HomeMy WebLinkAbout02-1151ANDREA M. VATHIS,
Plaintiff
RANDALL C. VATHIS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
_.
: NO. 02 - J I~ ! CIVIL ACTION - LAW
_.
: 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 the Court may enter a decree of divorce or annulment
against you. 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 grounds for divorce are indignities or irretrievable breakdown of the marriage, you
may request marriage counseling. A list of marriage counselors is available in the
Prothonotary's Office at the Cumberland County Courthouse, Carlisle, Pennsylvania.
1F 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 BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
717-249-3166
ANDREA M. VATHIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
v : NO. 02- 11~I
RANDALL C. VATHIS,
Defendant
: IN DIVORCE
CIVIL ACTION - LAW
COMPLAINT
Plaintiff, Andrea M. Vathis, by her attorneys, Broujos & Gilroy, P.C., sets forth the following:
1
Plaintiff, Andrea M. Vathis, is an adult individual residing at 20 Stone Run Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2
Defendant, Randall C. Vathis, is an adult individual residing at 1413 Silver Creek Drive,
Meehanicsburg, Cumberland County, Pennsylvania.
3
The parties were married on October 22, 2000, in Dauphin County, Pennsylvania.
4
Plaintiff and Defendant have lived continuously in the Commonwealth of Pennsylvania and in
Cumberland County for at least six months prior to the commencement of this action.
5
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.
6
There have been no prior actions for divorce or annulment in this or any other jurisdiction
within the knowledge of the Plaintiff.
7
In accordance with Section 3301(c) of the Divorce Code, the marriage between the parties is
irretrievably broken.
WHEREFORE, the Plaintiff requests your Honorable Court to decree that the Plaintiff be
divorced from the Defendant.
BROUJOS & GILROY, P.C.
BY Hu~be~ X.~G~u
ireAttorney for Pi~fatiff
Broujos & Gi~oy, P.C.
4 North Ha96ver Street
CarLisle, PA 17013
717 - 243-4574
I verify that the statements in the foregoing pleading 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.
Andrea M. Vathis
ANDREA M. VATHIS,
Plaintiff
V.
RANDALL C. VATHIS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1151
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, Austin F. Grogan, Esq., accept service of the Divorce Complaint on behalf of Randall
C. Vathis, Defendant, in the above-captioned case and verify that I am authorized to do so.
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 unswom
falsification to authorities.
Date
Respectfully submitted,
Camp Hill, PA 17011
(717) 737-1956
Attorney for Defendant
ID # 59020
ANDREA M. VATHIS,
Plaintiff
Vo
RANDALL C. VATHIS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1151
:
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION FOR SPECIAL REI JEF
AND NOW, this 31st day of October, 2002, the Defendant, Randall C. Vathis, by and
through his Attorney, Austin F. Grogan, Esq., avers the following in support of this Petition for
Special Relief;
1. The Plaintiff filed a divorce action on or about March 7, 2002 requesting the
Court to grant a divorce between the parties;
2. On or about October 31, 2002 the Defendant filed an Answer raising New Matter
in the form of an Equitable Distribution claim;
3. The parties constructed a home during the brief 14 month marriage, which is
currently occupied by the Plaintiff;
4. The Plaintiff and the Defendant have been attempting to sell the home in that the
Plaintiff placed the home on the market in August 2002 for a ninety day period;
5. Plaintiff requires that she be present as a condition on showing the marital home at
all times and that no lock box be placed on the door to facilitate frequent
showings;
6. Furthermore, the Plaintiff does not permit the listing agent to have a key to the
house to show the home unless she is present;
7. The contract is expired on October 31, 2002 and the Plaintiff is unwilling to
extend the listing agreement for an additional six months;
8. The Defendant has signed the listing extension and wishes to continue the same
realtor, who has akeady established a working relationship with various interested
parties;
9. The Defendant has agreed to reduce the price to sell the house quicker in order to
resolve the economic issues and the Plaintiff refused to respond to the realtors
requests for meetings to discuss the sale of the house;
10. Plaintiff continues to frustrate and delay the ultimate liquidation of the home in
order to strengthen her case in equitable distribution and as is relates to spousal
support claim.
