 DAVID R. STERLING, Defendant IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following in~Drmation, to the Court for entry of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: served on Defendant by United States Certified, Return Receipt Requested, Restricted Delivery Mail on May 15, 2004 3. Date of execution of the Plaintiffs Affidavit of Consent required by Section 3301 (c) of the Divorce Code; August 11, 2005; by the Defendant; August 26,2005. 4. Related claims pending: None. 5. Date Plaintiff s Waiver of Notice in 9330 I (c) Divor.ce was filed with the Prothonotary: August 15, 2005. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: August 31, 2005. Date: October 6, 2005 KNIGHT & ASSOCIATE ~"'E""," Attorney J.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorneys for Plaintiff F:\User Folder\Finn Docs\Gcndocs200513430-1 praccipe.wpd (") r- i: C~ =2 ....., "" C~ c.n o n -, ~ -l In; :n r- -:;m -:.(JCJ '9{1.) ;~ =f~ ':('5 orTI --I --, ~Q -u :JC: N +"" -.J - F:\User folderlJ'irm DocsIGendocs2004\3430" ldiv.complaint_wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LINDA STERLING, Plaintiff v. CNIL ACTION - LAW NO. 2004- .;2../ 0 7 DAVID R. STERLING, Defendant IN DNORCE 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 orreliefrequested 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 Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TIDSPAPER TO YOUR LA WYERATONCE. IFYOUDONOT HAVE ALA WYER 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff v. CNIL ACTION - LAW NO. 2004- ,;;J. I 0 7 DAVID R. STERLING, Defendant IN DNORCE COMPLAINT IN DIVORCE AND NOW, this lOth day of May, 2004 comes Plaintiff, Linda Sterling; by and through her attorneys, Hanft & Knight, P.c., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Linda Sterling, who resides at 84A Pleasant View Terrace, New Cumberland, Cumberland County, Pennsylvania 17070. 2. The Defendant is David R. Sterling, whose last known address is 840 Yverdon Drive, Camp Hill, Cumberland County, Pennsylvania 170 II. 3. The Plaintiff and Defendant are sui juris, and both are been bona fide residents of the Commonwealth of Pennsylvania and Plaintiffhas so been for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on May 27, 1988, in Williamsport, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. The Plaintiffhas been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiffwaives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, HANFT & KNIGHT, P.C. '--- MicI;;el J. Hanft, Esquire Attorney ill No. 57976 Sean M. Shultz, Esquire Attorney ill No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff VERIFICATION The foregoing Complaint in Divorce 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 Complaint in Divorce 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 ofthe 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! make knowingly false averments, I may be subject to criminal penalties. ~~~7 1'.(\ ....... '" Q\ ~ , t' -b ~ j -fI\ - \J) ~ ~ ...C\ o v) C) (J ....., 1":::;, 9. , c.::, - ~ --.,,: nllJ ~ -0 rn :-l~J c-J C) L ~-.. (--> -"-1 --1- -r, -i1 ~--. ) f') ',OJ rn , -:::--..! - :..;) '-, 0> -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff v. CIVIL ACTION - LAW NO. 2004-2107 DAVID R. STERLING, Defendant IN DIVORCE CERTIFICATE OF SERVIC:~ AND NOW, this l1+])day of May, 2004, I, Sean M. Shultz, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on May 12, 2004, but actual service took place on May 15,2004, by Defendant signing for a copy ofthf: Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: David R. Sterling 840 Yverdon Drive Camp Hill, Pennsylvania 17011 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, ean M. Shultz, U1re Attorney ID No. 90946 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 F:\User Folder\Finn DocsIGendocs200413430.1cer,ser,wpd Attorneys for I'laintiff I, 2A'Irtlcle ( (i~:Wml':~:' . ~~~~ .