Loading...
HomeMy WebLinkAbout06-7306Sandra L. Wilton, Esquire Daley, Zucker & Gingrich 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonAdzglaw.corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER, Plaintiff V. JAN D. RUMBERGER, Defendant No. 06 - `7 3 6 4 a ? It 4u,- CIVIL ACTION - LAW (In Divorce) NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Street, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 DALEY, ZUCKER & GINGRICH, LLC Date: " d '- By: andra L. Meilton, Esqu re Supreme Court ID # 32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff Sandra L. Meilton, Esquire Daley, Zucker & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton(a,dzglaw.corn IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER, Plaintiff V. JAN D. RUMBERGER, Defendant No. d ? -7304 ow-1 4e-r,,. CIVIL ACTION - LAW (In Divorce COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Elizabeth Rumberger, who currently resides at 5 Springdale Way, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Jan D. Rumberger, who currently resides at 5 Springdale Way, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been a bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on April 17, 1982. 5. There have been no prior action of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court requires the parties to participate in counseling. 8. The causes of action and section of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about December 11, 2006. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce from the bonds of matrimony. Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC Date: By: andra L. Meilton, Es uire Supreme Court ID #32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff http: / /mail.google.com /mail /?attid=0.1&disp=vah&view=att&th=10fg2e720204ea 16 12/14/2006 07:52 PM I, Elizabeth Rumberger, 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 unworn falsification to authorities. Date: /S-- OG Eli eth Rumberger, Plaintiff http://mall.google.com/mail/?attld=0.1&disp=vah&view=att&th=1Of82e720204eal6 Page 4 of 5 CERTIFICATE OF SERVICE -No I, Jennifer L. Carl, Paralegal, hereby certify that on this d of nxm bEY , 200_, a true and correct copy of the Complaint in Divorce was served upon the Defendant, Jan D. Rumberger, by United States Mail, Certified-Return Receipt Requested, Restricted Delivery, Postage pre-paid, to the following address: Jan D. Rumberger 5 Springdale Way Mechanicsburg, PA 17050 Respectfully submitted, DALEY, ZUCKER & GINGRICH, LLC By: J er L. Carl, Paralegal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 j1 N4 G3 U , 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Counsel for Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER Plaintiff V. NO. 06-7306 Civil Term JAN D. RUMBERGER Defendant CIVIL ACTION - DIVORCE PRAECIPE To the Prothonotary: Please enter the appearance of Theresa Barrett Male, Esquire on behalf of Defendant in this proceeding. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Counsel for Defendant Date: January 15, 2007 tom. L _ CZ) Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmglaw.com THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER, Plaintiff V. JAN D. RUMBERGER, Defendant No. 06-7306 CIVIL ACTION - LAW (In Divorce) PETITION FOR SPECIAL RELIEF AND NOW COMES, Petitioner/Plaintiff, Elizabeth Rumberger, by and through her undersigned counsel, pursuant to Section 3323(f) of the Divorce Code, to file this Petition for Special Relief. In support thereof, the Petitioner avers as follows: 1. Petitioner, Elizabeth Rumberger, is the Plaintiff is the above-referenced divorce action. 2. Respondent, Jan D. Rumberger, is the Defendant in the above-referenced divorce action. 3. Petitioner filed a Complaint in Divorce at the above referenced docket number, on December 28, 2006. 4. The parties are owners of and have various joint and individual martial assets that are subject to equitable distribution, including, but not limited to the following: a. Jointly owned real estate located at 5 Springdale Way, Mechanicsburg, Cumberland County, Pennsylvania (hereinafter "marital residence") b. A joint account through Smith Barney valued in excess of One Hundred Eighty-Four Thousand and 00/100 ($184,000.00) Dollars; Petitioner's individual account through Smith Barney valued in excess of Nine Thousand and 00/100 ($9,000.00) Dollars; and Respondent's individual account through Smith Barney valued in excess of Three Hundred Fifty- Two Thousand and 00/100 ($352,000.00) Dollars; and C. A joint home equity line of credit through Wachovia Bank with an available line of credit of approximately One Hundred Thousand and 00/100 ($100,000.00) Dollars. 