HomeMy WebLinkAbout02-2215ELISABETH E. GELBAUGH,
Plaintiff
MITCH S. GELBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.'
: NO. 2002- aq.~lS" CIVIL TERM
: 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 ground for divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the
Prothonotary's Office at the 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.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
ELISABETH E. GELBAUGH,
Plaintiff
MITCH S. GELBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002- -~-~ ~ -f' CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF
THE DIVORCE CODE
The Plaintiff, Elisabeth E. Gelbaugh, through her attorney, Thomas S. Diehl, makes the
following Complaint in Divorce, and, in support thereof, avers as follows:
1o The Plaintiff, Elisabeth E. Gelbaugh, is an adult individual who currently resides
at 40 Sheraton Drive, Carlisle, Cumberland County, Pennsylvania 17013.
2. The Defendant, Mitch S. Gelbaugh, is an adult individual who currently resides at
327 West Ridge Street, Carlisle, Cumberland County, Pennsylvania 17013.
3. The Defendant and the Plaintiff have been bona fide residents of the
Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this
Complaint.
4. The Plaintiff and the Defendant were married on December 14, 1996 in York
County, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The Defendant is not a member of the Armed Forces of the United States of
America or its Allies.
7. The Plaintiff has been advised of the availability of counseling and the right to
request that the Court require the parties to participate in counseling. Knowing this, Plaintiff
does not desire that the Court require the parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. The parties' marriage is irretrievably broken.
WHEREFORE, the Plaintiff, Elisabeth E. Gelbaugh, respectfully requests your
Honorable Court to enter a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the
Divorce Code.
Date:
Respectfully submitted
Attorney for the Plaintiff
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
(717) 240-0893 - FAX
VERIFICATION
I verify that the statements made in this Complaint are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to
unsworn falsification to authorities.
ELISABETH E. GELBAUGH, Plaintiff
ELISABETH E. GELBAUGH,
Plaintiff
MITCH S. GELBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-2215 CIVIL TERM
.
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
AND NOW, this l0th day of May 2002, comes Thomas S. Diehl, Esquire, Attorney for
the Plaintiff, Elisabeth E. Gelbaugh, and states that he had cause to be mailed a certified copy of
a Complaint in Divorce to the Defendant, Mitch S. Gelbaugh, by certified, restricted delivery,
return-receipt requested. A copy of said receipt is attached hereto indicating service was made
on May 8, 2002.
Respectfully submitted,
Attorney for the Plaintiff
One West High Street, Suite 208
Post Office Box 1290
Carlisle, Pennsylvania 17013
(717) 240-0833
(717) 240-0893 - FAX
·
item 4 B
· Pn'nt ' reverse
so that you.
· Attach this card to the back of the mailpiece,
or on the front if space permits. :
1. A,-ltcle Addmsesd to:
I~TCH S. G~LBAUGH
327 WEST RIDGE STREET
CARLISLE, PA 17013
2. Axticle Number
[] Agent
item 17 r-lYes
below: r-I No
3. Service Type
~ ~ Mail [3 Express Mail
[] Registered [] Return Receipt for Merchandise
I [] Insured Mail [] C.O.D.
[4. ResMct ed Deliver"/? (Extra Fee) ~Yes
7000 1670 0001 8796 3661
PS Form 3811, March 2001 Domestic Return ReC~pt 1°259~014d'142~'
ELIZABETH E. GELBAUGH
Plaintiff,
V.
MITCH S. GELBAUGH,
Defendant.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2002-2215
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
NOTICE OF HEARING AND ORDER
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set forth in the
following papers, you must appear at the heating scheduled herein. If you fail to do so, the case may
proceed against you and a FINAL ORDER may be entered against you granting the relief requested in the
Petition. In particular, you may be evicted from your residence and lose other important rights. Any
protection order granted by a court may be considered in any subsequent proceedings under Title 23 of the
Pennsylvania Statutes. Child custody is one of the proceedings where prior protection orders may be
considered. 23 Pa.C.S. 6107(a).
A ya;
hearing on the matter is scheduled for the //f day of //~~002,
at '~' :~O o'clock ~.m., in Courtroom No._.~ of the Cumberland Co(~nty Courthouse, One
Cot~rthouse Square, Carlisle, Pennsylvania.
You must obey the Order that is attached until it is modified or terminated by the court after notice
and hearing. If you disobey this Order, the police may arrest you. Under federal law, U.S.C. {}2265, this
Order is enforceable anywhere in the United States. If you travel outside of the state and intentionally
violate this Order, you may be subject to federal criminal proceedings under the Violence Against Women
Act, 18 U.S.C. §2262. Violation of this Order may also subject you to prosecution and crin~'~al penalties
under the Pennsylvania Crimes Code. In addition, if you are subject to a FINAL PROTECTION ORDER,
you may be prohibited from possessing, transporting, or accepting a firearm under the 1994 Amendment to
the federal Gun Control Act, 18 U.S.C. §922(d) and (g).
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HAVE THE
RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL
NOT, HOWEVER, APPOINT A LAWYER FOR 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 CAN GET LEGAL HELP. IF YOU CANNOT FIND A LAWYER,
YOU MAY HAVE TO PROCEED WITHOUT ONE.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY SQUARE
CARLISLE, PA 17013
1-800-990-9108
NOTICE TO THE DEFENDANT
Defendant is hereby notified that violation of this Order may result in arrest for indirect criminal
contempt, which is punishable by a fine of up to $1,000.00 and/or up to six months in jail. 23 Pa.C.S.
6114. Consent of the Plaintiff to Defendant's remm to the residence shall not invalidate this Order, which
can only be changed or modified through the filing of appropriate court papers for that purpose. 23
Pa.C.S. 6113. Defendant is further notified that violation of this Order may subject him/her to state
charges and penalties under the Violence Against Women Act, 18 U.S.C. 2261-2262.
NOTICE TO LAW ENFORCEMENT
This Order shall be enforced by the police who have jurisdiction over the Plaintiff's residence OR
any location where a violation of this Order occurs OR where the Defendant may be located. If Defendant
violates Paragraph 1 through 6 of this Order, Defendant may be arrested on the charge of Indirect Criminal
Contempt. An arrest for violation of this Order may be made without warrant, based solely on probable
cause, whether or not the violation is committed in the presence of law enforcement.
Subsequent to an arrest, the law enforcement shall seize all weapons used or threatened to be used
during the violation of this Order OR during prior incidents of abuse. Weapons must forthwith be
delivered to the Sheriff's office of the country which issued this Order, which office shall maintain
possession of the weapons until further Order of this Court, unless the weapon/s are evidence of a crime, in
which case, they shall remain with the law enforcement agency whose officer made the arrest.
BY THE COURT:
Date:
ELIZABETH E. GELBAUGH
Plaintiff,
V.
MITCH S. GELBAUGH,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO: 2002-2215
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
TEMPORARY PROTECTION FROM ABUSE ORDER
Defendant's Name:
Defendant's DOB:
Defendant's SS#:
Mitch S. Gelbaugh
11/23/62
Names of All Protected Persons, including Plaintiff and minor child/ren: Elizabeth E. Gelbaugh
AND NOW, this2~ day of~, 2002, upon consideration of the
attached Petition for Protection F~om Al~fise, th~ Court'hereby enters the following Temporary
Order:
1. Defendant shall not abuse, harass, stalk, or threaten the above persons in any place they
may be found.
2. Defendant is prohibited fi'om having ANY CONTACT with Plaintiff at any location,
including but not limited to any contact at Plaintiff's school, business, or place of employment.
3. Defendant shall not contact Plaintiff by telephone or by any other means, including
through third persons.
4. Pending outcome of the final hearing in this matter, Plaintiff is awarded temporary
custody of the following minor child/ren: None
The local law enforcement agency in this jurisdiction where the child/ren are located
shall ensure that the child/ren are placed in the care and control of the Plaintiff in
accordance with the terms of this Order.
5. A certified copy of this Order shall be provided to the police department where Plaintiff
resides and any other agency specified hereafter:
Pennsylvania State Police
North Middleton Township Police Department
Cumberland County Sheriff's Department
6. THIS ORDER APPLIES IMMEDIATELY TO DEFENDANT AND SHALL
REMAIN IN EFFECT UNTIL MODIFIED OR TERMINATED BY THIS COURT AFTER
NOTICE AND HEARING.
ELIZABETH E. GELBAUGH
Plaintiff,
V.
MITCH S. GELBAUGH,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2002-2215
CIVIL ACTION - LAW
PROTECTION FROM ABUSE
PETITION FOR PROTECTION FROM ABUSE
5. Defendant's Address is:
1. Plaintiff's name is: Elizabeth E. Gelbaugh
2. I am filing this Petition on behalf of: Myself
If "another person" is checked, indicate relationship to Plaintiff:
3. Names of ALL persons, including Plaintiff, who seeks protection from abuse:
Elizabeth E. Gelbaugh
4. Plaintiff's Address is: 40 Sheraton Drive
Carlisle, PA 17013
327 W. Ridge Street
Carlisle, PA 17013
Remax Realtors
Carlisle, PA 17013
Defendant's SS#:
Defendant's DOB: 11/23/62
Defendant's Place of Employment:
6. Indicate the relationship between Plaintiff and Defendant:
Spouse
7. Have Plaintiff or Defendant been involved in any of the following court actions?
(X) Divorce () Custody () Support () Protection From Abuse
If you checked any of the above, briefly indicate when and where the case was filed and
court number, if known: Cumberland County, No: 2002-2215 Civil Term
8. Has the Defendant been involved in any criminal action? Yes If yes, is the Defendant currently on probation?
In December of 2001, during an altercation in the marital home, the Defendant was
cited for harassment and pled guilty to the same.
9. Plaintiff and Defendant are the parents of the following minor child/mn:
Name A_~ Address (unless confidential)
N/A
10. If the Plalntiffand Defendant are parents of any minor child/ren together, is there an
existing Court Order regarding their custody? N/A
If you are now seeking an Order of child custody as part of this Petition, list the following
information: Where has each child resided during the past five years?
Child's Name Person{s} Child Lived With When
11. The facts of the most recent incident of abuse are as follows:
Approximate Date: August 5, 2002
Time: 10:00 p.m.
Place: Plaintiff's Residence
Describe in detail what happened, including any physical or sexual abuse, threats, injury,
incidents of stalking, medical treatment sought, and/or calls to law enforcement:
Defendant contacted the Plaintiff during the day of August 5, 2002, and
advised the Plaintiff that the divorce action that has been filed is going to end
in violence. Thereafter, Defendant came to the home of the Plaintiff, was
under the influence, broke the handle on the door and made threatening
remarks to the Plaintiff, all of which scared the Plaintiff and placed her in
fear of her own personal safety.
12. If the Defendant has committed prior acts of abuse against Plaintiff or the minor
child/ren, describe these prior incidents, including any threats, injuries or incidents of stalking, and
indicate approximately when such acts of abuse occurred:
On December 14, 2001, the Defendant entered into a violent attempt to come
into contact with the Plaintiff, causing the police to be called. During the
altercation, the Defendant also threatened the son of the Plaintiff (step-son of
the Defendant). As a result, the Defendant was cited for harassment and
pled guilty to the same.
On August 3, 2002, at the Plaintiff's home, Defendant personally appeared at her
home and made threats towards the Plaintiff concerning her physical well-being and
the physical well-being of others, ali of which placed the Plaintiff in fear.