~~ "'II"'Cofit'let8"it~m~~:i~t2'ft~d3~"'AJso'(;()rn';iete"}'~L;';::~~: , j,'hem ~ ff ResliiCt'1d'Dellve;YlS"8eslrea~." 2'j','c"::: ;;. '~Prin{ yourname""aft'cfaddress on 'the 'reverSe ':~""(~~'~': :~~~t~lf~~:~)Jj~V;R~~1:% ~~:~~i:;~~;~; l:, "(,01 on lh.fiorii~!f ~~iicePeiijJltS. .: ' , b Artlci. Addressed F '''';. '. ",;,; Q'4"':'o,;~.:ti;,rl:"Iiiif/!;;1*r':'(~':<f:\tij .;h. , ',(.~(...\:,:),';. o . '~!!lf "trOYl.:':i.wVIY~ <,\ }';:~,";" ,'j ';,'.C:', :~"'~;.. ,'."c" O'::Yi;:r1~~1,,~ft''a~tYt;":h~:' .' .'....; 3.~...Type ".. . . '/',,;.. ,', '~P:j~lHj ~h~~r1\.' . .' ". .. ,: ;t~ ~~:~:~e~/;,g:~::;~:ie:h;;~rse . : i"'" ".,."... -c't.J';1.0J( "',,,:, ..~OI~"'redMeii'.::oc.o.D':::":'.l:';;:"':',:,>, .... ' .':;: :c.',.\ 1/.7,.,) '\h;~'it'4' ',""",'u... ._._.~,~.,.,,""""....~ ' ':'i';'~l'tJi$j;: :",",,"";".\'d~'l!'I"~1 :;RestrIctilciDelIvely?I~~J.?:~L.ii' ! 8709 57/\4 .. ;.;! tBlC-ll:jjj4 ~;[~~~~IM':M:j"o'l Exhibit "A" o c; '''0 r,,:~ 12,,': \.; Zl_ (/.1 " --< .. ..-..:.,.. '~'~:: S~'~ ~~~ ~ -<. .....- ,,>1;-' ..... , - r-> = = .r- o -n :?..,.., rn-- -nhi :69 SQ ::C~; 85 Bcn -I 35 C< ~ ".. -< rv -I -0 :;: .::- cJ1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff No. 2004-2107 In Divorce v. Civil Action - Law DAVID R. STERLING, Defendant MOTION FOR APPOINTMENT OF MASTER Linda Sterling, Plaintiff, moves the court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment ( ) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support ( ) Counsel Fees ( ) Costs and Expenses and in support of the motion states: 1. No discovery has been requested by Plaintiff or Defendant in this matter. 2. Defendant is not represented by an attorney in this matter. 3. The parties separated in November of 1997 and Plaintiff filed a Complaint in Divorce on May 22, 2004. 4. The statutory ground for divorce is irretrievable breakdown. 5. Plaintiffs counsel forwarded a Marital Settlement Agreement to Defendant on May 27, 2004. To date Defendant has not responded. 6. The action does not involve complex issues of law or fact. 7. The hearing is expected to take no more than one day. 8. Additional information, if any, relevant to the motion: None. Respectfully submitted, KNIGHT & ASSOCIATES, P.C. Sean M. Shultz, Esquire Attorney LD. No. 90946 1 I Roadway Drive, Suite B Carlisle, P\mnsylvania 17013 (717) 249-5373 Dated: July zS-: 2005 ~- Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff No. 2004-2107 In Divorce v. Civil Action - Law DAVID R. STERLING, Defendant CERTIFICATE OF SERVICE AND NOW, this Z.(P~day of July, 2005, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the Defendant with a copy of the foregoing Motion for Appointment of Master by first class, United States Mail, postage pre-paid, addressed as follows: David R. Sterling 840 Yverdon Drive Camp Hill, Pennsylvania 17011 Respectfully submitted, Dated: July 41i-. 2005 , Attorney for Plaintiff j~ !"".'> 0 (::::;::l i'.~.::l -n <J' i:.: .- N \.D ?":-:; --::.,," <::'"5 < 0 -< "'- - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff No. 2004-2107 In Divorce f v. Civil Action - Law DAVID R. STERLING, Defendant ORDER APPOINTING MASTER AND NOW, this_ day of ,2005, E. Robert Elicker, II, Esquire, is appointed master with respect to the following claim: Distribution of Property. By the Court: , J. F;\User Folder\Firm DocsIQendocs2005\343(}. hnotion,mastcr.wpd ..'y ~.