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Home My WebLink About94-01071 -:c.' .:c-. .:~.>>>' (Co' .:.:.. ,,:C-".:c.' ":C-' .:c. '-'"'.:+> .:c. -:+:. .:+:. .:+:. ':.:0' -:+> .:+> .:.:..)::.>>:;.:.....<xc-:;.:c-:~.:~,:<+>:.:Co:....X4C(~ M -- ~" ,. 8 ~ ~ ~ ~ ~ ~ $ ~ . ~ ~ ~ ~ ~ 'i ~ ~ c, ~ ~ ~ '.' ......~~~.~~:~~~~~.~~~~~~~~~~.~~~:?~~~~.~~~~~~~.~~~.P~~~~~~!.~ated ~ ~.~I)cI,l~.r:Y.. ~.~ \ . ~9.97,. .~f'!. ~.l'\q9;t'P.Q:r~.t.€!Q.. h€!:r~l'I.:i, 1;1;1. .Qtlt. ng1. MeX'i5e.d .berein. ~ ~ IN THE COURT OF COMMON PLEAS ~ ~ OF CUMBERLAND COUNTY STATE OF .. PENNA. ~ ~ ~ e s II Ii N ll. ....:J.QZ1......... ................. 1994 .... G~~GOW{..g.~OWP~N, Plaintiff ., .. ............ .......... ~ s ,;; ~ " '=' Vel'sus RUTH A. GROWDEN, " :1 ......... :1 .'. ~ s Defendant " 0;" i' S w ~ DECREE IN DIVORCE 8 ~ 0;" ~ AND NOW, .... ...--;.J,'Y'~~~....1 ~..,.. 199.7..... it is ordered and decreed that .... ~.r:~!??r:~. ~~~"!~~.~, . . . . .. ... . . . ... . ... .. ... .. plaintiff, and. .. .~I;1:t.~ .~.'. .q;,~~q~ll..... .... .. ...... ................... defendant, are divorced from the bonds of matrimony. ^ $ ~ ~ ..' ~ 8 ~ 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; s .'. ~ ,'~ ~ 8 ~ '.' '. iI. .' .c//:d ..'/ ... ..... . .~I(h~( {' tJ:~(, d..?Z;",~ J. ~.LdL k ~tf" ~Z-.. .. . r ~rOlho"Olnry ~ r.' ~ ~ ~ ~ ~ ?-', --, ',- " , {,;.., .:.:. '-..' '~.' '. a '7 :-: ~ $ ,'. ~ .'~ ~ ~ ... ~ '.' *- '.' ~ $ ~ '.' I~ " l~ I'" i~ i -'''''-._-'.,-- '-~.-- '------..--.-.-,-~,_._,.~,- ., .., - -,.__--.'...+...~, _.....~..~ _.~,' -.' ,~ ~~-~-~~-~~---~*~*-~~*~~. tj./I.4> tAl. t't;p; ~ -i 41\ibu'~ q./I.tJ) .,~ 1~..Pu ~ a.~~, &SEP 0 3 1997 GREGORY L. GROWDEN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. : NO. 94-1071 Civil Term RUTH A. GROWDEN, Defendant : CIVIL ACTION - LAW : IN DIVORCE ORDER FOR AMENDMENT OF DECREE IN DIVORCE AND NOW, this 'I ~ day of J'rre..-W' , 1997, upon consideration of the July 31, 1997 Stipulation of the parties concerning the amendment of the Decree in Divorce, entered by this Court on the 21st day of March, 1997, an Amended Decree in Divorce shall be issued; said Decree to incorporate but not merge the provisions of the parties' January 16, 1997 Marriage Settlement Agreement. By the Court: ,AL. J. i' m.eii:"'t:i~,. r::>,. \"/'I'L" '':', flt''ll &,,1 t~ ~~ ~~ ~_I-' 01-4-; f I ~ l::,:/~'.~,'~.]:l.rt:\=d N.'\, " " I "" . C'~-'vn'" O' '. ..- ,,"'.<:.' / V / I :01 !~V s- J3S L6 Ih^'/t'C'" 1\."-'-"0""" ' ...: -. J, ~o 3.. -'-"....... ....~ ~ :.Ji:1:iO-G::J1i:J . .~. . GREGORY L. GROWDEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 94-1071 Civil Term RUTH A. GROWDEN, Defendant CIVIL ACTION - LAW IN DIVORCE ID"1fIJLATION FOR AMENDMENT OF DECREE IN DIVORCE AND NOW, this "~ /:if day of V:;"t! 1/ , 1997, Plaintiff, " GREGORY L. GROWDEN, and his counsel, Bruce D. Foreman, Esquire, and Defendant, RUTH A. GROWDEN, and her counsel, Thomas M. Kulz, Esquire, enter Inlo the following stipulation: 1. Whereas, On January 16,1997, Ihe parties entered into a Marriage Settloment Agroementln which they agreed that its provisions were to be incorporated but not merged In a Final Decree of Divorce to be entered by the Court of Common Pleas of Cumberland County, and 2. Whereas, a Decree in Divorce was thereafter prepared and forwarded to the Court; said Decree, however., erroneously reFld that the previou!)ly described Agreement was to be "merged herewlt~ but not Incorporated herein", and 3. Whereas, the Decree was issued by the Court on March 21, 1997 with the previously described erroneous statement, and 4, Whereas, the parties have now discovered the erroneous statement contained on the March 21, 1997 Decree and desire to correct the same to accurately reflect the provisions of the January 16, 1997 Marriage Selllement Agreement. NOW THEREFORE the parties agree to the entry of an Amended Decree in Divorce, said Decree to Incorporate but not merge the provisions of the January 16, 1997 Marriage Setllement Agreement. IN WITNESS THEREOF, the parties executfllhis Stipulation and request that this Honorable Court issue an Amended Decree to accurately reflect the provisions of the January 16, 1997 Agreement. /\;4~t:~ rJ A/Zoz(~~ j GREGDRYL. GROWDEN, Plaintiff cite. R TH A GROWDEN, Defendant ;{ { CO? 'Bruce D. F~n~SqUire Plaintiffs Counsel ------;;::)Y ~ Thomas M, Kutz"Esquire Defendant Counsel I .______Ji .... ", ..... i~ ..:J {.. ." ~ I CO ~.i ,,'" pl(? . J ,.' '.- r-< . J_ .' -..; b' ; .~ J .':-. ~( ".l ,',,! rl~ I , '.. ;-: u!~1 n.. lltJ I' l,.1 .:Ju.., .. VI ~: 10 r- :.;) 0 0"' U . . . , , .:.:. .:c. .:+:. .:c. ':+> .:.:. .:c-.:c. <c. ':co <Co .:+:. .:c. .:+:. .:.:..:.:. .:+:. .:+:. .:<<. ':.:':O"':.~"':.:'::':<<'>':.:-__':+> -:+.:- .:.:- <fCo: -:+>: '-;4 - - -~ 8 ~ ..' ~ .' ~ '.' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF '* PENNA. ,;, ~ $. '.' 8 ~ '.' $. '.' w '.' i '.' GREGORY GROWDEN, ,...' "..,.". Plaintiff ~ I N (I. .~9.!~.............. 1994 ~ '.' ~ '.' . ' , . . .. , , . . . I ., ,'. ~, ~ ... VCI'SIIS RUTH A. GROWDEN, w '.' ~ j Defendant .' ~ .' $ * DECREE IN DIVORCE ,', ~ ~l ~ ,; S AND NOW, ....... ..m"",~...~. (."....... 19. ~?.., it is ordered and decreed that ... !l~!lg?fY. !l~?~?!l!l. . . . . . . .. . . . . . . . . .. .. .... .. . . . ., plaintiff, and . .~~:~ .~'. .~~~~~~~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . " defendant. are divorced from the bonds of matrimony. $ ~ ..' w '.' $ 8 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; The Marriage Settlement Agreement between the partiee, dated January 16, s ~ ... ~ '.. ..............., .... ............ ...... ........ ,. ,.. ... ...................., .:' ~ .~???!.~~.~~~~~~.~e~~~~~h.~~.~?~.~~??~~?7~~~.~?7?~~:........ ............. s :j!?!~~.~..~? J. '. ~~~ .f". J5Rk cq . i1 . ~?ProlhonolarY M .' ~ !="' ~ ..' ~ ~ " ~ ~ r..-;;'-.~-;:. . ,~~. .:iti..' ...... ...... ',," . " 8 8 ~ ',' ,;, ~ 8 ~ '~ ~ ,? ,', * 8 ~ ... ,,~ ~ ~ 8 ,', * r, ~ 8 ~ ~ .:, ~ w ~.~ rOl ~-;I i '.' ~ ,', ~ ;i. ~.' ~ '.' * ~ '.' 8 ~ * '*. ,"0' I.,. I~ , . ;s , .:(; I'.' I~ ~ '." ~-.-'._--- ~."~'.- ~,------.---._-~~_.~.~~'~.-' - ,~, -- .,..-.-------.....'-,... ..._,~,.~..- ~..~_.,. -~ ,~ ~__*_*_**___*_______*ro_~' J.,;)/.;) ad. ~~, ~ 4"~""'- .3eY.f? ~~ .M4~ ~ 4.R"~ , . . ' . .' " , . .' MARRIAGE SETTLEMENT AGREEMENT THIS AGREEMENT made this Itc-H.. day of /"H"'~' , 1997 , by and between RUTH A. GROWDEN (hereinafter referred' to as "Wife") and GREGORY L. GROWDEN (hereinafter referred to as "husband"). WHEREAS, husband and wife were lawfully married on December 23, 1~72, in Rockwood, Pennsylvania WHEREAS, as a result of unfortunate differences between the parties, they have, as of the date of this Agreement, lived separate and apart for a period in excess of two years. WHEREAS, a divorce action is pending in the Cumberland County, Pennsylvania, Court of Common Pleas, said action having been filed by the husband as of March 7, 1994, to 1071 Civil 1994, and said county being the husband's county of residence and domicile end said Court thereby having jurisdiM!"ln over thq husband. WHEREAS, the parties, after being properly advised by their respective counsel, wife by her attomey, Thomas M. Kutz, Esquire, husband by his attorney, Bruce Foreman, Esquire, desire to make a comprehensive settlement of their mutual rights and obligations that have arisen as a result of their marriage, and desire and intend to be bound by the following Agreement: THEREFORE, it is Bgreed as follows: 1. Except as otherwise provided in this Agreement, all clothing, household furnishings and other personal property have been divided between the parties to their mutual satisfaction, and neither party will make any claim to such Items that are now in the possassion of the other. 2. a. The husband represents and warrants to the wife that since their separation in December, 1988, he has not, and in the future will not, contract or incur any debt or liability for which the wife or her estate may be responsible and shall indemnify and hold wife harm lass from any and all claims or demands made against her by reason of debts or obligations incurred by him. page 1 b. The wife represents and warrants to the husband that since their separation In December, 1988, she has not, and In the future will not, contract or incur any debt or liability for which the husband or his estate may be responsible and shall indemnify and hold husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her. c. The parties acknowledge and agree that they have no outstanding joint debts and obligations Incurred prior to the execution of this Agreement. 3. a. The husband agrees pay of thirty-five per cent (350,4) of his military Gress Retired Pay Entitlement (GRPE) to the wife as a personal property right authorized under the Uniformed Services Former Spouses' Protection Act (USFSPA), 10 U.S.C. section 1408 et seq. until such time as either party is deceased. In full or partial setisfaction of the payment of thirty-five percent (35%) of the GRPE, the . husband further agrees to direct payment to the wife of thirty-five per cent (35%) of his disposable retired pay as provided by the USFSPA from the Defense Finance & Accounting Service - Cleveland Center. It is understood by both parties that remarriage of the wife shall not affect her entitlement to the receipts of the thirty-five per cent (350,4) portion of the husband's GRPE. The husband hereby provides the wife authority to contact the Defense Finance & Accounting Service - Cleveland Center for express purpose of verifying his Gross Retired Pay Entitlement. It is further agreed that the wife shall be entitled to receive thirty-five per cent (35%) of all future increases in the husband's GRPE via direct payment from the Defense Finance & Accounting Service - Cleveland Center, said future increases shall include but not limited to all cost of living increases (COLA). The husband agrees to take such steps as may be necessary to insure that said future increases are also payable by to the wife in accordance with this Agreement. And it i$ further agreed that the husband shall not be entitled to discharge the obligations described herein by any action for bankruptcy. Further, the husband guarantees to the wife that he shall not merge his military retirement with any other government pension, other employment retirement or disability payments nor take any other action'whatsoever to reduce his military retirement or defeat tho wife's right to share his GRPE and other military retirement benefits as set forth herein. The husband agrees to indemnify the wife regardless of whether the husband merges his military retirement with any future government pension, other employment retirement or disability payments at the same rate and amount that would have been paid to her in the absence of any such merger. b. The parties stipulate that all statutory requirements have been met under the Uniformed Services Former Spouses Protection Act to allow the wife to page 2 c. The husband's social security number is # 187-42-8446. The husband's military service was the Department of the Army. The husband's military pay grade at the time of his retirement from active