HomeMy WebLinkAbout08-0146
McNEES WALLACE & NURICK LLC
By: Debra Denison Cantor
Attorney ID No. 66378
100 Pine Street
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 facsimile
dcantor(a)-mwn.com
Attorneys for Plaintiff
SUE A. ROOK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
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V. NO. Q'K- )V6
ROBERT P. ROOK,
Defendant
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 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 at the Cumberland County Courthouse, One
Courthouse Square, Carlisle, Pa., 17013-3387.
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 LAWYER REFERRAL SERVICE
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166
McNEES WALLACE & NURICK LLC
B
De W. Ca for
Attor o 66378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 (fax)
Attorneys for Plaintiff
Dated: J"U j 9 , 200 e
McNEES WALLACE & NURICK LLC
By: Debra Denison Cantor
Attorney ID No. 66378
100 Pine Street
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 facsimile
dcantor(aD-mwn.com
Attorneys for Plaintiff
SUE A. ROOK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. D yG ??v; i -fc.rnl
ROBERT P. ROOK,
Defendant
COMPLAINT
And now comes Plaintiff, Sue A. Rook, by and through her counsel, McNees
Wallace & Nurick LLC, and files the following Complaint in Divorce.
Count I
Divorce under 3301 (c) or 3301(d) of the divorce code
And now comes Plaintiff, Sue A. Rook, by and through her counsel, McNees
Wallace & Nurick LLC, and files the following Complaint in Divorce.
1. Plaintiff is Sue A. Rook, who currently resides at 5445 Bonnyrigg Court,
Mechanicsburg, Cumberland County, Pennsylvania, 17050.
2. Defendant is Robert P. Rook, who currently resides at 5445 Bonnyrigg
Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050.
3. Plaintiff and Defendant have been bona fide residents in the
Commonwealth of Pennsylvania for at least six months previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on November 30, 1985, in
Lycoming County, Pennsylvania.
5. Plaintiff and Defendant are the parents of three children, one who is a
minor, namely Michael Jack Rook, date of birth: March 2, 1990.
6. There have been no prior actions of divorce or for annulment between the
parties.
7. The marriage is irretrievably broken.
8. 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. Plaintiff hereby waives her right to such counseling.
9. Plaintiff requests the court to enter a decree of divorce.
Count II
Equitable Distribution
10. Plaintiff incorporates by reference paragraphs I through 9 of this
Complaint.
11. Plaintiff and Defendant possess various items of personal marital property,
as well as marital debts, which are subject to equitable distribution by this Court.
WHEREFORE, Plaintiff requests your Honorable Court to equitably distribute all
property, both real and personal, owned by the parties, as well as all marital debts.
Count III
Alimony Pendente Lite, Alimony
12. Plaintiff incorporates by reference paragraphs I through 11 of this
Complaint.
13. Plaintiff lacks sufficient funds to support herself, and is unable to
appropriately maintain herself during this action.
14. Defendant has adequate earnings to provide alimony and alimony
pendente lite for Plaintiff.
WHEREFORE, Plaintiff requests the Court to award alimony and alimony
pendente lite to Plaintiff.
Count IV
Counsel Fees And Expenses
15. Plaintiff incorporates by reference paragraphs I through 14 of this
Complaint.
16. Plaintiff lacks sufficient funds to meet the costs and expenses of this
divorce action, including the necessary attorneys' fees
17. Plaintiff requests the Court to award her the payment of counsel fees, and
costs and expenses incurred by her in this action, such costs to be paid by Defendant.
18. Defendant has adequate earnings to pay Plaintiffs counsel fees, costs
and expenses related to this divorce action.
WHEREFORE, Plaintiff requests the Court to award her the payment of counsel
fees, costs and expenses incurred by her in this action, such costs to be paid by
Defendant.
McNEES WALLACE & NURICK LLC
By _
e ra D. ant
ttorney ID No. 66378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 237-5297
(717) 260-1667 (fax)
Dated: :J?.? q , 200$' Attorneys for Plaintiff
VERIFICATION
I verify that the statements made in the foregoing document are true and correct to
the best of my knowledge, information and belief. I understand that false statements are
made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to
authorities.
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Sue W. Rook
Dated: December lgt? 2007
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SUE A. ROOK, IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. NO. 08-146 CIVIL TERM
ROBERT P. ROOK,
Defendant
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I hereby accept service of the Divorce Complaint in the above matter.
Robert P. Rook
Dated: ( f Zy log
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SUE A. ROOK,
V.