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff No. 2004-2107 In Divorce v. Civil Action - Law DAVID R. STERLING, Defendant ORDER APPOINTING MASTER AND NOW, this /4fday of ~05' E. Robert Elicker, II, Esquire, is appointed master with respect to the following claim: Distribution of Property. ,J. F:\Vser FolderlFirm DoC.'l\Gend0CS2005\3430~ 1 motion.mastenvpd '(J :\;;8 9 S :2 IFld I - ;Jn~ SOOl r~"'l'(r,:,,"!'(",:,", ::H.L' ~o A'.J.'!!_ ,-,I ,.~), ,~;_'J'-"',~ -'I .:J :ni':!:XJ-'(!]ll:J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff v. CNIL ACTION - LAW NO. 2004-2:107 DAVID R. STERLING, Defendant IN DNORCE AFFIDAVIT OF CONSENT STATE OF PENNSYLVANIA ) : SS. ) COUNTY OF CUMBERLAND 1. 11, 2004. A Complaint in divorce under Section 3301( c) of the Divorce Code was filed on May 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service ofthe Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry ofthe Decree. 4. 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 prior to a Divorce Decree being handed down by the Court. 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., Section 4904 relating to unsworn falsification to authorities. Date: t I If . ,2005 ~'~ Linda Sterling Notarial Seal Dolly M. Housel, Notary Public South Middl9loo Twp.. Cumberland Counly My Commission Exoires Sept. 24, 2006 fv1ember DAnnSV"J::J'~'~'1~';'::;-l~":" nHJ,1t3riec 0 ....... ~ = c = '..-:::""" "'" ~:D --Oi:):i ;po mC1' c: 2.: ~:.~ : G") :8~ ze,' (})):;, U1 0 c./ . ~C) -0 ~::B ~,t:; :x zfil >c: 'i? ~ :z ~ :< 0 -< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff v. CIVIL ACTION - LAW NO. 2004-2107 DAVID R. STERLING, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &330HC) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorctl 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. S4904 relating to unsworn falsification to authorities. Date: ~} If) 1J5 ~J~g . Linda Sterling 1 <2 ? ~ ~ ~ G""> Q. i:J:l -ortJ _ :oi:? (J1 i~~\ ..", q.w, :t'- C:5 v:> .01 ::. ~ -IJ~>" ~"'t f;:::." (j) ~I_; _i( .' '=2c- ~:~:~.i :PC: ~ -<. o IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff v. CIVIL ACTION - LAW NO. 2004-2107 DAVID R. STERLING, Defendant IN DIVORCE AFFIDAVIT OF CONSENT COUNTY OF CUMBERLAND ) : SS. ) STATE OFPENNSYLVANlA 1. 11,2004. A Complaint in divorce under Section 330 I (c) ofthe Divorce Code was filed on May 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 ofa final Decree of Divorce after service of notice of intention to request entry of the Decree. 4. I have been advised ofthe availability of marriage counseling and understand that I may request that the Court require that my spouse and I participat(~ in counseling prior to a Divorce Decree being handed down by the Court. 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., Section 4904 relating to unsworn falsification to authorities. Date: ?l ~ U.. ,2005 c:::JL /~ g David R. Sterling Sworn to and subscribed before me this C:;'" "'" day of /t<< ~ .. .vr , 2005. ~. "C~-e-- (~ublic Fe\User Folder\Firm DoI:s\Gendoes2005\3430_1 aff,consenl. wpd COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A. Gordon, NotaJy Public Fairview Twp., YOI!< County My Commission Expires July 31, 2009 Member, Pennsylvania Association of Notaries C) ~>~ ;;'. ~ = <T' ~ c;"') W ( ,- :;;:" ~~~~ ""-:,, '-'-\ .-C - ~ ~:P n"\c;:. :So c><:) ~:_-,:: -::(~ (~() f5i"11 '::-~\ ~7 ~:Q '"'" ::r:. B <.J1 0' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA LINDA STERLING, Plaintiff v. CNIL ACTION - LAW NO. 2004-2107 DAVID R. STERLING, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER S330HC) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand thatImay lose rights concerning alimony, division of property, lawyer's fees or expenses in 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. 