5. Since the parties' separation on or about December 28, 2007, Respondent has continued to reside in the marital residence. 6. On February 15, 2007, during a four party conference, the parties agreed that neither party would make any changes to any of the joint or individual accounts through Smith Barney or Wachovia Bank without the prior consent of the other party, including changes to any beneficiaries of these accounts. 7. This agreement was drafted into separate letters that were signed by both parties and sent to Smith Barney and Wachovia. Copies of the letters are attached hereto as Exhibit "A" and "B" respectively. 8. The parties further agreed that each party would maintain the other party as beneficiaries to these accounts and any existing life insurance policies. 9. Petitioner's Counsel was subsequently informed by Tim Engle of Smith Barney that he understood the parties' agreement and indicated that a court order would need to be obtained confirming the parties' request. 10. During the four party conference, the parties also discussed the various options regarding the disposition of the martial residence, including selling the marital residence or one of the parties purchasing the home from the other. 11. Petitioner's Counsel subsequently received email correspondence from Respondent indicating that the house should be placed on the market "ASAP." 12. On March 7, 2007, Petitioner's Counsel sent a letter to Respondent's Counsel outlining a proposed timeline for selling the marital residence, as well as the need for a court order to ensure that neither party can make changes to the Smith Barney or Wachovia Bank accounts. A copy of this letter is attached hereto as Exhibit "C" and incorporated by reference. 13. Although the parties signed a listing agreement for the sale of the house on March 25, 2007, Petitioner's Counsel has not received a response regarding the need for a court order for the Smith Barney and Wachovia accounts. 14. On Friday, March 16, 2007, Petitioner's Counsel sought concurrence of Respondent's Counsel to file a joint petition for special relief by drafting a joint motion and forwarding said motion to Respondent's Counsel; however, there has been no response from Respondent or Respondent's Counsel regarding said petition. 15. Due to the lack of response from the Respondent regarding these matters and the communication from Respondent to the Petitioner, Petitioner is concerned that Respondent will not abide by the original agreement and will dissipate the martial assets identified herein. 16. This concern is further reinforced by email correspondence Petitioner received from Respondent on March 17, 2007 as well as email correspondence Petitioner and Petitioner's Counsel received from Respondent on March 29, 2007. 17. There have been no prior issues in the same or related matter that have been ruled on by the Court. WHEREFORE, Petitioner respectfully requests this Honorable Court grant this petition for special relief and enter an Order consistent with the parties' previous agreement directing that neither party can make changes or withdraw funds from any of individual or joint accounts without the written consent of the other party; that neither party interfere with the efforts to sell the marital residence; and that the beneficiary designation on the parties existing life insurance policies remain as they were at the time the parties separated. Respectfully Submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC -? Date: By: j4A??? andra L. Meilton, Esquire Supreme Court ID # 32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff VERIFICATION I, Elizabeth Rumberger, verify that the statements made in this Petition for Special Relief are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: .0 4A7: ,c--c._, , El' eth Rumberger, Plaintiff Exhibit "A" February 15, 2007 1&. Tim Engle Engle/Snyder Group