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HomeMy WebLinkAbout04-6113 ,. WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04- 011J CIVIL TERM BARRY E. SARBER, Defendant : 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. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COUNTY COURTHOUSE. CARLISLE, PENNSYLVANIA 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 A hearing on the issues of support or alimony pendente lite advanced in the within Complaint is demanded. W~ad~ Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LA W v. : NO. 04- CIVIL TERM BARRY E. SARBER, Defendant : IN DIVORCE COMPLAINT COUNT I DIVORCE 1. Plaintiff in this Action in Divorce is ROXANNE C. SARBER, an adult individual whose address is P.O. Box 72, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is BARRY E. SARBER, an adult individual and citizen of the United States of America who resides at 1206 Forge Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. , WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 4. Plaintiff and Defendant were lawfully joined in marriage on May 9, 1993, in Carlisle, Pennsylvania. 5. The parties have been living separate and apart since January 28, 2004. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken. In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render the condition of Plaintiff intolerable and the life of Plaintiff burdensome. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own concerns. -2- ., WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 10. Defendant herein is not a member of the armed forces of the United States of America. 11. There was one child born to the parties, namely, Stacey Lynn Sarber, born December 18, 1993. 12. Plaintiff has no adequate means of support for Plaintiff or the child. 13. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 14. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. -3- ..... 15. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WHEREFORE, Plaintiff demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. COUNT III ALIMONY AND ALIMONY PENDENTE LITE 16. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay to Plaintiff alimony and alimony pendente lite. COUNT IV COUNSEL FEES, EXPENSES AND COSTS 17. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay counsel WAYNEF. SHADE fees, expenses and costs of Plaintiff. Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- ." WAYNEF. SHADE Attorney at Law ;3 West Pomfret Street :arlisle, Pennsylvania 17013 COUNT V CUSTODY 18. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment awarding custody of the child to Plaintiff. wa~~a::~ Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -5- ."" WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 I verify that the statements made in this pleading 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. Date: December 1, 2004 r:c:DifatlJ1L ~~r1ae(' ~e C. Sarber V' ..", WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LA W v. : NO. 04- CIVIL TERM BARRY E. SARBER, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this day of , 2004, upon consideration of the within Complaint, it is hereby directed that the parties and their respective counsel, if any, appear before , the conciliator, at on ,20_, at o'clock _.M., for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order. All children aged five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court. please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. .." WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO NOT HAVE A LA WYER 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 Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 F or the Court, By: Hubert X. Gilroy, Esquire Wayne F. Shade, Esquire Attorney for Plaintiff P. Richard Wagner, Esquire Mancke, Wagner & Spreha Attorneys for Defendant ., ROXANNE C. SARBER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LA W v. NO. 04- CIVIL TERM BARRY E. SARBER, Defendant IN DIVORCE ORDER OF COURT AND NOW, this _ day of ,2004, upon consideration of the attached Petition for Alimony Pendente Lite and'or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on . at for a conference, at 13 North Hanover Street, Carlisle, Pennsylvania 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. You are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this Order, completed as required by Rule 1910.11(c) (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required docwnents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Date of Order: Conference Officer YOU HAVE THE