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Home My WebLink About04-0114 RICHARD L. FORNEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. REBECCA L. FORNEY, DEFENDANT IN DIVORCE COMPLAINT UNDER SECTION 3301(0) OR 3301 (d) OF THE DIVORCE CODE IN DIVORCE 1. The Plaintiff is Richard L. Forney who resides at 270 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Rebecca L. Forney who resides at 607 E. Winding Hill Road, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant have been a bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 9, 1998 in Fredericksburg, Maryland. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed Services of the United states or any of its Allies. RICHARD L. FORNEY, PLAINTIFF v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-a<.j <!..I~I/ REBECCA L. FORNEY / DEFENDANT IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, Carlisle, Pennsylvania. 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. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NOTICE ~ AVAILABILITY ~ COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(c) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. ~J).~ Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Da te: rrJ-(Jo/ ~~ ~Richard L. Forney ~. N \::> ~ 7'" +I: U:, 2, --- ~ ~ RJ ~ c) ~ <;1; 0<) ~. 5>- (~ ~I, L_~ ~ru, Dl/' II 'f MARRIAGE SETTLEMENT AGREEMENT and and THIS AGREEMENT made this 8H-. day of n".......y ,2004, by between Rebecca L. Forney, (hereinafter referred to as "Wife") Richard L. Forney, (hereinafter referred to as "Husband"). WITNESSETH: WHEREAS, the Husband and Wife were lawfully married on November 9, 1998; and WHEREAS, differences have arisen bet'^,een Husband and Wife in consequence of which they intend to live apart from each other; and WHEREAS, no children were born of this marriage; and WHEREAS, Husband and Wife desire to sE,ttle and determine their rights and obligations; and NOW, THEREFORE, the parties intending to be legally bound hereby do covenant and agree as follows; 1 . SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place or places as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party as to the lawfulness or unlawfulness of the causes leading to their living apart. 2. INTERFERENCE Each party shall be free from interference, authority, and contact by the other as fully as if he or she were single and unmarried except as maybe necessary to carry out the provisions of the agreement. Neither party shall molest the other nor attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 1 3. DIVISION OF PERSONAL PROPERTY The parties have agreed to cli vide between them and already have divided between them to their mutual satisfaction the personal affects, household furniture and furnishings and all other articles of personal property which heretofore have been used by them in common. Neither party will make any claim to any such items which are now in the possession or under the control of the other. Specifically, Wife will take her computer and personal effects. Wife shall have her choice of pets. Husband agrees to allow Wife's pets to temporarily remain at the former marital home; however, Wife shall be responsible for their well-being, including providing them with food and medical care. Husband, when possible, will assist Wife in the care of her pets. 4. AUTOMOBILES Husband shall have all right and title to his 1995 Saturn SL2. He shall maintain insurance on his vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Husband shall indemnify and hold Wife harmless for all matters related to his vehicle. Wife shall have all right and title to the 1995 GEO Metro LSI and shall ITlaintain insurance on her vehicle and be responsible for any and all maintenance, liens and other payments related thereto. Wife shall indemnify and hold Husband harmless for all matters related to her vehicle. Within 5 days of signing this