13. Identify the police department or law enforcement agency in the area in which
Plaintiff lives that should be provided with a copy of the protection Order:
Pennsylvania State Police
Cumberland County Sheriff's Department
North Middleton Township Police
14. There is an immediate and present danger of further abuse from the Defendant.
15. Plalntiffis asking the Court to evict and exclude the Defendant from the following
residence: 40 Sheraton Drive, Cumberland County, Pennsylvania; the Carlisle Hospital,
Carlisle, Pennsylvania, Plaintiff's place of employment;
FOR THE REASONS SET FORTH ABOVE, I REQUEST THAT THE COURT
ENTER A TEMPORARY ORDER, AND AFTER HEARING, A FINAL
ORDER THAT WOULD DO THE FOLLOWING:
A. Restrain Defendant from abusing, threatening, harassing, or stalking Plaintiff and
minor child in any place where they may be found.
B. Prohibit Defendant from having any contact with Plaintiff, either in person or in
writing, personally or through third persons, including but not limited to any contact at Plaintiff's
school, business, or place of employment.
C. Grant such further relief as the Court deems appropriate.
D. Order the police or other law enforcement agency to serve the Defendant with a copy
of this Petition, any Order issued, and the Order for the Hearing.
Respectfully submitted,
Mancke, Wagne~ Tully
Wagner, Esquire
I.D. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
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.
Section 4904, relating to unsworn falsification to authorities.
08/07/02 WED 14:17 FAX 717 240 6573 CUrB CO PROTHONOTARY
~ 0Ol
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MULTI TN REPORT
***************************
3281
[ 0119p2490779
[ 0319p2405331
PSP
CP
OFFICE OF TH]/PROTHONOTARY
CUMBERLAND COUNTY COURTHOUSE
ONE COURTHOUSE SQUARE
CARLISLE, PA 17013 - 3387
(717) 24 0- 6195
FAX (717) 240 - 6573
ViA TELECOPIER
TO:
FAX #
FROM:
RE:
MESSAGE:
PA STATE POLICE - CENTRAL PROCESSING
CURTIS R. LONG
FAXING A PFA
6 NO, OF PAGES (INCLUDIHG COVER SHEETS)
This m~ssage is intended for the use of thc individual or entity to which it is add~$se~ and it may conlain
Information that is privileged, confidential and exempt from disclosure under applicable law. If the reader
of this message is not the hitendcd recipient, you are hereby notified laV. at any dissam~,,~fion, cli~tn'butioil or
copying of this communication i~ strictly prohibited. If you have received this com~nluicafiorl iii error,
please notify us immediately by telephone and return the offginal message to us at the above address via the
U. S. postal s~-vic¢. Thank you
SHERIFF'S RETURN -
CASE NO: 2002-02215 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLJkND
GELBAUGH ELISABETH E
VS
GELBAUGH MITCH S
REGULAR
KATHY CLARKE Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within PROTECTION FROM ABUSE was served upon
GELBAUGH MITCH S the
DEFENDANT , at 1815:00 HOURS, on the 7th day of August
at CUMBERLAND CO SHERIFF'S OFFICE ONE COURTHOUSE SQ
CARLISLE, PA 17013 by handing to
MITCH S GELBAUGH
, 2002
a true and attested copy of PROTECTION FROM ABUSE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
28.00
So Answers:
R. Thomas Kline
08/07/2002
Sworn and Subscribed to before
me this /y~ day of
-Tl~f0thonotary -
By:
p~y Sheriff
ELIZABETH E. GELBAUGH,
Plaintiff,
V.
: 1N THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2002-2215
MITCH S. GELBAUGH,
Defendant.
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY!
Please withdraw the appearance of the undersigl~Fon behalf of the Plaintiff in the above-
captioned matter. ~~
Thomas S. Diehl, Esquire
One West High Street, Suite 208
P.O. Box 1290
Carlisle, PA 17013
Please enter the appearance of the undersigned on behalf of the Plaintiff in the above-
captioned matter. ~,/t,,.~
/ -
Esquire
- / I.D. #23103
// 2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Date:
ELIZABETH E. GELBAUGH,
Plaintiff,
V.
MITCH S. GELBAUGH,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO: 2002-2215
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 in divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for another 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, 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.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
Carlisle, PA 17013
(717) 249-3166
ELIZABETH E. GELBAUGH,
Plaintiff,
V.
MITCH S. GELBAUGH,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:NO: 2002-2215
: CIVIL ACTION - LAW
: IN DIVORCE
AMENDED COMPLAINT
AND NOW, comes the Plaintiff, Elizabeth B. Gelbaugh, by and through her
attorneys, Mancke, Wagner and Tully, and files the following Amended Complaint:
1. Plaintiff, Elizabeth Gelbaugh, is an adult individual currently residing at 40
Sheraton Drive, Carlisle, Cumberland County, Pennsylvania.
2. The Defendant, Mitch S. Gelbaugh, is an adult individual currently
residing at 327 W. Ridge Street, Carlisle, Cumberland County, Pennsylvania.
3. The Defendant and the Plaintiff have been bona fide residents of the
Commonwealth of Pennsylvania for at least six (6) months prior to the filing of this
Complaint.
4. The Plaintiff and the Defendant were married on December 14, 1996, in
York, Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the
parties.
6. Neither Plaintiff nor Defendant are members of the Armed Forces of the
United States or any of its Allies.
7. Plaintiff has been advised of the availability of counseling and that she has
the right to request that the Court require both parties to participate in counseling.
8. Plaintiff and Defendant are citizens of the United States of America.
9. Plaintiff avers as grounds on which this action is based are:
A. That the marriage is irretrievably broken pursuant to §3301(c) of
the Divorce Code; and
B. That as of April 15, 2004, the parties will have lived separate
and apart for a period of at least two (2) continuous years
pursuant to §3301(d) of the Divorce Code.
WHEREFORE, Plaintiff prays this Court to enter a Decree in Divorce.
-2-
COUNT I
EQUITABLE DISTRIBUTION
10. Paragraphs 1 through 7 above are incorporated herein by reference and
made a part hereof.
11. During the mamage, Plaintiff and Defendant have acquired various items
of marital property, both real and personal, which are subject to equitable
distribution under Section 401 of the Divorce Code of 1980.
WHEREFORE, Plaintiff prays this Honorable Court:
(a) Enter a Decree in Divorce;
(b) Equitably distribute all property, both real and personal, owned
by the parties; and
-3-
(c)
Grant such further relief as the Court may deem equitable and
just.
Respectfully submitted,
~.....P-~i~a~er, Esquire~
I.D. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Plaintiff
Date:
-4-
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.
Section 4904, relating to unsworn falsification to authorities.
DATE:
ELIZABETH E. GELBAUGH,
Piaintiff~tition~r,
V.
MITCH S. GELBAUGH,
Defendant/Respondent.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 2002-2215
: CIVIL ACTION - LAW
: PROTECTION [ROM ABUSE
pIgTITION FOR CONTEMPT
AND NOW, comes the Petitioner, Elizabeth E. Gelbaugh, by and through
her attorneys, Maneke, Wagner, Tully and Spreha, and[ files the following Petition
for Contempt:
1. Your Petitioner, Elizabeth E. Gelbaugh, is an adult individual currently
resides at 40 Sheridan Drive, Carlisle, Cumberland County, Pennsylvania.
2. The Respondent, Miteh S. Gelbaugh, is an adult individual currently
residing at 327 W. Ridge Street, Carlisle, Cumberland County, Pennsylvania.
3. The Court entered an Order for PFA on or about August 7, 2002, a copy
of which is attached hereto, incorporated herein by refi~renee and marked as Exhibit
A, which, by its very terms, the Defendant/Respondent was directed not to abuse,
harass, stalk, or threaten, nor have any contact with the Plaintiff/Petitioner at any
location.
4. On or about December 9, 2002, the Respondent herein did approach the
Petitioner, did falsely accuse the Petitioner's children of engaging in misconduct,
and proceeded to pubhcly in t~ont of several acquaint~aces of and business persons
in Carlisle, using profanity directed at the Petitioner.
5. In addition to directing profanity, he displayed the middle index finger, all
of which was designed to annoy, harass, and intimidate the Petitioner.
6. Petitioner felt intimidated, embarrassed, and ]harassed by the conduct of
the Respondent which served no legitimate purpose.
WHEREFORE, Petitioner prays this Court to make a finding that the
Respondent was in contempt of the aforementioned Protection From Abuse Order,
direct appropriate sanctions against the Respondent herein, including payment of
attorneys' fees to the Petitioner for the preparation and filing of this Petition and
-2-
attendance at a hearing, and further direct that any continued violation can and will
result in imprisonment.
Respectfully sub~nitted,
Mancke, Wagner, Tully & Spreha
Wagner, squire
I.D. #23103
2233 North Front Street
Harrisbmg, PA 17110
(717) 234-7051
Attorneys for Petitioner
Date:
-3-
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.
Section 4904, relating to unsworn falsification to authorities.
DATE:
ELIZABETH E. GELBAUGH,
Plaintiff/Petitioner,
V.
MITCH S. GELBAUGH,
Defendant/Respondent.
DEC 2 7
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 2002-2215
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
AND NOW, this ~g0/q-c
day of .~-'~'~J-, 002, upon Petition for Contempt on
behalf of the Plaintiff, a hearing is set for the ..~/,3~day of ~_.~,~c.2 , 200 ;;L~, at
/JDc) o'clock /sm. in Courtroom No_:3 of the Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pennsylvania, to show cause why if any, the relief requested should
not be granted.
BY THE COURT:
ELIZABETH E. GELBAUGH.
Plaintiff/Petitioner,
V.
MITCH S. GELBAUGH,
Defendant/Respondent.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
:NO: 2002-2215
: CIVIL ACTION - LAW
: PROTECTION FROM ABUSE
PETITION FOR CONTEMPT
AND NOW, comes the Petitioner, Elizabeth E. Gelbaugh, by and through
her attorneys, Mancke, Wagner, Tully and Spreha, and files the following Petition
for Contempt:
1. Your Petitioner, Elizabeth E. Gelbaugh, is an adult individual currently
resides at 40 Sheridan Drive, Carlisle, Cumberland County, Pennsylvania.
2. The Respondent, Mitch S. Gelbaugh, is an adult individual currently
residing at 327 W. Ridge Street, Carlisle, Cumberland County, Pennsylvania.
3. The Court entered an Order for PFA on or about August 7, 2002, a copy
of which is attached hereto, incorporated herein by reference and marked as Exhibit
A, which, by its very terms, the Defendant/Respondent was directed not to abuse,
harass, stalk, or threaten, nor have any contact with the Plaintiff/Petitioner at any
location.
4. On or about December 9, 2002, the Respondent herein did approach the
Petitioner, did falsely accuse the Petitioner's children of engaging in misconduct,
and proceeded to publicly in front of several acquaintances of and business persons
in Carlisle, using profanity directed at the Petitioner.
5. In addition to directing profanity, he displayed the middle index finger, all
of which was designed to annoy, harass, and intimidate the Petitioner.
6. Petitioner felt intimidated, embarrassed, and harassed by the conduct of
the Respondent which served no legitimate purpose.
WHEREFORE, Petitioner prays this Court to make a finding that the
Respondent was in contempt of the aforementioned Protection From Abuse Order,
direct appropriate sanctions against the Respondent herein, including payment of
attorneys' fees to the Petitioner for the preparation and filing of this Petition and
-2-
attendance at a hearing, and further direct that any continued violation can and will
result in imprisonment.
