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HomeMy WebLinkAbout00-02869 " "" " " 'h' . """,,-,'3. L _= " " "" " " " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY " " " " " STATE OF " " " ROBIN r.. CLEMENS, " " " VERSUS CHRISTOPHER C. LINN, AND NOW, DECREED THAT AND PENNA. No. OO_?RhQ rTUTT T~UM Plaintiff Defp.llc1::lnt DECREE IN DIVORCE ~ ~ ~J() ..:t 7,'(~ ts,.~. dCO;;' , IT IS ORDERED AND Robin 1.. r.lpmpn~ , PLAINTIFF, r.hT;Qtnpn~r r. linn , 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; The parties' Separation and Property Settlement Agreement dated June 3, 2002 is incor orated herein By T Am'~ ~ Uh~ . " PROTHONOTARY "" " " " " Of. ;t; ,HE , " ...... 'h - """'i_;~ " , " , " " , , , , , " " , " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " " J. " " " " " " " " " " " " " " ", ~, " ~ I I j I I i II I! i~ jt~ I,f Jf; ,oj III I~ Ii jfj Ii .r " " !. j~ If' :!;~ l~i 1f ~l' I, :I " j! J~ ':'1 "'I - ",.~ - ~ , ,~, ",~ ~"- , 7. 5 .tJ.;l /.-.5 -0::> ,'i' .\ " ., ~~, . &d--~~~a#~ '77~ ju~ ;t;~. ,. =,~," !~,..,.,~ "',~_~,~_""', 111""."~~ ~ ~'''''''''''''''"." ~ ",,' ~ ~ ~" ~,~ ~-",,^ l<Ild:;ho~' SEPARATION AND PROPERTY SETTLEMENT AGREEMENT , 3rcL THIS AGREEMENT, made this day of Jwu..... , 2002, by and between ROBIN L. CLEMENS, of Central Penn, Box 5, Summerdale, Pennsylvania, party of the first part, hereinafter referred to as "Wife", AND CHRISTOPHER C. LINN, OF 627 West Main Street, Mechanicsburg, Pennsylvania, party ofthe second part, hereinafter referred to as "Husband", WITNESSETH: WHEREAS, Husband and Wife were married on October 14, 1995, in Tioga County, Pennsylvania; and WHEREAS, Husband and Wife are residents of the Commonwealth of Pennsylvania and have been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and Page I of 14 --.." WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for Husband and Wife at all times hereafter to live separate and apart from each other and to reside from time to time at such place or places as they shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. ARTICLE II DIVORCE 2.1 This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made Page 2 of 14 ~'-,- ",--L.I<-"",,, subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which has been, may, or shall be instituted by the other party, or from making any just or proper defense thereto. It is warranted, covenanted, and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant, and representation is made for the specific purpose of inducing Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, for any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall Page 3 of 14 - 1- "' . , "" be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the, opportunity of each party for future acquisition of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each part in the acquisition, preservation, depreciation, or appreciation of marital property, including the contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets and the division is being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all rights of equitable distribution of the parties. Page 4 of 14 ,~ 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties acknowledge that they have the cash, accounts, and other tangible or intangible property in their possession that they wish to have and neither party will make any claim whatsoever against the other party for any items of personal property or assets that is in the other parties' possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other party. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policies. 3.5 Subsequentlv Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Real Estate. The parties are the joint owners of real estate located at 627 West Main Street, Mechanicsburg, Cumberland County, Pennsylvania. Husband has and shall retain sole and exclusive ownership and possession of this real estate. Husband has refinanced the mortgage encumbering this real estate to his sole and individual name, thereby removing Wife's name as a responsible party. Upon presentation to Wife of a special warranty fee simple deed conveying all of her right title and interest in the aforesaid property to Husband, Wife will Page 5 of 14 ~" <- c' _ ~~~ ~ ~~'-\~' execute that deed and release