HomeMy WebLinkAbout05-1978
.
\,,\F1LES\DAT AFILE\General\Current\ 11567 I.coml
Created: 91201040,06PM
Revised: 4/14105 L44PM
Jennifer L. Spears, Esquire
MARTSON DEARDORFF WILLIAMS & OTTO
LD. 87445
10 East High Street
Carlis1e,PA 17013
(717) 243-3341
Attorneys for Plaintiff
DAVID A. SPENCER,
Plaintiff
IN THE COURT OF COMMON PLEAS 0
CUMBERLAND COUNTY, PENNSYLV NIA
v.
NO. 05- /1"1'1 C. ;vd
CIVIL ACTION - LAW
-
It?- r-.
GWENDOLYN A. SPENCER,
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 i the
following pages, you must take prompt action. You are warned that if you fail to do so, the case ay
proceed without you and a decree of divorce or annulment may be entered against you by the C urt
A judgment may also be entered against you for any other claim or relief requested in these pa ers
by the Plaintiff. You may lose money or property or other rights important to you, including cus ody
or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marri ge,
you may request marriage counseling. Upon your request, the Court may require you and ur
spouse to attend up to three sessions. A request for counseling must be made in writing and led
with the Prothonotary within twenty (20) days of receipt of this Notice.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPER Y,
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 0
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE T E
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HE P.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A
LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE AB
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFF
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 South Bedford Street
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
v.
IN THE COURT OF COMMON PLEAS F
CUMBERLAND COUNTY, PENNSYL V NIA
NO. 05- Iq /'1
CIVIL ACTION - LAW
DAVID A. SPENCER,
Plaintiff
GWENDOLYN A. SPENCER,
Defendant
IN DIVORCE
DIVORCE COMPLAINT UNDER SECTION 3301(C) and 3301 (D)
of the DIVORCE CODE
I. Plaintiff is David A. Spencer, who currently resides at 1400 Apple nve,
Mechanicsburg, Cumberland County, Pennsylvania.
2. Defendant is Gwendolyn A. Spencer, who currently resides at 602 Cocklin eet,
Mechanicsburg, Cumberland County, Pennsylvania.
3. Plaintiff and Defendant have been bona fide residents in the Commonweal h of
Pennsylvania for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on May 30, 1981, in Camp ill,
Pennsylvania.
5. The parties separated on April 8, 2005.
6. There have been no prior actions of divorce or for annulment between the part es.
7. The marriage is irretrievably broken.
8. Plaintiff has been advised that counseling is available and that Plaintiff may hav 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.
WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce.
COUNT I
CLAIM FOR EOUIT ABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502 OF THE DIVORCE CODE
10. Paragraphs I through 9 hereof are incorporated by reference.
II. Plaintiff and Defendant are the joint owners as tenants by the entireties of certain r al
estate which is subject to equitable distribution by this Court.
12. Plaintiff and Defendant are the owners of various items of personal property, furnit e
by this Court.
13. Plaintiff and Defendant are the owners of various motor vehicles and bank ac unts
acquired during their marriage which are subject to equitable distribution by this Court.
WHEREFORE, Plaintiff requests the Court to enter a Decree:
A. Dissolving the marriage between Plaintiff and Defendant;
B. Equitably distributing all property owned by the parties hereto; and
C. For such further relief as the Court may determine equitable and just.
MARTS
(
By
Jennife L. S ears, Esquire
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Date: ~\\~\~~
Attorneys for Plaintiff
VERIFICATlON
The foregoing Divorce Complaint is based upon information which has been gathere bymy
counsel in the preparation of the lawsuit. The language of the document is that of counsel nd not
my own. I have read the Divorce Complaint and to the extent that the document is base upon
information which I have given to my counsel, it is true and correct to the best of my kno ledge,
information and belief. To the extent that the content of the document is that of counsel, have
relied upon counsel in making this verification.
This statement and verification are made subject to the penalties of 18 Pa. C.S. Sectio 4904
relating to unsworn falsification to authorities, which provides that if I make knowingl false
averments, I may be subject to criminal penalties.
~()~
David A. Spencer .
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Created 9120104 G%I'M
Revised 4126/{15141PM
Jennifer L. Spears, Esquire
MARTS ON DEARDORFF WILLIAMS & OTTO
LD. 87445
10 East High Street
Carlisle, PA 17013
(717) 243-3341
Attorneys for Plaintiff
DAVID A. SPENCER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 05-1978
CNIL ACTlON - LAW
GWENDOLYN A. SPENCER,
Defendant
IN DIVORCE
AFFIDA VII OF SERVICE
COMMONWEALTH OF PENNSYLVANIA )
: SS.
COUNTY OF CUMBERLAND )
I hereby certify that a copy of the Complaint in Divorce was mailed to Defendant
Gwendolyn A. Spencer at 602 Cocklin Street, Mechanicsburg, P A on April 20, 2005, by certified
mail, restricted delivery, return receipt requested.