Respectfully submitted,
Mancke, Wagner, Tully & Spreha
By
I.D. #23103
2233 North Front Street
Harrisburg, PA 17110
(717) 234-7051
Attorneys for Petitioner
Date: i A/ / ~// ~ ,Z.
-3-
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.
Section 4904, relating to unsworn falsification to authorities.
DATE:
ELIZABETH E. GELBAUGH,
Plaintiff
V
MITCH S. GELBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND CO%~TY, PENNSYLVANIA
:
: 2002-2215 CIVIL TERM
:
: PROTECTION FROM ABUSE
:
IN RE: INDIRECT CRIMINAL CONTEMPT
ORDER OF COURT
AND NOW, December 31, 2002, the defendant having
appeared in open court together with personal counsel, Hubert X.
Gilroy, Esquire, on a petition alleging a violation of a
temporary PFA order, and also alleging indirect criminal
contempt, and the defendant having admitted that he is in
contempt and did do the act alleged in the petition, the Court
does find the defendant to be in contempt of court.
The District Attorney having made certain
recommendations in regard to sentence, concurred in by the
victim and her counsel, who are present in the courtroom, the
Court does accept those recommendations and sentence of the
court is that the defendant shall be placed on probation for a
period of six months with supervision on the condition that he
pay any costs associated with the filing of this prosecution and
that he make restitution to the victim for damages caused to her
vehicle. Additional conditions shall be that the defendant
enter into drug and/or alcohol counseling with Doctor Stanley
Schneider and shall remain in such treatment until released in
writing by Doctor Schneider, which sessions shall be paid for by
the defendant at his sole expense. A further condition is that
the defendant shall not consume any alcohol from this point on
02-2215 Civil Term
In Re: Indirect Criminal Contempt
Page 2
until the Court is advised in writing by /Doctor Schneider that
any consumption will not hinder Doctor Schneider's treatment
plans. The defendant is cautioned that since he is under
supervision, that he may be subject to testing by the probation
officer at any time and any place and any consumption, before
Order of Court, will be grounds to vacate this sentence and
resentence anew.
By the Court,
{off~r, P.J.
Matthew Smith, Esquire
Assistant District Attorney
Hubert X. Gilroy, Esquire
For the Defendant
Probation Office
Victim Services ~ ~^~-
P. Richard Wagner, Esquire
Dr. Stanley Schneider-
:mtf
ELIZABETH E. GELBAUGH,
Plaintiff
V
MITCH S. GELBAUGH,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 2002-2215 CIVIL TERM
:
: PROTECTION FROM ABUSE
:
IN RE: BAIL
ORDER OF COURT
AND NOW, April 29, 2003, bail is set on the criminal
charges filed April 28, 2003, in the above-captioned case in the
amount of $5000.00.
By the Court,
Matthew P. Smith, Esquire~ ~A~-~~
Assistant District Attorney
Hubert X. Gilroy, Esquire~A~-b6L~gg~
For the Defendant
Victim Services
Adult Probation Office
:mtf
MBo De%l. NO.:
DJ Nlim~: Hon.
Address;
Telephone: '
From:CUMB 00 CENTRAL PR00 NS CENTER7]7 975 2]66
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF GUMeERLAND
09201
PAULA P CORRF_.AL
1 COURTHOUSE SO
CARLISLE PA 17013
717 240 6S64
AKA:
MITCH GELBAUGH
04/28/2003 20:04 #]31 P.002/007
DEFENDANT:
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
COMMONWEALTH OF
PENNSYLVANIA
VS.
NAME ind ADDRESS
MITCHELL STUART GELBAUGH
327 W RIDGE ST
CARLISLE PA 17013 0000 00
Reglelralll)n Number
OomplWnl Numb//
I
~.$.A.: ~'~ 40
PA0210200
ORI NO.:
Dlstrlc! Attorney's Office
Docket NO,:
Dale Flied:
OTN:
Annvel BIIcker Number
COm~l&inl Numbern If oiher
D.O.B.:
11 23
OLN Numl:,er ~,IID NumDw'
J 2003~)~'~'~'~ CAR ~6~2
S.S,"; 202 42 6249
Approved
Disapproved because:
('The Dlelrlct Al:easy may require lhat the complaint, arrest warrant affidavit, or both be approved by the attorney for the Commonwealth pdor to firing.
Pa.R.Cr.P. 107.) When the affianl is not a police officer ee defined in Rule 51 (C) and the offense(s) charwKI Include(e) a misdemeanor or felony which
does not involve a clear and preeen! danger Io any person or the community, the complaint Shaft be submitted to Ih® attorney for the Commonweallh, who
shall approve or disapprove without unreasonable delay),
(l~lue Dee)
I. (~,~,~X,~,.i) PO STEPHEN M LATSHAW BADGE 3
of CARLISLE PD
resldio~at 53 WEST SOUTH ST ~ISLE PA 17013
do hereby state:' (ch~k ~propdme area)
1. ~ I accuse the above named defendant, who lives at the address set foAh above or,
I accuse an individual whose name is unknown to me but who is described as
I accuse the defendant whose name and popular designation or nickname is unknown to me and whom I
have therefore designated as John Doe
with violatin~ the penal laws of the Commonwealth of Pennsylvania at: C_AR~'rST,~
246 PAR~ ST CARLISLE
(Pkce-Polltl¢ll SubdlvWon)
in (County),. CUIV[BE~ on or about04 28 2003 1504 HRS
Participants ,were: (if there were participants piece lhalr names here, repealing r~ame of above defendalll)
2. The acts committed by the aecused were:
(Set forth a sum.mary of the facts sufficient to advise the defendant of the nature of the offense charged. Neither the evidence nor the statute
allegedly viol-tad, need be cited, nor shell a citation of the stalute ellege~lly viola:ad, by Itself. be sufficient. In ~ summary case, set forth a
citation of the specific section and sub-eecllon of IhS statute Or ordinance allegedly violated).
** INDIRECT CRIMINAL CONTEMPT - ADULT CTS i
THE ACTOR DID VIOLATE THE PROTECTION FROM
NUMBER 2002-2215
THE ORDER WAS SIGNED BY THE HONORABLE
THE ORDER WAS DATED 7TH DAY OF AUGUST
ABUSE ORDER
Copy: Dl~td;t Justice Delendanl Return of Service Police a/97wp
From:CUMB O0 CENTRAL PROO WS CENfER7]7 875 2166 04/28/2003 20:04 #131 P.003/007
CRIMINAL COMPLAINT AND
PROBABLE CAUSE AFFIDAVIT
Page 2
Defendant Name:MITcHELL STUART GELBAUGH I OocketNumber:
I
THE ACTOR VIOLATED THE ORDER BY VIOLATING SECTION 2 AND 3 OF THE
ORD~.R BY GOING TO T~{E PLAINTIFF'S PLACE OF EMPLOYMENT AND BY
SCREAMING VULC~ARITIES AT T}{E PLAINTIFF.
ALL OF W~ICH WERE A~AINST TRE PEACE AND DIGNITY OF THE COMMONWEALTH OF
PENNSYLVANIA AND CONTRARY TO THE ACT OF ASSEMBLY,
OR IN VIOLATI~N OF 6114 A1 OF THE ACT OF 23'
OR T}{E .{I ORDINANCE OF
1'
· 3. I ask that a warrantof arrest er-a-s~mmerm, be Issued and that the accused be required to answer the ~harges
I have made, (In ore}er.for a warrant of arrest to Issue, the affached affidavit of probable cause must be
corn, plated and 8worn to before the iasuing authority.)
4. I verify that the facts set forth in this complaint are true and correct to the helot'of my knowledge or information
and belief. I cert~ the complaint has been properly completed and verified, a~d~that there is probable cause
for the Issuance of.process. This verification is made subject to the penalties of Section 4904 of the Crimea
Code (18 PA. C.S. 4904) relating to unswom falsification to authorities.
Date:
:'::" -,.'I-,- ,-' ':""-"::' ..,...z../
/ (Signature of ComPlmlnanl)
AND NOW, on this date, : i I oertlfy the complaint has been properly completed and
verified, and Ihat there is probable c~'us~ for&ssuance of procesS.
(MIt~)Iller, lll O;llnOI) '
(',,,,.o ^,,~,~,~ -' (SEAL)
From:CUMB O0 OENTRAL PROD gS DENTER7]7 975 2166 04/28/2003 20:04 #131 P.004/007
CltRLISLE PD
PROBABLE CAUSE kFFIDAVIT
INCIDENT NUMBER: 20030401401 CAR DATE: 04/28/2003 OTN:
PG i
CHARGE (S) :
23 6114 Al
INDIRECT CRIMINAL CONTEMPT - ADULT
#CTS
1
COMMONWEALTH VS MITCHELL STUART GELBAUGH
INFORMATION:
YOUR AFFIi%NT RECEIVED A CALL FROM ELISABETM GELBAUGH, WHO WAS
WORKINa AT THE CARLISLE HOSPITAL. MS GELBAUGH STATED THAT
HER ESTRANGED HUSBAND, MITCH GELBAUGH, HAD COME TO HER PLACE OF
EMPLOYMENT AND CALLED .HER A "FUCKING WHORE" AS SHE WAS
WAL~NG INTO T~E. HOSPITAL TO GO TO WORK. '
EL~S~BETH GELBAUGH STATED THAT SHE HAD A PFA AGAINST HER
ESTRANGED HUSBAND AND THAT ME WAS IN VIOLATION OF THE PFA.
TH~/ PFA WAS FOUND IN NCIC AND THE DISTRICT ATTORNEY'S OFFICE
WAS.NOTIFIED.OF THE ALLEGATION. THE DEFENDANT WAS FOUND TO BE
IN VIOLATION OF SECTION 2 OF THE ORDER WHICH STATES,' DEFENDANT
IS PROHIBITED FROM HAVING ANY CONTACT WITH PLAINTIFF AT ANY
LOCATION, INCLUDING BUT NOT LIMITED TO ANY CONTACT AT
PLAINTIFF'S SCHOOL, BUSINESS OR PLACE'OF EMPLOYMENT.
~HE DEFENDANT WAS ALSO FOUND TO BE IN VIOLATION OF SECTION 3
OF THE ORDER WHICH STATES THE DEFENDANT SHALL NOT coNTACT
PLAINTIFF BY TELEPHONE OR BY ANY OTHER MEANS, INCLUDING
THROUGH THIRD' PERSONS.
~ BELIEVE THERE IS SUFFICIENT PROBABLE CAUSE AND ASK THAT A
W/~T BE ISSUED.
I ASK THAT A WARRANT OF ARREST BE ISSUSD AND THAT THE ACCUSED Bw. REQUIRED
TO ANSWER THE CHARGE'(S) I HAVE MADE IN THE ABOVE AFFIDAVIT.
I SWEAR TO, O~-AFFIRM, THE WITHIN AFFIDAVIT UPON MY KNOWLEDGE, INFORMATION
AND ~ELIEF, AND SI~N..IT ON , 20 ,
BEFORE W~0SE OFFICE IS THAT OF
SIGNATURE & SEAL.OF.DISTRICT JUSTICE ' SI~NATUR-E OF AFFIANT
PRINT
2 COPIES - DISTRICT JUSTICE
COPY - BUREAU OF POLICE
From:OUMB CO CENTRAL PRO0 WS OENTER7]7 975 2165 04/28/2003 20:04 #13] P.005/007
CUMBER/LA/~D COUNTY PRISON
VICTIM NOTIFICATION FORM
The Defendant, .~/~,4 ~--~ ( ~. C~,~. ~/4~7 ~./
is being co~itted to the.Cu~erland county Prison either for a
violation of a protection order or for a personal inju~ cr~s.
