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Home My WebLink About09-6820Joy Stoneberger, Plaintiff V. Earl Linwood Stoneberger, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 09- yao CIVIL TERM 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 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. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 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. JOY STONEBERGER, Plaintiff V. EARL LINWOOD STONEBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 09- CIVIL TERM DIVORCE COMPLAINT The plaintiff, Joy Stoneberger, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa C S P§3301(a) (5), 3301 (a) (6) 3301 (c) OR 3301(d) 1. Plaintiff is Joy Stoneberger, who currently resides at 503 Chestnut Street, Mount Holly Springs, Cumberland County, Pennsylvania 17065, since January 2009. 2. Defendant is Earl Linwood Stoneberger, who currently is incarcerated at Cumberland County Prison, 1101 Claremont Rd, Cumberland County, PA 17015, since on or about January 15, 2009. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 23, 2007, at Newville, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since on or about January 11, 2009. 6. Defendant is currently incarcerated and has pled guilty to a Count IV consolidated count of sexual assault (Felony 2nd Degree) with the condition that he would serve no less than three and half years and no more than seven years. Defendant's sentencing hearing is scheduled for November 20, 2009. 7. Defendant has offered such indignities to the innocent and injured Plaintiff spouse as to render that spouse's condition intolerable and life burdensome. 8. 9 10. There have been no prior actions for divorce or for annulment between the parties. The marriage is irretrievably broken. 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 decree of divorce. Dated: 10113, /' -?o 0 7 Edward W. Chase Certified Legal Intern 4 4W_ ROB . RAINS 7 OE THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand that making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date /d ?3 aGV? _ Plaintif y toneberger d id l:': I V 2009 0+C T 13 Ptj 4 08 ?vrd, I Joy Stoneberger, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Earl Linwood Stoneberger, Defendant : NO. 09-!(f;0 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow , , Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date ?d ll a o a-r ?2? Edward W. Chase Certified Legal Intern 67(4rk__ RA-7ROBE .kAINS THOMA M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 717-243-3639 0 : terry- 1? 2009 OCT 13 Pp1 4: 08 f ? ? t'11 i 1' Joy Stoneberger, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE Earl Linwood Stoneberger, Defendant NO. 09-6820 CIVIL TERM AFFIDAVIT OF SERVICE I, Thomas Haley, hereby certify that I personally served a true and correct copy of the Divorce Complaint, on Earl Linwood Stoneberger, at: Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17015, at Drn. on zo "'7 OF I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: 10- ,;&- ? -1L a »wKr M*M 17 PHIttI "t,YiU OtMAY Joy Stoneberger , IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE Earl Linwood Stoneberger, Defendant NO. 09-6820 CIVIL TERM CERTIFICATE OF SERVICE I, Edward W. Chase, Certified Legal Intern, Family Law Clinic, hereby certify that I am serving on this date'the foregoing Affidavit of Service on the above named Defendant, Earl Linwood Stoneberger, via first class mail, postage prepaid to Cumberland County Prison, 1101 Claremont Road, Carlisle, PA 17015-8882. Edward W. Chase Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Plaintiff Joy Stoneberger Plaintiff V. Earl Linwood Stoneberger, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - Divorce DOCKET # 09-6820 PRAECIPE TO FILE AFFIDAVIT OF SERVICE To the Prothonotary: Please file the attached Affidavit of Service in the above-captioned matter. dward W. Chase Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Counsel for Plaintiff November 17, 2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Joy Stoneberger V. Earl Stoneberger NO. 09-6820 DIVORCE DECREE AND NOW, f ebfV~rv ~.~ , ~~ , it is ordered and decreed that Joy Stoneberger plaintiff, and Earl Stoneberger 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 By the Court, A t: J. ' ~ Prothonotary -fir ~1~ ~~ ~-