agreement, Husband shall take all necessary actions to transfer his ownership interest in the GEO to Wife. 5. DIVISION OF REAL PROPERTY The marital home located at 270 McAllister Church Road, Carlisle, Cumberland County, Pennsylvania shall become the sole property of Husband. The home is valued at $80,000.00 and the current mortgage is approximately $70,000.00. Husband shall assume full responsibility for all maintenance, taxes and the payment of the existing mortgages and notes. Husband shall indemnify and save Wife harmless from any liability on the accompanying mortgages, notes or other expenses related the former marital home. In the event the house is sold, Husband shall receive any and all proceeds from the sale of the house and alternatively, he shall be liable for any and all deficiency related to the sale of the home. Wife waives any and all right or interest she may have in the marital home. Wi thin 15 days of signing this agreement Husband shall initiate all reasonable steps, to include refinancing if necessary, to remove Wife from any liability for the mortgage on the former marital residence. Husband's attorney shall prepare a new deed that the parties will sign transferring Wife's interest to Husband. 2 6. FINANCIAL ACCOUNTS, STOCKS, BONDS AND INVESTMENTS The parties have equitably divided their respective financial accounts. Husband owns Corning stock currently valued at $23,000.00 that he has obtained throug'h his employer's stock purchase plan. Each party shall maintain their separate accounts and investments and hereby release any interest they may have in the other's accounts, stocks, bonds, joint ventures, businesses, real estate or other investments. 7. PENSION/RETIREMENT Husband has accumulated a 401(k) through his employer that has a current value of approximately $13,000.00. There is a $4,000.00 loan against his 401(k) that was used to purchase the marital home. Husband shall be solely liable for the repayment of his loan. Wife currently does not have a retirement or pension. Husband relinquishes any right he may have in Wife's future pension or retirement account(s). Wife relinquishes any and all rights she may have in Husband's pension or retirement accounts, present and future. 8. MARITA4 DEBTS Husband shall be responsible for all marital debts solely in his name and Wife shall be responsible for all marital debts solely in her name. Husband shall be liable for all mortgages, taxes and expenses related to the marital home. Wife shall be liable for all debts related to her vehicle. Husband shall be liable for all debts related to his vehicle. Each party shall be liable for the debts they have incurred on the parties' joint Fulton Bank VISA account. Upon payment of the outstanding Fulton Bank debt, the account will be closed. 9. ALIMONY up any support, Each party hereby waives, releases, discharges and gives rights either may have against the other to receive alimony pendente lite or alimony. 10. JOINT FILING OF IRS RETURN Husband and Wife agree to joint tax return for tax year 2003. Any refund or deficiency shall be apportioned 25% to Wife and 75% Husband. The parties agree to cooperate in the filing of the tax return and the distribution of the refund. The parties shall file separately in all subsequent years. 3 11 . DIVORCE Husband has agreed to file a Complaint in Divorce in Cumberland County, Pennsylvania. The parties agree to cooperate with each other in obtaining a final divorce of the marriage under section 3301(c) of the Divorce Code. Upon the expiration of the gO-day waiting period, the parties shall execute the Affidavit of Consent and Waiver of Notice forms for submission to the Court. Husband's attorney shall be responsible for filing the documents necessary to obtain a Decree in Divorce. Wife agrees to reimburse Husband for his $750.00 attorney fee, which fee includes the court filing fee. 12. INCORPORATION INTO DIVORCE DECF~E This agreement is to be incorporated into any subsequent Decree in Divorce. 