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Home My WebLink About95-04380 l<~ I ~ -I -0 ~ \J) , c.. ~ J 0 ()O (Y) -::r ., '.. .:',' <! '..~' .'J~f: ,o''if.>; "J ~ " .\~~ ';.1.., .:~;~ )~ . 111.:/ , !., .:'.\fl' ~i:1~,~ !~Jl "~~ 'I" ,() . "",'" ~~____~~~~__________r~~__~_~__~ ~ ..-- , ,. . 8 IN THE COURT OF COMMON PLEAS 8 8 ~ S OF CUMBERLAND COUNTY $ 8 ~ 8 8 . g STATE OF . PENNA. ! 8 ~ e 8 e ..RqBERT,..Ii'.,...$TPGKARD,................... il ~ 8............. .. Pl!1.iJ'\!:~ff...............:\ N II. .~.~.::1.,~,~g.... ................. 19 8 ~ ~ ~ , , . , , . , , , , , . , , , , , , , , . , . , ,NOliI'!, . , , , , , , , , , , , , , , . , . , , , , , . , '/~ :1. , . , , . . . . , . , . . . , : .""".'",."", ,.."",.."""""""."",.1/..",.."".""... ~ D'~ffl.' I ! AlIe.~:~""'4.'"'.. /{ ~f. ~'~~.... J. ;~ !=' '~ <7 :~ ~ y(~4:~< J:' ~ '. . 7Prothonotary 1: ~ ' ~ ---,~ ~- ~-~-,.- . ."...-.,. -,., --_.,-,......-._~~..-- -. - - .-, ~.-...-. ~....~ ....- - ~.~ ~-~-- ~ .-' ~ :~~*~*-~.~*~~*~*~~~************* e w ',' .'. ~ 8 VCI'SIIS ii ..,.,.-... II I. IN DIVORCE ....KA.~E~..E~...!).T.OCI(l\RD, .. Defendant .. 8 .'. ~ s $ DECREE IN DIVORCE ~ " ~ ~ ~ ~ ..' e 8 e " ., AND NOW, ,.. ~:CU\...!=\,...... ....,... 19 5!l?." it is ordered and decreed that., ~?~~~:r,.~:, ~:r:~~~~,~1?, " " ,..'.,.." "., .'" .., plaintiff, and, ".,. ,~~~,E,~ ,~.., .~!9~,~~~!'"., " "..,..',..' ,,', "....." 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; ,.~ ~ 8 r, 8 8 8 8 8 ,., ~ ~ a .~ i ., i ... ,;; " ~ ',' ,'. ~ ,~ ~ ~ w 0;0 $ .', ~ 6 NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle. Pennsylvania 17013 (717)240-6200 ROBERT F. STOCKARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. : IN DIVORCE COMPLAINT KAREN E. STOCKARD, Defendant 1. The Plaintiff is ROBERT F. STOCKARD, who currently resides in Cumberland County, Pennsylvania with a mailing address of B Railroad Avenue, Shiremanstown, Pennsylvania 17011. 2. The Defendant is KAREN E. STOCKARD, who currently resides in Maryland with a mailing address of 2952 Colchester Court, Abingdon, Maryland 20910. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 20, 1982 in Baltimore, Maryland. COUNT I - DIVORCE 6. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 7. There has been a prior action for divorce or for annulment between the parties docteked at 91-581 Cameron County which has been discontinued. B. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c) and 3301(d), in that: a) The marriage is irretrievably trokenl b) Plaintiff and Defendant have lived separate and apart since August 10, 1990 and continue to do so. 9. The Plaintiff has been advised of the availability of counselling and of the Plaintiff's right to request that the Court require the parties to participate in counselling and does not request same. 10. Defendant is not a member of the armed services. WHEREFORE, plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing plaintiff and Defendant. Respectfully submitted, 6:.,<1 Austin F. G og 24 North 3 d Camp Hill, PA (717) 737-1956 Attorney for Plaintiff Attorney nID 59020 Date: g( II f'if" '.,..'., . ; ;-~. :,:: \:; .:,~;~~;~;{?:~':"::;.~ ':';',.,&0. ,",..,.'. ..... """""'f';',~~"",,,. .. :;':"',~'" ;<~~';"~.. t."2'"\.;._~"::A. :i!!.:jl~t\~1d;~.t~li\~,fff\-::~ :~< '~~ '<it~!::~;,~~',:~tl'~'I~'~~~~;~~;;,('; f.:" C'~~:~,:Ff1t;.. .......\,..- ......-.;". .... ~C::.~ i;~~t~ .:,~";; ,. . . '.,,; ~,. '. .\,' ,n" ... '. ,};f~~~i;*kj{ .'''.:I'':::;Y':~'\i~~;~'~:J$;':':'~;'' ........~;~ t~~;0~~.'0"''' '." ;II --:. . . '~~. __ . Lv ~,.,.~,.. :.' >I?~"" i~,. ;:','~,t.:. ". " :;~rt,'$: -,... .