duty on 31 July 1995 was E - 8. The husband by executing this agreement acknowledges that his rights under the Soldiers' & Sailors' Relief Act of 1940 have been observed. quellfy for 35% of the husband's military GRPE as well as any applicable medical benefits and commissary and post exchange privileges. d. The foregoing provisions concerning the husband's military retirement shall be specifically incorporated but not merged in the Final Decree of Divorce, which shall be entered in the Court of Common Pleas of Cumberland County, Pennsylvania, a court of competent jurisdiction that has jurisdiction over both of the parties. e. The parties agree that the husband's obligation to pay 35% of his military GRPE shall begin upon the entry of the Final Decree of Divorce. f. The husband acknowledges that the previously described payments of his military GRPE to the wife are for payment of a division of property, and that the Defense Finance & Accounting Service - Cleveland Center is requested to provide for same. 4. The parties agree that the wife has obtained, at her sole expense, a life insurance policy on the life of the husband. The wife is designated and considered the sole owner of this policy and is and shall remain solely responsible for the payment of premiums for said policy. Said policy being more fully described as follows: Th(:> Mlrl1nnct 1,1 ff' In~IIr';)nC'P Cnmn:1nv name of issuing company Pollcv Number: 704244 policy number 5. The husband agrees to pay one half (1/2) of the wife's counsel fees. Said payment to be made within thirty (30) days of the date of the entry of the Final Decree of Divorce or the date of the final invoice of the wife's counsel; whichever shall come latter. ~ i ~ page 3 6. The parties agree to cooperate with each other in obtaining a Final Decree of Divorce of the marriage by executing the required affidavits of consent. 7. The Agreement is to be incorporated into the Final Decree in Divorce but shall not be merged therein and, except as herein expressly provided, the terms of this Agreement shall not be modified by the Court. 8. The parties agree to execute such assignments, tilles or other documents as may be necessary or desirable to put into full effect the terms of this Agreement and shall do so upon the reasonable request of the other party. 9. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship, including without limitation, alimony, alimony pendente lite, and right to claim equitable distribution of marital property. This paragraph, however, shall not be construed to terminate husband's obligation to pay spousal support to the wife and the same shall continue until entry of the Final Decree in Divorce. And further, this paragraph shall not be construed to waive any spousal support arrearage owed by the husband to the wife and the husband by executing this agreement acknowledges his continuing responsibility for paymalit of any such arrearage. 10. a. The provisions of this Agreement are fully understood by each party and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Further, each party acknowledges that this Agreement contains their entire understanding and that there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. And further, each party acknowledges that any anti all prior egreements which may have been made or executed or verbally discussed prior to the execution of this Agreement are, as of the date of this Agreement, null and void. b. This Agreement shall be binding upon the parties and their heirs, successors and assigns. 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, and the party breaching this contract shall be responsible for the payment of legal fees and costs Incurred by the other in enforcing their rights under this agreement or for seeking such other remedies or relief as my be available to him or her. c. Any modification or waiver of any of the provisions of this agreement shall be effective only if made in writing and executed with the same formalities as this page 4 .' . . . .01 .. ... . '. 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 default of the same or similar nature. d. This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. IN WITNESS WHEREOF, the parties set their hands and seals ..~Okl';/ ~~ Witness ~ .Y /01 /;/ Iv/., , date tf?, .Z It. O,,.g 1.--< "-oI.L,,,,, Ruth A. Growden (!:;j/ /?p~ Witn 01 )'/17 , daie 0.uYGK.:-7 /L~(d ~ ) egory L. Growden Commonwealth of Pennsylvania County of SOVOl\""'''''''''' Personally aflfleared before me. tl1:s II day o~ . 1991..;._. a ~otary public. :1; and for the Commonwealth of Pennsylvania, Ruth A. Growden, known to me or satisfactorily prover. tll be the person whose name Is subscribed to the within agreemant and acknowledged that she exer'lll..d the same fGr the purposas herein contained. :ss In WItness Whereof, I have sat my hand om " c-;r;t?tt'~ Notary Pub' NOTARIAL"W.l--....:...\ PAl1lIC~ A. THOIMS. Notary ru~~. Som.rIOt Coro, s.:m~l'let Calo:flly, r.\ ..... Ccmmlll::" C..pl", /.Ioy 10. 1~9nl "'1 ____ _...__ Commonwealth of Pennsylvania County of CUM~e;nLo/\,\J() Personally appeared before me, this It. t1t day of ~ANU~' 199...2-. e notary public. In and for the Commonwealth of Pennsylvania, Gregory L. Growden, kn to me or satisfactorily pro\len to be the person whosa name Is subscribed to the within agreement and acknowledged that he executed the same for the purposas herein contained. ,,_~ __I,' "'~... my h... ,...~ ",~ No a Public :ss page 5 NOTARIAL SEAL JUDITH Mm VALE/niNE, Notary Public Ca,IIsl'!.Cumbe,land County MYColllnll~slcn Expires Nov. 12.1998 b- C'I '" ,.. ~ .' S! .:~ 9 ).,.., ,.