13 . CONTINUED COOPERATION The parties agree that they will within fifteen days after the execution of this agreement execute any and all written instruments assignments, releases, deeds or notes or other such writings as may be necessary or desirable for the proper effectuation of this agreement. 14 . BREACH If either party breaches any provision of this agreement, the other party shall have the right, at his or her election, to sue for damages for such breach, and the party breaching this contract shall be responsible for the payment of legal fees and costs incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as may be available to him or her. 15 . VOLUNTARY AGREEMENT The provisions of this agreement are fully understood by both parties and each party acknowledges that the agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Each party has had the opportunity to review this agreement and consult with an attorney of their choice. 4 16. WAIVER OF CLAIMS AGAINST ESTATES Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any juriSdiction to share in the property or the estate of the other as a result of the marital relationship, inClUding without limitation, dower, curtesy, statutory allowance, widows allowance, right to take in intestacy, right to take against the will of the other and the right to act as administrator or executor of the other's estate. 17. BINDING AFFECT This agreement shall be binding upon the parties' heirs, successors and assigns. 18. MODIFICATION AND WAIVER Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this agreement. The failure of either party to insist upon strict performance of any of the provisions of this agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 19. PRIOR AGREEMENTS It is understood and agreed that any and all prior agreements which may have been made or executed or verbally discussed prior to the date and time of this agreement are null and void and of no affect. 20. ENTIRE AGREEMENT This agreement contains the entire understanding of the parties and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 21. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any binding affect whatsoever in determining the rights or obligations of the parties. 5 22. APPLICABLE LAW This agreement shall be construed under the laws of the Commonwealth of Pennsylvania. .;") ~ ~/)ssw,::;,o,., Lhe poctie" eet theic honde end eeol, .~ 'i?.J~~(J5t1 A:J...j;:; c vu;j~/;;;H ~m~ Witness Date Rebecca L. Forney Commonwealth of Pennsylvania: County of [.- U fot f3t.12L-4>'dJ ss PERSONALLY APPEARED BEFORE ME, this ~ day of this}rIrV ,2004, a notary public, in and for the Commonwealth of Pennsylvania, Richard L. Forney, known to me (or satisfactorily proven to be) the person whose name is subscribed to the wi thin agreement and acknowledged that he executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hove hceoun'o eu' my 23 eno VUiU;;ft' Notary pu~ CI ~;--."'r",'::',/~".;^', - NOTARlALSEAL "'~~~~QL n '. "'I!IiiIIOliIUIB Commonwealth of Pennsylvania: County of (v'(V\3/.:;2L/fPv D ss PERSONALLY APPEARED BEFORE ME, this (} day of this ~ ,2004, a notary public, in and for the Commonwealth of Pennsylvania, Rebecca L. Forney, known to me (or satisfactorily proven to be) the person whose name is subscribed to the wi thin agreement and acknowledged that she __ ::.uu"O 'h: ,ee:~ tvc the pU<pueev h.cel" '~"'O' -':.l':;_ Me,y euo:{J 0 f{Lf- ..r bw--.ClIDIrIdQL t!. .. ....0ll1t,2IIII!I 6 '" c_~ c.." ~ () -h ~:;:,., -\.'1 ;:;..) y h:j.J"] " '::;:-JC!J -~) ! -;C) -,- --,-. ,";:-::..1 . ~-, ) t5fn >:f :< 0') r:;> ()1 CJ RICHARD L. FORNEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERL~ COUNTY, PENNSYLVANIA v. NO. 2004-00114 CIVIL REBECCA L. FORNEY, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSEN1: 1. A Complai.nt in Divorce under Section 3301 (c) of the Divorce Code was filed on January 9, 2004. 