Loading...
HomeMy WebLinkAbout02-2351ROBERT F. PARKS, JR., Plaintiff PATRICIA LYNN PARKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - .~'1 CIVIL TERM : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 330t(c) OF THE DIVORCE COD; NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Robert F. Parks, Jr., an adult individual currently residing in Germany as a member of the U.S. Air Force and having a mailing address of CMR477 Box 199, APO, AE 09165. 2. The defendant is Patricia Lynn Parks, an adult individual residing at 402 East Old York Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on June 30, 1990, in Williamsburg, Virginia. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. May 06, 2002 /JR., Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF ROBERT F. PARKS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff PATRICIA LYNN PARKS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION. LAW -' NO. 02 -,A 3~'! CIVIL TERM : : IN DIVORCE NOTICE 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 in 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, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-243-3166 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 170t 3 (717) 243-6090 ATTORNEY FOR PLAINTIFF ROBERT F. PARKS, JR., Plaintiff PATRICIA LYNN PARKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 2351 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. t920.4 (a)(1)(i) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about May 15, 2002, by certified mail "restricted delivery", addressed to the defendant at 402 East Old York Road, Carlisle, Pennsylvania 17013, by certified mail, return receipt No. 7000 1670 0001 8777 5240. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. May 20, 2002 H~ Attorney for plaintiff ~ PS Form 3811, August 2001 0 Agent D. Is dalNmy addl~ea d#~llt frem Iml'l Yea ff YES, e~ter dMNe~ ~:ldm~ bMow: No [] In~ M~I 0 C.O.D. 4. Re~itflcted ~ ~=xOa Fee Domestic Return Receipt 102595-01 .~1 (Endo~ernent Required) (Endorsement Requ red) Postmark Here ROBERT F. PARKS, JR, Plaintiff PATRICIA LYNN PARKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 2351 CIVIL TERM IN CUSTODY COMPLAINT FOR CUSTODY NOW comes the plaintiff, by her attorney, Harold S. Irwin, III Esquire, and files this complaint and agreement for custody, representing as follows: 1. The plaintiff, Robert F. Parks, Jr., is an adult individual residing in Germany while on active duty with the U.S. military. 2. The defendant, Patricia Lynn Parks, is an adult individual residing at 402 East Old York Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties are the natural parents of two minor children, namely, Robert F. Parks, III (age 11, born February 19, 1991), Gina R. Parks (born age 9, born March 9, 1993). 4. The defendant is also the natural mother of another minor child, namely Samantha M. Perry (age 12, born October 18, 1989), which child the Father intends to adopt, the petition for which, executed by both parties hereto, has been filed with this Court. 5. The children have resided with both of the parties during their marriage except during times of separation due to marital difficulties or when caused by the requirements of plaintiff's military service. All of the children now reside with the defendant. 6. The plaintiff has not participated as a party, witness or in any other capacity in other litigation concerning the custody of the children in this or another court. 7. The plaintiff has no information regarding any other custody proceeding concerning the children pending in a court of this Commonwealth. 8. The plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 9. The plaintiff believes and therefore avers that the best interests and permanent welfare of the children require that the parties have joint legal and physical custody of the children in accordance with their mutual agreement. 10. Both parties, as evidenced by their joint execution of this complaint, have mutually agreed upon an amicable arrangement for the legal, physical and temporary custody of the children and request the Court to enter an order without the necessity of a hearing, providing that: A. The parties shall have joint legal custody of the children. B. Mother shall have pdmary physical custody of the children, subject, however, to the Father's rights of visitation and temporary physical custody as mutually agreed. The parties acknowledge that both have a close relationship with the children and both agree that both parents should have as much contact with the children as possible. C. The parties agree to cooperate fully to coordinate these temporary physical custody times as well as to share holiday time on as much of an equal basis as possible. Father shall always have the children on Father's Day and Mother will always have the children on Mother's Day. D. The parties shall have reasonable telephone contact with the children while the children are in the other parent's custody. E. The parties will keep each other advised immediately relative to any emergencies concerning the children and shall further take any necessary steps to ensure that the health, welfare and well being of the children are protected. F. The parties shall do nothing that may estrange the children from the other parent or injure the opinion of the children as to the other parent or which may