WHEREFORE, the Defendant respectfully requests this Honorable Court to schedule a
Hearing, Order the Plaintiff to sign the listing agreement with Jack Gaughen realtor, who has
been showing the house, Order the Plaintiff to use a lockbox on the door in order to provide
extended times to show the house, and suspend spousal support payments.
Respectfully submitted,
Date
2A~stix~ Fr th' 3G;n°dg~nt~eet~Uir e,(J
Camp Hill, PA 17011
(717) 737-1956
Attorney for Defendant
I.D.//59020
VERIFICATION
I, RANDALL C. VATHIS, verify that the statements made in the foregoing Petition for
Special Relief are true and correct to the best of my knowledge, information, and belief. 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
c. v×Tuls
ANDREA M. VATHIS,
Plaintiff
RANDALL C. VATHIS,
Defendant
full.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1151
CIVIL ACTION - LAW
IN DIVORCE
ANSWER WITH NEW MATTER
1. Admitted;
2. Admitted;
3. Admitted;
4. Admitted;
5. Admitted;
6. Admitted;
7. Admitted.
WHE~REFORE, Plaintiff requests this Honorable Court to enter a Decree of Divorce.
NEW MATTER
EQUITABLE DISTRIBUTION
8. Paragraphs 1 through 7 are incorporated herein by reference as though set forth in
9. Plaimiff and Defendant have acquired property, both real and personal, during
their marriage from October 22, 2000, until January 9, 2002, the date of their separation, which
property is "marital property".
10. Plaintiff and Defendant may have owned, prior to the marriage, property which
has increased in value during the marriage and/or which has been exchanged for other property,
which has increased in value during the marriage, all of which property is "marital property".
11. Plaintiff and Defendant have been unable to agree as to an equitable division of
said property prior to the filing of this Complaint.
WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital
property.
Respectfully submitted,
Date
Austin F. Grogan, Esqui~
24 North 32nd Street
Camp Hill, PA 17011
(717) 737-1956
Attorney for Defendant
I.D. #59020
VERIFICATION
I, RANDALL C. VATHIS, verify that the statements made in the foregoing Answer with
New Matter are true and correct to the best of my knowledge, information, and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904,
relating to unswom falsification to authorities.
Date
R3k~ALL C. VATHIS
In the Court of Common Pleas of
Cumberland County, Pennsylvania
No. ~-'
Civil. 19
To
Prothonotary
19
Attorney~tr.]~m~
No. Term. 19 ~
VS.
PRAECIPE
Filed
19
, Atty.
ANDREA M. VATHIS,
Plaintiff
VS.
RANDALL C. VATHIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COIZNTY, PENNSYLVANIA
02-1151 CIVIL
CIVIL ACTION - LAW
IN DIVORCE
IN RE: DEFENDANT'S PETITION FOR SPECIAL RELIEF
ORDER
AND NOW, this ~ day of November, 2002, a nde is issued on the plaintiff to
show cause why a hearing ought not to be scheduled on this matter. This role returnable twenty
(20) days after service.
BY THE COURT,
11-13-02.
Hess, J.
ANDREA M. VATHIS,
Plaintiff
VS.
RANDALL C. VATHIS,
Defendant
: THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02 - 1151 CIVIL
IN DIVORCE
TO:
Hubert X. Gilroy
Austin F. Grogan
, Attorney for Plaintiff
, Attorney for Defendant
DATE: Monday, January 26, 2004
CERTIFICATION
I certify that discovery is complete as to the claims
for which the Master has been appointed.
(a)
OR IF DISCOVERY IS NOT COMPLETE:
Outline what information is required that is not
complete in order to prepare the case for trial
and indicate whether there are any outstanding
interrogatories or discovery moti3ns.
(bi
Provide approximate date when discovery will be
complete and indicate what action is being taken
to complete discovery.
DATE
C~ FOR PLAINTIFF
COUNSEL FOR DEFENDANT
NOTE:
PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE
FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE
CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE
AT THE MASTER'S DISCRETION.
AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL
OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY
COUNSEL, INDICATING THAT DISCOVERY IS NOT
COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL
STATEMENTS WILL BE ISSUED AT THE MASTER'S
DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A
PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY
IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL
STATEMENTS WILL BE ISSUED IMMEDIATELY.