2. The marriage of Plaintiff and DefE=ndant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: f'54p,.12tbo'l cJ.j -- ~ ,~=~,- ,/ ....__....d""---P RICHARO L. FORNEY "~, f:':~~ Ci J..- -T"j ;:C;l!Oo ..G P rr. 0-' I~) ',-' r:-~) (' ~" .." C) RICHARD L. FORNEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLI'.ND COUNTY, PENNSYLVANIA v. NO. 2004-00114 CIVIL REBECCA L. FORNEY, DEFENDANT IN DIVORCE AFFIDAVIT OF CONSEN~~ 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 9, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive notice of intent:Lon 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: i//sIoLf ( -~ c:.:~ ~,~ REBECCA L. FORNEY t~''', "" c::,.~,c, t:_", '"'"" ..,: ?~ ::;..:j CT> N '.' en a C) -iJ :;;:j -- ~;h~d :g23 :~.:1 (:? ',.-; (') ", RICHARD L. FORNEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2004-00114 CIVIL REBECCA L. FORNEY, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 staterrrents herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: I,R;.;;/ 20./>I./ ,.' {I ;:r -------------.~ R"'1.4' ': <dO.." "-'~"'.' RIC:HAR L. FORNEY '''' <~::} r:::::, ~- ::.~~ :;~~ _v 01 ::~1 r;~) en G C) -n --1 T ;i-j7 " (T", y () ("\ r.;'1 RICHARD L. FORNEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERL~ COUNTY, PENNSYLVANIA v. NO. 2004-00114 CIVIL REBECCA L. FORNEY, DEFENDANT IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 d:L vorced 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 statern,ents herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: Lf /J 5 /0'-/ , ~) ~~. ~ FORNE " (;, ", ,-::::) c:.:~) .<.- o -jJ 0'"'1 '" r:? 01 c::> -, RICHARD L. FORNEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLI>.ND COUNTY, PENNSYLVANIA v. NO. 2004 - 0114 CIVIL REBECCA L. FORNEY, DEFENDANT IN DIVORCE ACCEPTANCE OF SERVICE I, Rebecca L. Forney, accept service of the Divorce Complaint in the above captioned matter. Dated: '/I)/l:f5 'Ii),"tc~L ~ ~, Rebecca L. Forney 607 E. Winding Hill Road Mechanicsburg, PA 17055 DEFENDANT r:-;, l ~,' C::',;:;l ~2 2'~ '". n -11 ,~ :T: __ fn,:::~~ -,.,hl ""'r) .,-' T ;:~i (':-J a' r...J -;'i t'~ en RICHARD L. FORNEY, PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLMID COUNTY, PENNSYLVANIA v. NO. 2004-00114 CIVIL REBECCA L. FORNEY, DEFENDANT IN DIVORCE AFFIDAVIT OF SERVICI~ I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by depositing the same in the United states mail on October 21, 2003 pursuant to Rule 1920.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to the Divorce Code. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant on January 11, 2004. ~..' f). ;b~<< Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 ...., ,;~.;} c C~) " -,,- -n , :.:;-J , ;.) 0''1 C".' r:? ~.,J I RICHARD L. FORNEY, PLAINTIFF v. IN THE COURT OF COMMoN PLEAS CUMBERI.J\ND COUNTY, PENNSYLVANIA REBECCA L. FORNEY, DEFENDANT NO. 2004-00114 CIVIL IN DIVO!<:CE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: to the Court for the entry of a divorce decree: Transmit the record, together with the fOllowing information, 3301(c) of the Divorce Code. 1. Ground for divorce: irretrievable breakdown under Section 11, 2004 by Acceptance of Service. 2. Date and manner of service of the complaint: On January Section 3301 (c) of the Divorce Code: 3. Date of execution of the affidavit of consent required by 2004; By Defendant, April 15, 2004. By Plaintiff, April 15, 4. Related claims pending: None 5. Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on April 16, 2004. Date Defendant's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on April 16, 2004. ~D..~ Thomas D. Gould, Esquire Attorney For Plaintiff :':-:--1 -< en r-.:'l (__'~1 1:::.;0. ..<;;- C' -' -" :;:::;0 ~.., J ;;>~; CT'. ~J ...... N . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'O+:+i+i +i ~+i+i~+i "'+"''''''' T.+'''''''''''''+''''+''''''''''T.'''