hamper the free and natural development of the children's love or affection for the other parent. G. The Father agrees to pay to the Mother the sum of $1,000.00 per month for the support of the children. The Mother agrees that in the future, should any of the children begin living primarily with the Father, or as each child reaches the age of eighteen years or graduates from high school (whichever last occurs), then the Father shall be entitled to a prorata reduction in child support. H. HUSBAND will be entitled to the dependency exemption for the parties' children. However, if WIFE returns to full-time employment, then WIFE shall be entitled to the exemptions as long as the children are residing with her. In either case, HUSBAND shall be entitled to the exemption for any child living with him during at least 50% of the tax year. I. HUSBAND shall also provide 100% of the medical and dental insurance coverage for the children as long as he is in the military. Upon his leaving the military, HUSBAND shall thereafter pay 50% of the costs of medical and dental insurance for the children for so long as coverage is available to them as children of the parties. J. Any modification or waiver of any of the provisions of this agreement shall be effective on. ly if made in.writing and only if executed with the same formality of this agreement. agreement. OK. In the event of the breach of the agreement of the parties by any party, the nonbreaching party shall have the right to file a petition for contempt of court and to Seek specific performance of the terms of the agreement of the parties. All costs, expenses and reasonable attorney fees incurred by the successful party in any litigation to obtain an order of contempt or specific performance of this agreement shall be recoverable as part of the judgment entered by the court. L. The parties agree that in making this agreement there has been no fraud, concealment, overreaching, coercion or other unfair dealing on the part of the other. M. The parties desire that this agreement be made an order of Court through the Court of Common Pleas of Cumberland County~ and further acknowledge that the Court of Common Pleas of Cumberland County has jurisdiction over the issue of custody of all of the aforesaid minor children and shall retain such jurisdiction should circumstances change and either party desire further or require further modification of said Order. WHEREFORE, the plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the child as aforesaid. VERIFICATION AND CONFIRMATION OF AGREEMENT We do hereby verify that the acts set forth in this complaint are true and correct. We understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unsworn falsification to authorities. Furthermore, by the execution of this Confirmation, we do each unequivocally express our mutual and voluntary agreement to the amicable custody arrangement provided above and request that the terms thereof be entered as an Order of Court without the necessity of a custody conciliation, hearing or other proceeding. ROBER'r-F. PARK~, JR. (SEAL) Date:J~4/~Z,o(:~.--- PATRICIA LYNN PARKS COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the ~ ~ay of /u(,~ ,2002, before me, the undersigned officer, personally appeared ROBERT F. PARKS, JR., known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that he executed same for the purposes therein contained. hereunto IN WITNESS WHEREOF, I /~y ,,o,i ~.~ ~ Notary Public Notarial Seal HaroJd S. Irwin III, Nota~/Public Cadtsle Bom, cu~nbedand County My Commission Expire-~ Sept. 23. 2002 Member, Pennsylvania Association ot Notaries (SEAL) COMMONWEALTH OF PENNSYLVANIA : :SS: COUNTY OF CUMBERLAND : On this, the ~t ~'day of ~'~ ,2002, before me, the undersigned officer, personally appeared PATRIClA LYNN PARKS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument and acknowledged that she executed same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto Notarial Seal HeroJd S. Irwin III, Nota~J Public Carlisle Bore, Cun~erland County My Commission Expires Sept. 23. 2002 Member, Pennsylvania Association ot Notaries 7e~ ;a n~d ~.~.~4cia~ (../~L~'~,,' ,-'~~( SEAL ) Notary Public ROBERT F. PARKs, JR. PLAINTIFF V. PATRICLA LYNN PARKs DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2351 CIVIL ACTION LAW IN CUSTODY AND NOW, Tuesda_~y_, June 11, 2002 ., upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. GIlro , Es . , the conciliator, at 4th Floor, Cumberland Court Courthouse, Carlisle on Fri for a Pre-Hearing Custody Confer~n,-~- ~ __ -- day, J~ _ at 9:30 AM ........... ,'xt SUCh comerence, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ -]~tb_ert X, Crilzo,v, £wl. _ Custody Conciliator - The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, p/ease 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEy AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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, Pennsylvania 17013 Telephone (717) 249-3166 JUL ~ $ ZOOZ ~ ROBERT F. PARKS, JR., Plaintiff PATRICIA LYNN PARKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 2351 CIVIL IN CUSTODY COURT ORDER AND NOW, this //~ day of July, 2002, the conciliator being advised that the parties have reached an agreement in the above matter, the conciliator relinquishes jurisdiction. BY THE COURT, ROBERT F. PARKS, : IN THE COURT OF COMMON PLEAS OF Plaintiff V, PATRICIA LYNN PARKS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW : NO. 02 - 235t CIVIL TERM : : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about May 'J3, 200; served upon defendant on or about May 15, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. 