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HomeMy WebLinkAbout01-04246IN THE COURT OF COMMON PLEAS BaIItY LV. SPIE[,ER~ Plaintiff N O. 2001-4246 VERSUS BEUIIZLY A. SPIEI,ER~ Defendant DECREE IN DIVORCE /~ ~. AND NOW, VC.~?j L'+f! ~` ZcCf IT IS ORDERED AND DECREED THAT ~1' W SP~1~ , PLAINTIFF, AND T~~T~ A. SPIEC,II2 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; NE BY THE. COURT: ST SFI': D J. a PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CiJMBERLAND COUNTY, PENNSYLVANIA HENRY W. SPIELER, Plaintiff CIVIL ACTION -LAW v. N0.2001-4246 CIVIL TERM BEVERLY A. SPIELER, IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: hretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: by hand delivery on July 12, 2001 3. Date of execution of the Plaintiff s affidavit of consent required by Section 3301 (c) of the Divorce Code; October 11, 2001; by the Defendant; October 11, 2001. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 11, 2001. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: October 11, 2001. LAW OFFICE OF MICHAEL J. HANFT By ichael J. H ,Esquire Attorney I.D. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717)249-5373 Date: October 11, 2001 Attorneys for Plaintiff FaUeer Polder\Fimr Docs\Grndocs2001\1642-2pr'aecipe traasmitwpd G C7 '1' N ~. 3 c-:, ~`~ `, ,, %;° .`, ,.,, c`'s :,'~ ~,: =a 'me!=sx~+rrrm:a ~~ti~..~ar50.:''p~s ~M',6F,R~'~.:ra. ..• -:, •r..,,:ir arr~R.:?.~ti[i rtN~n*5??Ym'i.,sd~t~£sentlt~'"'~~~~ati: F:\OSer FolderlFirm Dou\Gendocs2001\1642-2divorce.complaiv4wpd HENRY W. SPIELER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.2001- '~.z~Pc. ~~( ~~-- BEVERLY A. SPIELER, Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. 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 (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 11V THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY W. SPIELER, Plaintiff v. CIVIL ACTION -LAW N0.2001- ydYG BEVERLY A. SPIELER, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this ~~~'day of July, 2001 comes Plaintiff, HENRY W. SPIELER, by and through his attorneys, the Law Office of Michael J. Hanft, and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Henry W. Spieler, who currently resides at 962 Myerstown Road, Gardners, Cumberland County, Pennsylvania 17324. 2. The Defendant is Beverly A. Spieler, who currently resides at 3231 Beverly Drive, Huntingtown, Calvert County, Maryland 20639. 3. The Plaintiff and Defendant are sui juris, and Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on December 27, 1995 in El Paso County, Colorado. 5. The mamage is irretrievably broken. The foregoing facts are averred and brought under Section 3301(c) of the Divorce Code of 1980, as amended. 6. The Plaintiffhas been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling. ~. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the Defendant. Respectfully submitted, LAW OFFICE OF MICHAEL J. IIANFT Michael J. Hanft, Es~ire " Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717)249-5373 „tom 07/12/2001 1x,:08 FA.X 709428aa89 MTPP-RR ~ ~ 005 Sent By,: MICHAEL J. Hf1fdFT, EsgUIRE; 7]7 2d9-0457; Jul-i2-o1 2:11 PM; Page 5/5 V,ER[irICA'1'YON The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the prepatatian of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to flee oxlent llurt the document is based upon information whiek I have given to my counsel, it is ttua and correct to the best of mylcnowtedge, information and belief Tv the extent that the content of the document is that of counsel, T have relied upon counsel in making this