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HomeMy WebLinkAbout99-07635 (2) 1 .a M1r' rls ett r? 3 u Y'w y. tr r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ' PENNA. j'? TMs,. t Plaitiff VERSUS Sherry L. Rodriguez, Defendant No. 1999-7635 DECREE IN DIVORCE AND NOW, X2 i7t 17 1 j -O , LQZ l IT IS ORDERED AND DECREED THAT John A. Rodriquez PLAINTIFF, AND Sherry L. Rodriguez ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISEDOF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY THE COU T J. .? r ( PROTHONOTARY ?y 4ow JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted personal service of the Complaint on December 24, 1999. 3. Complete either paragraph (a) or (b) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: By Plaintiff, January 20, 2004 By Defendant: December 19, 2003 (b)(1) Date of execution of the affidavit required by §3301(d) fo the Divorce Code:_ ; (b)(2) Date of filing and service of the plaintiff's affidavit upon respondent: 4. Related claims pending: There are no related claims pending. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: January 20, 2004. Date defendant's Waiver of Notice was filed with the Prothonotary: December 19, 2003. Date: °Y Zhristopher cller, Esqui Supreme Court ID# 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 I JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant and Carol J. Lindsay, Esquire, believed to still be counsel of record for Defendant in the above-captioned matter, with a true and correct copy of the foregoing Praecipe on the date and in the manner indicated below: UNITED STATES MAIL. POSTAGE PREPAID Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Date: / Dy Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 zxdzb"1' Christopher) eller, Esquire Supreme Court ID 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 ?/ t7 _ l.7 ??? r'? :.11 : ". P.I ` L l_: ...1??1 i..'?. -? 1!_ i-> _ S_i `? CJ JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Decree: Transmit the record, together with the following information, to the Court for entry of a Divorce Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted personal service of the Complaint on December 24, 1999. 3. Complete either paragraph (a) or (b) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: By Plaintiff: December 18, 2003 By Defendant: December 19, 2003 (b)(1) Date of execution of the affidavit required by §3301(d) to the Divorce Code:-.; (b)(2) Date of filing and service of the plaintiffs affidavit upon respondent: 4. Related claims pending: There are no related claims pending. Complete either (a) or (b). attached: (a) Date and manner of service of the notice of intention to file praecipe, a copy of which is (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: December 19, 2003. Date defendant's Waiver of Notice was filed with the Prothonotary: December 19, 2003. Date: Z Z/4 Christopher J. KL41er, Esquire Supreme Court ID# 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant in the above-captioned matter and Carol J. Lindsay, Esquire, believed to still be counsel of record for Defendant, with a true and correct copy of the foregoing Praecipe on the date and in the manner indicated below: UNITED STATES FIRST CLASS MAIL. POSTAGE PREPAID Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Date: January 14, 2004 Christopher J eller, Esquire Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 /(ry? ..? k I r f???' 1 ?,1? ? ,?. ?? r J '?lU _? _. y 1- r t-' U {? 4? ?+] ti JOHN A. RODRIGUEZ, Petitioner/Plaintiff V. SHERRY L. RODRIGUEZ Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, John A. Rodriguez, in the above-captioned matter. - Charles Recta, quire Date: PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Plaintiff, John A. Rodriguez, in the above-captioned matter. oy Date: RESPECTFULLY SUBMITTED, Christopher J. f??II er, Esquire 101 S. Market Street Mechanicsburg, PA 17055 (717) 790-5451 JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE 1, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant in the above-captioned matter and Carol J. Lindsay, Esquire, believed to still be counsel of record for Defendant and Plaintiff's former counsel Charles Rector, Esquire, with a true and correct copy of the foregoing Praecipe Entering and Withdrawing appearance on the date and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE, PREPAID Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Carol J, Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Date: January 14, 2004 Charles Rector, Esquire 1104 Femwood Avenue, Suite 203 Camp Hill, PA 17011-6912 i Christopher J. Kofer, Esquire Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 -_ CJ JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PF_NNSYLVANIA V. NO. 1999-7635 CIVIL. TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE PROTHONOTARY: Please withdraw Plaintiffs request and count for Equitable Distribution of Marital Properly in the above-captioned miller. Dated: Im A. Rodriguez, pro se Earl Strecl Boiling Springs, PA 17007 (717)241-9157 JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant in the above-captioned matter, with a true and correct copy of the foregoing Praecipe on the dale and in the manner indicated below: HAND DELIVERY Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Date: -7 /oliinA. Rodriguez, pro se Earl Street Boiling Springs, PA 17007 (717)241-9157 -7?1 S7 U n. u fj_ N diu C-1 _G l j IL ra ° J N J JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE ji_i PROTHONOTARY: Please withdraw Plaintiff's request and count for Equitable Distribution of Marital Property in the above-captioned matter. Dated: ?y Christopher J. eller, Esquire Supreme Court ID 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790.5451 JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant and Carol J. Lindsay, Esquire, believed to still be counsel of record for Defendant in the above-captioned matter, with a true and correct copy of the foregoing Praecipe on the date and in the manner indicated below: UNITED STATES MAIL, POSTAGE PREPAID Jacqueline M. Verney, Esquire Carol J. Lindsay, Esquire 44 S. Hanover Street 26 West High Street Carlisle, PA 17013 Carlisle, PA 17013 Date: Christopher J. K 1ler, Esquire Supreme Court ID 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 C G. T I1. r7 ?f J I. JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION- LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 22, 1999 and defendant accepted service of said complaint on December 24, 1999, to which an executed Acceptance of Service was filed with the Prothonotary on Dectm6e, /Q 2un3 2. The maniage of the Plaintiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. 