HomeMy WebLinkAbout98-01110
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JOHN K, RICH, ) IN THE COURT OF COMMON
Plaintiffs ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
LINDA M. RICH, ) NO, 98-1110
Defendant )
) IN DIVORCE
AFFIDAVIT OF SERVICE BY CERTIFIED MAIL
AMY M. ROSELLI, being duly sworn according to law, deposes and says as
follows:
1. That she Is an employee of Samuel L. Andes, attorney for the Plaintiff
herein,
2. That on 11 January 1999, she delivered to the U,S. Postal Service In
Lemoyne, Pennsylvania, as certified mail (Receipt No. Z 026 535 286) return receipt
requested, addressed to the Plaintiff herein, a true and correct copy of the Rule flied
in the above-captioned action,
3. Said return receipt card Is attached hereto as Exhibit A showing a date of
delivery to the Plaintiff of 12 January 1999,
o 11JbL \))1, V2/J-Mrl ,L--
AMY M.C)'OSELLI
Sworn to and subscribed
before me this 30 -tIo. day
of M"'^-'-k , 1999.
Ir-~
Notary Public.
NOTARIAL SEAL
LYNN EHRENFELD. Notary PuPllr
Lomotno Boro. Cumberland COUIlIy
My Commission Expires Aug. 17,200tl :
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JOHN K. RICH,
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
vs.
LINDA M. RICH,
NO. 98-1110
IN DIVORCE
Defendant
ORDER
AND NOW this "2 1..\ day of ~ ~ 1998, upon consideration of the
attached Petition to Enforce Property Settlement and Separation Agreement, a Rule is hereby
issued upon the Defendant, John K. Rich, to show cause, if any he has, why the relief prayed for
therein should not be granted. The Rule shall be served upon the Defendant's counsel of record
and shall be returnable --v:v days from date of service,
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JOHN K, RICH, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
LINDA M. RICH, ) NO, 98-1110
Defendant ) IN DIVORCE
DEFENDANT'S PETITION TO ENFORCE PROPERTY
SETTLEMENT AND SEPARATION AGREEMENT
AND NOW comes the above-named Plaintiff, by her attorney, Samuel L. Andes, and
petitions the Court as follows:
1, The Petitioner herein is the Defendant, Linda M. Rich.
2. The Respondent herein is the Plaintiff, John K. Rich,
3. The parties were divorced by a Decree entered by this Court on 17 June 1998.
4. To resolve the economic issues between the parties, and contemporaneously with their
divorce action being finalized, the parties entered into a property settlement and separation
agreement dated 22 April 1998, a copy of which is attached hereto and marked as Exhibit A.
5. Mr, Rich has breached that agreement in the following ways:
A. He failed to make the monthly payments on the debt of $50,000.00 as
required by Paragraph (3) of the agreement.
B. He has failed to pay various credit cards and other personal obligations which
he incurred, as required by Paragraph (4) of the agreement.
6. As a result of Mr. Rich's breach of the contract, Petitioner has suffered financial loss
and injury, including, but not limited to, the necessity of incurring legal fees to protect her rights
and interests under the said agreement.
7. Petitioner is entitled to recover her attorneys fees and expenses incurred by her in
enforcing her rights under the agreement, pursuant to Paragraph (18) of the agreement.
"
COMMONWEALTH OF PENNSYLVANIA )
(SS,;
COUNTY OF CUMBERLAND )
Linda M. Rich, 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.
dt.~Il1~
, in aM. Icn
Sworn to and subscribed
before 1JeQ..p~~ day
of ,1998.
OJ ~ Yn. <--Rl9-<lffl'~
Notary ublic,
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l'ROPER'l'Y SE'l"I'LEMEN'l' ANI) SEl'ARNI'ION AGREEMEN'l'
THIS MREEMEN'I' made this l.l
,
day of ((r',u.../....-
,
1990 between JOliN, K, RICII, of South Middletown Township,
Cumberland County, Pennsylvania, hereinafter referred to as
Husband,
A
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LINDA M, RICH, of South Middletown Township, Cumberland County,
Pennsylvania, hereinafter referred to as Wife,
WITNESSETH:
WHEREAS, in consequence of disputes and unhappy differences,
the parties have been living separate and apart from each other;
and
WHEREAS, the parties desire to confirm their separation and
make arrangements therewith, including custody of their minor
SAlOIS.
