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Home My WebLink About02-2605 GARY L. RHOADES Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KATHRYN A. RHOADES Defendant CIVIL ACTION - LAW NO. OJ.-JJpOa ~ 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 ~elief 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 di vorce irretrievable breakdown of the marriage, you counseling. A list of marriage counselors Office of the Prothonotary at: is indignities or may request marriage is available in the Office of the Prothonotary Cumberland County Court House Carlisle, Pennsylvania 17103 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 HELP: Cumberland County Lawyer Referral Service 2 Liberty Avenue Carlisle, Pennsylvania 17103 (717) 249-3166 GARY L. RHOADES Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. KATHRYN A. RHOADES Defendant. CIVIL ACTION - LAW .J NO. 0:1.. :u. oJ IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Gary L. Rhoades, by and through his attorney Gregory J. Katshir, Esquire, with the following Complaint and prayer for relief wherein it is set forth as follows: COUNT I - DIVORCE 1. Your Plaintiff is Gary L. Rhoades, an adult individual residing at 239 South 18th Street, Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is Kathryn A. Rhoades, an adult individual whose last known address was 2003 Columbia Avenue, Camp Hill, Cumberland County, Pennsylvania. 3. Defendant is a national of the United States of America. 4. Plaintiff and Defendant were married on August 7, 1987, in Camp Hill, Pennsylvania. 5. Both parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months prior to the filing of this Complaint. 6. There have been no prior actions for divorce or annulment between the parties. 7. The Plaintiff avers that: a) The marriage is irretrievably broken and is irretrievably broken to the extent that the parties are separated and will remain separated into the future, for such a period as would extend beyond that provided by law for the granting of a divorce decree under the laws of our Commonwealth; and b) The Defendant has offered such indignities to the person of the Plaintiff, the injured and innocent spouse, as to render his condition intolerable and his life burdensome. 8. The Plaintiff acknowledges and avers that he has been advised that marriage counseling is available to him, and to either party, and has further been advised of his right to request that this Honorable Court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant him a decree in divorce. Respectfully submitted, PA 10#61967 900 Market Street Lemoyne PA 17043 (717) 763-8133 5 VERIFICATION OF KNOWLEDGE, INFORMATION AND BELIEF I verify that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false averments herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATE: .!:j /1-0 / () z. G&O~~ 6 FROM: Rupp ~Meikl~ FAX NO. 730 0214 Jul. 19 2002 08:47AM P1 GARY L. RHOADES, IN THE COURT OF COMMON PLEAS CUMBERlAND COUNTY, PENNSYLVANIA Plaintiff v. NO. () 2... - 2..bO~ IN DIVORCE KATHRYN A. RHOADES, Defendant ACCEPTANCE OF SERVICE I, Richard C. Rupp, Attorney for the Defendant in t e above referenced Divorce Action, do hereby accept service of t DATE: {iIk..t- , I 2,w 2. 0 0 0 c I') -n s: -on'; c !!] Et; r- -~ N Z v~ <:.N -'" r:~ --c' ...::: 2::: C f;(~: t'.) . ( - ":"- :::: =< co ~ >- ~ ~~ U.JC> ():/ It::, (-) i rJ) ::~ 1...1..1' _~-1 LL I:~ Ll d en L.r: {~~J ?: 2" 8~ ;~ .;YJ . --=; ~Lj Lb ~)I"1- .,~ ~5 o cr., '''' >-- CIf"" ::c ,",,,I a ~ ~ e'~ \~ ~ ~ ~ - ~ ~ ~ ~ {5 ......... ~~ GARY L. RHOADES Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. . . KATHRYN A. RHOADES Defendant : CIVIL ACTION - LAW : NO. 02-2605 CIVIL : IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW comes Defendant, Kathryn A. Rhoades, by and through her attorneys Rupp and Meikle and Richard C. Rupp, Esquire, with the following Answer and Counterclaim and prayer for relief: COUNT I - DIVORCE 1. Admitted. 2. Admitted in part and denied in part. It is admitted that the Defendant is Kathryn A. Rhoades, an adult individual who formerly resided at 2003 Columbia Ave., Camp Hill, Cumberland County, PA. By way of further answer, Defendant now resides at 139 Creek Vista Dr., New Cumberland, PA 17070. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted in part and denied in part. a) It is admitted that the marriage is irretrievably broken and it is Irretrievably broken to the extent that the parties are separated and remain separated into the future, for such periods that would extend beyond that provided by law for the granting of a Divorce Decree under the laws of our Commonwealth. b) It is denied. To the contrary, the Defendant offered no indignities to the person of the Plaintiff. The Plaintiff is not an iniured and innocent spouse and his condition was not rendered intolerable nor his life burdensome. To the contrary, it was the Plaintiff who offered and caused indignities to the person of the Defendant, the iniured and innocent spouse as to render her condition intolerable and her life burdensome by the PlaintiWs conduct and behavior and actions. 8. Admitted. WHEREFORE, the Defendant respectfully requests this Honorable Court to enter a Decree in Divorce divorcing the parties from the bonds of matrimony. COUNT II - COUNTERCLAIM COUNT I - DIVORCE - NO FAULT - NON-CONSENT 9. Paragraphs 1 through 8 of Defendant's aforesaid Answers are incorporated herein by reference. 10. The parties separated on or about February 14,2001 and have been separated ever since. 11. More than two years has elapsed since the date of their separation. WHEREFORE, the Defendant respectfully requests this Honorable Court to enter a divorce in accordance with Pennsylvania law for a no fault - non- consent divorce under 23 Pa. C.S.A. 3301 (d). 2 COUNT II - FAULT DIVORCE - INDIGNITIES In the alternative, the Plaintiff offered and caused such indignities to the person of the Defendant, the iniured and innocent spouse, as to render her condition intolerable and her life burdensome by reason of the causes, actions and conditions of the Plaintiff under 23 Pa. C.S.A. 3301 (a)(6). WHEREFORE, the Defendant respectfully requests this Honorable Court to enter a Decree in Divorce dissolving the bonds of matrimony under the grounds of a fault divorce in accordance with 23 Po. C.S.A (a) (6). RESPECTFULLY SUBMlnED, RUPP AND MEIKLE By: Ric ard C. Rupp, squir 355 N. 21 sl St., Ste. 205 Camp Hill, PA 17011 717-761-3459 Atty. I.D. No. 34832 Attorneys for Defendant Date: ~l~ lD3 3 VERIFICATION I, Kathryn A. Rhoades, verify that the statements in the foregoing document are true and correct to the best of my knowledge, information and belief. Said statements are based on my own knowledge, belief or information. I understand that false statements herein are made subiect to penalties of 18 Pa. C.S.A. Ii 4904 relating to unsworn falsification to authorities. ~~~'^~.fj\,'QMfAJ.U\ ") KATHRYN A. RHOADES, Defendant Date: ~ -~~ ... D3 CERTIFICATE OF SERVICE AND NOW, this V~ ~y of March, 2003, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same in the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Gregory J. Katshir, Esquire 900 Market Street Lemoyne, PA 17043 (") c ~ I:.J eel nlr":~; Z:-J~ Z1:,.._- (j) -" .~ ~c" :;"(') ~o )>c Z =< C::-" , .....h."- \~ ~(; "'"" :::.- ""~,.. -...... .,0 ~....s GARY L. RHOADES PlaintiH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. : KATHRYN A. RHOADES Defendant : CIVIL ACTION - LAW : NO. 02-2605 CIVIL : IN DIVORCE AFFIDAVIT UNDER SECTION 3301 Cd) OF THE DIVORCE CODE 1. The parties to this action separated on February 14, 2001 and have continued to live separate and apart for a period of at least two years. 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 aHidavit are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa. C.S. 6 4904 relating to unsworn falsification to authorities. Date: D\~\\C:{3 It . \("-~~, ~ rI.....:J KATHRYN . ROADES, Defendant NOTICE If you wish to deny any of the statements set forth in this aHidavit, you must file a counter-aHidavit within twenty days after this aHidavit has been served on you or the statements will be admi"ed. () c s: -0 CO rnrr,' z-\~. Zr~ (/) >: ~~.:. ~CJ ~Q ~c' ~(:: ~ C> "'" :z :tlIO -< a ..., ..... :1::11 ~ I1F m CJ , o -ri ;"'i II -.: (') om .--; '1c'" J:J -< w C> ~ :Jl: r:::> :..,) (X) GARY L. RHOADES Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. KATHRYN A. RHOADES Defendant : CIVIL ACTION - LAW : NO. 02-2605 CIVIL : IN DIVORCE AFFIDAVIT OF CONSENT: 1. A Complaint in Divorce under 6 3301 (c) of the Divorce Code was filed on May 29, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subiect to the penalties of 18 Pa. C.S. Ii 4904 relating to unsworn falsification to authorities. Date: ~\~\\ ~3 , , ~~",-Y.?-- ~(JO\ ~l THRYN A: RHOADES, Defendant (") c :s:: ""Oct: mfT; z::::: zc:- (j) ~..