The Vict~ ~rov~es ~he fo~iowlng info~ation ~o assis~ ~he
C~erl~4 County Prison in ~edia~el~ notif~ing ~/her upon
the Defendant's release on bail.
C,~c'r~6: /'4 - {70 ~3
Alternative
Contact
Name
Addr e s s
Phone Home Work
I, , understand that the
Cumberland County Prison will keep the information listed above
separate from the records/files of the Defendant, and that.0r~
current address, ~elephone n--~er(s), and an~ other personal
information is confldential and will not be disclosed to an~
person other than a law en~urcement agency, corrections agen~f or
prosecutor's.o££1ce wlthou~ m~ prior written consent. The
information ~ov~ded above is curren~l~ valid. I further
understand that Lt is my responsibil~ty to provide timel~ notice
of an~ changes in the status of such ~nforma~ion ~o the
C,,-~erland COunty Prison.
Wi~nes~ ." Deke SigP. ature Date
victim was advised of rights by ,
and he/she does not wish ~o be notified u~on Def=ndant's release
on bail.
Signacure 'Da~
04/29/2003 05:55 7177662238 DISTRICTJUSTICE
From:OUMB CO CENTRAL PRO0 ~S CENTER717 975 2166 04/28/2003
OFFICF' OF THE DIST1;ICT ATTORNEY
CUMBERLAND COUNTY
CENTRAL PROCESSING DF, PAR TM£NT
ONE COURTHOUSE SQUARE
CARLISLE, PENNSYI.. VANIA 17015
M.L. EI:~ERI', JR.
DIST, VJCT ATTORNEY
ERIC J. R.4DNO FICH
DIRECTOR , ,
FACSIMILE TRANSMITTAL SHEET
PAGE
18:27 #125 P.O01/O08
(717) 240-6210
TO:
\
~ ARREST WAILIiANT
,,,,~ MIN.~L COMPLAINT
c~'~QBAIIL~ CAUSE AFFIDAVIT
__rd~ fP]EB.'S OATH
NO;;IC£ OF PRELIM. AKEAIGNMENT
NO~JCE OF PRELIM. HEARINO
COUNSEL QUESTIONNAIRE
COD,IME?MENT
OTN ,(__ M Dti~'-
PF, OM:
CUMB£RL,4ND COUNTY D.A. '$ OFF;CE
CF, NTRAL PROCESSING DEPARTMENT
FF,$T SHORE CENTER
FA,~(: (Zl~7) 97J- 2/66
CLEAN RAP SHEET
04/29/2883 05;55 7177662238 DISTRICTJUSTICE PAGE 82
UUMMONWFAI..'I I'1 OF PENN!:;';
COUNTY OF: CUt4-~i.{RI~A.NIj
09-3-05
OhYld~ A. F~f~I')BR
507 N. ¥OR[K l~'l'.
(717)766 '4575
17055
COMMITMENT
ON CALIJ/UU'I'¥ ,q'r^TUS
COMMONWEALTH OF
PENNSYLVANIA
vs.
r ,...': . / .., ,'2 ,. ~
Char,q~§):
ANY AUI'I.IOFIIZED PERSON ol Ihe above named Counl¥ ol Ihl$ Commonweallh: ~,.,.. . ~)
Yotl ale helolW cormnanded Io conve~ and deliver lulu Ihe cu~lod~ o~ Ihe Keeper ol Ihe comfl~ prlsou Ihe
abuve named d~e,dflnl. Yuu, lhe Keeper me requl~d Io ~e~;~lv~ Ihe defend~nl I~do your cuslo(ly Io be
~alely kepi by you u~flil dlsuha~ged by due ~ourse ~ I~w lot:
A PERIOD OF~_ DAYS UNUL
J..3 A I.IEAFIINO AT
Dale: '- Place: II[,.NI)I,.' R DAY ~,ACE¥
:[~;~. l ' 'l COI{IU~AI.CLEMENT I, IAN LOvEELi)I.U{ ..,, ULENBEi{UER
~a'le::' '~' . I Place:
/. .... ,,. u,,,'<,',, c:/::,<' ,,
/
L~ COMMON PLEAS.~ ~ouFrr ACII'ION
O OTHER: '~'-'--.,
CURRENT AMOUNT OF BAIL:
GOMMIIMENT
,, ~-....~~. ~ /,.; '7;//(,
My commission explro~ flrGI Monday ol Janua, ~',
.... Dlsl~lcl Jusllce
SEAL
609.09
OFFICE OF TIlE DIST~ICT ATTORNEY
CUMBERLAND COUNTY
CENTRAL PR O CESSING DEPARTMENT
ONE COURTHOUSE $OUARE
CAR. LISLE, PENNSYLVANIA 17015
M.L. EEERT, JR.
DISTYd CT A TTORNEY
£RIC J~. RADNO V1CH
DIR.~CIfOR _ _
FACSIMILE TRANSMITTAL SHEET
(717) 240-62i 0
TO:
....
__ NO?ICE OF I;~ELIM. ARRAIGNMENT
_ NO~:ICE OF PRELIM. HEARIN0
COUNSF. L QUESTIONNAIRE
CO~MI'.;MENT
CLEAN RAP SHEET
DETAINER (S)
CERTIFICATE TO FACILITATE E~AIL
BAIl. CONDITIONS
BAIL BOND
SURETY INFORMATION
,.~POLICE INPO FOR Df TO SET BAIL
04/29/2003 05:55 7177662238
DISTRICTJUSTICE
P~GE 02
LAJMMONWI:.A/.'! I'1 01': PENW,'~', COMMITMI~N.'I'
04/29/2883 85:55 7177662238 DISTRICTJUSTICE PAGE 82
U~)MMONWI:AI..'I I'1 OF I~ENN,S'~
f.';OUN'I'Y OF: CUMBI~t~t, ANI)
(717)766 '4575
COMMITMENT
OH 6ALL/DU'I'Y STATUS
COMMONWEALTtt OF
I'ENNS YLVANIA
VS.
,
1,t-,,._ SSN;
/_ ,-.---.--- ~ ~,.'...
T() ANY AUI'I.IORIZE~ PERSON ()f lira above named Counly of Ihls COl?lmonweaflh:
You me heFol)y commanded Ia convey and deliver IHlu Ihe cuslo(Jy of Ihe Keeper el Ihe coUnly I)rJsol~ Ihe
above named de[en(Janl. You, Ihe Keel)er me required lo ¢eculve II)e de~endanl II)10 your ctlslo(ly Io be
~alely kepi by you u~dtl dlsuhalged by due ~ourse of law for:
~ A PERIOD OF DAYS UNflL
b~ COMMON PLEAS ~OUFIT ACT,ON
O OTI-IER:__
CURRENT AMOUNT OF BAI '
.~. .. ~
COMMIIMENT REASON}
.... Dlslr Icl Justice
SEAL
,OPC 609.99
From:CUMB O0 CENTRAL PROC WS CENTER717 975 2166 04/28/2003 20:03 #131P.O01/O07
OFFICE OF THE DISTRICT ATTORNEY
CUMBERLAND COUNTY
CENTRAL PROCESSING DEPARTMENT
ONE COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
M.L. EBERT, JR.
DISTRI CT A TTO RNE Y
ERIC J. RADNO VICH
DIRECTOR
(7!7) 240-6210
FACSIMILE TRANSMITTAL SHEET
FROM:
CUMBERLAND COUNTY D.A. °$ OFFICE
CENTRAL PROCESSING DEPARTMENT
WEST SHORE CENTER
FAX: (717) 975 - 2166
04/29/2003 05:55 7177652238 DISTRICTJUSTICE PAGE
Frc~:CL~ C0 CENTRAL PROC ~8 CENTER717 975 2166
CO~, MONWEALTH OF PEI4NOYL.VANIA
~ OF cUrE'AND
O9~01
]PA 17013
04/28/2003 18:28 #125 P.00~008
CRIMINAL COMPLAliNT ANn
PROBABLE CAUSE AFFIDAVIT
. COMMONW~IkLTH OF
PENNSYLVANIA
DEFENDANT: ~'
MITC~LL GTUA.R.T GELBAUG]{.
32'7 W RI'DOE BT
CARLISLE PA 17013 00,)0 O0
MITCH GEGBAU(]H
~ Dockot NO.:
\ O~de Filed:
t OTN:
PA,)210200
ORI NO.:
Dktrlet Attorney'e ,3fflc~ __ Approved --Dlmmpprowd because;
(The OmrlCt Attorney., may reflulm that the complelm, a~m~t wpa'PAI alffidavi% er belh b~ approved by the atlcm'tey for d~e Cc, mmonw..m, p.~or to ming.
Pi.R. Cr.P. 107,) When !1 ~ alI~&IM I$ rio( al poilc~ offlo~f aa dl~'lod In Rule 61 (C) PAd the offlmie(m) ~haqied Inolude(e) a mlmclm~lPAor.)r felony
~loaa not I~vofve e, ol.~r i.'ld prelent 0pager to uny I~mon or the oommunlty, ~, oomplallnt chill ~ eubmltted to the attorney to~ ~ On nnlorwveelth, v,ho
nm. ti Approve or dls~ppm',e without unr~eonoble delay),
of CARZ.I..qLE PD
residing at $3 1<'EST SOUTH ST C;t-RLISLR PA 19013
do hereby state:' (check ~:~m~,~,m
1. Z. I aoouse the abov., natured defendant, who lives st the e:ldmm set Iolab above or,
I acous~ an individual whose name is unknown to me but who is desorlbed es
I accuse th;: defendant whose name anti popular tiesi§nation or niokname Is Ullkoown to raP. and whom I
have ~heref:)m designated sS John Doe
with y~i~,l~ti~),~.l]~.~;n~lTlawc~.~l~tEcommonwe"lth of Pennsylvania at:
in (~;our~y) CUMBER~ on or about 04 2e 2oo3 15o,t t-ma
Partlolp]lnt~ were: (if them were pa~c~per~ ;le=e their nemee I~ere, r~e~ng name of above
The lc, ts re)remitted by the acoueed were:
(Set forlh e mummery of tho feets sufflcWn[ to mdvlS~ ~ dofifldalnt of the natlJro o~ tho offense chl~ged. Ne~er'ho evldenoe nor the strata
llllegedFy Yfotal,.M need bo cited, f~or tlllll & cllatt~ ~ the statute idll~ldly vlollted, I~/Itaalf, bo ~fr~imqt, in al summary e.~e, list fo1111 e
TNDIR]~C? CRIMINAL CONTI~PT - ADULT CT8 I
TH~ AC'...'OR DID VIOLATE TH~ PROTECTION FROM ABUSE
NUMB]~R 2002-2215
TH~ ORDlqR WAS S~;G'NED BY TH~ HONORABLI~
THE O]~/)ER WAS D;%TI~.D 7TH DAY OP AUG~UST
04/29/2003 85:55 7177662238 DISTRICTJUSTICE PAGE 04
From:C~B CO tENTRAL PROC ~S CENTERT17 975
04/28/2003 18:28 #125 P.00~/008
, ~ CRIMINAL COMPLAINT AND
PROBABLE CAUSE AF~DAVIT
Defendant Nameit41~cz'I~Y'~' STO'A~T O~X Do~et'Numbec _
~ AC'~[ VZO~D ~ O~R BY VIO~T~ B~CTTON 2 ~ ~ OF ~
O~ IN V~,~TION OF 6114 ~ DP ~H ACT OF 2~
OK ~ ~ O~IN~CE OF
'3.