the deed to Husband so as to allow for the deed to be recorded in conjunction with the recording of the Husbands refinanced mortgage. In addition, Husband has paid to Wife the sum of $15,000.00 in consideration of her interest in the aforesaid real estate. Until such time as Husband's refmancing of the aforesaid mortgage, he was solely and exclusively responsible for making any and all payments and meeting any and all financial commitments due and owing under the aforesaid mortgage to Cendant Mortgage Company. Husband shall indemnify Wife and hold her harmless from and against any and all demands for payment or collection activities of any nature, whatsoever, relative to the aforesaid mortgage while it was in the parties' names jointly. From the time of execution of this Agreementilrward and upon the parties compliance and all of terms of this Agreement, Wife waives and relinquishes any and all right title and interest in the aforesaid real estate. 3.7 Pension. Retirement. Profit-Sharing. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's pension through his present or plior employment. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her present or prior employment. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. Page 6 of 14 1_' 3.8 Vehicles. The parties acknowledge that Husband has and shall retain sole and exclusive ownership and possession ofa certain 1984 Mazda truck which was originally title in the Wife's name individually. Wife has executed the title of the vehicle to Husband's name individually. Wife shall make no claim whatsoever relative to access to or use of the aforesaid vehicle and shall make no ownership claims of any nature whatsoever to the aforesaid vehicle from the date of execution of this Agreement forward. Immediately upon execution and transfer of the title to the 1984 Mazda truck to Husband's name individually, Husband secured automobile insurance for the aforesaid 1984 Mazda truck and a certain 2000 Chevrolet Monte Carlo, thereby removing those vehicles" from Wife's automobile insurance policy. 3.9 Intangible Per,~onal ProlJerfJ!. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. ARTICLE IV DEBTS OF THE PARTIES 4.1 The parties acknowledge that they had outstanding debts or liabilities due and owing to a PSECU Visa account. Wife retained sole and exclusive responsibility and obligation for the Page 7 of 14 . ,Ji;<iIW" repayment of the aforesaid debts. Wife shall indemnity Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to the aforesaid credit card debt. Wife agrees to remove Husband's name from said PSECU debt. 4.2 Each party represents to the other that except as otherwise specifically set forth in this Agreement, and more particularly as set forth in subparagraph 3.6 and 4.1 above, there are no major outstanding obligations of the parties; that since the separation neither party has contracted for any debts for which the other will be responsible, and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V MISCELLANEOUS PROVISIONS 5.1 2001 Taxes. Husband and Wife have filed their 2001 federal income tax returns. Husband agrees to pay to Wife one-half (1/2) of the amount he receives for the year 2001 Federal Income Tax Return. 5.2 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights and obligation or otherwise understand those legal rights and obligation. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having Page 8 of14 ~. ',' i _0"Ii received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 5.3 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or (c) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, Page 9 of 14 , -~- complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 5.4 Medical EX1Jen,~es. The parties agree to be solely and individually responsible for any unreimbursed medical expenses each may accrue or incur from the date of execution of this Agreement forward. 5.5 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms' of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 5.6 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. Page 10 of 14 " ~ ~~'"J''''_ 5.7 Husband and Wife covenant and agree that they will forthwith execute any and all written instrwnents, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement, and as their respective counsel shall mutually agree should be so executed in order to carry fully and effectively the terms ofthis Agreement. 