+:'1 i;.; - -? :-~ u" -,..;:; , (,. .'- e~ ii) N _J ~':: -.1l' c::, ill) 0:;.' F w .1U. U- U- r- ~j 0 D' U . . " GREGORY GROWDEN. Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY. PENNSYLVANIA v. : NO. 94.1071 Civil Tcnn RUTH A. GROWDEN, Defendant CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORQ TO THE PROTHONOTARY: Tran~mit the reeord. together with the following information. to the Court for entry of a divorce deeree: I. Ground for Divorce: irretrievable breakdown under Section X _ 3301(d)(I) of the Divorce Code. 3301(c) or 2. Date and manner of service of the Complaint: Served by Acceptance of Service May 3. 1994. as evidenced by Affidavit tiled May 11,1994. 3. Complete either Paragraph A. or B. A. Date of execution of the Affidavit of Consent required by Section 3301 (e) of the Divorce Code by Plaintiff: February 18. 1997 by Defendant: January 28. 1997 B.l Date of execution of the Plaintiffs Affidavit required under Section 3301(d) of the Divorce Code: B.2 Date of service of Plaintiffs Affidavit upon Defendant: 4. Related claims pending: None :Zi:m:~ 3207 North Front Street Harrisburg. P A 17110 (717)236-9391 Attorney ID # 72657 Attorney for ( X ) Plaintiff ( ) Defendant . ('" -~'''''''''''''i GREGORY L. GROWDEN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. J 071 c:w.;1 I q q 'f : CIVIL ACTION - LAW v. RUTH A. GROWDEN, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against (he claims set forth in the following pages, you must make 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 bc cntcred against you for any other claim or relief requested in (hese papers by the Plaintiff. You may lose money or property or other rights important to you. including cus(ody or visilation of your children. When (he ground for the divorce is indignities or irretrievablc breakdown oflhe marriage, you may request marriage counseling. A list of marriagc counselors is available in the Office of the Prothonotary, Domestic Relations Section. Dauphin County Courthouse, Harrisburg, Pennsylvania. 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 LOST THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOU 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. Court Administrator 4th Fl., Cumbcrland County Courthousc Carlisle. PA 17013 (717) 240-6200 NICHOLAS & FOREMAN By' .-r'?/-:?---/~~~ MICHAEL 1... ROZMAN, ESQUIRl1' . 3207 North Front Street Harrisburg, P A 1711 0 (717) 236-9391 Attorncys for Plaintin' , . . GREGORY L. GROWDEN, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : NO. v. : CIVIL ACTION - LAW RUTH A. GROWDEN, Defendant : IN DIVORCE NOTICIA Le han demandado a usted en la corte. Si usled quiere defenderse de estas demandas expuestas en las paginns siguientes, usted tiene viente (20) dins de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en fonna escrita sus defensas 0 sus objeciones a las demandas en contm de su personal. Sea avisado que si usted no se defiende, la corte tomara medidns y puede enlrar una orden contm usted sin previo aviso 0 notificacion y por cualquier queja 0 alivio que es pedido en la peticion de demanda. Usted puede perder dinero 0 sus propiedades 0 otros derechos importantes pam usted. LLEVE EST A DEMANDA A UN ABOGADO IMMEDA T AMENTE. SI NO THIENE ABOGADO 0 SI NO TIENNE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, V A Y A EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUY A DlRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administmlor 4th FI., Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 NICHOLAS & FOREMAN B ~ ~~;? ~ /1_- y - / ~..." ..,4< ,'v r' ____ MICHAEL L. RO MAN, ESQVIRE 3207 North Front Street Harrisburg, P A 17110 (717) 236-9391 Attorneys for Plaintiff , , " GREGORY L. GROWDEN. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA Plaintiff : NO. v. : CIVIL ACTION - LAW RUTH A. GROWDEN. Defendant : IN DIVORCE WAIVER OF COUNSELING I. 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 participale 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 by the Court. /~l~t~ r16,,~~) rL-~, ) GRE 0 L. GROWDEN . . Plainliff : IN THE COURT OF COMMON PLEAS : CUMBERLANDCOUNTY, PENNSYLVANIA : NO. GREGORY L. GROWDEN, v. : CIVIL ACTION. LAW RUTH A. GROWDEN, Defendant : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, GREGORY L. GROWDEN, by his attorneys, NICHOLAS & FOREMAN. and seeks to obtain a Decree in Divorce from the above-named Defendant, RUTH A. GROWDEN, upon the grounds hereinafter set forth: I. Plaintiff is GREGORY L. GROWDEN, an adult individual, w.imis, presently residing at 311 North Baltimore Avenue, Mt. Holly Springs, Cumberland County, Pennsylvania 17065. 2. Defendant is RUTH A. GROWDEN, an adult individual, W .imis, presenlly residing at RD #1, Box 156, Somerset, Pennsylvania 15501. 3. Plaintiff and Defendant have been bona fide residenls of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 23, 1972 in Rockwood, Pennsylvania. ~..~,:..-- 5. There have been no prior actions of divorce or for annulment between lhe parties. 6. PlaintilTand Defendant arc both citizens of the United States of America. 7. PlaintW'is a member of the armed services of the United States, however, Defendant is not a member of the armed sserviees of the United States. 8. The Plaintiff has been advised of the availability of counseling and she understands that he may request that the Court require the parties to participale in counseling. but avers that she does not require marriage counseling. 