-' -<::: ~c ~c: 0:;::::<-., -c ~ o w :::r. :00- -< W o o ." . :f~~ '~-T.r.l '~-~]Q )CL) --4_-T' ,~-H ';.0 ::.)m :::; ~ -0 ::;;: r:-! ,:.,.) \D GARY L. RHOADES PlaintiH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. KATHRYN A. RHOADES Defendant : CIVIL ACTION - LAW : NO. 02-2605 CIVIL : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER i 3301 C c ) AND 3301 Cd) OF .THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced 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 subiect to the penalties of 18 Pa. C.S. g 4904 relating to unsworn falsification to authorities. Date: ~\ ta-\ \ D3> , It 'V-a. ~~~~~, ~DlX.. ~ J KATHRYN A. RHOADES, Defendant (") c:: ? -oe'O mrT'i Z::D ZC W"',; ~~: )? "'. Zl...,..: =CJ ..vC::' z:. -4 -< C> w ::c ']7.... -<. W <=') -0 ::J: ~ :...> C1) o .,., -.....{ -c ; 11 p;l -p r'r:t -bO -~b .'~~:g ',-jo :7m S 35 ~ GARY L. RHOADES PlaintlH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . v. . . . . KATHRYN A. RHOADES Defendant : CIVIL ACTION - LAW : NO. 02-2605 CIVIL : IN DIVORCE PRAECIPE TO TRANSMIT 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 3301 (c) ( X ) Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: July 18, 2002 - Acceptance of Service by Defendant's afforney 3. Complete either paragraph (a) or (b): (a) Date of execution of the aHidavit of consent required by Section 3301 (c) of the Divorce Code: (b)(l) Date of execution of defendant's aHidavit required by Section 3301 (d) of the Divorce Code: May 30. 2003 (b)(2) Date of service of defendant's aHidavit upon plaintiH: May 30. 2003 4. Related claims pending: Date: ocr /12.../63. NONE r: Richard C. u~ire Rupp and Meikle Afforney I.D. #34832 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Counsel for Defendant GARY L. RHOADES PlaintiH : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : v. KATHRYN A. RHOADES Defendant : CIVIL ACTION - LAW : NO. 02-2605 CIVIL : IN DIVORCE PRAECIPE TO TRANSMIT 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 3301 (c) ( X ) Section 3301 (d) of the Divorce Code. 2. Date and manner of service of the complaint: July 18, 2002 - Acceptance of Service by Defendant's attorney 3. Complete either paragraph (a) or (b): (a) Date of execution of the aHidavit of consent required by Section 3301 (c) of the Divorce Code: (b)(l) Date of execution of defendant's aHidavit required by Section 3301 (d) of the Divorce Code: May 30, 2003 . (b)(2) Date of service of defendant's aHidavit upon plaintiH: May 30. 2003 4. Related claims pending: Date: oc( /12.../63 NONE r;; Richard C. u~ire Rupp and Meikle Attorney I.D. #34832 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Counsel for Defendant CERTIFICATE OF SERVICE 14. AND NOW, this /7. day of September, 2003, I hereby certify that I have served a copy of the within document on the following by depositing a true and correct copy of the same In the U. S. Mail at Harrisburg, Pennsylvania, postage prepaid, addressed to: Gregory J. Katshlr, Esquire 900 Market Street Lemoyne, PA 17043 Richard C. RU~' Esqui I~ ~~~ ~ ~~ ~~ ~~ ~~~~~~~~ ~ ~ ~ ~~~~~~~~ ~~ ~ ~~ ~ Of. ~ ~ ~ ~;+:w. . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. GARY L. RHOAnRS No. 02-260'> VE:RSUS KATHRYN A. RHOAnRS . DECREE IN h DIVORCE i;~ 0 ~ ~ ~ ~O ;'5 o,omo ANO . AND NOW, DE:CRE:ED THAT ';ARY L. RHOAnRS PLAINTIFF, AND KATHRYN A. RHOADES , 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; IOwr . il;V\. p." ~'orHONorA'r . . II .. ~~:+:;t;~;f.~ :+; . . . . . . , . . . . . . . . . . . . . . . . . . . . . . . , . , . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . , . . . . . " ~~~~~U; ~r7 fzo '7 ~-~? ;PP .. '. . . 1 .~ [(;1 (?['. ~ Cd' .0 f -,.f GERALD E. STRAWSER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 04-2605 CIVIL TERM RHONDA STRAWSER, Defendant : CIVIL ACTION - LAW : DNORCE COUNTER-AFFIDAVIT UNDER SECTION 336Hd) OF THE DIVORCE CODE 1. Check either (a) or (b): D (a) I do not oppose the entry of a divorce decree. D (b) I oppose the entry of a divorce decree because: Check (i), (ii), or both: (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): D (a) I do not wish to make any claim for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees, or expenses if! do not claim them before a divorce is granted. IX (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees, or expenses or other important rights. I hereby verifY that the statements made in this Counter-affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. ~4904 relating to unsworn falsification to authorities. Date: 1 -;):; -os Signature: ~&o..\cA. ~~ Rhonda Strawser ~:2 :,~. .-.0 <"" t..-;;;' en c...., ,.- t'.:.:~ N U1 o .." ~ rn:D r- ::um ~.CJC? ~S~) " ;:.:-';-j-' ;~G iijC<l ~D -< ry c." N