Loading...
HomeMy WebLinkAbout02-3118ROBERT WOODRING, Plaintiff LINDA WOODRING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- ..~//~' ~ 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 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 Telephone (717) 249-3166 ROBERT WOODRING, Plaintiff V. LINDA WOODRING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02- .~ll~ CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Robert Woodring, who currently resides at 860 Grantham Road, Cumberland County, Mechanicsburg, PA 17055. 2. Defendant is Linda Woodring, who currently resides at 860 Grantham Road, Cumberland County, Mechanicsburg, PA 17055. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 6, 1976 in Wormleysburg, Pennsylvania. 5. 6. 7. There have been no prior actions of divome or for annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a decree of divorce. Date: June 28, 2002 MARTSON DEARDORFF WILLIAMS & OTTO By ~!~~ ~~ Thomas J. William squire Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff VERIFICATION The foregoing Divome Complaint 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. Ro ert P. Wood~ C~:atcd: 06/27/02 04:02:55 PM Revised: 06/27/02 04:49:53 PM 7122.102 ROBERT WOODRING, : Plaintiff : . V. LINDA WOODRING, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-31 t q CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Linda Woodring, Defendant in the above divorce action filed in the Court of Common Pleas of Cumberland County, hereby accept service of said Divorce Complaint on the '~ day of ~-~-- ,2002. Linda Woodring ,-IECFIVEL JUL 08 2002 ROBERT WOODRING, Plaintiff V. LINDA WOODRING, Defendant o 2002. 2. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3118 CIVIL ACTION - LAW IN DWORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 28, The marriage of Plaintiffand 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. 4. I understand that I may lose rights concerning alirnony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(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, lawyers 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 diw>rce 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 and 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: /'/c:~- V '- ~ Robert Woodring, Plaintiff/ DEC 09 2002 F:\FILES\DATAF1LE\Gendoc.cur\7122 102-con 1/tde Created: 06/27/02 04:02:55 PM Revised: 12/02/02 02:33:29 PM 7122.102 ROBERT WOODRING, Plaintiff V. L1NDA WOODRING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3118 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on June 28, 2002. I acknowledge receiving a true and correct copy of the Divorce Complaint by personal delivery on July 3, 2002. 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. 4. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(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, lawyers 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 and 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. Linda Woodring, Defendant F:\FILES\DATAFILE\Gendoc.cur~TI22-102,praI/tdc Created: 06/2?/02 04:02:55 PM Revved: 01/02/03 05:50:31 AM '/122.102 ROBERT WOODRING, Plaintiff V. LINDA WOODRING, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3118 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) of the Divorce Code. 2. 3. of the Divorce Code; December 4, 2002; by the Defendant; January 2, 2003. Date and manner of service of the complaint: See Acceptance of Service, as filed. Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: December 20, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: January 2, 2003. Date: January 2, 2003 MARTSON DEARDORFF WILLIAMS & OTTO BY &~iil~. am s,~E sq~uire~*r'~-~ Ten East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff MARITAL SETTLEMENT AGREEMENT This Agreement, made this I~'~ day of ~ ,2002, by and between ROBERT WOODRING of 860 Grantham Road, Cumberland County, Mechanicsburg, Pennsylvania, (hereinafler referred to as "Husband") and LINDA WOODRING of 860 Grantham Road, Cumberland County, Mechanicsburg, Pennsylvania (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on November 6, 1976 in Wormleysburg, Pennsylvania; and WHEREAS, difficulties have arisen between the parties as a result of which they have been separated for about five (5) years, and by this Agreement, wish to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in contemplation of a divorce action being filed concurrently with the execution hereof; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acloaowledge that before signing this Agreement, they have read it carefully and understand the temas of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they'understand the value and extent of all prop erty which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent ofnonmarital property held or expected to be held by each other. NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: 1. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as if he or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all fights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanqing the foregoing language of this paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement a~d shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3. DIVORCE: Both parties agree to conclude a no-fault divorce filed in the Court of Common Pleas of Cumberland County under Section 3301(c) of the Pennsylvania. Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The terms of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jmSsdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 4. DEBTS: A. PROPERTY: Any property that is ctm'ently titled shall stay with the party it is titled to. Except for property on the list marked as Exhibit "A", the parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confirmed. Any untitled personal property set forth on Exhibit "A" hereto and shall go to the person identified on the list regardless of who currently has possession. Husband agrees to store any property going to Wife for up to one (1) year from the date of this Agreement. 6. ENFORCEMENT: If either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specific performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services rendered by pension the non-defaUlting party's attorney in any action or proceeding to compel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging; party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 7. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless fi.om any and all debts and other obligations which he or she may have incurred since; the date of the separation and agrees to indemnify and defend the other party from any claim regarding same. 5. PROPERTY: acknowledge any such document, then the other party shall hw~e, and is hereby granted, the right and power to appoint one or more times any person or persons oflfis or her choosing as attorney-in-fact for the other party to so execute and acknowledge such docmnents. 8. CONTRACT INTERPRETATION.: For purposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly. 9. 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, t~x~gible or intangible, which is or has been acquired by him or her after the date of separation, 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. 10. .ADDRESS AND TELEPHONE NUMBER OF PARTIE~: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affirmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 11. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the final and complete settlement of all matters between them and supersedes any prior written or oral agreements between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fhlly expressed herein. B. This Agreement may not be amended, modified, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either p a~y without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce anypart of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. I. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part of the Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefinitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifically provide otherwise in writing. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above written, intending to be legally bound hereby. Wimess: Robert Woodring, Husb~n~...~ Linda Woodring, W~e ~ COMMONWEALTH OF ~ENNf~YLVANIA ) ): SS. COUNTY OF C/~/~t.~C a.4n.eJ( ) appearedOnRto~eS~ ]o~drind~2fo ~ Cto~,'J~ , 2002, before me, the undersigned officer, personally o e (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF~I NOTARIAL SEAL TRICIA D. ECKENROAD, Notary Public Carlisle Bom. Cumberland Coun~ M~/Comrnissio~ Ex~ires Oct. 23, 2004 hereunto set my hand and official seal. (SEAL) COMMONWEALTH OF PENNSYLVANIA ) ) edO~Ish~ho;d/fi~n~g,d~a~oOwfn t~o m~e ,2002, before me, the undersigned officer, personally appear(or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. TRICIA D. ECKENROAD, Notary Put)lie [ '- (SEAL) Carlisle Roro. CumberlandCoun~ I omm~ssio~ Expires Oct. 23, 2004 I F:~FILES~DATAFILE\Gendoc.cur\7122102-rosa. l Created: 06/28/02 08:42:06 AM Revised: 06/28/02 09:37:17 AM .,UNTITLED PERSONAL PROPERTY Property School desk and chair Washstand and chair Lighthouse books Hummels Library table Wooden stand/dining room Sleigh bed Cherry cedar chest Wife Wife Wife Wife Wife Wife Wife Wife EXHIBIT "A" IN THE COURT OF OF CUMBERLAND STATE OF ~ COMMON COUNTY PENNA. PLEAS ..RQBERT__WOODRING .................................................... Plaintiff Versus ..LINDA__WOODRING ................................................. Defendant N ()...02.=31.1.8 ........................ 19 DECREE IN DIVORCE AND NOW .... ,.~.%n..5..~ ............... ... , u ; 6 i~ 20.03. it is ordered and decreed thot ............... ~0.~.~?.~. ~qqq~.~?.q ................... plointiff, ond ......................... ;~. ~gg~ ................... defendont, ore divorced from the bonds of motrimony. The court retoins jurisdiction of the following cloims which hove been roised of record in this oction for which o finol order hos not yet been entered; herein, by. reference., but. is. not. merged, in~o. ~his. :D~nz~ .....................