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HomeMy WebLinkAbout09-3247IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LORI A. DOVERSPIKE Plaintiff V. JOHN E. DOVERSPIKE Defendant No. C9 9- 3 J Y -7 e,,,,. Civil Action- Divorce / APL and Equitable Distribution You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. NOTICE OF AVAILABILITY OF COUNSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. § 3301(ax6) - Indignities 23 Pa.C.S. § 3301(c) - Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. § 3301(d) - Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Telephone: (717) 240-6194. TES Lee E. Oeste4a4.L" Attorney for Plaintiff 155 South Hanover Street Carlisle, PA 17013 (717)249-2761 IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT CUMBERLAND COUNTY, PENNSYLVANIA LORI A. DOVERSPIKE Plaintiff V. JOHN E. DOVERSPIKE Defendant No. 0 q - 3 2/ 7 Q Tear-. Civil Action- Divorce / APL and Equitable Distribution COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Lori A. Doverspike, an adult individual, who resides at 66 East Main Street Plainfield, Cumberland County, Pennsylvania 17081. 2. Defendant is John E. Doverspike, an adult individual, who resides at 66 East Main Street, Plainfield, Cumberland County, Pennsylvania 17081. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on July 26, 2002 in Mt Holly Springs, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. COUNT II ALIMONY, ALIMONY PENDENTE LITE AND COUNSEL FEES 9. Paragraphs 1 through 8 are incorporated herein by reference as if set forth in their full text. 10. Plaintiff is unable to provide for, or afford his counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 11. Plaintiff is without sufficient property and otherwise unable to financially support herself and her children. 12. Defendant is presently employed and receiving substantial income and benefits and is able to pay for counsel fees, expenses and costs, as well as alimony, and alimony pendente lite for Plaintiff. WHEREFORE, Plaintiff requests your Honorable Court to enter an Order requiring Defendant to pay for Plaintiffs counsel fees, expenses, and costs as well as providing for payment of appropriate alimony and alimony pendente lite for Plaintiff. COUNT III EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text. 14. Plaintiff and Defendant are owners of various items of personal property, furniture and household furnishings acquired during their marriage, which are subject to equitable distribution. Additionally, Defendant has retirement earnings in the form of a 401(k) plan 15. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 71320 Attorney for Plaintiff 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. Date` on A. Doverspike, Plaintiff 0 ROL -=?CE nr TI ' IHID K y . , Pell Ca ?d . 338,SO G2 a1'/7 'I a fs as' FILED-OFFICc 1 44 5J 7 A 'XI E P ! iL C I' i 0 41'i_,' t T 2011 MAY -5 PM 3: C'UMBERLAN'D COUNTY PENN `fLW 141A LORI A. DOVERSPIKE, Plaintiff V. JOHN E. DOVERSPIKE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-3247 CIVIL TERM IN DIVORCE PRAECIPE TO AMEND DIVORCE COMPLAINT TO THE PROTHONOTARY: Please amend the above captioned matter to include sections 3301C and 3301D of the Divorce Code. Respectfully submitted, Rominger & Associates Date: c Karl R. Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff LORI A. DOVERSPIKE, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW JOHN E. DOVERSPIKE, : NO. 09-3247 CIVIL TERM Defendant : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a counter-affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on or arouncOL obor 200 , and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. § 4904 relating to unworn falsification to authorities. Dater L A. Doverspike/Plaintiff LORI A. DOVERSPIKE, Plaintiff V. JOHN E. DOVERSPIKE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-3247 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Karl E. Rominger, Esquire, do hereby certify that I served a copy of the Praceipe to Amend Divorce Complaint upon the following by depositing same in the United States mail, certified, with return receipt, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Sheri D. Coover, Esquire 44 South Hanover Street Carlisle, Pennsylvania 17013 Respectfully submitted, Rominger & Associates Date: Karl ominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 81924 Attorney for Plaintiff LORI A. DOVERSPIKE, Plaintiff V. JOHN E. DOVERSPIKE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09-3247 CIVIL TERM : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because Check (i), (ii) or both): (i) period of at least two years. (ii) 2. Check either (a) or (b): The parties to this action have not lived