HomeMy WebLinkAbout95-00837
ROBERT F. ROTH, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs I
) NO. 95-837 CIVIL TERM
CARYN GOLDMAN ROTH, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
ORDER
AND NOW this lith day of . ([//., tIIhui., upon consideration of
the attached Petition, a hearing is scheduled in this matter on
/N,i!Vr!r, V , the t.jt/Jday of/)/f."Jnh,'/(, 1995, starting at /.?d
)
o'clock ~.m., in Court Room No.~, , of the Cumberland County
Court House in Carlisle, Pennsylvania.
Notice of said hearing to be given to Plaintiff's counsel by
certified mail.
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ROBERT F. ROTH,
Plaintiff
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IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
NO. 95-837 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
vs
CARYN GOLDMAN ROTH,
Defendant
PETITION FOR RETURN OF PERSONAL PROPERTY
AND NOW comes the above-named Petitioner, by her attorneys,
Andes, Vaughn & Bangs, and makes the following Petition in this
matter:
1. The petitioner herein is the Defendant, Caryn Goldman
Roth. The Rcspondent herein is the Plaintiff, Robert F. Roth.
2. The parties separated in early 1995 as a result of the
Plaintiff's physical abuse of Defendant and threats made by the
Plaintiff to the Defendant which caused her reasonably to fear
for the safety for herself and her children.
3. At the time that the Defendant fled the family homc for
safety, she was not able to take with her all of the items of
personal property that belongcd to her and her children or are
otherwise needed by them to make a separate home.
4. A protection order was entered in February of 1995 to an
action filed by the Defendant herein against the Plaintiff herein
to No. 95-220 civil Term. That protective ordcr, a copy of which
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is attached hereto and marked as Exhibit "A", allowed Defendant
to take only a small portion of the personal property from the
house required by her and the children.
5. To date, Defendant has not been able to retrieve from
the family home all of the items of personal property required by
her and the children to make their new home. Defendant has .
attempted to negotiate the return of these items directly with
Plaintiff, without success.
6. Plaintiff currently has in his possession almost all of
the marital property of the parties, much of the non-marital or
pre-marital property of Defendant, most of the personal property
which belongs to the child of the Plaintiff and Defendant, Jamie
Anne Roth, born 13 September 1989, and much of the personal
property which belongs to Defendant's child by a prior marriage,
Jonathan D. stutz, born 19 september 1981, who lived with
Plaintiff and Defendant prior to their separation.
7. Attached hereto and marked as Exhibit "B" is a list of
the items of personal property which belong to the Defendant's
children which she wants to retrieve from the marital residence
so the children will have those items.
8. Attached hereto and marked as Exhibit "c" is a list of
the items owned by Defendant prior to the marriage which are her
pre-marital property and which she wishes to retrieve from the
marital residence.
9. Attached hereto and marked as Exhibit "0" is a list of
the remaining items of marital property which the Defendant needs
immediately. She does not intend, by sUbmitting this list of
marital items, however, to waive her claim to equitable
distribution of all of the remaining marital furnishings. She
seeks only a temporary division of those assets to allow her and
her children to live in reasonable comfort until all economic
claims can be resolved through the Master.
10. Defendant and her children need their personal property
from the family residence and Plaintiff will not allow them to
retrieve it and will not return it to them.
WHEREFORE, Defendant prays this Court to order and direct
the Plaintiff to deliver to Defendant, or allow Defendant to
retrieve from the family home, all of the personal property owned
by Jonathan D. Stutz and Jamie Anne Roth, the Defendant's two
children, all of the pre-marital or other non-marital property
owned by the Defendant, and the Defendant's reasonable share of
the personal property in the house which is marital property.
B~&%9Ji,
Attorney for Defendant
I.D. #17225
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
( 55>:
)
CARYN GOLDMAN ROTH, being duly sworn according to law,
deposes and says that the facts set forth in the foregoing
petition are true and correct to the best of her knowledge,
information and belief.
-~'Wuot\, ~lllM('tL ~t.lU
Caryn G dma I Roth
Sworn to and subscribed
before me this '2..'1"' day
of 1\"" "" , 1995.
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Caryn Goldman Roth,
plaintiff
for herse 1f and
her minor children:
Jonathan Stutz
Jamie Roth
VB.
Robert F, Roth,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95- 220 CIVIL TERM
PROTECTION FROM ABUSE
AND CUSTODY
PROTECTION ORDER
AND NOW, this ,/11v day of February. 1995, upon
consideration of the Consent Agreement of the parties, the
following Order is entered:
1. The defendant, Robert F. Roth, is enjoined from
physically abusing the plaintiff, Caryn Goldman Roth, and the
minor children, Jonathan stutz and Jamie Roth, and from placing
them in fear of abuse.
2. The defendant is ordered to refrain from harassing and
stalking the plaintiff and from harassing the plaintiff's
relatives and the minor children.
3. The defendant is prohibited from removing, damaging,
destroying or selling any property owned by the plaintiff or
jointlY owned by the parties.
4, The plaintiff and the defendant shall arrange to
transfer the plaintiff's personal belongings, children's
clothing, toys, furniture, and other agreed upon household items
during the week of February 6 through 10, 1995, This exchange of
property shall not be construed as a final equitable distribution
of the marital property.
5. The defendant is excluded from the plaintiff's current
residence and is ordered to stay away from any residence the
plaintiff may in the future establish for herself and her
children.
6. The defendant is ordered to relinquish to the sheriff's
department any weapons which he owns, possesses or has used or
threatened to use against the plaintiff or the minor children and
prohibiting the defendant from acquiring or possessing any other
weapons for the duration of the Order.
7. Pending further Order through the Domestic Relations
Office, the defendant is ordered to pay spousal and child support
t9 the plaintiff and their minor child in the amount of $233.00
per week payable to the plaintiff in the form of a check or money
order, mailed to her residence, to provide health coverage to the
Plaintiff and the minor children, and to pay all of the
unreimbursed medical expenses of the plaintiff and the minor
children to the provider or to the plaintiff when she has paid
for the medical treatment. Payments to commence upon entry of
the Protection Order and each week thereafter. The defendant
will also pay the mortgage and taxes for the parties' marital
residence.
