Loading...
HomeMy WebLinkAbout12-6607DONALD RUTZ IN THE COURT OF COMIVION PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. /a-~i~O07CIVIL AC"hIC1N- LAW I)I~:BRA J. JOHNSON, n/kJa/ ~"~ ~~ `~ DEBORAH RUTZ, n/k/a, -p -s. w -+ DEBORAH HARBERT xcn c°~ ~r_' Defendant c~ ~ ~ ~°'~' ~ ~~ ~ -t ~ .~- c~ --r <~ ~ ~ c~ PETITION TO ANNUL VOID MARRIAGE ~ ° w ~~ PURSUANT TO 23 Pa.C.S.A. X3304 _`~ .~- y~ / ~~ Id~ NORM comes DONALD RUTZ, by and through his counsel, Marylou Matas, Esquire of Sardis, Sullivan & Rogers, and presents this Petition to Annul a Void Marria<~e. Pursuant to23 Pa.C.S..A. §3304, representing as follows: 1. Petitioner is Donald Rutz, an adult individual who resides at 23 Ridge P,~~enue. Carlisle, Pennsylvania, 17013. ?. Respondent is Debra J. Johnson, an adult individual whose last known address is 12370 Joshua Road, Victorville, California, 92392. 3. Petitioner and Respondent were married on May ] 1. 1992 in Colton. California. A copy of their marriage license is attached as Exhibit A. 4. The parties separated in July 1992. 5. In 1993, Petitioner discovered that Respondent's divorce from her first Law Offices of SaiClis husband, Trevor Harbert was not finalized until ,July 9, 1992, after the parties ~~ere married Sullivan and had separated. Respondent's divorce decree is attached as Exhibit B. & Rogers zc wzs~ Fi~~h s~re~~~ (,. Petitioner attempted to file for divorce in San Bernardino County but was Carlisle. PH 1'01.' informed by the Clerk of Courts that it was not necessary because Petitioner and Respondent were not Legally married. 7. Relying on that information, Petitioner moved to Pennsylvania in 1994 ~+~333'~l ~~ ithol-t purs-.-ing a legal divorce from Respondent in California at that time. 8. Petitioner married his current wife in Cwnberland County, Pennsylvania on F'ehruarv 18. 1995. Petitioner's marriage certificate is attached hereto as Cxhibit C. 9. As part of Petitioner's employment with the Department of Defense, he is required to pass certain security clearances. 10. Recently, while going through a security clearance, it was determined that he ~ti~as still considered married to Respondent. 1 1. Pursuant to 23 Pa.C.S.A. ~3304(a), "where there has been no confirmation by cohabitation following the removal of an impediment, the supposed or alleged marriage of a person shall be deemed void in the following cases: (1) Where either parry at the time of such marriage had an existing spouse and the former marriage had not been annulled nor had there been a divorce..." 12. Pursuant to 2 3 Pa.C.S.A. §3304(b): Procedures. "In all cases of marriages which are void, the marriage may be annulled as set forth in section 3303 (relating to annulment of void and voidable marriages or its invalidity may be declared in any collateral proceeding." 13. When the parties married on May 11, 1992, Respondent wras still validly married to her first husband, Trevor Harbert. Law Offices of Saidis 14. After the divorce was final between Respondent and her first husband on July Sullivan y l yy2, petitioner and Respondent had already separated and were not cohal7itating. & Rogers `~ we~~ H'gh s"ee` 15. Petitioner and Respondent have not ever cohabited since the date of their Carlisle, PA l'Ol ~ !~ separation in Yuly 1992, despite the divorce between Respondent and her first husband. 16. Petitioner requests this Court to find his marriage to Petitioner ~~oid at the date of its inception. 17. Petitioner is concerned that without this finding; of annulment as of the date of tl-le ~-•oid marriage that he and his current wife will face difficulties with regan:I to retirement, insurance and estate planning issues. 18. Petitioner believes that Respondent has remarried, after her divorce from Mr. ~ Harbert in 1992. 19. No Judge has been assigned to this matter. 20. At the time of filing, Petitioner lhas had no response from Respondent in regards to her concurrence. WHEREFORE, Petitioner requests that the Court declare hi~~~ marriage to Respondent void as of May 11, 1992, pursuant to 23 Pa.C.S.A. X3304 and annul their marriage . Respectfully submitted, SAIDIS, SULLP/AN& ROGI~:RS Law Offices of Sa.idis Sullivan & Rogers 26 Wesr High Screet I Carlisle, PA 1073 fr Mar~I©u ~atas, Esquire r Attorney ID No. ,84919 26 ~1/est High Street Carlisle, Pennsylvania 17013 (7l ~') 243-6222 DC)NALD RUTZ Plaintiff vs. DEBRA J. JOHNSON, n/k/a/ DEBORAH RUTZ, n/k/a, DEBORAH HARBERT Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY., PENNSYLVANIA I NO. CIVIL ACTION- LAW CERTIFICATE GF SERVICE AND NOW, this ~~~~ day of rC~vl~~, 2012, I, Marylou Matas. Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Petition to Annul a Void Marriage Pursuant to 2?'~ Pa.C.S.A. §~t304 as Counsel of Record by first class, United States Mail, postage pre-paid, addressed as follows: Debra J. Johnson 12370 Joshua Road Victorville, CA 92392 Law offices of Saidis Respectfully submitted, SA[DIS, SULLI'VAN & ROGI:RS ~. ~,, / ~~1, f,'l. a r, i ~ ~,i; ~, t~ t ,r. Ma~yl Mat ,Esquire Attorney ID N`o. 84919 26 West High Street Carlisle, Pennsylvania 17013 (71,7)243-6222 Sullivan & Rogers _'.G West High Street ~' Carlisle 1'a i?Q(3 DONALD kLTTZ Plaintiff vs. DEBRA J. JOHNSON, n/k/a/ DEBORAH RUTZ, n/k/a, DEBORAH =~~ ~.~~~ ~~~ "~ ` Defendant ~~~' ~~ ~: IN THE COURT OF COMMON PI:,EAS OF CUMBERLAND COUNTY. PENNSYLVANIA NO. CIVIL ACTION-- LAW VERIFICATION The foregoing Motion is true and correct to the best aFmy knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unsworn falsification to authorities. Date: IC~I~/ ~ ~, ./°~".~~~°"'_..,... Donald .utz, Petitioner Law Offices of Saidis Sullivan & Rogers ?6 Wesr High Screec (:arlisle. PA ]70]3 LICENSE AND CERTIFICATE OF CONFIDENTI~`.. tk~iARRIAGE 59233UQ1~1`~ 0 4 7 9 2 STATE FIi.F_ NUMBEF, LOCAL REGISTRATION NUMBEF: ~- 1F. NAME OF Hl15BANC~-Flt st (Gwen) I 1B MIDDLE 7C. LAST (FAMILY) " DONALD I LEE RUTZ HUSBAND ~,~ STATE Of- BIRTH 4 NUMBER OF PREVIOUS 5A LAST MARRIAGE ENDED BY AGES O PERSONAL Pq DATA 6A USUAL OCCUPATION 68 USUAL KIND OF BUSINESS OR MAINTENANCE ANALYST I U. S. AIR FORCE I i Ii:,ENSE. NUMBER 2 GATE DF BIRTH--Month, Gay, Veer APR. 24, 1965 T 5i:i DATE--Month. Day. Year -- I .__ DEATH ,~1 DISSOLUTION D ANNULMENT _ I _ STFlY 7. EDUGPTION--YEARS COMPLETED 12 HA FULL NAME OF FATHER BB. STATE OF BIRTH 9A. FULL MAIDEN NAME: OF MOTHER 9B STATE OF BIRTH DORIS JEAN SHATTO ' PA LEON FRANCIS RUTZ II PA 10A NAME 01= WIFE-Fuss (Given) I LOB. MIDDLE 10C CURRENT LAST (FAMILY) tOD MAIDEN I_A5T (FAMILY) IF DIFFERS N7 i I JOHNSON __THAN tc; I DEBRA JEAN _ -__ - I 11 DATE OF BIRTH- 12. STATE OF BIRTH 13. NUMBER OF PREVIOUS 14A,. LAST MARRIAGE ENDED BY. '4B. DATE--Month, Day. Year W I F E F- ----- I __ PERSONAL I Mo IhhDay, Veal MARRIAGES -- Q('^'n h9 , 19b5 CA ~ O DEATH ^ DISSOLUTION ^ ANNC1LMEfi~T~- DATA - t6 EDLIC:ATION-YEARS COMPLETEO I 15n. 115UAL OCCUPATIpN 15B. USUAL KIND OF BUSINESS OR INDUSTRY MANAGER i BIRD FARM 11 t7A FULL NAME OF FATHER 178. STATE OF BIRTH IBA FULL MAIDEN NAIdE OF MOTHEF 188. STATE OF BIRTH -- ~ DOROTHY IR.EPIE JAFFIEI,D Mi ELMER TY.'vi~iAS .70:~3NSOP: iii,. I I 1pL RFSIDEhf:[_- ~.1.uc1 ynr N.~n•no, I .~ir :'.ITS.' ~ ._`~.. .'..^ :::.-.. ~ ~a... ....vi:T':"-_:.i.., e,.:e fni:i~, n,n, E:nor .~iin,e RESIDENCE 23833 WHITTIER 1ST. IICOLTON II 92329 RIVERSIDE I _ OF HUSBAND 20~ MAILING ADDRESS-It Ditterent 1208. CITY 1200 ZIP CODE 120D COUNTY--Oursine Geldornia, Enter Stele AND WIFE I __ I -- I -- __ I I I We the undere.lgn ed declare that we are en unmerned men end en unmarred women, not minors, and have bean living logather as husband and wile end Ihel the lorepomg inlormelion is True and correct to the best o1 ow knowledge end beliel, Ihel no legal obleclion to the mernepe nor to the issuance of a Ncense is known Iu us, and hereby apply for a Lic bb'9n~'>+aa"'s' I Genlhcele of Gonhdenhel Mernape ---'-- AFFIDAVIT 21 S~ IGNATURE OF HUSBAND 24:ySIGNATURE OF WVFE ~ 1 ~ tW I the undersigned, empoweretl by the laws of the Slate of Ca Gtornia, do hereby certlty Ihet the above-named parLes to be marked have personally ap~ee beior me, proved to me on the bes)iatN~s~MSrewoM ardent e, have declared or etlumed Ihet Ihey meet all the requirements of the law, and the lees prescribed by law having been paid, do hereby authorize syid parGe to he marned pursuenl to Section 4213, Civil Gode OR that this license was issued to the person performing the ceremony upon that person's presentation of an elhdevit slgne:d by the person end the parties tq bb nail duf: to the inabilily of one or both of the parhes to be marned to hysically a ear. The: ellydevil ex rains IM3 reason for inabilily to appear in accordance wrth Section 4213.1, Civil Gode. ~J __ _ __ i 23A. SIGNATURE AN LE F IS LNG CLERK _ 24A. AFFIX NOTARY SEAL (If Applicable) '~?aB. "SUBSCRIBED AND SWORN TO t ~ ;-) C ±- ~, I BEFORE ME ON 23=8-COUNTY OF ISSU[ (r C MAILING ADDRESS AND ZIP CODE < L~;~; OFFICIAL SE~ _ May 11 1992 ; ,~~~, ~--' 34%'0 12th 5-kree t Pl1EF.