2002 ROBERT F. PARKS, JR/' ROBERT F. PARKS~ JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff V. PATRICIA LYNN PARKS, Defendant : CUMBERLAND COUNTY~ PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02 - 2351 CIVIL TERM : : IN CUSTODY PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I Participate in. counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. 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. ~ ~/2002 ROBERT F. PARKS, JR.. ROBERT F. PARKS, JR., : IN THE COURT OF COMMON PLEAS OF Plaintiff V, PATRICIA LYNN PARKS, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02 - 235t CIVIL TERM : : IN CUSTODY WAIVER OF NOTICE OF INTENTION TO REQUES~ _ENTRY OF A DIVORCE DECRE.' UNDER SECTION 3301(C) OF THE DIVORCE COC~ 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a diVorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. 2002 ROBERT F. PARKS, JR.~' 2002 / HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID I1~10. 29920 35 EAST HIGH STREET CARLISLE PA 1 {7t7) 243-6090 ATTORNEY FO[ ROBERT F. P r013 PLAINTIFF ARKS, JR., Plaintiff PATRI~iA L~NN PARKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION ,. LAW : NO. 02 - 2351 CIVIL TERM : IN CUSTODY AND consideratio therein, and ORDER OF COURT lOW, this ~:;r~ day of 00/2' upon presentation and of the within complaint and the stipulation and agreement incorporated ~pon agreement of the parties, it is 'hereby ordered and decreed as follows: The parties shall have joint legal custody of the children. 2. / Mother shall have primary physical custody of the children, subject, / however, to,he Father's rights of visitation and temporar:~ physical custody as mutually agreed. The~ parties acknowledge that both have a close, relationship with the children and both agr possible. physical cus~ possible. Fa have the chil while the chi ae that both parents should have as much contact with the children as The parties agree to cooperate fully to coordinate these temporary ody times as well as to share holiday time on as much of an equal basis as ther shall always have the children on Father's Day and Mother will always dren on Mother's Day. The parties shall have reasonable telephone contact with the children Idren are in the other parent's custody. 5.~;The parties will keep eaCh other advised immediately relative to any emergencies~ concerning the children and shall further take any necessary steps to ensure that tle health, welfare and well being of the children are protected. / 6. IThe parties shall do nothing that may estrange the children from the other parent or injure the opinion of the children as to the other parent or which may hamper the free and ~atural development of the children's love or' affection for the other parent. children. Ho~ to the exempl HUSBAND st 50% of the ta 7. The Father shall pay to the Mother the sum of $1,000.00 per month for the support of th~Children. In the future, should any of the children begin living primarily with the Father, or as each child reaches the age of eighteen years or graduates from high school (~vhichever last occurs), then the Father shall be entitled to a prorata reduction in lhild support. HUSBAND will be entitled to the dependency exemption for the parties' vever, if WIFE returns to full-time employment, then WIFE shall be entitled ions as long as the children are residing with her. In either case, ~all be entitled to the exemption for any child! living with him during at least year. 9. ~USBAND shall also provide 100% of the rnedical and dental insurance coverage for the children as long as he is in the military. Upon his leaving the military, / HUSBAND si' children for sc 10. be effective o agreement. 11. nonbreaching seek specific all thereafter pay 50% of the costs of medical and dental insurance for the long as coverage is available to them as children of the parties. ~,ny modification or waiver of any of the provisions of this agreement shall fly if made in writing and only if executed with the same formality of this n the event of the breach of the agreement ,of the parties by any party, the party shall have the right to file a petition for contempt of court and to )erformance of the terms of the agreement of the parties. All costs, expenses and reasOnable attorney fees incurred by the successful party in any litigation to obtain an o~rder of contempt or specific performance of this agreement shall be recoverable a~S part of the judgment entered by the court. / 12. ~he Court of Common Pleas of Cumberland County has jurisdiction over these issues and shall retain such jurisdiction should circumstances change and either party desire firther or require further modification of said Order. / BY THE C~ J I ~lll~Jf iZ, N~j,~0 HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF IN THE COURT OF COMMO~I PLEAS OF i :~I::TL~oNND .COjwNTY' PiNNSYLVANIA ROBERT F. PARKS, JR., Plaintiff PATRICIA LYNN PARKS, Defendant : NO. 02 - 2351 CIVIL TERM : : IN DIVORCE NOTICE You have been sued in court. If you wish to defend against the the following pages, you must