5.8 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 5.9 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 5.10 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 5.11 Severability. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect, and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. Page 11 of14 ~- 'lFW'I'<i 5.12 It is specifically understood and agreed that this Agreement constitutes an equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 5.13 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 5.14 EnfolTceability and Consideration. This Agreement shall'survive any action for divorce and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained in stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non-breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching party shall have the right, at his or her election, to sue for damages for Page 12 of 14 _I ~ "-'~ ^ ~L such breach or to seek such other and additional remedies as may be available to him or her including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSED BY: 613 ~ 'I ~ ~i~oZ Page 13 of 14 ~cf!aw~ ROBIN L. CLEMENS ~~~ , . ~~""~m'" COMMONWEALTH OF PENNSYL VANIA COUNTY OF ClN\rv\~<lCf\..,Vw\ On this ~~ay of J lA \{Ll, , 2002, before me, the undersigned officer, personally appeared ROBIN L. CLEMENS, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she , IN WITNESS WHEREOF, I hereunto set my hand and official seal. executed the same for the purpose therein contained. COMMONWEALTH OF PENNSYLVANIA COUNTY OF plIU fln::;N On this /4/h day of m,+y , 2002, before me, the undersigned officer, personally appeared CHRISTOPHER C. LINN, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that he executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. (l~LeL ~ ~/fI1~ Notarial Seal WIlliam L. Martz, Notary Public Upper Paxton lWp.. Dauphin County My Commission Expires Jan. 23, 2005 Member, Pennsylvania AsSOCIation of NotarIeS Page 140fl4 ~', ,~ - '"""''''''="'~1ili~~~!l~~i~r>w.im'!/i;M-!l;,*'~'l'A\'i~,<i~,",~''lil~I~iiliBlll'-.~ '"f" " '"' ~~~_.'" - o c ;p .""- ."""r>\'"'- n'--1ri'; i~5;; ,-'-.... lie' :~ j 2:C} >'E ~ ,(';:k' .~~ , ,- ':;'i:: ~, , c,;~'r .'C <- <.,"'1 (-" ,.' -" ':';:-; :0 -< ,-"~ ~.. ',.'~' " "" " '<'0""_ ,,,,,,o,^,~,__ "'-""""",,,~,,-,~,,~,~"-"""'"~"'---, "."""'" - -~' '-0il M:\HOME\JRB\FAMIL Y\LINN.Drv Jeffrey R. Boswell, Esquire Supreme Coort I. D. No. 25444 BOSWELL, TINTNER, PICCOLA 315 NoI1h Front Street P. O. Box 741 Harrisburg, PA I7I08-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-93 I 6 Attorney for Plaintiff & WICKERSHAM ROBIN CLEMENS LINN, PLAINTIFF, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. frO- ,;JS(.,q ~ .,-~ CHRISTOPHER LINN, flk/a CHRISTOPHER COURTNEY WEWER, DEffiNDMIT. :INDNO~E NOTICE TO DEFEND AND CLAIMS 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 re- quested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling you must make your request for counseling within TWENTY DAYS (20) of the date on which you received this notice. Failure to do so will constitute a waiver of your right to request counseling. .c., "y ~- ,- " ',w _~, _, _N ~" ", ._,' 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OmCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle, P A 17013 (717) 240-6200 ~, - , ",~ --". ..~".~"" -~~~<. ---~'<'~~~ ~~ ^ ,-- "<',"" '.'. ~"'^--'j Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-93 I 6 Attorney for Plaintiff ROBIN CLEMENS LINN, PLAINTIFF, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ()-().:l. N. 9 ~ "'.t->-- CHRISTOPHER COURTNEY LINN, f/k/a: CHRISTOPHER COURTNEY WEWER, DEFENDANT. : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO !l3301(c) OF THE DIVORCE CODE AND NOW COMES the Plaintiff, Robin Clemens Linn, by her attorneys, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, and states the allegations of this complaint, as follows: COUNT I DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. The Plaintiff, Robin Clemens Linn, is an adult individual who currently resides at 627 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The Defendant, Christopher Courtney Linn, f/k/a Christopher Courtney Wewer, IS an adult individual whose last known address is 627 W. Main Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. "~' - 0'''' ~- ,~"--- ",oc'-",,,., '_","'''.._'~' '-'-';"h"''''- __ :" -'-:\1 3. The Plaintiff and the Defendant have been bona fide residents ill the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 14, 1995, in WeUsboro, Tioga County, Pennsylvania. 