8. The plaintiff and the defendant will divide equally th~
amount of money in their Vanguard account including any interest
accrued on the account since January 1, 1995. In addition, the
defendant will pay to the plaintiff $275.00 immediately upon the
entry of this Order.
9. The plaintiff will withdraw criminal charges against the
defendant filed with the District Justice after the defendant
signs a Consent Agreement and a final Protection From Abuse Order
is entered.
10. The court costs and fees, including filing and service
fees, are waived.
11. This Order shall remain in effect until modified or
terminated by the Court after notice or hearing and, can be
extended beyond that time, if the Court finds that the defendant
has committed another act of abuse or has engaged in a pattern or
practice that indicates continued risk of harm to the plaintiff.
12, This Order may subject the defendant to: i) arrest
under 23 Pa, C,S, 66113; ii) a private criminal complaint under
23 Pa, C,S. 66113.1; iii) a charge of indirect criminal contempt
under 23 Pa, C,S. 66114, punishable by imprisonment up to six
months and a fine of $100.00-$1,000.00; and iv) civil contempt
under 23 Pa, C.S. 66114.1. Resumption of co-residence on the
part of the plaintiff and defendant shall not nullify the
provisions of the court order.
13, The Hampden Township Police Department shall be
provided with a certified copy of this Order by the plaintiff's
attorney and may enforce this Order by arrest for indirect
criminal contempt without warrant upon probable cause that this
Order has been violated, whether or not the violation is
committed in the presence of the police officer, In the event
that an arrest is made under this section, the defendant shall be
taken without unnecessary delay before the court that issued the
order, When that court is unavailable, the defendant will be
taken before the appropriate district justice. (23 P.S. g 6113).
By the Court,
/5/ 1~u.0C t J./U'..~
Harold E. Sheely, P.Ju ge
TRUE COpy FROM RECORD
In TosUr:1,~n~J wr.oraof. I hero unto set my hand
and Ih;J seal af ::!Id Court ~l Carlls:e, Pa,
Pl~~ OJ; j)~~ll. ~-
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Prothonotary
EXIIIBIT B
PROPERTY OF DEFENDANT'S TWO CHILDREN:
1. Collection of VCR tapes.
2. All toys.
J. Bedroom furniture,
4. Jamie's crib.
S, Tape of Jonathan's bar mitsvah,
6, Photographs, pictures, and the like,
7. Jamie's baby book,
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DEFENDANT'S PRE-MARITAL PROPERTY:
1. All living room furniture.
2. Living room table in basement,
3, Bentwood rocker.
4, Rosenthal china and glassware.
5. lIutch.
6. Wedgewood china and vases.
7. Grandmother's china.
8. All other china, glassware and vases.
9, Picture of Jonathan from living room,
10. $15,000.00 diamond bracelet,
II. Polaroid camera,
12. Ironing board.
13, Misc. items of clothing and personal effect.
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PROPERTY OF DEFENDANT'S TWO CHILDREN:
1. Collection of VCR tapes.
2. All toys.
3. Dedroom furniture.
4. Jamie's crib.
5. Tape of Jonathan's bar mitsvah.
6. Photographs, pictures, and the like.
7. Jamie's baby book.
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DEFENDANT'S PRE-MARITAL PROPERTY:
1, All living room furniture.
2, Living room table In basement.
3. Bentwood rocker,
4, Rosentbal china and glassware.
5. lIutch.
6. Wedgewood china and vases.
7. Grandmother's china.
8. All other china. glassware and vases,
9. Picture of Jonathan
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from living room.
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11. Polaroid camera.
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12. Ironing board.
13. Misc. items of clothing and personal effect.
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R..hib:l t D 1./
MARITAL PROPERTY REQUESTED BY DEFENDANT:
I. 32 inch color television from family room.
2. Two kitchen chairs,
3. Sofa and chair from family room.
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ROBER'f F, ROTH, ) I N THE COUR'f OF COMMON
Plaintiff ) PLEAS OF CIIMIlERLANIJ
I COUNTY, PENNSYLVANIA
vs, I
I CIVIL ACTION - LAW
I
CARYN GOLDMAN RO'fH, I NO, 95-03'/ CIVIl. TERM
Defendant I IN DIVORCE
DEPENDANT'S APPIDAVI1' OP COMPLIANCE WITH ORDER FOR COUNSEI,ING
AND NOW comes the Defendant, Caryn Goldman Roth, being duly sworn according to
law, and deposes and says that she has satisfied the counneling requirements of this
Court's ordel' of 2 March 1995 by completing the following counseling sessions:
1, Two counseling sessions with Elliot Riegler,
2, One nession with Rabbi Jeffrey Weisblatt,
And she further staten that the parties have not reconciled as of this date.
lIt mIL 1'- "-
oth
Sworn to and subscribed
before me thin '2. '1'~ day
of lJ")IMr ,1995,
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October 26, 1995
1,llRI KoSIIIIIAIIIII
E. Robert Elicker, II, Esq.
Divorce Master
Office of Divorce Master
9 North Hanover street
Carlisle, PA 17013
S III'IN J, SCIIIII.IIoIN
MIlII,\I!. 1', IIIl11WN Re: Robert F. Roth v. Carvn Goldman Roth
No. 95-837
In Divorce
ItllNAllll.. CAllltll)N
Dear Mr. Elicker:
GAIn' L Itllnl~t:IlIlD
HIlIllIl!. I), IIA"II.111N
In response to your letter of October 23, 1995,
please be advised that my client, Robert F. Roth; will be
willing to sign an Affidavit of Consent and does not
request a hearing on indignities to the person.
Thank you for your attention.
Sincerely,
(;A'tTlI A. Sn,I'lHN\llN
OJ: Ct IlJN~11.
IMIlN.OI.I\m()o.1I1
LKS/dae
SERRATELLI, SCHIFFMAN,
BROWN & CA OON, P.C.
,r / ;C Jtv d_~U'
Lori~{lserratelli
cc: Samuel L. Andec, Eoq.
Robert F. Roth
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ROBERT F. ROTH,
plaintiff
V.
