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Home My WebLink About05-0388STEPHEN M. URBAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. US- 3?? ?t. JOANNE L. URBAN, Defendant : CIVIL ACTION -LAW : 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 grounds for the divorce are indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse. 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 CUMBERLAND COUNTY LAWYER REFERRAL SERVICE ONE COURTHOUSE SQUARE CARLISLE, PA 17013 (717) 697-0371 STEPHEN M. URBAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. .NO. O S• 3 8? Cu Q T? JOANNE L. URBAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OR SECTION 3301(D) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Stephen M. Urban, by and through his attorney, of The Law Office of Darrell C. Dethlefs, seeks to obtain a Decree in Divorce from the Bonds of matrimony with the above-named Defendant and in support of his Complaint avers the following: Plaintiff, Stephen M. Urban, is an adult individual, who currently resides at 220 Green Lane Drive, Camp Hill, York County, Pennsylvania, 17011. The Plaintiff's social security number is 187-38-9009. 2. Defendant, Joanne L. Urban, is an adult individual, who currently resides at 1163 Kingleys Road, Camp Hill, Cumberland County, Pennsylvania, 17011. The Defendant's social security number is 184-48-8566. 3. Both Plaintiff and Defendant have been bonified residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on June 4, 1998 in Cumberland County, Commonwealth of Pennsylvania. The parties were separated on July 13, 2001, when Defendant abandoned the marital residence. 6. The Plaintiff and Defendant are both citizens of the United States of America. The Plaintiff and Defendant are not members of the Armed Services of the United States or any of its allies. 8. Plaintiff has been advised of the availability of counseling and that he and the Defendant may have the right to request that the Court require the parties to participate in such counseling. COUNTI 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that the Defendant may also file such an affidavit consenting to a divorce. 12. Plaintiff has been advised of the availability of counseling and that he and the Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to divorce after ninety (90) days have elapsed from filing of the Complaint, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce, pursuant to 3301(C) of the Divorce Code. COUNT It REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3391(D) OF THE DIVORCE CODE 13. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 14. The Marriage of the parties is irretrievably broken. 15. After a period of two (2) years has elapsed form the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 16. Plaintiff has been advised of the availability of counseling and the Plaintiff and Defendant have the right to request the Court to require parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests this Honorable Court to enter a Decree of Divorce pursuant to 3301 (D) of the Divorce Code COUNT III EQUITABLE DISTRIBUTION 17. The prior paragraphs of this Complaint in divorce are incorporated herein by reference as though set forth in full. 18. Plaintiff and Defendant have acquired various items of both real and personal marital property during their marriage, which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court to equitably divide and distribute all property both real and personal, owned by both parties. COUNT IV ALIMONY PENDENTE LITE, ATTORNEYS' FEES AND COSTS 19. The prior paragraphs of this Complaint in divorce are incorporated herein by reference as though fully set forth in full. 20. The parties hereto are husband and wife having been joined in marriage on June 4, 1998. 21. Plaintiff, Stephen M. Urban has inadequate funds to put her on equal grounds regarding divorce litigation. 