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HomeMy WebLinkAbout04-5834 v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. Ocr, ~~~~.~ FRED R. ROSENBERRY Plaintiff SHELLEY M. ROSENBERRY Defendant : CIVIL ACTION - LAW : DIVORCE NOTICE 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 in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriaie counseling. A list of marriage counselors is available in the Office of Courth Administrator, 4 Floor, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Court Administrator 4th Floor, Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 FRED R. ROSENBERRY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0 L./ -' 5<63'1- SHELLEY M. ROSENBERRY Defendant : CIVIL ACTION - LAW : DIVORCE COMPLAINT AND NOW, comes Plaintiff, Fred R. Rosenberry, by and through his attorney, James W. Abraham, Esquire, Abraham Law Offices, Camp Hill, Pennsylvania, 17011, and files the following: COUNT I - DIVORCE (Pursuant to 23 Pa.C.S.A. Section 3301(c)) 1. Plaintiff, Fred R. Rosenberry, is an adult individual who currently resides at 408 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania. 2. Defendant, Shelley M. Rosenberry, is an adult individual who currently resides at 408 West Main Street, Walnut Bottom, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 12,2000 in Shippensburg, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Defendant may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are not members of the Armed Forces of the United States. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce dissolving the marriage. COUNT II - INDIGNITIES 9. Paragraphs 1 through 8 are incorporated herein by reference. 10. Defendant has caused such indignities against Plaintiff which has made life burdensome and intolerable for Plaintiff, the innocent and injured spouse. WHEREFORE, Plaintiff respectfully requests Your Honorable Court to enter a decree in divorce dissolving the marriage. Respectfully submitted: James W. Abraham, Esq. Abraham Law Offices 2157 Market 81. Camp Hill, PA 17011 (717) 763-1700 Attorney for Plaintiff, Fred R. Rosenberry DATE: 11119/04 VERIFICATION I, +vGE'O ~, ~SI::V\1S8((qt '1 , the undersigned, hereby verify and confIrm that I have reviewed the foregoing document and the statements made therein are true and correct to the best of my knowledge, information and belief. I hereby further understand that any false statements made therein are subject to the penalties ofPa. C.S.A. Section 4904 relating to unsworn falsification to authorities. DATE: ff/IJ!O<f CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document, by certified mail, upon the following person at the following address on the date stated herein: Shelley M. Rosenberry 408 West Main St. Walnut Bottom, P A 17266 DATE: 11/19/04 James W. Abraham, Esquire - ~ f:- yu 5~ ~ ~ - ~ ~ o ~ t" _ ' () c- ,-j. l, , :::j -, ~ ~ = ..J:- C) "'JI ....J :1_ ...,., {i'lp.:' r~' f::J ~~i'-~~ - '-q ~"'?h ;";r n >:1 c ......,:: \.D ::.:: co c' r0 .;~ ,,,," ~':n ..< FRED S. ROSENBERRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW SHELLEY M. ROSENBERRY, Defendant : NO. 04-5834 : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of SHELLEY M. RAUBER. . . , '--, . 'lid\ k~""lJ ~ < 'f'.. ~ '. '" ", 'I \' , ,',~ " \. It( \ l' J' ,JJ)J / }V rL- SHELLEY . ROSEN ERRY 'J \~\ ULt'jM ' Rcmbt)'v SHELLEY . RAUBER COMMONWEALTH OF PENNSYLVANIA COUNTY OF tuu~~b.<.>tia.I,JL On this l.5thdayof ~b)UUul.{; , 200-S-, bdore me, the undersigned officer, personally appeared " Y\ ' , , now known as ,}~IId.. 11II1?c-ll' [.,v,-, known to me (or satisfacto proven) to be the person whose name is subscribed to the within : SS document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ~'-a~ Notary Public IlOTAAIAl SEAl. IIOBIIII GOSHORN, NI)TAR'( PUBLIClY CNlllSlE Bollll CUMBI~COUN MY COMMISSION'EXPlRE:S APRlll1 2007 ~\\ ~ ~ ~, -;:- ~ :J ~ Q - \ <Y1 ~ 'r- . "' ..-.. .-. ~',";_...,._.,-, '-'. 1""'.'~ FRED R. ROSENBERRY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA v. : NO. 04 - 5834 CIVIL SHELLEY M. ROSENBERRY Defendant : IN DIVORCE AFFIDA VII OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on November 19,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of service and filing 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 the Affidavit are true and correct. I tUlderstand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the unsworn falsification to authorities. . /...-----,. //} / / 'I / /;'~;/7 . jj!'.. ~ (/~ ~ ~ ~;tl/'L!.e4' ~ < FRED R. ROSENBERRY /~ WAIVER OF NOTICE OF INTENTION TO REOUEST ~~ ENTRY OF DIVORCE DECREE UNDERSETION 3301(c) OF THE DIVORCE CODE DATE:':)/2;-v c:; 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced tUltil 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904, relating to the unsworn falsification to authorities. ~.'