~i~.iir RIUERSIDcy CH ~~rC'1 DATE-Hoorn Dey tear '~ 23E. LICENSE EXPIRES AFTER-Month Gay Year - '1 I C,.'iJ` HU!"':, :7C 1 442 I I :. .. _i . ~. ._ ~ . T2` 1 nereby certlty thel the above named man and woman were joined I ~n actor ]ante with the laws nt the State of Calilornia. :.-~=~`%~, ~F~VID A. DE Of~TO , I TH Y i ~~~f.,..''= ~l •, ~ ~~,,~.nl^~~I~V1HilY FU'?LIC -CALIFORNIA '~ a'°`,:~ ~ fiiVFRCiDc COUNTY ~~ ` N ~ F,-~F~ lY "~~gli~t A;y CGmrr. EXplres May 1Q 1995 I 1,' . LL U ~ ' U / I T ed Neme of Notary by me in mania Be 26A. RE OF SON b N G M >1~7 E 1268. RELIGIOUS DENOMINATION ` i IF CLERGY) CERTIFICATIONI ; / ~! ~~/ EGALITARIAN MAi 11 ~ 19 92 26L'.` OF 'HN SOLEMNIZING MA Ia;~E 126D. OFFICIAL TITLE OF PERSON on ___-__ MONTH DAY SOLEMNIZING', n-__ COLTON, ~ii~.~er_,i.d= (DAVID A. DE ORTO _ ~ REVEREND CALIFORNIA CIT`r OP. TOWN COUNTY 26 E. MAILING ADDRESS (Include City eno Stated ~ 26F. ZIP CODE MARRIAGE ';I NOTE THIS MARRIAGE MUST TAKE PLACE IN THE CotxrrY IN WHICH TFIE LICENSE WAS ISSUED. ],3360 KAY DRIVE, CORONA, CA I 91719 COUNTY 27A SIGNATURE OF COUNTY CLERK I 27 B. SIGNATURE GF DEPU Y CLERK (If Applicnbl'e) 28. DATE ACCEPTED FOR REGISTRATION i / 4 qr`~ CLERK i^,'_-;~,.~.., r;' t..Mf.a I ` ~ II / ice.- ~..v~l:'_.•:Y I BY I - ,>-' C-~ DEPUTY ~Y~t~ I N V ~J~fr MUST Be LEGIBLE; MAKE NO ERASURES, WHITEOUTS OR OTHER ALTERATIONS-SEE ERSE SIDE FOR FURTHER INS : F?UCTIONS VS 123 (7-9U) ......o.+.._»_.._._._~ _.__~ .~_..__ _ __ __ _ _ _ _ _ _ This must be ~n red to be a " CEitTIF1E0 COPY" I '~ Each dooumaN 1o which Ihls oKtMic~1~ true aid aornd o~- al nr..r~i on rib .nil of rear~l ri ~y Nqo~,_ ~' ~~' .., .. _ i o ~' _ c ._ - ~c ~ ,,_ r~ '` . , ~ ~ v~nu.wu+ ~. oor~cx, oouNt'Y c~.Eac ~ , o~~r a ~~~., ~ a cam. "C,q ! I FOR~~~* ~. MAR o 5 1993 ._ - aaal: o.rcx~.ction must I» In ~.~ m ~. "CEp?IFIED COPY" AFiFIDAV'"~,,TO AMEND A MARRIAGE CERTIFICATE S~, ;~~,~QQ~2~,"~ --- --s;~,TE FIDE NUMbEF, - _--- ^ PUBLIC ~ CONI=VDENTIAL ~ ' - ------- DE CZARtD LOCAL REGJSTR f CIN (JSTRICT AND CEHTIFIGAT[ NUMBER PART I INFORMATION AS STATED ON ORIGINAL CERTIFICATE '~ 1 A. NAME 0= GROOM/HUSBAND-FIRST IGIV F:NI I 1 B. MIDDLE I I 1 C. LAST (FAMILYI I ' DONALD i LEE ~ RUTZ - ~ - - ---- - 71 P E O R PRINT iN ------- -- - -- i 2A NAME C)F BRIDE~Wif=E-FIRST (GIVEN) ~ 2B MIDDLE - ~ 2C LAST (AS APPEAR';. On ORIGINAL CERI'IFIC ATE) E3LACK INK ~ I DEBRA ~ JEAN F ~ J(:)HNSON ONLY - - - 3. DATE OF MARRIAGE--MONTH, SAY, YEAR --- 4. COUNTI" IN WHICH THE LIC?21'd SE WAS ISSUED h1F,Y 11 , 1992 RIVERSIDE PART II STATEMENT OF CORRECTIONS ----_- _ __ - ~- --- r - - - cEHT1FICATh I nA INCORRECT INFORMATION ON ORIGINAL CERT ITt n., IFIC A"rE 6B INFORMATION AS IT SHCII I LD BE STATED NUMBER I-~- _ _ _________ _ --- ~-- - l I - I - - - `5 P,- -- ____ -- - - - ----_ DISSOLUTION usT oNE 5H__ - ---_ - _ ___ ___ ,TAN 23, 1989 tTEM PER ~ 1 F~ I DOROTHY 7F,ENE 7AFFTELD ~ -- --- -- - - --- - ----- DORO'!'HY IRENE GAFF:IEI,D LINE + ~ I - - --- r---- - +- - ------- ---- - - ---- ------ --- REASON FOR ~ TO CORRECT THE RECORD _ __^_ ---- CORRECTION ~ ~ ; -- PART III SUPPOR PING AFFIDAVITS-PLEASE CONIPLETE AND SIGN IN BLACK INK ONLY FIRST 6A. SIGNATURE OF SUPPORTING AFFIDAVI' AFFIDAVIT ` _ - __~ 8D AGE <7 COMPLETIN THE 18B. TITLE OR RELATIONSHIP TO PERSON IN PP.RT i 18C. DATE SIGNED SELF ~ 5/13/92 I - -'--- ~ ', BE. ADURESS OF PERSON COMPLETING THE AFFIDAVIT (STREET, CITY, STATE, zlPl 23833 WHITTIER ST., COL'lON, CA y2324 ! - - I hereby certify under penalty of perjury that I have personal knowledge of the above facts and that the information given. above is rue and correct. SECOND 9A SIGNATURE OF P RSON DMPLETING THF_ ~ 9B. TITLE OF2 RELATIONSHIP TO PERSON IN f AR'T II 9G. DATE SIGNED SUPPORTING ~-AFFI ' " AFFIDAVIT /' - _ ~ i WIFE i 5/13/92 9D. AGE .9E. ADDRESS O ERSON COMPLETING THI_ AFFIDAVIT (STREET. CITY, STATE, ZIPI 26 23833 HITTIER ST., COLTON, CA 92?'~24 _ _ I 10. OFFICE OF STATE REC;ISTRAR OR SIGNATURE OF LOCAL 7 7. DATE ACCEPTED FOR REGISTRATION STATE/LOCAL REGISTF'AR ~/(I~ ~ USE ONLY I ` ~6~i!Siatt; Co Lv.DG••S~ Q~- gj ~JJ~ REGISTRAR ------ _ ~ ~lL~-~-"-~/ ~ ~~ n` v ~ ..-.~-1--Q--- - - STATE OF GAUFORNIA DEPARTMENT OF HEALTH SERVICES, OFFICE OF STATE REGISTRAR VS 2aC iilst) 90 58910 i .. ... .. . y _ t - ~ . ..~.:.,,. ,. "". -. .., ... ¢~N i2 Yy~~4 rATd ~ ~t:,3Yeh SP" ,1Y''4~r+Pi 3pi:y`Vl i~1d ::d . .~ ~{ g iiSS ~ { j7 ~dT~ ~ ~ , K'tr!,_ F fro, b+ 1 I iF 9... ~ n 'W~a''iIUVL}~ J~ , ?~ , ' ~ y~ ' ~ y'-,~k~ ~I aE~tuk1+4 A F 'f ~i~ M1l ~{~YiS~' $~ j ~ i `a"~( Jfi i~t ~ ~ ~y * 'l ~ y - ~ ~~~~ ,y `yyy~,~~ ~N' ~q+ ~ yy ,~ , ,t ' , ~ ' ` .+Wr~ 4W~~~ N! ~N ~M'91~N f t ' .y~'~(' `~,1. ?~s. 3. ~ ~ f ~ ~ J Y. i~ 4 ,j a , d '~ 4=- ~'' r~ tt „tea ' ati ~ ~ j~ ~4 , I ~ .i. ~ ~ ,1 ~IF~ 1l'~1 ' ~~ '~<~ s ..., - N`S' ~' Rr ~;~~R;• `~ ~ .:r$ ~ ` ~ r %1d-" I - ~ ~: ' >. ,;: ;: F _ .. f- .1. '' V'e ,: ~4 Ar.. sar.:`..i 4Fr fir' ;s'~i !-;h(s4 ytiik. -. rr.. . , ~ J~ 1 i~ ~ ~ i Y 7 1 <- 5,,, wnrw ri n ~t]t77 Hr~ r V IVVf. V ~ArTeIYMY pM MRTt yyrT1~711T M1DIIyEY fAYwr 7tLi-UgNt 1lD ZEBRA J. HARBERT' 719]799-7101 FlM COUrr Wr'pltY 1565 Coulston St., #5 San Bernardino, CA 92408 , ~rTpwErsoRrwnwr PE`1'IT.LUNi.'R IN PRU PER St1PER10R COURT t1F CALIFORNIA, COUhITY OF BERN D U F~~.~Q _ (~+~~~ j~lBtriCt sTrrt:taT Aoonas: 351 North Arrowhead Avenue ~ ~~~~ Ctatron~Y ~~ YAILMiG AD011ESf: Gr' wND ~- ~ooe: son Bernardino, CA 92915 ewr~MN'''"tE: CELVTRAL DISTRICT' APR 27 199.2 MARRtacta o~ PETtTttN+ttiR: DEBRA J. HAItBER~' ,QQ~y REf'rCINDENT: TREVOR HAR$ER'1' gY b~/~ J Au~Y JUDtiMBNT r.~+ ~"~ _~ ® Dissdution Q Legal sepuatfon ~ 1Vullity FL ~/ 11963 0 Status only Q Reserving jurisdiction over termination of rrtarttal statue Date marital status ends: July 9 , 19 9 2 NR i' f ~ r t. This proceedi ~rR ~ 7 ~~~~dlowc; ®dstault or uncontested [~ by declaration under 6ivi1 trade, S 4511 [~ contacted a. Date' t' t Oopt.: q Rm.: ~. Ju a !name/: John W. Kwtt~<wdy'r ~`r. ~ Temporary judge c. Petitwner present in court ~ Attorney present in court /rrsmuJ: d. Respondent .present in court ~ Attorney present in court (rranrel: e. [_f Claimant present in Court !narrreJ: [_ ] Attorney pretrent in court i'namel: 2. The court acquired lurisdiCtion of the respondent on Idatel: January 0 , 19 9 2 ® Respondent was served with process Q Respondent appeared ''l 3. T!-tE COURT ORDERS, GOOD CAUSE APPEARING: a. ®Judgment of dissolution be entered. Marital slaws is terminated and ttte partios era restored tD thaftatus of urtrrtsrriod pennons (li on the rolbwing date lspocil y/: J U 1 Y y r ~. 9 9l !21 on a data to be doeermmed on noticed motion of either parry or an stipulation. b, Q Judgment of loge! separation be entered. a 0 Judgment o! nullky be entorad and the portion are declarod to be unrnarriad pmsons an the grotmd of lspacil y1: 4. THE COURT FURTHER OROl:Rti: a. Jurisdiction is reserved to make other and lurifter adars necessary to carry out this judgment. b. Wilt's former name be restored !specify/: Ul:If1ZA J , JUHNSUN c, Tres )udpment shah be entered Hunt pro tune ss of Idifsl: d. Jurisdiction is reserved nvor al! other issues and sil present orders remain in afoot ntcspt ss provbed below. e. Any peymsnt Tor spousal or Pamdy support oontnined In this judgment shall tsrmrnute upon tlss death o) the payee unless ott-erwise provided. ~ ~ ~~' ~ ! t. [~ QIt-!r fspec~lyl: SE;L A'1'T'A{;111:D ADDLNbUM. All's 1'1'iiti'~Of ~~ 1 d on + ~ a 1 ~ nsurance as. avaita -4~-v j~ ~ ~-~ s e I rr~1' ~r bd l as ~ tilt l~ , s 1P 11 ett 11ott - `9 "~ °Y ~ ~' y 9 ~e~xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx~c~xxacac;,cxicxacx 5. Pfumbei of prtgnx attached, '1'~tI't,'e j .t) ®Stpnrlurc follows Net attachrnant ~YaS9 t TT' . ~:Krza..r. T' • r ~. tr. - .:-.-.+-~Y.-"~Y4'{.^II+T: •. :.+.'^ •-.~.•«'.~R.:s-1x ~ •1 ~'Jtarrrrls~S T3.r,_SRC~~.."'Sr...="~ - NO?ICE - 1, tMeaas rsvltrvr yarr wrM, insursvres poYofa, nlYematt bensM plans, and tttlhsr mtrtta-s you may taartt to change w maw of tltedintWutbn ar annulmsrtt of your n-arrlaya. Endlttp ytwr marrNge may automalkaNy ohan • «dislKSltionrrtadsby your wirl la ywn former spouse. 2. A debt or obllg»tlort may ba assigrad to one prrty as part of the dltrbionproperty and debts, but It that part y dons not psy the debt o- oMipstbn, the cradNor mry ba abN to caMsot tram the other party, 3, II you fall to goy any court•ordersd ohNd support, an afslgntnsnt of your wagers will M oMslrted wlthotn tunh~~VFr~~, rare, wso+.n ~ry n,a. t?r~ ACTS coda ___.. JUOOMENT ___..