RIGHT TO A LAWYER WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. Cwnberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 AMERlC ANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland Coun~' IS required by law to comply with the Americans with Dtsabthties Act of 1990 For mformation about accessible facilities and reasonable accommodations available to disabled individuals haVlflg business before the Court, please contact our office All arrangements must be made at least 72 hours pnor to any hearing or business before the Court You must attend the scheduled conference or hearing. Wayne F. Shade, Esquire Attorney for Plaintiff P. Richard Wagner, Esquire Mancke, Wagner & Spreha Attorneys for Defendant J DRS ATTACHMENT FORAPL PROCEEDINGS PETITIONER: Roxanne C. Sarber DOB: June 6, 1968 SSN: 189-64-1081 ADDRESS: P.O. Box 72, Boiling Springs, Pennsylvania 17007 PHONE: 717-448-2472 ATTORNEY : Wayne F. Shade, Esquire PETITIONER'S EMPLOYMENT: Medical Multiplex HOW LONG: 6 months NET PAY: $650.00 PER: Bi-weekly JOB TITLE: CNA OTHER INCOME (AMOUNT, SOURCE): $450/month child support for 2 other children RESPONDENT: Barry E. Sarber DOB: November 29, 1963 SSN: 203-48-2981 ADDRESS: 1206 Forge Road, Carlisle, Pennsylvania 17013 PHONE: 717-249-3233 ATTORNEY: Unknown RESPONDENT'S EMPLOYMENT: Fry Communications HOW LONG: 20 years NET PAY: $900.00 PER: Bi-weekly JOB TITLE: Typesetter OTHER INCOME (AMOUNT, SOURCE): None WHEN MARRIED: May 9,1993 WHERE: Carlisle, Pennsylvania DATE SEPARATED: November 17,2004 WHERE LAST LIVED TOGETHER: 1206 Forge Road, Carlisle, Pennsylvania 17013 FOR DRS INFORMATION ONLY ~ ~ ~f\ 1* ~. "- G..\ \.1'\ ~ ~ l..1 () ~ €' VI 0- '0 \.l ~ VI \ 4 +~ t " (-) c~; ......, ,-:::;::> :i:! c_J rn C"j , -1 ~-T l \~\-, o -'\'t '-\k) -1 "'l1 f\"1I-.. ~'~\\li P ~(\~'-' ~:::,\~ -J~: . I ...-- (')1 - :::..\ .- ::p "':0 --- '- 0( (_/ - ,;..., -k'- :~ (.n ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LA W v. : NO. 04-6113 CIVIL TERM BARRY E. SARBER, Defendant : IN DIVORCE PRAECIPE TO: Curtis R. Long, Prothonotary Please enter our appearance and acknowledgment of receipt of a certified copy of the Complaint in the above-captioned matter on behalf of Defendant. Date: December 14, 2004 chard Wagner, Esquire Mancke, Wagner & Spreha 2233 North Front Street Harrisburg, Pl~nnsylvania 17110 Attorneys for Defendant (-; r~ ) ,-":'~- , r:"'"t t'.".) r',,:' ."." C l., yS JAN 1 4 2005 ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION . LAW BARRY E. SARBER, Defendant : NO. 2004-6113 CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this :J.& -thday of UAMW"II? '/ ,2005, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: l. A Hearing is schedulrd in Court Room No. _.5 , of the cumberlanf jJ County Court House, on the';; ?thlay of /nARi A ,2005, at /: oa mONlYI~ o'clock, L. M., at which time testimony will be taken. For purposes of this Hearin ,_ the Mother shall be deemed to be the moving party and shall proceed initially with testimony. Counsel for each party shall file with the Court at1d opposing counsel a Memorandum setting forth each party's position on custody, a list of witnesses who will be expected to testify at the Hearing and a sununary of the anticipated testimony of each witness. These Memoranda shall be filed at least ten days prior to the Hearing date. 2. Pending further Order of Court or agreement of the parties, the following shall remain in effect: 3. The Mother, Roxanne C. Sarber, and the Father, Barry E. Sarber shall have shared legal custody of Stacey Lynn Sarber, born December 18, 1993. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the child's general well-being including, but not limited to, all decisions regarding her health, education and religion. 4. Mother shall have primary physical custody of the child. 5. Father shall have the following periods ofpartia1 physical custody of the child beginning Friday, January 14,2005: A. Alternating weekends from Thursdays at 5:30 p.m. to Monday morning when Father will assure that the child arrives at school or if there is no school at a time agreed by the parties. B. On the off week, Thursday overnight from 5:30 p.m. to Friday morning when Father will assure that the child arrives at school of if there is no school at a time agreed by the parties. C. Such other times as the parties agree. 6. Father shall be responsible for all transportation. 7. The parties may modify this Order by mutual agreement. In the absence of mutual consent, the terms of this Order shall control. J. cc:~yne Shade, Esquire, counsel for Mother ,A'. Richard Wagner, Esquire, counsel for Father V:i'\,,!