5. There are no children of this marriage. 6. The marriage of the parties is irretrievably broken. After ninety days have elapsed from the date of the filing of this Complaint, Plaintiff and Defendant may file an Affidavit consenting to a divorce pursuant to ~3301(c) of the Divorce Code. 7. No Agreement of Separation concerning the division of marital property between Plaintiff and Defendant has been made. 8. The parties may enter into a written agreement with regard to property division, in which case such agreement may be incorporated by the Court into the Final Decree of Divorce. 9. There have been no prior actions of divorce or annulment between the parties with any Court in this Commonwealth. 10. Neither the Plaintiff nor the Defendant are members of the Armed Forces of the United States of America or any of its allies. I I . The Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate m counseling. WHEREFORE, the Plaintiff respectfully requests that the Court enter a Decree in Divorce pursuant to ~3301(c) of the Divorce Code. --~ ----~~~..,"""' ,---- -~~-,--'~,"- - .'~__'''''cJ.; COUNT II - ADULTERY DIVORCE UNDER SECTION 3301(A)(2) OF THE DIVORCE CODE 12. Plaintiff repeats and reaUeges the averments of paragraphs 1 through 11 which are incorporated by reference. 13. Defendant committed adultery continuously from July, 1999, through February, 2000. WHEREFORE, Plaintiff respectfully request this Court enter a divorce pursuant to 93301(a)(2) of the Divorce Code. COUNT III -lNDIGNITIES DIVORCE UNDER SECTION 3301(A)(6) OF THE DIVORCE CODE 14. Plaintiff repeats and realleges the averments of paragraphs 1 through 13 which are incorporated by reference. 15. The Plaintiff, Robin Clemens Linn, has suffered such indignities to her, the innocent and injured spouse as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully request this Court enter a Decree in Divorce pursuant to 93301(a)(6) of the Divorce Code. COUNT IV EQUITABLE DISTRIBUTION 16. Plaintiff repeats and realleges the averments of paragraphs 1 through 15 which are incorporated by reference. 17. Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by this Court. 18. Plaintiff and Defendant have not agreed to an equitable division of this property. .'U = '."",,.- ~' ,.. ' -''''<''"-'~~'~'''-<--''',- ',-""._,'.""-,, '''-,.''~"n'",.,'__'', "~';&_~"C' WHEREFORE, Plaintiff requests this Court to equitably divide the marital property after an inventory and appraisement has been filed by the parties. BOSWELL, TlNTNER, PICCOLA & WICKERSHAM BY:~ Jeffrey R. Boswell, Esquire DATE: May 4, 2000 '--";,<,.;b.", ,',- ">.' '--"0',," ","""oR""" ~ ' ROBIN CLEMENS LINN, PLAINTIFF, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNfY, PENNSYLVANIA v. : NO. CHRISTOPHER LINN, flk/a CHRISTOPHER COURTNEY WEWER, DEFENDANT. : IN DIVORCE VERIFICA nON I, Robin Clemens Linn, Plaintiff, hereby verifY that the facts contained in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.SA. 94904 relating to unsworn falsification to authorities. G/k ~1A ()( ~0/0 ROBIN CLEMENS LINN DATE: May Lf .2000 "'". ,';h '~-"'" c~' - ~"' ~ -.iIii ,~~ o C. ,"'t11t\ Sfq'.~ -;'7 l'-~' 2/1:C. <' r:: CJ ~C} ); ~~; :.'.2 v f- -fQ ~. 't-' _. g o' .. \ rr ~. c' l~ 'l\..... '" ..c:> \ <:> ~ V\ \;" F ,. , C::' (:~') ~j!. 1:Y1' -< 1 CO -0 -",' -~ ~ .-1 -:1: .. ....:!l ;" I:: :'A"'1' (5 ..., :J, ~~~ ~T\ ..--J.._-r1 (-J-- '.2:0 (3iTl -'" ~ o '..11 t:J ~ ~ j "- 'l! ....... 21 "- 01 '-I d ~ ~ ~ ~ f ~ ,,-- ,', ~ .., ,; -~ ",.'. ' ^"H , ;~~'-~"""'-~'" -',.'.'