I ask that a warrant of arrest ee4-m~Kq~e~ be Issued and that the accused be required to answe.- the charges
I have made. (In order for a warrant of arrest to Issue, rite attached affidavit of pr~babte cause must
completes &nd ,sworn to before the issuing authority.)
I verify that the f;~cts set forth in thla complaint are true and ~rreot to the best of my knowledge cr information
and belief. I 'cart:fy the oomplaint has been properly completed and verified, and that there is pm~eble cat.tee
for the l~euance of process. This verification is made aubJect to the penalties of 8action 4904 of the Crimes
Code (18 PA. C.G. 4804) relating to unsworn falsification to authorities,
Date: ~,.,') .c · ---
AND NOW, on this date, I certify the ~omplalnt hae been properly oomplete(I ~nd
verified, and that there I~ probable cause for i~uance of process.
04/29/2B03 05:55 7177662238 DISTRICTJUSTICE PAGE 05
From:OUl~ CO £'ENTRAL PRO0 ~IS CENTER717 975 2166
0412812005 18:28 #125 P,00.,I/008
PG 1
1
INFORMATIO~:
yOUR AFFL~NT RECEIVED A CAL~ FROM ELISA~-T~ G~'L~UGH, ~O 9~
~)~IN~ AT T~ ~ISLE HOSPIT~. MS ~B~H STA~ ~T
L~ ~ ~D ~R A "~CKING ~0~" ~ SHE W~
~,IS~ OE~U~H STATED ~T S~ ~ A PFA ~NST ~,
~E W~A W~ FO~ ~ NC~C ~ ~ DISTRICT A~O~Y'S OFFI~
W2~ NOTIFI~. OF ~ ~LE~TI~. ~ DEF~ W~ FO~ TO ~E
IN VIO~TI~ OF SE~ION 2 OF ~ 0~ ~I~ STA~S,' DE~'~
I~ pROHIBI~D FR~ ~V~ ~ CO~ WI~ ~IPF AT ~;
~TI~, ~CL~I~ B~ NOT LIMITED TO ~ CO.ACT AT
pI~IFF~S S~L, BUSI~SS O~ P~ 'OF ~PLO~.
Ot' ~ O~ER ~I~ STA~S ~ DEF~ S~ ~T C~ACT
PI~iFF BY T~LEPHO~ OR ~Y ~ O~ER ~S, INCL~I~
T}~OUGH ~I~' P~S.
~ BELI~ ~ IS SUFFICI~ PRO~L~ ~USE ~ ~K ~T ~
W~ BE ISleD.
A~K THAT A WARRANT OF ARREST BE ISSUED AND THAT
BELIEF, ~ SI~ IT ON , 20
2 COPIES DZ~TRICT JUSTIC~ 1 COPY ' BUREAU OF POLICE
04/29/2003 05:55 06,
:co~ ol~
From:OUMB CO CENlRAL PROC WS CENTER717 975 2166
,,
717766662238 DISTRICT JUSTICE PAGE
04/28/2003 18:28 #125 P,005/008
API~ICATION FOR THE
A$$IGNIVXENT OF COUNSEL
B~FOR~ A DISTRICT FOSTICE
I~LD~G~
\ -
ENPLQYHENT ('iisi: b~lo~* your pl'e~enl: employment In~rmiUon):IF NONE ~A~ 'NONE"
and addm;s of emptor: How L~ng:
Pay m~e:
3o1~ Uric:
received from SSZ, ,Idende
Amount Source
DAY __
Phone:
the last'~2 n~o~-~hs and the source of the money. Thin Indude~ menle~
ee or A~ ~ther nau~.) ~ NONE ~ATB "NONE'
Am0uflt Sou~
3. OT~i~ HOUSI~HOLK INCOMe (lisa all oi:h~r source your household) IF NONe STATE ~NONE'
Amouni: .... Source Source
vnhleme --- ~TB ~HONE"
5, de~ ~u owe, ~e i~unt and ~ whom It Il owed) IF NONE
~ount Amount 0w~ to
6. EA~tjJ. B~~(ll~the nmture of! , ZF NONE ~I"ATE 'NONE"
Nome Relationship CRy/State
,r verify that the sMtemen, l'e mede In this application ere true and correct. [ understand that false statements herein ere
mede subject to the penallY, es o1' ~ 8 Pa,C,$,A ae~tlon 4904, re/BUng to UnswOflt Fel$1ffcation To Autholftle$.
DATE: SIGNATURE: ...... .- --
04/29/2003 05:55 7i77662238 DISTRICT JUSTICE PAGE
From:CUl~ CO (~NTRAL PROC ~lS CENTER717 975 2166 04/28/2005 18:29 #125 P.O~/O08
07
CUMBERLAND COUNTY PRISON
VICTIM NOTIFICATION FORM
is being c3~i:ted ~o the C~e:land Co~y Prison e~er fo: a
violacic, n ,~ a pratec=ion 'order or for a personal tn~u~ erie.
C~e=lnnd,~Couty erioon ~ ~odiately notifying b~e~ ~n
the Defender's release ou ba~l.
V£ cttn~' Ns!,.·
ts
Phone Eome
Con~ac=
Address .... - ........ ,
Phone Home
Cumberland ,:ou~t:~ PFLs~n,
Withe= W Date ~i~natu=e Date
__ Vic:i;3 was advised of rights,by ..... · ,
and he/she does not w~sh =o be not~fte~'-~Pon-De~endan~'W release
on bail.
04/29/2003 05:55 7177662238 DISTRICTJUSTICE PAGE
Fro~:CU~B CO [ENTRAL PRO0 WS CENIEE7]7 975 2]6§ 04/28/2005 18:29 #125 P.007/008
· ' POLICE rNFORMATION POR DISTRICT JUSTICE TO SET SAH,
2.
3.
4,
Low Bail
H~,e no. core,ct with vi~m/n anyn~umer ~oever.
TJFe~t to.flee ,
fa/led to report ~or court as instructed on pr~ous occasion~.
9.
10.
11.
12.
13.
14.
15.
17.
18.
1~.
20.
21.
22.
23.
24.
25.
27.
(~mildenllal laformaat reques~ ROK,
~mtm Ponce .,
Parole Dm~ or Sram ~t ~s c~
~ of ~~t f~ing
On ~ ~ ~cohol
~-op~e no p~bl~
~ appe~ for ~
~s ~o~ph~e to
Stem w~ing ~t
Stem ~ing w~'t
Mu~, no b~
.On~ w~ to pmtea _ ,
~o o~e to c=e for
DUI - Om of Sta~ $500.~
~=~N~s mmt~ he~mm~ ~ess proble~
04/29/2003 85:55 7177662238 DISTRICTJUSTICE PAGE 09
Fro~;CUMB []0 ['ENTRAL PRO0 WS CENTER717 975 2166 0412812003 18:29 #]25 P,008/008
ARRAZGNMENT REQUEST FORM [M2/M3]
P__ REARRAIGNMENT COHMUN~CA TION !NFORMA TION
To be completed by police officers at central processing
Defendant:
Address;
Is there an active warrant ~or defendant and Is it attached?
Are warrants coming from other departments7 From where:
~s this a domestic violence warrantless arrest?
[s defendant a Pennsylvania resident7
[$ defel~dant"s identify verified?
Has above address been verified? How/by whom: 2 ?- 3
Has defendant been processed? h~o~.r~.E~s/r~c~ OFF~WS~-
Has defendant demanded arraignment?
Does defendant appear to have mantel health issues?
Does defendant pose a threat tO themselves or others? ]f so explain In
Do you believe defendant will appear for future court appearances?
If no state reasons;
Zs there other Information that the District ]ustlce should be aware of In
making the derision to arraign:
Date
~me
~ffleer'j Nime and Oepartment
Phone Number
E' ~rrti~ent f~rm.uI~ ~¢
l~t t~rint~ 0~/25/02 2;~2/¥4
From:OUMB O0 CENTRAL PRO0 t~S OENTER7]7 975 2]66
CUMBER/LAND COUNTY PRISON
VICTIM NOTIFICATION FORM
is being co~itted ~o the Cu~erland county Prison either for a
violation of a protection order or for a personal inju~ cr~e...,
The Vict~ prov~de~ ~he foliowing lnfo~ation ~o assis~ the
C~rl~d County Prison ~n ~edia~ell notif~ng ~/her upon
the Defendant's release on bail. '
04/28/2003 20:04 #181 P.005/007
, ff
Phone Home 3q$ -~
Alternative
Contact
Name
Address
work .~dy~- s'-~,.~ )
Phon~ Home Work
I, , understan~ that the
Cumberland County Prison will keep the informatiou listed above
separete from the records/files of the Defender, and that.~r~
current address, telephone n,,-her(~), and an~ other personal
information is confldential and will not be disclosed to a~.
erson other than a law enforcement agency, corrections agency or
~ro~ecu~or's.o~lce ~thoue m~ prior wrlt~en consent. The~
informa~ion §'~ovided above is currently valid. .I fu.rther.
understand that it ia my responsibillty to pr?vLd~ ~.~n. el~lnotice
of any changes in the status of such information
C,,~erlana County Prison.
Withes ~ Date Signature Date
victim was advised of rights by ,
and he/she does not wish ~o be notified upon Defendant's release
on bail.
signs=ute Date
C. ERTIFICATION OF BAIL
AND DISCHARGE c.P. TERM & NO. 02-2215 Civil Term
COMMONWEALTH VS. (Defendant Name and Address) CHARGE(S):
Mitch S. Gelbaugh, 327 W. Ridge St., Carlisle, Pa 17013 Indirect Criminal Comtempt - P F A
[] ROR (no surety)
[] Nominal Bail
[] Bail (total amount set, if any $ 5,000.00
[] Conditions of Release (aside from appearing at court when required:)
NEXT COURT ACTION
Date and Time Location
5/6/03 I0:00 ~ Courtroom #5, Cumberland County Courthouse
TO: [] Detention Center [] Other
I hereby certify that sufficient bail has been entered
[]By the defendant []On behalf of the defendant
by:
SECURITY OR SURETY (IF ANY)
[] Professional Bondsman
[] Surety Company
[] Money fumished by
[] Defendant
[] 36 Party
Name:
Address:
JUDGE OR ISSUING AUTHORITY
George E. Hoffer, P.J.
APPEARANCE OR BAIL BOND
THIS BOND IS VALID FOR THE ENTIRE PROCEEDINGS
AND UNTIL FULL AND FINAL DISPOSITION OF ANY
PETITION FOR WRIT OF CERTIORARI OR APPEAL
TIMELY FILED IN THE SUPREME COURT OF THE
UNITED STATES.
(Name & Address of Surety) (License No.)