94904 relating to unsworn falsification to authorities. Date: oS/~1 05 r::::;p A-t David R. sterling ~ F:\User Folder\Fiml DocslGendocs2005\3430-1 waivef.notice,wpd '" = = "-'"' ". c:: (on <." ~ S".." nlp l)m .'.'.,J.<:;"J ""1 e) ;~..: :r.j ",::ie'S 6rn ~~ :XJ .< ~ r:-? U1 CT\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, No. 2004-2107 Plaintiff In Divorce v. Civil Action - Law DAVID R. STERLING, Defendant MOTION TO VACATE ORDER APPOINTING MASTER AND NOW, this 21" day of September, comes Linda Sterling, by and through her counsel, Sean M. Shultz, Esquire and hereby files the following Motion to Vacate Order Appointing Master and in support thereof avers as follows: 1. The Plaintiff is Linda Sterling who resides at 3618 Kohler Place, Apartment 2, Camp Hill, Pennsylvania. 2. The Defendant is David R. Sterling who resides at 309 Lewisberry Road, New Cumberland, Pennsylvania. 3. Plaintiff filed a Motion for Appointment of Master in the above-referenced matter on July 29,2005. 4. On August 1, 2005, an Order was issued appointing E. Robert Elicker, II, Esquire as master. A copy of the August 1,2005 Order is attached hereto as Exhibit "A". 5. Since the filing of the Motion for Appointment of Master the parties have come to an agreement regarding the distribution of their property and wish to finalize the divorce. WHEREFORE, Plaintiff requests that the August 1, 2005 Order Appointing Master be vacated for the reason that the parties have come to an Agreement in this matter. Respectfully submitted, Attorney for Plaintiff Exhibit "A" IN THE COURT OF COMM:ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff No. 2004-2107 In Divorce , v. J" Civil Action - Law DAVID R. STERLING, Defendant ORDER APPOINTING MASTER , t AND NOW, this E!.. day 0 ,2005, E. Robert Elicker, II, Esquire, is appointed master with respect to the following claim. Distribution of Property. F:\User Folder\Fum Docs\Gendocs200S\34JO-l motion.mastlel". wpd IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LINDA STERLING, Plaintiff No. 2004-2107 In Divorce v. Civil Action - Law DAVID R. STERLING, Defendant CERTIFICATE OF SERVICE AND NOW, this l \~ day of September, 2005, I, Sean M. Shultz, Esquire, hereby certify that I have this day served the Defendant with a copy of the foregoing Motion to Vacate Order Appointing Master by first class, United States Mail, postage pre-paid, addressed as follows: David R. Sterling 840 Yverdon Drive Camp Hill, Pennsylvania 17011 Respectfully submitted, KNIGHT & ASSOCIATES, P.C. M. Shultz, Esquire Attorney J.D. No. 90946 11 Roadway Drive, Suite B Carlisle, Pennsylvania 17013 (717) 249-5373 Attorney for Plaintiff (") , ,.;.;--.. _D( :;"'-'.,:; (iJ r; >. ..,,>>\.- 5~.C"J C. 2"' ..i -<. ....., = => <.n en n '" N N o " ~ :r rl1:JJ r.' -urn :rJ(:.J ~~l C-, ~'lj "I" ~~~~] C:)fTl :~ ::0 -< -0 ::.:L ry W -I ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RECEIVED OCT 05 2005 (i' LINDA STERLING, Plaintiff No. 2004-2107 In Divorce v. Civil Action - Law DAVID R. STERLING, Defendant ORDER APPOINTING MASTER ~ 'It-- A1~_ AND NOW, this ~ day of Uf.:L,,-~005, the August I, 2005 Order Appointing Master in the above-captioned matter is hereby vacated. By the Court: , J. F:\User Folder\Finn DocsIGendocs2005\3430-lmotion,vacate.wpd -::. ,:,'.,," !('{) 82 :0\ H'.j ~,- 1:}O ~U\lZ iHV10,,,,;,U.C::'d 31-\1 .:lO 38U:\C)-C)31\j //~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY ST )\TE OF PENNA. LINDA STERLING, No. 2004-2107 Pl~inHff VERSUS DAVID R. STERLING, r:efendant DECREE IN DIVORCE AND NOW, ~b,..c.... /q" , -Zllil5.._, IT IS ORDERED AND DECREED THAT LINDA STERLING , PLAI NTI FF, AND DAVID R. STERLING , 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; AlaNl ATTEST' J. j!~, PROTHONOTARY - *;7 /?~w /~~ _ Ii?, Ie" - v/ ~? ft~~ ~ ~w4/ /717 ~, Ie ,//