>, ~ ~,'," "-b Jeffrey R. Boswell, &quire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street P. O. Box 741 Hanisburg, PA 17108-0741 Telephone: (717) 236-9377 Facsimile; (717) 236-9316 Attorney for Plaintiff ROBIN CLEMENS LINN, PLAINTIFF, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 00-2869 CIVIL TERM CHRISTOPHER LINN, f/k/a CHRISTOPHER COURTNEY WEWER, DEFENDANT. : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF DAUPHIN Jeffrey R. Boswell, Esquire, being duly sworn according to law, deposes and says that I am a competent adult, and that I mailed a copy of the Complaint in Divorce on the Defendant, Christopher Linn, f/k/a Christopher Courtney Wewer, on May 9, 2000. The Defendant received the complaint on May 20,2000, as evidenced by the attached return receipt card attached hereto. ~rA, e ey R. Boswell, EsqUIre Sworn to and subscribed before ath "'y of Joo" 2000. Notary Publj,;: - Notarial Seal ^ ^ ^COIlnie L Hardy, Notary Public ^ , ^ ,~nisburg, Dauphin County My COIl!misslon Expires Feb. 10, 2003 - ~,- -, -"w~,', "~, -" ~,\ -, '- ,~- ...",,-~, > ,/ ~ '- .""'"',,--c,'"'-;' '-.,',-" j", '4i SNDER: '~', " -OQrrtplete Items 1 and/or 2 fOr additional S$I'\iic;es. t:_ Wish to receive the 'Iii .Ctlrn~leteltll... 3.40. atId 4b. , - IoUowing services (lor en -= ; -=..''<:;;'~.ame andatldress Oflthe reverse ofthls form sothBlwe'can ~umthi8 extra fe&): S "--:;'_ lhlsfonntothefrontofthemalJplece,oronthebacklfspacedoes~ 1. 0 Addr~'$Address ! Ii RS~'R809iPfA8qussted.onthemailplecebelOwthearliclenumber. 2.0 ResttIc<<td Delivery r! -i -The RetU, eiPt Will shoW to Whorn the aftida was delivered, anti the date tl " delivered. ,', 'Consult postmaster lor lee. ._ : 3. Atticle it, toSsed 10: '" 48. Artk:le Number J ~. P 095 516 528 " I Mr. Chrms'eopher Cour~;~eY, ',' ervice Type DELIVBR TO ADi .. 22 Laurel Street (~~Apt,' Registered ~ Certlfled ~ Pine 'Grove, PA 179&$;'\ 0 Expr&s$ Mail 0 Insured .5 . III ~' 0 RelumReceiptforMerchandlse D'COD " 7. Date 01 Delivery .e -,<.0, CO [ 5. Received By: (Print Name) 8. AddressM'sMdress (Only If raquested i! and i.. is paid) .!! ,I- ~ " g, .!! i <II; 1 L l.lL i i 1~!lt..~f9 J lLu it , ilrn Receipt .~ ''', -- :- ",",-~"" ,. "c[' ,'. s, :,_~~, J 1- t ,-N,c'< ", """~~-",~,,,~.., ,p ,.^ ,-- ,',.''':' "~'~"",-" . " , ~^' " (") $ ....-. mO.; ;?:!1J ("2'1;:' ~'""<::: ~-<::.. 5f,O fi8 . !; :.~ ~ c: f\; 0 = 0 c CJ ~T1 S -, ."O(U ~ ~ ",j [nc;:i :;;:::: .. 0 r z__ , '-n ~~~ J " co v , C) ~G -n I, - .. -~1 Pc; ."pP ':,~ () Z;o r::- ,,~-: .n J>c~ ~~ ;c.: 'D =:! :,-:;) r'v -< .. " ,", -,I ~ ,'~ ~I ~-~ I ~" ~....~ -~"n_'l'.' ROBIN L. CLEMENS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW CHRISTOPHER C. LINN, Defendant : NO. 00-2869 CIVIL TERM : IN DIVORCE ENTRY OF APPEARANCE Please enter my appearance on behalf of the Plaintiff, Robin L. Clemens, in the above- captioned matter. Respectfully submitted, Date: a /30/0 I , I ~ cu. tas, Esqmre GRIFFIE ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 """'-'- ''''''_''__'''''_""'''''''''''k",,",,',,iW~'''m,,,,,__j...,,,,,,.liIIl " - '='~~-"O'-{'~ "'~ <:) C, <'. -'O[r~ flirT' ~~~~' UJ"::" -</ j~2: ",_0 r--'. ~ Z ~ p;. ,,- '.- :~"') " , '-'-' ',(;; :';1 ('...'1 , , ::-:} 5J -< m: , - - "T ROBIN L. CLEMENS, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : CIVIL ACTION - LAW CHRISTOPHER C. LINN, Defendant : NO. 00-2869 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A. Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on May 8, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I VERITY THAT THE STATEMENTS MADE IN THE FOREGOING 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 F ALSIFICA TION TO AUTHORITIES. DATE: olz 1/02. ~of tlLlAfA ROBIN L. CLEMENS, Plaintiff f/k/a ROBIN CLEMENS LINN ~!!M~JI!~iitjd:i'/iiI;~~J!I..!~!imofJ:;~'?,;;M";,&'k<':"'"l^\",,,.fj,',h~j-';'i"#'1!$.""'i!,,,,',i,i~1)~~~!iII,l1IlJ_llo 'i, -- ~,=~" """" :fi_Ej;!~~"" _.' -"~>""'Mil. C) , ' C r(,;) .::"" i'] MtJ t'.-:'~ :J: CL!iJ',': :::::1;>, 2( ~'<: r'::::;, OJ ;'_,0 : ""p f;$ (~.:; (::'l , 0 , 'U ':;'j~? 70 ~,',.,. :.:222 j~() 'C i"J iSrn :z: " -, =< :;> 1'0 :0 -< t.._~". - - I~~ ~ "" ~~- - ROBIN 1. CLEMENS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW CHRISTOPHER C. LINN, Defendant : NO. 00-2869 CIVIL TERM : IN DIVORCE WAIVER ON NOTICE OF INTENTION TO REQUEST THE ENTRY OF A DIVORCE DECREE VNDER ~33{U(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 3. I understand that I will not be divorce 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 files with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. g4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. DATE: Q/z'rlo2. ~CY CI~ ROBIN 1. CLEMENS, Plaintiff flk/a ROBIN CLEMENS LINN J ." ,~, ""'''''"''''''~V''~~~~'~Mi!