1 consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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 unswom falsification to authorities. Date: o y dA ohn A. Rodriguez ??? ??? ?,, ;? JJ 1__ • ?? ? - \1 !__?Y, :? n i ?: :?: ! _ :__ ;i. ? ?j . . ?u_ '7 • 1 CJ ? c-: JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant : IN THE COURT OF COMMON : CUMBERLAND COUNTY, PEI\ : NO. 1999-7635 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification of authorities. Date: VO ?Y 4vjL 14, 0 ohn A. Rodriguez =?L!J . 1 c-, J ?? Ci t :"0, JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 1999-7635 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry ofa divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301 (e), 31tri-N i) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptance of Service. made on December 24. 1999. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c ) of the Divorce Code: by plaintiff December 18.2003; by defendant December 19. 2003. (b) (1) Date of execution of the affidavit required by sec. 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the defendant 4. Related claims pending: None 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to File Praecipe to transmit record, a copy of which is attached u Date plaintiffs Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: December 19.2003. Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: December 19. 2003. l 19/6 3 tto ey for Defendant Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 C-3 u m N k. _ JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA It Lr V. NO, qQ - 7%,.35 C, C.) SHERRY L. RODRIGUEZ CIVIL ACTION - LAW Defendant 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 of divorce or annulment may be entered against you by the court. Ajudgment 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 of other rights important to you, including the 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 Office of the Prothonotary. 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 717-249.3166 JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 9 9- 76 .j5'C`tw P r!" SHERRY L. RODRIGUEZ : CIVIL ACTION - LAW Defendant : IN DIVORCE AND NOW comes the Plaintiff, John A. Rodriguez, by and through his attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is John A. Rodriguez (SS# 207-58-4682), an adult individual, currently residing at 1299 Willams Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Sherry L. Rodriguez. (SS# 208-58-9169), an adult individual, currently residing at 704 Forge Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on May 4, 1985, in Dauphin County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I - Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part thereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. In the alternative, Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render his condition intolerable and her life burdensome. 10. Plaintiff has been advised that counseling is available and that 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 divorce decree dissolving the marriage between Plaintiff and Defendant. Count II - Equitable Distribution 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as if set forth at length. 12. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. RESPECTFULLY Date: /1 .01 if 22 Charles Rector, uire 1104 Fernwood Ave hue, Ste. 203 Camp Hill, PA 17011 (717) 761-8101 I verify that the statements made herein 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. f-f o r_ ???yg John A. Rodgriquez Date: /2 `?`? ' JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs : CIVIL ACTION • LAW NO. 1999-7635 CIVILTERM SHERRY L. RODRIGUEZ, : Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of defendant J/LL12 ?I C??L??I`La/ Date: la ?y 9 J `Defendant J i `7 /)n ?re?u 06"i (!c;J,-I?, pia lw13 - Address i ?? =- _r _ ?- i-= u ?.:i CV i ._. L r? ?7)? y r? n: m ;:J _ u.?c_ -- i L .LI .J ?,J liiii U, ^? o ':. -`-'? ?, v ?' ??°r;? JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION- LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 22, 1999 and defendant accepted service of said complaint on December 24, 1999, to which an executed Acceptance of Service was filed with the Prothonotary on t) s c /I avo 3 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary s Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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 unswom falsification to authorities. Date: Ig/ 1 _TL /- hn A. Rodriguez F _t 4 r) r CD O o av CJ JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant : IN THF. COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-7635 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE WAIVFR OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification of authorities. Date: 4A.Rodri-guez Q 14 o ,? ?? L ,, l:? _ ie. ?,-: _ ???-.f ?z, ? - T?1;1 f,l WL. _? _illJ I "j . ??L '.l 1' ? J ?.i o j `=' U cv JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 1999-7635 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December 22, 1999. 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. 1 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 unswom falsification to authorities. i . Date: erry L. Ro ipezz, D fendadj) } ii LU o ? v , it JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 1999-7635 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904 relating to unswom falsification to authorities. Date: /J - / % O 3 S*rry L. Rp riguez,' efendant l ?r 1 I/ :n n N ?j IL ' =- N JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION -LAW :NO. 1999-7635 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Defendant in the above matter, hereby intends to resume and hereafter use the previous name of Sherry Lynne Sherk and gives this written notice avowing her intention in accordance with applicable law. f tLLl?. ` l .itn 2 Sherry L. odriguez To be known as: Sherry Lynne Sh rk COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On the 1- day of b0ttkKC , 2003, before me, a notary public, personally appeared Sherry Lynne Sherk (formerly known as Sherry L. Rodriguez), known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set hand and seal. a cL? . (40 Public' NOTARW.SyE?AIyyP? VL9M co FBdo d?mDwtmd leyt?onerdt+mL?Yesoa.0` at:, ?:tii4wrsr. ? '`wr Qtt r' S??xY? " s b ?, 16 JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7635 CIVIL TERM SHERRY L. RODRIGUEZ : CIVIL ACTION - LAW Respondent/Defendant : IN DIVORCE AND NOW, this Z- dayof 7zS7u2j I , 2000, upon consideration of the within Emergency Petition for Special Relief as to the Sale of the Marital Residence to Prevent Foreclosure and Interim Disposition of Personal Property, a hearing on this matter is scheduled for the day of, 2000, at ?: 3d o'clock, in Courtroom #/ of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: Ob /,2oov R1/0 / -27"00 Oe X 12, ;41! s: n! JOHN A. RODRIGUEZ, Petitioner/Plaintiff V. SHERRY L. RODRIGUEZ Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE EMERGENCY PETITION FOR SP ECI AL, RELIEF AS TO THE SALE OF MARITAL RESID FN CE TO PREVEN T FORECLOSURE AN D INTE RIM DIS POS ITION OF PF.RSO NAL,PR OP ERT Y AND NOW, conies the Petitioner, John A. Rodriguez, by and through his attorney, Charles Rector, Esquire, and files the following Emergency Petition for Special Relief: Petitioner is John A. Rodriguez, the Plaintiff in the above-captioned divorce action. 2. Respondent is Sherry L. Rodriguez, the Defendant in the above-captioned divorce action. 3. Petitioner and Respondent were married on May 4, 1985, in Dauphin County. Daring the marriage, Petitioner and Respondent acquired a residence at 704 Forge Road, Carlisle, Cumberland County, Pennsylvania, together with various items of personal property that are presently located in that residence. 4. Petitioner and Respondent have been separated since March of 1999. 5. Since separation, Respondent has occupied and had exclusive possession of the marital residence. G. Respondent, who has the financial ability to pay, has stopped paying the mortgage on the residence. As a result, the mortgage is in default and may be subject to foreclosure, which would cause a dissipation of marital assets. 8. The marital residence is a significant marital asset of the parties and, in order to protect the marital estate, the marital residence must be sold before foreclosure occurs. 9. The marital residence should be listed for sale immediately, with the parties cooperating to accomplish the sale. 10. The net proceeds of the sale should be placed in escrow pending the final equitable distribution of the assets. 11. Until such time as the marital residence is sold, Respondent, who has the financial ability to do so, should be ordered to pay the monthly mortgage and expenses with respect to said property. 12. There are various items of personal property located in the marital residence which should be divided between the parties on an interim basis without prejudice to their respective claims in the final equitable distribution of the assets. 13. Pending the interim distribution of personal property in the marital residence, Petitioner requests that Respondent be enjoined from removing any item of personal property from the residence. WHEREFORE, Petitioner requests that this Court enter an Order granting the Emergency Petition forSpecial Relief as to the Sale of Marital Residence to Prevent Foreclosure and Interim Disposition of Personal Properly. RESPECTFULLY SUBMITTED, Charles Rectork Esquire 1 104 Femwood Avenue, Ste. 203 Camp Bill, PA 17011-6912 (717) 761-8101 I F 4J Date: I verify that the statements made herein 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. ? OG Jahn A. Rodriguez Date: / r 6U ?yi I: i ??• n ?. v r, L c- f .cam vj,,, (V I.C to 's: C?1 CL ' C:D U. .. - - ?. ql? W WNrlN iL E In rl ?;% Z;j U r O Q Z V T a 1. . LL LLL . ? \ (' C.J J of w U 0 o n C%j IL g?3?a p ZR W L .: L JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7635 CIVIL TERM SHERRY L. RODRIGUEZ CIVIL ACTION - LAW Defendant IN DIVORCE AND NOW, this t7 ay of W74 2`? upon consideration of the within Stipulation, the terms there within are hereby made an Order of Court. By the Court: S-67-00 ??g ' 415 •• C? S- 77 a_ OC rel. - '.l LI_ _ G c? !' O i CU JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE eTIP tr ATION OF THE PARTIES The parties hereto stipulate as follows: 1. They are husband and wife having been joined in marriage on May 4, 1985. 2. John A. Rodriguez, hereinafter Husband, has filed a complaint for Divorce and the parties are in the process of dividing their personal property. 3. Commencing from at least April 6. 2000, the parties will neither sell, alienate, dissipate or otherwise dispose of any marital property. Furthermore, the parties will safeguard any marital property in their possession and make it promptly available for an appraisal at the request of either party. 4. The parties intend the terms of this Stipulation to be entered as an Order of Court. itn ss Sherry L. Rodr(gueZj Y Wi ss ohn A. Rodriguez III . Li cc_-.) (-? U m W N0 Q„' ?1^N O U) R U W z}C W O aZLL; LL I). 0U °w? oa o 0 Q?3?W Jy?_? W wa.? LL tai E S U _t JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHERRY L. RODRIGUEZ: Defendant NO. 99-7635 CIVIL TERM ORDER OF COURT AND NOW, this I" day of February, 2000, the hearing previously scheduled before the undersigned judge for April 5, 2000, at 9:30 a.m., will now be heard before the Honorable Edward E. Guido, in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, The Honorable Edward E. Guido ter{%?o,-- J -I -rn ?-Ci Charles Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Plaintiff Carol J. Lindsay, Esq. 11 East High Street Carlisle, PA 17013 Attorney for Defendant Court Administrator -/ Ila•ei?lJ(,; :rc ,?-3-0O Rt8 +t} :-1 11 .! I -' !. ?n ?? FROM : Charles Rector, Esq. PHONE NO. : 717+761+2161 Rpr. e14 2000 03:48PM PL Law Offices of Tammy S. Faust Paralegal April 4, 2000 Honorable Edward Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Rodriguez v. Rodriguez No. 99-7635 Civil Term Dear Judge Guido: (717) 761-8101 Fax (717) 761-2161 Via Fax 240-6462 I confirm by this letter that I represent the interests of John Rodriguez in the above-referenced matter on a Petition for Special Relief scheduled for a hearing on Wednesday, April 5, 2000, at 10:15 a.m. Carol Lindsay, Esquire, represents Mrs. Rodriguez. Attorney Lindsay and I have resolved this matterwithout the necessity of a hearing. The hearing in this matter may therefore be cancelled. Very truly yours, Charles Rector CR/tsf Charles Rector, Esquire, P.C. 1104 Fernwood Avenue, Ste. 203 Camp Hill,PA 17011-6912 e-mail - CRectorE3q®a0l.o0m cc: Carol Lindsay. Esquire (via fax 243-6510) oz Ik cl- JOHN A. RODR.IGUEZ, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. SHERRY L. RODRIGUEZ: Defendant CIVIL ACTION-LAW NO. 99-7635 CIVIL TERM ORDER OF COURT AND NOW, this Is` day of February, 2000, the hearing previously scheduled before the undersigned judge for-Apri15, 2000, aY9:30 a;m:?,, .ill now be heard before the Honorable Edward E. Guido, in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. e Honorable Edward E. Guido Charles Rector, Esq. 