+'+'+''''''''''+''''+'+'",,,,,,,+.,,,+++,,,+++,,,++,,,++,,,~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. ... . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . STATE OF PENNA. . . . . . . RICHARD L. FORNEY, No. 2004-00114 PLAINTIFF CIVIL . . VERSUS . . REBECCA L. FORNEY, DEFENDANT DECREE IN DIVORCE AND NOW, ~ . IT IS ORDERED AND 2.3 ,2004 DECREED THAT RICHARD L. FORNEY . PLAI NTI FF, AND REBECCA L. FORNEY . 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; ~....... . " ~~". "":;'---- ~-,....J:..;,; , -".:;\.. ,'~"-- ~./ ...~ ----~....-,..;., ,-.~-.~~ " ;>,: - ...- '" - ,." '-' "-.' .::. r, .~ -d' ~ . 4P..... - _ '-- - ... ... - '---- ~: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ++'+++++++++++++++'++++++++i++++++++++++++++++++++.+? THE MARRIAGE SETTLEMENT AGREEMENT DATED crANUARY 8, 2004 IS HEREBY INCORPORATED INTO THIS DECREE IN DIVORCE. - Bn", Co,,,, ~il # d/ L-, Am~ J. '. . " '." -: "-"' ....-.. .. ~-~'-~., ,..// '. '-" . "........--__1..,,~<;:' ". '0' \" '" _ '...~......'" - PROTHONOTARY 0.0.0.0.0.0.0.0.0.0. 0.0.0.0.0.0.0.0.0.0.0. . . . . . . . . . . . . . . . . . . . . ,~% ~~~ /;f7.?>e,~ ~fr:7-,~>~~~/N A(1'~ej;' , \""".' . ' PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. JOHN SPAYD AND VICTORIA SPAYD, HUSBAND AND WIFE, Plaintiffs : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 04-114 v. : CIVIL ACTION - LAW AQUA BLUE POOLS AND JOSEPH S. RUDA, Defendants : JURY TRIAL UEMANDED I. State matter to be argued (Le., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Defendants' Preliminary Objectionll. 2. Identify counsel who will argue case: (a) For Plaintiff(s): Address: Sean Patrick Quinlan, Esquire 3344 Trindle Road Camp Hill, PA 17011 (b) For Defendant(s): Dale F. Shughart, Jr. 35 East High Street, Suite 203 Carlisle, P A 17013 717-241-4311 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: July 28, 2004 Dated: ~A~j/ / Sean Patric nlan, Esquire Attorney for Plaintiffs o c siJB~ ~~) ~2 ':::::} -< ~ ~,) N ,...., = = x- c..... c: z o -n ::;:! mIl ::gp:j OT :::;:!9 8~ (:1(11 <:::> -0 ::!~: ~).'. ,",(1 .~"- JOHN SPAYD AND VICTORIA SPAYD, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLJU~D COUNTY, PENNSYLVANIA NO. 04-114 CIVIL ACTION - LAW vs. JURY TRIJ>.L DEMANDED AQUA BLUE POOLS AND JOSEPH S. RUDA, Defendant MOTION TO CONTINUE ARGtlMENT UNTIL NEXT ARGUMENT CCIURT AND NOW, comes the Defendant, Joseph S. Ruda, t/a Aqua Blue Pools, by and through his attorney, Dale F. Shughart, Jr., Esquire, and makes the following Motion: 1. The undersigned Dale F. Shughart, Jr. is the attorney for the Defendant above captioned. 2. Preliminary Objections to the Pla.intiff's Compla.int were filed on March 25, 2004 and duly served upon the Plaintiffs and their attorney, Shawn Patrick Quinlan, Esquire. 3. On July 15, 2004, the undersigned attorney for Defendant received a notification from the Prothonotary, postmarked July 13, 2004, advising him that this case is listed for Argument on July 28, 2004. 4. Neither the Plaintiffs nor their attorney served a copy of the Praecipe listing the case for argument upon the undersigned attorney for the Defendant, as required by C.C.R.P. 210-2. 5. Plaintiffs having failed to comply with Local Rules, the case could be stricken, upon request of the undersigned. In the interest of economy and efficiency, the undersigned attorney for the Defendant requests that the case be continued until the next Argument Court to be held on September 22, 2004 for the reasons set forth below. 