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HomeMy WebLinkAbout06-2724Cindy S. Conley, Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Brian K. Spiegel IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. SPIEGEL, Plaintiff ) V. ) NO. D6- ?7ay 1.1vt LORI ANN SPIEGEL, ) CIVIL ACTION - LAW 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 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, Cumberland County Courthouse, 1 Courthouse Square, 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 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 32 South Bedford Street, Carlisle, PA 17013 Telephone: (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. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. SPIEGEL, Plaintiff ) V. ) NO. LORI ANN SPIEGEL, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COMPLAINT IN DIVORCE Clot (-7" AND NOW comes Plaintiff, Brian K. Spiegel, by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., who states the following in support of the within Complaint: Plaintiff is Brian K. Spiegel, an adult individual who currently resides at 1160 Hearthridge Lane, York, York County, Pennsylvania, 17404-7810. 2. Defendant is Lori Ann Spiegel, an adult individual whose current mailing address is 2001 Mission Drive, Building 81, D.D.C., New Cumberland, York County, Pennsylvania, 17070-5000. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint and the last marital domicile was 61 Longview Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 4. Plaintiff and Defendant were married on December 24, 1989, in Missouri. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act. 6. 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. 7. The parties have lived separate and apart since on or about May 4, 2006. 8. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT I - DIVORCE PURSUANT TO §3301(a)(2) OF THE DIVORCE CODE 9. Plaintiff avers that he is entitled to a divorce on the grounds that the Defendant has committed adultery in violation of her marriage vows and in violation of §3301(a)(2) of the Divorce Code. 10. This action is not collusive. 11. There have been no prior actions for divorce or annulment of the marriage between the parties instituted by either of them in this or any other jurisdiction. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree in divorce pursuant to §3301(a)(2) of the Divorce Code. Date: nZ 0 Respectfully submitted, Cindy S. Conle squire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Brian K. Spiegel VERIFICATION I, Brian K. Spiegel, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. S" l?'6 (o `?, ` Date: Brian K. Spiegel -? 73 ? rn T C-r v cr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. SPIEGEL, Plaintiff V. LORI ANN SPIEGEL, Defendant NO. 06-2724 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Hubert X. Gilroy, Esquire, accept service of the Complaint in Divorce on behalf of Lori Ann Spiegel, Defendant in the above-captioned action, and certify that I am authorized to do so. Date: Hubert X. Gilroy, Esquire BROUJOS & GILROY 4 North Hanover Str t Carlisle, PA 17013 Telephone: (717) 243-4574 Counsel for Defendant Lori Ann Spiegel ti co ?VUES\ 12374\12374. Lpet1 Created: 9/20/04 0:06PM Revised: 9/31/07 0:23PM Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRIAN K. SPIEGEL, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA LORI ANN SPIEGEL, Defendant NO. 06-2724 CIVIL ACTION - LAW IN DIVORCE PETITION RAISING CLAIMS OF ALIMONY. ALIMONY PENDENTE LITE, LEGAL FEES AND COSTS AND NOW, comes the Defendant, Lori Ann Spiegel, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and avers the following: 1. Defendant in the above-captioned action is without sufficient assets to maintain herself during the course of the divorce litigation. 2. 3. Decree. 4. 5. Defendant requests that she be awarded Alimony Pendente Lite. Defendant is without sufficient assets to maintain herself upon the entry of a Divorce Defendant requests that she be awarded Alimony upon the entry of a divorce. Defendant requests that she be awarded Counsel Fees in connection with the defense of the divorce case and that she be awarded reimbursement of costs she may expend in the defense of the divorce case. 6. A conference on spousal support is currently scheduled for September 11, 2007, at 10:30 a.m., before Ms. Cindy Corn. Defendant requests that these two issues by consolidated into one conference. r ;. WHEREFORE, Defendant requests your Honorable Court to award the following relief: A. Alimony Pendente Lite to the Defendant; B. Alimony to the Defendant; C. Legal fees and court costs to the Defendant; D. Direct the conference scheduled for September 11, 2007, at 10:30 a.m., be consolidated with this Petition for Alimony and Alimony Pendente Lite; and E. Such other relief as the Court may deem appropriate and equitable. MARTSON LAW OFFICES By Hubert X. Gi oy, Esquire Jennifer L. pears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant Date: August 31, 2007 VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Lori Spieg ,. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: John C. Howett, Jr., Esquire Howett, Kissinger, Conley & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 MARTSON LAW OFFICES Y Tricia D. Eckenroad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: August 31, 2007 j ro' V3 Z L t` O 10 0 C7 C: N z3- ? f W -ra Cl) -rY (!ice :J "L IN THE COURT OF COMMON PLEAS OF CUMBERLAND :COUNTY, PENNSYLVANIA BRIAN R. SPIEGEL Plaintiff NO. 06-2725 V CIVIL, ACTION - LAW IN DIVORCE LORI ANN SPIEGEL Defendant DRS ATTACH1v NT FOR APL PROCEEDINGS PETITION NAME Lori Spiegel ADDRESS 9246 Northed a Drive, Springfield, VA BERTH DATE SOCIAL SECURITY NUMBER 483-82-5324 HOMEPHONE 703-455-4334 WORK PHONE 202-708-9100 EMPLOYER NAME U.S. General Services Administration EMPLOYER ADDRESS 301 7th Stru t, Rm. 7022, Washin t JOPB TITLE/POSITION Staff Specialist DATE EMPLOYMENT COMMENCED 12/10/2006 GROSS PAY 2552.20 -bi-weekly NET PAY 0 -bi- eekl OTHER INCOME N/A ATTORNEY'SNAME grt X- Gil roy. Es andJennifer L. S ATTORNEY'S ADDRESS - 10 East Hi Rh Street, Carlisle, PA 17013 ATTORNEY'S PHONE NUMBER - 7 7-243-3341 2153 n, DC 20407 pears, Esq. A RESPONDENT NAME ADDRESS 04 Pintail Drive Etters PA 17319 BIRTH DATE 7/19/1964 SOCIAL SECURITY NUMBER 177-58-8559 HOME PHONE 717-805-4930 WORK PHONE 717-770-6677 EMPLOYER NAME USMC Recruiting t i n EMPLOYER ADDRESS Bldg, 54, BAX 5. C Cumberland, I JOB TITLE/POSITION IT Specialist DATE EMPLOYMENT COMMENCED Unknown GROSS PAY Unknown NET PAY OTHER INCOME ATTORNEY'S NAME Tnhn C- Howett. Jr., i e ATTORNEY'S ADDRESS 30 Walnut Street, Harrisburg, PA 1710 ATTORNEY'S PHONE NUMBER t717-783-7200 MARRIAGE INFORMATION DATE OF MARRIAGE 12/24/1989 PLACE OF MARRIAGE Lake of the Ozarks MO DATE OF SEPARATION May 2 006 ADDRESS OF LAST MARITAL HOME 61 iew Drive Mechanicsburg, PA DESCRIPTION OF DOCUMENT RAISING APL CLAIM Petition Raisin Claims DATE APL DOCUMENT FILED A 17070 7055 BRIAN K. SPIEGEL, THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-2724 CIVIL TERM LORI A. SPIEGEL, IN DIVORCE Defendant/Petitioner : PACSES CASE NO: 492109431 ORDER OF COURT AND NOW, this 31 st day of August, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before Cyndi M. Corn on September 11, 2007 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Hubert X. Gilroy, Esq. John C. Howett, Jr., Esq. Date of Order: August 31, 2007 BY THE COURT, Edgar B. Bayley, President Judge f R. J hadday, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 t _ rc? C.0 14 BRIAN K. SPIEGEL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-2724 CIVILTERM LORI ANN SPIEGEL, IN DIVORCE Defendant/Petitioner PACSES Case Number: 492109431 ORDER OF COURT AND NOW, this 24th day of September, 2007, based upon the Court's determination that Petitioner's monthly net income/earning capacity is $ N/A and Respondent's monthly net income/earning capacity is $ N/A, it is hereby ordered that the Respondent pay to the Pennsylvania State Collection and Disbursement Unit One Hundred Sixt Five and 33/100 Dollars ($165.33) per month payable as follows: $165.33 per month for Alimony Pendente Lite and $0.00 per month on arrears. First payment due: next pay date. The effective date of the order is September 11, 2007. Arrears set at $80.39 as of September 24, 2007. Failure to make each payment on time and in full will cause all arrears to become subject to immediate collection by all of the means as provided by 23 Pa.C.S.§ 3703. Further, if the Court finds, after hearing, that the Respondent has willfully failed to comply with this Order, it may declare the Respondent in civil contempt of Court and, at its discretion, make an appropriate Order, including, but not limited to, commitment of the Respondent to prison for a period not to exceed six months. Said money to be turned over by the PA SCDU to: Lori Ann Spiegel. Payments must be made by check or money order. All checks and money orders must be made payable to PA SCDU and mailed to: PA SCDU P.O. Box 69110 Harrisburg, PA 17106-9110 Payments must include the Respondent's PACSES Member Number or Social Security Number in order to be processed. Do not send cash by mail. cc360 This order is based upon an agreement of the parties. Credit is given in the amount of $33,76 from the spousal support account under PACSES # 096108278. This Order shall become final twenty (20) after the mailing