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Plaintiff Carol J. Lindsay, Esq. 11 East High Street Carlisle, PA 17013 Attorney for Defendant Court Administrator :rc BY THE COURT, JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7635 CIVIL TERM SHERRY L. RODRIGUEZ CIVIL ACTION -LAW Respondent/Defendant : IN DIVORCE ORDER AND NOW, this LS day of Tz?2000, upon consideration of the within Emergency Petition for Special Relief as to the Sale of the Marital Residence to Prevent Foreclosure and Interim Disposition of Personal Property, a hearing on this matter is scheduled for the day of 0.44_c_ 2000, at 1; d o'clock, in Courtroom #_L of the Cumberland County Courthouse, Carlisle, Pennsylvania. I r` y 1 By the Court: r , .?? ?, ?a;i,, t'Ia1.'?i ??}1 ?.; ..., ,I)' J JOHN A. RODRIGUEZ, Petitioner/Plaintiff V. SHERRY L. RODRIGUEZ Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE F_ALFRUFArCYPETITION FOR SPECIAL RFLI FASTOTI/E SALE OF MARITAL RESIDENCF TO PR V NT FOREC/ OSURE AND INTERIM DISPOSITION 0 PERSONAL PROPERTY AND NOW, comes the Petitioner, John A. Rodriguez, by and through his attorney, Charles Rector, Esquire, and files the following Emergency Petition for Special Relief: I. Petitioner is John A. Rodriguez, the Plaintiff in the above-captioned divorce action. 2. Respondent is Sherry L. Rodriguez, the Defendant in the above-captioned divorce action. 3. Petitioner and Respondent were married on May 4, 1985, in Dauphin County. During the marriage, Petitioner and Respondent acquired a residence at 704 Forge Road, Carlisle, Cumberland County, Pennsylvania, together with various items of personal property that are presently located in that residence. 4. Petitioner and Respondent have been separated since March of 1999. 5. Since separation, Respondent has occupied and had exclusive possession of the marital residence. _ : ". U?.:..,. 6. Respondent, who has the financial ability to pay, has stopped paying the mortgage on the residence. 7. As a result, the mortgage is in defn;lt and may be subject to foreclosure, which would cause a dissipation of marital assets. S. The marital residence is it signitic;utt marital asset of the parties and, in order to protect the marital estate, the marital residence must be sold before foreclosure occurs. 9. The nnurilal residence should be listed I'or sale immediately, with the parties cooperating to accomplish the sale, 10. The net proceeds ol'Ihe sole should be placed in escrow pending the final equitable distribution of the assets. 1 1. Until melt tine its the mariml residence is sold, Respondent, who has the financial ability to do so, should he ordered to pay the monthly mortgage and expenses with respect to said property. 12. 'there are various items ol'personal properly located in the rnarital residence which should be divided between the parries on an interim basis without prejudice to their respective claims in the final egaitablC dislrihulion of the assets. 13• fending the interim distribution ofpcrsonal property in the marital residence, Petitioner requests that Respondent be enjoined from removing any item of personal property from the residence. WHEREFORE, Petitioner requests that this Court enter an Order granting the Emergency Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure and Interim Disposition of Personal Property. RESPECTFULLY SUBMITTED` Charles RectbrUsgwre 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-3101 Date: -41 m JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHERRY L. RODRIGUEZ, Defendant NO. 99-7635 CIVIL TERM ORDEROFCOURT AND NOW, this 9°i day of January, 2004, upon consideration of Defendant's praecipe to transmit record, and it appearing that Plaintiff's affidavit of consent and waiver of notice of intention to request entry of a divorce decree are dated December 18, 2004, and that a certificate of service of a Praccipe dated December 29, 2003, purporting to be by "Christopher J. Keller, Esq.," has been signed by Plaintiff, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit record. ?Jacqueline M. Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 v,lfharles A. Rector, Esq. 1104 Femwood Avenue e Suite 203 Camp Hill, PA 17011 .116arol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 A q C?- 01 Oq a BY THE COURT, _ __ _._. ? ?:_ IL?4?' L4 ? ? J• 11? f ?'???..-;. .. ii ih 111:. '?? .. 7 • G' ../? ?? 1 ? 7 n1) '?1?•• ? ?.? J . v I'?i '? •Ja .. ,.'? John A. Rodriguez 4 Earl Street Boiling Springs, PA 17007 :rc I t , I V ?: . a ? 4 ~ a0 ' y ~v'? 0 • i , } j %nin 1 0 •- i LA ? ti 1 i axa. ? I y?¢ ? I W?? ! 1 , I i i 1 I a? w '? .. E,2 C) m CL == N cr U) co m vU I , 41 ' ? i A !L J N ,T U ? U LL • ? g r, w r d > ? z V = ? f v i J ! I r 1 w o I ! UI as J LL N J ? LL ? 5 ? o G' a e i _1 . U) cr „ in w a)o w< o? cn Q D- m o Y p? N L N 0c 0 (a yU>L < L) L O U i r r i I 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ?4t John A. Rodriguez N 1999-7635 Plaintiff VERSUS Sherrv L Rodrieuez _ Defendant DECREE IN DIVORCE AND NOW, DECREED THAT John A. Rodriguez AND Sherry L. Rodriguez ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT IS ORDERED AND , PLAINTIFF, DEFENDANT, 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; None. BY THE COURT: ATTEST: i. PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. John A. Rodriguez, Plaintiff VERSUS Sherry L Rodriquez, Defendant No. 1999-7635 DECREE IN DIVORCE AND NOW,. , IT IS ORDERED AND DECREED THAT John A Rodriguez ,PLAINTIFF, AND Sherry L Rodriguez 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; BY THE COURT: ATTEST: J. PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY hPENNA. STATE OF Y 21? John A. Rodriguez Plaintiff N O. IQQQ-7615 VERSUS Sherry L. Rodriguez Defendant DECREE IN DIVORCE AND NOW. DECREED THAT AND John A. Rodriguez IT IS ORDERED AND , PLAINTIFF, Sherry L. Rodriguez ,DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OFTHE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; None BY THE COURT: ATTEST: J. PROTHONOTARY i JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7635 CIVIL TERM ORDER OF COURT AND NOW, this 15°i day of January, 2004, upon consideration of Plaintiff's second praecipe to transmit record, and it appearing that Plaintiff's affidavit of consent and waiver of notice of intention to request entry of a divorce decree are still dated December 18, 2004, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit record. BY THE COURT, /Christopher J. Keller, Esq. 101 South Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff (/Jacqueline M. Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 /Charles A. Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp 1-fill, PA 17011 esley lZe r., J. ? ar%C, ?.J6CT _?_?.- _. _ ,.., ? ?: 4 r __ - ..::. '^ Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 :rc 'S ?? ? JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. QQ ?6v ??, ?-J SHERRY L. RODRIGUEZ CIVIL ACTION -LAW 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 of other rights important to you, including the 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 Office of the Prothonotary. 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 717-249-3166 JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 9 9- `76 Y 5 L T-^- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN nIVORC AND NOW comes the Plaintiff, John A. Rodriguez, by and through his attorney, Charles Rector, Esquire, and respectfully represents as follows: 1. Plaintiff is John A. Rodriguez (SS# 207-58-4682), an adult individual, currently residing at 1299 Willams Grove Road, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 2. Defendant is Sherry L. Rodriguez. (SS# 208-58-9169), an adult individual, currently residing at 704 Forge Road, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for a period of six months (6) immediately preceding the filing of the Complaint. 4. Plaintiff and Defendant were married on May 4, 1985, in Dauphin County Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. Count I - Divorce 7. The allegations of Paragraphs 1 through 6 are incorporated herein by reference and made a part thereof. 8. This action is not brought through collusion between the Plaintiff and Defendant, but in sincerity and truth for the reasons set forth within. 9. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. In the alternative, Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render his condition intolerable and her life burdensome. 10. Plaintiff has been advised that counseling is available and that 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 divorce decree dissolving the marriage between Plaintiff and Defendant. Count II - d?itahle pistribution 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference as if set forth at length. 12. The parties have acquired, during the course of the marriage and prior to separation, property, both real and personal, which they own jointly or which was otherwise purchased so as to constitute marital property within the definition and scope of Section 3502 of the Divorce Code. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order distributing the marital property owned by the parties. Date: !j„ jU ! RESPECTFULLY SUBMITTED " I, ) ) --I' --,- Charles Rector, uire 1104 Fernwood ve Ste. 203 Camp Hill, PA 17011 (717) 761-8101 I verify that the statements made herein 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. 0 John A. Rodgriquez Date: /?? JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Petitioner/Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-7635 CIVIL TERM SHERRY L. RODRIGUEZ CIVIL ACTION - LAW Respondent/Defendant IN DIVORCE ORDER AND NOW, this day of _MO 2.j , 2000, upon consideration of the within Emergency Petition for Special Relief as to the Sale of the Marital Residence to Prevent Foreclosure and Interim Disposition of Personal Property, a hearing on this matter is scheduled for the 6?Ot day of , 2000, at o'clock, in Courtroom #/_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. no By the Court: i 0 :C Wd 9 Z N111" 00 st?i'?I?. d0 A. JOHN A. RODRIGUEZ, Petitioner/Plaintiff V. SHERRY L. RODRIGUEZ Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE EMERGENCYPETITION FOR SPECIAL LIEFAS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE AND INTERIM DISPOSITION OF PERSONAL PROPERTY AND NOW, comes the Petitioner, John A. Rodriguez, b.y and through his attorney, Charles Rector, Esquire, and files the following Emergency Petition for Special Relief- 1 . Petitioner is John A. Rodriguez, the Plaintiff in the above-captioned divorce action. 2. Respondent is Sherry L. Rodriguez, the Defendant in the above-captioned divorce action. 3. Petitioner and Respondent were married on May 4, 1985, in Dauphin County. During the marriage, Petitioner and Respondent acquired a residence at 704 Forge Road, Carlisle, Cumberland County, Pennsylvania, together with various items of personal property that are presently located in that residence. 4. Petitioner and Respondent have been separated since March of 1999. 5. Since separation, Respondent has occupied and bad exclusive possession of the marital residence. 6. Respondent, who has the financial ability to pay, has stopped paying the mortgage on the residence. 7. As a result, the mortgage is in default and may be subject to foreclosure, which would cause a dissipation of marital assets. 8. The marital residence is a significant marital assert of the parties and, in order to protect the marital estate, the marital residence must be sold before foreclosure occurs. 9. The marital residence should be listed for sale irnmediately, with the parties cooperating to accomplish the sale. 10. The net proceeds of the sale should be placed in escrow pending the final equitable distribution of the assets. 11. Until such time as the marital residence is sold, Respondent, who has the financial ability to do so, should be ordered to pay the monthly mortgage and expenses with respect to said property. 12. There are various items of personal property located in the marital residence which should be divided between the parties on an interim basis without prejudice to their respective claims in the final equitable distribution of the assets. 