6. Since the undersigned attorney for the Defendant did not that the case was listed for Argument, the undersigned has made receive prompt notification from the Plaintiffs or their attorney commitments for July 28, which make him unavailable to attend Argument on that date. to prepare a Brief to submit in accordance with the C.C.R.P. 7. Due to his Assistant's vacation, the undersigned is unable 8. Under the circumstances, the undersigned requests the held on September 22, 2004. Court continue the case to the next schedule,d Argument Court to be WHEREFORE, Dale F. Shughart, Jr., Esquire, attorney for the Defendant, Joseph S. Ruda t/a Aqua Blue Poole:, prays Your Honorable September 22, 2004. Court to continue Argument of the above captioned matter to Respectfully submitted, 7) _n/ / ~1 seu Jr. Supreme Court I. . 19373 35 East High Street, Suite 203 Carlisl'B, PA 17013 (717) 2-41-4311 Attorne:f for Defendant -2- VERIFICATION Dale F. Shughart, Jr. hereby verifies that the facts set forth in the foregoing Motion are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsJ'f' ations.~~ IIO A l-- ~).J DATE: July 16, 2004 -3- JOHN SPAYD AND VICTORIA SPAYD, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-114 CIVIL ACTION - LAW vs. JURY TRIAL DEMANDED AQUA BLUE POOLS AND JOSEPH S. RUDA, Defendant CERTIFICATE OF SERVICE AND NOW, this 16th day of July, 2004, I, Dale F. Shughart, Jr., attorney for Defendant, hereby certify that I have served a copy of the Motion to Continue Argument Until Next Argument Court pursuant to Pa.R.C.p. 1023.2 by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: SEAN PATRICK QUINLAN, ESQUIRE 334 TRINDLE ROAD CAMP HILL, PA 17011 JOHN AND VICTORIA SPAYD 209 MEADOW LANE MECHANICSBURG, PA 17055 Dale F. Sh 35 East Hig Carlisle, PA 17013 (717) 241-4311 203 Z>>fZ{ n c- "', i:3 .r" '-- C ,-- I'. /: ... cr, o -q ':::1 Mip ~l-q .._(~y (;0 }t~ '~:~; ';J~ ..<. ":.- o ()1 o , . JOHN SPAYD AND VICTORIA SPAYD, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-114 CIVIL ACTION - LAW vs. JURY TRUlL DEMANDED AQUA BLUE POOLS AND JOSEPH S. RUDA, Defendant PETITION FOR LEAVE OF COURT TO WITHDRAW APPEARANCE PURSUANT TO PA.R.C.P. 1012 AND NOW, comes the undersigned, Dale F. Shughart, Jr., Esquire, attorney of record for Joseph S. Ruda and Aqua Blue Pools in regard to the above matter, and a.vers as follows: 1. The Defendants in the above captioned proceeding who are represented by Dale F. Shughart, Jr. are J'oseph S. Ruda and Aqua Blue Pools whose address is 65 Derbyshire Drive, Carlisle, PA 17013. Joseph S. Ruda has advised the undersigned that Aqua Blue Pools is a sole proprietorship owned and operated by him. 2. The Plaintiffs, John Spayd and Victoria Spayd, husband and wife, are represented by William C. Costopoulos, Esquire, Costopoulos, Foster & Fields, 831 Market Street, P. O. Box 222, Lemoyne, PA 17043. 3. Pursuant to an Agreement reached at Oral Argument on the Preliminary Objections filed by the Defendants, Plaintiffs filed an Amended Complaint on October 21, 2004. 4. Subsequently, the parties reached a settlement which provided for an initial payment by Defendant to Plaintiffs with a further payment to be made not later than ,June 30, 2005. The Agreement expressly provided that if the subsequent payment was not made, the Plaintiffs had the option of proceeding on the Settlement Agreement or proceeding on the claims set forth in the Amended Complaint, in their sole discretion. 5. Plaintiffs have elected to proceed on the Complaint, as confirmed by letter from their attorney to the undersigned attorney dated July 5, 2005, requesting the filing of an Answer not later than July 20, 2005. 6. As a result of the undersigned's involvement in the negotiation of the settlement, in his opinion, he is compromised in his ability to represent the Defendant and believes and therefore avers that he could not ethically continue to represent the Defendant in this matter. 7. The Defendant is obligated to the undersigned in the total amount of $898, which is the final balance due from a statement dated December 1, 2004, for which payment was due not later than January 1, 2005. 