CARYN GOLDMAN ROTH,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY,PENNSYLVANIA
NO. 95-837 CIVIL TERM
CIVIL ACTION - LAW
: IN DIVORCE
~CCEPTANCE_qF SERVIC~
Dated: I {)I\~~ I <1 <=t S-
Sworn and SUbscribed to
before me this I $-t- day
of /Yl~ , 1995.
L. oNYl ~
NOTAR? PUBLIC
My commission Expires:
I, Samuel L. Andes, Esquire, attorney for the Defendant, caryn
Goldman Roth, do hereby accept service of the complaint in Divorce,
filed February 15, 1995, on behalf of Defendant Caryn Goldman Roth
and am authorized to do so.
L. aes, squ
ANDES, VAUGHN & BANGS
525 North TWelfth street
P.O. BoX 168
Lemoyne, PA 17043
No\i.IllllS"n1
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ROBERT F. ROTH,
Petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-837 CIVIL TERM
V.
CARYN GOLDMAN ROTH,
Respondent
CIVIL ACTION - LAW
IN DIVORCE
ORDER CONTINUING_PR9REEDINGS F~ ~~P~~E OF COUNSELING
AND NOW, this~ day of ~ ,1995, it is
hereby Ordered and Decreed as follows:
1. The present divorce proceedings are continued until such
time as the above-named parties have attended at least two (2)
counseling sessions with Elliot Riegler, Riegler and Shienvold,
2151 Linglestown Road, HarriSburg, Pennsylvania, (717) 540-1313
and one (1) session with Rabbi Jeffrey Weisblatt, Ohev Sholom
Reform Temple, 2345 North Front Street, HarriSburg, Pennsylvania
(717) 233-6459.
2. Petitioner shall pay all costs of counseling.
3. Further, if the parties have not reconciled within the
time period required by 23 P.S. Section 201 and Section 202, the
above entitled action shall proceed accordingly.
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ROBERT F. ROTH,
petitioner
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-837 CIVIL TERM
V.
CARYN GOLDMAN ROTH,
Respondent
CIVIL ACTION - LAW
IN DIVORCE
REOUEST FOR COUNSELING
Petitioner, by his attorney, Lori K. serratelli and the law
firm of SERRATELLI, SCHIFFMAN AND BROWN, P.C., files this
Petition requesting counseling and avers as follows:
1. That Petitioner is Robert F. Roth, an individual residing
at 502 Pawnee Drive, Kechanicsburg, Cumberland county,
Pennsylvania.
2. That Respondent is caryn Goldman Roth, an individual
whose last known address was 502 Pawnee Drive, Mechanicsburg,
Cumberland County, Pennsylvania.
3. That a Divorce Complaint was filed by Petitioner on
February 15, 1995 on the ground of irretrievable breakdown,
section 3301(C).
4. That the petitioner desires to attempt reconciliation
under the provisions of the Divorce code, 23 P.S. section 202 et.
~ by engaging in marriage counseling specifically with Dr.
Elliott Riegler.
5. Petitioner is currently employed at the General
Waterworks of Pennsylvania, Inc. earning a gross yearly income of
approximatelY $40,000.00.
6. Re3pondent is unemployed.
WHEREFORE, Petitioner requests your Honorable court to
require up to three counseling sessions as provided under 23 P.S.
Section 202, ~ ~. within 120 days following the filing of the
Divorce complaint under section 3301(C) and pa.R.C.P.
1920.45(C) (2) with petitioner bearing the total costs of
counseling.
Respectfully submitted,
'{!,(L L~^,,'~~U~;~
Lor K Serra tell, Esqu re
SE~TELLI, SCHIFFMAN & BROWN, P.C.
Deer Path Woods Office Park
2040 Linglestown Rd., suite 106
Harrisburg, PA 17110-9483
(717) 540-9170
VERIFICATION
I verify that the statements made in the foregoing
Petition are true and correct. I understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. section
Dated:
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falsifi8ation to authorities.
K.~ I, ~\ '\, ~" lL -
ROBERT F. ROTH
4904, relating to unsworn
CERTIFICATB or SERVICB
I, Lori K. Serratelli, Esquire, do hereby certify that on
this a04\-day of Februarv , 1995, I served a copy of the
foregoing Request for Counselling by first-class mail, postage
prepaid, in the Post Office at Harrisburg, pennsylvania, to the
following person(s):
samuel L. Andes, Esquire
ANDES, VAUGHN , BANGS
525 North Twelfth Street
P.O. Box 16B
Lemoyne, PA 17043
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Lor "K~, Serratell , Esqu
SBRRATBLLI, SCHIFrKAH
AND BROWII, P.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
Attorney for Plaintiff
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November 16, 1995
J.<1~II\,SUlIWUU
E. Robert Elicker, II, Esq.
Divorce Master
Office of Divorce Master
9 North Hanover street
carlisle, PA 17013
Re: Robert F. Roth v. Carvn Goldman Roth
No. 95-837
SIT\'IN J, SUIlIHIAN
MICIIAII.I'. II~II"'N
Jh)NM,ll I.. CAllh)(lN
Dear Master Elicker:
(;AIl" L.lhrnl\(:IIJII)
1l0UU!'1 D.IIAMII:U'N
Enclosed please find Plaintiff I s original Pre-Trial
statement.
GAIlTtI A. SIU'III.N"'N
01 COUN'"
'MlJ~I)CJ\n,(h.I\1
Thank you for your attention.
sincerely,
SERRATELLI, SCHIFFMAN,
BROWN & C?LHOON, P.C.
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LorJ! . Serratelli
LKS/dae
cc: Robert F. Roth
Samuel L. Andes, Esq.
SI!1I1 1116
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IhRIlNII'IIl;.I'A
11I1II.9H\
(717) '-iO.917n
h\ (717) \.llI.'\.lHI
.(:;.. I!
ROBERT F. ROTH,
Plaintiff
V.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-837 CIVIL TERM
CIVIL ACTION - LAW
IN DIVORCE
CARYN GOLDMAN ROTH,
Defendant
PRE-TRIAL STATEMENT
(X) Plaintiff ( ) Defendant, by hiS/her attorney, Lori K.
Serratelli, Esquire files this pre-trial statement in accordance
with Pa.R.C.P. 1920.33(b).