~~<i~'R:,j",l'~;Wj~~~~ . .,~'~~" .'~ iliiilll ,-.<,,""': - .'- "~~ [r ':r:~ 0 C:r () ,.- l"..J ? -n v'-:-f~ ,~:~> m"" :;;:~:l' t ,",--, '"'< , 7" , -" ZIr::';': w f"!: 0)1-:, c:> CJ ~~~: -0 '~,:.; ~~} ?E'~' -,':" ~;~ ,0 .....:::.() 1;-: >~' ,- :z c-l ::;:! f'v ~ -< , ~~ -.. -.:n"" ROBIN L. CLEMENS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTOPHER C. LINN, Defendant : CNIL ACTION - LAW : NO. 00-2869 CIVIL TERM : IN DNORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 8, 2000. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 decrees. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF Pa.C.S. SECTION 4904 RELATING TO UNSWORN F ALSIFICA TION TO AUTHORITIES. (%~(l ~ CHRISTO R C. LINN DATE: s- ~;;:2 I I ,"",,;..' "~B~~!!!@,~~!ti$j~l~ii,'p;;i\'!iJl'i:0':;;~~"~j'H_B"f",,)5;~~ilr" h ~ dJ'lu , ... -~ ~'liilllliIi'~'. 'tIIrlIIIfI' (") c: :;:-- 'vi:rj ClJE: ~::-,. _!,.- t~2: 00:::':::(""1 2(;t-} -"C;,;, :2' ::::J ~ ,'" " (::::' ;\..j '-, ::F :;g: :"::'1t '''"< :..,1.,) (::' ,:T! -,:~ !~!=! }'-,.-' , ';~~ :,,~jj -_"0 cjrfl ~-I )0> :0 -< :;? 1::) (.0 ~~ , '.....' ROBIN L. CLEMENS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CHRISTOPHER C. LINN, Defendant CIVIL ACTION - LAW : NO. 00-2869 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c.) OF THE DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 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. Section 4904 relating to unsworn falsification to authorities. DATE: s-A/t;1.. I I ~Cd' , -J..., ~!'" "JjI~r'i1~ifii!~..~iiijiliiH~~1 ~~....w"' , II il N,~" , " ~,"...--~~, -.~ ,--..... (") C '.0* rnr;',' ~c if~ '"3 ", ;...-.~ . (.0 ~"", - '~,:i II I ':::J N :Jir: )":IJ-" () '.n ~"r:;:: -., r-' . -;f71 ::'7CJ :::)).. - 1',_) ;d~~ ~~-1 ~::; =< G.) a ::? .....:... ~) -ii''',,_ ROBIN CLEMENS LINN, PLAINTIFF, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2869 CNIL TERM CHRISTOPHER LINN, f/k/a CHRISTOPHER COURTNEY WEWER, DEFENDANT. : IN DNORCE ORDER AND NOW, this 1'IJ4A day of ~ ,2000, upon consideration of the foregoing petition, it is hereby ordered that (IJ a rule is issued upon the respondent (plaintiff) to show cause why the petitioner is not entitled to the relief requested~ ~ /I .^ ~ ....... f~ - 16~ ~. answer to the petition wit n ay of tlliB dat~; (3) Li.l'" ~etitigR ,,-"'~11 ht-:> rlp.rinAnllnrlt-:>-rDA D ~ P }To. J96.7, f4) d"'.l-'v~:l:VH" .,11c:d1 uc vUlllplclcd w ~tlLili day., vI tlLi., dalc, in Col'l...h.........uJ. Ill'- {Jj WgWllvlll ~llCdl ~v IJ.l.Jd. V.L.L Lilt; CWIlbt;rldLdi OSltllf) CBartkB~19~; iaRQ (6) uvl:vv uf th", vJ.ih.J ..:..f tt:~ VJ.d.Vl .,11Cdl bv l-'J.uv:dvd Lv...JI t"'tH1i9B S) llJ.v l-'cl~L~uHvL.l J. Dated: !~ / :l. - J.5 -00 RXs .$ F1LED--()f=nCE OF ", ," ,r"'r ',t,'("[^RY !~'~:_ 1-';--;'..-, ",\)1\ .-,' "" I 00 DEe I 5 Mi 10: I 0 CUMBEHLf',,-D COUNTY PENNSYLVANiA .' ~ , """",'1,,, .~ 't,,~,,-- - '--"~,,, .~.,. U'O , ~" '~.i" n, __, ,~~'_. '0' .__,' - .,c- M:\HOME\JRB\F AMIL Y\LINN MOTION DRAFT 1 DECEMBER 8, 2000 Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Attorney for Plaintiff ROBIN CLEMENS LINN, PLAINTIFF, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2869 CNIL TERM CHRlSTOPHER LINN, f/kla CHRlSTOPHER COURTNEY WEWER, DEFENDANT. : IN DNORCE PETITION TO WITHDRAW AS COUNSEL AND NOW COME Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, and makes this petition to withdraw as counsel for plaintiff for the reasons set forth, as follows: I. On May 8,2000, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wikcersham, as counsel for Robin Clemens Linn, filed a Complaint in Divorce. 2. Defendant Christopher Linn was served with this Complaint by certified mail on May 20, 2000. 3. Counsel prepared and filed the Affidavit of Service of the Complaint on said Defendant on June 8, 2000. 4. Defendant is not represented by counsel. 5. On September 14, 2000, Plaintiffs counsel sent to Defendant a Marital Settlement Agreement that had been reviewed and approved by Plaintiff. , ;'.' "'<,,",- 6''''~' -, . ,- .', C~',,, - ':''''"V -.',.- ':'::: .." 6. Defendant did not respond to Plaintiffs counsel with regard to said agreement. 