8. The undersigned attorney wrote to the client on July 8, 2005, providing the client a copy of Attorney Costopoulos' letter of July 5, 2005, requesting the client's agreement that his undersigned attorney be granted leave of court to withdraw. The Defendant has not responded to this letter, despite a request that he do so not later than July 12, 2005. 9. The undersigned has spoken on the telephone with William C. Costopoulos, Esquire. William C. Costopoulos, Esquire -2- . . agrees that the withdrawal of the undersi~Jned will not delay this proceeding. 10. The undersigned and william C. Costopoulos further agree that the time for Defendants to file a responsive pleading to the Amended Complaint in accordance with Pa.R.C.P. 1026 and Pa.R.C.P. 248 should commence on the date which the Prothonotary mails the Defendant the Order granting the undersigned the leave to withdraw. 11. Under the foregoing circumstances, the undersigned does not wish to and, ethically, cannot continue to represent the client and requests the Court to enter the attached Order granting him Leave of Court to withdraw his appearance. 12. I hereby certify that this change is not intended to, nor will it, delay this proceeding to the best of my knowledge, information and belief. Dale F. Shughart, Attorney I.D. 19 35 East High Stre t Carlisle, PA 17013 (717) 241-4311 203 -3- VERIFICATION Dale F. Shughart, Jr. hereby verifies that the facts set forth in the foregoing petition are true aend correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating n falsifi~i DATE' 7// 3JD; -4- . , JOHN SPAYD AND VICTORIA SPAYD, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-114 CIVIL ACTION - LAW vs. JURY TRIAL DEMANDED AQUA BLUE POOLS AND JOSEPH S. RUDA, Defendant CERTIFICATE OF SERVICE ~ AND NOW, this ~ day of July, 2005, I, Dale F. Shughart, Jr., attorney for Defendants, Joseph S. Ruda and Aqua Blue Pools, hereby certify that I have served a copy of the petition and proposed Order of Court, by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: William C. Costopoulos, Esquire Costopoulos, Foster & Fields 831 Market Street P. O. Box 222 Lemoyne, PA 17043 Joseph S. Ruda Aqua Blue Pools 65 Derbyshire Drive Carlisle, PA 17013 &( Dale F. Shug a t, J Attorney I.D. 19373 35 East High Stree , Carlisle, PA 17013 (717) 241..4311 Skite 203 0. (.. = " ~~~~ i ' " ~j) i -::;0 r f~~_ - ~ f}. '-" ~ \ ...- '-'" q. ::C~ i''' <;;, "9c( f)O '-..\ -T' -;..~ ,_of) /~1') '.,,<--~ ?\" 'I-) ":;:,\ 70 '.L -<J 5>- ~: <..5' ..p '~';},' :.<. JOHN SPAYD AND VICTORIA SPAYD, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-114 CIVIL ACTION - LAW vs. JURY TRIAL DEMANDED AQUA BLUE POOLS AND JOSEPH S. RUDA, Defendant PETITION FOR RULE ABSOLUTE AND ORDER OF COURT AND NOW, comes the undersigned Dale F. Shughart, Jr., Esquire, attorney of record for the Defendant and respectfully represents as follows: 1. On July 18, 2005, Honorable J. Wesley Oler, Jr. issued a Rule to Show Cause why the undersigned's Petition for Leave of Court to Withdraw should not be granted, which Order was mailed by the Prothonotary on July 19, 2005. 2. On July 21, 2005, Defendant delivered, personally, to the undersigned a Consent to the Withdrawal, the original of which is attached hereto, made a part hereof, and marked Exhibit "A". 3. On July 22, 2005, William C. Costopoulos, attorney for the Plaintiffs, faxed to the undersigned confirmation of the accuracy of the averments in the original Petition and stated Plaintiffs' consent to the withdrawal of the undersigned, which is attached hereto, made a part hereof and marked Exhibit "B". 