1. Inventorv and Appraisement: See Inventory and Appraisement.
2. Expert witnesses:
None at this time. Plaintiff reserves the right to
supplement this statement, if necessary.
3. Other witnesses:
None at this time, Plaintiff reserves the right to
supplement this statement, if necessary.
4. Exhibits:
a. Plaintiff's Income and Expense Statement
b. Plaintiff's Inventory and Appraisement
c. Attorney Fees and Costs Statement (Will be supplied
at hearing)
Plaintiff reserves the right to supplement this statement,
if necessary.
5. Income: Refer to Income and Expense statement
6. Expenses: Refer to Income and Expense Statement
7. Retirement/Pension:
Husband is a participant in the General Waterworks
ESSOP Plan.
8. Counsel Fees: See Exhibit c,
9. Disputed Personal Propertv: None at this time. Plaintiff
reserves the right to supplement this statement if
necessary.
10. M~rit~l Debts: See Plaintiff's Income and Expense Statement
and Inventory and Appraisement.
11. M~rital Assets: See Plaintiff I s Inventory and Appraisement.
12. ProDosed Resolution:
plaintiff proposes an equitable distribution of marital
assets, upon the sale of the marital residence, 50% to Plaintiff
and 50% to Defendant.
Defendant's claims for alimony, alimony pendente lite,
counsel fees and expenses should be denied.
Respectfully submitted,
7
..' I
) q ~ll1. i
Serratell , Esqu re
SER TELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
Attorney for Plaintiff
I.. nit"..
SI'RllAlI'IU, SCHiffMAN lie BROWN, 1\1:,
Sl!n.lt~ -
llHlIIJNl., UIUWN I\mll
Il~JJIUl'lIl1,1'.\ 17110"'4'1]
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ROBERT F. ROTH,
Plaintiff
: IN THE COURT OF COMMON PLEAS
v.
:CUMBERLAND COUNTY, PENNSYLVANIA
No. 95-837 CIVIL TERM
CARYN GOLDMAN ROTH,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
CERTIFICATE OF SERVICE
I, Lori K. Serratelli, Esquire, do hereby certify that on
November 16, 1995, service of the foregoing was made as follows:
The original by United States mail, postage prepaid, addressed
to:
E. Robert EliCker, Master
Office of Divorce Master
9 North Hanover Street
Carlisle, PA 17013
A copy by United States mail, postage prepaid, addressed to:
Samuel L. Andes, Esq.
525 North Twelfth Street
P.O. Box 168
Lemoyne, PA 17043
Attorney for Defendant
/..
Lori! . Serrate ,Esq.
SERRKTELLI, SCHIFFMAN,
BROWN & CALHOON, P.C.
2040 Linglestown Rd., suite 106
Harrisburg, PA 17110-9483
(717) 540-9170
Attorney for Plaintiff
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26 November 1995
YAX
"Ulflll.Haft
E. Robert Elicker, II, Enquire
Office of the Divorce Manter
9 North Hanover Street
carlisle, PA 17013
RE: Roth vs, Roth
Aiello vs, Aiello
Jacobs vs. Jacobs
Dear Mr, Elicker:
Enclosed you will find Pre-Trial statements which I file on
behalf of mY clients in the above three cases.
I have, this day, provided copies of. these documents to my
opposing counsel in each case. Thank you for your cooperation.
SincerelY,
sg-L~ Anden
le
Enclosures
ROIlE:RT F. RO'fll,
Plaintiff
IN TilE: COUR'!' OF COMMON
PI,E:All 01' CUMIlE:RI,AND COUNTY,
PENNSYLVANIA
va.
CIVIL AC'fION - LAW
CARYN GOLDMAN RO'!'H,
Defendant
NO. 95-837 CIVIL TE:RM
IN IHVOI\CE:
DEFENDANT'S PRE-TRIAL STATEMENT
Defendant, by her attorney; Samuel L. Andeo, fileo thio Pre-Trial
Statement in accordance with Pa. R,C.P. 1920.33(b):
1. ASSETS. Attached hereto and marked as Exhibit A is a list of
the marital aosets of the parties ao known to Defendant at this time.
Attached and marked as Exhibit B is a list of the non-marital property
known to Defendant.
2. EXPERT WITNESSES. llofendant hopes the parties will be able to
agree upon the identity and value of the various marital assets. In the
event they are not, she reserves the right to call the following experts:
A. A real estate appraiser to establish the fair market
value of the parties' residence.
B. An actuary or other qualified expert to value the
marital portion of Husband's pension with his employer.
C. Any other expert that may be necessary to establish
the value of other assets owned by the parties, particularly
any personal property.
D. Defendant reserves the right to call a psychiatrist,
psychologist, or other qualified expert to testifY about her
current condition and her inability to hold gainful employment.
3. ~ WITNESSES. At the pt'esent time, Defelldan\: only intonds to
call hersel f as a witness. She roservcs the right, however, to call such
additional witnesses as may be necessary to support her case and rebut
any evidence submitted by the Plaintiff.
4. EXHrnITS. The exhibits relied upon by Defendant will be copies
of statements showing the values of various aBsets at the time of the
parties' separation and at the time of the hearing, tax returns filed by
the parties for the past several years, copies of paycheck stubs and
other information to verify each party's income at the time of the
hearing.
5. INCOME STATEMENT. 'l'he Defendant is currently unemployed. She
has not held significant employment during the marriage and, because of
her emotional and psychological condition, she is not able to hold
employment at this time.
6. EXPENSE STATEMENT. Attached hereto and marked as Bxhibit C is a
statement of Defendant's expenses. A more current expense statement will
'Ibe filed at the time of the hearing.
7. PENSION INFORMATION, At the present time Defendan~ has no
Idocumentation or other detailed information regarding Plaintiff's pension
Ibenefits. When the parties exchange that information, she will submit it
lito a qualified actuary who will calculate the present value of the
marital portion of the Plaintiff's pension benefits. If the parties are
not able to stipUlate to that value, she will offer the report or, if
inecessary, the testimony of such expert at the hearing.
,!