13. Pending the interim distribution of personal property in the marital residence, Petitioner requests that Respondent be enjoined from removing any item of personal property from the residence. WHEREFORE, Petitioner requests that this Court enter an Order granting the Emergency Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure and Interim Disposition of Personal Property. RESPECTFULLY SUBMITTED, .y? I les Rec or, squire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: / / F 'o I verify that the statements made herein 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. OC A - A John A. Rodriguez Date: / JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7635 CIVIL TERM ORDER OF COURT AND NOW, this I" day of February, 2000, the hearing previously scheduled ill now be heard before the before the undersigned judge f Honorable Edward E. Guido, in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. Xe Honorable Edward E. Guido Charles Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Plaintiff Carol J. Lindsay, Esq. 11 East High Street Carlisle, PA 17013 Attorney for Defendant Court Administrator rc BY THE COURT, JOHN A. RODRIGUEZ, Petitioner/Plaintiff V. SHERRY L. RODRIGUEZ Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7635 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER AND NOW, this ? day of , 2000, upon consideration of the within Emergency Petition for Special Relief as to the Sale of the Marital Residence to Prevent Foreclosure and Interim Disposition of Personal Property, a hearing on this matter is scheduled for the ,?A day of , 2000, at o'clock, in Courtroom #/_ of the Cumberland County Courthouse, Carlisle, Pennsylvania. By the Court: P '4QI__?7 0 i ),bN,I '%'VAASfi t?? ,4 ?nE . 20 JOHN A. RODRIGUEZ, Petitioner/Plaintiff V. SHERRY L. RODRIGUEZ Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE EMER ENCY PETITION FOR SPECIAL RELIEF AS TO THE SALE OF MARITAL RESIDENCE TO PREVENT FORECLOSURE AND INTERIM DISPOSITION OF PERSONAL PROPERTY AND NOW, comes the Petitioner, John A. Rodriguez, by and through his attorney, Charles Rector, Esquire, and files the following Emergency Petition for Special Relief: Petitioner is John A. Rodriguez, the Plaintiff in the above-captioned divorce action. 2. Respondent is Sherry L. Rodriguez, the Defendant in the above-captioned divorce action. 3. Petitioner and Respondent were married on May 4, 1985, in Dauphin County. During the marriage, Petitioner and Respondent acquired a residence at 704 Forge Road, Carlisle, Cumberland County, Pennsylvania, together with various items of personal property that are presently located in that residence. 4. Petitioner and Respondent have been separated since March of 1999. Since separation, Respondent has occupied and had exclusive possession of the marital residence. 6. Respondent, who has the financial ability to pay, has stopped paying the mortgage on the residence. 7. As a result, the mortgage is in default and may be subject to foreclosure, which would cause a dissipation of marital assets. 8. The marital residence is a significant marital asset of the parties and, in order to protect the marital estate, the marital residence must be sold before foreclosure occurs. 9. The marital residence should be listed for sale immediately, with the parties cooperating to accomplish the sale. 10. The net proceeds of the sale should be placed in escrow pending the final equitable distribution of the assets. 11. Until such time as the marital residence is sold, Respondent, who has the financial ability to do so, should be ordered to pay the monthly mortgage and expenses with respect to said property. 12. There are various items of personal property located in the marital residence which should be divided between the parties on an interim basis without prejudice to their respective claims in the final equitable distribution of the assets. 13. Pending the interim distribution of personal property in the marital residence, Petitioner requests that Respondent be enjoined from removing any item of personal property from the residence. WHEREFORE, Petitioner requests that this Court enter an Order granting the Emergency Petition for Special Relief as to the Sale of Marital Residence to Prevent Foreclosure and Interim Disposition of Personal Property. RESPECTFULLY SUBMITTED, Charles RecfortEsquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Date: I fi `? JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-7635 CIVIL TERM ORDER OF COURT AND NOW, this 1St day of February, 2000, the hearing previously scheduled before the undersigned judge for April 5, 2000, at 9:30 a.m., will now be heard before the Honorable Edward E. Guido, in Courtroom No. 5, Cumberland County Courthouse, Carlisle, Pennsylvania. BY THE COURT, J The Honorable Edward E. Guido -`uz124-4, ? -r -vv .tiv Charles Rector, Esq. 1104 Fernwood Avenue Suite 203 Camp Hill, PA 17011 Attorney for Plaintiff Carol J. Lindsay, Esq. 11 East High Street Carlisle, PA 17013 Attorney for Defendant Court Administrator :rc ,2-3-00 Re 1_ Il . err rr :, iu C;; J a JOHN A. RODRIGUEZ, Plaintiff V. By the Court: SHERRY L. RODRIGUEZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND NOW, this t-7-kday of 1*1 7?D upon consideration of the wit --,- hin Stipulation, the terms there within are hereby made an Order of Court. .5-/8'-00 Rig n; `r- t-. LAI S1 l L" a> 1 ? a._ O Cz V JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 99-7635 CIVIL TERM SHERRY L. RODRIGUEZ CIVIL ACTION - LAW Defendant IN DIVORCE STIPULATION OF THE PARTIES The parties hereto stipulate as follows: They are husband and wife having been joined in marriage on May 4, 1985. 2. John A. Rodriguez, hereinafter Husband, has filed a Complaint for Divorce and the parties are in the process of dividing their personal property. 3. Commencing from at least April 6, 2000, the parties will neither sell, alienate, dissipate or otherwise dispose of any marital property. Furthermore, the parties will safeguard any marital property in their possession and make it promptly available for an appraisal at the request of either party. 4. The parties intend the terms of this Stipulation to be entered as an Order of Court. ?Iynss "I", herry L. Rodr ue 61, L611 i- 67 Wi ss ohn A. Rodriguez FROM : Charles Rector, Esq. Tarnmy S. Faust Paralegal PHONE NO. : 717+761+2161 Law Offices of Charles Rector, Esquire, P.C. 1104 Ferlnwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 e-mail - CltectorEsq®aol.com Rpr. 04 2000 03:48PM P1 (717) 761-8101 Fax (717) 761-2161 April 4, 2000 Honorable Edward Guido Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Via Fax 240-6462 Re: Rodriguez v. Rodriguez No. 997635 Civil Term Dear Judge Guido: I confirm by this letter that I represent the interests of John Rodriguez in the above-referenced matter on a Petition for Special Relief scheduled for a hearing on Wednesday, April 5, 2000, at 10.15 a.m. Carol Lindsay, Esquire, represents Mrs. Rodriguez. Attorney Lindsay and I have resolved this matter without the necessity of a hearing. The hearing in this matter may therefore be cancelled. Very truly yours, Charles Rector CR/tsf cc: Carol Lindsay, Esquire (via fax 243-6510) JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, Defendant IN DIVORCE NOTICE OF INTENTION TO RESUME PRIOR NAME Notice is hereby given that the Defendant in the above matter, hereby intends to resume and hereafter use the previous name of Sherry Lynne Sherk and gives this written notice avowing her intention in accordance with applicable law. ' Sherry L. odriguez To be known as: herry y e Sfi6rk COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss On the I q day of b?U4tJ,'yk , 2003, before me, a notary public, personally appeared Sherry Lynne Sherk (formerly known as Sherry L. Rodriguez), known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set hand and seal. Ltf 'CU Nntarv 1Publi NWWWSEAL 1 VMF.AWI P1bfo I. 2L n p -Yl 7T ?