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HomeMy WebLinkAbout08-4392RICHARD W. SPOTTS, Plaintiff, VS. CHERYL R. SPOTTS, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CS-N39a l2ivil Try. CIVIL ACTION - LAW IN DIVORCE N O T I C E 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 RICHARD W. SPOTTS, Plaintiff, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA VS. NO. U ?_ ?(3 9 c r CHERYL R. SPOTTS, CIVIL ACTION - LAW Defendant. IN DIVORCE NOTICE OF AVAILABILITY OF 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 § 3302(d) of the Divorce Code, you may request 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 17013. 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. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com Attorney for Plaintiff RICHARD W. SPOTTS, : IN THE COURT OF COMMON PLEAS Plaintiff, : CUMBERLAND COUNTY, PA vs. NO. 0 ?- L/3 CHERYL R. SPOTTS, : CIVIL ACTION - LAW Defendant. : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, RICHARD W. SPOTTS, by and through his attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is RICHARD W. SPOTTS, an adult individual who currently resides at 633 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant is CHERYL R. SPOTTS, an adult individual whose current residence is unknown. Defendant's last known residence was 633 Erford Road, Camp Hill, Cumberland County, Pennsylvania 17011. Defendant is currently employed by Highmark, and has an employment address of 1800 Center Street, Camp Hill, Cumberland County, Pennsylvania 17011. Said employment address shall be utilized for service purposes until or unless Plaintiff is informed of Defendant's current address. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 31, 1981, in Harrisburg, Dauphin County, Pennsylvania. 5. The Parties separated on June 27, 2008, when Defendant moved out of the marital home without any notice to Plaintiff. 6. Neither Plaintiff nor Defendant has been in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully 2of5 requests that the Court enter a Decree of Divorce pursuant to § 3301(c) of the Divorce Code. COUNT 11 REQUEST FOR A NO-FAULT DIVORCE UNDER § 3301(d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart, and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to § 3301(d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER § 3502(a) OF THE DIVORCE CODE 14. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to § 3502(a) of the Divorce Code. 3 of 5 16. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 17. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT IV ALIMONY 18. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 19. Plaintiff does not have the means through his own earning capacity to maintain the standard of living the parties established during the marriage. 20. Plaintiff lacks sufficient property, including, but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for his reasonable needs. 21. Defendant maintains a substantial income that is greater than that income which Plaintiff receives, from which she is able to contribute to the support of Plaintiff post-divorce, in the form of alimony in accordance with the Divorce Code of Pennsylvania. 4of5 WHEREFORE, Plaintiff respectfully requests that the Court enter an Order awarding Plaintiff from Defendant alimony in such sums as are reasonable and adequate to support and maintain Plaintiff. COUNT V ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 22. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 23. By reason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of his case, in the employment of counsel, and the payment of costs. 24. Defendant's income is disproportionately higher than Plaintiff's income, and places Defendant in the position where she is able to better litigate the matter of the divorce as a result. WHEREFORE, Plaintiff respectfully requests that the Court grant an order upon Defendant compelling Defendant to pay Plaintiff alimony pendente lite, counsel fees and/or costs of litigation. Respectfully Submitted, Date: 7A Y/01 5 of 5 VERIFICATION I, Richard W. Spotts, the Plaintiff in this matter, have read the foregoing Complaint. I verify that my averments in this Complaint are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsifications to authorities. Dated:-//- o? Richard W. Spotts ? ? rv -TI ? r-11 t, ', t a jz? .>CJ f5 , W r RICHARD W. SPOTTS, . Plaintiff/Petitioner VS. CHERYL R. SPOTTS, Defendant/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - DIVORCE NO. 08-4392 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW to wit, this 310st day of July 2008, it is hereby Ordered that the Claim for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the Respondent paying the mortgage on the marital home where the Petitioner resides. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. BY THE COURT: M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent Lesley J. Beam, Esq. Diane G. Radcliff, Esq. Form OE-001 Service Type: M Worker: 21005 ?.., ?° ?-3 ?, .-{, `, {- ;-? r-- ,.,4, '7 f 7" ?: f "?? .e 1 ?`_ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. SPOTTS, NO. 08-4392 Plaintiff CIVIL ACTION - LAW V. IN DIVORCE CHERYL R. SPOTTS, Defendant PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of Diane G. Radcliff, Esquire, Supreme Court ID No. 32112, on behalf of the Defendant, Cheryl R. Spotts. Papers may be served at the address set forth below: Diane G. Radcliff 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Date: July 29, 2008 ADCLIFF, ESQUIRE t% f 7, .?' .Y:.? y 1_ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 (beam@kopelaw.com RICHARD W. SPOTTS, Plaintiff, vs. CHERYL R. SPOTTS, Defendant. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA : NO. 2008-4392 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Diane Radcliff, Attorney for the Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce on behalf of my client, Cheryl R. Spotts. iane R squire Date: 81776 Q O rr. ` iW : ^ ''1 Dj 7; -4 1 d ? S _G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. SPOTTS, Plaintiff NO. 08-4392 CIVIL ACTION - LAW V. IN DIVORCE CHERYL R. SPOTTS, Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 22, 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. 1 consent to the entry of a final Decree in 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 unsworn falsification to authorities. Dated: U-2J CHERYL R. OTTS RLEC-OFFiCE CAP THE PROTHONOTARY 2009 APR 16 P 3: 38 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. SPOTTS, NO. 08-4392 Plaintiff V. CHERYL R. SPOTTS, Defendant CIVIL ACTION - LAW IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: //9/09 I CHERYL R. SPOTTS F LED--t:,V*NCE OF THE P0,107 ONIOTA.RY 2099 APR 16 Pis] 3* 38 cufvl ' h A N IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. SPOTTS, NO. 08-4392 Plaintiff CIVIL ACTION - LAW V. CHERYL R. SPOTTS, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 22, 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. 1 consent to the entry of a final Decree in 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 unsworn falsification to authorities. Dated: y14?? RICHARD W. SPO S BLED-O';ICE OF FF =; ? ?WOTARY 20119 APR 16 Ear 3: 38 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. SPOTTS, Plaintiff V. NO. 08-4392 CIVIL ACTION - LAW CHERYL R. SPOTTS, Defendant IN DIVORCE 1. I consent to the entry of a final decree in divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 54904 relating to unsworn falsification to authorities. Dated: ?l?9/09 RICHARD W. SPOTTS FIDE. - FiCE OF THE P-P( 1,,n !OTARY 2009 APR 16 P 3: 3 8 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. SPOTTS, NO. 08-4392 Plaintiff CIVIL ACTION - LAW V. IN DIVORCE CHERYL R. SPOTTS, Defendant PRAECIPE FOR WITHDRAWAL OF CLAIMS To the Prothonotary: Please withdraw Plaintiff's claim for equitable distribution; alimony pendente Lite, alimony, counsel fees and costs. A Losley J. earn , Esquire Kope soc?ates, LLC 4660 T ndle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 2Z9 APR ? 'ARY a P1,/' i t ASK 2u IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD W. SPOTTS, Plaintiff NO. 08-4392 CIVIL ACTION - LAW V. CHERYL R. SPOTTS, Defendant TO THE PROTHONOTARY: IN DIVORCE PRAECIPE OF TRANSMIT RECORD 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 OF FILING AND MANNER OF SERVICE OF THE COMPLAINT: a. Date of Filing of Complaint: 07/22/2008 b. Manner of Service of Complaint: Attorney Acceptance of Service C. Date of Service of Complaint: 08/07/2008 3. DATE OF EXECUTION OF THE AFFIDAVIT OF CONSENT REQUIRED BY SECTION 3301 (C) OF THE DIVORCE CODE: a. Plaintiff: 04/09/2009 b. Defendant: 04/09/2009 4. RELATED CLAIMS PENDING: No issues are pending. 5. DATE WAIVER OF NOTICE IN SECTION 3301(C) DIVORCE WAS FILED WITH THE PROTHONOTARY: a. Plaintiff's Waiver: 04/16/2009 b. Defendant's Waiver: 04/16/2009 , ESQUIRE amp Hill, PA 11 Supreme ourt ID # 32112 Phone: (717) 737-0100 PILE,. OF THE 20091 MAY - I Ail a a , 22 -Y <t IN THE COURT OF COMMON PLEAS OF RICHARD W. SPOTTS : CUMBERLAND COUNTY, PENNSYLVANIA V. CHERYL R. SPOTTS NO. 08-4392 CIVIL TERM DIVORCE DECREE AND NOW, M K J ? 260 , it is ordered and decreed that RICHARD W. SPOTTS plaintiff, and CHERYL R. SPOTTS , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, Attest: J. Prothonotary c 5