9. The Plaintiffavers that the grounds on which the action is based arc: (a) That the marriage is irretrievably broken; (b) That the parties have been separated in excess of two (2) years. 10. Plaintiff requests the Court to enter a Decree in Divorce. Wherefore, Plaintiff prays your Honorable Court to enter an Order dissolving lhe marriage between the parties. Respectfully submitted. NICHOLAS & FOREMAN ./'"1/7 g/; /' By' /.- '7. ---(.,?-'1'1 MICHAEL L. ROZ AN. ESQUIRE 3207 North Front Street Harrisburg. PA 17110 (717) 236-9391 I:,' ;,;:",~~;;i~l.~'---:~ . . .' .' .' VERIFICATION I verify lhat the slalements made in this Pleading are true and correct I undersland <hat false stalements herein are made subject to the penallies of 18 Pa, C.S. ~4904 relaling 10 unsworn falsification to authorities. .~1~~fRi' c-l xj/"r{)~() GRE 0 L. GROWDEN .... ~ .... ~ 'Y' 0 't. '" . 'j ~-.. ~ I' tf'1 ,~ ~ ~ '-' <::::I. .4 ~ ~ t'- ~ -- -=r ~,... '.l.. - r- eM ""'l::><$:. ~ I'- - .. . , 0 ~ ...s> ::r:: .' 't- " :r- .... o' I:' . ,., ... ~ 'J .... 'J ,~cn ".;.) "::> "$ ~ I.r) a10 e ....:::! \J ..... . , -SI -- f...) ~ .,1 - '::;) ~ ... '--' 00 ~ = - ~ < H VlZ << lIJ> ..l..l Q.>O Z Vl ZZ < ! 0:': lIJ ~ ~~ :CllJ :CQ. U !~ 0 . Z Co:: Iii u>o lIJ 0 Eo< l:l > .~~ l<.Z :>: ;" H ~j i~s 0::> 0"< lIJ... l:l 0 ..:"< QO: al Eo<U c." :;:., z 0 ..: ... 0"" H :z: u ::>l:l . 0: > l>:0: Z 0:.: ..l'" C<ll Eo< u< ., "< Z ..l >00-< . <II H lIJl>: l>:Q. <l:l < :>:lIJ 0 ..l Eo<u:l C :::: Q. :c lIJ Eo< :c :.:::> ..: ::> 0 HU C l>: Cl) " - ""'---, ---- ----...,..---------- NICHOLAS & FOREMAN " '. ~ ..... GREGORY L. GROWDEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . . v. NO. 1071 CIVIL 1994 RUTH A. GROWDEN, Defendant IN DIVORCE . . ENTRY 01' APPEARANCE TO THE PROTHONOTARY: Kindly enter my appearance to the above captioned matter on behalf the Defendant, RUTH A. GROWDEN. ~': :'-'C: 4,,/{,",- ~/. Thomas M. Kutz, Esqu re Attorney fot Defen~int i19 East Ma~~et Mechanicsburg, PA 17055 Supreme Court ID. NO. 38887 ,...., ...:..J ":'\" -, :,... ::u ..::>. ":I" ~ :c .... ~ ~ >-... "'.... ~== Wn=->C' ~:r.:c~?:t: ...OO-ot ..t...:I::Q.:;V f:;d-;.c: J !;\-:,-:..t :;; ,.i\:rt;r. ~~.I.JhJ;.c: __ ...:nLU ;::%0.. ....'" ",U CM ....., "" :i'! ~ '. , I .., GREGORY L. GROWDEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 1071 CIVIL 1994 RUTH A. GROWDEN, Defendant IN DIVORCE CBRTIPICATE OP SBRVICE I, Thomas M. Kutz, Esquire, do hereby certify that a true and correct copy of the Appearance entered to the above captio~ed matter was sent on March 29, 1994 to all counsel of record via first-class United States mail addressed as follows: . OJ .::>- By First Class Mail: MICHAEL L. ROZMAN, ESQUIRE NICHOLAS , PORMAN 3207 North Front Street Harrisburg, PA 17110 supreme Court ID. NO. 38887 Dated:j?;I~j1;1;771 ":l- e,-, . ~ ::to ::to - en ....., eo: :i! , .,/ >-.... "'.. ..~ ~~::i.:.t U:t:~:r: ';:OU-t It..-r.-o~ ~"''''':e- ~I :.?"~~l ;.lJ,~:~~ 1...L1.I:.": 'L ..o.:n~ ;~." :% ...=> 0'" , - r-,~",~"~:,,..',,,,,~,,;: . . GREGORY L. GROWDEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 1994.1071 CIVIL TERM RUTH A. GROWDEN, Defendant CIVIL ACTION. LAW IN DIVORCE ANSWER AND COUNTERCLAIM AND NOW, comes the Defendant, RUTH A. GOWDEN, by her attorney, Thomas M. Kutz, Esquire, and avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Denied. Defendant is without knowledge as to adivce received by Plaintiff and therefore, to extent relevant, denies the averment of paragraph 8 pursuant to Pa.R.C.P. 1029(c). 9. Admitted. 10. Denied. For the resons set forth in Defendant's counterclaim, the entirety of Plaintiffs paragraph 10 is denied. . . COI.!NTERCLAIM FQR EQUITABLE DISTRIBUTION OF PROPERTY. ALIMONY, ALIMONY PENDENTE LITE. COUNSEL FEES. COSTS AND EXPENSES 11. Defendant continues to reside in Somerset County, Pennsylvania 12. Defendant believes and therefore avers that Plaintiff continues to reside in Cumberland County, Pennsylvania. 13. Defendant caused her Counter-Affidavit under Section 3301 (d) of the Divorce Code to be filed with this Court on July 24, 1995, and further caused the same to served on Plaintiff's attorney on or about July 25, 1995. 14. In Defendant's Counter-Affidavit she stated her wish to claim economic relief; including alimony, division of property, and attorney's fees. 15. Defendant and Plaintiff did acquire property during their marriage from Decamber 23, 1972, in Somerset County, Pennsylvania until their final separation in Decamber, 1988, in Somerset County, Pennsylvania. 16. Defendant and Plaintiff have not agreeded as to an equitable division of this property. 17. Defendant lacks sufficant property to provide for her reasonable means and is unable to support herself soley through appropriate employment. 18. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 19. Defendant has employed Thomas M. Kutz, Esquire as counsel but is without adequate funds to meet the cost of retaining legal counsel, the cost of traveling to Cumberland County, Pennsylvania, and other costs and expenses of this litigation. 20. Defendant is currently employed at the Revco Drug Store in Somerset, Pennsylvania, and earns approximate net annual wages of Nine Thousand Three Hundred Dollars ($9,300.00). 21. Defendant believes and therefore avers that, as of the date of Plaintiff's filing his divorce complaint, Plaintiff was on active duty with the United States Army and had an annual net military income is in excess of Thirty-Three Thousand Dollars ($33,000.00). .