The URL can be used to link to this page

Home My WebLink About04-2976HELEN V. STONE, vs. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA Civil Term No. Oq/ Z4nj JOHN E. STONE, JR., Defendant ACTION 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 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. Where 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 Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 HELEN V. STONE, VS. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY. PENNSYLVANIA JOHN E. STONE, JR., Defendant No. 014- RT7,16 Civil Term ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Helen V. Stone, a competent adult individual, who has resided at 106 E. North Street, Carlisle, Cumberland County, Pennsylvania, since 2002. 2. Defendant is John E. Stone, Jr., a competent adult individual, who resides at 336 E. St., Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 14, 2002 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. I verify that the statements made in this Complaint 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. / *IJ- Helen V. Stone, Plaintiff Respectfully submitted, Date: l!1 311J ?' anAdams, Esquire W. No. 79465 36 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF r ?) ? ?v ?? ? ? ?; w ? C =- ? ? ? HELEN V. STONE, Plaintiff V. JOHN E. STONE, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-2976 CIVIL TERM IN DIVORCE EMERGENCY PETITION FOR SPECIAL RELIEF AND NOW, comes John E. Stone, Jr., by and through his private counsel, Karl E. Rominger, Esquire and asks this Court for Special Relief pursuant to the Divorce Code and avers as follows: 1. The divorce was filed on June 25, 2004. 2. The PFA at Docket No.: 04-176 was heard at the Cumberland County Court of Common Pleas and an Order was entered on June 16, 2004, a copy of which is attached as Exhibit "A" 3. The said Order gave use of a marital truck to Defendant for one week to attempt to obtain refinancing, but he was unable to do so. 4. During the marriage Defendant, John Stone wholly owned a vehicle, which was used in part to trade for the collateral on the purchase of his and her pickup trucks. 5. Thus, the two (2) pickup trucks are at least clearly marital property, as they were purchased within the term of the marriage, and arguably some of the equity flows directly from property brought by Husband to the marriage. 6. Husband is a self-employed handyman, and needs the truck for work. 7. Husband is willing to pay the monthly payments, maintain insurance and do all other matters involving the truck which would be exclusive to his use, but at this time the title is solely in wife's name. 8. Additionally, husband has advertisements with (and other prior customers have) his original business number of 249-5741, which was also the number of the marital residence. 9. Wife continues to reside in the home with that number, and Defendant has discovered that his new forwarding number is not always given to prospective business inquires. 10. Defendant's new business number is 226-0221. 11. Defendant would like Plaintiff to be required to leave his new number on any answering machine or device, and further, to instruct all persons who answer the telephone to give the new number for John Stone for at least the next six (6) months while he changes over his advertising. 12. Failure to grant these above requests will irreparably harm Defendant, and immediate relief is required. WHEREFORE, Defendant respectfully requests that this Honorable Court grant his Petition for Special Relief and Order as follows; 1. That Plaintiff return the pickup truck originally designated for his use, so long as he continues to pay on the truck loan, maintains the insurance and the like and; 2. That for six (6) months Plaintiff keep a message on her answering machine indicating the new business number of 226-0221 for contacting John Stone, and that all persons who answer the telephone which rings at 249-5741 be instructed and carry out giving all perspective business inquires and all people asking for John Stone the aforementioned new number. Date: Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant HELEN V. STONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2976 CIVIL TERM JOHN E. STONE, JR., Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, attorney for Defendant, do hereby certify that I this day served a copy of the Emergency Petition for Special Relief upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Jane Adams, Esquire 36 South Pitt Street Carlisle, PA 17013 Dated: 111/ C/ Respectfully submitted, ROMINGER, BAYLEY & WHARE Karl E. Rominger, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Defendant n c .? HELEN V. STONE, VS. : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA JOHN E. STONE, JR., Defendant No. 04 - 2976 Civil Term ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this July 6, 2004, I, Jane Adams, Esquire, hereby certify that on June 30, 2004, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT IN DIVORCE were served, via certified mail, return receipt requested, addressed. to: John E. Stone, Jr. 336 E. St. Carlisle, Pa. 17013 DEFENDANT D6S darns, Esquire o. 79465 uth Pitt Stre et le, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF O it'l LlJ C. ni t'- - T is O ''. ? C ) G <' co R MWIPIOCOI C),Z • ur CI Agent A. Sig ? AddMRIV- X pa f d Name) l!O 0, ceived by (Pnnta 3 S. ? Yes p. Is address different from item ?? ? No dell address below: If y YES ES, enter delivery c I k 3. Service Type 0 EIPress Mall a Gartifled Mall Return Seca Registered sured Mail 0 C.OA ? In 4 Restricted Delivery? (Extra Fee) 4 7818 665 7663 10? ?0 ozsesAZ-M,s+o r. Domestic Return Receipt UNITED STATES POSTAL SERM Sender: Please )RGF address, J4NE A7 ORNEYDAT L W CARLISLE PA R? 13 lnrl%lrrr%%`jrrrerl(er%lrrr%lur%rlrr%rlrltjt/t%rr%e irr irr%tl JUL 0 S 2004 HELEN V. STONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 04-2976 CIVIL TERM JOHN E. STONE, JR., Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of , 2004, inconsideration of the within Emergency Petition for Special Relief a hearing will be held on the day of ?. a IM 0.! w/ 2004, in Courtroom # , a93 0 clock Am. at the Cumberland County Courthouse in Carlisle, Pennsylvania. J. Distribution: Karl E. Rominger, Esquire ( (31 Jane Adams, Esquire ? c N ? o - r TT = trl r -_ ?)Ga l0 HELEN V. STONE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS JOHN E. STONE, JR., Defendant NO. 04-2976 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, 15th day of July, 2004, after hearing, the petition for special relief is granted in part and denied in part. Plaintiff is directed to forward all calls made to the home number in connection with the Defendant's business to Defendant's new business number. Plaintiff is further prohibited from doing anything to discourage or prevent prospective clients or current clients from doing business with the Defendant. The Defendant is given up to 45 days to arrange for financing and insurance on the 2000 Dodge Ram 2500 truck. Upon payment in full of the encumberance on said vehicle and Defendant's reimbursement to Plaintiff for any payments made on the truck from the payment due in June through to the time of transfer, Plaintiff shall transfer the truck to the Defendant. In all other respects, the petition for special relief is denied. Edward E. Guido, J. Jane Adams, Esquire For the Plaintiff Michael Whare, Esquire For the Defendant mlc 0 It A 7?1 = I .'d 9 i -nr hvIC? J+1L?V`U? ?i.i HELEN V. STONE, VS. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : No. 2004 - 2976 Civil Term JOHN E. STONE, JR. Defendant ACTION IN DIVORCE PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: AND NOW, this day of , 2007, please mark the above-captioned case discontinued and ended, as Defendant is deceased. Respectfully Submitted, Date: ?y J e Adams, Esquire South Pitt St. arlisle, Pa. 17013. (717) 2450-8508 ATTORNEY FOR PLAINTIFF -n t+tfc. ? rvl - 0 Cf) li. L P _ W