/ lam. ? tCJ ??fi w $Z7 , 4^ (?WO'Ywir-?rrr. «..? py?yM6G ppyll+//Yq??n??lr.wiawi.. Y??[[S lrua.tbrtB:?t?« ,laesf: w?Rta JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION - LAW : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am authorized to accept service on behalf of defendant Date: efendant 11 ( Address _ _ lb 3=L =c Pn !V JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 22, 1999 and defendant accepted service of said complaint on December 24, 1999, to which an executed Acceptance of Service was filed with the Prothonotary on 6 t c I I P_06 '3 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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 unswom falsification to authorities. ?) Date: ! 8' o ? (s G4 hn A. Rodriguez ?)t,?l-i O --i CF) n - 7 _ttC CZ] -.L N -Irl : ? JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-7635 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unworn falsification of authorities. Date: WoA. Rodriguez (7) C N °o C c.a -n ? m c+ C=?'j rTP --t R7 n r V Tr 2-7 GFi "? JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW SHERRY L. RODRIGUEZ, : NO. 1999-7635 CIVIL TERM Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on December 22, 1999. 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 verify that the statements made in this Affidavit an. true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. section 4904, relating to unworn falsification to authorities. Date: Perry L. Ro iguez, D fend t ( J C n ? C ..' n ?' ? O -L -T `' m cn~ _ :? _ ? ?y ?C? ? - ?° t?CJ _:J JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 1999-7635 CIVIL TERM : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 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 the penalties of 18 Pa.C.S. section 4904 relating to unswom falsification to authorities. Date: /0 - / O 3 eery L. R¢ riguez, efen t l o O w 'i'?17:% ?' O T'r ?, m-_ F - ri -o ? ? ? -?, ? ? O ?-? _ -? `.- _?- -% . ? ?'; c` ~ f.p n-: C.; r Ub -? JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHERRY L. RODRIGUEZ, Defendant NO. 99-7635 CIVIL TERM ORDER OF COURT AND NOW, this 9t' day of January, 2004, upon consideration of Defendant's praecipe to transmit record, and it appearing that Plaintiff's affidavit of consent and waiver of notice of intention to request entry of a divorce decree are dated December 18, 2004, and that a certificate of service of a Praecipe dated December 29, 2003, purporting to be by "Christopher J. Keller, Esq.," has been signed by Plaintiff, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit record. ?Jacqueline M. Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Xharles A. Rector, Esq. 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011 .16rol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 n 0) -09-6q BY THE COURT, ^1 , ?? llyy {?? tu:? } n ?? 45EJ ` {, ? .a,? ???l / John A. Rodriguez 4 Earl Street Boiling Springs, PA 17007 :rc JOHN A. RODRIGUEZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW SHERRY L. RODRIGUEZ, Defendant NO. 99-7635 CIVIL TERM ORDER OF COURT AND NOW, this 15a' day of January, 2004, upon consideration of Plaintiff's second praecipe to transmit record, and it appearing that Plaintiff's affidavit of consent and waiver of notice of intention to request entry of a divorce decree are still dated December 18, 2004, a divorce decree will not be entered at this time, without prejudice to the parties' rights to correct the deficiencies and file a new praecipe to transmit record. BY THE COURT, /Christopher J. Keller, Esq. 101 South Market Street Mechanicsburg, PA 17055 Attorney for Plaintiff Aacqueline M. Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 /Charles A. Rector, Esq. 1104 Femwood Avenue Suite 203 Camp Hill, PA 17011 T 17 ) I' LW 03 d -)b '?l.,aRo I L? n?s? a i??i'1 ? it ??: ?iJ Carol J. Lindsay, Esq. 26 West High Street Carlisle, PA 17013 :rc JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 1999-7635 CIVIL TERM : IN DIVORCE 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c), (j) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint: Acceptan ce of Service made on December 24 1999. 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by sec. 3301 (c ) of the Divorce Code: by Plaintiff December 18, 2003; by defendant December 19, 2003. (b) (1) Date of execution of the affidavit required by see. 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the defendant 4. Related claims pending: 5. Complete either (a) or (b). (a) Date and manner of service of the Notice of Intention to file Praecipe to transmit record, a copy of which is attached Date plaintiff's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: December 19, 2003. Date defendant's Waiver of Notice in sec. 3301 (c) Divorce was filed with the Prothonotary: December 19, 2003. /)Jr91a 5 tto f;y for Defendant Jacqueline M. Verney, Esquire 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 n N ?! r- - ?_? ?., -? ? _ ? ,-{ _ r? ? Vii-"! ??_ _- ,_:r o ??-,, a_. :`_ t?