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HomeMy WebLinkAbout04-2694 ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION - LAW ~ NO. 04 - ;),/P'iY C,U[ I~ IN DIVORCE v. MARTHA R. STROBLE, NOTICE TO DEFEND AND CLAIM RIGHTS TO: Martha R. Stroble 150 Springfield Road Shippensbnrg, P A 17257 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. Yon may lose money or property or other rights important to you. 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 at the Cumberland County Courthouse, 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 COlUlty Bar Association 32 South Bedford Street Carlisle, P A 17013 1 (800) 990-9108 305630-1 ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Defendant CIVIL ACTION - LAW NO. 0'1 - ~I.CN C/{~i.L '-r-~ IN DIVORCE v. MARTHA R. STROBLE, COMPLAINT IN DIVORCE UNDER & 3301 OF THE DIVORCE CODE 1. The Plaintiff, Robert N. Stroble, Jr., is an adult individual currently residing at 504 Merrimac Avenue, Harrisburg, Dauphin County, Pennsylvania, 17109. 2. The Defendant, Martha R. Stroble, is an adult individual currently residing at 150 Springfield Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately prior to the filing ofthis Complaint. 4. Plaintiff and Defendant were married on July 13,1991 in Franklin County, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provision of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 305630-1 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. 8. Plaintiff avers that there are no children born of this marriage. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The averments of Paragraphs I through 8 hereof are incorporated herein by reference. 10. The marriage of the parties is irretrievably broken. II. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, ifboth parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to S 3301(c) ofthe Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE 12. The averments of Paragraphs I through II hereof are incorporated herein by reference. 13. The marriage ofthe parties is irretrievably broken. 305630-1 14. The parties are living separate and apart; and at the appropriate time, Plaintiffwill submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in S 330l(d) ofthe Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to S 330l(d) of the Divorce Code. COUNT III EQUITABLE DISTRIBUTION 15. The averments of Paragraphs 1 through 14 hereof are incorporated herein by reference. 16. During the marriage the parties acquired marital property, assets and debts which Plaintiff requests the court equitably distribute and assign. WHEREFORE, Plaintiffrequests that this Court enter a decree in divorce, enter an Order equitably distributing marital property, and enter such other Orders as are appropriate and just. METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By ~) Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: G-~-\f-'I 305630-/ ". VERIFICATION I, Robert N. Stroble, Jr., hereby certify that the facts set forth in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief, and that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 94904 relating to unsworn falsification to authorities. !?jn~ Robert N. Stroble, Jr. Date: S/pI.~y 305630-1 ~~ "-J --- ~ ~ Cr} - >-J ~l ( -G;o.. ~ ~ ::c -- ~ D D D . . . '"' D U( () D () I I ~- ~~ J:- "-> ~ g;~ ~- r- ~ c..) C~,) W o -n ',~;::: ::;-' iii?"l ~-- ;g 2J (),ll ._1_~:W. ..[1 __, ::-1:: ';:2 CC'j ,<--.;n 9 ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. 04-2694 CNIL TERM MARTHA R. STROBLE, Defendant IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under S3301(c) ofthe Divorce Code was filed on June 14, 2004, and served upon Defendant on .Tune 26, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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 any false statements herein are made subject to the penalties of 18 Pa.C.S., S 4904, relating to unsworn falsification to authorities. Dated: I Z/o 3 /0'1' ~?f~fl- 315928-1 >. l -.(" . ~; o vuQ"~ lJl ' ,\i, o C' .....;) <.:::::> ~ ~- ,..." ~fl --I ,~ fi'i :::r:; ,-- -Qrn :00 '::J ' .-10 ~~ -<: o rr"1 ("") I -l -'0 _...w ............ <"'1 ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 04-2694 CIVIL TERM MARTHA R. STROBLE, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE 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 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. ~4904 relating to unsworn falsification to authorities. Dated: /.2/03/;;'1 ~t~~A 315928-1 0 r--..