~I"" p.. . """. ........i:/!t.. '..., "~">''''I~ '~:'o'I~,'.a~'*';.::,~:. ~.~ 'PO ~:. 'f:':"","", .O;;:S" 'H~h''''r'';i':? ........... ..... QQlt' &11- ", ').' ..' . ~ ')'t IjCi~2 :'; 't.\~"J~' ~,'f()~" '<oO""I~~" ~ <t:e;;D:. '.::i<1;;?{Jf~(;;f~Z. l. '.I .....1> i '_..,-:,.:,."",.:.,'1.{ -~i ,; . ,0 I:: ~ ,'/ "~;;:/:)~~;,,-,,,::,~:f;~::}W#:~~.- j~;';U5i~~t~~~ ' ", '.',1 ~:~\:~~m?1'.~i; ~"'~, ~"""'l h'.Y.i..::t--~ ',' :.., <~::'f ~~~i~_:~;.f1l ._....~...".....",1.~~5t. "-;;, ';., ::-:'?"'V:~~i. " ',.-. ....:.)'-. .' ... . ROBERT F. STOCKARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 95-4380 CIVIL TERM IN DIVORCE v. KAREN E. STOCKARD, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Austin F. Grogan, hereby certify that I did mail a true and correct copy of the Divorce Complaint in the above maller, by certified mail, return receipt requested, to the Defendant, Karen E. Stockard on August 17, 1995, at her last known address: 2952 Colchester Court, Ablngdon, MD 21009 which satisfied the requirements of service by mall pursuant to Pa. R.C.P.403. The signed receipt acknowledging receipt on August 21, 1995 Is attached hereto as Exhibit lOAn. I understand that false statements are made herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: t\ 11\ lH Austin F. Grogan, s if~. :?~,<~~";:(1;~"~'''.'.''.;';''~.' .'c..'..'......;f...,...-..:-. "-."""'..,- 1€!....",'.'i;{<li".::". . . . f~~I.,~.-....I_""I''';;'''':2fot'ddld'';;\_' :- "'.....,....-........ '" . ('lh~:CIo9IOlO.- J... a.b, . l-t:~~.;Prtnt. .your"MmI end~ on the rtYtfH,of tNt'form 10 r..t we un . __ani",,,,,,...,. .. ~ ,.d.:."t::' :.'.J~ to lIMo ......~ .... -" .. on.... b....I' .poco I:, 1~.W......__R~'on...._..........._- 2. 0 R..lnCltd Dollvery \-"tI ,.,-n. fteturn RICtIpt wIIlhow to Wham.........1I dtIveNd Iftd thldete :i.8 _rod:' . . Conlull llmOllor lor 100. ....1, .-...-.. ~ '-'..T G.-o- Il i~ SilXJ(/41f1J 1!l'R~r:::'.JYpe Olnlured j01.9SiJ. {};t~ (l,A g ::.~~ M~I g ~~~m Rocolptlor /W:;tN~r1nJ, J..t/j JlcPt 7. OlIo ~OOIlVOry t , ,; t ~ntf:."T:.:o~1droll lOnly If roqUOlled 1 ! ,iii' !,I'i .ijl i f' di l' \ l.l . i I ; ~ i: : _ t \ tf i lie M/.O,CIPO;._1.. DOMESnc RETURN RECEIPT. .. " _w,>.."~..,...-"",.,-,,.,.,.".. !,,~:~:-i:.;~t+ , . '1'-".IIO.A~fIh>iJ r~Ive.;~.'the:>','f,: loIlowl. ,rylctll lIoron ,lIlItrO .)"" 'HI: 1-' I 1. 0 Add...I..'o Add.... I I l' , , , . . . ..\ .~ -';'i ~,;.~ ,'" ~.>~~ /;~ ,,','-.: ~~ ";;',;fS,~ \,t: ./fa.rtm g: 'y~Q.I1/ .... ~) 6; co -- 1I) ! - 1-" )..( U.l~.~ )0;.., l..;l< )..:.., H:~.. ~ .,t. '-r .,~ y,- ' - L") -"'fn (~\. ;:~ Lq'. E~; C.':, ~ ta r- L_ . J G. -- .;;.; ,.-.'. ,.'- U:l ~ .:..', l...' v' .~) ~ '- al b: r i"= t.l"': ':'5,:. ~"I .. ( . '.~~~ F~ ~- ...... ~::;! l,.--, , r' c':\ '.1) "i.n l.....lt.. "I>: ._1. - ... U;' C-- lr:!j L" .,~~ .' r:": I'. ~--'.., :j c 'C , ..J . ;..... '. "",:~,- ',': ,. ,.... ,~ . ,,;, .~~,;.:;'"!j'..:;~}:::i~~~~~~~~:" . .. .Ausllil/ g: .!lrq.?lUb ~ ,. -- ~ ; . , I ~ f"". , / ROBERT F. STOCKARD, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 95-4380 CIVIL TERM IN DIVORCE KAREN E. STOCKARD, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on August 16, 1995. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to Ihe entry of a final decree in divorce. 4. I understand Ihat I may lose rights concerning alimony, division of property, lawyer's fees or expenses If I do not claim them before a divorce is granled. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to Ihe penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsification 10 authorities. Date.I/.3S'/'l1. ~J.