of the notice of the entry of the Order to the parties unless either party files a written demand with the Prothonotary for a hearing de novo before the Court. Consented: Mailed copies on: Segember 24, 2007 to: Petitioner Respondent Donald T. Kissinger, Esq. Hubert X. Gilroy, Esq. Petitioner Respondent Petitioner's Attorney Respondent's Attorney B Edgar B. Bayley, J. DRO: R.J. Shadday 0 sy?t s t ? -~? ..?? .: Q<2 -,F:\FILPS\Clients\12374\12374. Lmotion { Created 9/20/04 0:06PM Revised: 9/23/07 2:26PM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRIAN K. SPIEGEL, Plaintiff, V. LORI ANN SPIEGEL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2725 CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Lori Ann Spiegel, Defendant, moves the Court to appoint a Master with respect to the following claims: (x) Divorce ( ) Annulment (x) Alimony (x) Alimony Pendente Lite and in support of the motion states: (x) Distribution of Property ( ) Support (x) Counsel Fees (x) Costs and Expenses (1) Discovery is complete as to the claims (s) for which the appointment of a Master is requested. (2) The Plaintiff has appeared in the action by his attorney, Donald T. Kissinger, Esquire. (3) The statutory grounds for divorce are: 2 year separation (4) Delete the inapplicable paragraph(s): a. The action is not contested. b. An agreement has been reached with respect to the following claims: None c. The action is contested with respect to the following claims: All (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take 1 day. r (7) Additional information, if any, relevant to the motion: None MARTSON LAW By. Hubert X. I.D. No. 2 10 East H Carlisle, PA 17013 (717) 243-3341 Dated: September 25, 2007 Attorneys for Defendant C-M O f SEP Z7 200 e"' BRIAN K. SPIEGEL, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2725 CIVIL ACTION - LAW LORI ANN SPIEGEL, : Defendant. IN DIVORCE ORDER APPOINTING MASTER AND NOW, this day of , 2007, c . Esquire is appointed Master with respect to the following claims: d, T 5? (? Cr. • J 5 cv C_i 4 1 OCT 18 2001P;/' BRIAN K. SPIEGEL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-2724 CIVIL ACTION - LAW LORI ANN SPIEGEL, Defendant IN DIVORCE RULE TO SHOW CAUSE AND NOW, this day of ?, 2007, upon consideration of the within Petition for Relocation, a RULE is granted upon Plaintiff/Respondent to show cause why the relief requested in said Petition should not be granted. RULE RETURNABLE on ?2&N1,w aw , 2007, in Court Room Yof the Cumberland County Courthouse Grp BY THE COURT, f6?l8'O? c6Plrs k,-d. dtI-`e•?•-I6 A V NV ;Aft lr°1, 1;' 6 ? :C Wd 9 1 .130 LODZ R F \FILES\Clients\12374\12374. Lpetrelocmpd Hubert X. Gilroy, Esquire Jennifer L. Spears, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. Nos. 29943 and 87445 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRIAN K. SPIEGEL, Plaintiff V. LORI ANN SPIEGEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-2725 CIVIL ACTION - LAW IN CUSTODY PETITION FOR RELOCATION AND NOW, comes the Defendant, Lori Ann Spiegel, by and through her attorneys, MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER and avers the following: 1. Petitioner is Lori Ann Spiegel (hereinafter "Mother"), who resides at 9246 Northedge Drive, Springfield, Virginia. 2. Respondent is Brian K. Spiegel (hereinafter "Father") who resides at 604 Pintail Drive, Etters, Pennsylvania. 3. The parties are the parents of two minor children: Brandon K. Spiegel, born March 4, 1993, and Britton K. Spiegel, born August 18, 1994. 4. The parties signed a Stipulation for Entry of Custody Order and the Court incorporated the Stipulation as an Order of Court on June 27, 2006. 5. The Stipulation grants Mother primary physical custody, with Father having alternating weekends and three weeks in the summer. 6. The parties agreed that Mother could relocate with the children to Alexandria, Virginia when the Stipulation was signed. 7. Mother and the children subsequently moved to Virginia and have remained there since July, 2006. 8. Mother now wishes to relocate with the boys to Missouri to be closer to her family. 9. Father has forfeited many of his scheduled periods of partial custody with the boys. In fact, he has only spent six (6) occasions with the boys since August of 2006. 10. Mother would propose an alternate schedule for visitation if permitted to relocate: three (3) weeks in the summer with Father, and Christmas and Thanksgiving as in thee current Order. 11. The children are 13 and 14 years old and desire to move with the Mother to the Midwest. They do not want to spend time with their Father as required by the Order of Court and Stipulation, and while their wishes are not the controlling factor, they must be considered. 