/.:.'~j A.U\]r:cC' "'.":~'v\nJ Ei \ :2 ~:d LZ NW SUllZ Ai::N10NCYMl.Cdd 3Hl :10 :Y',~~".rqll-1 _,J'......_,\.'\.l-, ,.. JAN 1 4 2005 ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION -LAW BARRY E. SARBER, Defendant : NO. 2004-6113 CIVIL TERM : IN CUSTODY PRIOR JUDGE: None CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Stacey Lynn Sarber December 18,1993 Mother 2. A Conciliation Conference was held January 13, 2005 with the following individuals in attendance: The Mother, Roxanne C. Sarber, with her counsel, Wayne Shade, Esquire, and the Father, Barry E. Sarber, with his counsel P. Richard Wagner, Esquire. 3. Mother's position on custody is as follows: Mother seeks shared legal and primary physical custody of the Child with Father having liberal periods of partial physical custody. Mother asserts that the Child has a close relationship with her two half sisters and that a shared physical custody arrangement would interfere with that relationship and her stability regarding school. 4. Father's position on custody is as follows: Fathe:r seeks shared legal and shared physical custody of the Child on a week on/week off basis. The parties live in the same school district, only four miles apart. Father maintains that he has a close relationship with the Child which will be negatively affected ifhe does not have shared physical custody. He does not believe that shared physical custody would be disruptive to the Child's education. 5, The Conciliator recommends an Order in the form as attached scheduling a Hearing and entering an Order of shared legal custody, Mother having primary physical custody and Father having alternating weekends, Friday to Monday and every Thursday overnight. It is expected that the Hearing will require one-half (1/2) day, I ~ ILl ~o<:; Date i,L~~L ~.~ ~1. Verney, EsqUire Custody Conciliator ROXANNE C. SARBER, Plaintiff/Petitioner IN THE COURT OF COMMON PLEAS OF CUMBERLANn COUNTY, PENNSYLVANIA VS. CIVIL ACTION - I>IVORCE BARRY E. SARBER, Defendant/Respondent NO. 2004-6113 IN I>IVORCE CIVIL TERM P ACSES# 912107072 ORDER OF COURT AND NOW. this 22"d day of February, 2005, upon consideration of the attached Petition for Alimony Pendente Lite andlor counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on March 22. 2005 at 10:30 A,M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Retum, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11<0 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you tail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 2-22-05 to: < Petitioner Respondent Wayne Shade, Esquire P. Richard Wagner, Esquire " 11 -I 1 (;;l--:---- C Date of Order: February 22, 2005 ~ d , ~. 'J. ShAdday, Conference Officer ( YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTENn THE CONFERENCE ANn REPRESENT YOU. IF YOU no NOT HAVE A LAWYER OR CANNOT AFFORI> ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FINn OUT WHERE YOU MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 CC361 /lPII" J L"",,.,.. -"t- ~',':J, ------- ---- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04- ~,'I 3 CIVIL TERM v. BARRY E. SARBER, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend sigainst 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 entl~red against you by the Court. A judgment may also be entered against you for any other claim or relief re'quested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at CUMBERLAND COlJNTY COURTHOUSE. CARLISLE. PENNSYLVANIA 1~<t13 0 (',: '" ,.l IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, ~A. WYIlR'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU 1vM.V LOSE', THE RIGHT TO CLAIM ANY OF THEM. " YOU SHOULD TAKE TillS 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 Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 A hearing on the issues of support or alimony pendente lite advanced in the within Complaint is demanded. ~~~ ~;hade, Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, P"nnsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff ,,~ ~, ,-- WAYNE F. SHADE Attorney al Law 53 West Pomfret Street Carlisle. Pennsylvania 17013 ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v. : NO. 04- CIVIL TERM BARRY E. SARBER, Defendant : IN DIVORCE COMPLAINT COUNT I DIVORCE 1. Plaintiff in this Action in Divorce is ROXANNE C. SARBER, an adult individual whose address is P.O. Box 72, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. Defendant is BARRY E. SARBER, an adult individual and citizen of the United States of America who resides at 1206 Forge Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Defendant has been a bona fide resident of Cumberland County, Pennsylvania, for more than six months previously to the filing of this Complaint and continuing to the commencement of this Action in Divorce. WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania l7QU 4. Plaintiff and Defendant were lawfully joined in marriage on May 9, 1993, in Carlisle, Pennsylvania. 