____. _._.. __._.._..,...4_. __._._._ JuearM Cwnc...r CNraw tf•tMf1AM Ibv. fA0 t~f'f IM. Jwr ~, f~eSl ~9et1tR10If ~ ~ (Family Law) A M C•rr~ f Iet~ ~~ ~ ~ ~J~ ,. ~ , w.;;:. ~..____ •~ 1 t1AkBL•:tt4': UiiBRA J. ~ '1`Rk:VUR CASE NU: f~L 90463 ' .IUUGME;NT/U15SULU'i'lUN OF MAKtttAGL•' (~Conti.nued} PitCae 2 of 4 2 -------------------------------------------------------------------- ~ 'i'Hi: t'UUti'1' 1•'UKZ'HER U1tDEKS ~ 1. LUS`1'UDY AND VISITA'1'IUN PURSUAE3T '1'U STIPULATION 5 .1U1N7' Lh:GAL AND YIJYSII:AL CUSTUDY of the minor child, ~ .1 t•:kAl`17 At1 GAliki LL tiAl{13LJt'1', t,orr- N~v~untber l4 , l9 31 , is awarded to 7 uvtt, parties with PkIMARY P11YS.IC:AL CARE awarded to the 8 .'eiritiom°rJMlother and PHYStC:AL L'US'i'ODY to the Respondent/Father ~ to include as follows: l0 Alternate weekends (Friday, 5:UO p.m. to Sunday, ly S:OU p.m.} ~~ ~'uesday/Thursday visits :From 5:UU p.m. to 9:C-0 p.m. r3 Upeti access with two hours notice to Petitioner/Mother. l4 'Phe above plan to begin ,lanuary 3Q, 1992. l~ 2. C:HiLD SUPPUx'I' aG Monthly grot~s/nc~t disposable income of the parties, 17 ~3ti1.UU/Nc~t for Petitioner and $1,763.00/net for tespondent. ~$ Respondent is orclored tv pay as and £or support of said ~i'1. DO a9 n-inor ch:i ld, $+~il. UU per month, payable 1/2 on the tst and l/2 on 2Q a_Y-e 15th days of each month, commencing February 1, 1992 and 21 c~i,nt -r-uic~g unt.a I said child, dies, marries, becomes emancipated, ~ rr.c-ch~~s l~J car rc~arnc~h LK .-ncl is nUt a full-time higf- school ;~ 5t iul~~nt , c,r unt. i t fort hc~r c-rdc.•r ~u~I~~,_Cj,~urt, whiche.•ver firsx occyu~rs. 24 .i. Sl'UUSAI, :+U1'F' ti'1' 1'~,Q ~A,u~ ~r11~' ~uf7~~~1~111' ~~1 r -T'"R~u ! rJ "r rod tca pAy an+<3 for pausal support z.t ~~ ;~~ c c~ her 1~,'t. i t i nl- , t.he,` sum of bH . UU perr nth, Era t~3 -~ l /2 on ~ t I,n l ,anci 1/2 nn u latJ- ciuyts v each moat c:umman my 2g t~~~t,rur-r I, ir~'~l, Ancl cu inuing until le cl~onth~ol ait.hc:r party, ~ ~w~~ ~:~ i~ 1 2 3 E 7 S 9 10 11. 12 13 14 15 1G 17 28 2J 2(1 2l 22 2:t x•1< .Lr~ 2(i 28' N HAR$LRT: DC$RA J. b TRIIVUR CAS1: NU; F'L 9U4b3 JU1)GMUN`!'/ULSgULU`t'iUN UF' MARRIAGE; (c:ontinucd) Page 3 of A remarriace of the Petitioner or until further order of t:aurt, whichevez• first occurs. SLE ~5 FUR: ADD!'i'ZUi3AL URDUR. A. C'OLLLC'.'1'LUN UF' SUPPUR'1' PAY.'MNNT5 A11 child support and spousal supporQQt~~~~pa ents shall b~ mach' 1~y WAGI; ANll E;A1{NI NGS ASSiGi~iMb;lV`!' ORUl;R ~I~A h Qc f,l-tr A ..,rJ, (~ n-.~I~ v ~~rob o~ ~uyt _ ~4P~'• ~1nI.t' w~ + _~.~° o _4A~~- t~1'1 ~:~v ~~ 5. 4 6_ ULVLSIUN OF LOMMUNI'PY PRUPF:RTY The Petitioner is awarded the 1990 Nissan Sentra, California Iicense ~2VLH5U5 as her sale and separate property. The Res}~orident i s ordered to pay the monthly payment a~2" S L N0. 52 attlj dreiuct said amount from his spousal support obligaN.~ion until the vehicle is paid in full. 7 . F{L'a''L't{A1:Ni NG URUE;RS t:t~ctt 1,art:y is ei> joined a,nd restrained from: ta) t.'untacting, molesting, attacY,ing, striking, t"htt~atoniny, ~:+'xually ussaultlnc~, trnttering telephnnin<l ~>r cat h~'rwl:~:' (t3ti1 lri"t)llll[ t i~~' [~t't+Gt' uF t"hc~ c~titcr party. (t~) ~!•r•,31:~;! t•r•1• i nc}, c'nautntat.'r i ttc'{ ~ hypUt.ttrczt i ui.~7, ~•~~nr",l i l nil t,t t ;t ~InS• w.ly tl i si[~t,(': i (~rl ~~f nny [~~ro[,t'rt y, t'~:'~~ I cir (n•t kiUl:.~ ~ i Wtll'I tli•1 (J(ttilrt1ti11 J 1 y, t[LiilF3 ~ -CUJIUnIfTI l tr'y Ur 'ri(!~).7ri1.1 t', <)XCU[?f. : n t I1~' usu~11 cc,ur~.~~ u1' t.+uslinaKn or tnr tht.~ n('t:crs•:Fri t iutl cif i i fc:. (vf C(snt_or•t:ing ttra athc~r y,nrty at th~• Uthc:r's rusiclenc ar f,lacc~ cif ~~mF~lc,ym.rnt•. rxac.~pt. rt~y,arcliny vidit.at tun c>r ila iltl W~[ i r Y 1 21, 3! I 4~ 5 6 7 8~ 9 10 ll 12 13 14 15 ~~ 17 18 19 20 21 22 ~~ 24 2t3 27{~ 28{ tIAFtI3h:K'i': Uf:BRA J . b '1'KI;VUIt CAS1: NU ; E'L yU463 JUllCGh1t~N'1'/ULSBULU'I'IUN OF b1AKKiAGir (t:antinued7 Page 4 of 4 c~mt~ rye nc!f . (d) Neither party shall incur any dLbts or l~.abilities for whiciti the other may be }laid re>;pansibLe, other than in the ordinary course of tsusin~~ss or for the neces:~ities of ].i£e. (e) Both parties are restrained fram cashincr, vurrowing against, canceling, transferring, disposing c.>f, or ct3anging the beneficiaries of atzy insurance or other c<average including life, health, automobile anti disability held far the benefit of the parties or their minor child. Each party is ordered to stay away at least 100 yards from each otr~er's residence and place c~£ work. EXCEPTIONS; k'OR YURf USi:E~ uk' ViS]'['A'i'lUN. PL:kSUNAL (;UNDUC"1' KI:S'1'KA1N'I'S _~tiALL ]JXPIR.G: .ianuary 3C}, 1y95. ~,,,,~',.:~,: APR 2 ~ 1992 t~[l`~h21 ~, x F k~ ~ _ ~ r ~ ~ ~\~ ~ r~ ~~ ~ l{ ./, C ~ i~ n F am ¢ . - ~"g ~ .-~ ~< 4~ ~p e t ~ ~ ~ to ~ -~ ~ I ~ ~ ~ --, ~~, ~ ~ J (~ ` ' ~ 5 i f t J ~~ c ~ ~ ~ T ~ c~ ~. \ ~ ~/ -\ ~i1 F ~{ a _ ~ ~ ~ ~ ~ ~ _ _ ~' ~ ~ ;~J `~~J - .: ~, _ ,~ ~ ~ .,: .~. c ~. ~. ' "'!'~ ~~F 1 S ! r M+o. H ~ -+ ~ L ~ ''. ~~+c _ ._ /`' r - ~ ~ 9 ~ L~ ~i H ~ ~ ~3 I t y ~ ~ ~:~ ~ ~ c ~~ , C -~ --~, !~ ,~ . ~ .j ~"3 Ai' C '~' ~' ~ " ~ ~. I I n ,,~ ~; p '~ ~ ~ ~ j I I x T ~ ~ y I H ~i' ~ ~ p ~ ®i ~ ~ ~ ~ jN ~ i~ ~ i c~ ~ H C7'~ ~ H '; '~. ~ x ~- ~. ~ r --r ~~ ate!" d i H _ Cr' C!1 CT7 •o- /'+ ~ ~J ~ ~ ~ -~: ~> ~: CrJ ~~ ~ Z z ~ ~-r, cn - r~ ~c z r ~ C H ~ z c. t~J H ~3 ~j H l_J ~• ~. ~ ~ ,~.ua ~ ` w Y ? ~~ ; O~ 7 "~ ~~ ~ x~" ~~ "r' ~i E ~a~A7/'ay~ MN/l"Z i'~i ~~, ` ~' _~• s ter ~,~~ ~ ~ ~ ~_ ~~`~ E 4 + ~~ , --~` r:•' ~ ~~ _~ Y rj Z t' r F~ ~ _ E ~:~ -~.i ~J DONALD RUTZ, Plaintiff ~. DEBRA JOHNSON, n/k/a DEBORAH RUTZ, n/k/a DEBORAH HARBERT, Defendant 2012-0 6607 CIVIL TERM PETITION TO ANNUL VOID MARRIAGE PURSUANT TO 23 PA. C.S.A. §3304 ORDER OF COURT AND NOW, this 1St day of November 2012, upon consideration of Plaintiff's Petition to Annul Void Marriage Pursuant to 23 Pa. C.S.A. §3304, a Rule is issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of service of this Order of Court by Plaintiff. BY THE_C~~RT~__ _ 1---` Thoma A. Placey C,P.J. ~~ ~ , c Distribution List: ~~ '"' Ma lou Matas, Es ~ c ~ rY q~ c~ 26 West High Street . ~ f~~ r ~~ Carlisle, PA 17013 ~AB~~ 'cam' "° ~~'~ ``' .- r. 3 ~~, ~ C ~~ ~~. ~ ~~~' Debra J. Johnson ~~~ ~ la ~-; ~ 12370 Joshua Road ~~~ -~~~ ~" `-~~ - . Victorville, CA 92392 D of ~~~~ IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT f f I DONALD RUTZ, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF CUMBERLAND, PENNSYLVANIA c' C= � V. NO. 2012-6607 CIVL TERM -og ZZ 4± zM DEBRA J. JOHNSON n/k/a, : CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, co C5 DEBORAH HARBERT, A -V Defendant J. PLACEY Cl) �C: w PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner, Donald Rutz, by and through his attorney, Marylou Matas, Esquire, and petitions this Honorable Court as follows: 1. Petitioner is Donald Rutz, Plaintiff in the above captioned divorce matter, and an adult individual residing at 23 Ridge Avenue, Carlisle, Pennsylvania 17013. 2. Respondent is Debra J. Johnson, Defendant in the above captioned divorce matter, and whose address is currently unknown to Petitioner. 3. Petitioner and Respondent were married on May 11, 1992 in Colton, California. 4. Petitioner and Respondent separated in July 1992 and Petitioner has had one telephone call with Respondent in 2009, but has not had any information regarding her location since June 1993. 5. In 1994, Petitioner moved to Pennsylvania and has not resided in California since. 6. On October 24, 2012, Petitioner filed a Petition to Annul Void Marriage. 7. On November 1, 2012, this Honorable Court issued a Rule returnable twenty (20) days from the date of service on Respondent. Law Offices of 8• Petitioner's counsel conducted a Westlaw People Search using Saidis Respondent's social security number and was provided a list of seven (7) Sullivan assumed aliases for Respondent, including: Debra Chapman, Debra Smith, & Rogers Debra J. Toenes, Debbie Johnson, Deborah J. Harbert, Debra Besherse, Debra 26 West High Street Carlisle,PA 17013 Siemsen and various spellings of the above. 9. Respondent's last known address is 12370 Joshua Road, Victorville, San Bernardino County, California. 10. Petitioner has attempted service of the Petition and Order at the three (3) most likely addresses for Respondent, based upon the number of times the addresses were reported in the last three (3) years and the connection between the aliases, and all have been returned as undeliverable and unable to be forwarded, except one, addressed to Debra Smith at 940 Mesquite Drive, Barstow California. 11. Petitioner's counsel has contacted the appropriate San Bernardino County post offices and has been unsuccessful in receiving any additional information regarding Respondent's current address. 