separate and apart for a The marriage is not irretrievably broken. (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit 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. Date: John E. Doverspike, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. LORI A. DOVERSPIKE, V. JOHN E. DOVERSPIKE, Defendant IN THE COURT OF COMMON PLEAS Or THE , PT rrw, Q" /IT I i.,, fyr /IT T" 4n-r, P T AND C(-%T TXTTY .. . CIVIL ACTION - LAW NO. 09-3247 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT c o `? -a 3 = --i cv ? rte.. r- ?rrnn i v? o° <C:7 =c' n 3> 3 ?.; 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 21, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. § 4904, relating to unsworn falsification to authorities. Date -- Lori A. Doverspike, Plaintiff LORI A. DOVERSPIKE, : IN THE COURT OF COMMON PLEAS OF THE Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW -ate --- m rn ? JOHN E. DOVERSPIKE, z :NO. 09-3247 CIVIL TERM Wr'- i Defendant : IN DIVORCE , °' ? c -° ? 5; c? AFFIDAVIT OF CONSENT C`? r'n- .. r- am CD° -+© X .41 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on May 21, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. § 4904, relating to unsworn falsification to authorities. Date: John E. Doverspike, Defendant LORI A. DOVERSPIKE, : IN THE COURT OF COMMON PLEAS OF THE Tll.-...-, r'T rTJl? T`T*T 1 A.TD C 7 T T'-"l r, T-1 T j C T ,4 -% TT ..:A_..:.... .. v _ . 17:?? .L,t.? ? :_, .. 1 _ 1 .._... _ , ._. L _ ... V. : CIVIL ACTION - LAW JOHN E. DOVERSPIKE, :NO. 09-3247 CIVIL TERM Defendant : IN DIVORCE c "n ?rn ? ` z-n = rn- z -v WAIVER OF NOTICE OF INTENTION Ica o TO REQUEST ENTRY OF A DIVORCE DECREE _ ? c) UNDER § 3301(c) OF THE DIVORCE CODE 5;$ :. w C r -? 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. §4904, relating to unsworn falsification to authorities. ?.Z. Lori A. Doverspike, Plaintiff LORI A. DOVERSPIKE, : IN THE COURT OF COMMON PLEAS OF THE Plaintiff : CUMBERLAND COUNTY, PENNSYLVA NIA V. : CIVIL ACTION - LAW JOHN E. DOVERSPIKE, :NO. 09-3247 CIVIL TERM c ° Defendant : IN DIVORCE S - r-- rn W r M WAIVER OF NOTICE OF INTENTION t+J ?. ' TO REQUEST ENTRY OF A DIVORCE DECREE °1 UNDER § 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. §4904, relating to unworn falsification to authorities. Date: 7 ohn E. Doverspike, Defendant 1e i lip t SETTLEMENT AGREEMENT THIS AGREEMENT, made this day of L --k 2011 by and between JOHN E. DOVE RSPIKE(hereinafter referred to as "H band") c -0 3 = AND rn ` LORI DOVERSPIKE (hereinafter referred to as "Wife") .r ca ? ARTICLE ONE A SEPERATION 1.1 SEPERATION OF PARTIES. The parties have acknowledged that due to irreconciliable differences they have a desire to live separately and apart. 1.2 INTENTION TO LIVE APART. The parties intend to maintain separate domiciles and intend to live at these domiciles apart from each other. ARTICLE TWO SPOUSAL SUPPORT. ALIMONEY PENDENTE LITE ALIMONY AND COUNSEL FEES 2.1 CONSIDERATION. The parties agree to waive any future claims of spousal support, c? --t rn -VM s-+° n-" ZZ - ?n --sue alimony pendente lite, alimony and counsel fees against the other party. ARTICLE THREE PROPERTY DISTRIBUTION 3.1 EQUITABLE DISTRIBUTION. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 401 of the Pennsylvania Divorce Code. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. 3.2 PERSONAL PROPERTY. The parties agree that they have effectuated a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them and they mutually agree that each party shall be the sole and separate owners of all such tangible personal property in his or her possession from and after the date of the execution of this agreement. L 3.5 SAVING AND CHECKING ACCOUNTS. The parties agree that since the date of separation they have maintained separate bank accounts and hereby waive any claims to any monies in any account which is maintained by the other party as of the date of the signing of this agreement. 3.6 PENSION PLAN. The parties agree that they release and waive any claim in the opposite spouse's pensions and/or retirement plans (if any) accumulated before, during or after the marriage. 3.7 DEBTS. The parties agree to a satisfactory division of the debts accumulated during the marriage. The parties agree that they will hold the other party harmless for any debts incurred or brought to their attention after the date of separation. GENERAL PROVISIONS 4.1 TAXES. The parties shall file separate federal, state and local tax returns for the tax year 2010 and all years following. The parties shall not make a claim for any refunds, stimulus checks or other monetary compensation related to the filing of said returns. Both parties shall cooperate in providing all necessary documentation to the tax preparer to allow for a complete and timely filing of any returns. 