-,:..:z.. dr)./ R !lert F. Stockard , , ROBERT F. STOCKARD Plaintiff vs, KAREN E. STOCKARD Defendanl . . . IN TIlE COURT . OF . COMMON PLEAS . CUMBERLAND COUNTY. . PENNSYLVANIA . Case No: 95-431111 Civil Term In Divnrce . . . . . . . ANSWER Now comes Karen E. Stockard, Defendant. nnd in nnswer to Ihe Complaint states n.~ follows: I. That the marriages is irretrievnhly hroken. 2. Thill Ihe Plninliff and Defendnnl have lived sepamte and apart since August Ill. 19911 and conlinue 10 do so. 3. That Ihe Defendanl has been ndvi:;cd of the nvailability of counseling and of the Defendant's righl 10 request Ihat the Court require Ihe parlies 10 participale in counseling and does nol requesl same. .4. That the Defendant is notn member of the armed services. 5. That two (2) children were born as a resullof this marriage. Shannon Slockard. nge 12 and Tyler Stockard. age II. 6. That the mOlher has physical custody of both children, WHEREFORE. the Defendant requests Ihat this Honorable Court: n. Enter n Decree in Divorce, divorcing Ihe Plainliff nnd Defendant; b. Awnrd custody of hOlh children 10 the Defendant, Karen E. Stockard; c. Order the Plnintiff. Roherl F, Stockard. 10 pay child support in .he amount of $ 1ll1l.1I11 per week; and d. children, Order the Plaintiff. Robert F, Stockard to mainlain health insumnce for the f1C1Q.Q ~ e~Y-ruYb KAREN E, STOCKARD cc: Austin F, Grogan. Anorney for Plaintiff . . ROBERT P. STOCKARD, PLAINTIPP IN THE COURT OF COMMON PLEAS OP CUMBERLAND COUNTY, PENNSYLVANIA NO. 95-4380 CIVIL TERM IN DIVORCE v. KAREN E. STOCKARD Defendant NOTICB TO PLBAD TO: AUSTIN P. GROGAN, ESQUIRE, Attorney for Plaintiff, Robert P. Stockard 24 N. 32nd Street Camp Hill, Pennsylvania 17011 You are hereby notified to file a written response to the enclosed Preliminary Objectionsl Motion to Dismiss within (20) days from service hereof or a judgement may be entered against you. DATE: February B, 1996 ;tdWiJ ~,~.bA __ Andrew C. Sheely, ~ire Attorney for Karen E. Stockard Defendant Id. No. 62469 1 West Main street Shiremanstown, PA 17011 (717) 737-8761 ROBERT F. STOCKARD, . IN THE COURT OF COMMON PLEAS OF . PLAINTIFF . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO. 95-4380 CIVIL TERM . . IN DIVORCE . KAREN E. STOCKARD . . DEFENDANT . . PRBLIMIHARY OBJBCTIONS/ MOTION TO DISMISS CUSTODY COMPLAIRT TO THE HONORABLE, JUDGES OF SAID COURT: Karen E. stockard, Defendant, by and through her counsel, Andrew C. Sheely, Esquire, files these Preliminary Objections and Motion to Dismiss the custody complaint/petition filed in the above-captioned matter pursuant to Pa, R.C.P. No. 1028 and ~ R.C.P. No. 1915.2 and 1915.5, and respectfully states as follows: I. IMPROPBR VBNUB PURSUANT TO P.. R.C.P. NO. 1028(.)(1) .nd 1915.2 1. Defendant, Karen E. Stockard, is an adult individual who resides at 2952 Colchester Court, Abingdon, Harford County, Maryland 21009. 2. Defendant, Karen E. Stockard, has not been a resident of Pennsylvania for at least five (5) years. 3. The parties are the natural parents of Shannon R. Stockard, age 12, and Tyler Stockard, age 8, (hereinafter referr- ed to as "children") who have continuously resided with Defendant Mother in Maryland during the past five (5) years. 4. CUmberland County is not the home county of the children and Pennsylvania is not the home state ot the children. 5. The children have not resided in Pennsylvania for at least five (5) years and have seen and visited with Plaintiff approximately six (6) times in the last two years. 6. The children do not have significant connections or contacts with any family residing in Cumberland County and their paternal and maternal grandparents and families reside in Maryland. 