12. Mother believes a move would result in a substantial improvement in quality of life for both her and the children. 13. It is in the children's best interest for the Court to permit them to relocate to the Midwest with Mother and be closer to her family. 14. Father's attorney, Donald T. Kissinger, Esquire, has been contacted regarding this Petition and does not concur. 15. The Honorable Kevin A. Hess signed an Order entering the Stipulation as an Order of Court. WHEREFORE, Defendant requests your Honorable Court to schedule a hearing to determine whether Mother may relocate with the children to the Midwest. M WLAWCES By Hube . Gilroy, Esquire Jennifer L. Spears, Esquire 10 East High Street Carlisle, PA 17013 (717) 243-3341 Date: Octoberl0, 2007 Attorneys for Defendant CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams Otto Gilroy & Faller, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Donald T. Kissinger, Esquire Howett, Kissinger & Holst, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 MARTSON LAW OFFICES By Tricia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 Dated: October , 2007 J VERIFICATION The foregoing Petition is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. ( --? Lori Spiegbi- i 6 F: \FILES%CGents\ 12374 Spiegel'\ 12374. LAff Plaint Created: 9/20/04 0:06PM Revised: 4/1/09 4:57PM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRIAN K. SPIEGEL, IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA V. W? L/ NO. 06-2;24 CIVIL ACTION - LAW LORI ANN SPIEGEL, Defendant. IN DIVORCE AFFIDAVIT OF CONSENT May 12, 20061 • A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on . 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 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: 2- +?1 c` 0 q Brian K. Spiegel, Plain ' f F LED-?4t"r` OF THE l THC'ARY 2009 APR -2 PM 1: 03 PSM f, Mol F:\FILES\CGentsV 2374 Spiegel` 12374.1. Waiver Plaint Created: 9/20i04 0:06PM Revised: 411/09 5:00pM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRIAN K. SPIEGEL, Plaintiff, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LORI ANN SPIEGEL, Defendant. a7aLI NO. 06-2-72? CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c) AND & 3301(d) OF THE DIVORCE ODE I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division ofproperty, 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 waiver 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: Z- 9' Brian K. Spiegel, Plainti f ,VFICE OF TWE COI PO OTA Y 2003 APR -2 PM 1: Q 3 rt IYVI Created: 9/20/04 0:06PM Revised: 4/7/09 7:17AM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRIAN K. SPIEGEL, V. IN THE COURT OF COMMON PLEAS OF Plaintiff, CUMBERLAND COUNTY, PENNSYLVANIA LORI ANN SPIEGEL, Defendant. ??aU NO. 06-2-5 CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 12, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of 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 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. 1`t I Z ?0 d°I Date: Lori A Spie 1, Defen nt ?? Created: 9/20/04 0:06PM Revised: 4/2109 7:17AM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRIAN K. SPIEGEL, Plaintiff, V. LORI ANN SPIEGEL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a7ay NO. 0025 CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(c) AND & 3301(d) 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 waiver 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: dFl [ Z- Z60`1 Lori ASpiege, Defendan 07- T 20H APR `6 Pi J 1! 5 16 1(^+ R \- 1\ t 12374.1. MSA.wpl Created: 7/30104 9:12AM Revised: 3/19/09 15:45pm Hubert X. Gilroy, Esquire I.D. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRIAN K. SPIEGEL, Plaintiff, V. LORI ANN SPIEGEL, Defendant. : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA , 7; C( NO.06-242=$ CIVIL ACTION - LAW IN DIVORCE MARITAL SETTLEMENT AGREEMENT THIS MARITAL SETTLEMENT AGREEMENT, made this day ofM r 1 2009, by and between Lori Ann Spiegel, of Saint Charles, Missouri (hereinafter referred to as "Wife") and Brian K. Spiegel, of Etters, York County, Pennsylvania (hereinafter referred to as "Husband"): WITNESSETH: WHEREAS, the parties were married on December 24, 1989, in Missouri; WHEREAS, the parties have two minor children, Brandon K. Spiegel, born March 4, 1993, and Britton K. Spiegel, born August 18, 1994; WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of Wife and Husband to live separate and apart, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other, including, without limitation by specification: the settling of all matters between them in relation to the ownership and equitable distribution of real and personal property; settling of all matters between them relating to the past, present and future support, alimony and/or I maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by either party against the estate of the other party. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Husband and Wife, each intending to be legally bound hereby covenant and agree as follows: 1. INTERFERENCE: Each party shall be free from interference, authority, and contact by the other, as fully as though he or she were single and unmarried, except as may be necessary to carry out the provisions of this Agreement. Neither party shall molest the other or 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. 2. AGREEMENT NOT A BAR TO DIVORCE PROCEEDINGS: This Agreement shall not affect or bar the right of Husband or Wife to a divorce on lawful grounds or to any defense as may be available to either party. This Agreement is not intended to condone and shall not be deemed to be a condonation on the part of either party hereto of any act or acts on the part of the other party which have occasioned the disputes or unhappy differences. 3. SUBSEQUENT DIVORCE: The parties hereby acknowledge that Husband filed a Complaint in Divorce in Cumberland County, Pennsylvania on May 12, 2006, claiming that the marriage is irretrievably broken under §3301(c)of the Pennsylvania Divorce Code. The parties hereby express their agreement that the marriage is irretrievably broken and express their intent to execute any and all Affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to §3301(c) of the Divorce Code. The parties hereby waive all rights to request court ordered counseling under the Divorce Code. It is further specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a full and final settlement for all purposes whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. INCORPORATION OF DIVORCE DECREE: It is further agreed, covenanted and stipulated that this Agreement, or the essential parts hereof, shall be incorporated in any decree hereinafter entered by any court of competent jurisdiction in any divorce proceedings that have been or may be instituted by the parties for the purpose of enforcing the contractual obligations of the parties. This agreement shall not be merged in any such decree but shall in all respects survive the same and be forever binding and conclusive upon the parties. 5. EFFECTIVE DATE: The effective date of this Agreement shall be the "date of execution" or "execution date," defined as the date upon which it is executed by the parties if they have each executed this Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 6. DISTRIBUTION DATE: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution" date which shall be defined as the date of execution of this Agreement unless otherwise specified herein. However, the support and/or alimony payments, if any, provided for in this Agreement shall take effect as set forth in this Agreement. 7. MUTUAL RELEASE: Husband and Wife each do hereby mutually remise, release, quit-claim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situated, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part hereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or courtesy, or claims in the nature of dower or courtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as a testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, division of property, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of Husband and Wife to give each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 8. REPRESENTATION BY COUNSEL: This Agreement has been prepared by Hubert X. Gilroy, Esquire, of Martson Deardorff Williams Otto Gilroy & Faller, counsel for WIFE. At the commencement of and at all stages during the negotiation of this Agreement, HUSBAND has been informed that Hubert X. Gilroy, Esquire has acted solely as counsel for WIFE and has not advised nor represented HUSBAND in any manner whatsoever. HUSBAND, at the commencement of and at all stages during the negotiation of this Agreement, has been advised that he could be represented by counsel but at all times has elected not to be so represented. HUSBAND has read this Agreement carefully and thoroughly, fully understanding each of its provisions, and therefore signs it clearly and voluntarily. WIFE has been counseled by her attorney, and the parties together have come up with the following agreement. The parties acknowledge that this Agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this Agreement. The parties acknowledge that each has received or has had the opportunity to receive independent legal advice from counsel of their selection and that they have been informed fully as to their legal rights and