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HomeMy WebLinkAbout99-02875 sn. V a yy. ?J W V f •f w n' tt: ?_;? ?are, .,.rt rY RICHARD E. GIPE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET L. GIPE, Dofendant CIVIL ACTION - LAW NO. 99 - 2875 CIVIL TERM IN DIVORCE WAIVER OF IOT_ICE OF _ INTENTION TO REQLIEST_ ENTRY OF A DIVORCE DECREE UNDER SECTION 330'1 ACI OF THE DIVORCE CODE 1. I consent to the entry of a final decree.of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 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. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September [x,1999 RICHARD E. GIPE RICHARD E. GIPE, Plaintiff V. MARGARET L. GIPE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 - 2875 CIVIL TERM IN DIVORCE PLAINTIFFS AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about May 12, 1999 and served upon the defendant on or about May 14, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Septemberz'?J1999?.lCS'? RICHARD E. GIPE r, -?, %.i: -' '; '?: .r. i:?- c.> ?- , ;? ;i 7.•- i..? ?- ?.i? fa., . ?,'..I ?.1 ' v: r ,.. I i:.? U- t ?. cn U :.) i!', HAROLD S. IRWIN, III, ESOUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF RICHARD E. GIPE, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET L. GIPE, Defendant CIVIL ACTION - LAW NO. 99 - 2875 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE No- 1920.4 (3)(1)(i) state: NOW, Harold S. Irwin, III, being duly sworn according to law, does depose and 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on May 14, 1999, by certified mail "restricted delivery", addressed to her at Shippensburg Health Care Center, 121 Walnut Bottom Road, Shippensburg, PA 17257, certified mail return receipt No. Z 126 560 898. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsificatiorl to authorities. June 4, 1999 HAROLD S. IRWIN, III Attorney for plaintifL h SENDER' ecompele name t radar 2 for edoWw mvtose. ; ea I also wish to rooelve the crkgwS Itsms 3.41J6 OW el,. g$$ OHM o n6r[Ie Wd eddrwe on till nwne of We f0 m w M et we can return the Wowing services (for an 6 AasM 111, form to the hoN of the IMIPWN. I on the back It spas doss not te' aXIM fee): 1. ? Addreadea'a-Aditsa r{ 4 •WW AefumR"pt R9gUMW'0n the mellp4p below the arths member. 5 sThs Rot= Reeelpt we show to whom the anlds was dellvemot and the date 2.] ReaMded Dellvey ""red. Consult postmaster forfee, 3. Article Addressed to: 4a. Article Number MARGARET L. GYPE Z 126 560 81 SHIPPENSBURG HEALTH CARE 4b.Servlcetype CENTER ? Registered XXl CetuAed 121 WALNUT $OTTON RD 0 Express Mal O insured SHIPPENSBURG PA 17257 0 RetumRelXdptlorMardartdse ? COD 7. Date?il ?ry l ((( 5. Received By: FAInt Nam) 9. Jr '- eas (Only ff requosfad +i and fee Is paid) B to: (Add, eOrAgenf) X s 1994 102595.97-B-0179 PS Form 3500, March 1993 w D ? J _ D _ '? w V; i n y lit. v 9o z t O W v ?F fi. via zom N tp n) as ° m CCD W C ° =.5' a- H m tD mom in _' c O ?; m _ Y c? Y Z a o' 2 c a 1.3 Y 7" ?=? : [ ` y lf ' _ ?, .).. ? ? , . : C? ?': ? ':. ri .. ?,- W?? ". -r? V `? Ci. ''? }CL ?. ?... -? ?? v, U ) HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 2436090 ATTORNEY FOR PLAINTIFF RICHARD E. GIPS, V. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA MARGARET L. GIPE, Defendant CIVIL ACTION - LAW : NO. 99 - a1`75 CIVIL TERM : IN DIVORCE 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 in 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 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, Carlisle, Pennsylvania 17013. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 RICHARD E. GIPE, Plaintiff V. MARGARET L. GIPE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99 -,2875 CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(d) OF THE DIVORCE CODE NOW, comes the plaintiff, Richard E. Gipe, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, Margaret L. Gipe, representing as follows: 1. The plaintiff is Richard E. Gipe, an adult individual residing at 26 Harmon Road, Newburg, Cumberland County, Pennsylvania 17240. 2. The defendant is Margaret L. Gipe, an adult individual residing at Shippensburg Health Care Center, 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on August 16, 1963, in Mechanicsburg, Pennsylvania. 2 5. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a period of at least two years. The parties have lived separate and apart since at least 1993. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. I verify that the statements made in this complaint 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. May 11, 1999 E. GIPS, Plaintiff HAROLD S. IRWIN III Attorney for plaintiff, 35 East High Street Carlisle, Pennsylvania 17013 (717)243.6090 3 ?cwnree[u C. 171Yt, Plaintiff V. MARGARET L. GIPE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 99 - CIVIL TERM : IN DIVORCE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 33na(d) OF THE DIVORCE CODE 1. The parties to this action separated in 1993 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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. of 4904 relating to unsworn falsification to authorities. May 11, 1999 11 ?, f?1 RICHARD E. GIPE, Plaintiff a 1;,1 1 1 I ?^J M O 1a y . < 4 4-4 4J W !2 z a a W x w .- W ° E 41 ro C C W r ti n z [?•? ? P4 rd LW E ~ S H C7 tL V Q "?'? W 2 w ? g ? ° V O V 4 V W a m F y V ?¢ 9. .°q IE 4 U O ?? L] Q W a L t/]t t2 NN 04 E.z a a a R 1. W K k ¢ q o al a ., r:4 , ?a> O W? O1 U c? J? wui O'a ?H V 7 W C ° S w ? ?C ¢ O H V 2 zw ::0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA RICHARD L. GIPS, Plaintiff, CIVIL ACTION - LAW V. MARGARET L. GIPE, Defendant. NO. 99 - 2875 Civil Term IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf of the Defendant, Margaret L. Gipe. Dated: J) Jo ph . Ruane, Esquire MARK/ WEIGLE AND PERKINS 12 t King Street Shippensburg, PA 17257 717-532-7388 MARK, WE IGLC AND PCRKINS - AI IOHM YS AI LAW - Il6 CAST KING SIRCCT SRIPIV[' NSISURG. PA 17267 1397 !5 r 5 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD E. CIPE, Plaintiff, V. MARGARET L. GIPE, Defendant. CIVIL ACTION - LAW NO. 99-2875 Civil Term 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 judgement 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 grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary at Cumberland County Courthouse, Carlisle, PA 17013. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone number 717-249-3166 MANN. WEIGLE AND PLRkINS - ATIORNLYS Al LAW - 116 LAS! KING SJRIfE1 -- SHIPPLNSUURG. PA 17257 1397 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD E. GIPS, Plaintiff, V. MARGARET L. GIPS, Defendant. CIVIL ACTION - LAW NO. 99 - 2875 Civil Term IN DIVORCE, COUNTERCLAIM IN DIVORCE UNDER DIVORCE CODE Defendant above-named, plaintiff on the counterclaim, by her attorney, Joseph P. Ruane, Esquire, and Mark, Weigle and Perkins, files the following counterclaim and respectfully represents that: COUNT I - DIVORCE 1. Plaintiff on the counterclaim is Margaret L. Gipe, who currently resides at Shippensburg Health Care Center, 121 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania, since April 1999. 2. Defendant on the counterclaim is Richard E. Gipe, who currently resides at 26 Harmon Road, Newburg, Cumberland County, Pennsylvania, since 1974. 3. Plaintiff on the counterclaim and Defendant on the counterclaim have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this counterclaim. 4. Plaintiff on the counterclaim and defendant on the counterclaim were married on August 16, 1963, at Mechanicsburg, Cumberland County, Pennsylvania. 5. Plaintiff on the counterclaim avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken, and she is proceeding under § 3301 (c) or (d) of the Divorce Code. 6. There have been no prior actions for divorce or annulment between the parties, except the complaint filed in this instant matter.. 7. The marriage is irretrievably broken. 8. Plaintiff on the counterclaim 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 in counseling. MANN, W1116L[ AND PI"RHINS - Al IORNCV!, Al IAW - 126 1 : ALI MINI, S1NI 1':I SIVI9'LNSOIIR6, IIA 17T1.7139] 9. The parties may enter into a written agreement as to support, alimony and property division. If the parties do so enter into such agreement, the same may he incorporated in the decree and entered as an Order of this Court. WHEREFORE, plaintiff on the counterclaim requests your Honorable Court to enter a decree in divorce, divorcing plaintiff on the counterclaim and defendant on the counterclaim, and if the parties enter into an agreement, that the same be incorporated in the decree and entered as an Order to this Court. COUNT 11- EQUITABLE, DISTRIBUTION 10. The prior paragraphs of this complaint arc incorporated herein by reference thereto. 11. Plaintiff on the counterclaim and defendant on the counterclaim have legally and beneficially acquired property, both real and personal, during their marriage from August 16, 1963, until the date of their separation, in the spring of 1993, which property is "marital property". 12. Plaintiff on the counterclaim and defendant on the counterclaim may have owned prior to the marriage, property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff on the counterclaim and defendant on the counterclaim have been unable to agree as to an equitable division of said property to the date of the filing of this counterclaim and substantial portions of said property are in the exclusive control of defendant on the counterclaim. WHEREFORE, Plaintiff on the counterclaim requests the Court to equitably divide all marital property and enjoin plaintiff on the counterclaim and defendant on the counterclaim from the removal, disposition, alienation or encumbering of all real and personal property of the parties. COUNT III - ALIMONY 14. The prior paragraphs of this complaint are incorporated herein by reference thereto. 