5, The parties have been living separate and apart since January 28, 2004. 6. Plaintiff avers as the grounds on which this action is based that the marriage of the parties is irretrievably broken, In the alternative, Plaintiff avers as the grounds on which this action is based that Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to rend'~r the condition of Plaintiff intolerable and the life of Plaintiff burdensome. 7. There have been no prior actions for divorce or annulment of this marriage in Pennsylvania or in any other jurisdiction. 8. This Action in Divorce is not collusive. 9. Both parties to this Action in Divorce are legally capable of managing their own concerns. -2- WAYNE F. SHADE Attorney at Law 53 Wesl Pomfret Street Carlisle, Pennsylvania non 10. Defendant herein is not a member of the armed forces ofthe United States of America. 11. There was one child born to the parties, namely, Stacey Lynn Sarber, born December 18, 1993. 12. Plaintiff has no adequate rneans of support for Plaintiff or the child. 13. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff demands judgment dissolving the marriage between the parties. COUNT II EQUITABLE DISTRIBUTION 14. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. -3- 15. Plaintiff and Defendant possess various items of marital property which are subject to equitable distribution by the Court. WHEREFORE, Plaintiff demands judgment equitably distributing all marital property owned by the parties and such further relief as the Court may deem equitable and just. COUNT III ALIMONY AND ALIMONY PENDENTE LITE 16. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment cornpelling Defendant to pay to Plaintiff alimony and alirnony pendente lite. COUNT IV COUNSEL FEES, EXPENSES AND COSTS 17. The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fully set forth. WHEREFORE, Plaintiff demands judgment compelling Defendant to pay counsel WAYNEF. SHADE fees, expenses and costs of Plaintiff. Anomey at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -4- WAYNEF.SHADE Attmney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 COUNT V CUSTODY 18, The averments of Paragraphs 1 through 13 inclusive above are incorporated herein by reference as though fu\1y set forth. WHEREFORE, Plaintiff demands judgment awarding custody of the child to Plaintiff. t:b( ;(' ~ Wayne'~ad;' Esquire Supreme Court No. 15712 53 West Pomfret Street Carlisle, Pennsylvania 17013 Telephone: 717-243-0220 Attorney for Plaintiff -5- WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Permsylvania 17013 I verifY that the statements made in this pleading 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. Date: December 1, 2004 r::2./!fl..fllU t(jr1der ~ne C. Sarber WAYNE F. SHAOE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF ; CUMBERLAND COUNTY, PENNSYL VANIA ; CIVIL ACTION - LAW v. : NO. 04- CIVIL TERM BARRY E. SARBER, Defendant ; IN DIVORCE ORDER OF COURT AND NOW, this day of , 2004, upon consideration of the within Cornplaint, it is hereby directed that the parties and their respective counsel, if any, appear before , the conciliator, at on ,20_,at o'clock _.M., for a Pre- Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court, and to enter into a temporary order, All children aged five or older may also be present at the conference. Failure to appl~ar at the conference may provide grounds for entry of a temporary or pennanent order. The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonnation about accessible faciilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 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 Street Carlisle, Pennsylvania 17013 Telephone: 717-249-3166 For the Court, By: Hubert X. Gilroy, Esquire Wayne F. Shade, Esquire Attorney for Plaintiff P. Richard Wagner, Esquire Mancke, Wagner & Spreha Attorneys for Defendant tf/J. jO'i07CA DRS ATTACHMENT FOR APL PROCEEDINGS ~ PETITIONER: Roxanne C. Sarber DOB: June 6,1968 SSN: 189-64-1081 ADDRESS: P.O. Box 72, Boiling Springs, Pennsylvania 17007 PHONE: 717-448-2472 ATTORNEY: Wayne F. Shade, Esquire PETITIONER'S EMPLOYMENT: Medical Multiplex HOW LONG: 6 months NET PAY: $650.00 PER: Bi-weekly JOB TITLE: CNA OTHER INCOME (AMOUNT, SOURCE): $450/month child support for 2 other children RESPONDENT: Barry E. Sarber DOB: November 29, 1963 SSN: 203-48-2981 ADDRESS: 1206 Forge Road, Carlisle, Pennsylvania 17013 PHONE: 717-249-3233 ATTORNEY: Unknown RESPONDENT'S EMPLOYMENT: Fry Communications HOW LONG: 20 years NET PAY: $900.00 PER: Bi-weekly JOB TITLE: Typesetter OTHER INCOME (AMOUNT, SOURCE): None WHEN MARRIED: May 9, 1993 WHERE: Carlisle, Pennsylvania DATE SEPARATED: November 17, 2004 WHERE LAST LIVED TOGETHER: 1206 Forge Road, Carlisle, Pennsylvania 17013 FOR DRS INFORMATION ONLY C' t. 