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ii 8. COUNSEL EEE.ll.. Defendnnt has (\rJreed to pay her attorney fees at
Ii
lithe rate of $150.00 per hour. Defondant has incurred fees as of this
I time of approximatelY $3,000.00. At the hearing she will present an
I
,
I Itemized stAtement of those fees And, if neceSSAry, tostimony in support
10f them.
!
,
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9, PERSONAL PROPRRTY, Defendant hopca thllt, when tho court rulca
on her petition for the return of her uon-maritlll pernonll1 property, the
parties will resolve by agreement the diviaion of personal property. If
they cannot, Defendant will have tile personal property in each party's
possesaion appraised and produce the testimony of that appraiser at the
hearing.
10. HARTT1\f, DRRTR, The marita 1 debto, to the bes t 0 f Defendant I s
knowledge, consists of the mortgage against the marital residence which
is described on Exhibit A.
11. PROPOSED RRSOLtWION QE RCONOHIC lSSURS. Defendant is currently
unemployed and not able to obtain or hold gainful employment that will
produce sufficient income to support herself. Plaintiff holdu a job
which pays him more than $40,000.00 per year. Accordingly, Defendant
proposeu that Husband retain his pension, that the marital residence be
sold, and that the proceeds from the sale of the residence be divided so
that Defendant receives 60 percent of all of the marital property,
inclUding the current value of the marital portion of the Plaintiff's
pension. Defendant further propos en that Defendant pay alimony in the
amount of $500.00 per month for an indefinite period. and that Plaintiff
be required to pay Defendant's reasonable counsel fees in this
litigation.
~~-CJ
Attorney for Defendant
Supreme Court 10 17225
525 North 12th street
Lemoyne, PA 17043
(717) 761-5361
"
EXHIBIT A - MARITAL PROPERTY
-
DATE OF MARITAL AHOUNT OF
ASSET VALUE VALUATION PORTION LIENS LIEN
Residence at 502 $260,000.00 November, 100% HortgaR(! $150,000.00
Pnwnee Drive, Hst'd. 1995 to PNC cst 'd.
Hechonicsburg. PA Hortgage
Co,
Husband's pension or Unknown November, Appro". Nonn known NIA
retiremnnt plan with 1995 1/3 i6
United Water Co.. marl tal
formerly General (nppro"
Water Works of PA 6 of 18
years I
Jointly-owned Appro", January, 100% None known NIA
Vanguard Hutual Fund' $50,000.00 1995
JoInt Herrill Lynch $9,200,00 November, 100% NOnl! known NIA
Hutual Fund Account' 1995
Wife's savings $7,500.00 January, Unknown None known NIA
account at Harris 1995 at this
Savings Dank time
Wife's IRA with $10,000,00 January, Unknown' None known NIA
Herrill Lynch 1995
Husband's IRA's with $15,000,00 January, Unknown' None known NIA
Corestates Dank 1995
Husband's gun Unknown Novcmbnr, Unknown None known NIA
collection 1995
'The partien have liquidated this asset and each of them has
retained 50 percent of the proceeds.
I 'This asset Was liquidated and the parties divided the
I proceeds of that liquidat.ion equally,
, ~ - . .
II
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I
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II
ii
Ii
An unknown portlon of thin ia non mdrital because it WdS
deposited or representn funds accrued prior to the date of
marriage.
~n unknown portion of this is lIon-maritnl becnuso it wns
deposited or represent" (unds ilccrued pdor to the date of
morringe,
Husband's 1983 Datsun Unknown November, 100% None known II/A
1995 ; I
I
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Wife's 1993 Ford viln Unknown November, 100% Unknown II/A I
1995 I:
EXHIBIT C
MONTHLY EXPENSES
Home
Mortgage/Rent
Maintenance
Utilitieu (telephone, heating, electric,
$550.00
$
etc.)_$lolO,OO
Employment (transportation/lunch)
$801.00
Taxell
Real Estate
Personal Property
Income
$
$
$
Insurancp.
Homeowners
Alltomobile
Life/Accident/Health
$10.00
$50.00
$300.00
Automobile
Paymentll/Fuel/Repairu
$150.00
Medical
Doctor/Dentist/Orthodontist
Hospital
Medicine
Special Needs (glasses, braces,
orthopedic devices)
Education (Hebrew School)
$
$
$50.00
$
$40.00
Personal
Clothing
Food
Other (household supplies. barber, etc.1
Credit payments and loans
$100.00
$252.00
$140.00
$160.00
Mi.scellaneouo
Household Help/Child Care
Entertainment (paperu, books, vacation,
pay TV, ete.)
Gifts/Charitible Contributionu
Legal Feell
Other child support/alimony payments
$8.1. 00
$100.00
$20.00
$
$
Total Monthly Expenses
$2,230.00
t~1 TIlE COURT OF COHMON PLEAS OF
CL'MBERL\N1l comiTY. PEmISTI.VANIA
Rnhpr"t F _ Roth
Plaintiff
vs.
Caevn Goldman Roth
1I0.
95-837
19
MOTION FOR AP!'O~'l':mlT OF ~Sr::R
(Plaintiff) Q\llMll.m'l:~,
follo~g claims:
Robeet F. Roth
a master with respect to the
(X) Divorce
( ) Annulment
(X) Alimony
(X) .Uimony Pendente
moves the court to appoint
( X)
( )
( xl
( xl
Distribution of Proper~1
Support
Counsel Fees
Cos tS and E."Cpenses
Lite
and in support or the mOtion states:
(1) Discovery is complete as to the claims(s) ror which the
appoincnent or a master is requested.
(2) The defendant (has) OhlUObllCl:) appeared in
(by his attor:1ey, Samuel L. Andes
(3) The staturory ground(s) for divorce (is)
3301(al (61 [, 3301 (c) of the Divorce Code
(4) Delete the inapplicable paragraph(s):
(a) bXatleXdtlX KS< 1Ic)(Cl{ l!db.'tl!Sl:ll,s.
(b) ~ lllitlUClIIellft 1I111:X!lKl!tlX !ldl1liifu'ilX'J(!)I;K ~li~IH( lI:/S ~X
the action (personally)
,Esquire) .
QIlnC>x
M.XM.Ilg< ~~:
claims :
(c) the action is contested ~ith respect :0 the following
Distribution of Property, AlinDny. 1\1irrony Pendente Lite, Coun5el"'~5gs
the action ~x~K$O (does not involve) comple~ issues or law
Divorce [,
(5)
or raCt.