THE CERTIFICATION DOCUMENT SHOULD BE RETURNED
TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF
THE DATE SHOWN ON THE DOCUMENT.
ANDREA M. VATHIS
Plaintiff,
RANDALL C. VATHIS
Defendant.
: COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-1151- CIVIL ACTION
: 1N DIVORCE
.
:
PRAECIPE TO ENTER APPEARANCE
Kindly enter the appearance of Gerald S. Robinson, Esquire on behalf of the Defendant
in the above-captioned matter.
Respectfully submitted,
ROBINSON & GERALDO
Date: February 16, 2004
Gerald S. Robinson, Esquire
Attorney I.D. No. 27423
4407 North Front Street
P.O. Box 5320
Harrisburg, PA 17110
(717) 232-8525
ANDREA M. VATmS,
Plaintiff
Vs
RANDALL C. VATHIS,
Defendant
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1151
:
: CIVIL ACTION - LAW
: IN DIVORCE
PRAEC~IPE TO WITHDRAWAl, AN
I, Randall C. Vathis, authorize Austin F. Grogan, Esquire, to withdrawal as
above captioned divorce.
counsel in the
Date
ANDREA M. VATHIS,
Plaintiff
V
RANDALL C. VATHIS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 02- 1151 CIVI[LTERM
: IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE tINDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Diivorce Code was filed on March
7, 2002.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about
March 8, 2002.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree of divorce withont notice.
5. 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.
6. 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.
7. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
I verify that the statements made in this affidavit are true and ,correct. 1 understand that false
statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn
falsification to authorities.
Andrea M. Vathis, Plaintiff
ANDREA M. VATHIS,
Plaintiff
V
RANDALL C. VATHIS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: 02- 1151 CIVIL TERM
:
: IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION ~[O REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on March
7, 2002.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about
March 8, 2002.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree of divorce without notice.
5. I understand that 1 may lose rights concerning alimony, division of property, lawyer's
fees or expenses if I do not claim them before a divorce is granted.
6. I understand that 1 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.
7. I have been advised of the availability of marriage connseling and understand that 1
may request that the Court require counseling. I do not request that the Court require
counseling.
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: ~ q~o'V/
ANDREA M. VATHIS,
Plaintiff
vs.
RANDALL C. VATHIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02 - 1151 CIVIL
IN DIVORCE
2004,
ORDER OF COURT
AND NOW, this /~
the parties and counsel having
day of
entered
ifto an agreement
and stipulation resolving the economic issues on June 1, 2004,
the date set for a conference, the agreement and stipulation
having been transcribed, the appointment of the Master is
vacated and counsel can conclude the proceedings by the filing
of a praecipe to transmit the record with the affidavits of
consent of the parties so that a final decree in divorce can be
entered.
BY THE COURT,
cc:
~ubert X. Gilroy
Attorney for Plaintiff
w~erald S. Robinson
Attorney for Defendant
ANDREA M. VATHIS,
Plaintiff
VS.
RANDALL C. VATHIS,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAN£1 COUNTY, PENNSYLVANIA
:
: NO. 02 - 1151 CIVIL
: IN DIVORCE
THE MASTER:
This is the date set
parties in the above
Today is Tuesday, June 1, 2004.
for a conference with counsel and the
captioned divorce proceedings.
Present in the hearing room are the
Plaintiff, Andrea M. Vathis, and her counsel Hubert X.
Gilroy, and the Defendant, Randall C. Vathis, and his
counsel Gerald S. Robinson.
Mr. Robinson entered his appearance on behalf
of the Defendant on February 16, 2004; Mr. Grogan withdrew
by praecipe dated February 14, 2004.
2002,
A complaint in divorce was filed on March 7,
raising grounds for divorce of irretrievable breakdown
of the marriage. The Master has been provided affidavits of
consent and waivers of notice of intention to request entry
of divorce decree so that the divorce can be concluded
Section 3301(c) of the Domestic Relations Code. The
complaint did not raise any economic claims.
On November 1, 2002, the Defendant filed an
answer and new matter. In new matter a claim for equitable
distribution was raised. No claims have been raised by
either party for alimony or counsel fees and expenses.