SHUFF &
MASLAND
A1TORNr:rs.AT-tAW
26 W. IIIsh Slrrot
C.ullllr, PA
children, ANDREA M, RICH (D.O.B, 5-20-01), JAIME L. RICH (D.O,B.
8-10-83) and JOHN P. RICH (D.O.B. 5-20-86), the division of their
marital property and other rights and obligations growing out of
their marriage.
NOW THEREFORE, in consideration of the covenants and
promises hereinafter to be mutually kept and performed by each
party, as well as for other good and valuable consideration and
intending to be legally bound it is agreed as follows:
(1) It shall be lawful for each party at all times
hereafter to live separate and apart from the other party at such
place or places as he or she from time to timo may choose or doem
fit,
(2) Except as heroin othorwise provided, each party hereby
roleases the other from any and all claims, or demands up to the
date of execution hereof.
(3) The parties are the owners of a Marital Residence known
and numbered as 405 Heisers Lane (South Middletown Township),
Carlisle, Pennsylvania 17013.
Wife shall have exclusive
possession of the Marital Residence until March 31, 1998. In the
event Wife has not found a suitable home or apartment, Husband
and Wife agree to a one-month extension to April 30, 1998 of
Wife's exclusive possession.
No other extensions shall be
permissible without the consent of Husband. Upon the expiration
of wife's exclusive possession, Husband shall receive exclusive
possession of the Marital Residence,
During the period of Wife's exclusive possession of the
Marital Residence, she shall pay all utilities and $465.00 per
month toward the mortgages.
The parties agree that if Wife
terminates her exclusive possession on March 31, 1998 she will
owe the final phone bill, final TV Cable bill and the $465.00
contribution toward the mortgages which were due on March 1,
1998.
SAlOIS,
SHUFF &
MASLAND
ATTORHr:YI'AT'UW
26 W. IIISh 51,..1
ClrU.le. PA
Upon the signing of this Agreement, Wife shall convey to
Husband all of her right, title and interest in the Marital
Residence by Deed of Special Warranty. Except as herein before
provided with regard to Wife's exclusive possession as to term
2
and partial a!l!lulllpt.lon of obl.lgotlons, II11!1band shall a!lOUllle full
reoponsibillty of for 011 household expenDeD including, but not
limited to, mortgagen, liens of record, utility bills, innurance
and real eotato taxon In connectIon with naid property,
With
regard to all ouch expenseD, Husband hereby agreoo to hold Wife
harmless and indemnify her from any 1000 thereon.
At the time of the conveyance of Wife's interest, Husband
shall execute a Note and Mortgage in favor of Wife in the amount
of $50,000.00 with interest at 8,5% per annum amortized over
fifteen (15) years with a balloon at the end of five (5) years
and providing for a principal and interest payment of $492.37 per
month. The documents shall not contain any pre-payment penalty.
It is agreed by Wife with Husband that she will subordinate this
obligation to a new first or second mortgage in the event Husband
refinances for the purposes of lowering his interest rate or
reducing his monthly payment. The subordination by Wife shall be
to an amount no greater than the outstanding balances on the
existing mortgages currently in place with the exception that
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SAlOIS,
SHUFF &
MASLAND
ATt'ORW:\'S'AT.uW
26 W. IIIlh 51'..,
<<:.,11,10, PA
closing costs may be financed by Husband.
(4) In the event that either party contracted or incurred
any debts since the date of separation which have not been paid,
the party who incurred said debt shall be responsible for the
been incurred.
paymsnt thereof regardless of the name in which the debt may have
(5) Each party relinquishes any right, title and interest
he or she may have to any and all motor vehicles currently in
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poooension of the other party,
lIusband hao a 1994 Chevrolet
Suburban and wife han a 1997 Dodge Neon.