(6) The hearing is e.."Cpected to take 1/2 ~ijlKllJ (da:,lI).
(7) Additional info~t:!.on. if any. relevant to the mocion:
, ,. ,
1./" I' ,/ 7 j
',/-:;i/..".. V'<\\'Lt' (. .
Attor:1~Y for (?la~t:t=:)
. ~K'X11l:ml:X
ORDER ,U'!'OI~IT"~G ~!.<\Sn:R
.00> 1I0\; (,c' (, (-; ,19''( '), '-' /',( .~-tf J::..LI (I C-,,-_ Esquire,
is appointed ::1aster ,.nth respect to the rollowing clai::ls: ,(k\ (( ,"__l~" \
,
Date:
Lori K. Seeratelli,
Bv the Court:
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ROBERT F. ROTH,
plain tif f
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
VB.
CARYN GOLDMAN ROTH,
Defendant
837
CIVIL
1995
NO.
IN DIVORCE
STATUS SHEET
DATE:
ACTIVITIES:
/,--' c/I'-~'.t:,c~;, I "J.,y *~.~
c:','.:-'/, /1.1. K ;},;
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OFFICE OF DIVORCE MASTER
CUM8ERLAND COUNTY
COURT OF COMMON PLEAS
9 North Hanovor Slrool
Carllslo, PA 17013
(717) 240.6535
E. Robert Elicker, II
Divorce Masler
Tracl do Colyer October 23, 1995
Olllc9 Manager/Reporter
Lori K. Serratelli
Attorney at Law
SERRATELLI, SCHIFFMAN & BROWN, P.c.
2040 Linglestown Road
Suite 106
Harrisburg, PA 17110-9483
RE: Robert F. Roth vs. Caryn Goldman Roth
No. 95 - 837
In Divorce
West Shore
697.0371 EXI, 6535
Samuel L. Andes, Esquire
525 North Twelfth street
P.O. Box 168
Lemoyne, PA 17043
Dear Ms. Serratelli and Mr. Andes:
By order of Court of President Judge Harold E. Sheely
dated october 17, 1995, the full-time Master has been appointed
in the above referenced divorce proceedings.
A divorce complaint was filed on February 15, 1995,
raising grounds for divorce of irretrievable breakdown of the
marriage and the economic claim of equitable distribution. An
answer and counterclaim were filed on September 11, 1995,
raising grounds for divorce of indignities and the economic
claims of alimony, alimony pendente lite, and counsel fees and
expenses.
I am unclear as to whether or not grounds for divorce are
at issue and if the parties will not sign affidavits of consent
and the parties have not been separated in excess of two years,
please advise immediatelY so we can schedule a hearing on
indignities to the person.
If, however, grounds for divorce are not at issue, I am
directing each counsel to file a pre-trial statement
in accordance with P.R.c.P. 1920.33(b) on or before Friday,
November 17, 1995. Upon receipt of the pre-trial statements I
will immediately schedule a pre-hearing conference with counsel
.
.
Ms. Serratelli and Mr. Andes, Attorneys at Law
23 October 1995
Page 2
I '
to discuss the issues and, if necessary, schedule a hearing.
,
i '
"
Very truly yours,
E. Robert Elicker, II
Divorce Master
NOTE: Sanctions for failure to file the pre-trial statements
are set forth in subdivision (c) and (d) of Rule 1920.33.
THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE
MASTER'S OFFICE AND A COpy SENT DIRECTLY TO OPPOSING
COUNSEL.
DORY I,. JACOBS,
PlaintHf
IN TIlE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 95-2640 CIVIL TERM
ALBERT I. JACOBS, III,
Defendant
IN DIVORCE
PI,A TNTIFF' S PRE-TRT AI. STATEMENT
Plaintiff, by her attorney, Samuel L. Andes, files this Pre-Trial
Statement in accordance with Pa. R.C.P. 1920.33(b):
1. "SSF.TS. Atttlched hereto tlnd marked as Exhibit A is a list of
the marital assets of the parties.
2. EXPERT WITNESSES. Plaintiff reserves the right to call an
expert witness to appraise the real estate and perhaps an expert to
appraise the vtllue of the automobiles and household furniShings of the
parties. At this time these appraisalS have not been conducted and it is
hoped the parties can reach agreement as to the value of these assets.
,
3. FACT WITNESSES. At the presont time Plaintiff intends to call
herself as a fact witness. She reserves the right to call additional
witnesses as may be necessary to rebut the Defendant's evidence.
4. EXHIBITS. The exhibits to be introduced will be copies of tax
returns, deeds, documents relating to the purchase, sale, and trade-in of
motor vehicles, and the like.
5. INCOMP. STATEMENT. Attached hereto is an Income and Expense
Statement of Plaintiff which lists her current income.
6. EXPENSE STATEMENT. Attnchecl hereto is an Income and Expense
Statement of Plaintiff which lists her current living expenses.
7, PENSION INFORMATION. Plainti[[ doeG not believe thol'e are
penGion or similar assets owned by the partieG as marital property and
which are subject to division by the court.
8. COUNSF.I, FEF.S. Plaintiff has agreed to pay her counnel $150.00
per hour for his professional Gervices. At the hearing a detailed and
itemized statement of those services and the chargeG for them will be
produced and offered into evidence along with whatever testimony may be
required to support that claim.
9. PF.RSONAL PROPERTY.
Plaintiff intends to have the household
furnishings and similar assets of the parties appraiGed for testimony at
the hearing, if the parties cannot reach agreement as to the value of
those assets.
10. MARITAL DF.8TS. The only marital debts known to Plaintiff are
those listed on Exhibit A as liens against the various marital assets.
11. PROPOSF.D RESOLUTION OF ECONOMIC ISSUES. Plaintiff proposes
that she receive 60 percent of the marital property, because of the
considerable disparity in incomes of the partieG and the significant
contribution she made to the marriage in the form of her pre-marital
assets. She proposes that she retain the Nissan Pathfinder and that
Husband pay her approximately $19,000.00 as her share of the equity in
the marital assets.