- ?5 ?7 ? JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1999-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE Please withdraw Plaintiff's request and count for Equitable Distribution of Marital Property in the above-captioned matter. Dated: &? C hn A. Rodriguez, pro se Earl Street Boiling Springs, PA 17007 (717) 241-9157 JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant in the above-captioned matter, with a true and correct copy of the foregoing Praecipe on the date and in the manner indicated below: HAND DELIVERY Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Date: / p a)L oohn A. Rodr,4 Earl Street Boiling Springs, PA 17007 (717) 241-9157 N C o -ri w rl) C_% c=C7 m =j c '_ N JOHN A. RODRIGUEZ, Plaintiff V. SHERRY L. RODRIGUEZ, Defendant PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 1999-7635 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PRAECIPE Please withdraw Plaintiffs request and count for Equitable Distribution of Marital Property in the above-captioned matter. Dated: ?y Christopher J. eller, Esquire Supreme Court ID 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant and Carol J. Lindsay, Esquire, believed to still be counsel of record for Defendant in the above-captioned matter, with a true and correct copy of the foregoing Praecipe on the date and in the manner indicated below: UNITED STATES MAIL. POSTAGE PREPAID Jacqueline M. Verney, Esquire Carol J. Lindsay, Esquire 44 S. Hanover Street 26 West High Street Carlisle, PA 17013 Carlisle, PA 17013 Date: Christopher J. K ller, Esquire Supreme Court ID 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 N C7 ?y ? -n ? L _ ? ?= TI _? n _ -o t' .. , ? . _ fyC; _? *? ?' "? 4J JOHN A. RODRIGUEZ, Petitioner/Plaintiff V. SHERRY L. RODRIGUEZ Respondent/Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-7635 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, John A. Rodriguez, in the above-captioned matter. ti.. Ch s Recto , squire Date: PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Plaintiff, John A. Rodriguez, in the above-captioned matter. Date: Gy RESPECTFULLY SUBMITTED, Christopher J. f er, Esquire 101 S. Market Street Mechanicsburg, PA 17055 (717) 790-5451 JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant in the above-captioned matter and Carol J. Lindsay, Esquire, believed to still be counsel of record for Defendant and Plaintiff's former counsel Charles Rector, Esquire, with a true and correct copy of the foregoing Praecipe Entering and Withdrawing appearance on the date and in the manner indicated below: UNITED STATES FIRST CLASS MAIL, POSTAGE PREPAID Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Date: January 14, 2004 Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011-6912 ?a Christopher J. K er, Esquire Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 -i L S _,. ern ?? Ul J JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE 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: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant acce ted ersonal service of the Complaint on December 24, 1999. 3. Complete either paragraph (a) or (b) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: By Plaintiff: December 18, 2003 By Defendant: December 19, 2003 (b)(1) Date of execution of the affidavit required by §3301(d) fo the Divorce Code: (b)(2) Date of filing and service of the plaintiff's affidavit upon respondent: 4. Related claims pending: There are no related claims pending. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: December 19, 2003. Date defendant's Waiver of Notice was filed with the Prothonotary: December 19, 2003. Date: ?y Uy Christopher J. K er, Esquire Supreme Court lD# 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant in the above-captioned matter and Carol J. Lindsay, Esquire, believed to still be counsel of record for Defendant, with a true and correct copy of the foregoing Praecipe on the date and in the manner indicated below: UNITED STATES FIRST CLASS MAIL POSTAGE PREPAID Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Date: January 14, 2004 Christopher J eller, Esquire Supreme Court ID 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 I n ?' n m rn 7T J ??"il JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 22, 1999 and defendant accepted service of said complaint on December 24, 1999, to which an executed Acceptance of Service was filed with the Prothonotary on Pecemkrr /9, 203 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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 unworn falsification to authorities. Date: wG aY ohn A. Rodriguez ro "i ? ?': (' e.-pJ s- -i i Y ?. ? ? ? 1 •???? ??? ? c _?"? _? i- ? ?jG _' `?c -- ??. JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 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 herein in this affidavit are true and correct. I understand that false statements are made subj ect to the penalties of 18 Pa.C. S. Section 4904, relating to unworn falsification of authorities. Date: Ldy ohn A. Rodriguez U CD C7 C: --i CD y -, Ul Ol -' JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE 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: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accented personal service of the Complaint on December 24, 1999. Complete either paragraph (a) or (b) (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: By Plaintiff: January 20, 2004 By Defendant: December 19, 2003 (b)(1) Date of execution of the affidavit required by §3301(d) fo the Divorce Code:_.; (b)(2) Date of filing and service of the plaintiffs affidavit upon respondent: 4. Related claims pending: There are no related claims pending. 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: January 20, 2004. Date defendant's Waiver of Notice was filed with the Prothonotary: December 19, 2003. Date: oY G4?Y Christopher J. Geller, Esquire Supreme Court ID# 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 JOHN A. RODRIGUEZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 1999-7635 CIVIL TERM SHERRY L. RODRIGUEZ, : CIVIL ACTION -LAW Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, Esquire, hereby certify that I have served Jacqueline Verney, Esquire, counsel for Defendant and Carol J. Lindsay, Esquire, believed to still be counsel of record for Defendant in the above-captioned matter, with a true and correct copy of the foregoing Praecipe on the date and in the manner indicated below: UNITED STATES MAIL POSTAGE PREPAID Jacqueline M. Verney, Esquire 44 S. Hanover Street Carlisle, PA 17013 Date: dy Carol J. Lindsay, Esquire 26 West High Street Carlisle, PA 17013 Christopher J eller, Esquire Supreme Court ID 86889 Attorney for Plaintiff 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 ?, ? ? ?.-; s- ?,,; ?? _ -? J ' r:' .. ?--r-? _,{ `-'"- 7 .. E--? `.r?, ._ 4,'1 _ „ ct IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Plaitiff No. 11999-7635 VERSUS Sherry L. Rodriguez, Defendant DECREE IN DIVORCE AND NOW, ,oL 2 0w 12!\ 0' 2,ca?, IT IS ORDERED AND DECREED THAT John A. Rodriquez ,PLAINTIFF, AND Sherry L. Rodriguez ,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; BY THE COU A-frE$T:? J U l PROTHONOTARY