Citigroup Global NIkU Inc. Smith Barney 214 Senate Ave. Camp Hill, Pa. 17001 Re: account # 54J-00761-11 4JXj 543 - -- 6Q4 3- If Jan D. Rumberger & Elizabeth Rumberger Advisory Choice Dear Tim, I+J,X, Sy-J-(cb149--I? 4J)( Please be advised that no changes should be allowed for this account unless both parties agree to such changes in writing. Thank you. Sincerely, Rumberger Jan Exhibit "B" February 15, 2007 Mr. David Zentz Wachovia 5201 Simpson Ferry Road Mechanicsburg, Pa. 17050 Re: Prime Equity Line 4386-5422-1293-8176 Dear David, Please be advised that until further notice no additional borrowing is to be allowed on the above line of credit unless it is agreed upon in writing by both parties specified below. Thank you. i?tbeth L. Rumberger Jan/D. R Exhibit "C" March 7, 2007 KATHLEEN CAREY DALEY, ESQ. PATRICIA CAREY ZUCKER, ESQ. SANDRA L. MEILTON, ESQ. STEVEN P. MINER, ESQ. KATHLEEN MISTURAK-GINGRICH, ESQ. LINDSAY GINGRICH MACLAY, ESQ. QUINTINA M. LAUDERMILCH, ESQ. PATRICIA A. PAT-TON OFFICE ADMINISTRATOR REPLY To: EAST SHORE OFFICE Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17101 Re: Rumberger v. Rumberger Dear Theresa: I was hoping to be able to speak with you earlier this week; however, I understand from Susie that your trial schedule has you booked for the next several days. We are scheduled to speak next Tuesday but given the delay, I wanted to provide the following regarding the sale of the Rumberger residence. If you have been following the emails, neither the Desfors nor the Sistos are interested in purchasing the marital residence. Jan has indicated in his last email that the house should be placed on the market "ASAP". He indicated in the email that he wants to be part of the choosing of the broker. In that regard, Betsy said that she is satisfied to use any of the following: 1. Elizabeth Knouse of the Homestead Group; 2. Bob Hughes with Jack Gaughen; or 3. Keith Sealover with Keller Williams. Elizabeth Knouse advised Betsy that frequently in domestic. situations each individual would have their representative at the same real estate firm. In other words, Ms. Knouse could serve as Betsy's representative and Jan could select another representative within the Homestead Group. Ms. Knouse indicated that this is fairly common practice with all of the agencies. I would think that this might be a good idea for the parties to each have their own representative. In order to keep this matter moving, we propose the following deadline: 1. By the end of this week (March 9), the selection of the realtor and real estate firm should be determined. EAST SHORE: 1029 SCENERY DRIVE, HARRISBURG, PA 17109 - 717-657-4795 - 717-657-4996 FAX WEST SHORE: 1035 MUMMA ROAD, SUITE 101, WORMLEYSBURG, PA 17043 - 717-724-9821 - 717-724-9826 FAX Theresa Barrett Male, Esquire March 7, 2007 Page 2 2. By the end of next week (March 16), the selected agency and representatives could do the walk through. Both Betsy and Jan should be present for the walk through. 3. The house should be officially listed no later than March 19, 2007. Since we will not be able to talk until Tuesday, perhaps this schedule could be forwarded to Jan and perhaps we can get decisions made even before you and I have an opportunity to speak. In addition to the above, Tina Laudermilch received a call this week from CitiGroup regarding the letter that was sent on February 28 enclosing a copy of the request from Betsy and Jan that changes cannot be made to the accounts without the consent of both Jan and Betsy. Unfortunately, this written documentation is not sufficient for CitiGroup's purposes. In order to ensure that neither Jan nor Betsy can make any changes to any of the individual or joint accounts we will need to file a petition for special relief and seek an order from the Court. Tina will begin to prepare the petition and I am hopeful that you will consent and joint in the petition. We can discuss this further on Tuesday, but if you have any questions, please contact me. I look forward to hearing from you. Sincerely, DALEY ZUCKER MEIL'TON MINER & GINGRICH, LLC Sandra L. Meilton SLM.