7. On November 9, 2000, Plaintiffs counsel received a letter from Plaintiff stating that she no longer desired counsel's representation, citing the cost for attorneys fees and the time expended to resolve property issues and the Marital Settlement Agreement. 8. Plaintiff is in the sole possession ofthe marital residence and has informed counsel that she made arrangements for the current payment of the mortgage thereon. 9. Counsel has inquired of Plaintiff if she has obtained new counsel, to which she has responded she has not, and counsel has explained the required procedure for his withdrawal. WHEREFORE, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, as counsel for Plaintiff Robin Clemens Linn, requests this Honorable Court to enter an order to permit its withdrawal from this case upon entry of the filing of an Order of this Court Respectfully submitted, BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: <:::>J-Ir1A..._1 / J~fyR.~ B;;;;ell, Esquire 315 N. Front Street P. O. Box 741 Harrisburg, P A 17108-0741 Attorneys for Plaintiff DATE: December 8, 2000 , \"~." '" ,..., "'0,,'",'""'",'0',"", -~:--: ~.....' """ ';i<,' , ""';',~",--i,",i;~" "'''''.. . -"''-- . I Co, 0'" . () ~ -Or-..:; t!lQ! 2_"..1 2:t; (1)_0, ,-("" j-c ~~ .' 7(] ''''0 J>c: 2: =< " ,., c:J c, o ,-"1 C:-) ~? ~/~'@ t:;~~S ~j~ ~~rn .-., :t -< ~-:: \D " :"',,~;,;: ,"', ,--,.:" > J , < Jeffrey R. Boswell, Esquire Supreme Court I. D. No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERBIIAM 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236~9377 Facsimile: (717) 236-9316 Attorney for Plaintiff ROBIN CLEMENS LINN, PLAINTIFF, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2869 Civil Term CHRISTOPHER LINN, fik/a CHRISTOPHER COURTNEY WEWER, DEFENDANT. : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN : SS. Jeffrey R. Boswell, Esquire, being duly sworn according to law, deposes and says that I am a competent adult, and that I mailed a copy of the Petition to Withdraw as Counsel and the Order on the Plaintiff on December 22, 2000. The Plaintiff received the Petition and the Order, as evidenced by the attached return receipt card attached hereto. ~~qUire Sworn to an.d s.llbscribed before me this...3~ay ofJanu ,2001. - Notarial Seal Connie L, Hardy, Notary Public Harrisburg, Dauphin County My Commission Expires Feb. 10, 2003 j,." ~';-' .' - "o";"n"",'"'t-",..,,,",,<,,,, ''_'-'..".-.----- ;-':,"" <".,-,..",..,.. . ,'Complete items 1, 2, and 3. Also complete &em 4 if Restricted Delivery is desired. ., Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: .", , ' , , ' ,,~'''':f,C<'''' ",,-,(, _,,,,,;,~'" '~, - c',' -' ' A. Received by (Please Print Claarly) B. ,Oate of D61iv~ '~~ D. Is delivery address different from Item 1? If YES, enter delivery address below: o Agent D Address$!! DYes DNa x ROBIN CLEMENS LINN MAl;N ST~ET l70L IllI Yes ".."-1. i bbrrfetfid Return Receipt_ ~ 12;U/J"2J1""M-<lm to ______ "", ~'""'=" '.--"" '''''= .,', -"~ Ccc ''"'';''''',^ ~'~"-' r~ ","""C .;< ":~.":"{;,;-,,,,,,,~.. I I -~, ^.;;;,'. ":"- Q3itr~ ~~i,~ co ~.;(') Zo >c: ~ .."- . ". () !;; ( "'Cc _ . ~j I :'0 t.c . ','" " ,',~"" "iI. ',,,.,,,,"~",, ,,~';' ,~'". ,_ '""j__C . ~: JAN - 5 20~ ROBIN CLEMENS LINN, PLAINTIFF, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2869 CIVIL TERM CHRISTOPHER LINN, f/kIa CHRISTOPHER COURTNEY WEWER, DEFENDANT. : IN DIVORCE ORDER AND NOW, this cr~ day of January, 2001, upon consideration of the foregoing motion to withdraw, it is hereby ordered that Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham are authorized to withdraw from this action. ~J. fi N>;Y>.{\' , D I L".Or ,\' Cl o ~~ By the Court Dated: ",,,, -70"- ,"'i ~ '~. ... ,~,", ""' ' , , "'>''''",,'''' , i". 01 ,rr.1 -~! ".-)T/\R'{ ;"i\l 8: h(} (\1 I', ;".',1," ,,', :--', I'-'''''IU' f'r_,/ ",."-' r-,-d __: -,I. l11 '\11" ..,J..,.tlyIL,..... '..... " ,-' '..1,-", I ~ l I PENN~;YL\/PS".,il/\ , !,rrm" ""l '"'-''''' ", "0;',,' , """ ~ , , ,': "- -- ,<'-' ,",'1" "_, 0,,';' ;"," ~ .....', M:\HOME\JRB\FAMIL Y\LINN MOTION DRAFT 1 JANUARY 3, 2001 Jeffrey R. Boswell, Esquire Supreme Court I. D . No. 25444 BOSWELL, TINTNER, PICCOLA & WICKERSHAM 315 North Front Street P. O. Box 741 Harrisburg, PA 17108-0741 Telephone: (717) 236-9377 Facsimile: (717) 236-9316 Attorney for Plaintiff ROBIN CLEMENS LINN, PLAINTIFF, v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2869 CIVIL TERM CHRISTOPHER LINN, flk/a CHRISTOPHER COURTNEY WEWER, DEFENDANT. : IN DIVORCE MOTION FOR ENTRY OF ORDER TO WITHDRAW AND NOW COME Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, and makes this motion to withdraw as counsel, as stated. 1. Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham filed a Petition to Withdraw as counsel for Plaintiff on December 12,2000. 2. On December 14,2000, this Honorable Court issued a Rule returnable 10 days after service. 3. The Petition and the Order were served upon the Plaintiff, Robin Clemens Linn, on December 22, 2000. 4. The said Robin Clemens Linn, the Plaintiff, filed no response to said Rule. 5. Ten days have passed since the service of said Rule. , , _c,__ '">>'"-',.-', '-<'- ~, '..; "~ '""l - AND NOW, Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, respectfully request this Court to issue an Order authorizing their withdrawal from this action. Respectfully submitted, BOSWELL, TINTNER, PICCOLA & WICKERSHAM BY:~~ ITey R. Boswell, Esquire 315 N. Front Street P. O. Box 741 Harrisburg, P A 17108-0741 Attorneys for Plaintiff DATE: January 3,2001 ~.:! , . CERTIFICATE OF SERVICE I, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document to the following: Ms. Robin Clemens Linn 627 W. Main Street Mechanicsburg, P A 17055 Mr. Christopher Courtney Linn 22 Laurel Street (Rear Apt.) Pine Grove, P A 17963 Method of Service: X First class mail Certified maillRestricted Delivery Hand-delivery BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~ J R. Boswell, Esquire Dated: JanuaryAI,2001 ,.'he, ",_ '" ., ;"',",,~ J':L ,~',i;,"-"" l4i1&' . -, "' ~...' '-"":''''"'''''''' "", ' ,,; "'"'''''''''''-''',,M' 0 ~'-"- '.~.' , C -;~ ~ C_ "T' r;:.:' (';'l;l rn f,: ~:!: ,- Z ~ [,, <- (t) "- -< " r::: C! j; C Z " (=;~ -- j; '..D ;:.-) c. :::::.::1 -;>' ::::J :.:> ::6 -< (=: ~: I ~ __''.'.. '~~."I,"', ~. ,;",. 0" .,' , ".. ' " "d '"' v. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 00-2869 CIVIL TERM ROBIN CLEMENS LINN, PLAINTIFF, CHRISTOPHER LINN, f/k/a CHRISTOPHER COURTNEY WEWER, DEFENDANT. : IN DIVORCE PRAECIPE TO WITHDRAW Kindly withdraw the appearance of Jeffrey R. Boswell, Esquire, and Boswell, Tintner, Piccola & Wickersham, as counsel for the Plaintiff, pursuant to the Order of Court dated January L, 2001. BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~ ,Ifl - J~.~squire 315 N. Front Street P. O. Box 741 Harrisburg, P A 17108-0741 Attorneys for Plaintiff Dated: JanuarylQ,2001 ~-~, ,-,1 ~ . , ~ ,I;; ,~ . ' CERTIFICATE OF SERVICE I, Jeffrey R. Boswell, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document to the following: Method of Service: X First class mail Ms. Robin Clemens Linn 627 W. Main Street Mechanicsburg, P A 17055 Mr. Christopher Courtney Linn 22 Laurel Street (Rear Apt.) Pine Grove, P A 17963 Certified maillRestricted Delivery Hand-delivery Dated: January 11, 2001 BOSWELL, TINTNER, PICCOLA & WICKERSHAM By: ~ J y R. Boswell, Esquire ;,;,;,.,,-.-- ' --=0'; [! i~ ~, o'-L """,'. ",,~', Ie 111'11 UL ,~-- -, L. ... , - ',,"" ' .",,~c~,> .,. , H"~' "",'.,q"'",O", o ~? "1::lT 92;r:;,i ~':; r::::: c,,; ~- ",,:>,~' . ;:.?' '--- ~ ",-:::~~l }o> c: 7' :3 ,~,' C.J -' ~ ,'. "' --",. \ I ~ r,.' " ',...' (n ..,.' " :;:.. '0' ',-:, .~' ;" "'" 0 . ~ . _'i._i, ROBIN CLEMENS LINN, Plaintiff V. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : CIVIL ACTION - LAW CHRISTOPHER C. LINN, Defendant : NO. 00-2869 : IN DNORCE CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter hereby elects to retake and hereafter use her previous name of ROBIN LYNNE CLEMENS.. ~~ 6#. e/NJiJ RO CLEMENS LINN Ik/Jtv ~f}f_~ IN L LEMENS COMMONWEALTH OF PENNSYLVANIA COUNTYOF JJJ4U IWIt(} On this I ~<6--day of ~?ft ,2001, before me, the undersigned officer, personally appeared Robin Clemens Linn, now known as Robin Lynne Clemens, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. SS NOTARIAl SfAI. CYNlIIIA PAlWODE. NOTARY PU8UC HARRISBURG, DAUPHIN COUNn PA. MY COMMISSION EXPIRES JULY 8 2002 ~",~~ "_~'~" ~!Il/lIiill , '~,', 'c,L,: .-I",~:;~", -- . , , ,~ MC "~'lr""'"""'~ , L~ 'I r"" , , c:, ~ 0 ~ ~::'~ =^ ,~. i'k & ~', ." J: ~ , ~ Cf ~ ex:, -.J::: 0',( 3 :',_'J j (.:, '. 0 ~ 3 ~ - - -- ~' . ,",,'