Each party shall
execute any documentn necessary to have said vehicles properly
registered in the other party's name with the Pennsylvania
Department of Transportation.
Each party shall assume full
responsibility of any encumbrance on the motor vehicle received
by said party, and shall hold harmless and indemnify the other
party from any loss thereon.
(6) The parties hereto mutually agree that they have
effected a satisfactory division of the furniture, household
furnishings, appliances, tools and other household personal
property between them, and they mutually agree that each party
shall from and after the date hereof be the sole and separate
owner of all such property presently in his or her possession
SAlOIS.
SHUFF &
MASLAND
ATrOIIHnI'AT.rAW
26 W. IIISh Sir..'
COrll..., p^
whether said property was heretofore owned jointly or
individually by the parties hereto. This agreement shall have
the effect of an assignment or bill of sale from each party to
the other for such property as may be in the individual
possession of each of the parties hereto.
(7) Each party hereby relinquishes any right, title or
interest he or she may have in or to any intangible personal
property currently titled in the name of or in the possession of
the other party, including, but not limited to, stocks, bonds,
insurance, bank accounts and retirement accounts. This provision
applies to the 401K benefits provided by Streetgard, Inc.
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SAlOIS,
SHUFF &
MASLAND
A~AT.uW
26 W. IIISh 51....
c..II.r., P^
(0) '1'h1s IIgr-cclllcnt 10 cont.l.ngcnt upon thc cxecution of an
IIsoignment IIgr-ocment bctwcon Str-ectgar-d, Inc, and Linda M, Rich
togethcr with thc exccution of a Pr-omiosor-y Notc .1n thc amount of
$165,000.00 fr-om str-cetgar-d, Inc. to Wife.
(9) The parties agr-ee that legal custody of their minor
childr-en, IINDREA M. RICH, JAIME L. RICII, and JOliN P. RICH, shall
be joint, with both par-ties having the right to make major
parenting decisions affecting the children's health, education
and welfare.
The parties shall also have joint physical custody of the
their children as determined by agreement, and after taking into
consideration Husband's business travel schedule.
It is the
parties' intention that the custody of their children shall
alternate every other week including weekends to the extent
possible. Wife and Husband each agree to accommodate the other's
schedule.
periods of joint physical custody shall be superseded by the
following holiday and special event schedule:
(a) Alternating holidays with the holidays being New Year's
Day, President's Day, Easter, Memorial Day, Fourth of July,
Labor Day and Thanksgiving;
(b) Alternating each Christmas from noon on Christmas Eve
to 2:00 p.m. on Christmas Day and from 2:00 p.m. on
Chr-istmas Day until 6:00 p.m. December 26. In 199B, Husband
shall have Christmas Eve and Christmas Day until 2:00 p.m.;
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(c) Each parent shall have aome time with the child on tho
child'a Birthday;
(d) Mother shall have Mother's Day;
(e) Father ahall have Father's Day;
(f) Extended periods of time during summer vacation of the
children as mutually agreed upon,
(10) Husband and Wife have reviewed each other's incomes
based on the various sources of income available to each party.
They have agreed that no child support shall be required from
Husband to Wife or Wife to Husband at this time.
(A) Husband shall maintain Blue Cross/Blue Shield, major
medical or equivalent coverage for the benefit of the
minor children as provided by his employer.
(B) Husband and Wife agree that Husband shall be entitled
to the income tax exemptions for Andrea M. Rich and
Jaime L. Rich and that Wife shall receive the income
tax exemption for John P. Rich.
(e) Husband agrees that he will designate the children, or
a trust for the benefit of the children, as beneficiary
of $500,000.00 in life insurance. Husband's obligation
hereunder shall terminate when the parties' youngest
then-living children has attained the age of twenty
SAlOIS,
SHUFF &
MASLAND
ATTOKHIY1.AT.lAW
26 W. IIIsh Slr..1
CoIrll.I., P^
(22) years.