•gmr cc: Elizabeth Rumberger CERTIFICATE OF SERVICE h I, Jennifer L. Carl, Paralegal, hereby certify that on this30? day of March, 2007, a true and correct copy of the foregoing Petition for Special Relief was sent via United States First Class Mail, postage pre-paid, addressed as follows: Theresa Barrett Male, Esquire 513 North Second Street Harrisburg, PA 17109 Attorney for Defendant Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: j,"' I _- 0" C_?'_ 0 er L. C rl, P egal 1029 Scenery Drive Harrisburg, Pennsylvania 17109 (717) 657-4795 © (..' ,_3 ;.,. ELIZABETH RUMBERGER, Plaintiff V. JAN D. RUMBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-7305 CIVIL TERM ORDER OF COURT AND NOW, this 5`h day of April, 2007, upon consideration of Plaintiff's Petition for Special Relief, it is ordered and directed as follows: 1. Pending further order of court or mutual agreement of the parties, neither party shall transfer, dispose of, encumber, or otherwise diminish the value of any marital property; and 2. A hearing on the petition is scheduled for Monday, July 2, 2007, at 1:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, Sa ,pdra L. Meilton, Esq. 29 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff eresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17109 Attorney for Defendant :rc af? J.( Wesley O1 r., J. 4,? \t t f 1 o!m ._4-1 iu Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER . Plaintiff . V. JAN D. RUMBERGER . Defendant NO. 06-7306 Civil Term CIVIL ACTION - DIVORCE PETITION FOR LEAVE TO WITHDRAW AS COUNSEL 1. Defendant Jan D. Rumberger retained Petitioner to represent him in this action. 2. Professional considerations require termination of the representation. 3. Plaintiff's counsel does not oppose this petition. 4. Defendant concurs in this request. Wherefore, Petitioner respectfully requests the court to grant her Petition to withdraw as counsel for Defendant. Respectfully Submitted, 0 Yi(Gl?L. di}?} Zz- Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Petitioner Date: May 9, 2007 2 w PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Sandra L. Meilton, Esquire Daley, Zucker, Meilton, Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Attorneys for Plaintiff Jan D. Rumberger 5 Springdale Way Mechanicsburg, PA 17050 Defendant 4 Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: May 10, 2007 n - --.::; I-Ti -_ 1''x.1 •? ELIZABETH RUMBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAN D. RUMBERGER, Defendant NO. 06-7306 CIVIL TERM ORDER OF COURT AND NOW, this 15`h day of May, 2007, upon consideration of the Petition for Leave To Withdraw as Counsel, a Rule is hereby issued upon all interested parties, to show cause why the relief requested should not be granted. RULE RETURNABLE within 7 days of service. J andra L. Meilton, Esq. 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff heresa Barrett Male, Esq. 513 North Second Street Harrisburg, PA 17101 Attorney for Defendant ..,/n D. Rumberger 5 Springdale Way Mechanicsburg, PA 17050 :rc J BY THE COURT, q f L NZ Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER Plaintiff V. NO. 06-7306 Civil Term JAN D. RUMBERGER Defendant CIVIL ACTION - DIVORCE MOTION TO MAKE RULE ABSOLUTE 1. On May 14, 2007, Petitioner filed a petition for leave to withdraw as counsel for defendant in this proceeding. 2. On May 15, 2007, the Court issued a rule to show cause, which was served on counsel and defendant, and which was returnable seven days from the date of service. 3. The return date has passed without answer by either plaintiff or defendant. "µ 1 Wherefore, Petitioner requests the Court to make the rule absolute and to grant her leave to withdraw as Defendant's counsel in this action. Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 Petitioner Date: June 13, 2007 2 PROOF OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document upon the persons and in the manner indicated below which service satisfies the requirements of Pa. R.C.P. 440: Service by first-class mail addressed as follows: Sandra L. Meilton, Esquire Daley, Zucker, Meilton, Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 Attorneys for Plaintiff Jan D. Rumberger 5 Springdale Way Mechanicsburg, PA 17050 Defendant Theresa Barrett Male, Esquire Supreme Court # 46439 513 North Second Street Harrisburg, Pennsylvania 17101 (717) 233-3220 Petitioner Date: June 13, 2007 ??.., - ?