12. A majority of the possible addresses provided by Westlaw People Search were located in San Bernardino County, California. 13. A search of the California criminal records revealed that Respondent does have a criminal background, but is not currently on probation and no address was available. 14. A search of WhitePages.com — Online Directory Assistance and Google have not produced address information for Respondent. 15. On January 14, 2013, Defendant contacted Attorney Hannah White- Gibson and stated that she had received the Petition to Annul Void Marriage and the Order of Court at her current address of 940 Mesquite Drive, Barstow, California. 16. Defendant stated she would sign the enclosed acceptance of service and return it in the enclosed envelope. 17. Defendant and Attorney White-Gibson spoke again on February 19, 2013 where Defendant again confirmed that she had received the information and advised that she had sent in the acceptance of service. 18. As of the date of filing, Defendant has failed to return the acceptance of service. Law Offices of 19. Based upon the foregoing searches and direct contact with Defendant, SaWis Petitioner believes that he has made proper service of the Petition to Annul Void Sullivan Marriage and Order of Court dated November 1, 2012 on the Defendant. & Rogers 26 West High Street Carlisle,PA 17013 li WHEREFORE, Petitioner prays this Honorable Court find Plaintiff has executed proper service on the Defendant on January 14, 2013 and allow Plaintiff to proceed in this matter as such. SAIDIS, SULLIVAN & ROGERS - " UO — Marylou M Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner Law Offices of Saidis Sullivan &. Rogers 26 West High Street Carlisle,PA 17013 DONALD RUTZ, IN THE COURT OF COMMON PLEAS I Plaintiff COUNTY OF CUMBERLAND, PENNSYLVANIA V. NO. 2012-6607 CIVL TERM DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION—LAW DEBORAH RUTZ, n/k/a, DEBORAH HARBERT, Defendant VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. ty= J Don d Rutz, Petitioner Date: Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 DONALD RUTZ, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF CUMBERLAND, PENNSYLVANIA V. NO. 2012-6607 CIVL TERM I' DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, DEBORAH HARBERT, Defendant J. PLACEY VERIFICATION i I verify that the statements made in the foregoing document 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 falsifications to authorities. �z Hannah White-Gibson, squire Date: 3/1& (3 Law Offices of Sadis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 DONALD RUTZ, IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY OF CUMBERLAND, PENNSYLVANIA V. NO. 2012-6607 CIVL TERM DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, DEBORAH HARBERT, Defendant J. PLACEY CERTIFICATE OF SERVICE I hereby certify that on this �day of March, 2013, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Debra Johnson 940 Mesquite Drive Barstow, CA 92311-5508 SAIDIS, SULLIVAN & ROGERS Mary Esquir Supreme Cduft ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 DONALD D. RUTZ, �WhL Plaintiff V. IN THE COURT OF COMMON PLEAS DEBRA J. JOHNSON, N/K/A, OF THE NINTH JUDICIAL DISTRICT DEBORAH RUTZ, N/K/A, DEBORAH HARBERT Defendant 2012-06607 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 261h day of March 2013, upon consideration of the Petition for Special Relief, specifically requesting that the court declare that the service upon 4 Defendant of the Petition to Annul Void Marriage and Order of Court dated 1 November 2012 be deemed properly completed as of 14 January 2013 Oursuant to telephonic communication, a RULE to show cause why this relief should not be granted is issued upon Defendant, Debra Johnson at the address given in that telephonic communication of 14 January 2013. Defendant is advised that if no response is heard on this RULE by 26 April 2013, then the special relief shall be granted. Further, Defendant is advised that in lieu of a response to this RULE she may sign and deliver the acceptance of service previously posted to her and return it in that previously enclosed envelope supplied by Plaintiffs counsel. BY T Thomas A. Placey C-R-%l. Distribution: rM w : ✓ Marylou Matas, Esq. ✓ Debra Johnson ca 3/-6)7/ r CD c� c:3' 1 T r DONALD RUTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY OF CUMBERLAND, PENNSYLVANIA v. • NO. 2012-6607 CIVIL TERM er7N DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION —LAW rneo mo w. DEBORAH RUTZ, n/k/a, =z7o 7o ,r,; DEBORAH HARBERT, • Defendant • J. PLACEY 1—: _ wAr i MOTION TO MAKE RULE ABSOLUTE �„ 1. Petitioner is Donald Rutz, the Plaintiff in the above captioned action, and he is represented in this action by Marylou Matas, Esquire. 2. The Respondent is Debra J. Johnson, the Defendant in the above captioned action and she is appearing pro se in this action. 3. On October 24, 2012, Petitioner filed the Petition to Annul Void Marriage Pursuant to 23 Pa.C.S.A. §3304. This Petition is attached hereto as Exhibit A. 3. The Court issued a Rule to Show Cause on November 1, 2012. This Order is attached hereto as Exhibit B. 4. Petitioner's counsel attempted service on Respondent numerous times without success. 5. On March 18, 2013, Petitioner filed a Petition for Special Relief. This petition is attached hereto as Exhibit C. 5. On March 26, 2013, an Order was entered, giving Respondent 30 days, until April 26, 2013, to respond to the Rule to Show Cause why Petitioner is not Law Offices of entitled to the relief requested. A copy of said Order is attached hereto as Saidis Sullivan Exhibit D. & Rogers 6. Petitioner's counsel mailed the March 26, 2013 Order to Respondent at the 26 West High Street Carlisle,PA 17013 address Respondent had provided on March 28, 2013. 7. As of the date of filing, Petitioners counsel has had no contact from Respondent, nor received a signed acceptance of service. ti r 8. More than thirty (30) days have passed since this Order of Court dated March 26, 2013 was issued and Respondent has not responded to Petitioner's petition. 10. Petitioner, through his counsel, requests that the Court find that Respondent was properly served with the Petition to Annul Void Marriage as of January 14, 2013. 11. More than twenty (20) days have passed since January 14, 2013 and Respondent has offered no response to the Petition to Annul Void Marriage. 10. Therefore, Petitioner requests that the Court find Petitioner's and Respondent's marriage void as of May 11, 1992 and annul such marriage. WHEREFORE, your Petitioner respectfully prays your Honorable Court to enter the attached Order. Respectfully submitted, SAIDIS, SULLIVAN & ROGERS Mary - IVia s, Esquire Supreme Court No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Date: VS61 26' I Counsel for Petitioner/Plaintiff Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 DONALD RUTZ, • IN THE COURT OF COMMON PLEAS Plaintiff • COUNTY OF CUMBERLAND, PENNSYLVANIA v. • NO. 2012-6607 CIVIL TERM DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, • DEBORAH HARBERT, Defendant • J. PLACEY VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. G G .G 7.) { Maryl Mat , Esquire Date: +/So(2L%j 3 Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 DONALD RUTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : COUNTY OF CUMBERLAND, PENNSYLVANIA • v. • NO. 2012-6607 CIVIL TERM • DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, DEBORAH HARBERT, • Defendant • J. PLACEY CERTIFICATE OF SERVICE I hereby certify that on this (-') day of 4,4, , 2013, a true and correct copy of the attached Motion was served by regular, first class, pre-paid mail to: Debra J. Johnson 940 Mesquite Drive Barstow, CA 92311-5508 SAIDIS, SULLIVAN & ROGERS Maryl Ma s1, Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Counsel for Petitioner/Plaintiff Law Offices of Saidis Sullivan & Rogers 26 West High Street Carlisle,PA 17013 � e DONALD RUTZ IN TIIE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • vs. • NO. /d- 6607 CIVIL ACTION— LAW • DEBRA J. JOI-INSON, n/k/a/ • DEBORAH RUTZ, n/k/a, • DEBORAII HARBERT Defendant : ORDER OF COURT NOW, this day of ,2012,upon consideration of the Petition to Annul a Void Marriage Pursuant to 23 Pa.C.S.A. §3304, it is hereby determined that the marriage between Donald Rutz and Debra J. Johnson is declared void as of May 11, 1992 and is annulled By the Court, , J. Marylou Matas, Esq. aw Offices of 26 West High Street Saidis Carlisle, PA 17013 ,ullivan Debra J. Johnson . Rogers 12370 Joshua Road West High Street Victorville, CA 92392 Aisle,PA 17013 DONALD RUTZ • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • vs. • NO. /a- CIVIL ACTION-2k lig '' DEBRA J. JOHNSON, n/k/a/ • rnco -,1 DEBORAH RUTZ, n/k/a, : — -- -:; DEBORAH HARBERT A Q , Defendant : —r, °r-*3 RULE TO SHOW CAUSE NOW, this day of 2012, on Petition of Donald Rutz, a Rule is hereby issued upon Defendant, Debra J. Johnson, to show cause why Petitioner should not be granted the relief requested. Rule returnable days after the date of this order. Service to be by certified mail upon Defendant. By the Court J. Marylou Matas, Esq. Counsel for Defendant ate-Offices of 26 West High Street Saidis Carlisle, PA 17013 ullivan Debra J. Johnson Rogers Pro se ‘West High Street 12370 Joshua Road rlisle,PA 17013 Victorville, CA 92392 DONALD RUTZ : IN TIIE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA • vs. NO./o2 - GO CIVIL ACTION— LAW DEBRA J. JOHNSON, n/k/a/ n e.,, DEBORAH RUTZ, n/k/a, • "� —n DEBORAH HARBERT • zco a) ' Defendant : �' '-+ - r' ty Q PETITION TO ANNUL VOID MARRIAGE sQ PURSUANT TO 23 Pa.C.S.A. §3304 �'' �� NOW comes DONALD RUTZ, by and through his counsel,Marylou Matas,Esquire of Saidis, Sullivan&Rogers, and presents this Petition to Annul a Void Marriage,Pursuant to23 Pa.C.S.A. §3304, representing as follows: 1. Petitioner is Donald Rutz, an adult individual who resides at 23 Ridge Avenue, Carlisle, Pennsylvania, 17013. 