(D) Husband shall deposit annually $1,800.00 with Richard
Bonnette or another mutually acceptable custodian. The
funds shall be used for the post--secondary education of
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SAlOIS,
SHUFF &
MASLAND
AnoRNEVSIAY-tA.W
16 W. IIISh 51....
Clfll.lr, PA
the children. In the event Husband has paid an amount
in excess of $1,800.00 for post-secondary education
costs including room, board, tuition, books, lab fees,
activity fees and spending money, Husband shall have no
legal requirement under this Agreement to provide the
$1,800.00 payment hereinbefore set forth,
Nothing
herein to the contrary, Husband shall have no legal
requirement to provide any payment over and above the
annual $1,800.00 payment to Richard Bonnette.
This
payment shall terminate when the parties' youngest
then-living children attains the age of 22 years or
completes his post-secondary education.
(11) Husband shall not pay to Wife nor Wife to Husband any
sum as alimony, spousal support or for his or her maintenance.
(12) Each party is now represented by counsel of his and her
own choice, and each shall pay his or her own attorney for all
legal services rendered or to be rendered on his or her behalf.
(13) Neither party shall contract or incur any debt or
liability for which the other party or his or her property or
estate might be responsible and shall indemnify and save the
other party harmless from any and all claims or demands made
against him or her by reason of debts or obligations incurred by
the other party.
(14) Each of the parties shall from time to time, at the
request of the other, execute, acknowledge and deliver to the
other party any and all further instruments that may be
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reasonably required to give full force and effect to the
provision of this Agreement,
(15) Except as may be otherwise specifically provided in
this Agreement, Husband and Wife, for themselves, their heirs,
representatives and assigns, each hereby forever releases,
remises, discharges and quitClaims the other, and such other's
heirs, representatives, assigns and estate, from and with respect
to the following:
A. All liability, claims, causes of action, damages,
costs, contributions, expenses or demands whatsoever in law
or in equity;
B. All rights, title, interest or claims in or to any
property of the other, whether real, personal or mixed and
whether now owned or hereafter acquired;
C, All rights of curtesy and dower and all claims or
rights in the nature of curtesy and dower;
D. All widow or widower's rights;
E. All rights, title and interest or claims in or to
the other's estate, whether now owned or hereafter acquired,
SAlOIS.
SHUFF &
MASLAND
A1TOlhDI'AT.u\l(
26 W, IIIsh Slrotl
C,,,II,lo, P^
including but not limited to all rights or claims:
(1) to take against the other's will;
(2) under the laws of intestacy;
(3) to a family exemption or similar allowance;
and
(4) all other rights or authority to participate
or intervene in a deceased spouse's estate in any way,
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SAlOIS,
SHUFF &
MAS LAND
A~\'I'AT'lA~
26 W. II/Sh Sl'rrt
1:1,11"0, P^
whether arising under the laws of Pennsylvania or any
other
country,
territory,
Polltlcal
state
or
subdivisIon,
F. All rights or claims to any accounting;
G. All rights, claims, demands, liabilities and
obligations arising out of or in connection with the marital
relationship or the joint ownership of property, whether
real, personal or mixed;
H, All rights, claims, demands, liabilities and
obllgations arising under the provisions of the Pennsylvania
Divorce Code, Act 26 of 1980, as the same may be amended
from time to time, and under the provisions of any similar
statute enacted by any other country, state, territory or
political subdivision;
I. All rights, claims, demands, liabilities and
obligations each party now has, or may hereafter have,
against or with respect to the other.
(16) This Agreement shall be construed under the law of the
Commonwealth of Pennsylvania. If any provision of this Agreement
is determined to be invalid or unenforceable, all other
provisions shall continue in full force and effect.