· Refund of cash bail will be made within 20 days after final disposition
(Pa.R.Cr.P.4015(b)
· Refund of all other types of bail will be made promptly after 20 days following
final disposition. (Pa.R. Cr.P.4015(a)
· Bring Cash Bail Receipt to Prothonotary
DISCHARGE THE ABOVE-NAMED DEFENDANT FROM CUSTODY IF
DETAINED FOR NO OTHER CAUSE THAN THE ABOVE STATED:
Given under my hand and the Official Seal of this Court.
This 29th d,~f A~
' (Prothonotary o~llssuing Authority)
WE, THE UNDERSIGNED, defendant and surety, our successors, heir and assigns, are jointly and severally
bound to pay to the Commonwealth of Pennsylvania the sum of FIVE THOUSAND dollars ($5,000.00).
SEE ATTACHED FOR BAIL CONDITIONS
TO BE USED ONLY FOR PERCENTAGE CASH BAIL:
The undersigned about to become Surety in the case cited herein, being duly sworn (or affirmed), disposes and says:
1. I reside at my phone number is
and my occupation is and I work for _.
2. I have no undisposed of cdminal cases against me pending
In the Courts of the aforesaid County. except as follows:
3. I am not Surety on any bond of any kind except as follows:
DATE AMOUNT DEFENDANT
4. I have carefully read thgfforegoing; idav~,and know it is true and correct.
I ACKNOWLEDGE THAT I AM LEGALLY RESPONSIBLE FOR BAIL.
The following acknowledgement is also applicable
X.~. ___~__~. ?~_ ,~ ~ (SEAL)
THIS BOND SIGNED ON 29th day of April, 2003 ~ -~?J/?/1 , ~ .z/ i'~(,~ ,~___.~(,~ (SEAL)
At Carlisle, PA s,ig 'ature of Surety-(l~ay be Bondsman B-ail'~gency, or pdvate individual or
organization). Except when defendant is releasbd on his own recognizance
Signed and acknowledged before,me this
29th day of ~1~00~__~~
/. 'l/hz,lA_
T "~P-roth~-o~ot~ ~r ,ssui~Authodty)
(ROR), this must be ~gned in all bail situ_.ations, i(~cduding nominal bail.
ADDRESS OF SURETY, SURETY COMPANY OR DEFENDANT
Surety No. or Professional Bondsman License No. & Expiration Date
BAIL CONDITIONS
The Conditions of this bond are that the defendant
will:
(1) Appear before the issuing authority and in the
Courts of the County of Cumberland,
Pennsylvania at all time as his presence may be
required, ordered or directed, until full and final
disposition of the case, to plead, to answer and
defend as ordered the aforesaid charge or
charges.
(2) Submit himself to all orders and processes of the
issuing authority or Court.
(3) The DEFENDAND and SURETY must give
written notice to the issuing authority,
Prothonotary, District Attorney and Court Bail
Agency of any change in his address within forty-
eight hours of the date of his change of address.
(4) Comply with any specific requirement of release
imposed by the issuing authority or Court, such
as a satisfactory participation in a designated
program.
(5) Neither do, nor cause to be done, nor permit to
be done on his or her behalf, any act proscribed
by Crimes Code section 4952 (relating to
intimidation of witnesses or victims) (18 Pa.C.S.
{}{}4952, 4953).
(6) Obey such other condition as the Court, or Court
Bail Agency with leave of issuing authority or
Court, may impose.
If defendant performs the condition as set forth
herein, then this bond is to be void, otherwise the
same shall remain in full force and this bond in the
full sum thereof shall be forfeited.
And further, in accordance with law, we do hereby
empower any attorney of any court of record
within the Commonwealth of Pennsylvania or
elsewhere to appear before us at any time, and
with or without declarations filed, and whether or
not the said obligation be in default, to confess
judgement against us, and in favor of the
Commonwealth of Pennsylvania for use of the
aforesaid County and its assigns, as of any term
or session of court of record of the aforesaid
County for the above sum and costs, with release
of all errors, without stay of execution, and
inquisition on and extension upon any levy or real
estate is hereby waived, and condemnation
agreed to, and the exemption of person property
from levy and sale on any execution hereon is
also hereby expressly waived and no benefit of
exemption is claimed under and by virtue of any
exemption law now in force or which may be
passed hereafter. And for so doing this shall be
sufficient warrant. A copy of this bond and
warrant being filed in said action, it shall not be
necessary to file the original as a warrant of
attorney, any law or rule of the Court to the
contrary, not withstanding.
Vo
MITCHELL S. GELBAUGH,
Defendant
COMMONWEALTH OF PENNSYLVANIA: IN THE COURT OF COMMON PLEAS OF :
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 2002-2215 CIVIL TERM
:
: PROTECTION FROM ABUSE
: Indirect Criminal Contempt
MOTION FOR CONTINUANCE
Defendant, Mitchell S. Gelbaugh, by and through his attomey, Law Offices of Paul Bradford
Orr, moves the Court for an Order continuing the hearing in the above-captioned case on the grounds
that:
1. A Temporary Protection From Abuse Order was issued by this Court on August 7,
2002.
2. A criminal complaint was filed on April 28, 2003, charging the Defendant with
Indirect Criminal Contempt of the Protection from Abuse Order.
A hearing is scheduled for May 8, 2003 at 1:00 PM before the Honorable Edward E.
Guido.
4.
5.
Undersigned counsel has been retained to represent the Defendant.
Defendant's counsel needs additional time to properly prepare for the hearing that is
currently scheduled for May 8, 2003.
6. The underlying original Protection From Abuse allegations have never been the
subject of a hearing.
7. Defendant requests that the underlying Protection From Abuse allegations be heard
by this Honorable Court on the merits.
8. Defense counsel was retained on Thursday May 1, 2003, and was unaware of the
complexity of the case in that prior violations had occurred and been subject of prior hearings
morever there are records that need Subpoenaed.
WHEREFORE, the Defendant respectfully requests this Honorable Court to continue the hearing
scheduled for May 8, 2003, to a time and date suitable to all parties.
Date:
Respectfully Submitted,
THE LAW OFFICES OF PAUL BRADFORD ORR
Carlisle, PA 17013
(717) 25S-S55S
Supreme Court ID # 71786
COMMONWEALTH
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MITCHELL S. GELBAUGH
ORDER OF COURT
02-2215 CIVIL TERM
AND NOW, this ~ day of May, 2003, the motion for a
continuance by defendant, opposed by the Commonwealth, IS GRANTED. The case is
reassigned this judge and shall be heard at 8:45 a.m., Wednesday, May 14, 2003, in
Courtroom Number 2, Cumberland County Courthouse, Carlisle, Pennsylvania.
District Attorney's Office
Paul Bradford Orr, Esquire
For Defendant
:sal
(~~~Edgar B. Bayle~, J.
ELIZABETH GELBAUGH ' IN THE COURT OF COMMON PLEAS OF
· CUMBERLAND COUNTY, PENNSYLVANIA
V. '
MITCHELL S. GELBAUGH ' NO. 2002-2215 CIVIL TERM
PROTECTION FROM ABUSE
Indirect Criminal Contempt
ORDER OF COURT
AND NOW, this 6TM day of MAY, 2003, the hearing scheduled by District Justice
Elder for May 6, 2003, at 10:00 a.m. is hereby rescheduled for THURSDAY, MAY 8,
2003, at 1:00 p.m.
P. Richard Wagner, Esquire
Paul B. Orr, Esquire
Victim Witness . [),./ ~ /~o~t ~ '
Edward E. Guido, J.
:sld
ELIZABETH E. GELBAUGH,
Plaintiff
MITCH S. GELBAUGH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
02-2215 CIVIL TERM
QRDER QF COURT
AND NOW, this 14th day of May, 2003, I adjudicate
defendant in violation of the contempt order. Sentence is that
you pay a fine payable to Cumberland County in the amount of
$100.00, and undergo a period of unsupervised probation for six
months on condition that you comply with all terms and
conditions of the temporary abuse order of August 7, 2002.
By the/~~
Edgar B. rley, J.
/atthew P. Smith, Esquire
Assistant District Attorney
~Faul B. Orr, Esquire
For Defendant
Sheriff
prs
05-1 -0
ELISABETH E. GELBAUGH,
Plaintiff,
MITCH S. GELBAUGH,
Defendant.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2002-2215 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT_
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on May 6, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed from the date of filing and service 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.
4. 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.
I verify that the statements made in this affidavit are tree and correct. I
understand that false statements hereto are made subject to the penalties of 18
Pa.C.S. Section 4904, relating to unswom falsification to authorities.
DATE:
Elisabeth E. Gelbaugh
SHERIFF'S
CASE NO: 2002-02215 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GELBAUGH ELISABETH E
VS
GELBAUGH MITCH S
RETURN - REGULAR
SGT BARRY HORN , Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within AFFIDAVIT
GELBAUGH MITCH S
DEFENDANT , at 1514:00 HOURS,
at ONE COURTHOUSE SQUARE
CARLISLE, PA 17013
MITCH GELBAUGH
a true and attested copy of AFFIDAVIT
was served upon
on the 30th day of June
the
, 2004
by handing to
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
28.00
Sworn and Subscribed to before
me this [ ~-- day of
(~,~.~ .~ ,~ z~.~'~ .~ A.D.
t ~rothonot ary
So Answers:
R. Thomas Kline
M3kNCKE WAGNER
By:
ELISABETH E. GELBAUGH, : IN THE COURT OF COMMON PLEAs
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVA~NiA
V.
: NO. 20021-2215
: CIVIL ACTION - LAW
MITCH S. GELBAUGH, :
: IN DIVORCE
Defendant .
~TICE QF INTENTION TO
ENTRy OF DIVORCE DEC~
TO: Mr. Mitch Gelbaugh
327 W. Ridge Street
Carlisle, PA 17013
YOU HAVE BEEN SUED IN an action for divorce· You have
failed to answer the complaint or file a Counter-affidavit to the
~3301(d) affidavit. Therefore, on or af ·
the Plaintiff can request the c~ ~ te~ ~~~,
divorce, v~ ~o enter aJfinal 'dec~ in
If you do not file with the Prothonotary of the Court an
answer with your signature notarized or verified or a Counter-
affidavit by the above date, the Court can enter a final decree
in divorce. Unless you have already filed with the court a
written claim for economic relief, you must do so by the above
date or the court may grant the divorce and you will lose forever
the right to ask for economic relief.
A COUNTER-AFFIDAViT WAS PREVIOUSLY SUPPLIED TO YOU.
YOU SHOULD T~E 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, PA 17013
(717) 240-6200
ELISABETH E.
MITCH S.
GELBAUGH,
Plaintiff,
GELBAUGH,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERIJ~ND COUNTY, PENNSYLVA/~IA
:
NO. 2002-2215
:
: CIVIL ACTION - LAW
:
IN DIVORCE
:
CERTIFICATE OF SERVI(~
I, Debra K. Spinner, Secretary in the law firm of MANCKE,
WAGNER, and SPREHA, do hereby certify that I am this day serving
a copy of the foregoing document to the following persons and in
the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by
depositing the same in the United States Mail, Harrisburg,
Pennsylvania, with first class postage, prepaid, and addressed as
follows:
Mr. Mitch Gelbaugh
327 W. Ridge Street
Carlisle, PA 17013
DATE:
By d
Debra K. Spinner, Secretary
MANCKE, WAGNER, & SPREHA
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorneys for Plaintiff
ELISABETH E. GELBAUGH, : IN THE COURT OF cOMMON PLEAS
: cUMBERLAND COIINTY, PENNSYLVANIA
Plaintiff, :
: NO. 2002-2215
CIVIL ACTION - LAW
MITCH S. GELBAUGH, :
: IN DIVORCE
Defendant. :
QERTIFICATE OF SERVIC~
I, Debra K. Spinner, Secretary in the law firm of NL~NCKE,
WAGNER & SPREHA, do hereby certify that I am this day serving a
copy of the Defendant's Affidavit and Plaintiff's Counter-
Affidavit under Section 3301(d) of the Diworce Code to the
Defendant, Mitch S. Gelbaugh, and in the manner indicated below,
which service satisfies the requirements of the Pennsylvania
Rules of civil Procedure, by Sheriff's Service, a copy of proof
of service attached hereto and incorporated herein by reference.