ROBERT P. ROOK,
Plaintiff
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 08-146 CIVIL TERM
PRAECIPE TO WITHDRAW APPEARANCE
TO THE PROTHONOTARY:
Please withdraw the appearance of Debra D. Cantor, Esquire and McNees
Wallace & Nurick LLC on behalf of Plaintiff, Sue A. Rook, in the above-captioned action.
McNEES WALLACE & NURICK LLC
Dated: p;-//9'
, 2008
B iv_ - o
son Cantor
I.D. No. 66378
100 Pine Street
P.O. Box 1166
Harrisburg, PA 17108-1166
(717) 232-8000
PRAECIPE TO ENTER APPEARANCE
TO THE PROTHONOTARY:
Please enter my appearance as a pro se Plaintiff in the above-captioned case.
0 A-055?_
Sue W. Rook
Dated: 02 I 10 log' '2008
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MARRIAGE TERMINATION AGREEMENT
WHEREAS, a proceeding for dissolution has been, or will be filed, concerning the marriage of the parties to this
Agreement,
WHEREAS, the parties whose signatures appear below consider it to be in their own best interests and the best interests of
their minor children to agree upon all matters with respect to the division of property, custody of the minor children, payment for
support of the minor children, spousal maintenance and all other matters at issue between them; and
WHEREAS, the parties whose signatures appear below have advised each other as to the extent, nature and amount of their
property, income and indebtedness and each is relying on this disclosure in entering into this agreement; and
WHEREAS, the parties whose signatures appear below dismiss all previous claims and requests in this matter; and
WHEREAS, the parties whose signatures appear below are not represented by counsel but understand they have the right
to retain counsel of their own choosing;
NOW, THEREFORE, IT IS HEREBY STIPULATED AND AGREED by and between the parties that the following terms
and conditions control concerning the dissolution of their marriage and division of marital and/or other assets, terms of child
custody (if there are minor children bom or adopted to these parties), child support, alimony or spousal support, if any, as set forth
below be enforced as our marital separation and termination agreement, and be enforced in any final Judgment/Decree of
Divorce/Dissolution of Marriage that shall be entered by the Court that dissolves our marriage:
Military Service.
The parties acknowledge that neither party hereto is in the Military Service of the United States of America
2. Custody and Visitation.
A. Custody. Custody of the parties' minor child:
Name Date of Birth Age
Michael Jack Rook 03/02/1990 18 shall be as follows:
Petitioner is awarded sole legal and physical custody of the minor child, until such time as said minor child shall have
graduated from High School or until further order of the Court.
B. Visitation
Visitation with the minor child shall be awarded as follows:
Respondent, Robert Philip Rook, shall have reasonable and liberal visitation and parenting time with the minor child of the
parties as follows as agreed upon by both parties until further Order of the Court.
C. Support
Respondent shall pay to Petitioner in advance, for the support of the parties' minor child as follows: $850 per month for
one minor child, until the child attains the age of eighteen (18) or graduates from high school, whichever is later, but not beyond the
age of twenty (20) years.
Petitioner will receive support through Respondent's US Navy retirement plan, as detailed in paragraph 4(G).
3. Financial Circumstances. The financial circumstances upon which the above agreement for support is based are
as follows:
A. That the name and address of the petitioner's employer is MCS Credit & Audit Services 5211 E Trindle Rd
Mechanicsburg PA 17050 with an income of $600 ner month.
B. Petitioner claims reasonable monthly living expenses for Petitioner and petitioner's minor child in the amount
of $ 2475. Said sum does not include day care.
C. That the name and address of the respondent's employer is Starbucks Coffee Company, 154 Academy St,
Williamsport. PA 17701 with an income of $750 per month.
D. Respondent receives $1996.23 net monthly retainer for 23 years active military service.
E. Respondent receives $1260 net monthly disability pay from VA.
E. Respondent claims reasonable monthly living expenses for Respondent in the amount of $ 1250.
F. That the Social Security number of the petitioner is 177-56-6480 and of the respondent is 205-56-0717.
4. Property Settlement. The parties have agreed that the following property settlement would be fair and equitable:
A. REAL PROPERTY - Homestead:
Petitioner and Respondent are each awarded 50% net equity in the marital home, a 2 story, 4 bedroom
family home and attached land located at 5445 Bonnyrigg Court, Mechanicsburg, PA 17050 to be distributed by
the Respondent. Both parties agree to list the home with a real estate agent within 60 days of the filing of this
agreement and to sell the home to the highest reasonable offer.