'SL€LL In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION ROXANNE C. SARBER ) Docket Number 04-6113 CIVIL Plaintiff ) VS. ) PACSES Case Number 912107072 BARRY E. SARBER ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 16TH DAY OF MARCH, 2005 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or W Other REQUEST FOR APL CONFERENCE filed on JANUARY 20,2005 in the above captioned matter is dismissed without prejudice due to: THE PETITIONER WITHDRAWING HER REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE THE CONFERENCE SCHEDULED FOR MARCH 22, 2005 IS CANCELLED. o . !he Complaint or Petition may be reinstated upon written application of the plaintiff petItIOner. DRO: RJ Shadday xc: P. Richard Wagner, Esquire Wayne Shade, Esquire plaintiff defendant ~ -I!l..: 0'1:___, BY THE COURT: ~.~~ Kevlli A. Hess JUDGE Service Type M Form OE-506 Worker ID 21005 J'c-' s ~ )1..., 13, v, '";> 5; 7" -.) ~ -, ~ - OG' '" '- WAYNEF.SHAOE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 .' , . e, ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW v, : NO. 04-6113 CIVIL TERM BARRY E. SARBER, Defendant : IN DIVORCE RECEIVED l-,PR 071005 p^ AND NOW, this ORDER OF COURT " JAf'day of y. ,2005, Plaintiff ROXANNE C. SARBER and Defendant BARRY E. SARBER, represented by their independently selected private counsel, respectively, Wayne F, Shade, Esquire, and P. Richard Wagner, Esquire, ofMancke, Wagner & Spreha, and having stipulated and agreed with regard to custody of their minor child, Stacey Lynn Sarber, born December 18,1993, it is hereby ordered and decreed, as follows: l. Shared legal custody of said child as contemplated by 23 Pa.C.S. ~5302 will be in both of the parties hereto as the natural parents. 2. Shared physical custody of said child shall be in both parents on a week-on and week-off basis, with exchanges to be made at 7:00 P.M. on Sundays. The father's first week of custody would commence at 7:00 P.M. on the Sunday after endorsement of this Order by the Court. .... e: 3. Custody for vacations, all custornary holidays including, without lirnitation, Thanksgiving and Christrnas, New Year's Day, President's Day, Easter, Memorial Day, Independence Day, Labor Day, Mother's Day, Father's Day and the birthday of the child shall be determined by the parties as they rnay from tirne to tirne agree. 4. Transfer of custody shall be at the residences of the parties with the parent who is surrendering custody to be responsible for returning the child to the parent who is receiving custody. J. ayne F, Shade, Esquire Attorney for Plaintiff ) . Richard Wagner, Esquire Mancke, Wagner & Spreha Attorneys for Defendant WAYNEF. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 -2- \/:r,:"//\V"S\~;',': ;:.! t ! "lr~,-~"',., ....., -"Irlf') I\..U\;: ~I~) ,~,'__',; ',! t..) 20 : II Wli II Hd1S002 ;'W10NOH.lOCJd 3Hl ::!O 3::::1:1:10-0311:1 WAYNEF.SHADE Attorney al Law 53 West Pomfret Street Carlisle, Pennsylvania ]70]] ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON P AS OF : CUMBERLAND COUNTY, PENN YL VANIA : CIVIL ACTION - LAW v. : NO. 04-6l 13 CIVIL TERM BARRY E. SARBER, Defendant : IN DIVORCE AFFIDA VIT OF CONSENT AND WAIVER OF NOTI E OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S3301(c) OF THE DIVORCE CODE COMMONWEAL TH OF PENNSYL VANIA) ) SS: COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under S3301(c) of the Divorce Code with Not ce of Availability of Counseling was filed on December 7, 2004, and served on De ember 14, 2004, by acceptance of service. 2. The rnarriage of Plaintiff and Defendant is irretrievably broken and nin ty (90) days have elapsed frorn the date of filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without notice. . .' WAYNEF.SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania 17013 4. I understand that I may lose rights concerning alimony, division ofpr perty, lawyer's fees or expenses in do not clairn them before a divorce is granted. 