4. Based upon the express consent of the Plaintiffs and Defendants, the undersigned respectfully requests Your Honorable Court to enter the attached Order of Court granting him leave to withdraw. Respectfully submitted, Shugh Court I.D. 19373 35 East High street, Suite 203 Carlislel, PA 17013 (717) 241-4311 VERIFICATION Dale F. Shughart, Jr. hereby verifies that the facts set forth in the foregoing Petition for Rule Absolute and Order of Court are true and correct to the best of his knowledge, information and belief, and understands that false statements herein are made subject to the penalties of 18 Pa. C.S. falsifications. Dale F. Shu DATE: July 25, 2005 JOHN SPAYD AND VICTORIA SPAYD, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1.H CIVIL ACTION - LAW vs. JURY TRIAL DEMANDED AQUA BLUE POOLS AND JOSEPH S. RUDA, Defendant REQUEST AND CONSENT OF AQUA BLUE POOLS AND JOSEPH S. RUDA ~, the undersigned, Joseph S. Ruda, hereby requests that Da.le Shughart, Jr., Esquire" be granted Leave of Court to withdraw his appearance as my attorney of record in the above captioned matter. It is my desire to proceed without benefit of legal counsel. Date: July ;l.,l. 2005 7 5 . R da, individually owner of Aqua Blue Pools, proprietorship Jos and a a sole 'CX"N (67 nA Tec,=, 12:::::45f::::-::";:.;::3lc) (::>-' - ,-'q'-; ~1::?:: ;-:0Drn F-C'. 002 \\',1 11.\\: ( ~ '\ )',n (!l'llt II h :l\\lll r I Cl'-: I (II: 1 JSIl!' \11'IU_I).'-; (.!~lIU il i! \1 \ i /\}.;\ ,( 1\ COSTOP01JLOS, FOSTER & FIELDS A[TORN/- YS fIND CI1{;NSFI.ORS XII.,~ II 031 vL\RKI '1,,11<[-:11 \lJ), 1\()X '22] 1.!>\10\'i\ I:. PL'-JN;:-':YI_V_\!\IA ! 7(;4 ,-().:'~_~ I),! IT~ If ):-""1 ':) !-.:'1;' I \1<1\ {'( 11'fJ 1\\ ((;1_ ,I~I; I JIIIv 22, 200'i Vi:I,f!ll;similt'-.Q!lh@HJ:.4021 I )ak I,. Shugharl. '1'., \-squire ]'; La:<( lIit>!1 Stred Suite 20) Carlisle, \'/\ 17D!1 I{e: Spayd v. Rudll Dear Dale: I he purp"se lll' this letter is to elllllirl1l ill \\Titing that I dll not objeet to your withdrawal ol'appcarancc as thc attorney oi'record in the abovc,captiollcd 11lattcr. Y"ur 'Ivcrmcllt (" thc Court in) llUr petition is and bas lwcn cnrrecL Sincen.:.>ly yours. CUSI UI'OUI.OS. rOSIIl~ &. FlU,DS /:( / Wi I ir:;~ 1 (~<'CZ),ftrp(;;IT(-'-';--~- -... WCC:lmm b>()1 \\9 II 0 (i'llj~1.: (~;'tiL'l' 1111':I<:I! .(f111lt..:r :-O!rI_'L'\ I Ildl'I' (';111L..,k. 1':\ 1'1) I.~ JOHN SPAYD AND VICTORIA SPAYD, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-114 CIVIL ACTION - LAW vs. JURY TRIAL DEMANDED AQUA BLUE POOLS AND JOSEPH S. RUDA, Defendant CERTIFICATE OF SERVICE AND NOW, this " /f-.. d.-7' day of July, 2005, I, Dale F. Shughart, Jr., attorney for Defendants, Joseph S. Ruda and Aqua Blue Pools, hereby certify that I have served a copy of the petition for Rule Absolute and proposed Order of Court, by mailing a copy of the same by United States mail, postage prepaid, addressed as follows: William C. Costopoulos, Esquire Costopoulos, Foster & Fields 831 Market Street P. O. Box 222 Lemoyne, PA 17043 Joseph S. Ruda Aqua Blue Pools 65 Derbyshire Drive Carlisle, PA 17013 ~ , Suite 203 Dale F. Shuglia Attorney I.D. 35 East High S Carlisle, PA 17 (717) 241-4311 C). C .-' r? (~:> <-,' () .',\ --' ~(- \,~. - , ,.... '- t.~-? r~'-\ /" j'RECEIVED JUl 272005 Jy" JOHN SPAYD AND VICTORIA SPAYD, Husband and Wife, Plaintiffs IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-114 CIVIL ACTION - LAW vs. JURY TRIAL DEMANDED AQUA BLUE POOLS AND JOSEPH S. RUDA, Defendant AND NOW, ORDER OF COURT this l1~ day of July, 2005, ~lith the concurrence of William C. Costopoulos, Esquire, attorney for the Plaintiffs. and the Defendants Joseph S. Ruda and Aqua Blue Pools, Dale F. shughart, Jr., Esquire, be and is hereby granted leave of court to wi thdraw his appearance as attorney of recc)rd for Joseph S. Ruda and Aqua Blue Pools. The time for the Defendants to file a responsive pleading to the Amended Complaint, in accordance with Pa.R.C.P. 1026 and Pa.R.C.P. 248, shall be twenty (20) days commencing with the date of mailing by the Prothonotary of this Order granting Dale F. Shughart, Jr. leave to withdraw. By the Court, /0) J. cc Dale F. Shughart, Jr., Es ire Joseph S. Ruda, t/a Aqua Blue Pools william C. Costopoulos, Esquire, Attorney ~.. 'H<~/W1 ;. f...( for/Plaintiffs / i. bl.O!> t)-., >. ~ ~l)~\ '......J(> S~:,i~ (~)t:.'1 ~C:~ 1-' L'- o <<> ..:r I (C) :;.J """ We> ,~.:::) = '" --- -