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HomeMy WebLinkAbout03-3178IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MISHA J. SPERAW, : PLAINTIFF, : _. V. : DAVID N. SPERAW, : DEFENDANT, : Civil Action---Divorce Docket No. ~- ~t~ NOTICE TO DEFEND AND CLAIM OF 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. 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 17101 (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MISHA J. SPERAW, PLAINTIFF, DAVID N. SPERAW, DEFENDANT, Civil Action---Divorce Docket No. AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA S]DO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas cn las paginas siguientes, debe tomare accion con prontitud. Se le avisa quc si no sc defiende, el caso puede proceder sin usted y decreto de divorcio o anulamincnto puede set cmitido en su contra por la Corte. Una decision puede tambien set emitida cn su contra pot cualquier otra queja o compensacion rcclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para ustcd. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista dc consejeros matrimoniales esta disponible en la officina del Prothonotary, en la Cumberland County Bar Association, 2 Liberty Avenue, Carlisle, Pennsylvania 17101. SI USTED NO RECLAMA PENSION ALIMENTICIA. PROPIEDAD MARITAL. HONORARIOS DEABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULIAMIENTO SEA EMITIDO. USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS.USTED DEBELLEVAR ESTE PAPELA UN ABOGADO DE INMEDIATO SI NO TIENEPUEDEPAGAR UN ABOGADO. VAYA O LLAME A LOFFICINAINDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASIS TENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a)(6) .......Indignities 23 Pa.C.S. & 3301(c) ..........Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d) ..........Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. GREGORY S, HA ZI,ETT, ESQUIRE ATTORNEY & COUNSELOR AT LAW 20 South Market Street Mechanicsburg, Pennsylvania 17055 (717) 790-5500 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MISHA J. SPERAW, PLAINTIFF, DAVID N. SPERAW, DEFENDANT, Civil Action---Divorce Docket No. /3q~ ~'~/7~' COMPLAINT UNDER SECTION 3301(C~ OR 3301(D} OF THE DIVORCE CODE PARTIES 1. Plaintiff is Misha J. Speraw, an adult individual, sui juris an who currently resides 33 East Locust Street, Mechanicsburg, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is David N. Speraw, an adult individual, sui juris, who currently resides at 1147 South Mountain Road, Dillsburg, 17019 in the County of York, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 3rd day of January, of 1997, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since February of 2003. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that thc plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 11. The parties do have 2 biological children born within the marriage. 12. The parties have not heretofore entered into any written agreement as to support, Alimony, or property division. COUNT I GROUNDS FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (C) OF THE DIVORCE CODE. 13. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing and service of this Complaint, plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301 (c) of the Divome Code. Mechanicsburg, Pennsylvania 17055 (717) 790-5500 VERIFICATION I verify that upon personal knowledge or information and belief that the statements made in this Complaint are tree 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. ~~ f~ _¢ Plaifltiff / // Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MISHA J. SPERAW, : Plaintiff, : DAVID N. SPERAW., : Defendant : No. 03-3178 Civil Action - Divorce AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on March 27, 2003 and served upon defendant by way of his attorney, Christopher Keller, on July 10, 2003 by way of an Acceptance of Service. (Attached hereto). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony., division of property, lawyers 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. Date: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MISHA J. SPERAW, : Plaintiff.' DAVID N. SPERAW, Defendant No. 03-3178 : Civil Action - Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DVORCE DECREE UNDER § 3301[C] OF Tl-~r 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 of property, 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 thc penalties of 18 Pa.C.S. Section 49~34 relating to unsworn falsification to authorities. Date: Mis~a J. Sperm, Pl~tiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MISHA J. SPERAW, : PLA/NTIFF, V. DAVID N. SPERAw, DEFENDANT, Civil Action---Divorce Docket No. 03-3178 _AFFIDAVIT OF CONSENT. ~lrjA complaint in divorce under Section 3301(c) of the Divorc 3 , 2003 and ..... ,~^_.~ ...... e Code was fined on Jul served ~,[,,,,, u~auant s attome tzhri . Y an Acceptance of Service on Julv 16th '>rm~ ~A'fn_,__~°ph~r,Keller' Esqmre by way of 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have Elapsed from the date of service of the divorce Complaint. 3. I consent to the entry of a final decree of divorce. 4. I understand that I may lose rights concerning alimony, division of property, lawyers Fees or expenses ifI 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. Cons. Stat. S 4904 relating to unsworn falsification to authorities. David N. SperXa~/Defenda'- - - ~i- IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MISHA J. SPERAW, PLAINTIFF, DAVID N. SPERAW, DEFENDANT, Civil Action---Divorce Docket Nc.. 03-3178 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DVORCE DECREE UNDER § 3301[C] OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce withottt 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. 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 tree 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: '~David N. Speraw, l~efendant IN THE COURT OF COMMON PLEAS OF CU/VIBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MISHA J. SPERAW, : Plaintiff, : DAVID N. SPERAW, : Defendant : No. 03-3178 Civil Action - Divorce ACCEPTANCE OF SERVICE I Christopher Keller, Esquire accept service of the Complaint in Divorce, Notice to Defend and Notice of Availability of Counseling in the above-captioned matter on behalf of David N. Speraw, Defendant in the above captioned matter. I acknowledge that I am the Defendant's attorney in said matter and I am authorized to accept on behalf of the Defendant. Christopher Keller, ~ ~ '~ Mailing Address IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA MISHA J. SPERAW, : PLAINTIFF, : VS. : DAVID N. SPERAW, : DEFENDANT, : Civil Action---Divorce Docket No: 2003-3178 PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Please Transmit the record, together with the following info~mation, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(C) of the Divorce Code. 2. The complaint in Divorce was filed on the 3~ day of July, 2003 served by Acceptance of Service dated July 16, 2003. (Attached hereto) 3 The plaintiff, signed her Affidavit of Consent and Waiver of'Notice of Entry of a Divorce Decree on the 3rd day of August 2004 which is attached hereto. 4. The plaintiff served her affidavit of consent, and Waiver of Notice of Intent to request Divorce Decree on defendant on the 30th day of June 2003 and the same was signed the 4th day of July 2004. 5. There are no related claims pending as between the parties hereto and listed herein to the extent that all marital issues have been settled. 6. The defendant signed a Waiver of Notice of Intention to Request Entry of Divorce Decree on the 4th day of July 2004 pursuant to Rule 1920.72 a copy of which is attached hereto. Date: j 7/West Main ~:reet TM ~ Mechanicsburg, PA. 17055 717-790-5500 Atty. I.D. 69528 IN THE COURT OF COMMON PLEAS MISHA J. SPERAW, PLAINTIFF VERSUS DAVID N. SPERAW, DEFENDANT Of CUMBERLAND COUNTY STATE OF ~~ PENNA. 2003-3178 NO. DECREE 1N DIVORCE AND NOW,~ DECreed THAT DAVID N. SPERAW AND 2004 , IT IS ORDERED AND , PLAINTIFF, , 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;