take prompt action. You are warned thl the case may proceed without you and a decree in divorce or annulmE against you by the court. A judgment may also be entered against yoi or relief requested in these papers by the plaintiff. You may lose monE other rights important to you, including custody or visitation of your chil When the ground for divorce is indignities or irretrievable breakc marriage, you may request marriage counseling. A list of marriage col in the Office of the Prothonotary, Cumberland County Courthouse, Car 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUL GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT OI NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TEl OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GE' Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-243-3166 claims set forth in ~t if you fail to do so, nt may be entered for any other claim ,y or property or dren. Iown of the ~nselors is available lisle, Pennsylvania PROPERTY, ,MENT IS ~CE. IF YOU DO -EPHONE THE LEGAL HELP. ROBERT F. PARKS, JR., Plaintiff IN THE COURT OF COMMO~ PLEAS OF i CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA LYNN PARKS, Defendant _. ! i CIVIL ACTION ' LAW TE~M NO, 02- ~-'~;I CIVIL : : IN DIVORCE COMPLAINT IN DIVORCE U~DEP AMENDED 3301(0) OF THE DIVORCE C~D~ SECTION NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, E~quire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Robert F. Parks, Jr., an adult iindividual currently residing in Germany as a member of the U.S. Air Force and having a mailing addr,..ss of CMR 477 Box 199, APO AE 09165. 2. The defendant is Patricia Lynn Parks, an adult individual lesiding at 402 East Old York Road, Carlisle, Cumberland County, Pennsylvania 1701: l. 3. The defendant has been a resident of the Commonwealtl' of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on June 30, !990, in Williamsburg, Virginia. ' 5. Pursuant to the Divorce Code, Section 3301(d), the plaintil grounds upon which this action is based that the marriage between the avers as the arties is irretrievably broken and that the parties hereto have lived separate anU apart for a period of at least two years. The parties have lived separate and apart since 1 April 2001. 6. The plaintiff avers that he has been advised of the availability of counseling and that he has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the rr two parties. I verify that the facts contained herein are true and correct. I un statements herein made are subject to the penalties of 18 Pa. C. S. Se to unsworn falsification to authorities. April 2, 2003 arriage between the derstand that false ction 4904 relating ROBE/,~ F~. PARKS, JR., Pla intiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 2992~ / ROBERT F. PARKS, JR., Plaintiff V. PATRICIA LYNN PARKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PINNSYLVANiA : CIVIL ACTION. LAW : NO. 02 - 235t CIVIL TERM : : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this afffida~it, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. ! PLAINTIFF'S AFFIDAVIT UNDER SECTION 33~'1 OF THE DIVORCE COD~= ' 1. The parties to this action separated in April, :2001 and hal separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, di, lawyer's fees or expenses if I do not claim them before a divorce is graf I verify that the statements made in this affidavit are true and cot that false statements herein are made subject to the penalties of 18 Pa. relating to unsworn falsification to authorities. April 2, 2003 ROBERT F. PARK'S, JR. fe continued to live fision of property, ,ted. 'ect. I understand C.S. of 4904 IN THE COURT OF COMMO~ PLEAS OF iCUMBERLAND COUNTY, PINNSYLVANIA ROBERT F. PARKS, JR, Plaintiff PATRICIA LYNN PARKS, Defendant : CIVIL ACTION - LAW : NO. 02 - 2351 CIVIL TERM : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTIOla 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) (b) I do not oppose the entry of a divorce decree. I oppose the entry of a divorce decree because (Check (i), ~ii) or (both): / (i) The parties to this action have not lived separate arid apart for a period of at least two years. / (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): I do not wish to make any claims for economic relief. I unde rights concerning alimony, division of property, lawyer's fee-~ claim them before a divorce is granted. (a) I wish to claim economic relief which may include alimony, d lawyer's fees or expenses or other important rights. (b) I understand that in addition to checking (b) above, I must also file all of my ~ The Prothonotary in writing and serve them on the other party. If I fail to do so befon the Notice of Intention to Request Divorce Decree, the divorce decree may be enten I verify that the statements made in this affidavit are true and correct. I undE statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relal falsification to authorities. PATRICIA LYNN PARKS, Defend; April ,2003 NOTICE: If you do not wish to oppose the entry of a divorce dl not wish to make a claim for economic rellof, you need not flh counteraffidavit. rstand that I may lose or expenses if I do not ivision of property, ,conomic claims with ; the date set forth on d without further delay. 