By _
Debra K. Spinne~r, Secrenary
MiLNCKE, WAGNER & SPREHA
2233 North Front Street
Harrisburg, PA 17110
p. Richard Wagner, Esquire
Attorneys for Plaintiff
SHERIFF'S RETURN
CASE NO: 2002-02215 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
GELBAUGH ELISABETH E
VS
GELBAUGH MITCH S
SGT BARRY HORN ,
- REGULAR
Cumberland County, Pennsylvania,
says, the within AFFIDAVIT
GELBAUGH MITCH S
Sheriff or Deputy Sheriff of
who being duly sworn according to law,
was served upon
the
DEFENDANT , at 1514:00 HOURS, on the 30th day of June
at ONE COURTHOUSE SQUARE
, 2004
CARLISLE, PA 17013
MITCH GELBAUGH
by handing to
a true and attested copy of AFFIDAVIT
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service .00
Affidavit .00
Surcharge 10.00
.00
28.00
Sworn and Subscribed to before
me this day of
A.D.
So Answers:
R. Thomas }[line
07/01/2004
MANCKE WAGNER
By:
~y~riff
Prothonotary
ELISBETH E. GELBAUGH,
Plaintiff,
V.
MITCH S.
GELBAUGH,
Defendant.
~OTICE
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
NO. 2002-2215
:
: CIVIL ACTION - LAW
:
IN DIVORCE
:
TO DEFENDkNT
If you wish to deny any of the statements set forth in this
Affidavit, you must file a Counter-Affidavit within twenty (20)
days after this Affidavit has been served on you or the
statements will be admitted.
pLAINTIFF'S AFFIDAVIT E~DER
SECTION 3301(d~ OF THE DIVORCE CODE
1. The parties to this action separated April 15, 2002,
have continued to live separate and apart for a period of at
least two (2) continuous years.
and
2. The marriage is irretrievably broken.
3. 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.
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. Section 4904 relating to
unsworn falsification to authorities.
Elisabeth E,, ~el~augh '
DATE:
ELISABETH E. GELBAUGH,
Plaintiff,
MITCH S. GELBAUGH,
Defendant.
: IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVkNIA
:
NO. 2002-2215
:
: CIVIL AC%ION - LAW
:
IN DIVORCE
:
DEFENDANT'S COUNTER-AFFIDAVIT UNDER
SECTION 3301(d~ OF THE DIVORCE CODE
Check either
(a)
(b)
(i)
(ii)
(a) or (b):
I do not oppose the entry of a divorce decree.
I oppose the entry of a divorce decree because
(Check (i) or (ii), or both):
The parties to this action have not lived separate
and apart for a period of at least two years.
The marriage is not irretrievably broken.
2. Check either (a) or (b):
( ) (a)
I do not wish to make any claims for economic
relief. 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.
( )
(b)
I wish to claim economic relief which may include
alimony, division of property, lawyer's fees or
expenses or other important rights.
I understand that in addition to checking (B) above, I must
also file all of my economic claims with the Prothonotary in
writing and serve them on the other party. If I fail to do so
before the date set forth in the Notice of Intention to Request a
Decree in Divorce, a Decree in Divorce may be entered without
further notice to me and I should be unable thereafter to file
any economic claims.
I verify that the statements made in this Counter-Affidavit
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Mitch S. Ge]Ibaugh
DATE:
SEPARATION AND PROPERTY SETTLE~:NT AGREEMENT
THIS AGREEMENT, made this ] ~ day of~,
2003, by and between MITCHELL S. GET.m~J3GH, of Carlisle,
Cumberland County, Pennsylvania, hereinafter referred to as
"Husband," and ELISABETH E. GELBAUGH, of Carlisle, Cumberland
County, Pennsylvania, hereinafter referred, to as "Wife."
W~EREAS, Husband and Wife were lawfully married on December
14, 1996, in York County, Pennsylvania; and
WHEREAS, certain differences have arisen between the
parties, as a result of which they have decided to separate, and
are desirous therefore of entering into an Agreement which will
distribute their marital property in a manner which is equitable
and will provide for their mutual responsibilities and rights
growing out of the marriage relationship; and
WHERF2%S, the parties hereto, after being properly advised by
counsel, or having had the opportunity of being properly advised
by counsel, understand the legal impact of this Agreement and
execute this Agreement intending to be legally bound by the terms
of this Agreement.
NOW, THEREFORE, in consideration of the above recitals and
the following covenants and promises mutually made and mutually
to be kept, the parties heretofore, intending to be legally bound
and to legally bind their heirs, successors and assigns thereby,
covenant, promise and agree as follows:
1. ~F~.~___T_I_Q~: The parties agree to live separate and
apart from one another at such places as he or she may from time
to time choose or deem fit.
2. IN_~: Each party shall be free from
interference, authority and contact by the other, as fully as if
he or she were single and unmarried, except as may be necessary
to carry out the provisions of this Agreement. Neither party
shall molest the other nor attempt to endeavor to molest the
other, nor compel the other to cohabit with the other, nor in any
way interfere with the peaceful existence, separate and apart
from the other.
3. WI_~: Wife represents and. warrants to Husband
that since the date of this Agreement she has now, and in the
future she will not, contract or incur any debt or liability for
which Husband or his Estate might be responsible and shall
indemnify and save Husband harmless for any and all claims or
demands made against him by reason of debts or obligations
incurred by her.
4. ' EBT : Husband represents and warrants to
Wife that since the date of this Agreement he has not, and in the
future he will not, contract or incur any debt or liability for
which Wife or her Estate might be responsible and shall indemnify
and save Wife harmless from any and all claims or demands made
against her by reason of debts or obligations incurred by him.
5. ~: Subject to the provisions of this
Agreement, each party waives his or her right to alimony and any
further distribution of property inasmuch as the parties hereto
agree that this Agreement provides for an equitable distribution
of their marital property in accordance with the Divorce Code of
1980. Subject to the provisions of this Agreement, each party
has released and discharged, and by this Agreement does for
himself or herself, and his or her heirs, legal representatives,
executors, administrators and assigns, re[Lease and discharge the
other of and from all causes of action, c[[aims, rights or demands
whatsoever in law or equity, which either of the parties ever had
or now has against the other, except any or all cause or causes
of action for divorce and except in any or all causes of action
for breach of any provisions of this Agreement. Each party also
waives their right to request marital counseling pursuant to
Section 202 of the Divorce Code.
-2-
6. EOUIT~m?m DISTRIBUTION OF F~%RITAL PROPERTY: The parties
have attempted to distribute their marital property in a manner
which conforms to the criteria set forth in Section 401 of the
Pennsylvania Divorce Code, and taking in to account the following
considerations: the length of the marriage; the fact that it is
the Wife's second marriage and the Husband.'s second marriage; the
age, health, station, amount and sources of income, vocational
skills, employability, estate, liabilities, and needs of each of
the parties; the contribution of each party to the education,
training or increased earning power of the other party; the
opportunity of each party for future acquisitions of capital
assets and income; the sources of income of both parties,
including but not limited to medical, retirement, insurance or
other benefits; the contribution or dissipation of each party in
the acquisition, preservation, depreciation or appreciation of
the marital property, including the contribution of each spouse
as a homemaker; the value of the property set apart to each
party; the standard of living of the parties established during
the marriage; and the economic circumstances of each party at the
time the division of property is to become effective.
The division of existing marital property is not intended by
the parties to constitute in any way a sale or exchange of
assets; and the division is being effected without the
introduction of outside funds or other property not constituting
marital property, the division of property under this Agreement
shall be in full satisfaction of all marital rights of the
parties.
A. F~%RITA~: The parties hereto mutually agree that
the marital home situate at 40 Sheraton Drive, Carlisle,
Cumberland County, Pennsylvania, shall be transferred unto Wife
herein. Husband agrees to release, relinquish and discharge any
and all right, title and interest in said property.
Wife agrees to re-finance the mortgage on said marital home
so as to remove Husband's name, and Husband agrees to cooperate
by executing any and all documents necessary to effectuate the
same. In the event that Husband does not execute the documents
necessary to allow Wife to re-finance, Wife is relieved from the
obligation of re-financing the marital home and also being solely
responsible on account of the mortgage thereon.
-3-
B. RENTAL PRf)PERTIES: Husband and Wife agree that prior to
the marriage, Husband owned rental properties, and that after
marriage, Husband accumulated and acquired certain rental
properties. Wife agrees to release, relinquish and discharge any
and all right, title and interest in any real property in which
Husband has an interest except for the property contained in
paragraph A above at 40 Sheraton Drive, Carlisle, Cumberland
County, Pennsylvania. Wife further agrees to execute all
documents necessary to effectuate the provisions of this
Agreement, including waiving any and all right, title and
interest in any rental income on any said rental properties
received by Husband from the date of separation to the date of
the execution of this Agreement.
Further, Husband discharges Wife from any and all right and
responsibility on account of any debts related to said properties
up until the date of the execution of this Agreement.
C. ~ERSO~L~Ju PROPERTY: The parties hereto agree that the
remaining personal property accumulated during the marriage has
been or will be satisfactorily divided between the parties. Each
party agrees that upon receipt and possession of said items of
personal property that that personal property will become the
sole and exclusive property of the person in whose possession the
property is vested.
The parties agree to release, relinquish and discharge any
and all right, title and interest in the property in the other's
possession.
7. AL!q~O~Pf: Both parties acknowledge and agree that the
provisions of this Agreement providing for equitable distribution
of marital property are fair, adequate and satisfactory to them
and are accepted by them in lieu of and in full and final
settlement and satisfaction of any claims or demands that either
may now or hereafter have against the other for support,
maintenance or alimony. Husband and Wife further, voluntarily
and intelligently, waive and relinquish any right to seek from
the other any payment for support or alimony.
-4-
8. ~T.TI~.'Lr,,P~ PENI~RNTE LITE. C(YONSELFEES. AND E~NSES:
Husband and Wife acknowledge and agree that the provisions of
this Agreement providing for the equitable distribution of
marital property of the parties is fair, adequate and
satisfactory to them. Both parties agree to accept the
provisions set forth in this Agreement in lieu of and in full and
final settlement and satisfaction of all claims and demands that
either may now or hereafter have against the other for alimony
pendente lite, counsel fees or expenses or any other provision
for their support and maintenance before, during and after the
commencement of any proceedings for divorce or annulment between
the parties.
9. WAIVERS OF CLAIMS AGAINST ESTATES~: Except as herein
otherwise provided, each party may dispose of his or her property
in any way, and each party hereby waives and relinquishes any and
all rights he or she may now have or hereafter acquire, under the
present or future laws of any jurisdiction, to share in the
property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, right to take in
intestacy, right to take against the Will of the other, and right
to act as administrator or executor of the other's estate, and
each will, at the request of the other, execute, acknowledge and
deliver any and all instruments which may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interests, rights and claims.