2. Respondent is Debra J. Johnson, an adult individual whose last known address is 12370 Joshua Road, Victorville, California, 92392. 3. Petitioner and Respondent were married on May 11, 1992 in Colton, California. A copy of their marriage license is attached as Exhibit A. 4. The parties separated in July 1992. 5. In 1993, Petitioner discovered that Respondent's divorce from her first aw Offices of Sa Offices husband, Trevor Harbert was not finalized until July 9, 1992, after the parties were married ullivan and had separated. Respondent's divorce decree is attached as Exhibit B. . Rogers West High Street 6. Petitioner attempted to file for divorce in San Bernardino County but was .lisle,PA 17013 informed by the Clerk of Courts that it was not necessary because Petitioner and Respondent were not legally married. 7. Relying on that information, Petitioner moved to Pennsylvania in 1994 without pursuing a legal divorce from Respondent in California at that time. 8. Petitioner married his current wife in Cumberland County,Pennsylvania on February 18, 1995. Petitioner's marriage certificate is attached hereto as Exhibit C. 9. As part of Petitioner's employment with the Department of Defense, he is required to pass certain security clearances. 10. Recently,while going through a security clearance,it was determined that he was still considered married to Respondent. 11. Pursuant to 23 Pa.C.S.A. §33O4(a),"where there has been no confirmation by cohabitation following the removal of an impediment,the supposed or alleged marriage of a person shall be deemed void in the following cases: (1) Where either party at the time of such marriage had an existing spouse and the former marriage had not been annulled nor had there been a divorce..." 12. Pursuant to 23 Pa.C.S.A. §33O4(b): Procedures. "In all cases of marriages which are void, the marriage may be annulled as set forth in section 3303 (relating to annulment of void and voidable marriages or its invalidity may be declared in any collateral proceeding." 13. When the parties married on May 11, 1992, Respondent was still validly married to her first husband, Trevor Harbert. .aw Offices of Saidis 14. After the divorce was final between Respondent and her first husband on July >u11ivan 9 1992, Petitioner and Respondent had already separated and were not cohabitating. Rogers West High Streer 15. Petitioner and Respondent have not ever cohabited since the date of their arlisle,PA 17013 separation in July 1992, despite the divorce between Respondent and her first husband. 16. Petitioner requests this Court to find his marriage to Petitioner void at the date of its inception. 17. Petitioner is concerned that without this finding of annulment as of the date of the void marriage that he and his current wife will face difficulties with regard to retirement, insurance and estate planning issues. 18. Petitioner believes that Respondent has remarried,after her divorce from Mr. Harbert in 1992. 19. No Judge has been assigned to this matter. 20. At the time of filing, Petitioner has had no response from Respondent in regards to her concurrence. WHEREFORE, Petitioner requests that the Court declare his marriage to Respondent void as of May 11, 1992, pursuant to 23 Pa.C.S.A. §3304 and annul their marriage . Respectfully submitted, SAIDIS, SULLIVAN& ROGERS - / J /&.-/L) Mar lots atas, Esq lire Attorney ID No. 84919 .aw Offices of 26 West High Street Saidis Carlisle, Pennsylvania 17013 >ullivan (717) 243-6222 E Rogers West High Street arlisle,PA 17013 DONALD RUTZ • IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : • NO. CIVIL ACTION—LAW DEBRA J. JOHNSON, n/k/a/ : DEBORAH RUTZ, n/k/a, : DEBORAH HARBERT • Defendant : CERTIFICATE OF SERVICE AND NOW, this 21-/IM day of f C-v/.per- , 2012, I, Marylou Matas, Esquire, hereby certify that I have this day served the following persons with a copy of the foregoing Petition to Annul a Void Marriage Pursuant to 23 Pa.C.S.A. §3304 as Counsel of Record by first class, United States Mail, postage pre-paid, addressed as follows: Debra J. Johnson 12370 Joshua Road Victorville, CA 92392 Respectfully submitted, SAIDIS, SULLIVAN & ROGERS - -)(G/ L' A ' ('` -7/6 / Maryl u'Maf , Esquire Attorney ID o. 84919 26 West High Street .aw Offices of Carlisle, Pennsylvania 17013 Saidis (717) 243-6222 ,ullivan c Rogers West High Street arlisle,PA 17013 DONALD RUTZ • IN TIIE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. • NO. CIVIL ACTION—LAW • DEBRA J. JOHNSON,n/k/a/ • DEBORAH RUTZ, n/k/a, • DEBORAHsH B _12.644- i Defendant : VERIFICATION The foregoing Motion is true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A. Section 4094, relating to unsworn falsification to authorities. J 4 Date: /b/2�//0/d/-///,.. ., -•-• , / Donaldutz, Petitioner ,aw Offices of Saidis >ullivan c Rogers West High Street arlisle,PA 17013 LICENSE 4.ND CERTIFICATE OF CONFIDENTIA'�,. MARHIA(.at 59233OQ1Z1,7 0 4 7 9 2 0 STATE FILE NUMBER LOCAL REGISTRATION NUMBER LICENSE NUMBER lA NAME OF HUSBAND-First (Given) ' lb. MIDDLE 1G. LAST (FAMILY) 2. DATE OF BIRTH-Month, D . Year DONALD I LEE RUTZ APR 29, 1965 HUSBAND 3. STATE OF BIRTH 4. NUMBER OF PREVIOUS 5A. LAST MARRIAGE ENDED BY 16B. DATE-Month,Dey,Year PERSONAL PA MARRIAGES 0 -- I __ DATA 0 DEATH 0 DISSOLUTION D ANNULMENT I 6h. USUAL OCCUPATION 66. USUAL KIND OF BUSINESS OR INDUSTRY 7. EDUCATION-YEARS COMPLETED MAINTENANCE ANALYST ' U.S. AIR FORCE 12 BA. FULL NAME OF FATHER I I BB. STATE OF BIRTH 8A. FULL MAIDEN NAME OF MOTHER I E8. STATE OF BIRTH LEON FRANCIS RUTZ II PA DORIS JEAN SHATTO I PA 10A. NAME OF WIFE-FUsI (Given) 1 108. MIDDLE IOC. CURRENT LAST (FAMILY) 100. MAIDEN LAST (FAMILY) IF DIFFERENT DEBRA I JEAN JOHNSON - THAN IOC- WIFE I 11. DATE OF BIRTH- 12. STATE OF BIRTH 13. NUMBER OF PREVIOUS 14A. LAST MARRIAGE ENDED BY I 148. DATE--Month;Day.Year PERSONAL OCT"11'b9 y. Y1965 CA MARRIAGES 0 -- I _- DATA ' O DEATH 0 DISSOLUTION O ANNULMENT 1 15A. USUAL OCCUPATION 1 150. USUAL KIND OF BUSINESS OH INDUSTRY 15. EDUCATION-YEARS COMPLETED MANAGER BIRD FARM 11 17h. FULL NAME OF FATHER 1 178. STATE OF BIRTH 1BA. FULL MAIDEN NAME OF MOTHER I IBB. STATE OF BIRTH ELMER THOMAS JOHNSON : M:: DOROTHY IRENE JAFFIELD MI IIPA RESIDENCF-Rtreel en/ Number ' IRE ^1'Y 1 180. ZIP CODE I -i;G. ::.vvt:TY-Omuiae G..iiionrm, Spurr Skn.o RESIDENCE 23833 WHITTIER ST. 1, COLTON 1 92329 1 RIVERSIDE DF HUSBAND 20A. MAILING ADDRESS-II Dltlerenl 1 208. CITY 120C. ZIP CODE 120D. COUNTY-Outaitle GelilorNa, Enter Slate AND WIFE -- I -- I -- I -_ 1 We Ins undersigned declare that we are an unmarried man and an unmarried woman.nol minors,and have been living together as husband and wile and Thal the laepo'ng inlormelion in true and coned to the bell of our knowledge and babel,that no legal objection to the marriage nor 10 the issuance of a license is known to us,and hereby apply fora Lie tiesantf,z.4,4'++.F' Certificate of Conlidenliel Marriage I AFFIDAVIT 21. SIGNATURE OF HUSBAND 22. IGNATURE OF WIFE 07 0.he undersigned,empowered by the laws of the Stale of Calilornia,du hereby cerlily that the above named parries to be married have personally a ea beloibime,'proved log me on the balk idence,have declared or affirmed That they mall all the requirements of the law,end the lees prescribed by law having been paid.do hereby authorize skid pa[L= to be:married pursuant to Section 4213,Civil Code i That this license was issued to the person performing the ceremony upon Ihnl person's presentation o1 an allldevil signed by the person and the parties Ip bk rigid due to the inability of one or both of the parties be married lo physically appear.The ellrdevil explains the reason lei inability to appear in accordance with Section 4213.1,Civil Code. �J !3A. SIGNATURE AND TITLE •F IS INC CLERK Cl. 24A. AFFIX NOTARY SEAL (II Applicable) 1-.24B. "SUBSCRIBED AND SWORN TO . (2___-2/4, J I)p n1. L. E r I' I BEFORE ME ON '3B. COUNTY F ISSUE ' C. MAILING ADDRESS AND ZIP CODE < °,`may, OT_'FICTRL SEAL MAY 11 . 