'stand that false ing to unsworn nt mree and you do this ROBERT F. PARKS, JR., Plaintiff PATRICIA LYNN PARKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02 - 2351 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That, he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the amended complaint in divorce was served upon the defendant on or about April 12, 2003, by certified mail "restricted delivery", addressed to the defendant at 402 East Old York Road, Carlisle, Pennsylvania 17013, return receipt No. 7002 0860 0000 1074 1451. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsifi~;ation/l~ authorities. /_/I April 16, 2003 Harold S. Irv~n, III / ~ Attorney for plaintiff~~ · Complete items 1, 2, and 3. Also oomla~e~ · item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r02 E= s+oIJ Yo k 2. Article Number (7;~u~[er from service label) ~J~ Becaiv ~ed by (~_~n~) 3.. Dpte of_Deliver7 ~. is d~y addre~ d~ from rmm 17' If YES, enter delivery address below: [] No 3. Service Type ~ Certified Mall [] Express Mail [] Return Receipt for Merchandise [] C,O.O. 70020860 OOOO 1074 1451' PS Form 3811, August 2001 Dorneetic Return Fte6mpt 102595-02-M-1035 r-1 r'-t Certified Fee ~--I !. ~ Return Receipt Fee ILl TotMPoetage&Feee $ <~. I ,,/ HAROLD E. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF ROBERT F. PARKS~ JR. Plaintiff v. PATRICIA LYNN PARKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - 235t CIVIL TERM : : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: PATRICIA LYNN PARKS, Defendant You have been sued in an action for divorce. You have failed to answer the complaint or file a counteraffidavit to the plaintiff's affidavit. Therefore, on or after May 22, 2003, the plaintiff can request the Court to enter a final decree in divorce. If you do not file with the Prothonotary of the Court an answer with your signature notarized or verified or a counteraffidavit by the above date, the Court can enter a final decree in divorce. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. A COUNTERAFFIDAVlT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. YOU SHOULD TAKE THIS P.ePER 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. Pennsylvania Bar Association Lawyer Referral Service (800) 692-7375 (Pa. Only) ROBERT F. PARKS, JR. Plaintiff PATRICIA LYNN PARKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -. CIVIL ACTION - LAW : NO. 02 - 2351 CIVIL TERM : : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b):  I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or (both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ~'~ I do not Wish to make any claims for economic relief. I understand that I may IosL~'fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I 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. NOTICE: If you do not wish to oppose the entry of a divorce decree and you to not wish to make a claim for economic r~lief, you need not file this counteraffidavit. HAROLD S. IRWIN, Ill, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR pLAINTIFF ROBERT F. PARKS, JR., Plaintiff PATRICIA LYNN PARKS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION. LAW : NO. 02 - 2351 CIVIL TERM : .' 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: Separation of the parties for over two years under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: On or about May 15, 2002, defendant was served with a copy of the divorce complaint by certified mail, restricted delivery, addressed to defendant at 402 East Old York Road, Carlisle, PA 17013. (See Certificate of Service previously filed.) 3. Date of execution by the plaintiff and service upon the defendant of the affidavit under Section 3301(d) of the Divorce Code: Executed by plaintiff on April 2, 2003 and attached to the amended complaint which was served upon defendant on April 12, 2003. (See Certificate of Service previously filed.) 4. Date of execution by the defendant of the counter-affidavit under Section 3301 (d) of the Divorce Code: The defendant's counter-affidavit under Section 3301 (d) of the divorce code, a copy of which was attached to the complaint served upon defendant on April 12, 2003, was executed by defendant on May 14, 2003. (See original Counter-Affidavit filed simultaneously herewith.) 5. Date of service upon plaintiff of the notice of intention to request entry of a divorce decree: Not applicable. The plaintiff executed a waiver of notice on May 10, 2003. (See original Waiver of Notice filed simultaneously herewith.) 6. Date of execution by the defendant of the waiver of notice of intention to request entry of a divorce decree: Not applicable. The defendant was served with a Notice of Intention to Request Entry of a Divorce Decree on or about May 2, 2003. 7. Related claims pending: None July 1, 2003 IN ThE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF ~ PEN NA. ROBERT F. PARKS, .IR , Plaintiff NO. 02- 2351 VERSUS PATRICIA LYNN P~KSt Defendant PLEAS CIVIL TERM DECREE iN DIVORCE AND NOW, DECREED THAT AND ARE DIVORCED FROM THE BONDS Of MATRIMONY. ROBF. RT P PARK.q, JR. , PATRICIA LYNN PARKS ~--~, '~_, IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NOW ATTEST: ROTHONOTARY ROBERT F. PARKS, JR., Plaintiff V. PATRICIA LYNN PARKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 235t CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO I~EQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(C~ OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. /-'//] y /o ,2003 $, JR.