-? ? ? : = _ ? :? ---t ` - ` z ., _ ;_ ? _w- _a : ? , r '; _. ; iw 3 Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltonAdzmmglaw.com THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER, Plaintiff V. JAN D. RUMBERGER, Defendant No. 06-7306 CIVIL ACTION - LAW (In Divorce) NOTICE TO ATTEND TO: Jan D. Rumberger, Defendant 5 Springdale Way Mechanicsburg, Pennsylvania 17050 You are hereby directed to come to Cumberland County Court House, Court Room No. 1, One Courthouse Square, Carlisle, PA, on July 2, 2007 at 1:30 p.m. for a hearing scheduled before the Honorable J. Wesley Oler, Jr., to testify as on cross-examination on behalf of Plaintiff in the above case, and to remain until excused. And, bring with you the following: 1. Copies of any documents that will verify all income you received since your last day of employment with Telkore, Inc. 2. Copies of any documents that will verify the severance package you received from your employment with Telkore, Inc. 3. Copies of all applications for employment and verification of all resumes submitted in an effort to obtain employment since your last day with Telkore, Inc. 4. Copies of all account statements from May 31, 2006 to present verifying the amount of funds currently available through Val-E Investments, Inc. 5. Copies of all account statements from November 30, 2006 to present verifying the amount of funds available in your Smith Barney IRA. If you fail to attend or to produce the documents or things required by this Notice to Attend, you may be subject to the sanctions authorized by Rule 234.5 of the Pennsylvania Rules of Civil Procedure. Respectfully submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Date: '1910 - By: "49, J andra L. Meilton, Esquire Attorney I.D. No. 32551 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER, Plaintiff V. JAN D. RUMBERGER, Defendant No. 06-7306 CIVIL ACTION - LAW (In Divorce) CERTIFICATE OF SERVICE I, Quintina M. Laudermilch, Esquire, hereby certify that on this /0' day of June, 2007, a true and correct copy of the Notice to Attend was served upon the Defendant, Jan D. Rumberger, by United States Mail addressed as follows: Jan D. Rumberger 5 Springdale Way Mechanicsburg, Pennsylvania 17050 DALEY ZUCKER MEILTON MINER & GINGRICH, LLC By: Qumtina M. Laudermilch, Esquire Attorney I.D. No. 94664 1029 Scenery Drive Harrisburg, PA 17109 N 17 0 Theresa Barrett Male Supreme Court # 46439 513 North Second Street Harrisburg, PA 17101 (717) 233-3220 tbm@tbmesquire.com Petitioner 9Uq I i 200Iy? Y COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER : Plaintiff V. : NO. 06-7306 Civil Term JAN D. RUMBERGER Defendant CIVIL ACTION - DIVORCE ORDER AND NOW, June 1', 2007, the Court makes its rule absolute and GRANTS Theresa Barrett Male, Esquire, leave to withdraw as counsel for Defendant in this proceeding. BY THE COURT: //P.4 -I;zi lz? J esley Oler, ., J. . Distribution: Xqdra L. Meilton, Esq., 1029 Scenery Dr., Harrisburg, PA 17109 T eresa Barrett Male, Esq., 513 North Second St., Harrisburg, PA 17101-1051; L)W D. Rumberger, 5 Springdale Way, Mechanicsburg, PA 17050}x: j :6 ICE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER No. 06-7306 Plaintiff V. JAN D. RUMBERGER Defendant CIVIL ACTION - LAW (In Divorce) PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter my appearance of Defendant, Jan D. Rumberger, in the above case. McNEES WALLACE & NURICK LLC Dated: ('1g7101 By J. P ul Helvy orney I.D. N 148 100 Pine Stre P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (717) 260-1798 (Fax) CERTIFICATE OF SERVICE AND NOW, on this ? ` day of 1uY , 2007, 1, Lynn B. Lowe, Secretary for J. Paul Helvy, Esquire, hereby certify that I have served a true and correct copy of the within document, via first class mail postage paid as follows: Sandra L. Meilton Daley Zucker Meilton Miner & Gingrich 1029 Scenery Drive Harrisburg, PA 17109 McNEES WALLACE & NURICK LLC By R ? Lynh B. LoTve, Secretary for J. Paul Helvy, Esquire I.D. No. 53148 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Phone: 717 232-8000 C N q Cl.J c _ rr? ?' r-n ELIZABETH RUMBERGER, Plaintiff V. JAN D. RUMBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06-7306 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 281h day of June, 2007, upon agreement of counsel, the hearing previously scheduled for July 2, 2007, is rescheduled to Thursday, September 27, 2007, at 10:30 a.