1992_/ „ 2t Street . DAVID A. DE ORTO ' I 31+70 i_ �h .,•tree � a " "�� RI(JER.sIDE 92501 /�,�,�J� �3i,."", i RIVERSIDE, CA 92 n1 te1'. �r:4-,,•+f_'rJvl-ARl'PU?LIC-CALIFORNIA it ��, �� l' ..`C"'1P" FIR'EFiSiDE COUNTY r / ir.16N• 59� •F JdQ - 3D. ISSUE DATE-Month Day Year 123E. LICENSE EXPIRES AFTER-Month Day Year \ n 'Fowl)t My Comm.Expires May 10, 1995 I / I)e L'L- U N. 1 U I;'G'.,i..'Ii.,I 1P9'' AUCI„09 1-99 I `"l - r J ,.. led Name of Notary 25.I hereby cerlily that the above named men and woman were joined by me in marriage 28A. RE OF • 'SON D N l M • E 1268. RELIGIOUS DENOMINATION to accordance with the laws oI the Slate oI Calilornia. ' 1F CLERGY) ERTIFICATION 92 < // ,% EGALITARIAN DF PERSON ON MAY 11, 1F _ 200.'-NAM'eLOF X�('BN1 SOLEMNIZING MA E I 26D. OFFICIAL TITLE MONTH DAY (TYPE OR PRINT) OLEMNIZING AT COLTON, Ri''.1er'i d- ' DAVID A. DE ORTO REVEREND CALIFORNIA I MARRIAGE CITY OR TOWN COUNTY 26E. MAILING ADDRESS (Include Cily and Slade) 128F. ZIP CODE NOTE: THIS MARRIAGE MUST TARE PLACE IN THE COUNTY IN WHICH THE LICENSE WM ISSUED. 13360 KAY DRIVE, CORONA, CA ! 91719 COUNTY 27A. SIGNATURE OF COUNTY CLERK I 278. SIGNATURE OF DEPU CLERK (If Applicable) 2E1. DATE ACCEPTED FOR REGISTRATION CLERK ■ BY C.C ,I��o.1/2 DEPUTY MAY 9 8 1992 MUST BE LEGIBLE/MAKE NO ERASURES, WHITEOUTS OR OTHER ALTERATIONS-SEE IiRVERSE SIDE FOR FURTHER INSTRUCTIONS VS 123 (7-90) This must be in red to be a " CERTIFIED COPY" .Ii i k h. !,-1 I 1.1 Each document to which We certificate :Ft/. LI -i.1.1U _ - ..,. .�. ;:•.,t, 16 afteoh�ld IS certiiieid to�'a M,>dl, • true And oornd carp'of five or 1141 ' . , . on fie and of moral m R l ONbe. .... '7.); 1 try 1:1t•: .:..Lail •4/44?./..* ...e.r:Frefo5f.._ . • =WILLIAM E.GONE*X,CX*S ?V CLERK( J ,r- • . *+11 County of Riverside, al for» - » •k li:r *CAL IFO�V,V" 'HI : .t MAR o 5 1993 , Dated: Y O 1r ition roust be In red to be a . I rl "CERTIFIED COPY'r "- 0 9 -— E_ti. - _...011111i AFFIDAV'',,TO AMEND A MAHHIAtat c.:ttl I it-ii---k1 I t 0I4.„,S%.,1,Ljui fig,t 51 ATE FILL NUMBER ❑ PUBLIC K CONFIDENTIAL 0 DECLARED LOCAL REGISTRATION DISTRIC1 ANU CERTIFICATE NUMBER PART I INFORMATION AS STATED ON ORIGINAL CERTIFICATE • 1 A. NAME OF GROOM/HUSBAND—FIRST (GIVEN) 1 B. MIDDLE 1 C. LAST (FAMILY) DONALD LEE RUTZ TYPE OR PRINT IN 2A. NAME OF BRIDE/WIFE—FIRST (GIVEN) 2B. MIDDLE 2C. LAST (AS APPEARS ON ORIGINAL CERTIFICATE) BLACK INK DEBRA JEAN JOHNSON ONLY 3. DATE OF MARRIAGE—MONTH, DAY, YEAR 4. COUNTY IN WHICH THE LICENSE WAS ISSUED MAY 11 , 1992 RIVERSIDE PART II STATEMENT OF CORRECTIONS 5. CERTIFICATE 6A. INCORRECT INFORMATION ON ORIGINAL CERTIFICATE 68. INFORMATION AS IT SHOULD BE STATED ITEM NUMBER 4 0 1 _ 5A -- DISSOLUTION LIST ONE 5B _ -- JAN 23, 1989 ITEM PER 78A DOROTHY TRENE JAFFTELD DOROTHY IRENE GAFFIELD LINE — — --- -- — — -- --- I , 4 I EASON FOR 7'TO CORRECT THE RECORD ORRECTION OF PART Ill SUPPORTING AFFIDAVITS—PLEASE COMPLETE AND SIGN IN BLACK INK ONLY r I hereby certify under penalty of perjury that I have personal knowledge of the above facts and that the information given above is true and correct. FIRST BA.SIGNATURE OF PERSON COMPLETIN I BB. TITLE OR RELATIONSHIP TO PERSON IN PART 1 I BC. DATE SIGNED UPPORTING AFFIDAVIT / i SELF AFFIDAVIT . ` [�,L I 5/13/92 I I BD. AGE I BE. ADDRESS OF PERSON COMPLETING THE AFFIDAVIT (STREET, CITY, STATE, ZIP) 27 1 23B33 WHITTIER ST. , COLTON, CA 92324 I hereby certit' under penalty of perjury that I have personal knowledge of the above facts and that the information given above is rue and correct. SECOND BA.SIGNATURE OF P RSON MPLETING THE 1195. TITLE OR RELATIONSHIP TO PERSON IN F ART 1 9C. DATE SIGNED JPPORTING cAFEID. j WIFE 1 5/13/92 AFFIDAVIT 9D. AGE i'BE. ADDRESS O PERSON COMPLETING THE AFFIDAVIT (STREET, CITY, STATE, ZIP) 26 23833 HITTIER ST. , COLTON, CA 92324 l 10. OFFICE OF STATE REGISTRAR OR SIGNATURE OF LOCAL 11. DATE ACCEPTED FOR REGISTRATION 'ATE/LOCAL REGISTRAR ?EGISTRAR USE ONLY • kL niarn E. Cane,Mfr e _l e..e'� Q[. MAY I/ 2 8 1J ATE OF CALIFORNIA, DEPARTMENT OF HEALTH SERVICES, OFFICE OF STATE REGISTRAR VS 24C (1/01) 90 58910 .6 tAij :l; foil fig;, 144E 31.A'i„i'i: 1I'1 1 .' �``I;Q. Idial iJ- f' J I1 . r: I)?I5 V itiat2k (E44,4 v 04441610:44(40 I • °� ICM V i. 51,, t l: 1�4I I No.i<'i Ni5:fla�1 4E1 JF i ��I ;I A7 ,yI f, 70 [4Y s kit-tom ff6iP.icg. s}l +Lott f �I,>i,ll; ep�yh:uw.w,�,l ^"f' Sri2vt1'h,'(J Ifld., { 't'� 1 r 1 . r♦4 r a, C , 4yt!;,!I'r _ J0I 1yil I tf �D ?s'#IIJ,{ `rsol., f thil f . :;t t "If- it (y I *W1iIlM1 1 a p07.""I '!`..,(IT r )19�!�1,.�-h i•'�r ,lb ; .) t*+i'.I .:.r.)'11�" .d.,}Ir:{ I .^ zY 1, f r it w ,-T t1• e1.i a}Iu;(8).04-,.:,I '4 .f-41st ,LIISId:l.to S■. )Jiiee tiI j .1 1::, I' , ,.. `i (Q — t .i{ . 116 -) (X11') III IEC- LIMY,.-td<∎k'h{k;M f WJ1!,'i. APR 29 1992 j . AMID'ATn)IWSV 01 MR? WITIL UT AT rmRNf Y MI... 7.(pw.o iR.o rICY1 COW,LW ONtY DEBRA J. HARBER'1' 714/799-7101 1565 Coniston St. , #5 San Bernardino, CA 92408 t Arromowr FOR rr.n�: PETITIONER IN PRO PER SUPERIOR COURT OF CAUFORNtA, COUNTY OF SAN BERNARDINO FILED - control District Son s><neEr nvoeess: 3 51 North Arrowhead Avenue •j�+rrnat�lttp County Cie* rawltadG ADDRESS; f CITY AND Zit COO*: San Bernardino, CA 92415 $*ANCHNAME; CENTRAL DISTRICT APR 27 1992 MARRIAGE OF PETITIONER: DEBRA J. HARBERT �f yy By 64-iiiisa#4,,,4,6 RESPONDENT TREVOR HARBER'1' PutY i JUDGMENT cA:c swam ®Dissolution f I Legal separation n Nullity FL 90463 j I Status only ,i I Reserving jurisdiction over termination of marital status Date marital status ends: July 9, 1992 NO V(.) 1 1, This proceeding was heard ollows: ® default or uncontested I by declaration under Civil Code, S 45111-1 contested a, Date: APR 2 7 19 fL Dept.: Ran.: b. Ju e Memel:john ii, X�1lrteasr,r Zr. 1-1 Temporary judge c. Petitioner present in court j j Attorney present in court/name); d. Respondent present in court n Attorney present in court (name?: j e. I J Claimant present in court ;name): EJ Attorney present in court mama): 2. The court acquired jurisdiction of the respondent on Mete): January I), 1992 I ® Respondent was served with process I I Respondent appeared j 3. THE COURT ORDERS, GOOD CAUSE APPEARING: I a. Sal Judgment of dlssofution be entered,Marital status is terminated and the parties are restored to the status of unmarried persons i (1) F)i on the following date Opacity!: July 9, .1992 ] 12) on a date to be determined on noticed motion of either party or an stipulation, a b. n Judgment of legal separation be entered. i c. I ] Judgment of nullity be entered and the parties are declared to be unmarried parsons on the ground of !specify!: 4. THE COURT FURTHER ORDERS: a, Jurisdiction is reserved to make other and further orders necessary to carry out this judgment. b. Wale's loaner name be restored Opacity!: DEBRA J. JOHNSON c. This judgment shall be entered nunc pro tunc is of(date): 'I a d. Jurisdiction is reserved over all other issues and all present orders remain in effect incept as provided below. ' a. Any payment for spousal or tamely support contained in this judgment shell terminate upon_the death of the payee unless otherwise provided,ity /Rtr � T 41,4tI ' nti );''Z rnliwr t, fJfttsr/Opacity). 5L1: A'1"1`A(;11h:0 ADD.L;NUUM. ►�t d on e t:a 6 t n�uranc a as ctv4ilab1{ -Nw� +fit, �,t'S �n p�o 4'r �d . AS 501' d cline 15 11 eh i ibkk • . 5, Number of pages attached, ''it2 tic 3) ES Signalulr: follows test attachment .:... •..r ar .•rt r_: r-••r ...rr, —• r... —..rrr 1,17,TV'...t=7" —s 1 .--"="1M.rma••1 •!J»pa y71rrrs—ma=,•ra.«,._..........--.-.•...•..:.= -, NOTIClE --• ' 1, RIssse MIAOW your writ,insurance potoies,teiN•mant bonsai plant,and Mhos matters ynu may wont to change in view of the dissolution or annulment of your marriage,Ending your marrisgemay automatioally change•diapasitionmadeby your Male yule former spouse. 2, A debt or obligation may be assigned to one party as pact of the division of property and debts,but It that party does not pay the debt or obligation, the creditor may be obis to collect from the other party, 3, if you Jail In pey any court•ordered child support, an assignment of your wages will be obtained without iurthOrie ' roam wea1.A In s�Ir^t�s�^ ACIs CaxJs JUDGMENT __ - _..... is test.ssa tw.also , JonoSAI SANK, of comoma Ila7 INN .