(17) In the event that either of the parties shall recover
a final jUdgment or decree of absolute divorce against the other
in a court of competent jurisdiction, the provisions of this
Agreement may be incorporated by reference or in substance but
shall not be merged into such jUdgment or decree and this
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Agreement shall survive any such final jUdgment or decree of
absolute divorce and shall be entirely independent thereof,
(10) In the event that either party breaches any provision
of this Agreement, and the other party retains counsel to assist
in enforcing the terms thereof, the parties hereby agree that the
breaching party will pay all attorney's fees, court costs and
expenses incurred by the other party in enforcing the Agreement.
(19) This Agreement constitutes the entire understanding
between the parties and there are no covenants, conditions,
representations, or agreements, oral or written, of any nature
Whatsoever, other than those herein contained.
(20) This Agreement shall bind the parties hereto, their
respective heirs, executors and assigns.
IN WITNESS WHEREOF, the parties hereto intending to be
legally bound have hereunto set their hands and seals the day and
year first written above.
Witness
John K. Rich
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W~tnessl
SAlOIS,
SHUFF &
MASLAND
A1T'OItNn!ltAT.lAW
26 W. "'Ih Sir..,
c.r1I.I., PA
(DIVORCE\RICH,PSA\4-3_98\KLLl
10
COMMONWEALTH OF PENNSYLVANIA )
( 55.:
COUNTY OF CUMBERLAND )
On this, the 22ND day of April, 1998, before me, a Notary Public, the undersigned
officer, personally appeared LINDA M. RICH, known to me (or satisfactorily proven) to be
the person whose name is subscribed to the within instrument, and acknowledged that
said person executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
[ NOTIlJIIIP!. SEIII.
AU\' M r.ooaLI. NotJwy PIbIc
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JOHN K. RICH,
)
)
)
)
)
)
)
)
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
Plaintiff
vs.
LINDA M. RICH,
NO. 98-1110
IN DIVORCE
Defendant
ORDER
AND NOW this .:; day of ~ ' 1999, upon the
Motion of the Defendant to make absolute our Rule issued on September 24, 1998, it
appearing that the Rule was duly served and no response has been made thereto, we
hereby make absolute said Rule and further order and direct:
1. The Plaintiff, John K. Rich shall immediately pay all credit card or other credit
debts incurred by him on any joint accounts held by the Plaintiff and the Defendant for
which the Defendant may otherwise be liable and shall supply written verification to
Defendant that he has made such payments.
2. John K. Rich shall immediately make all payments due to Defendant on the
$50,000,00 debt he owes her pursuant to the terms of the Property Settlement Agreement
and shall make all future monthly installments on a promptly and timely fashion.
3. The Defendant is awarded the reasonable attorneys fees she incurred and we
will schedule a hearing on the request of Plaintiff to 5et the amount of those fees if the
parties are not able to resolve that issue by agreement.
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BY THE COURT:,/
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Distribution:
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Johnna J. Deily, Esquire (Attorney for Plaintiff)
26 West High Street, Carlisle, PA 17013
Samuel L. Andes, Esquire (Attorney for Defendant)
525 North 12th Street, Lemoyne, PA 17043
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JOHN K, RICH, ) IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
) COUNTY, PENNSYLVANIA
)
vs. ) CIVIL ACTION - LAW
)
LINDA M. RICH, ) NO. 98-1110
Defendant ) IN DIVORCE
DEFENDANT'S MOTION TO MAKE RULE ABSOLUTE
AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes,
and moves this Court to make absolute the rule issued on 24 September 1998, based
upon the following:
1. The moving party herein is the Defendant. The Respondent is the Plaintiff.
2. On 23 September 1998, Defendant filed a Petition to Enforce Property
Settlement and Separation Agreement in which she asked this Court to require Plaintiff to
make certain payments due to Defendant and to require Defendant to pay various credit
card debts incurred by Plaintiff In the name of both parties, and to award Defendant
counsel fees she incurred in the enforcement of this action,
3. On 24 September 1998, this Court issued a Rule upon the Plaintiff to show
cause why the relief sought by Defendant in her Petition should not be granted. Said Rule,
in accordance with its express terms, was to be served upon Defendant's counsel of
record and was to be returnable 20 days from date of service.