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. PENDING the said hearing or mutual agreement of the parties, neither party shall transfer, dispose of, encumber, or otherwise diminish the value of any marital property. BY THE COURT, /andra L. Meilton, Esc 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff Paul Helvy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108 Attorney for Defendar :rc '.? '"j .n ` QZ, ? t??. A V/V- McNees Wallace & Nurick LLC attorneys at law June 26, 2007 Honorable J. Wesley Oler, Jr. Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Rumberger v. Rumberger C.P. Cumberland No. 06-7306 Dear Judge Oler: J. PAUL HELW DIRECT DIAL: (717) 237-5343 DIRECT FAX: (717) 260-1701 E-MAIL ADDRESS: PHELVY@MWN.COM Please be advised that I have recently been retained to represent Jan D. Rumberger in the above-captioned action. It is my understanding that there is a hearing scheduled on July 2 at 1:30 with regard to the Petition for Special Relief. I am scheduled to be at a hearing in Lancaster County that day; therefore, I am requesting a continuance of the July 2 hearing. I've contacted opposing counsel and she concurs with this request. Thank you for your assistance in this request. Sincerely, McNEES WALLACE & NURICK LLC JPHlmca cc: Sandra L. Meilton, Esquire Jan D. Rumberger P.O. Box 1166. 100 PINE STREET -HARRISBURG, PA 17108-1166 -TEL: 717.232.8000 - FAX: 717.237.5300 - WWW.MWN.COM COLUMBUS, OH - STATE COLLEGE, PA - LANCASTER, PA - HAZLETON, PA - WASHINGTON, DC r `... Sandra L. Meilton, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 srneilton0-dzrn mg law. corn THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ELIZABETH RUMBERGER, Plaintiff V. No. 06-7306 (In Divorce) JAN D. RUMBERGER, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) ) SS: COUNTY OF DAUPHIN ) AND NOW, this day of August, 2007, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Janet M. Fisher, secretary at Daley Zucker Meilton Miner & Gingrich, LLC (formerly Daley Zucker & Gingrich, LLC), who being duly sworn according to law, deposes and says that on December 28, 2006, she mailed a certified copy of a Complaint in Divorce to Jan D. Rumberger, 5 Springdale Way, Mechanicsburg, PA 17050, by certified mail no. 7004 2890 0001 3910 7797, return receipt requested, and the same was received on December 30, 2006 by him, as indicated by the return receipt card which is attached hereto. Jan Fisher NOURW. S. (SEAL) GtORUM. &* Nobry PLdit CITY OF MARROMMG, DAtWM COUNTY My Commkgon Expires Nov 6.2007 Sworn to and subscribed before me this 6th day of August, 2007. :m ` , Notary Public . ,6- r- u, t~ M1 0 rR Q' M r-I Certified Fee I3 C3 Retum Receipt Fee Q (Endorsement Required) C3 Restricted Delivery Fee Q^ (Endorsement Required) go nj S O O r- ¦ Corrtpleb NMns 1.2. and & Abo oarhptete item 4If Rand Ica Ddkwy Is deefled. ¦ Prlnt your name and addnm an the Tavares so that we can retum to cod b you. ¦ Attach this card to the back of the malpbce, or on the front If space permits. 1. Article Addressed to: t??.?,n ?. urn Ko?Q?l h ?Q I-cobo A. M Agent B. ?Ived by f Nsnre) &Y Date ? ofd `DeUverY D. ddivary eddtese 71/4from Item 1? 13 Yes H YES, enter delivery address trelow: 13 No I) RETURN RECEIPT R REQUESTED 3. Typo certmed Man O Bcprees Mau 0 Replsto s Glow Receipt for Modiar,dw O insured man C3 C.O.D. 4. Restrtcted DsMery? (Fxft Fee) Yee Number Mwisbrkwairwoombar aIMy Wo owl IR10 ` 1 gi P8 Pam 3811. Fsbnwy 2004 Daeaeeo Molnrn IboNpt ,eases aa+Ir?,aw 1 O Y.r f T r tT j b w a It ELIZABETH RUMBERGER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW JAN D. RUMBERGER, Defendant NO. 06-7306 CIVIL TERM IN RE: PLAINTIFF'S PETITION FOR SPECIAL RELIEF ORDER OF COURT AND NOW, this 26th day of September, 2007, upon agreement of counsel, the hearing previously scheduled in the above matter for September 27, 2007, is continued generally. Counsel are directed to notify the court if a hearing is desired or when a settlement is reached. BY THE COURT, /andra L. Meilton, Esq. 1029 Scenery Drive Harrisburg, PA 17109 Attorney for Plaintiff /Paul Helvy, Esq. 