4.2 HEALTH INSURANCE. The parties agree that they will maintain their own health insurance as of the date of the execution of this Agreement. 4.3 FULL DISCLOSURE. Each party acknowledges that they have made full disclosure to the other party as to the size, degree and extent of their income, assets and debts which are relevant to any claims for spousal support, alimony, alimony pendente lite, counsel fees and equitable distribution. 4.4 REPRESENTATION BY INDEPENDENT COUNSEL. Each of the parties acknowledge that they have the right to be represented by independent counsel in the execution of this agreement. Husband is represented by Sheri D. Coover, Esquire and Wife is represented by Karl Rominger, Esquire. 4.5 AGREEMENT VOLUNTARY AND CLEAR. The parties acknowledge that he or she respectively: a). Is fully and completely informed as to the facts relating to the subject of this Agreement and as to the rights and liabilities of both parties under the law; b). Enters into this Agreement voluntarily after receiving the advice of legal counsel or having had the opportunity to do so; c). Has carefully read each provision of this Agreement; d). Fully and completely understands each provision of this Agreement. 4.6 AMENDMENT OR MODIFICATION. This Agreement may be amended or modified only by a written instruction signed by both parties. 4.7 SUCCESSORS AND ASSIGNS. Unless otherwise provided herein, this Agreement will be binding on the parties respective legatees, devisees, heirs, executors, administrators, assigns and successors in interest of the parties hereto. 4.8 LAW GOVERNING AGREEMENT. This Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Pennsylvania in effect at the date of execution hereof irrespective where in the world either or both of the parties may reside. Any disputes that may arise in connection with this Agreement shall be resolved in the Court of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals, intending to be legally bound hereby, the day and year above written. JOHN E. DOVERSPIKE Wit ss LORI DOVERSPIKE COMONWEALTH OF PENNSYLVANIA : COUNTY OF PENNSYLVANIA On this day of 20 , before the undersigned officer appeared JOHN E. DOVERSPIKE kno to me (or satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that he executed this agreement for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hal Viand official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Valerie F. Gsell, Notary Public Carlisle Boro, Cumberland CountY Commisslon res Oct. 9, 2014 Member. PennsWania A atton d NotnlK COMMONWEALTH OF PENNSYLVANIA SS : COUNTY OF PENNSYLVANIA NOTARY PUBLIC SEAL On this ? day of. 20-U, before the undersigned officer appeared LORI DOVERSPIKE, known to me (of satisfactorily proven) to be the same person whose name is subscribed to the within instrument and acknowledged that she executed this agreement for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Tammie L. Peters, Notary Public Carlisle Boro, Cirnbedand County My Commission E)#res Sept 9, 2011 Member, Pennsylvania Associatlon of Notaries LORI A. DOVERSPIKE, : IN THE COURT OF COMMON PLEAS OF THE Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA c P-0 - rn ao v. : CIVIL ACTION - LAW Z? c -,r- JOHN E. DOVERSPIKE, : NO. 09-3247 CIVIL TERM ?? Ica Defendant : IN DIVORCE Xd -Tj C.) -n >? w j PRAECIPE TO TRANSMIT RECORD 4 4- 3;! 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 § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: May 21, 2009, was served on Defendant by First Class Mail, Certified, and Return Receipt Requested and an Acceptance of Service was signed for on May 9, 2011, acknowledging receipt of the same prior to June 19, 2009. A copy of the Acceptance of Service was field with the Court on May 18, 2011. Date of execution of the affidavit of consent required by § 3301(c) or The Divorce Code: by the Plaintiff July 6, 2011; by the Defendant July 5, 2011. 4. Related claims pending: None 5. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on July 6, 2011; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: on July 6, 2011 Date: July 6, 2011 Karl . Rominger, Esquire 155 South Hanover Street Carlisle, Pennsylvania 17013 717) 241-6070 Supreme Court I.D. # 81924 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Lori A. Doverspike V. John E. Doverspike NO. 09-3247 DIVORCE DECREE AND NOW, L 7,0 1/ , it is ordered and decreed that Lori A. Doverspike , plaintiff, and John E. Doverspike , 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.") A Marital Settlement Agreement is incorporated into but is not merged with the divorce decree. By the Court, Aft J. BvotC Prothonotary cvt ?o g