� 1, +snti I. 21102fblo2l .. Y !Family Law! ApR 2 9 s c.,M• i 014 ESXIIUIB! - . f : a;t k 1 I1ARBER'P: DEBRA J. a TREVOR CASE NO: FL 90463 ,JUDGMiNT/ULSSULU'1'IUN OF MA.HHLAGL•' (Continued) Page 2 of 4 2 8 'PHiti C'OUR'T FURTHER ORDERS: 4 1 . CUSTODY AND VISITA'T'ION PURSUANT TO STIPULATION JOINT LEGAL AND PHYSICAL CUSTODY of the minor child, 6 .Ji:RAMIAti GAIBRIEL lLARBERT, born November 14, 1991, is awarded to .7 both parties with PRIMARY PHYSICAL CARE awarded to the 8 Petitioner/Mother and PHYSICAL CUSTODY to the Respondent/Father 9 to include as follows; 10 Alternate weekends (Friday, 5:00 p.m. to Sunday, 1 11 5:00 p.m. ) 1 12 Tuesday/Thursday visits from 5;00 p.m. to 9.00 p.m. 13 Open access with two hours notice to Petitioner/Mother. 14 The above plan to begin January 30, 1992. 15 2. CHILD SUPPORT 16 Monthly gross/not disposable income of the parties, 1 17 $3111.00/Net for Petitioner and $1,763.00/net for Respondent. 18 Respondent is ordered to pay as and for support of said 19 minor child, $+14.00 per month, payable 1/2 on the 1st and 1/2 on 20 the 15th days of each month, commencing February 1, 1992 and 21 continuing until said child, dies, marries, becomes emancipated, 22 reachos 19 or conches Le and is not a full-time high school r 23 st udtmt , or unt. i 1 further .c)rcior of Court , whichever first occurs. 24 J. SPc,u.sni, I,u]>r9R'1' ,e VAS j11riSdAii'on t r 2r '1 Rw ponr o s or rod to pay and for pousa] support • 20 to he firt.i t ic:n , t.ho sum UL 8H.00 por nth, pa bin 1/2 on 27 t.hn 1 t. anti 1/2 on e 15th days v each moat common .iny 28 Fehruiir 1 , 1992 , and co i nu i ng until $e death Hof either party, 902S19 , 10110 I 1 HiARBERT: DEBRA J. h TREVOR CASE NO: FL 90463 1 + JUDGMENT/DISSOLUTION OF MARRIAGE (Continued) Page 3 of A 2 1 3 remarriage of the Petitioner or until further order of Court, 4 whichever first occurs. SEE i15 FOR ADDITIONAL ORDER. i 5 4. COLLECTION OF SUPPORT PAYMENTS 1 6 All child support and spousal support pa ents shall i 7 be made by WAGE AND EARNINGS ASSIGNMENT ORDER _. _ _ �' .4 . + tc t ' . 4Pi�6"acm 4. 1,x1. W'ii .,' 2- O • •t Ori •�, , 9 5. - - - - . - , . ' 1 10 _ • . . .• 11. . . . _ • .. . . . . I• 12 6_ DIVISION OF COMMUNITY PROPERTY i 13 The Petitioner is awarded the 1990 Nissan Sentra, I 14 California license 42VIH5U5 as her sole and separate property. 15 The Respondent in ordered to pay the monthly payment of $19U. 52 ' 16 and deduct said amount from his spousal support obligation i 17 until the vehicle is paid in full . i 18 7, RESTRAINING ORDERS 1 d 19. Each party is enjoined and restrained from: 20 (a) (.oniactiny, molesting, attacking, striking, 1 21 threatening, sexually assaulting, battering telephoning or 22 ut hi rwrso c1itil urhint the peace of the other party. 23 (l,) Transferring, encumbering, hypothecating, , 24 ,•„ric•,,r 1 r n,i „r in OM' w.ry cl I Hpnk ifng of any property, real or 25 l,,•r ,401,.1.1 , whr.t ht.' c;<,mtnru,i , y, quat;I -conununit.y or s:uparal r•, oxcupt. 26 in t hee unua l courne of buniness or for the noc ens i t lee cit life. 27" (u) Contacting the other party at the other 's resident' ? i 28 or p lace of omp 1 uymvn t. except regarding v i s i t a t i o n or in an , • • j 1 HARBE12'1': DEBRA J . b TREVOR CASE; NO: PL 9()463 JUDGMENT/DISSOLUTION OF MARRIAGE (Continued) Page 4 of 4 2 --- 3 emergency. I 4 (d) Neither party shall incur any debts or liabilities 5 for which the other may be held responsible, other than in the 6 ordinary course of business or for the necessities of life. 7 (e) Both parties are restrained from cashing, 1 8 borrowing against, canceling, transferring, disposing of, or 9 changing the beneficiaries of any insurance or other coverage 10 including life, health, automobile and disability held for the 11 benefit of the parties or their minor child. 12 Each party is ordered to stay away at least 100 yards from 13 each other's residence and place of work. EXCEPTIONS: FOR 14 PURPOSES OF VisJ'CATJUN_ 15 PERSONAL CONDUCT RESTRAINTS SHALL EXPIRE: January 30, 1995. JJ •17 DATED: APR 2 rr 1992 4.? / I�*�" DGE OF THE PERIO' COURT 18 ifl .20 21 22 29 24 25 26 • 27 28 002S21 . - , , ' '—'' '''" • -'' '.'"F------" V.'',W-,,t1§,1 '" --ION 401i14 . : . .1-001-.W.,4.kilUki-, , .,, :..,t,g,,,---1,,,L,1,1',',e''-ixa,,.,.t=1,,'", ..:.-.0,-,",:o. J,.....,t.....,:z_. ... ..,,iti,,I.,,,z:d.',;•.--.4:.,,,,,t,..,,,,;,,,,erl,1,070.,-.#.,y,t•4-,: ..,,-,,..*,,S,',4,,_'6,;•:'',i,:•,....r.,,,,,,,,:trit,,,i.",;.)6,4....„.....,Ft ,.,.,..,...,,,,,,-.,,."...;,,,y7r;.,,,,,..../4,,,„tv;:;44.7_%-q.i.,,,,,,,,,...,0 it7,47 krt.w: .',,-4,.:,,,„./..--:,;,,,,H/84;:b•A%‘,.-• .., _,,4.,.5....:,,, ,,•,P,-; • r40....1, s„, i, .:,... ,.., ..,-r- , , ,,,,, ..-=, „,''`,- V,';,.,A '-‘'•1 ■ ,- •.-,",,,,1 . .. .. , • . •••• .-,,.. , • .... , . ..„..,-... • -7 .. . . - ---- • it:$ lc,- r"-) = - ...... r_ —4 -ri 4 < ,.-r, , ,, i ..,.. ■ , . :,......,40. 1....,,, 1 ,--ri 11-21 [..c" ..... .....0 Cl) ....., ,.....„. ; e . . F.:"',---...1 ---,... .-- ,.. .A ! ;:i 1 t:;,:i ;4.,i 1 t—' 1.;0.011/•,,r4 I 1 -< H< Wirit:LT. Z ' 0 0 H C.'.-\'' 1 -1-. :.'"..=— ---0 —1. 1 0 ■ F---t , = j - ....'-7--*::t -,1 --- = 1 t:i it7,3, 1 A 0 17., toiNaLt --i I CD 0 i •--f•---- iln&: p.m, '4titl‘ . ..gt, .44‘ti,.. A■at,4 I rri --i rit > EN] e,"7-43.V .....:,...1, • ,stzt= 1,-0 = n ri."177! .0■41.• ) — fi: --1 = 0. 73 --i 4 vet914 4.,r.,.—- ----.P9,1, pi k sis0- = H • 0 = 0. 4,031140.;..,-- ‘. ,...... 1 0.4, .,.: -.... C —{ 1 , C) ,C) C-) 2 Cili a' visKt 1:a. 4.......-: n CP .•.:.4 ' >Z 'i' > M __,L.77;.,,?,'--I'ffi •I u7, tit, 117'S:orm.■1111.*.k.r ., ''. ",atfe ...e., ,....„ .._, • 4..4 k.a..... .. til •k,,,_,. .:;g2,-', .,-- i z ,.....e: rf.i. •,-.," .. . .:,....._..1 .4.4.:_., ,its_id , -7,, ‘,.J ......i, -ri H3 . itirilk, ':'_ 1... ■ 1:i )H *, I ,__, ',J L.„7,,,., .0...4., .,'•-i_S,,-,=-,1"--,4 e-4, > ,Li, ____ i tri i ,......-, c.- . _ 1 -7,_ m ..- ..,.... .....,, ,_ . !r-4 — ..,.,-, , — , .__ 04-ifli - ! --:, . Z '''''' 1 Cil '.-... . ,..--.; .03m.. 'i M*k t■Z-W.' w.,...%yx,fi 'L-- 1 r''' ''‘ ,ri ''-' ..,i•,'• e.-,,;., '' . ' ■--1-4 s....=.: : .--, r ta....'5' sr., ti•ittiET 1 Ft .,.,,,,' : . t",:fg:t:'.. ',,,iii;69''''' ..,‘,?,-... ; n . eon,- •-■,' , Ars.tal Z' 'ril -- ' . _ . ',14,•-*,z;, :- . ;- ,-..7.•,...§-,,- - T i .--- ...- ''.-.- XI Z Ir-A-,:,•',:-•!, :_...„.., i-d cf) ..._ e-,- -, . rxi •I-< .V"•-ivt,:::,-, - :1, , — ,,„ ,,.... . z Z Vi I i,P;'-'Ar',,,:,i (••• ,'''.-- ' ''11--•?A*,--r , - ! • 3 , ifkgs4 4' 1 1 '71 ....- (.1.-) j ril "<, e-,-'-'---------- fir 4,-, -,,----,,,_ ,,,,,,,,,,-:'..',vim'. ..,--,.,".,-;.:-v.,',.'''.'4,,,, tii;;;;;,'_-.i441:',:--":2-:-„4.0;t:v's.,.,:-.;4,4„:%",_:44.41S.,.:,,..V.4-1,‘...:1'.teife,,,,,,'',,,,...,,e'-,:,?..', w.,?,:_.e,...-,71.--..1,,,'•',,,,,,,,A1,,,k,;:,‘,,,,,,,-...,-.1.-4,.,-..1-iiit...j,,,;!.4it,,..z," . --.C.,,v'r•%,..4 -,,k.'0,,,,,„... 1.:,,"!•,,,,:...",*A*A-,..,,,rk-&-i, .p-',.fif.: • .!----.,..;.'''::,., ':.,"-/•,%'4,, ,,F`.-- , --Aril',42p`v..--,''' ',/,'.V1;fiff-','"- A.'' ,!iis,-,At-,)?....,...;•:,-. ,40.,,,,e, S•, ,,...,"•4 i:,. AVir„....,....,„-. .., ,,..,.1,,,,tW t-....• .'„;;', ofi-,,0 ''''''I'l''''`*'''V°Votilfite,44aes"--5iditfr .'''''. ..'"'-'4147e.' OW---'6'. ' 1 .11,^wm,''''^z.i 6-,0/0""rs''Z'-' %V. 'i:',!1■11‘,_..,,,i,`a.;_..,,,i.;,___,..,gt...,' , 1`.-*21m,,„,S1....,..7 f ,..,i , , r. r•. ,•_, , r.. ,, ,... ,,,. _,,,,. 0.,_ ._.4,...,...„ Vsk *` A`!",,t1VI" it0fre.'‘ ''-7 ''''''.7Wril.•WritP"..;;;:a :....,,,d7'4,,, al-W . -..'''', - '' :AP"...11,...-__.„4..... ._,.,. ' ....._.._.2441';_..21!-------.44..