-. . . . - ... I 22. Defendant further believes and therefore avers that Plaintiff was voluntarly separated from active duty with the United States Army on or about July, 1995, that he Is currently employed In the private sector and that he has the potential of realizing an annual Income equal to his previous military income. WHEREFORE, Defendant requests an equitable division of marital property, an award to her of alimony and alimony pendente lite and an award to her of her attomey's fees and other costs and expenses of litigation. Date: e/>Z9hs / r Supreme Court 10. No. 38887 ;;-;':.~-~'. .. . '. VERFICATION I verify that the statement made in the attached Petition are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.Cons.Stat. sec. 4904 relating to unsworn falsification to authorities. ~dA 0 ~~,,~ R H A. GROWDEN, Petitioner c~ U"> en - :;e: a.- m <:> " .. '!t...; ~~~ tl~ ~~.:: ',,~ , , -".' -4 \ - "0 ~ ,'j \J) '-.2. '\\) .......... ~ "of' ....:::)- ,~ R" ~ ... .- ~ /'0\ '-l ~~ ......... NO II ("\..J. -- ~ ~ C- - \0~ ~ (-.") '''"','. ~ '.'"r-) (,"J = w -::0 . . " . '. '. GREGORY L. GROWDEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO, 1071 civil 1994 v. RUTH A. GROWDEN, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I, THOMAS M, KUTZ, Esquire, am the attorney for the Defendant in the above-captioned action, RUTH M. GROWDEN, and I hereby certify that on the ,;:;(0') day of /J1A V 1994, I , / filed against the Defendant in accepted service of the Complaint the above-captioned action. I further certify that I was authorized to do so. ----- - 0; >. """ --,: n r::J ~ :,;;"'! <: ... 1n~ ~ <:> lol..:l ! ....,.. ~ "'''' ~ ~ z Z:z: ~~ lol Olol li~ U :1:'" . ... :z: z > 0 . ~~" lol 0:: u;.. ~3 Q . lol f-o ;a" :J: :z: '" "'z Ii ! 0 ... lol ... 0::> 0 0:: ... '" <: ... 0 :c t!) .... :J: III 0 f-oU U ... Ul 0 'tl gj", Z . <: > 0:: <: lol .... .... t!) '" U OZ III ... Z ~~ ~ '"' . '" <: '" <: '" !i: 0 :Clol t!) :c lol f-o!lJ ~ f-o U ::> U Z::> t!) 0:: <: "'U "- .. : ... " .' " , ,. . . GREGORY L. GROWDEN, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. . : No. 1071 S 1994 RUTH A. GROWDEN, . . : Civil Action - Law : In Divorce Defendant 1. Che~~er (8) or (b): (8) I do not oppose the entry of a divorce decree. (b) I do oppose the entry of 8 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): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before e divorca is granted. ...L(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 counter affidavit are tnJe and correct. I understand that false statements herein are made subject to the penalties or 18 Pa.C.S. SIlC. 41104 relating to unsworn falsification to authorities. Date:~- 1')- 95 ~vDt () ~~4k RU H A. GROWDEN, Defendant NonCE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you need not file this counter-affidavit. ~ '. : - ., :s:: CI_ rl N --~ c".... -' .:.~' -:> -~ ,.. -..~i"., " . ,. , . GREGORY L. GROWDEN, : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY Plaintiff v. : No. 1071 S 1994 RUTH A. GROWDEN, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Thomas M. Kutz, Esquire, do hereby certify that a true and correct copy of Defendant's Counter-Affidavit Under Section 3301 (d) filed to the above ceptioned matter was sent on July 25, 1995, to the Counsel for Plaintiff via first-class United States mail addressed as follows: By First Class Mail: ;';..> ''"' Bruce D. Foreman, Esquire NICHOLAS & FOREMAN 3207 North Front Stree Harrisburg, PA 17110 219 East Main Street Mechanicsburg, PA 17055 (717) 795-9277 date: July 25, 1995 ~ ,.. ",>- .,- c..1.....~ ~ ~ 6'=' .1"'C10~ }.::~C:: J" ,'i~i .. .'~' ':,'.;.:e ,:" :i'tt ...::::J C:I<"\ iE @ l">) ~ ~ - t':...~ ~. ',. ". ........:.::::::"._ ",'.' .. . ,. , . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 1071 S 1994 : CIVIL ACTION - LAW : IN DIVORCE GREGORY L. GROWDEN, Plaintiff RUTH A. GROWDEN, Defendant NQI1C.E If you wish to deny any of the statements as set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated IN 1988 and have continued to live separate and apart from that time, a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. 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: July 14, 1995 ~ en - ,. .r" -, .... 1.1.1" ;.. <::":r...... .... ~-J f~'. L~ ,. .:.~: :c -= ... II> = ....., .... ~ \" . " . , . '0..' . GREGORY GROWDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 94 - 1071 Civil Term RUTH A. GROWDEN, Defendant CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on May II, 1994. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intent to request entry of decree. 4. 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. 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. S4904 relating to unsworn falsification to authorities. Dated: ,1 ;'B 1'i1 ~~~. rJ ,6~6U/~~.-J Grego owden. Plaintiff ..... C'J '- ~ '.... N . ,.. .. J,1: r- 9 ~., "':'" 1ft. .,- .':-1' .- ..,~ ....J .....;::, 9>- ~~.- ,. ..In Eafi. N ' ..~ ,- ..: ";.# OJ . co I,ltU u:I.L . 't' l.\.J .uo.. t=: \.10- S ~ r- (jl U .. .- . .. . . ," ", . "..f . GREGORY GROWDEN, Plnintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 94 - to?1 Civil Tenn RUTH A. GROWDEN, Defendnnt CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST DIVORCE DECREE UNDER ~3301(e) OF THE DIVORCE CODE 1. I consent to the entry of n finnl decree of divorce without notice. 2. I understnnd thnt I mny lose rights conceming nlimony, division of property, Inwyer's fees or expenses if! do not clnim them before n divorce is grnnted. 3. I understnnd thnt I will not be divorced until n divorce decree is entered by the Court nnd thnt n copy of the decree will be sent to mc immedintely nfter it is filed with the Prothonotary. I verify thnt the stntements mnde in this nffidnvit nre true nnd correct. I understnnd thnt fnlse stntements herein nre mnde subject to the pennlties of 18 Pn. C.S. ~4904 relnting to unsworn fnlsificntion to nuthorities. Dnted: .) I ,"'I <j 1 ~1~ Cl ~A__J,4~ Grego owdcn, Plaintiff fr. C-J :- '" ..