4. Defendant's counsel notified Plaintiff's counsel of the Petition he had filed and of
his client's intention to enforce the terms of the Property Settlement Agreement in
September and October of 1998.
5. Thereafter, when the parties were not able to resolve their differences about the
terms of the Property Settlement Agreement and its enforcement, Defendant's counsel
served a certified copy of this Court's Rule of 24 September 1998 upon Plaintiffs counsel.
. .
That service was made by certified mall and an Affidavit of such service has been filed In
this matter.
6, Plaintiff has made no response whatsoever to Plaintiff's Petition or to this
Court's Rule.
7. Defendant continues to be In default of his obligations under the Property
Settlement Agreement which Defendant seeks to enforce by her Petition.
WHEREFORE, Defendant prays this Court to make absolute its Rule of 24
September 1998 and to order and direct Defendant to immediately pay all credit card or
other credit debts Incurred by him on the joint accounts of the Plaintiff and Defendant and
to supply verification to Defendant that he has made such payments and to make all
payments due to Defendant on the debt for $50,000.00 which the Plaintiff agreed to pay to
Defendant as part of the Property Settlement Agreement and to make all future monthly
payments on a prompt and timely fashion and, after hearing, to award Defendant her
reasonable attorneys fees incurred in enforcing her rights under the said agreement.
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Samuel L. Andes
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, PA 17043
(717) 761-5361
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JOHN K. RICH,
:
Plaintiff
IN TilE COURT O~. COMMON PLEAS
:
VS.
LINDA M. RICH,
Defendant
: CUMDERLhND COUNTY, PENNSYLVhNIh
:
:
CIVIL DIVISION
NO. 98-1110
:
CIVIL TERM
:
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Transmit the reco~d, together with the following information to
the court for entry of a divorce decree:
1. Ground for divorce: irretrievable breakdown under S3301(c)
.~ of the Divorce Code. (Strike out inapplicable section).
,
2.
Date and manner of service of the complaint:
~-l2. .<:j<l.
Personal Service
by
by
Affidavit of Service filed 3/17/98
3. Complete either paragraph (a) O~ (b).
(a) Date of execution of the affidavit of consent required
S3301(c) of the Divorce Code: by plaintiff May 21, 1998 :
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June 9, 1998
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(b),(l) Date of execution of the affidavit required by S3J01(d)
of the Divorce Code: : (2) Date of filing and
service of the plaintiff's affidavit upon the r~spondent:
4. Related claims pending: none
5. Complete either (a) or (bl.
(a) Date and manner of service of the notice of intention
file praecipe to transmit record, a copy of which is attached:
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(b) Date plaintiff's Waiver of Not:ice in S330l(c) Di-{orcc was
fi.led with thc Prothonotary:
Date defendant's Waivcr of Notice in S330l(c) Divorce was
filcd with the Prothonotary:
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JOHN K. RICH,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
ell. ))10
CIVIL TERM
LINDA M. RICH,
Defendant
IN DIVORCE
NOTICE
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the Court. A jUdgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff, You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is indignities or
irretrievable breakdown of the marriage, you may request marriage
counseling. A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Court House,
High and Hanover Street, Carlisle.
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.
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Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA ~70~3
(7D) 249-3166
~2/l-
'--- .
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Robert/C. Saidis, Esq.
'--Attorney for Plaintiff
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JOHN K. RICH,
PluintHf
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
'II' -II/u CIVIL TERM
Defendant
IN DIVORCE
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LINDA M. RICH,
COMPLAINT UNDER SECTION 3301(c)
OR 3301(d) OF THE DIVORCE CODE
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L Plaintiff is ,rOHN K. RICH, who currently resides at 292 i
. I
Fairview Street, Carlisle, Cumberland County, Pennsylvania
17013.
2. Defendant is LINDA M. RICH, who currently resides at
.
405 Heisers Lane, Carlisle, Cumberland County, Pennsylvania
17013.