7. Defendant has continuously cared for the children in Maryland and the children have significant friends and family contacts in Maryland. 8. The children have no other contacts or family in Pen- nsylvania, other than Plaintiff. 9. Maryland is the more appropriate forum to determine custody of the children and the best interest of the children. 10. Cumberland County, Pennsylvania, is an inconvenient forum to determine custody rights and responsibilities. 11. The home state of the children is Maryland. WHEREFORE, Defendant, Karen E. stockard, respectfully requests that this Honorable Court stay the instant custody action in cumberland County, direct Plaintiff to transfer the above-captioned matter to the appropriate County in the state of Maryland pursuant to Pa, R.C.P. 1028 (a) (1) and 1915.2, 23 P.S. 55344, and award costs, expenses and attorney fees to Defendant 2 in accordance with 23 Pa, C.S.A. 1534B(q) because venue is clearly improper in Cumberland county, Pennsylvania. II. LACK O~ JURISDICTION PURSUANT TO PA. R.C.P. 1028 (a) (2) 12. Paraqraphs 1 - 11 of Defendant's preliminary objections are incorporated herein by reference. 13. No emerqency situation exists to warrant immediate jurisdiction in Cumberland county, Pennsylvania. 14. The children have not been abandoned. 15. The Court of Common Pleas of Cumberland County does not have jurisdiction to make a child custody determination and Plantiff has failed to aver facts in the custody Complaint/ Petition which would establish jurisdiction in CUmberland County. WHEREFORE, Defendant, Karen E. stockard, respectfully requests that this Honorable Court dismiss the instant custody proceedinq, or, in the alternative, stay the instant custody action in cumberland county, direct Plaintiff to transfer the above-captioned matter to the appropriate County in the state of Maryland pursuant to Pa, R.C.P. 1028 (a) (1) and 1915.5, 23 P.S. 15344, and award costs, expenses and attorney fees to Defendant in accordance with 23 Pa, C.S.A. 15348(q) because venue is clearly improper in Cumberland County, pennsylvania. III. I'AILURB TO COHPLY WITH RULB 01' COURT MID 1l0TIOH I'OR A HORB SPECII'IC PLEADING PURSUANT TO Pa. R.C.P. 1028 (a)(2) (3) 3 16. Paragraphs 1 - 15 are hereby incorporated by reference. 17. Plaintiff's CUstody Complaint/Petition does not comply with Pa, R.C.P. No. 1915.15 which requires that Complaints and Petitions for custody adhere to a general form. 18. Plaintiff's custody complaint/petition fails to set forth specific facts which would enable Defendant to frame a proper answer or defense to the allegations set forth in the petition. WHEREFORE, Defendant, Karen E. Stockard, respectfully requests that this Honorable Court strike the above-captioned custody petition, or in the alternative, to require an amended complaint so that the defendant can frame a proper defense to the allegations set forth by Plaintiff. Respectfully submitted, Date: February 8, 1996 11cl LL' J C. S h.Ld Andrew C. Sheely, Esqu Attorney for Defendant Karen E. Stockard Id. No. 62469 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 4 VIlRII'ICATIOH I, Karen E. Stockard, verify that the statements made in these Preliminary Objections are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa, C.S. section 4904, relating to unsworn falsification to authori- ties. February 8, 1996 ~lW.N\E.,~ aren E. Stockard , . CBRTI~ICATB O~ SBRVICB I, Andrew C. Sheely, Esquire, hereby certity that I am this day serving the foregoing preliminary objections upon the tollowing named individuals this day by depositing same in the United States Mail, First Class, postage prepaid, at Shiremanstown, Pennsylvania, addressed as follows: Austin F. Grogan, Esquire 24 N. 32nd Street Camp Hill, PA 17011 Date: February 9, 1996 c~ Andrew C. Sheely, E Attorney for Karen E. e ockard ir. r- >- M ':; ~ .. :-i.._ ~! C'-J ~~:~ "-'.) .