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 Attorney for Defendant rc ? ,f_,'rv Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeilton@dzmmalaw.com THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER, Plaintiff No. 06-7306 V. CIVIL ACTION - LAW JAN D. RUMBERGER, Defendant (In Divorce) AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on December 28, 2006. 2. The marriage of the plaintiff and defendant is irretrievably broken and ninety days have elapsed form 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 subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. r Date:-/0A/J 0 If / Eliza t Rumberger, Plaintiff a t (,yam C Ir ! ?3 r `?, T Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 smeiltona,dzmm g1aw. com THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER, Plaintiff V. JAN D. RUMBERGER, Defendant No. 06-7306 CIVIL ACTION - LAW (In Divorce) WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) AND 4 3301 (d) 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 subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: A Eliz th Rumberger, Pla' tiff 1 c ,.? 1 t ELIZABETH RUMBERGER IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-7306 JAN D. RUMBERGER CIVIL ACTION-LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 28, 2006. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. oa,a iol??Ib? ..? - ._..? ? ~rt ? ; e-- w ;, a? ? ? _: ; {._ .. .?w. ,,,. ? .. L. ELIZABETH RUMBERGER Plaintiff V. JAN D. RUMBERGER Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-7306 CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE 1. 1 consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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. Section 4904 relating to unsworn falsification to authorities. Date: M/3//b7 E"a ( ?; C .:3 ?: ,...? '?"'LL -1- °T" f .r,1 ? ?? ?; ,.y ?? ?? a ?.,,+ ??. r°,? Sandra L. Wilton, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 6574795 smeilton dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ELIZABETH RUMBERGER, Plaintiff No. 2006-7306 V. CIVIL ACTION - LAW JAN D. RUMBERGER, Defendant 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A true and correct copy of the Divorce Complaint was served on Defendant, Jan. D. Rumberger, via Certified Mail, Restricted Delivery on December 30, 2006. An Affidavit of Service was filed on August 7, 2007. 3. As required by Section 3301(c) of the Divorce code, Plaintiff and Defendant executed their respective Affidavits of Consent on October 31, 2007. The Affidavits are being filed contemporaneously herewith. 4. Related claims pending: None. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waivers of Notice of Intention to Request Entry of Divorce Decree on October 31, 2007, contemporaneously herewith. The Waivers of Notice are being filed DALEY ZUCKER MEILTON MINER & GINGRICH, LLC Date: 07 By: 4A4n(? i4 Sandra L. Meilton, Esquire Supreme Court ID #32551 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Attorney for Plaintiff 17 ., - T u ter.. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ELIZABETH RUMBERGER No. 2006-7306 Civil Term VERSUS JAN D. RUMBERGER DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT ELIZABETH RUMBERGER AND JAN D. RUMBERGER ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,DEFENDANT, 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 COURT: D? ATTES J. PROTHONOTARY s? 'fix, 1?? ? f"'? ?o. ?? -?r L?. ,?l ? ll IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA .151 i mbe4-h -Rum (ef . Pl tiff Vs FileNo. ADO(o _ 0`7 30 (o IN DIVORCE Jon b Rumume'r fendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/ defendant in the above matter, [select one by marking "x"] ;or to the entry of a Final Decree in Divorce, or er the entry of a Final Decree in Divorce dated QV. I U. 2 hereby elects to resume the prior surname of i ZAu3E-rk ?C. Ly y gE-,Kgand gives this written notice avowing his / her intention pursuant to the provisions of 54 P.S. 704. Date:- )Sd Y ??- 'I - ??? Signature gnature of name bein esumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF ?^'J! D? On the ? day of, AJo L) 09,1bf , 2002, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. / Public TH OF PENNSYLVANIA Notartnt Seas James & MMar, Notary Publle I MY FastPennsbcro Twp., Cumberiand Couity C=rr kabn Expires APi130, 2013 FILED- D,I" i s or: THE PR0 p-0,NrTARY 2009 NOV 23 A 8= 2 3 CUrv16 ? 'JUNTY r EI- JASYLVA ??t5?