Wife also proposes that Husband pay alimony to her in the amount of
$500.00 per month [or an indefinite period.
~~~G[DQ~,
Samuel L. AndeG
Attorney [or Plaintiff
Supreme Court rD 17225
525 North 12th Street
Lemoyne, PA 17043
(7171 '/61-5361
I
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EXHTRIT A - MARITAl, PROPF.RTY
DATE OF HARITAL AHOUHT OF
ASSET VALUE VALUATION PORTION LIENS LIEN
Residence at 150 $100,000.00 NOVl!mbt! r, 100\ Hellon AplJrox.
Fairway Dr! ve in 1995 Dank $70,000,00
Etters, PAl balance
IIl1sbnnd's IRA with November, 100% None known NIA
Prudential 1995
Wife's IRA with Novembur, 100:1; None known NIA
Prudential 1995
Prudential Variable Novembur. 100% Nonll known NIA
Investment Fund 1995
American Funds Cu. $800.00 Nov(!mber, 100% None known NIA
Hutual Fund 1995
Husband's 1995 Nissan $23,000,00 Novembe r, 100% PSECU $18,000.00
Pathfinder 1995 (approx. )
1991 Honda Accord' $10,000.00 Novembe r, 100% lIonda of $7,000.00
(j oi n t names) 1995 America (upprox. )
Household furnishings $8,500,00 November, 100% None known NIA
and uppliances 1995
I ~ife contributed $5,OOll,OO of her pre-marital funds to
I purchase the res iderwe.
I 'Wife'll pre-mndtal nutomobilo, n 1901l lIonda CRX, Wiln traded
. .
I
I
II
in fOl $4,400.00 towilld tho down pclymont of the Nills<ln
Pathfinc!rH'.
VS.
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IN TIIB COURT OF COMMON
PLB~S OF CUMBBRL~ND
COUNTY, PBNNSYLVANIA
NO, 95-2640 CIVIL TBRM
IN DIVORCB
DORY L. JACOBS,
Plaintiff
ALBERT I. JACOBS, III,
Defendant
INCOME AND EXPENSB STATHHBNT
OF
DORY L. .JACOBS
INCOMB
Plaintiff is employed on a full-time basis by Rite-Aid Corporation. lIer gross
income is $1,134.62 every two weeks. She does not receive any additional compensation
or work overtime, Thus her earnings, on a bi-weekly basis, net of taxes, are as
follows:
Gross Pay
Payroll Deductions:
Federal Income Tax
Soc. Sec. (OASDI I
Medicare Tax (III)
PIT
Local Tax
Dental Insurance (which
covers the Defendantl
$1.134,62
$117.20
$69.66
$16.30
$31.77
$11. 35
$5,00
Total Deductions
$251,28
Net Pay Every Two Weeks.,.. $883.34
That is $1,913.90 per month.
RITE AID CORPORATION "'''E OElACII '110 'I['M,"".
SlATU,411n OF \'OUlllAllrlltlOS
AIll) OWUCJIOUS
EMPlOYEE N....e: "V;J';~1~lt~r.,~!' ,
JACOBS'" 0 '~~'~.~'o/II~>:11
./
NON NEGOTIABLE
SCIIBnUl,H A
/tONTIILY EXPBNSBS
Home
Mortgage/Rent
Maintenance
Utilities (telephone, heating, electric,
Bmployment (transportation, lunches)
$475,00
$
etc. )_$120,00
$25.00
Taxeo
Real Estate
Peroonal property
Income
$
$
$
Inourance
lIomeowners
Automobile
Life/Accident/Health
$3.50
$10,00
$45.00
$430.00
Automobile (payments, fuel, repair5)
Medical
Doctor/Dentist/Orthodontist
lIospital
Special Needo (contacto,braceo, etc,
810.00
$
$27.00
Education
private/Parochial School
College
$
$
Peroonal
clothing
Pood
Other (barber, houoehold ouppliesl
Credit payment 0 and loano (VISA)
MiBcellaneouo
lIousehold lIelp/Child Care
Entertainment (papero, booko. vacationol
Gifts/Charitable Contributiono
Legal Pees
Other Child support/Alimony Payments
8140,00
8200.00
$120.00
$300.00
8
$60.00
$50.00
8100,00
$
Total Monthly Expenses
$2,175,50
ROBERT F. ROTH, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
vs )
) NO. 95-837 CIVIL TERM
CARYN GOLDMAN ROTH, ) CIVIL ACTION - LAW
Defendant ) IN DIVORCE
ANSWER AND COUNTERCLAIM
AND NOW comes the above-named Defendant, by her attorneys,
Andes, Vaughn & Bangs, and makes the following Answer and
Counterclaim to Plaintiff's Complaint.
COUNT I
1. Admitted.
2. Denied as stated. The Defendant is Caryn Goldman
Roth and she is a resident of Cumberland County, Pennsylvania.
3. Admitted.
4. Admitted.
5. Admitted.
6. Admitted.
7. Admitted.
WHEREFORE, Plaintiff prays this Court to enter a final
decree in divorce and, contemporaneously therewith, to resolve
all economic issues raised by the parties.
COUNT II
8. No answer required.
9. Admitted.
10. Admitted.
WHEREFORE, Defendant joins in the request that the Court
equitably distribute and divide the marital property.
COUNTERCLAIM
COUNT III - INDIGNITIES
1l. The Defendant avers that the Plaintiff has committed
such indignities to the person of the Plaintiff as to render her
condition intolerable and life burdensome.
WHEREFORE, Defendant prays this Court to enter a decree in
divorce and, contemporaneously therewith, resolve all of the
economic issues now pending between the parties.
COUNT IV - ALIMONY
12. The Defendant is without sufficient assets or income to
properly support and maintain herself and is financially
dependent upon the Plaintiff and his income for her proper
support and maintenance.
13. The Plaintiff has and enjoys sufficient assets and
income that he can afford to pay reasonable alimony to the
Defendant.
WHEREFORE, the Defendant prays this Court to order the
Plaintiff to pay her such alimony as is reasonable under the law
and under the circumstances of this case.