- ..-1:.... ~- .. ..... :.:.::1 @:-:. . ...... (- en , I J-' G:L~ . C'" i;':iJ ;.. k; l - lo. 't. _0 :C':'j U lfl lJ -' ROBERT F. STOCKARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 95-4380 CIVIL TERM IN DIVORCE v. KAREN E. STOCKARD, Defendant \ ORDER "PPOINTING ~ ( ~ AND NOW "'~6-..-- ~ 19'1E c. /;.:<. ,'8--0 squire, is appointed master wilh respect to the following claims: /:}.-<-( c,;.e?t--<---;) Bk~ourt: i .~ j? C~V/ [:: _ J c:\wp51'docun'lft1N"tockMd.nw -. ROBERT F. STOCKARD, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 95-4380 CIVIL TERM IN DIVORCE KAREN E. STOCKARD, Defendant MOTION FOR APPOINTMENT OF MASTER following claims: (X) Divorce () Annulment () Alimony () Alimony Pendente Lite Plaintiff, moves the court to appoint a master with respect 10 the ( ) ( ) ( ) () Distribution of Property Support Counsel Fees Costs and Expenses and in support of the motion states: (1) Discovery Is complete as to the claim for which the appointment of a master is requested. (2) The plaintiff has appeared in the action by his allorney, Austin F. Grogan, Esquire. (3) The statutory grounds for divorce are 3301 (d) and 3301 (c). (4) Delete the inapplicable paragraphs(s): (a) The action is contested. (5) The action does not Involve complex issues of law or fact. (6) The hearing is expected to take one hour. Date:a (7) Additional Information, if anl1 rele~ant Jote motion: tli6. UU4~(,11 0- ~l ~ Austin F. Grogan, E~u re Allorney for Pla'intiff ROBERT F. STOCKARD, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 95-4380 CIVIL TERM IN DIVORCE v. KAREN E. STOCKARD, Defendant NOTICE If you wish to deny any of Ihe statemenls set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admllled. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on August 10, 1990 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 thai I may lose rights concerning alimony, division of property, lawyer's fee or expenses if I do not claim Ihem before a divorce Is granted. I verify that the statemenls made in this affidavit are Irue and correct. I understand Ihat false state men Is herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3/' /7' , ji!:~~c..? . ~.-#/ /Ro t F. Stockard r:':'f~' ;.~~ . ;~. -, (''':~ ljn.,. ,0. : .\~;~' ~i. t'" -~u dC "".:- '~J<~. ;~'!I :t.,:~ ~~~~, ~qr. 'T,"";'. ),~. ~~ '~. '~i-' '.~i~~ , ., '. " It ,c,"',_" .',.'0. .. ....,...:-.".^. ~ g: /frqgO/l/ " .' "'- . , , ... . . v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 95-4380 CIVIL TERM IN DIVORCE ROBERT F. STOCKARD, Plaintiff KAREN E. STOCKARD, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I, Austin F. Grogan, hereby certify that I did mail a true and correct copy of the Affidavit Under Section 3301 (d) of the Divorce Code as well as a Counter-Affidavit in the above matter, by certified mail, return receipt requested, to the Defendant's Counsel, Andrew C. Sheely, Esquire on March 6, 1996, at the address listed below: Andrew C. Sheely, Esquire Bogar & Sheely Law Offices 1 West Main Street Shlremanstown, PA 17011 The signed receipt acknowledging receipt on March 8, 1996 is attached hereto as Exhibit "A". I understand that false statements are made herein are made subject to the penalties of Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: ..3/lt/11" " .. . EXHIBIT "A" Or- '.11'1 u oil) 11:11 - I :1' ~ ". I r: Ill.)' !;J ...;.