3. Plaintiff and Defendant have been bona fide residents
in the Commonwealth for at least six months immediately previous
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to the filing of this Complaint.
4. 'I'he Plaintiff and Defelldant were married on March 29,
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1980 in Camp Hill, Pennsylvania.
5. There have been no prior actions of divorce or for
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,
,
annulment between the parties.
6. The Plaintiff has been advised of the availability of
marriage counseling and the Plaintiff may have the right to
SAlOIS, GUIDO,
SHUFF &
MASLAND
26 W. High Slree'
C"Ii,le.PA
request that the Court require the parties to participate in
counseling. Having been so advised Plaintiff does not desire
7. The marriage is irretrievably broken.
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the Court to order counseling.
WHEREFORE, Plaintiff requests Your Honorable Court to enter
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a decree in divorce.
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ReSpe~~y submitted,
/
Rober~'C. Saidis, Esq.
Attorney for Plaintiff
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JOHN K. RICH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 98-1110
Plaintiff
v.
LINDA M. RICH,
Defendant IN DIVORCE
DEFENDANT'S
AFFIDAVIT OF CONSENT. ACCEPTANCE OF SERVICE AND
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(c) of the
Divorce Code was filed on February 27, 1998.
2. Defendant acknowledges and accepts service of the
Complaint on March 9, 1998.
3. The marriage of Plaintiff and Defendant is irretrievabl
broken and ninety days have elapsed from the date of the filing
of the Complaint.
4. I consent to the entry of a final decree of divorce
without notice.
5. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not clai
them before a divorce is granted.
6. I understand that I will not be divorced until a divorc
decree is entered by the Court and that a copy of the decree wil
be sent to me immediately after it is filed with the
Prothonotary.
7. I have been advised of the availability of marriage
counselling and understand that I may request that the court
require counselling. I do not request that the court require
counselling.
SAIDIS,
SHUFF &
MASLAND
ATmRHn'!;IAT.U,W
26 W. "Ish Sir...
Carll.I.. P^
I verify that the statements made in this affidavit are tru
and correct. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S. Section 4904 relating t
unsworn falsification to author~;s. . ' ,.~.
DATED: June 9, 1998::&1rcd/l11Ct:/;
i..--I::3'nda M. Rich
Defendant .
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JOHN K. RICH,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
v.
NO. 9B -1110
LINDA M. RICH,
Defendant
IN DIVORCE
PLAINTIFF'S
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REOUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
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1. A Complaint in divorce under Section 3301(c) of the
Divorce Code was filed on February 27, 199B.
2. The marriage of Plaintiff and Defendant is
irretrievably broken and ninety days have elapsed from the date
of the filing of the Complaint. ,
3. I consent to the entry of a final decree of divorce
without notice.
4. I understand that I may lose rights concerning alimony,
division of property, lawyer's fees or expenses if I do not clai
them before a divorce is granted.
5. I understand that I will not be divorced until a divorc
decree is entered by the Court and that a copy of the decree wil
be sent to me immediately after it is filed with the
Prothonotary.
I verify that the statements made in this affidavit ar
true and correct. I understand that false statements herein are
made subject to the penalties of 1B P . C.S. Section 4904
relating to unsworn falsification to . c~es.
DATED: )Ir:),./ .2/ /99'; ---~
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SAlOIS,
SHUFF &
MAS LAND
A1TORNEYS'ATlLAW
26 W. "Ish Sir...
c",n.I..PA
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JOHN K. RICH,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
98-1110 CIVIL TERM
LINDA M. RICH,
Defendant
IN DIVORCE
AFFIDAVIT OF SERVICE
I, the undersigned, hereby certify that on March 9, 1998, I
served personally the Divorce Complaint filed to the above term
and number on the Defendant, Linda M. Rich.
DATED:
.,
.3 - \z.'-I&
SAIDIS, SHUFF & MAS LAND
.//,.
By: ,
Robert C. Saidis, Esquire
26 W. High Street
Carlisle, PA 17013
(717) 243-6222
Attorney for Plaintiff
/42-