15. Plaintiff on the counterclaim lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. MANN, W11611L ANTI 14 RKINti - Al 1 bIRNI VS Al IAW 1:G IA`I KING Sl 1411.1 bI O'll WBUP1,, VA 1 7.1-57 1 397 16. Plaintiff on the counterclaim requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 17. Defendant on the counterclaim has substantial assets. WHEREFORE, Plaintiff on the counterclaim requests the Court to enter an award of alimony on her behalf. COUNT IV - ALIMONY PF,NDENTE LITE 18. The prior paragraphs of this complaint are incorporated herein by reference thereto. WHEREFORE, Plaintiff on the counterclaim requests the Court to enter an award of alimony pendente lite on her behalf. COUNT V - ATTORNEY'S FEES, COSTS AND EXPENSES 19. The prior paragraphs of this complaint are incorporated herein by reference thereto. 20. Plaintiff on the counterclaim has employed Joseph P. Roane, Esquire, as counsel but is unable to pay the necessary and reasonable attorney's fees for said counsel. WHEREFORE, Plaintiff on the counterclaim requests your Honorable Court to enter an award of temporary counsel fees, costs and expenses and such additional sums as they may become necessary from time to time hereafter until final hearing, and thereupon at final hearing, award such additional counsel fees, costs, and expenses as are deemed appropriate. MARK, WEIGLE AND PERKINS By: ireme P. Roane, Esquire y plaintiff on the counterclaim .D. . No. 71577 Court I 126 East King Street Shippensburg,PA 17257 717-532-7388 i i MARK, WEIGI.r AND PERKINS - ATTORNEYS Al LAW 1l6 1:AS1 KING 6IRLr1 - SRU'PLUSBUNG. PA 17257-I3D>' VERIFICATION I verify that the statements made in the foregoing Counterclaim in Divorce Under Divorce Code 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. Margaret L. Gipe Dated: / ?? f 9 9 MANN, WEI6LF AND PI:RNINS.. AIIOWNLVS Al LAW I.`, I: ASI KiNO SIRII.T '4HIPPf_NSIfUIiCi, PA 1115)-139) N cl VJ N C7 T)l.7 r EI•._ ° J ; 11') 6 C7% a% U C? m 00 O In 00 IS) z Z F N Z? r Q G ^ vi z C ? w; a cy 7?y' zC wO6rmn °y ye x A-? ? N F ? r Ye+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD E. GIPE, Plaintiff, V. MARGARET L. GIPE, Defendant. CIVIL ACTION - LAW NO. 99 - 2875 Civil Term IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. Heather Carey, being duly sworn according to law, deposes and says that on September 22, 1999 she served true and attested copies of Counterclaim in Divorce under Divorce Code and Notice to Defend and Claim Rights upon the Plaintiff's legal counsel of record, Harold S. Irwin, III, Esquire, by mailing the same postage paid, certified mail, addressee only, and return receipt requested, at Shippensburg, Pennsylvania, addressed as follows: Harold S. Irwin, III, Esquire 35 East High Street Carlisle, PA 17013 Sworn to and subscribed before me this 6a' day of October, 1999. Notary Public 604 R td fiat»*t?ulbs/NMCanh Heather Carey POW, 4n" MARK, WLIGLL AND PLRKINS - ATTORNEYS Al LAW 1:6 EAST KING SIRULT - SIUM>ENSDUtlG, PA 1]2571}9l I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD E. GIPE, Plaintiff, v. MARGARET L. GIPE, Defendant. t CIVIL ACTION - LAW NO. 99 - 2875 Civil Term IN DIVORCE Is •ComplW name 1 moor 2lor adptbnd aarNae. - I alsd wish to receive the a .Comdata Items 3.4s, and 4b. • Pdm your name and address on the reverse of this form so that we can return Into foliowing services (for an extra fee): card to yyoo. •Aaach Ihleuknn to the from of the mdldea, or on the back If epees dose not 1, ? Addressee's Address (b e ppeerndt. • Wdte'Return ReoWpt Requosted'on the mellplece below the article number. 2. 13 Restricted Delivery •The Return Receipt will mow to wham the wide was delivered and the date delivered. Consult postmaster fog fee. c 0 3. Article Addressed to: 4a. Article Number I TYW?h, ill ?uirc Hardid S. 2. 3-6 lqc) qSq E 4b. Service Type ECLSt Ni9L. si./-e7°t ? Registered J9 Certified US. '(i,5 If 1 1'-7J 1? ? Express Mail ? Insured n ? RetumRecalptforMerchandse ? COD ' 7. Date of De 1 'Y 4? 2 3 5. Received By: (Priot Name) S. Addressee's Address (Only if requested and fee Is paid) r - r, s. slgnatu des ?eo era r )Q //, i`Y PPs Form 3811, December 1994 PS Fnnrl 3800_ Anril 1995 102595-97-B-0178 w 2' N 8 rq o Q - ? ? S yt G <^ ? ? ? b S I ?. OS L m N o my m n r L fe In o p N W -5905 a 3m y? R `? m t? Uri av ,? a MANIC, WI Will-, AND PERK INS - AT IO14NI Y. Al LAW - 1.'6 1 ASI hIN(, •,1 NI rl - SIII111: W4 1.6, PA 1)2',71397 ... ? ..