<._.,;.,..,~.,..-..;...,."". P.LtD-OrFlCE C? Ii,.' t'" ""~"'~~'-'r;y cu....;,..',t.,.; ...",,',..' It Y r.t~ll,l_ '('lli' I 'f~ I'~I"I.~ L.'ii...'.;h 'It ,,'. . "' r,\.(o.O~t-~l)ir;:\{ or 'il!,;: 1'".0";\, \0 ~o jr,H 25 ~\\ h~ 03 - ,. fI CO\J~lT'I C'J~J,~~S\ 'l,l",.~;~I--:. I:"" '\l\ r.r:" -', ,.." \',""\I'V' ..' j.,;)5.'lb &d. fdlf /IIJ/ ~ q ~ehA J'~ /Ie, '1/Jt.U, I~ ~ dfI- J';)S,q(p ~,k.d ~ (Yl. ~fA . , v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 95-4380 CIVIL TERM IN DIVORCE ROBERT F. STOCKARD, Plaintiff KAREN E. STOCKARD, Defendant PETITION FOR CUSTODY CONCILlATIONIHEARING AND NOW, comes the Plaintiff, Robert F. Stockard by and through his attorney, Austin F. Grogan, Esquire, aver the following support this Petition for Custody Conci I iation/Hearlng. 1. The Plaintiff, on or about August 16, 1995, filed a Divorce Complaint in Cumberland County. (Attached) 2. The Defendant, on or about August 31, 1995, filed an Answer to the Divorce Petition raising an additional count of custody. (Attached) 3. The Parties have been unable to agree to a custody order involving physical custody and legal custody of the children born of the marriage. WHEREFORE, the Plaintiff requesls this Honorable Court to schedule a conciliation conference In the above mailer and following such conference enter a permanent order sharing physical and legal custody of Ihe Parties minor children. Respectfully Submllled ROBERT F. STOCKARD, Plaintiff IN THE COURT OF. COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : q5" - Lf 3iD LU....J. Tool,~ IN DIVORCE v. KAREN E. STOCKARD, Defendant NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim set ~orth 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 for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. V' en . Court Administrator Cumberland County Courthouse 4th Floor 1 Courthouse Square Carlisle, Pennsylvania 17013 (717)240-6200 = .- ,. - :; : ,- , .',' t..?..z: ;..... I. ,~t:: ... '~~ N ~ cO 01:,- t...::) c..:> :::> -= ~;- ROBERT F. STOCKARD, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. : IN DIVORCE KAREN E. STOCKARD, Defendant COMPLAINT 1. The Plaintiff is ROBERT F. STOCKARD, who currently resides in Cumberland County, Pennsylvan~a with a mailing address of 8 Railroad Avenue, Shiremanstown, Pennsylvania 17011. 2. The Defendant is KAREN E. STOCKARD, who currently resides in Maryland with a mailing address of 2952 Colchester Court, Abingdon, Maryland 20910. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on March 20, 1982 in Baltimore, Maryland. COUNT I - DIVORCE 6. Paragraphs 1 through 4 of this Complaint are incorporated herein bX reference as though set forth in full. 7. There has been a prior action for d.i.vorce or for annulment between the parties docteked at 91-581 Cameron County which has been discontinued. 8. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301(c) and 3301(d), in that: a) The marriage is irretrievably broken; b) Plaintiff and Defendant have lived separate and apart since August 10, 1990 and continue to do so. Austin F. G og 24 North 32nd Camp Hill, PA (717) 737-1956 Attorney for Plaintiff Attorney #ID 59020 counselling and of the Plaintiff's right to request that the Court require the parties to participate in counse~ling and does not request same. 10. Defendant is not a member of the armed services. WHEREFORE, plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing plaintiff and Defendant. Respectfully submitted, Date: g{v/'iJ.... ROBERT F. STOCKA...J . .'