The Master has been advised that after
negotiations this morning the parties have reached an
agreement with respect to the equitable distribution claim.
The agreement is going to be placed on the record in the
presence of the parties. The agreement as placed on the
record will be considered the substantive agreement of the
parties not subject to any changes or modifications except
for correction of typographical errors which may be made
during the transcription.
Counsel have indicated that because the
agreement is fairly simple in its context that they do not
believe it is necessary for the parties to return later
today to affirm the agreement by signing the transcribed
document. Consequently, we will present the document to the
Court without the signatures of the p~rties affirming the
settlement. However, following the statement of the
agreement on the record the parties will have an opportunity
to assent
record.
to the terms of the settlement as stated on the
they are,
even though they have not affixed their
document.
The Master will prepare
When the parties leave: the hearing room today
therefore, bound by the terms of the agreement
signatures to the
an order for the
Court's signature vacating his appointment. Counsel will
then be in a position to file a praecipe transmitting the
record to the Court requesting a final decree in divorce.
The Master's office will also file the affidavits of consent
and waivers of notice of intention to request entry of
divorce decree which have been provided to the Master this
morning. Mr. Gilroy.
MR. GILROY:
The agreement between the
parties is as follows:
1. The parties waive all further claims of equitable
distribution, and acknowledge that the property in the
possession of Mr. Vathis shall be his sole property and the
property in possession of Mrs. Vathis shall be her sole
property.
2. There exists an escrow fund totalling $54,794.12. The
parties agree that that escrow fund shall be distributed
with the payment of $25,500.00 to Mr. Vathis and a payment
of $29,294.12 to Mrs. Vathis.
3. The above two provisions completely satisfy all
equitable distribution claims between the parties.
4. 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, statutory
allowance, widow's allowance, right of intestacy, right to
take against the will of the other, and right to act as
administrator or executor in the other's estate. Each will
at the request of the other execute, acknowledge, and
deliver any and all instruments which, may be necessary or
advisable to carry into effect this mutual waiver and
relinquishment of all such interest, rights, and claims.
MR. GILROY: I beliew~ that to be the
settlement between the parties.
Mrs. Vathis,
of that settlement?
MRS.
MR.
VATHIS:
GILROY:
you are satisfied with the terms
Yes.
And you agree to the terms and
acknowledge that you are not coming back here to review this
transcript or to sign in any way?
MRS. VATHIS: No.
MR. GILROY: And you are ready to get a
divorce?
MRS. VATHIS: Yes.
MR. GILROY: And you are ready to split up
the money as indicated?
MRS. VATHIS: Yes.
MR. ROBINSON: You've heard what we are
asking you to agree to, are you satisfied with how the
property has been divided?
MR. VATHIS: Yes.
MR. ROBINSON: You agree that a divorce
should be entered?
MR. VATHIS: Oh, yes.
MR. ROBINSON: I have nothing further.
cc:
Hubert X. Gilroy, Attorney for Plaintiff
Andrea M. Vathis, Plaintiff
Gerald S. Robinson, Attorney for Defendant
Randall C. Vathis, Defendant
ANDREA M. VATHIS,
Plaintiff
RANDALL C. VATHIS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: CIVIL ACTION - LAW
:
: NO. 02- 1151 CIVIL
:
: ACTION IN DIVORCE
NOTICE OF ELECTION TO RETAKE FORMER NAME
Notice is hereby given that the Plaintiff in the above matter, having been granted a Final
Decree in divorce from the bonds of matrimony on the day of ,2004,
hereby elects to retake and hereafter use her previous ~ame of Andrea Marie Lacy.
Andrea Marie Vathis
To Be Known As:
Andrea Marie Lacy
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
On the ~ day of . L~L~...~.
appeared Andrea Marie Vathis, known
the within document, and acknowledged that she executed the foregoing for the purpose
therein contained.
, 2004, before me, a Notary Public, personally
to me to be the person whose name is subscribed to
IN WITNESS WHEREOF, I have hereunto set my hand and notarial seal.