> 0 = C c::;, ''1"1 ~-- 0 "-; :r: -,..., if' r"q '11-'" CJ :_- h1 I -HD -.J "~f ~~~ -'n -1"1 ~:: ,:'j I, ['il (~ :~ c.n f'.) 11...... ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. 04-2694 CNIL TERM MARTHA R. STROBLE, Defendant IN DNORCE AFFIDAVIT OF SERVIC]~ I, Andrew e. Spears, Esquire, counsel for Plaintiff, Robert N. Stroble, Jr., in the above-captioned action, hereby certify that a true and correct copy ofthe Complaint in Divorce was served upon Defendant, Martha R. Stroble, via regular mail and certified, return receipt, restricted mail on June 26, 2004. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is the return receipt card for said service. METZGER, WICKERSHAM, KNAUSS & ERB, p.e. By ~c:~~ J Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, P A 1711 0-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ~ EJ 317132-1 ., (") "" c: S c: J: c: :-00 I '"'I" n c;-, DJ I - J> r c... r:: l) -""- -c ~~~ 0 ::k ):"; 0 c: Z =< ~ ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. 04-2694 CNIL TERM MARTHA R. STROBLE, Defendant IN DNORCE AFFIDAVIT OF CONSENl: 1. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on June 14, 2004, and served upon Defendant on June 26, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) 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. I verify that the statements made in this Affidavit are true and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., 94904, relating to unsworn falsification to authorities. Dated: /J.,1 y - () '-I ~~~ j(J.~j- Mart a R. Stroble 315928-1 (') ~.: ::1-: {t": It! ,- ;? ~ I, '~'i'" .~;;" ~9'.' 1~t: ~: ~ I'.;) c-.;:t = ..;;:- o P" CJ o "Tl --I :-C'l nlrc,': -om :;")0 ,,-..... 1 ::::::;0 "'T" ""1~l ~~; ~i; "'-1 ~~ _...~ ' -< w w ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CNIL ACTION - LAW NO. 04-2694 CNIL TERM MARTHA R. STROBLE, Defendant IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE 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 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 Fa.e.S. ~4904 relating to unsworn falsification to authorities. Dated: J J - :J Y - tJ Lf M~~~~bl;' .~L; 315928-1 Q (;;: ~t-;'~l ri-' ,': ...:;' tj;, ,I -<. '--:- ~'. -... ~~~ 17: r- J\.... ......, = c::::> .s.- C? P" ("""? (~) -n --I -1- _,_ hi,:'.: ---,i"n ~::~ ~~ ,- : ~ .-. i 1 :';~ ~~;) ;..,\rn :."j "I'. ~ w -';"') _\, (....~ ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PL S OF CUMBERLAND COUNTY, PENNS L VANIA v. CNIL ACTION - LAW NO. 04-2694 CNIL TERM MARTHAR. STROBLE, Defendant IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under !l3301(c) of the Divorce Code was filed on J e 14, 2004, and served upon Defendant on June 26, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (9 ) 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 In to Request Entry of the Decree. I verify that the statements made in this Affidavit are tme and correct. I lmderstand t t any false statements herein are made subject to the penalties of 18 Pa.e.S., !l 4904, relating to un worn falsification to authorities. Dated: /J.::i;1 - t! 'I ....lla- Mart a R. Stroble 315928-1 n c,. C) -n r::~:; r,", C'") Ct,) c..) ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PL S OF CUMBERLAND COUNTY, PENNS LV ANIA v. CNIL ACTION - LAW NO. 04-2694 CNIL TERM MARTHA R. STROBLE, Defendant IN DNORCE W AlVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE 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 pr perty, 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 th Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonot I verify that the statements made in this Affidavit are true and correct. I underst false statements herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to un worn falsification to authorities. Dated: II' ,;I Y - LJ '-I 315928-1 'f t'A' n ,'..' 0) ,. I (, ..~ '" , .. ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PLE S OF CUMBERLAND COUNTY, PENNS LV ANlA v. CIVIL ACTION - LAW NO. 04-2694 CIVIL TERM MARTHA R. STROBLE, Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff, Robert N. Stroble, Jr., in the above-captioned action, hereby certify that a true and correct copy of the Complaint in Div rce was served upon Defendant, Martha R. Stroble, via regular mail and certified, return receip , restricted mail on June 26, 2004. Attached hereto, marked as Exhibit "A", and incorporate herein by reference is the return receipt card for said service. METZGER, WICKERSHAM, KNAUSS & ERB, P. . By Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff Dated: ~ 3!7132.J " SENDfPc,r,lflf"ITI-f. I' ~ . Complete nems 1, 2, and 3. Also complete ~em 4 ~ Restricted Delivery is desired. . Print your name and address on the reverse 80 that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front II space permits. 