B. Personal Property:
Petitioner and Respondent are each awarded the items of personal property in his or her possession at the
time of this filing.
C. Household furnishings:
Petitioner is awarded all household furnishings located at 5445 Bonnyrigg Court, Mechanicsburg, PA
17050 and Capital Self Storage Unit M-14, 5160 E Trindle Road, Mechanicsburg, PA 17050.
D. Automobiles.
Respondent is awarded:
2007 Pontiac G6 GKG-7189 VIN - 1G2ZH36N074121252
1986 Ford F150 YVD-9687 VIN -1FTEF15N9GNB00965
Petitioner is awarded:
2008 Saturn Vue SUZIVU VIN - 3GSCL537785566093
E. Money Market/Savings
Respondent is awarded:
Thrift Savings Plan account 2200796475404 - balance $3579 10
F. Stocks.
Respondent is awarded:
Fidelity Account Z19-322806 to include:
287 shares of Starbucks stock
265 shares of unvested Starbucks stock options
G. Retirement Accounts:
Petitioner is awarded an interest in the Respondent's US Navy retirement plan equal to 50019 of the
Respondent's disposable retirement benefit to be calculated and distributed monthly by DFAS until the Petitioner
remarries or dies. The Petitioner shall assume responsibility for completing and submitting DD Form 2293 to
DFAS within 1 year to ensure eligibility to receive these benefits.
Petitioner agrees to complete paperwork to cancel/suspend Survivor Benefits program as soon as allowed
by program requirements, September 1, 2008.
H. Debts:
Respondent shall assume the following debts and hold Petitioner harmless thereon:
MBNA American Express credit card account # 3746 321167 18931
NFCU auto loan # 430000559434-06
Chase Home Mortgage loan # 1120615589
Sunoco Mastercard credit card account # 5179 4900 0049 3897
Petitioner shall assume the following debts and hold Respondent harmless thereon:
GMAC auto loan # 020-9099-9 1 1 82
Wachovia personal loan # 320801000979408
Mace's VISA credit card account # 4019 81 18 3626 8272
1. Medical, Hospitalization and Dental Insurance for the Minor Child:
The Respondent shall maintain in full force and effect, for the benefit of the minor child of the parties,
the health and hospitalization and dental insurance which is presently available to him through his employer.
J. Medical, Hospitalization and Dental Insurance for the Petitioner.
A. The Respondent agrees to provide and maintain TRICARE PRIME Medical and Hospitalization
Insurance for the Petitioner until such time as she remarries or dies. Premiums for Petitioner
and Respondent shall continue to be deducted monthly by DFAS prior to 50% split of
disposable retired pay.
B. The Petitioner will no longer be covered under the Respondent's Dental Insurance.
The parties understand and agree that pursuant to statute and the Consolidated Ommbus Reconciliation Act of 1985
(COBRA), whichever applies, either or both parties have the absolute right to continue his/her health benefits coverage available
through the other party's insured employee health benefit plan, if any is in existence during the marriage of these parties, so long as
party who elects to continue such available coverage through the other spouse's employer health insurance program shall be
obligated for the payment of the premium of such coverage. In other words, the spouselemployee shall not be obligated for the
coverage premium of the non-employee spouse, unless the parties otherwise agree herein.
Consistent with statute, coverage is considered to be continuing until the earlier of the following:
A. The date the insureds former spouse becomes covered under any other group plan; or
B. The date coverage would otherwise terminate under the policy.
Consistent with the C.O.B.R.A. law, continuation coverage may terminate for any of the following reasons:
A. The employer no longer provides group health insurance coverage to any of its employees;
B. The premium for continuation coverage is not paid;
C. Petitioner becomes an employee under another group health plan;
D. Petitioner becomes eligible for medicare. At the end of the continuation period, petitioner must
be allowed to enroll in an individual conversion health plan provided through the employer and
within the limitations of the group plan, if so desired.
E. Respondent shall cooperate with petitioner to ensure petitioner's continuation of health and
medical insurance;
F. It shall be respondent's responsibility to notify the health insurance provided that respondent and
petitioner are now divorced and petitioner seeks continuation coverage;
G. Notification by respondent to the employer must be made within sixty (60) days from the date e
was dissolved;
H. The employer then has fourteen (14) days to respond to Respondent and to advise him as to
whether or not petitioner qualifies for continuation coverage;
Petitioner is responsible for payment of the premium for continuation coverage including any
administrative fee, if any; and
The parties are to give each other their prompt notice of a least thirty (30) days' prior written
notice if either becomes aware that the coverage will change.