5. I understand that I will not be divorced until a Divorce Decree is ente d by the Court and that a copy of the Decree will be sent to rne immediately after it is lIed with the Prothonotary. 6. I have been advised of the availability of marriage counseling and of y right to counseling and understlmd that I may request that the Court require that my souse and I participate in counseling. 7. I understand that the Court rnaintains a list of marriage counselors in t Domestic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spous and I participate in counseling prior to a Divorce Decree's being handed down by th Court. - ~ WAYNE F. SHADE Attorney at Law 53 West Pomfrel Street Carlisle, Pennsylvania 170]3 9. I verifY that the statements made in this Affidavit are true and correct I understand that false statements herein are rnade subject to the penalties of I Pa.C.S. 94904 relating to unsworn falsification to authorities. Date: April 19, 2005 '2s q. (~ r;Jt ::;1 e-:"l::!J (' '. :::.; / f'.' ('.J c,.) (..j't ----- "... . ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON PLEAS F : CUMBERLAND COUNTY, PENNSYL V NIA : CIVIL ACTION - LAW v. : NO. 04-6113 CIVIL TERM BARRY E. SARBER, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 93301(c) OF THE DIVORCE CODE COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF DAUPHIN ) 1. A Complaint in Divorce under ~330l(c) of the Divorce Code with Notice of Availability of Counseling was filed on December 7,2004, and served on Decembe 14, 2004, by acceptance of service. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (9 days have elapsed from the date of filing and service of the Cornplaint. 3. I consent to the entry of a Pinal Decree of Divorce without notice. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not clairn them before a divorce is granted. '. .... "' 5. I understand that I will not be divorced until a Divorce Decree is entered by he Court and that a copy of the Decree will be sent to rne irnmediately after it is filed ith the Prothonotary. 6. I have been advised of the availability of rnarriage counseling and of my rig t to counseling and understand that I may request that the Court require that my spouse nd I participate in counseling. 7. I understand that the Court maintains a list of marriage counselors in the Do estic Relations Office, which list is available to me upon request. 8. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a Divorce Decree's being handed down by the Cou 9. I verifY that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S 94904 relating to unsworn falsification to authorities. Date: April 19 2005 . , ~-, 0) :<' U"l f"o., C:-':,J (,.;;:;.) 1:..>"\ C) --,'I ::3 '"r,'", :,-,~} -;U ;'il ',' f..'; WAYNE F. SHADE Attorney at Law 53 West Pomfret Street Carlisle, Pennsylvania ]70]] ROXANNE C. SARBER, Plaintiff : IN THE COURT OF COMMON P : CUMBERLAND COUNTY, PE : CIVIL ACTION - LAW v. : NO. 04-6113 CIVIL TERM BARRY E. SARBER, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: EAS OF YL VANIA Please transrnit the record, together with the following information, t the Court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under ~3301(c) ofth Divorce Code, 2. The date and manner of service of the Cornplaint were Decernber I , 2004, by acceptance of service. 3. Date of execution of the Affidavit of Consent and Waiver of No tic ofIntention to Request Entry of a Divorce Decree under ~3301(c) of the Divorce Code by Plaintiff was April 19, 2005, and by Defendant was April 19, 2005. 4. Related claims pending: None. Date: April 22, 2005 ,'U Wayne . Shade Attorney for Plaintiff :.3 Ci (_~ -ti <:_\~ :r.~" r-<' ,"0 c:t Co', -~-- n + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +. Of + +++;f.++:+:++++++'f '+ '+ +. +. +.++++++++++++++++++ + ++++++++++++++++++++++++++++++++~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ++.+.+ +++++ +++++++++++++++++++++? IN THE COURT OF COMMON PLEAS STATE OF ROXANNE C. SARBER Plaintiff VERSUS BARRY E, SARBER Defendant AND NOW, DECREED THAT AND OFCUMBERLANDCOUNTY PENNA. No. 04-6113 CIVIL TERM DECREE IN DIVORCE ~d7 c:r .).: 3:3p,M . )od)' ,[T [S ORDERED AND ROXANNE C. SARBER , PLAINT[FF. BARRY E, SARBER , DEFENDANT, ARE D[VORCED FROM THE BONDS OF MATR[MONY. THE COURT RETA[NS JUR[SD[CTION OF THE FOLLOW[NG CLA[MS WHICH HAVE YET BEE~I ENTERED; BEEN RA[SED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT None By ATTEST: PROTHONOTARY ++ +. + +. ++ 'f 'f'+ +. +. 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