-- - . "7 , . . , •__ 41.1 i--4,d4t177 -,.T'i, •,.,.;ip,.: iik..:. , •--.4:-,.,,--r-1,--'.,,i1,-,{-%'' DONALD RUTZ, , ;v411' i a,' Plaintiff l "°� ui►.i,� V. IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT DEBRA JOHNSON, n/k/a DEBORAH RUTZ, n/k/a DEBORAH HARBERT, Defendant 2012-0 6607 CIVIL TERM PETITION TO ANNUL VOID MARRIAGE PURSUANT TO 23 PA. C.S.A. §3304 ORDER OF COURT AND NOW, this 1st day of November 2012, upon consideration of Plaintiff's Petition to Annul Void Marriage Pursuant to 23 Pa. C.S.A. §3304, a Rule is issued upon Defendant to show cause why the relief requested should not be granted. RULE RETURNABLE within 20 days from the date of service of this Order of Court by Plaintiff. BY THE COURT, Thoma A. Placey C.P.J. C") a 4. Distribution List: rr o - z= c -0rn Marylou Matas, Esq. co ' o& 26 West High Street <= -v =o Carlisle, PA 17013 as a Debra J. Johnson 12370 Joshua Road Victorville, CA 92392 DONALD RUTZ, : IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF CUMBERLAND, PENNSYLVANIA • v. • NO. 2012-6607 CIVL TERM DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, • DEBORAH HARBERT, Defendant J. PLACEY ORDER OF COURT AND NOW, this day of , 2013, upon consideration of the within Petition for Special Relief, service upon Defendant of the Petition to Annul Void Marriage and Order of Court dated November 1, 2012 shall be deemed properly completed as of January 14, 2013. BY THE COURT, , J. cc: Marylou Matas, Esquire Attorney for Petitioner Debra Johnson 940 Mesquite Drive Barstow, CA 92311-5508 Law Offices of Saidis Sullivan k Rogers 6 West High Street iarlisle,PA 17013 DONALD RUTZ, • IN THE COURT OF COMMON PLEAS Plaintiff • COUNTY OF CUMBERLAND, PENNSYLVANIA • v. • NO. 2012-6607 CIVL TERM c _03 —+ DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION - LAW =r-T1 F DEBORAH RUTZ, n/k/a, : DEBORAH HARBERT, • -c?' co Defendant • J. PLACEY -a PETITION FOR SPECIAL RELIEF NOW COMES, Petitioner, Donald Rutz, by and through his attorney, Marylou Matas, Esquire, and petitions this Honorable Court as follows: 1. Petitioner is Donald Rutz, Plaintiff in the above captioned divorce matter, and an adult individual residing at 23 Ridge Avenue, Carlisle, Pennsylvania 17013. 2. Respondent is Debra J. Johnson, Defendant in the above captioned divorce matter, and whose address is currently unknown to Petitioner. 3. Petitioner and Respondent were married on May 11, 1992 in Colton, California. 4. Petitioner and Respondent separated in July 1992 and Petitioner has had one telephone call with Respondent in 2009, but has not had any information regarding her location since June 1993. 5. In 1994, Petitioner moved to Pennsylvania and has not resided in California since. 6. On October 24, 2012, Petitioner filed a Petition to Annul Void Marriage. 7. On November 1, 2012, this Honorable Court issued a Rule returnable twenty (20) days from the date of service on Respondent. Law Offices of 8. Petitioner's counsel conducted a Westlaw People Search using Saidis Respondent's social security number and was provided a list of seven (7) Sullivan assumed aliases for Respondent, including: Debra Chapman, Debra Smith, k Rogers Debra J. Toenes, Debbie Johnson, Deborah J. Harbert, Debra Besherse, Debra 6 West High Street Carlisle,PA 17013 Siemsen and various spellings of the above. 9. Respondent's last known address is 12370 Joshua Road, Victorville, San Bernardino County, California. 10. Petitioner has attempted service of the Petition and Order at the three (3) most likely addresses for Respondent, based upon the number of times the addresses were reported in the last three (3) years and the connection between the aliases, and all have been returned as undeliverable and una ate be -40Z -a forwarded, except one, addressed to Debra Smith at 940 Meg iveF I =pp r~ Barstow California. 1 — co ca 11. Petitioner's counsel has contacted the appropriate Sane:;:rnardin County post offices and has been unsuccessful in receiving arcaddt iona `_: c cs _ information regarding Respondent's current address. .-- fi 12. A majority of the possible addresses provided by Westlaw People Search' were located in San Bernardino County, California. 13. A search of the California criminal records revealed that Respondent does have a criminal background, but is not currently on probation and no address was available. 14. A search of WhitePages.com – Online Directory Assistance and Google have not produced address information for Respondent. 15. On January 14, 2013, Defendant contacted Attorney Hannah White- Gibson and stated that she had received the Petition to Annul Void Marriage and the Order of Court at her current address of 940 Mesquite Drive, Barstow, California. 16. Defendant stated she would sign the enclosed acceptance of service and return it in the enclosed envelope. 17. Defendant and Attorney White-Gibson spoke again on February 19, 2013 where Defendant again confirmed that she had received the information and advised that she had sent in the acceptance of service. 18. As of the date of filing, Defendant has failed to return the acceptance of service. Law Offices of 19. Based upon the foregoing searches and direct contact with Defendant, Saidis Petitioner believes that he has made proper service of the Petition to Annul Void Sullivan Marriage and Order of Court dated November 1, 2012 on the Defendant. Sr. Rogers 6 West High Street Carlisle,PA 17013 ... ...... ...... WHEREFORE, Petitioner prays this Honorable Court find Plaintiff has executed proper service on the Defendant on January 14, 2013 and allow Plaintiff to proceed in this matter as such. SAIDIS, SULLIVAN & ROGERS Marylou Math Esquire Supreme Court ID No. 84919 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Petitioner Law Offices of Saidis Sullivan z Rogers i West High Street ;arlisie,PA 17013 . V • DONALD RUTZ, : IN THE COURT OF COMMON PLEAS Plaintiff • COUNTY OF CUMBERLAND, PENNSYLVANIA • v. • NO. 2012-6607 CIVL TERM DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, DEBORAH HARBERT, • Defendant VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties rr 18 Pa. C.S. §4904, relating to unsworn falsifications to authorities. Don d Rutz, Petitioner Date: S 1i(ic Law Offices of Saidis Sullivan & Rogers :6 West High Street Carlisle,PA 17013 . s► • DONALD RUTZ, : IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF CUMBERLAND, PENNSYLVANIA v. : NO. 2012-6607 CIVL TERM • DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, DEBORAH HARBERT, Defendant • J. PLACEY VERIFICATION I verify that the statements made in the foregoing document 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 falsifications to authorities. Hannah White-Gibson, squire Date: 3/1, 1 13 Law Offices of Saidis Sullivan S Rogers 6 West High Street �arlisle,PA 17013 DONALD RUTZ, : IN THE COURT OF COMMON PLEAS Plaintiff • COUNTY OF CUMBERLAND, PENNSYLVANIA • v. NO. 2012-6607 CIVL TERM DEBRA J. JOHNSON, n/k/a, : CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, • DEBORAH HARBERT, Defendant • J. PLACEY CERTIFICATE OF SERVICE I hereby certify that on this - � E day of March, 2013, a true and correct copy of the foregoing document was served upon the party listed below, via First Class Mail, postage prepaid, addressed as follows: Debra Johnson 940 Mesquite Drive Barstow, CA 92311-5508 SAIDIS, SULLIVAN & ROGERS Mary U M� , Esquir --' Supreme Co ID No. 84919 26 West High Street Carlisle, PA 17013 717-243-6222 Law Offices of Saidis Sullivan & Rogers West High Street Carlisle,PA I7013 de DONALD D. RUTZ, ' N Plaintiff v. IN THE COURT OF COMMON PLEAS DEBRA J. JOHNSON, N/K/A, OF THE NINTH JUDICIAL DISTRICT DEBORAH RUTZ, N/K/A, DEBORAH HARBERT, Defendant 2012-06607 CIVIL TERM IN RE: PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW,this 26th day of March 2013, upon consideration of the Petition for Special Relief, specifically requesting that the court declare that the service upon Defendant of the Petition to Annul Void Marriage and Order of Court dated 1 November 2012 be deemed properly completed as of 14 January 2013 Oursuant to telephonic communication, a RULE to show cause why this relief should not be granted is issued upon Defendant, Debra Johnson at the address given in that telephonic communication of 14 January 2013. Defendant is advised that if no response is heard on this RULE by 26 April 2013, then the special relief shall be granted. Further, Defendant is advised that in lieu of a response to this RULE she may sign and deliver the acceptance of service previously posted to her and return it in that previously enclosed envelope supplied by Plaintiff's counsel. BY Thomas A. Placey C.R IJ. r - Distribution: -0= rn� -' 201 'gym Marylou Matas, Esq. D o r) ✓ Debra Johnson r-z _,C, v 'rl yes nta,/eel ��,/3 v Syr DONALD RUTZ, IN THE COURT OF COMMON PLEAS Plaintiff COUNTY OF CUMBERLAND, PENNSYLVANIA V. NO. 2012-6607 CIVIL TERM DEBRA J. JOHNSON, n/k/a, ; CIVIL ACTION — LAW DEBORAH RUTZ, n/k/a, DEBORAH HARBERT, Defendant J. PLACEY ORDER OF COURT AND NOW, this TA—tday of , 2013, upon presentation of the attached Motion to Make the Rule Absolute, the Order for special relief is hereby Granted and Defendant is deemed properly served with Plaintiff's Petition to Annul Void Marriage. Additionally, upon-consideration of Plaintiff's Petition to Annul Void Marriage Pursuant to 23 Pa.C.S.A. §3304, it is hereby determined that the marriage between Donald Rutz and Debra J. Johnson is declared void as of May 11, 1992 and is annulled. By the ourt J• Thomas A.Placey Common Pleas Judge Distribution: Marylou Matas, Esquire Attorney for Plaintiff Law Offices of Saidis C Sullivan KDebra J. Johnson, pro se ro C..j & Rogers Respondent = � r 26 West x 940 Mesquite Drive C arlisle,PA 1 High street Barstow CA 92311-5508 -<>. ' C MaiLL Cap -torn