K. OTHER DEBTS. Each of the parties shall be individually liable for any debt incurred in their name or on
their behalf. The parties shall indemnify and hold each other harmless from any payment on the other's debts, including any
reasonable attorney's fees or costs incurred by either party in securing said indemnification.
L. NAME CHANGE. The Petitioner intends and is entitled to continue to use the name Sue Ann Rook.
M. CAPITAL GAINS TAX. The parties are notified that income tax laws regarding the capital gains tax may
apply to the sale of a principal residence. This includes, but is not limited to, the exclusion available on the sale of a principal
residence for those over a certain age under Section 121 of the Internal Revenue Code of 1986 or other applicable law. Unless
otherwise specifically stated, the party who receives the principal residence is entitled to have the first choice in exercising this
offset. The parties may wish to consult with an attorney and/or accountant concerning the applicable laws.
N. SIGNING DOCUMENTS. Each of the parties agree to sign whatever documents are necessary to transfer title
of the assets as divided herein, and shall do so immediately upon entry of the Judgment and Decree. In the event that either party
shall not cooperate in the signing of documents, the patties understand and agree that a certified copy of the Judgment and Decree of
divorce which shall be entered by the judge who presides over the divorce/dissolution of marriage of these parties may be recorded
at the applicable agency shall serve to transfer title to any of the property so awarded in this Judgment and Decree to either party.
0. SERVICE OF PROCESS. The parties understand and agree that service of a copy of the Judgment and
Decree upon the Defendant/Respondent by U.S. Mail shall constitute due and proper service of the Judgment and Decree upon
Respondent and proof thereof for all purposes.
We hereby agree to the above terms and conditions of this Marriage Termination Agreement and attest that we have not been
coerced in any manner to sign our names to this Agreement:
S to WII±E'S TED S GNA ABOVE, and
MIA Ai
Printed name: ?\ 4e 'r1 Y1 V-\ 1G
Date signed: 31 ZZ?d
Witness' Prin ame: _ p t
Dated: Aln?w
HUSBAND'S PRINTED SIGNATURE ABOVE, and
Printed name: -?Z6 Y-+ t- : ?po k
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Date signed: _ !;'(2z
WITNE Husband's s* ture:
Witness' Prin d Name: W. 4PA^
Dated: d
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SUE A. ROOK, : IN THE COURT OF COMMON PLEAS
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 08-146 CIVIL TERM
ROBERT P. ROOK, 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 January
9, 2008.
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.
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 in 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 unsworn
falsification to authorities.
Date: I L IS
Sue W. Rook
Social Security No. ?T-7-'? - (P4M
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SUE A. ROOK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS. : NO. 08-146 CIVIL TERM
ROBERT P. ROOK, 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 January
9, 2008.
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.
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 in 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 unsworn
falsification to authorities.
Date: y -3 1 /a g
Robert P. Roo
Social Security No. Zo S^ ' ?6 ° 0 -717
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SUE A. ROOK, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
vs. : NO. 08-146 CIVIL TERM
ROBERT P. ROOK, 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 3301c of the
Divorce Code.
2. Date and manner of service of the complaint: served January 24, 2008--
See Acceptance of Service filed January 28, 2008
3. Date of execution of the affidavit of consent required by Section 3301c of
the Divorce Code: by plaintiff: July 31, 2008, and filed August 6, 2008; by defendant:
July 31, 2008, and filed August 6, 2008
4. Related claims pending: none
5. Date of plaintiffs Waiver of Notice in Section 3301 c Divorce: dated July
31, 2008, and filed August 6, 2008. Date of defendant's Waiver of Notice in Section
3301c Divorce: dated July 31, 2008, and filed August 6, 2008
Date: 08/07/08 Timothy J. 'Connell, Esquire
Turner and O'Connell
4701 North Front Street
Harrisburg, PA 17110
(717) 232-4551
Attorney for plaintiff
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
SUE A. ROOK
VERSUS
ROBERT P. ROOK
NO. 08-146 Civil Term
DECREE IN
DIVORCE
AND NOW, August O 12008 , IT IS ORDERED AND
DECREED THAT Sue A. Rook
, PLAINTIFF,
AND Robert P Rook 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; none.
The Marriage Termination Agreement between Sue A. Rook and Robert
P- Rook d ted May 22, 2998, shail be incorporated but not wexytc
into this decree.
BY THE COURT:
ATTE 1. J.
?/ PROTHONOTARY
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