obligations, including all rights available to them under the Pennsylvania Divorce Code of 1980, as amended, and other applicable laws. Each party also acknowledges that each has fully disclosed his or her respective financial situations to the other, including his or her property, estate, assets, liabilities, income and expenses, that each is familiar with and fully understands the facts, including the property, estate, assets, earnings and income of the other, and that each has been fully informed as to his or her legal rights and obligations. Each of the parties acknowledges and agrees that, after having received such advice and with such knowledge, this agreement is, in the circumstances, fair, reasonable and equitable, that it is being entered into freely, voluntarily, and in good faith and that the execution of this agreement is not the result of any duress, undue influence, coercion, collusion and/or improper or illegal agreement. The parties further acknowledge that they have each made to the other a full and complete disclosure of their respective assets, estate, liabilities, and sources of income and that they waive any specific enumeration thereof for the purposes of this agreement. 9. WARRANTY AS TO EXISTING OBLIGATIONS: Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided for in this Agreement. Each party agrees to indemnify and hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligations arising out of this Agreement. 10. WARRANTY AS TO FUTURE OBLIGATIONS: Husband and Wife covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party from and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. PERSONAL PROPERTY: Except as otherwise provided herein, the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have heretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. By these presents, each of the parties hereby specifically waives, releases, renounces and forever abandons whatever claims he or she may have with respect to any personal property which is in the possession of the other, and which shall become the sole and separate property of the other from the date of execution hereof. 12. MILITARY RETIREMENT PAY: The husband is retired military and is currently receiving military retirement/retainer pay, a portion of which is marital property. Pursuant to the Uniform Services Former Spouse Protection Act (USFSPA), codified as 10 U.S.C. §1408, as amended, Wife is awarded 35.00% of the Husband's disposable military retirement/retainer pay. Any VA Disability pay awarded to the Husband is his sole separate property Pursuant to 38 U.S.C. § 5301. Wife will be responsible for payment of income tax with respect to the monies she receives. Both parties will execute all necessary documentation and cooperate with respect to preparation of any documentation that must be filed with the military in connection with implementation of this provision. Husband agrees to proceed in a reasonable fashion with filing all such documentation with the military and Wife will cooperate with Husband on that matter. This Agreement contemplates that husband has elected SBP Benefits in connection with his military retirement/retainer pay. Until Wife starts receiving direct payment of the military retirement/retainer pay from DFAS, Husband shall have the obligation of making said payment to Wife with the obligation to be reduced by 13.00% of the 35.00% figure to compensate Husband for payment of federal income tax. For purposes of an example on this provision, Husband's current disposable retirement/retainer is $2,541.27. Wife's entitlement is 35%or $889.44. Until such time as DFAS starts making payments to Wife directly, Husband shall pay $773.82 to Wife which represents a 13.00% reduction for the taxes Husband will be paying on the monies received by him. 13. BANK ACCOUNTS, CERTIFICATES OF DEPOSIT AND LIFE INSURANCE: Husband and Wife acknowledge that all joint bank accounts have been closed and divided to their mutual satisfaction. They hereby agree that each shall become sole owner of their individual bank accounts, certificates of deposit and life insurance policies, and they each hereby waive any interest in, or claim to, any funds held by the other in any bank accounts, certificates of deposit and the cash value of the other's life insurance policies. 14. MOTOR VEHICLES: Husband and Wife agree that each will retain the vehicle in their possession as their own property and shall indemnify the other as to any liabilities, maintenance and insurance payments regarding their respective vehicles. The parties agree to execute any necessary documents to transfer title to their respective vehicles. 