. . .. .:HE COURT . OF . COMMON PLEAS . CUMBERLAND COUNTY, . PENNSYLVANIA . Case No: 95-4380 Civil Term In Divorce . . . . . . ANSWER Plaintiff vs. KAREN E. STOCKARD Defendant Now comes Karen E. Stockard, Defendant. and in answer to the Complaint states as follows: 1. That the mar~ages is irretrievably broken. 2. That the Plaintiff and Defendant have lived separate and apart since August 10, 1990 and continue to do so. 3. That the Defendant has been advised of the availability of counseling and of the Defendant's right to request that the Court require the parties to participate in counseling and does not request same. 4. That the Defendant is not a member of the armed services. 5. That two (2) children were born as a result of this marriage, Shannon Stockard, age 12 and Tyler Stockard, age 8. 6. That the mother has physical custody of both children. WHEREFORE, the Defendant requests that this Honorable Court: a. Enter a Decree in Divorce, divorcing the Plaintiff and Defendant; b. Award custody of both children to the Defendant, Karen E. Stockard; c. Order the Plaintiff, Robert F. Stockard, 10 pay child support in the amount of $100.00 per week; and d. children. Order the Plaintiff, Robert F. Stockard to maintain health insurance for the ~o.QJ)lY'\e.~f~ REN E. STOCKARD cc: Austin F. Grogan, Attorney for Plaintiff ~ IN ... I I ''04 ' ! 8 .. ~ Ie ti 101 u Iii 0 II) 1; . c.. , ~ g:E I :~m uQ . iil~ ,,,/(~!.' .j>> .,.' I ..:') , ~, ._', ;"y,;<~ w -,.-':'-..!!i;~~~{ :i r,:.~ ",~~'.., .- .'! <~<' . ..... ,..,..I;r ,J.~.{{~,~_t' . ~ . OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Streel Carlisle, PA 17013 (717) 240.6535 II. Robertllllcker, II Divorce Master Trecl "0 Col~.r Office ManageriReporter We.t Shore 697-0371 Ex!. 6535 January 25, 1996 Austin F. Grogan, Esquire 24 North 32nd street Camp Hill, PA 17011 Karen E. stockard 2952 Colchester Court Abingdon, MD 21009 RE: Robert F. Stockard vs. Karen E. Stockard No. 95 - 4380 In Divorce Dear Mr. Grogan and Ms. Stockard: By order of Court of President Judge Harold E. Sheely dated January 22, 1996, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on August 16, 1995, averring grounds for divorce of irretrievable breakdown of the marriage and further averring that the parties have lived separate and apart since August 10, 1990. No affidavit, however, under Section 3301(d) of the Domestic Relations Code has been filed. No economic claims have been raised in the complaint and I assume that there has been no agreement between the parties to sign and file affidavits of consent so that the divorce can be concluded under section 3301(c) of the Domestic Relations Code. Therefore, in order for the Master to proceed, an affidavit under Section 3301(d) should be filed averring the period of separation in excess of two years allowing the Defendant an opportunity to respond to that affidavit. Therefore, until an affidavit under section 3301(d) has been filed and the Defendant has an opportunity to respond to the affidavit, the Master will not schedule a hearing until the Master knows whether or not there are any issues to be resolved between the parties with respect to the 3301(d) affidavit and counter-affidavit. P.R.C.P. 1920.51(a) (1) (ii) provides that "no Master . Hr. Grogan, Attorney at Law and Ms. stockard, Detendant 25 January 1996 Page 2 may be appointed as to the claim tor divorce in an action under Section 3301(0) or 3301(d) (l)(i) ot the Divorce Code". Very truly yours, E. Robert Elicker, II Divorce Master