10. ~UBSEOUENT DIVORCE: The parties agree that Wife has
filed a no-fault complaint in divorce against Husband at No.
2002-2215 in the Court of Common Pleas of Cumberland County,
Pennsylvania. Husband and Wife each agree to sign an affidavit
of consent and an affidavit waiving counseling to be filed in
said divorce action. In the event such divorce action is
concluded, Husband shall be entitled to receive a copy of the
Decree in Divorce for the normal fee charged by the Prothonotary
and shall not be assessed any costs of the proceeding. In the
event such divorce action is concluded, the parties shall be
bound by all the terms of this Agreement, which shall not be
incorporated by reference into the Divorce Decree, but shall in
all respects survive the same and be forever binding and
conclusive upon the parties.
-5-
11. BRF~%C~: If either party breaches any provision of this
Agreement, the other party shall have the right, at his or her
election, to sue for damages for such breach, or seek such other
remedies or relief as may be available to him or her, and the
party breaching the contract should be responsible for payment of
legal fees and costs incurred by the other in enforcing his or
her rights under this Agreement.
12. ADDITIONAL INSTRUMENTS: Each of the parties shall from
time to time, at the request of the other, execute, acknowledge
and deliver to the other party any and all further instruments
that may be reasonably required to give full force and effect to
the provisions of this Agreement.
13. VQLUNTARY EXECUTION: Husband and Wife acknowledge the
provisions of this Agreement are fully understood by both
parties. Each party acknowledges that the Agreement is in all
respects fair and equitable, and it is entered into voluntarily
and knowingly, and not as the result of any duress or undue
influence.
14. ENTIRe: This Agreement contains the entire
understanding of the parties and there are no representations,
warranties, covenants or undertakings other than those expressly
set forth herein. Husband and Wife acknowledge and agree that
the provisions of this Agreement with respect to the distribution
and division of marital and separate property are fair, equitable
and satisfactory to them based upon the length of their marriage
and other relevant factors which have been taken into
consideration by the parties. Both parties hereby accept the
provisions of this Agreement with respect to the division of
property in lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now have or
hereafter have against the other for equitable distribution of
their property by any court of competent jurisdiction pursuant to
Section 401(d) of the Divorce Code or any other laws. Husband
and Wife each voluntarily and intelligently waive and relinquish
any right to seek a court order determination and distribution of
marital property, but nothing herein contained shall constitute a
waiver by either party of any rights to seek the relief of any
court for the purpose of enforcing the provisions of this
Agreement.
-6-
15. DISC~SUP~: Husband and Wife each represent and
warrant to the other that he or she has made a full and complete
disclosure to the other of all assets of any nature whatsoever in
which such party has in interest, the sources and amount of the
income of such party of every type whatsoever and of all other
facts relating to the subject matter of this Agreement.
16. MODIFICATION A~D WAIVER: A modification or waiver of
any of the provisions of this Agreement shall be effective only
if made in writing and executed with the same formality as this
Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not
be construed as a waiver of any subsequent default of the same or
similar nature.
17. DESCRIPTIVE HEADINGS: The descriptive headings used
herein are for convenience only. They shall have no effect
whatsoever in determining the rights or obligations of the
parties.
18. INDEPENDENT SEPARATE COVENANTS: It is specifically
understood and agreed by and between the parties hereto that each
paragraph hereof shall be deemed to be a separate and independent
covenant and agreement.
19. ~: This Agreement shall be construed
under the laws of the Commonwealth of Pennsylvania.
20. ~: If any term, condition, clause or
provision of this Agreement shall be determined or declared to be
void or invalid in law or otherwise, then only that term,
condition, clause or provision shall be stricken from this
Agreement and in all other respects this ~reement shall be valid
and continue in full force, effect and operation.
21. AGREEMENT BINDING ON HEIRS: This Agreement shall be
binding and shall inure to the benefit of the parties hereto and
their respective heirs, executors, administrators, successors and
assigns.
-7-
22. ~: Husband and Wife agree that each party
has certain credit cards in the name of that individual party.
Each party agrees to be responsible for all credit indebtedness
on each credit card in the name of that person.
Each party agrees to indemnify and save harmless the other
on account of any credit card indebtedness for which the other
may have to pay on a credit card in the name of the other.
The parties both acknowledge that they are unaware of any
credit cards in the name of both parties.
The parties d~wledge a line of credit which was
secured by Husband~.~lSand agrees to be solely responsible on
said line of credit. Husband agrees to indemnify and save Wife
harmless on account of said line of credit, and agrees to execute
any and all documents necessary to confirm responsibility on
account of said indebtedness. The line of credit balance is as
of November 17, 2003.
23. CASH PAINT: In consideration of the mutual covenants
contained herein and in further consideration of the transfers by
Wife to Husband, Husband agrees to pay Wife the sum of Thirty-two
thousand ($32,000.00) dollars, said sum of money payable upcn tkc
·
HoT usban the hot
currently at the 40 Sheraton Drive residence shall become the
sole and separate property of Husband. Both parties shall agree,
through counsel, to a convenient date for Husband to remove the
same.
IN WITNESS WHEREOF, the parties hereto have set their, wh;ands
and seals the day and year first above ~ritten.~ ,~ / /
~itnes~-' ~ Mi-tchel-~ S.! Gelb~
Elisabeth E. Gelbaugh
-8-
COMMONWEALTH OF PENNSYLVANIA:
:SS.
COUNTY OF ~
ON THIS, the / 5T~ day of ~Dc..~q.~,.
2003, before me, the undersigned
ON THIS, the c~$~
day of '~~ ., 2003, before me, the undersigned
officer, personally appeared ELISABETH E. GELBAUGH, k~lown to me (or satisfactorily
proven) to be the person whose name is subscribed to the attached document, and acknowledged
that she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
' J,. ~. '
Notary Public ~
My Commission Expires:
~:OMMONWEALTH OF PENNSYLVANIA
My Co-aWa~n F_x~e= Se~. 3, 2007
Member, Pennsylvania Association Of Notaries
officer, personally appeared MITCHELL S. GELBAUGH, known to me (or satisfactorily proven)
to be the person whose name is subscribed to the attached document, and acknowledged that he
executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
My Commission Expires:
COMMONWEALTH OF PENNSYLVANIA:
:SS.
ELISABETH E. GELBAUGH,
Haint~,
MITCH S. GELBAUGH,
Defendant.
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2002-2215 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was
filed on May 6, 2002.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety
(90) days have elapsed fi.om the date of filing and service 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.
4. 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.
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. Section 4904, relating to unsworn falsification to authorities.
DATE:
Mitch S. Gefl~alaq~/
ELISABETH E. GELBAUGH,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLANqD COUNTY, PENNSYLVANIA
: NO. 2002-2215 CIVILTERM
MITCH S. GELBAUGH.
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REOUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF Tl~ DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I understand that I may lose fights 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 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
filed with the prothonotary.
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. §4904 relating to unswom falsification to authorities.
Mitch S. Gelba~'~
DATE:
ELISABETH E. GELBAUGH,
Plaintiff,
¥.
: IN THE COUR;T OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO: 2002-2215 - CIVIL TERM
MITCH S. GELBAUGH,
Defendant.
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT THE RECORD
TO THE PROTHONOTARY:
TRANSMIT the record, together with the following information, to the Court for entry of a
Divorce Decree:
1. Ground for divorce: irretrievable breakdown under Section 3~c), 3301(d) of the Divorce
Code. (Strike out inapplicable section.)
2. Date and manner of service of the Complaint: May 8, 20{)2, by certified mail, restricted
delivery, return receipt requested.
3. (Compile either paragraph (a) or (b):
Date of execution ofthc Affidavit of Cons~a requmxl by Section 3301(¢) of the
Divorce Code: By Plaintiff:
By Defendant:
Co) (1)
Date of Execution of the Plaintiff's Affidavit required Section 3301(d) of
the Divorce Code: May 21, 2004
(2) Date of serviee of the PlainfiW s At~Sdavit unto the Defendant: 6/30104
4. Related claims pending: None
5. (Complete ether (a) or (b).)
(a)
(b)
(¢)
Date and manner of service of the Notice of Inteation to File Praec'q~ to Transmit
the Record, and _a _-~__eh a copy of said Notice: under Section 3301 (d) (1)(i) of the
Divorce Code: 7/20/04 by first class mail, postage p~paid.
Date PlaintiWs ,W, avier of N73~~ the Pmthonota~:
All~mey for Plaintiff
ELISABETH E. GELBAUGH, :
:
Plaintiff, :
V.
:
:
MITCH S. GELBAUGH, :
Defendant. :
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2062-2215
CIVIL ACTION - LAW
IN DIVORCE
TO:
NOTICE OF INTENTION TO REOUEST
ENTRy OF DIVORCE DECRE~
Mr. Mitch Gelbaugh
327 W. Ridge Street
Carlisle, PA 17013
YOU HAVE BEEN SUED IN an action for divorce. You have
failed to answer the complaint or file a counter-affidavi,t to the
~3301(d)affidavit. Therefore, on or after ~ z~ ~Z9~ ,
~ihveorPclea.lntlff can request the Court to enteI~ ih
If you do not file with the Prothonotary of the court an
answer with your signature notarized or verified or a counter-
affidavit by the above date, the court can enter a final decree
in divorce. Unless you have already filed with the court a
written claim for economic relief, you must do so by the above
date or the court may grant the divorce and you will lose forever
the right to ask for economic relief.
A COUNTER-AFFIDAVIT WAS PREVIOUSLY S 'r
UPP.~IED TO YOU.
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, PA 17013
(717) 240-6200
ELISABETH E. GELBAUGH,
Plaintiff,
V.
MITCH S. GELBAUGH,
Defendant.
IN THE COURT OF CO~ON PLEJtS
CUPIBERLAND COUNTY, PENNSYLVJ~NIA
NO. 2002-2215
CIVIL ACTION - LAW
IN DIVORCE
EERTIFICATE OF SERVIC'[
WAGNER,
Debra K. Spinner, Secretary in the law firm of PLANCKE,
and SPREFUt, do hereby certify that I am this day serving
a copy of the foregoing document to the following persons and in
the manner indicated below, which service satisfies the
requirements of the Pennsylvania Rules of Civil Procedure, by
depositing the same in the United States Mail, Harrisburg,
Pennsylvania, with first class postage, prepaid, and addressed as
follows:
Hr. Mitch Gelbaugh
327 W. Ridge Street
Carlisle, PA 17013
ueDra K. Spinner,/Secretary
MANCKE, W ~
AGNLR, & SPREHA
2233 North Front Street
Harrisburg, PA 17110
P. Richard Wagner, Esquire
Attorneys for Plaintiff
ELISABETH E. GELBAUGH
VERSUS
MITCH S. GELBAUGH
iN THE COURT OF COMMON PLEAS
Of CUMBERLAND COLJNTY
STATE OF PENNA.
No. 2002-2215 CIVIL
DECREE lin
DIVORCE
ANd NOW
DECREED THAT
AND
IS ORDERED AND
ELISABETH E. GELBAUGH
, PLAINTIFF,
MITCH S. GELBAUGH
, 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;
NONE
BY THE COU T:
PROTHONOTARY