15. AFTER-ACQUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all items of property, be they real, personal or mixed, tangible or intangible, which are hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried. 16. APPLICABILITY OF TAX LAW TO PROPERTY TRANSFERS: The parties hereby agree and express their intent that any transfer of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (hereinafter the "Act"), specifically, the provisions of said Act pertaining to the transfers of property between spouses and former spouses. The parties agree to sign and cause to be filed any elections or other documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 17. WAIVER OF ALIMONY: Except as otherwise provided herein, Husband and Wife recognize and acknowledge that the foregoing provisions for their individual benefit are satisfactory with regard to support and maintenance, past, present and future. The parties release and discharge the other absolutely and forever for the rest of their lives for all claims and demands, past, present or future, for alimony, alimony pendente lite or for any provisions for support and maintenance. The parties further acknowledge that in consideration of the transfers made herein, each completely waives and relinquishes any and all claims and/or demands they may now have or hereafter have against the other for alimony, alimony pendente lite, spousal support, counsel fees and court costs, except for alimony pendente lite or spousal support payable by Husband to Wife prior to the date of execution of this Agreement. 18. PENSIONS / RETIREMENT/ INVESTMENT ACCOUNTS: Except as set forth in paragraph 12 above, both parties waive any claims on any 401k's or other pension plans the other party may have. 19. MARITAL DEBT: All marital debt has been paid off or divided to mutual satisfaction. Each party shall indemnify, defend, and hold the other harmless from and against any claims, demands suits, actions or liabilities relating to or arising out of any debt in that party's name. 20. EFFECT OF DIVORCE DECREE: The parties agree that, except as otherwise specifically provided herein, this Agreement shall continue in full force and effect after such time as a final Decree in Divorce may be entered with respect to the parties. 21. 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 or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of reasonable legal fees and costs incurred by the other in enforcing their rights under this Agreement. 22. WAIVER OF CLAIMS: 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 shall now have or hereafter acquire, under the present and 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, courtesy, statutory allowance, widow's 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, and 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 such interests, rights and claims. 23. 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. 24. AGREEMENT BINDING ON HEIRS: This Agreement shall be binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 25. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 26. VOID CLAUSES: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. 27. INDEPENDENT SEPARATE COVENANTS: It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be separate and independent Agreement. 28. FINANCIAL DISCLOSURE: The parties confine that they have relied on the completeness and substantial accuracy of the financial disclosure of the other as an inducement to the execution of this Agreement. 29. MODIFICATION AND WAIVER: A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality 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 defaults of the same or similar nature. 30. DESCRIPTIVE HEADINGS: The descriptive headings used herein are for convenience only. They shall have no affect whatsoever in determining the rights or obligations of the parties. 31. APPLICABLE LAW: This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and more specifically under the Divorce Code of 1980 and any amendments thereto. 32. CHILD SUPPORT: The parties agree to submit to Cumberland County Domestic Relations Office (DRO) current income information for the purpose of DRO to calculate a recommended adjustment in the child support obligation. Once DRO makes those calculations and provides them to the parties, the parties will attempt to agree in connection with the revised support order. Absent an agreement, a support conference shall be scheduled with the DRO for purposes of addressing the appropriate adjustment in child support. In the event the parties themselves are unable to reach an agreement and DRO must render a decision in this matter, the parties agree that April 1, 2009, shall be the effective date for the following; A. Husband's obligation to pay spousal support to Wife shall terminate effective April 1, 2009. B. Husband's child support obligation to Wife shall be recalculated as set forth above in this paragraph with an effective date to be April 1, 2009. C. Wife's receipt of Husband's disposable military retirement/retainer pay as per paragraph 12 above shall be effective as of April 1, 2009, and DRO shall calculate the incomes of the parties to include Wife's receipt of the military retirement/retainer pay. 34. DEPARTMENT OF DEFENSE DOCUMENTS: Wife agrees to surrender both her Military Dependant Identification Card and Military Vehicle Decal to Husband via registered mail on or before April 7, 2009. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the date and year first above written. ?^ EAL) LORI ANN SPI GEL t 2? V WITNESS BRIAN K. SPIEG COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, / c? day of 2009 before me a Notary Public, personally appeared Lori Ann Spiegel, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that she executed the same for t ra•=? contained. PATRICIA M. GROOTHUIS Notary Pubik-Notary Seal State of Missouri, St Charles County Commission # 06427334 IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires Oct 21, 2010 Notary Public COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS On this, the _ day of , 2009 before me, a Notary Public, personally appeared Brian K. Spiegel, known to me to be the person whose name is subscribed to the within Marriage Settlement Agreement and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand ad official seal. Notary Public BRIAN K. SPIEGEL, Plaintiff VS. LORI ANN SPIEGEL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06 - A CIVIL IN DIVORCE ORDER OF COURT 1 AND NOW, this 0 day of , 2009, the economic claims raised in the proceedings having been resolved in accordance with a marital settlement agreement dated April 2, 2009, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: Brian K. Spiegel Plaintiff ? Hubert X. Gilroy Attorney for Defendant eo ?Q S i'Yte? C£ BY THE COURT, .W?COA ? Ed gar B. Bayley, P.J. C'S'C C ? ?J v TILESTlients\12374 Spiegel\ 12374.1. Praecipe.div 84ed: 9/20/04 0:06PM Revised: 4/2/09 1 L25AM Hubert X. Gilroy, Esquire I.D. No. 29943 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Defendant BRIAN K. SPIEGEL, Plaintiff, V. LORI ANN SPIEGEL, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 065 CIVIL ACTION - LAW 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) or 3301 (d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Acceptance of service Filed May 22, 2006. 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; April 2, 2009; by the Defendant; April 2, 2009. (b)(i) Date of execution of the Plaintiff's affidavit required by § 3301(d) of the Divorce code: (b)(ii) Date of filing and service of the Plaintiff's affidavit upon the respondent: 4. Related claims pending: 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached, if the decree is to be entered under Section 3301(d)(1)(i) of the 4r -Avorce Code: (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: April 7, 2009. (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April (v , 2009. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April , 2009. MARTSON LAW OFFICES By-- Hubert X. Gilroy Esquire Ten East High treet Carlisle, PA 7013 (717) 243-3341 Attorneys for Defendant Date: April 2009 OF THE RT"PON 2009 APR -7 P 2: 31 ?J;`! BRIAN K. SPIEGEL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. LORI ANN SPIEGEL No. 2006-2724 DIVORCE DECREE AND NOW, A % ?S z e o 5 , it is ordered and decreed that BRIAN K. SPIEGEL , plaintiff, and LORI ANN SPIEGEL , 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.") Marital Settlement Agreement dated April 2, 2009 is incorporated into this Order. By the Court, --, (,/- ql Attest: J. Prothonotary e ?t? y ti L BRIAN K. SPIELGEL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. LORI ANN SPIELGEL, Defendant/Petitioner CIVIL ACTION - DIVORCE NO. 06-2724 CIVIL TERM IN DIVORCE PACSES CASE: 492109431 ORDER OF COURT AND NOW to wit, this 8th day of June, 2009, it is hereby Ordered that pursuant to the parties' Settlement Agreement of April 2, 2009, the Alimony Pendente Lite is terminated effective April 15, 2009. The Alimony Pendente Lite account is closed with a credit of $219.70 and that credit is directed to the child support case under PACSES # 096108278. 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 T COURT: Edgar B. Bayley, J. DRO: R.J. Shadday xc: Petitioner Respondent Hubert X. Gilroy, Esq. Form OE-001 Worker: 21005 Service Type: M FILED-OFFICE OF THE PPOTHO?MARY 2009 JUN -9 PH 3: 21 CtmsE L4-4b COUNTY PENNSYLVANIA