1. Artlcle Addressed to: ~I<.~ I~o tu-. ,fit /7;;(5} 2. _ Number m...-fromS8fViCetat. PS Form 3811 , August 2001 Exhibit A A Signature x o Agent 0_ C'fJa;a.~ D. Is,dellvery address different from Item 11 0 Yes If YES, enter delivery add~ below: 0 No . 3. ~=M.II O~M.II o Raglaterad ~um ReceIpt for_ o In.urad Mail 0 C.O.D. 4. Fl .8..~-7'~,.., 7002 3150 0006 7724 8202 DomasIk: Reuwn Raoelpl 1C2S95-02-M-1540 - - ',. ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PL S OF CUMBERLAND COUNTY, PENNS L VANIA v. CNIL ACTION - LAW NO, 04-2694 CNIL TERM MARTHA R. STROBLE, Defendant IN DNORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following infonnation, to the Court for try 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 Complaint: A Complaint in Divorce was ed on June 14,2004, and served on Defendant on June 26,2004, via certified mail, return receipt requested. An Affidavit of Service was filed on December 13, 2004. 3. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiffs and Defendant's Affidavits of C nsent required by Section 330 1 (c) ofthe Divorce Code: Plaintiff: Defendant: December 3, 2004; filed December 7, 2004 November 28, 2004; filed December 13,2004 (b)(l) Date of execution of Plaintiffs Affidavit required by Section 3301(d) fthe Divorce Code: NA (2) Date of filing and service of the Plaintiffs Affidavit upon the responde t: Filing: NA Service: NA 4. Complete the appropriate paragraphs: (a) Related claims pending: None (b) Claims withdrawn: None 317128-1 .. - Dated: 317J28-1 (c) Claims settled by agreement of the parties: All (d) State whether any written agreement is to be incorporated into the Di orce Decree: None. 5. (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached, if the Decree is to be e ered under Section 3301(d)(I)(i) of the Divorce Code: Service: NA (b) Date Plaintiff's Waiver of Notice in g3301(c) Divorce was filed with e Prothonotary: December 7, 2004 Date Defendant's Waiver of Notice in g3301(c) Divorce was filed wit the Prothonotary: December 13, 2004 METZGER, WICKERSHAM, KNAUSS & ERE, P. By Andrew C. Spears, Esquire Attorney J.D. No. 87737 P.O. Box 5300 Harrisburg, P A 17110-0300 (717) 238-8187 Attorneys for Plaintiff \- 1-0") ROBERT N. STROBLE, JR., Plaintiff IN THE COURT OF COMMON PL S OF CUMBERLAND COUNTY, PENNS LV ANIA v. CNIL ACTION - LAW NO. 04-2694 CNIL TERM MARTHA R. STROBLE, Defendant IN DNORCE CERTIFICATE OF SERVICE AND NOW, this 1~ day of January, 2005, I, Andrew C. Spears, Esquire, of Wickersham, Knauss & Erb, P.e., attorneys for Plaintiff, Robert N. Stroble, Jr., hereby certif served a copy of the Praecipe to Transmit Record this day by depositing the same in the States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: H. Anthony Adams, Esquire 49 West Orange Street, Suite 3 Shippensburg, PA 17257 METZGER, WICKERSHAM, KNAUSS & ERE, P.C. By: G~ ~ Andrew C:-Spears 317128./ ('; .-\ ~ o \" <;:........ ~.:;c--' c) " ...-i '" cD- - ---- ~ Of+' "''+i,.,:t; . . . +:+:;f::f. :f.'fOf:f. i+.+: +:+:~+:T.++: +:+;f:+:+:+.+:+:+: 'f+: ~ 'f.+: +:'f: + 'f;f:+: +:+: +:'l' 'f + 'l' + +::!c +::fiT .. IN THE COURT OF COMMON PLEA . . . . . . . . . . . . +. OFCUMBERLANDCOUNTY PENNA. STATE OF ROBERT N. STROBLE, JR., +. +. +. +. . No. 04-2694 CIVIL TERM Plaintiff VERSUS +. . +. . +. +. . +. . . . +. . . +. +. +. +. . +. +. . . . . . . . . . +. . MARTHA R. STROBLE, Defendant DECREE IN DIVORCE f-U""J /r , 2005 , IT IS ORDERE AND NOW, ROBERT N. STROBLE, JR., , PLAINTIFF, DECREED THAT MARTHA R. STROBLE , DEFENDAN , . . . . +. . +. . . +. . . . +. . . . +. . AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,.,:+:,., +: i' i' + +: ++ +. . . . +. . . . . . +. . AND . +. . +. . +. . . . . . . . . . . . . . +. . . . +. . +. . +. . . +. . . . +. . . . . +. . +. . . . . +. . +. ++++++.++. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE PROTHONOT RY BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HA YET BEEN ENTERED; -rIV{. . . . . . +. . . . . +. . +. . . . . . . . . . . +. . . ++",,++++'1'+'1' +.++.i'++:++++ +++.+:+ ++++ +i'+.'f++i'+++'f++: ++:+++:++++:+ ++:++++++,., NOT . . +. . +. +. . +. +. +. +. . +. +. +. +. +. +. +. . +. . +. +. . +. +. . +. . . . . +. . . . . . . J. ~ .tf!;.27 :7 ~?Y"'/ "reA .5Cl (:'1.( ,/7p+ r $' ~7:.7I-';/ ?!-4707 -r9 .5(/' ~I / .