- ~- -L 0.') ... ,-- .. tJlO 9 .)~ Qi-' ...::; ).~ ... ft;,: ',- 0.. l;::j ~l" ,'~~ r..~ N .lt~ r~y -Jt, ~ 0:, IUJ !.L-. W ~ja.. ." ,.- u.. 01; .<. L'. r- :;J 0 0" U . .. '. ~ - #. . !<~ I::". -:~:",,~..-~ :-r...... 0,;:' ']1 ;:.'....;E .v, u.. .- "'.. -:-. . ".. " '" Jbt:~,,!, . . .,.' . n..? ;.',,: ~J ..::. : ~::~'~: ~ -,," '" .,-1.1:- ,. ,":: ~ ~, . -':.4 .t~~.... , i :,,;.' '<!~ ,~ . ~ , .,' t;f~H h. ,.jJ.L.tr'''';(;h'. 'J:;, .'1 '>~::~~::.'.<11';'-: i.~ '::: AJ{',t.~f~C~L f,!k_CsnlJtla"7 c :':"t'T:1 :;:~;: ::"./ ;....if!: ,. :": .., ~e ,'e .,.-:.;:, :.:'~d cn Htl'.' :'..; ',~-';~ tl' .'...c,':!'~ , '. 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GREGORY GROWDEN, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA . . : CIVIL ACTION - LAW VS. RUTH A. GROWDEN, Defendant NO. 1071 CIVIL 1994 IN DIVORCE STATUS SHEET O-llr ..._~ f_ Ila ACTIVITIES: DATE: 9/18/95 ~-'"'". - - " f.~ CJ:l.:1,.>':C_ I~~C'-A- ,:'" . II E ,. 'off. ~amFJ-> ). I ./!-! . ~ . - .". OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 North Hanover Streel Carlisle. PA 17013 (717) 240.6535 E. Robert Elicker, II Divorce Master Tr.cl "0 Colyer Office Manager/Reporter Bruce D. Foreman, Esquire NICHOLAS & FOREMAN 3207 North Front Street Harrisburg, PA 17110 West Shore 697'0371 Ext.6535 September 18, 1995 Thomas M. Kutz, Esquire 219 East Main Street Mechanicsburg, PA 17055 RE: Gregory Growden vs. Ruth A. Growden No. 94 - 1071 In Divorce Dear Mr. Foreman and Mr. Kutz: By order of Court of President Judge Harold E. Sheely dated September 12, 1995, the full-time Master has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on March 7, 1994, raising grounds for divorce of irretrievable breakdown of the marriage. On August 20, 1995, an answer and counterclaim were filed on behalf of the Defendant raising the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. I have in the file a counter-affidavit under Section 3301(d) filed by the Defendant on July 24, 1995, but do not have the affidavit under Section 3301(d). Perhaps the affidavit remains in the Prothonotary's Office and was not placed with the file which I have received. In any event, I assume that grounds for divorce are not at issue and that we are dealing with the economic claims. In accordance with P.R.C.P. 1920.33(b) I am directing each counsel to file a pre-trial statement on or before Monday, October 16, 1995. Upon receipt of the pre-trial statements, I i....,,_~, )),.i~r,tr'F'-., Mr. Foreman and Mr. Kutz, Attorneys at Law 18 September 1995 Page 2 will immediately schedule a pre-hearing conference with counsel to discuss the issues and, if necessary, schedule a hearing. Very truly yours, E. Robert Elicker, II Divorce Master NOTE: Sanctions for failure to file the pre-trial statements are set forth in subdivision (c) and (d) of Rule 1920.33. THE ORIGINAL PRE-TRIAL STATEMENT SHOULD BE FILED IN THE MASTER'S OFFICE AND A COPY SENT DIRECTLY TO OPPOSING COUNSEL. ~,- Hlt' '''''[If''a.o COWWOH"'IAUH 01' HNNSn'ollHlA OI,.,nW[NT Of' HIAlIH VITAL RICORDI COU~jT'( Cumberland DIVORCE ~ RECORD OF OR ANNULMENT (CHECK ONE) 0 STATE fJLE DATE STATE fiLe NUMIER HUSBAND , NAME (FIlS') (MIdd'" (tw, .. DATE (AIonUt) (o.,J .... OF 6 54 .'RTH 11 c..w, 5'.'. A. PlACE (sr.,. 01' F~ Countt)1 Cumberland, PA OF PA BIRTH 7. USUAL OC:CUPATtON Gregory 3. RESIDENCE 5""'OIRD. Growden CII'y. Soto. 01' r...p Mt. Holly Springs, 311 N. BaltiJDore Ave &. NUMBER OF THIS MARRIAGE II. RACE "iJE BLACK o OTHER (SPKIlyI o WIFE 1 Tool & Die repairman 1 MAIDEN NAME (FItS') Mitchell (Md*1 (t"l) .. DATE ,- ro..,) .... OF 5 7 55 BIRTH 5"'. 11. PlACE (5'''' 01' FfnirJn CounItyJ PA OF PA BIRTH 14. USUAL OCCUPAnON Ruth A. 10. RESIDENCE S',..tO/R,D CIy. BOlD. or l'wp. Ccun/y RD # 1 Box 156 Somerset, Somerset 12 NUMBER S. RACE OF THIS WHITE BLACK OTHER (SPKJfy) MARRIAGE 1 I!J 0 0 Store Cashier " PLACE OF (COUtItfl THI$ MARRIAGE Somerset 17A. NUMBER OF 17B. CHILDREN THIS MARRlAGE 1 .. NUMBER O~ HUSBAND CHILDREN TO 0 CUSTOO.,. OF .. DATE OF DECREE (Monlh) .. SIGNATURE OF TRANSCRIBING CLERK (S',Jr. 01 FOfe9I Country) II. DATE OF 1-"/ (DA" (,,"J TH'S MARRIAGE 12 2 11. DECREE GRANTED TO OTHER (SPKlfy) HUSBAND WIFE OTHER(S....1Jl 0 0 0 0 21. LEOAL GROUNDS FOA DIYORCE OR ANNULMENT DATE REPORT SENT ,-..., (DA,/ /10../ TO VJTAL RECORDS PA NUMBER OF DEPENDENT CHILDREN UNDER 'II 11. PLAINTIFF HUSBAND WIFE IX] 0 OTHER ISpeclfy) o WIFE o SPLIT CUSTODY o ,..", (DA" Dxket N:J. 94-1071 Civil Tenn '. I~ THE COURT OF COMMON PLEAS OF CL'l1llERLAND cotrnTY, PEmlSYLVANIA GREG:l!lY GRl'IDEN Plaintiff vs. 94- Ie' 71 (1; ~~ L RUTH A. GOOWIEN ~O. -18n g 19 -95-- Gregory GrcMden a master with respect to the (X) Divorce ( ) Annulment (X) Alimony (X) Alimony Pendente ~OTION FOR APPODlTliENT OF MASTER (Plaintiff) ~), following claims: moves the court to appoint Lite (X) ( ) (X) (X) Distribution or Property Support Counsel Fees Costs and Expenses and in support or the motion states: (l) Discovery is complete as to the claims(s) for which the appointment of a master is requested. . (2) The defendant (has) Qfi16OEKlt) appeared in (by his atcoruey; (3) The scaturory ground(s) for divorce (is) the action (personally) ,Esquire). JllOO() 330lCdl ;t; (4) Delete the inapplicable paragraph(s): (a) The action is not contesced. (lS) lQi ~ ~ ~ r~ .",~ r~ Xl( X10i ~: (c) The accion is contested with resoect :0 the following claims: alinony, al.inony pendente 1i te, division of property" fees and expenses. (5) The action ~ (does not involve) complex issues of law or fact. (6) The hearing is e.'qlected to take 4 (hours) ~. (7) Additional infor.nacion. if any. relevanc to the motion: NONE Date: septenber B, 1995 f-~Mr}f') Atcorney foe (Plaintiff) .Eilef dltaaBE) 'S ORDER APPOI~TI~G ~L.o.s'I'ER AND ~OW . .