COUNT V - ALIMONY PENDENTE LITE AND COUNSEL FEES AND EXPENSES
14. The Defendant is unable to financially support herself
and maintain this litigation without financial contribution by
Plaintiff. The Defendant does not have sufficient earnings or
assets to maintain herself and this litigation while the
Plaintiff has sufficient income to pay reasonable alimony
pendente lite to the Defendant.
15. Defendant has already incurred si~'ificant legal
expenses, including legal fees, in the various legal matters
pending between Plaintiff and Defendant and will continue to
incur those expenses until these matters are resolved.
16. Defendant is without sufficient income or assets to pay
her legal expenses without eXhausting her resources. The
Plaintiff, on the other hand, has more than sufficient income to
payor at least contribute to the cost of this litigation,
including the attorney's fees, appraisal fees, and other costs of
litigation which will be incurred by Defendant.
WHEREFORE, Defendant prays this Court to award to her
reasonable alimony pendente lite and to require the Plaintiff to
pay all or a substantial portion of her legal fees and costs and
expenses incurred in this action.
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uel L. Andes
Attorney for Defendant
1.0. #17225
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
)
( 55>:
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CAR~~ GOLDMAN ROTH, being duly sworn according to law,
deposes and says that the facts set forth in the foregoing
Answer and counterclaim are true and correct to the best of her
knowledge, information and belief.
Sworn to and subscribed
before me this Z~,~ day
of IllA/~sr , 1995.
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LIT" Klr>:l'J., "";;111 PLI:,,,,
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 'i'5' <6"37 ~I..L..:Jt~
I
ROBERT P. ROTH,
Plaintiff
CARYN GOLDMAN ROTH,
Defendant
CIVIL ACTION ~ LAW
IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the prothonotary at
CUMBERLAND COUNTY COURTHOUSE. 1 COURTHOUSE SOUARE. CARLISLE.
PENNSYLVANIA 17013.
IF YOU DO NOT WISH TO 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.
YOUR 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
1 COURTHOUSE SQUARE
CARLISLE, PENNSYLVANIA 17013
TELEPHONE; 240-6200
ROBERT F. ROTH, : IN THE, COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
VS NO.
. CIVIL ACTION - LAW
.
CARYN GOLDMAN ROTH, .
.
Defendant : IN DIVORCE
COM P L A I N T
AND NOW COMES the above-named Plaintiff, by Lori K.
Serratelli, Esquire and the law firm of SERRATELLI, SCHIPFHAN
AND BROWN, P.C., and seeks to obtain a Decree in Divorce from the
above-named Defendant, upon the grounds hereinafter more fully
set forth:
COUNT I
1. Plaintiff is Robert F. Roth, who currently resides at
502 Pawnee Drive, Mechanicsburg, cumberland county, Pennsylvania
17055, since July 1992.
2. Defendant is caryn Goldman Roth, whose last known
address was 502 Pawnee Drive, Mechanicsburg, Cumberland County,
Pennsylvania.
3. Plaintiff has been a bona fide resident in the
Commonwealth for at least six months immediately previous to the
filing of this Complaint.
4. The Plaintiff and Defendant were married on February 25,
1989, in Dauphin County, Pennsylvania.
5. There have been no prior actions of divorce or for
annulment between the parties.
6. The marriage is irretrievably broken.
7. The Defendant is not a member of the Armed Services of
the United states or any of its Allies.
WHEREFORE, the Plaintiff prays your Honorable Court to enter
a Decree in Divorce from the bonds of matrimony.
COUNT II
8. Paragraphs one through seven are hereby incorporated by
reference herein.
9. Plaintiff states that Plaintiff and Defendant possess
various items of both real and personal marital property which is
sUbject to equitable distribution by the Court.
10. plaintiff requests that this court grant equitable
distribution.
WHEREFORE, Plaintiff prays that Your Honorable Court:
(a) Equitably distribute all property, personal and
real owned by the parties;
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(b) Grant Plaintiff exclusive possession of the
marital residence;
(c) Grant such further relief as the Court may deem
equitable and just.
Respectfully submitted,
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Lor~K~ Serratelli, Esquire
SERRATELLI, SCHIFFMAN
AND BROWN, P.C.
2040 Linglestown Road
suite 106
Harrisburg, PA 17110
(717) 540-9170
ATTORNEY FOR PLAINTIFF
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S.;MKA'I f.Ll.'. SCllIFfMAN lie 8MOWN, r.c.
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CO","1ol0NWEAloTH OF "ENNSV\.YANIA
OE"A"T"'(N' OF HlA\.TH
VITAL RECORDS
COUNTY
DIVORCE
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RECORD OF
OR ANNULMENT
CUMBERLAND
(CHECK ONEI
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HUSBAND
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ROBERT F. ROTH,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
CARYN GOLDMAN ROTH,
Defendant
CIVIL ACTION - LAW
NO. 95-837 CIVIL TERM
ORDER OF COURT
AND NOW, this 4th day of December, 1995, this
matter having been called for a hearing on the Defendant's
petition for return of personal property, and the parties being
present at this time and reporting that they have reached an
agreement, we hereby order as follows:
1. The Plaintiff, Robert F. Roth, will permit the
Defendant, Caryn Goldman Roth, to come to the former marital
residence at the time provided for in Paragraph 2 hereafter and
retrieve all of the items of personal property listed on Exhibit
B attached to the petition and all of the items listed on
Exhibit D attached to the petition and all but item No. 10 (the
diamond bracelet) listed on Exhibit C attached to the petition.
2. Mrs. Roth shall come to the residence with no more
than four friends or associates to retrieve these items at a
time to be selected by Mrs. Roth provided that she give Mr. Roth
at least five days advance notice of the time and date that she
will come. Mr. Roth will be responsible to be present or have a
competent adult to be present to allow Mrs. Roth and her
associates to come into the house and retrieve these items.
3. The award of possession of these items is not
intended by them to be a full and final division or distribution
of these items in the divorce action. If the divorce action
procedes to conclusion, we will take up at that time the
ultimate distribution of the items of marital property including
these items of personal property.
By the Court,
\=:?
Sheel
Lori K. serratelli, Esquire
For the plaintiff
_ . c". 4)~~ "',;,c,"- /J..III \ct:;'
...b ".
Samuel L. Andes, Esquire
For the Defendant
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