22. There will be litigation concerning marital property issues. WHEREFORE, Plaintiff prays this Honorable Court to Order Alimony Pendente Lite in an amount equal to the Pennsylvania Support Guidelines, costs, and counsel fees. Date: 1- 21- 05 By: Michael J. Py sh Attorney T.D. 8851 2132 Market Street Camp Hill, PA 17011 (717) 975-9446 Attorney for Plaintiff STEPHEN M. URBAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. JOANNE L. URBAN, Defendant : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I hereby verify that the statements of fact made in the foregoing Complaint in Divorce, are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. Date: of-al- Aons Stephen M. Urban V,1 C1 c o ?' v? ? r STEPHEN M. URBAN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. as'- 3,qg JOANNE L. URBAN, Defendant CIVIL ACTION - LAW IN DIVORCE je C:75c J?CcS (AA o?q-;b? ) CERTIFICATE OF SERVICE 1,h ?S Ct-'0C'r' , am an adult individual over the age of eighteen. I hereby certify that I personally handed a Certified Copy of the above referenced divorce complaint upon Joanne L. Urban at the following location // 6 3 Cam/ Hicc /R on the ? day of #1 P 12005. Date: ??/Y CS ?5 `2u Pte,)' ? Aw( I-11 cc ? FR l7 c6 r? (.J l?? L J T} " p' ? ? l C: 1' i'tt. f i -` ?? ? .v ? t .??? `, ?'- N r C." . <J •-? +; ?:? =% ca .?- z STEPHEN M. URBAN, Plaintiff VS. JOANNE L. URBAN, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 05-388 * CIVIL ACTION - LAW * IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Joanne L. Urban, Defendant, moves the court to appoint a Master with respect to the following claims: (X) Divorce (X) Distribution of Property ( ) Annulment (X) Support (X) Alimony (X) Counsel Fees (X) Alimony Pendente Lite (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) Plaintiff has appeared in the action through his attorney, Michael J. Pykosh, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C.S.A."3301(c) and Q. (4) Delete the inapplicable paragraph(s): (a) - action na an sled. (b) orving-claims: (c) The action is contested with respect to the following claim: Alimony. Distribution of Property Alimonv Alimony Pendente Lite, Support, Counsel Fees, Costs and Expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date: Timothy , squire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 ID # 77944 Attorney for Defendant ORDER APPOINTING MASTER AND NOW, this day of 2005, Esquire is appointed master with respect to the following claims: _ By the Court: V ? 'I=_' ,1 V7 G STEPHEN M. URBAN, Plaintiff VS. JOANNE L. URBAN, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 05-388 * CIVIL ACTION - LAW * IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Joanne L. Urban, Defendant, moves the court to appoint a Master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente Lite (X) Distribution of Property (X) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims(s) for which the appointment of a Master is requested. (2) Plaintiff has appeared in the action through his attorney, Michael J. Pykosh, Esquire. (3) The statutory ground(s) for divorce (are) 23 Pa. C S.A U 3301(c) and (d)(4) Delete the inapplicable paragraph(s): (a) (b) An agieenweritint3 beet neetched (c) The action is contested with respect to the following claim: Alimony, , Distribution of Property, Alimony. Alimony Pendente Lite Support Counsel Fees Costs and Expenses. (5) The action does involve complex issues of law or fact. (6) The hearing is expected to take one (1) day. (7) Additional information, if any relevant to the motion: N/A. Date Timothy f. L aA, Nquire WILEY, LENOX, COLGAN & MARZZACCO, P.C. 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 ID # 77944 Attorney for Defendant ORDER APPOINTING MASTER AND NOW, this day of-?C/1?,4 ir- WO5, L' Esquire is appointed master with respect to the ollowing claims: By the Court: 1PI. 1. '' \ r+ f') a? cc W A S- N3j h £ :6 WV 9 ! d3S SOOZ A&IONOH10bd 3H130 3JIAdC-U3lu STEPHEN M. URBAN, Plaintiff VS. JOANNE L. URBAN, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY, PENNSYLVANIA * NO. 05-388 * CIVIL ACTION - LAW * IN DIVORCE PETITION FOR RELATED CLAIMS UNDER DIVORCE CODE AND NOW, comes the Defendant, Joanne L. Urban, by and through her attorney, Timothy J. Colgan, Esquire, of Wiley, Lenox, Colgan & Marzzacco, P.C., and files this Petition for Related Claims Under Divorce Code, respectfully averring as follows: COUNT I - ALIMONY Defendant lacks sufficient property to provide for her reasonable needs. 2. Defendant is unable to sufficiently support herself through appropriate employment. Plaintiff has sufficient income and assets to provide continuing support and to pay alimony to Defendant. WHEREFORE, Defendant respectfully requests This Honorable Court compel Plaintiff to pay alimony to Defendant. COUNT II - ALIMONY PENDENTE LITE, SUPPORT COUNSEL FEES AND EXPENSES 4. Paragraphs one (1) through three (3) are incorporated herein by reference as if set forth in full. 5. By reason of this action, Defendant will be put to considerable expense in the preparation of this case, in the employment of counsel and the payment of costs. 6. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and unable to appropriately maintain herself during the pendency of this action. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorneys' fees and the costs of this litigation. Plaintiff has adequate earnings to provide support and alimony pendente lite for Defendant and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests This Honorable Court compel Plaintiff to pay Defendant alimony pendente lite, support, counsel fees, costs and expenses of this action. Respectfully submitted, Timothy . Co squire WILEY, LENOX & COLGAN, P.C. 130 W. Church Street Dillsburg, PA 17019 (717) 432-9666 Dated: 8?as`?S I.D. #77944 CERTIFICATE OF SERVICE I, Timothy J. Colgan, Esquire hereby certify that I am this day serving a copy of the foregoing document upon the person(s) and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure, by depositing a copy of same in the United States mail, first-class, postage prepaid, as follows: Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 Date: &-'? OS By: Timothy J. , squire t ? p ? o r ?-L C, I mt;, ? nib r C.7 t M. URBAN, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NO. 05-388 CIVIL TERM JOANN L. URBAN, CIVIL ACTION -LAW IN DIVORCE STATEMENT OF SUBSTITUTION OF SUCCESSOR PARTY PURSUANT TO Pa.R.C.P. 2352(a) Ann M. Urban, by her attorneys, Snelbaker & Brenneman, P. C., submits this of Substitution pursuant to Pa.R.C.P. 2352(a) as follows: 1. This action in divorce was initiated by Complaint filed by Plaintiff Stephen M. Urban on January 21, 2005 (the "Divorce Action") 2. On May 19, 2007, Plaintiff Stephen M. Urban died testate while a resident in York , Pennsylvania prior to the issuance of a divorce decree. 3. On May 25, 2007 Bradley C. Jacobs, Register of Wills in and for York County, lvania, granted letters testamentary to Leigh Ann M. Urban. A true and correct copy of the Certificate of Grant of Letters issued by the Register of Wills is attached hereto and inco#porated by reference herein as "Exhibit A". 4. Leigh Ann Urban, daughter of Stephen M. Urban, as Executrix of the Estate of M. Urban, has succeeded to the interest of Stephen M. Urban in this action. 5. Leigh Ann M. Urban hereby succeeds to the interests of Stephen M. Urban and herself as Executrix for Stephen M. Urban in this action. SNELBAKER & BRENNEMAN, P. C. LAW OFFICES SNELBAKER & BRENNEMAN,f.C. BY: Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 June 22. 2007 Attorneys for Leigh Ann Urban r. REGISTER OF WI YORK County, Pe ,y +f Deceased Social Security No: 187-38-9009 WHEREAS, March 6th 200 STEPHEN M URBA .S CERTIFICATE OF GRANT OF LETTERS nsylvania 4 Y No. 67- 07- 00800 lr Estate Of: STEPHEN M URBAN r iflist, Middle, Last/ .a f Late Of: FAIRVIEW TOWNSHIP YORK COUNTY the 25th day of May 2007 an instrument dated was admitted to probate as the last will of !First, Middle, Lastl late of FAIR VI W TOWNSHIP, YORK County, who died on t e 19th day of May 2007 and, WHEREAS, true copy of the will as probated is annexed hereto, THEREFORE, I, BRADLEY C JACOBS , Register of Wills in and for YORK Cou ty, in the Commonwealth of Pennsylvania, hereby certify that I have this day granted Letters TESTAMENTARYto: LEIGH ANN M URBAN who has duly qualified as EXECUTOR(RIX) and has agre d to administer the estate according to law, all of which fully appear of record in my office at YORK COUNTYJUDICIAL CENTER YORK, PENNSY VANIA. IN TESTI ONY WHEREOF, I have hereunto set my hand and affixed the seal of my office on the 25th day of May 2007. w ? e st r of Wilts -Z;l EXHIBIT A VERIFICATION Date: verify that the statements made in the foregoing Statement of Substitution are true and I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. ig . Urban r-)-7 \--11 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. CERTIFICATE OF SERVICE KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, caused 4 true and correct copy of the foregoing Statement of Substitution be served upon the person 4nd in the manner indicated below: AID Michael J. Pykosh, Esquire 2132 Market Street Camp Hill, PA 17011 Timothy J. Colgan, Esquire The Wiley Group 130 W. Church Street Suite 100 Dillsburg, PA 17019 SNELBAKER & BRENNEMAN, P.C. By: Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Leigh Ann Urban, Executrix of the Estate of Stephen M. Urban June 26, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, RC. ' rs ? f an. v ? . ?C ?3