Notary Public
Notarial Seal I
Bridget Ann Corcoran, Nota~ Public
Carlisle Boro, Cumberland County
My Commission Expires June 10, 2006
Member, PennsyNania Association ~ Notafle~
ANDREA M. VATHIS,
Plaintiff
V
RANDALL C. VATHIS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1151 CIVIL
:
: CIVIL ACTION - LAW
:
AFFIDAVIT OF SERVICE
1, Hubert X. Gilroy, being duly sworn according to law do depose and state that a copy of the
Complaint and Notice to Plea filed in the above referenced matter was served on Defendant's
Attorney, Austin F. Grogan, Esquire, by certified mail on March 8, 2002. A copy of the
Affidavit of Acceptance of Service, is attached hereto and marked Exhibit A.
ub~ X. G'~,oy, Esquire
Attorney f~ Plaintiff
Bronjos_~_ Gilroy~ P.C.
4 North Hanover Street
Carlisle, PA 17013
717 - 243-4574
Sworn and subscribed
before mc this I (t I~
day
Notary Pt~blic
Notadal Seal
Bridget Ann Corcoran Notary Public
Carlisle Bom, Cumberland County
My Commission Expires June 10, 2006
ANDREA M. ~aintiff~>
V.
RANDALL C. VATHIS,
Defendant
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-1151 !-'
CIVIL ACTION - LAW .
IN DIVORCE
AFFIDAVIT OF ACCEPTANCE OF SERVICE
I, Austin F. Grogan, Esq., accept service of the Divorce Complaint on behalf of Randall
C. Vathis, Defendant, in the above-captioned case and verify thai: I am authorized to do so.
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
Respectfully submitted,
Camp Hill, PA 170IL1
(717) 737-1956
Attorney for Defendant
ID # 59020
ANDREA M. VATHIS,
Plaintiff
v
RANDALL C. VATHIS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: 02-1151 CIVIL TERM
· IN DIVORCE
AFFIDAVIT OF CONSENT AND
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
.SECTION 3301(c) OF THE DIVORCE CODE
1· A Complaint in divorce under Section 3301 (C) of the Divorce Code was filed on March
7, 2002.
2. Defendant acknowledges receipt and accepts service of the Complaint on or about
March 8, 2002.
3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of the filing of the Complaint.
4. I consent to the entry of a final decree of divorce without notice.
5. I understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
6. 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.
7. I have been advised of the availability of marriage counseling and understand that I
may request that the Court require counseling. I do not request that the Court require
counseling.
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:
Andrea M. Vathis, Plaintiff
ANDREA M. VATHIS,
Plaintiff
v
RANDALL C. VATHIS,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-1151 CIVIL
: CIVIL ACTION - LAW
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 (x)3301(c) ()3301(d)(1)
of the Divorce Code. (Check applicable section.)
2. Date and manner of service of the Complaint: March 8, 2002, by Affidavit of
Acceptance of Service by Austin F. Grogan, Esquire, attorney for Defendant Randall C.
Vathis.
3. (Complete either paragraph (a) or (b).
(a) Date of execution of the affidavit of consent reqnired by Section 3301(c) of the
Divorce Code: By Plaintiff: June 1, 2004; Defendant: June 1, 2004.
(b) (1) Date of execution of the Plaintiff's affidavit required by Section 3301(d) of the
Divorce Code: ; (2) Date of service of the Plaintiff's affidavit upon the Defendant:
4. Related claims pending: None.
5. Complete either (a) (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 §3301(c) Divorce was filed with the
Prothonotary: June 15, 2004.
(c) Date Defendant's Waiver of
Prothonotary: June 1, 2004.
~vorce
Hubert X. Gilr~, Esquire
Attorney fo~Plaintiff
Broujos~& Gilroy, PC
4 North Hanover Street
Carlisle, PA 17013
717-243-4574
was filed with the
1N THE cOUrt OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF ~ PENNA.
ANDREA M. VATHIS
Plaintiff
VERSUS
RANDALL C. VATHIS
Defendant
NO. 02 - 1151
DECREE IN
DIVORCE
AND NOW,~~T~~'~, ~ IT IS ORDERED AND
DECREED THAT
ANDREA M. VATHIS
, PLAINTIFF,
AND
RANDALL C. VATHIS
, 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 WHIDH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
BiTHE CO :
ATTEST: /~ . [ /~ j.
~___~L~-: l~ROThONOTary