/9-/'oc- DATE:, ? "-<-.) /) ~ /7/~/ . . ~X;::h:2//~~. FRED R. ROSENBERRY ~ (2 '- .~ ';j, ~j-. c;.: -- ~2 c.;:- () -,\ -:':;j --:;.:) --- !.: - FRED R. ROSENBERRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-5834 CIVIL TERM SHELLEY M. ROSENBERRY, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. i\. Con~plaint in Divorce under g3301 (c) of the Divorce Code 'yVdS fi~t;J OIl November ]9,2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date offi]ing 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 of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF ]8 Pa.C.S. ~4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. DATE: Y-Olf-65 <:) -" \~... " ~'~t.j ~ :fJ <" ;. Q, c? /' .V:; FRED R. ROSENBERRY, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO. 04-5834 CIVIL TERM SHELLEY M. ROSENBERRY, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary . I VERlFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORlTIES. DATE: Lt-()Lt-Ca \ n1tlthv . ROSENBERRY, Defen nt ~ 0 r;::) -n c~ <._;"1 .~ :::;",0; .r.;- :':J' ...~. <;? .- v:> FRED R. ROSENBERRY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO.04 - 5834 CIVIL SHELLEY M. ROSENBERRY Defendant : DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the Record. together with the following information. to the Court for the entry of a divorce decree: I. Ground for Divorce: irretrievable breakdown under Section (x) 3301(c) ( ) 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the Complaint: November 24. 2004; see attached Affidavit of Service. 3. Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff on 3/29/05; and by Defendant on 4/4/05. (b)(I) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of plaintiff's affidavit upon the Defendant 4. Related claims pending: None. pursuant to Marital Settlement Agreement dated February 24,2005. 5. Complete either paragraph (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: 4/14/05. (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: 4/14/05. Respectfully submitted: ~dr- DATE: 5/6/05 James W. Abraham, Esquire Abraham Law Offices 2157 Market St. Camp Hill. P A 170 II (717) 763-1700 Attorney for Plaintiff, Fred R. Rosenberry ';j, ;:;::::> ".I' ....,::'" ~~~ :::.(.. \ ...0 c:~ "..,.,. ::i o -" ~.v"";. ::.>-- -- -- :;::' "p ~ ~ FRED R. ROSENBERRY Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04 - 5834 SHELLEY M. ROSENBERRY Defendant : CIVIL ACTION - LAW : DIVORCE AFFIDAVIT OF SERVICE I, James W. Abraham, Esquire, the undersigned, as attorney for Plaintiff, Fred R. Rosenberry, in the above-captioned action, hereby affirm that the Complaint in Divorce filed herein, was served upon Defendant, Shelley M. Rosenberry, by certified mail on November 24, 2004, as verified by the green return receipt card from the US Post Office. which is attached below: , ' SENDER: COMPLETE THIS SECTlO,V . Complete items 1, 2, and 3. Also complt?>t/:>, item 4 if Restricted Delivery is desired. . Print your name and address on the reverse 50 that we can retumthe card to you. . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~tfuLt:L uf NJe~l='Y'..A' l{oJ W IA1,tIZc sf. WAlUv/ lS()(1CU(/ /4 1'7)..06 3. Service ype ert;f;ed Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 7003 1680 0001 9210 1281 PS Form 3811, July 1999 Domestic Return Receipt lD2595.00.M.0952 DATE: ;--(rDr;- /d~ ------ James W. Abraham, Esquire ., '-;-~ ,r;?, '2..> 'if} ~~: ~:::: ~6 <:c. Q -::::; "\~, ~ L_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :t';f'f'f Of:+: :+::f:f.:f. . . . . . . . . . . . . . . ... .. 'H '+'~ :+':+;'f'f :+: + 'f++'f'+':+':+:++:+':+: + +'f++:+: :+:++'f++++:+'++ +++++++++~ . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. . . . . . . . . . . . . . . . . . . . . . . . . FRED R. ROSENBERRY No. 04 - 5834 VERSUS SHELLEY M. ROSENBERRY DECREE IN . . . . . , . DIVORCE + WI.> r-J 2- , IT IS ORDERED AND AND NOW, 2005 DECREED THAT FRED R. ROSENBERRY , PLAINTIFF, AND SHELLEY M. ROSENBERRY , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; The Marital Settlement Agreement dated February ~4, 2005 shall be incorporated, but shall not merge, into the Decree in Divorce. +++:+:++:+.+ ++ 'f++ ++'f+'f+ . . . . . . . . . . . . . . . . . . + . + + 'f''f+:+''f'f++++:+:+'fOf.'f'f'f++ By THE COURT: J. u/ /7 ~1i1. ~ {u, ~. -- ~ROTHONOTARY '+' +:-t:+'" :+: :f+ +:+: 'f +++,+,;+';1',+,,+,++:+ + + . + . . . . . . , . , . + , . . , . . . . . . . + . . . . . . . . . . , . . . . . . . , . . . . . . . . . + . . . . , . . . . . . . . . . . . ~//f/ ~.2 /(/2'">1,' iT~!< 50. D ->' ...~./p J;i? '7- ~7>r ~,? /'>~~/ _>i;J ~-/ c. . .