>'-,,7r \ L ,l9L;\. ,- ,f..:L r,c.L. L.<2(C ~~ is appoint:ed :naster with respecc CO"the following claims: Esquire. ',J J1c=: (f~ J^'- J 5EP 12 3 liS PH '95 '1\ r fiC!~ ',ON:'Ur.y ;) cr- 'tr'l . ", i ';" ',~ ~ t ' :. $ - - - --,.. ~.- ..... \a' ~.~ ~." ~: c.:> 'L .......-. -.oc;.; ~- =~C',' .~ o ~- --:~,;':' ". ~.' #' '"~~:.~~, " :, ~'" ~ :e: "- lI> lI> ("I") ... ... V1 ~ ~,~.;-<O: GREGORY L. GROWDEN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff v. NO. 1994-1071 CIVIL TERM RUTH A. GROWDEN, Defendant CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICG I, Thomas M. Kutz, Esquire, do hereby certify that a true and correct copy of Defendant's Answer and Counterclaim filed to the above captioned matter was sent on August 29, 1995, to the Counsel for Plaintiff via first-class United States mail addressed as follows: By First Class Mail: ..... Bruce D. Foreman, Esquire NICHOLAS & FOREMAN 3207 North Front Srreet Harrisburg, PA 17110 '---~ T,homas M. KU,tz"Esquire ~) Attorney for Plaintiff U supreme'Court-l~887 219 East Main Street Mechanicsburg, PA 17055 (717) 795-9277 date: August 29, 1995 i; tl '; '~_..~'--.'"' '.-~'__.~"'::J._ $ "c: <>- "'" <:) .:"> .,-" "'-,.. ... . 't-~-'".. ~~t: ~ ~ if', ,Ir. - "I,-:'! ~' <i. ~ '-' .a "-' ":)'; LAW OFFICES NICHOLAS & FOREMAN STEVE C. NICHOLAS BRUCE D. FOREMAN JEFF FOREMAN JAMES L. WALSH 3207 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110 TELEPHONE (717) 236-9391 FAX (717) 238-6802 September 22, 1995 FIleNO: E. Robert Elicker, II, Divorce Master Office of Divorce Master cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 In Re: Growden v. Growden No. 94 - 1071 In Divorce Dear Mr. Elicker: As per you letter of September 18, 1995, I enclose a copy of the Affidavit under Section 3301 (d) . The same was filed with the Court but I will be checking on my next visit to the Cumberland County Courthouse to make sure the same is properly docketed and if not, we will be filing an additional copy with the Prothonotary. v~ ru'lf) y;urs, ( ::J .l{Z1 I,.. Bruce D. 'Foteman BDF.cln Enclosure cc: Thomas M. Kutz, Esquire GREGORY L. GROWDEN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 1071 S 1994 RUTH A. GROWDEN, Defendant : CIVIL ACTION - LAW : IN DIVORCE fiQIlCE If you wish to deny any of the statements as set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated IN 1988 and have continued to live separate and apart from that time, a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. 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: July 14, 1995 xJ-'ftt'~, ,-/ ,6",." .'rt:-,<.) GRE OR L. GROWDEN, Plaintiff THOMAS M. KUTZ, ESQUIRE j' I Ii r FRANKEBERGER PLACE 219 EAST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 (717) 795-9277 November 8, 1995 E. Robert Elicker. II, Divorce Master Office of the Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 Re: Growden v. Growden Cumbo Co. No. 94-1071 Dear Mr. Elicker. This letter follows up on today's telephone conversation with a member of your staff concerning the above matter. Again, I have provided my client with the proposed settlement agreement and should be able forward the same to Attorney Foreman within the next several days. It is my sincere hope that this case will be completed by the end of this month. Should you have any questions, please contact me. cc: Bruce D. Foreman LAW OI'FICI:S NICHOLAS & FOREMAN STEVE C NICHOLAS BRUCE Q. FOREMAN JEFF FOREMAN JAMES L. WALSH 3201 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17110 TELEPHONE (717) 236-9391 FAX (717) 236-6602 October 13, 1995 FILENO: E. Robert Elicker, II, Divorce Master Office of Divorce Master Cumberland County Court of Common Pleas 9 North Hanover Street Carlisle, PA 17013 In ReI Growden v. Growden No. 94 - 1071 In Divorce Dear Mr. Elicker: I am writing to advise you that the parties have come to a tentative agreement in the above-captioned matter. Based on conversations with opposing counsel, Thomas M. Kutz, I expect that the written agreement will be completed within a matter of two or three weeks and that the divorce itself could occur by the end of the month. You had originally scheduled counsel to file pretrial statements on or before Monday, October 16, 1995. With concurrence of opposing counsel, I am asking that you defer this matter for a month to allow us to complete the settlement. Very !8 Bruce D. Foreman BDF.cln Enclosure cc: Thomas M. Kutz, Esquire Gregory L. Growden GREGORY GROWDEN, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. . NO. 94 - 1071 CIVIL . . . RUTH A. GROWDEN, Defendant . IN DIVORCE . ORDER OF COURT AND NOW, this ~(, 1:h day of j-7 h UAILY , 1997, the economic claims raised in the proceedings having been resolved in accordance with a marriage settlement agreement January 16, 1997, 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. BY THE COURT, J-J c.G~1 ~jL Harold E. Sheely, P.J. cc: Bruce D. Foreman Attorney for Plaintiff Thomas M. Kutz Attorney for Defendant '_ ~ n-o"d.AJ... ;1./ ;J.rrl't'1, ..t-,.f'. FILED .{):=RCE OF -,.- ---..~, - ""~.qy I --.~ I ' -, 1, ," ,.. ".... 97FEi12'! Fi\:3: S6 Ci i~.'i .' . . "" -'. .....,. ..".' .. J ~ '_' '..' ..' -.I' . , i pa\~<:~Y~\.';:.Jk\