verification. This statement and verification are made subjeci to the penalties of 18 Pa. C.S. Section 4904 relating to unswvrn falsification to authorities, which prnvides that if T snake kuowutgly false averments, Z tray be subject to criminal penalties. W ' Tienry _ Spr er , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY W. SPIELER, Plaintiff CIVIL ACTION -LAW v. N0.2001-4246 CIVIL TERM BEVERLY A. SPIELER, IN DIVORCE Defendant ACCEPTANCE OF SERVICE I, Beverly A. Spieler, the Defendant in the above captioned matter hereby accept service of the Complaint filed in the above captioned matter. Beverly A. Sp' ler Dated: 7 _ /Z' O F:\GSer Folder\Firtn Docs\Gmdocs2001\1642-2acceptmce.eervice.wpd •: mm~ .... - .. t I '~, I - ~ - c; 0 ~ ~ : ;~ , , _ ,; ~ =.~- aQ s -~> ~. ~~s ~ <::-, _:.~.._.: rua4uareal"tseu~xy~a~+,3s~~?9'r~~r'~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY W. SPIELER, Plaintiff v. CIVIL ACTION -LAW N0.2001-4246 CIVIL TERM BEVERLY A. SPIELER, Defendant IN DIVORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievablybroken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. // 9 Date: G~ `. L 1 .-'©i / E J e pielex, aintiff Sworn to and subscribed before me this ~ /`fI'1 day of ©e~~ , 2001 ~~ Notary Public Notarial Seal Denise L. Nye, Notary Public South Middleton Twp., Cumberland County My Commission Expires Feb. 26, 2005 Member, Pennsylvania Association of Notaries F:\User Folder\Fims Docs\Gendoa2001\1642-2affidavitwnsencwpd ..r,,~rrsnux+~ 0 0 t~ N ;_ N 0 -s 3 ;~ - --r ~'~~- ~1. __.. `< <' ~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY W. SPIELER, Plaintiff v. CIVIL ACTION -LAW N0.2001-4246 CIVIL TERM BEVERLY A. SPIELER, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: , C/ ^ [ l -~Q F\OSer Folder\Firm DOCS\Gendocs2001\1642-2waiver.notice.wpd ~~ -r o.e -a 3 -=r ;'~°' r i. _ is ~ .. 'ti -s i:~ ~`~ 0 ~.~~6 ,_; .,. ~~=g.~~~+~~~~ _ ~~f ~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIP, HENRY W. SPIELER, Plaintiff v. CNIL ACTION -LAW NO. 2001-4246 CN1L TERM BEVERLY A. SPIELER, Defendant IN DNORCE AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. A Complaint in divorce under Section 3301(c) ofthe Divorce Code was filed on July 12, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subj ect to the penalties of 18 Pa. C. S., Section 4904 relating to unsworn falsification to authorities. Date: /D - /~~ D / Beverly A. S ie~ , De endanY~ t Sworn to and subscribed before me this 'f~/`l~~n,f,. day of , '~C~1~ , 2001. Not ary Publ~~ Notarial Seal South Middleton Twp, CoumbeAandt~COUnty My Commission Expires Feb. 28, 2005 Member, Pennsylvania Association of Notaries F:\User FOldei\Firtn DOCS\Gendocs2001Ufi42-2affidavit.consentwpd a fi N N 3 -; - -, ", ;~;`:- . ;~ - __; ~ ~s '. ~^~y... ~,azw: ~.,. ,_>,.~ .-~-.~evw.wu,.arn~wmaue~0!x~r,+icl~.._._, .. . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HENRY W. SPIELER, Plaintiff v. CIVIL ACTION -LAW N0.2001-4246 CIVIL TERM BEVERLY A. SPIELER, IN DIVORCE Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(Cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that Imay lose rights concerning alimony, division ofproperty, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately a8er it is filed with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unswom falsification to authorities. Date: /Q ~ /! -O / -FJ.~ ~. Beverly A. ieler, Defer dant F:\pser Polde\Firm DOCS\Gendoce2001\16J2-2waiver.notice.wpd .. y ~. ,-- - .~ o - ~. -r ~., . ,_ , ! :~ ~-.: .. -. -~ ~ ~~ :. N 3 .. ~fi a ~. ...-. 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