Attached is the Post Office return receipt
April 25, 2005.
dated
Sworn to and subscribed
before me thisJU/kday of
April, 2005.
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COMMONWFALfll or rrNNSYLVANIA
Notarial Seal
Mary M, Price, Notary Public
Carlls'e ,Boro. Cumberland County
My Commission Expires Aug. 18.2007
Member, Pennsylvanld ASSOciation of Nofanes
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or on the front ~ space panmlts.
1. Article Addressed to:
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2. ArtIcle Number
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DAVID A. SPENCER,
Plain tiff
)
)
)
)
)
)
)
)
)
vs.
GWENDOLYN A. SPENCER,
Defendant
[I
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2005-1978 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 19
April 2005 and served on the Defendant on or about 26 April 2005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3. I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree in divorce without notice.
i i 2. I understand that I may lose rights concerning alimony, division of property,
I lawyer's fees, or expenses if I do not claim them before a divorce is granted.
,I 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.
If/JdL
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GWENDOL N A. SP CER
Dated:
-,
c
II
DAVID A. SPENCER,
Plaintiff
)
)
)
)
)
)
)
)
)
vs.
GWENDOLYN A. SPENCER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 2005-1978 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 19
Apri12005 and served on the Defendant on or about 26 Apri12005.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of both the filing and service of the complaint.
3, I consent to the entry of a final decree in divorce after service of a Notice of Intention
to Request Entry of the Decree.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 330I(c) OF THE DIVORCE CODE
i
I
I
I 1. I consent to the entry of a final decree in divorce without notice.
II 2. I understand that I may lose rights concerning alimony, division of property,
1\ 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. e.S. Section 4904
relating to unsworn falsification to authorities.
//--,>
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J(/U/LCC . ().. Z'J,;:-L _
DAVID A. SPENCER )
/f c/d :1[/O)~
Dated:
--'
c
----
--
-
DAVID A. SPENCER,
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2005-1978 CIVIL TERM
GWENDOLYN A. SPENCER,
Defendant
IN DIVORCE
PRAECIPE
TO THE PROTHONOTARY:
Please withdraw the claim for equitable distribution and all other economic claims filed on
II
II
my behalf in the above matter.
Date:x 1 0:.1.100')-
,
/"', J
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~/[lJU ," a ,&)~I c
" David A. Spencer ".
1400 Apple Drive
Mechanicsburg, PA 17055
__I
c
c:'
II
DAVID A. SPENCER,
Plain tiff
)
)
)
)
)
)
)
)
)
vs.
GWENDOLYN A. SPENCER,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYL VANIA
CIVIL ACTION - LAW
NO. 2005-1978 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I hereby enter my appearance for the Defendant Gwendolyn A. Spencer in the above
matter and accept service of the Cornplaint effective 26 April 2005, and acknowledge receipt of
a copy of the Complaint at that time.
~
' (dQ
\ )
. Sam L. Andes ~
Attorney for Defendant
Supreme Court ID # 17225
525 North 12th Street
Lemoyne, Pa 17043
(717) 761-5361
27 September 2005
-~
DAVID A. SPENCER.
Plaintiff
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY.
PENNSYLVANIA
vs.
CIVIL ACTION - LAW
NO. 2005-1978 CIVIL TERM
GWENDOLYN A. SPENCER.
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record. together with the following information. to the Court for entry of a
divorce decree:
1. Ground for Divorce: Irretrievable breakdown under Section 3301 (c).
2. Date and manner of service of the Complaint: Acceotance of Service bv counsel of
record effective 26 Aoril 2005. Acceotance of Service filed contemooraneouslv herewith.
3. Complete either Paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301 (c) of the
Divorce Code: by Plaintiff: 18 October 2005 by Defendant: 18 October 2005
(b) (1) Date of execution of the Affidavit required by Section 3301 (d) of the Divorce
Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the
Respondent:
4. Related claims pending: None
5. Complete either (a) or (b):
(a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit
Record. a copy of which is attached:
(b) Date Plaintiff's Waiver of Notice in Section 3301 (c) Divorce was filed with the
Prothonotary: Dated 18 October 2005. filed contemooraneouslv herewith. Date Defendant's
Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: dated 18 October
2005. filed contemooraneouslv herewith.
..~~
B~ Andes
Attorney for Defendant
Date: 2 I f) ;\-;)baL 4x:j;
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
PENNA.
DAVID A. SPENCER,
Plaintiff
No.
2005-1978
VERSUS
GWENDOLYN A. SPENCER,
Defendant
DECREE IN
DIVORCE
AND NOW,
(JUG O-v .z ~'
DAVID A. SPENCER
2005
, __, IT is ORDERED AND
DECREED THAT
, PLAINTIFF,
GWENDOLYN A. SPENCER
AND
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY,
THE COURT RETAiNS JURISDiCTION OF THE FOLLOWING CLA~'MS WHICH HAVE
BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
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PROTHONOTARY .
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