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Home My WebLink About94-01128 vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VIRGINIA R. SPIRK, Plaintiff ROBERT M. SPIRK, Defendant NO. 11,;)'i' : IN DIVORCE CIVIL 1994 NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. 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 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 WHERE YOU CAN GET LEGAL HELP. Court Administrator One Courthouse Square Carlisle, Pennsylvania 17013-3387 (717) 240-6285 LAW on'lc". SNELBAKER a BRENNEMAN NEMAN, P.C. By - ff VIRGINIA R. SPIRK, . IN THE COURT OF COMMON PLEAS OF . plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. . CIVIL ACTION - LAW . : ROBERT M. SPIRK, . NO. CIVIL 1994 . Defendant IN DIVORCE COMPLAINT COUNT I - DIVORCE 1. plaintiff VIRGINIA R. SPIRK, is an adult individual residing at 430 Dogwood Court, carlisle, Cumberland County, Pennsylvania. 2. Defendant ROBERT M. SPIRK is an adult individual residing at 1082 Ridge Road, York springs, Adams County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents 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 lawfully joined in marriage on June 22, 1957 in Chicago, Illinois. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. LAW O"ICI:9 SNELDAKER a BRENNEMAN 6. Neither party is a member of the armed forces of the United states of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The 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. 9. The Plaintiff requests this Court to enter a decree of divorce. COUNT II - EOUITABLE DIVISION OF PROPERTY 10. The plaintiff and Defendant have legally and beneficially acquired property both real and personal during their marriage from June 22, 1957. 11. The plaintiff requests this court to equitably divide all marital property pursuant to section 3502 of the Pennsylvania Divorce Code. COUNT III - ALIMONY AND ALIMONY PENDENTE LITE 12. The Plaintiff requires reasonable support and alimony o adequately maintain herself in accordance with the standard of living established during the marriage. LAW O"'ICUi SNELBAKER a BRENNEMAN 13. The plaintiff requests this Court to allow alimony and limony pendente lite as it deems reasonable pursuant to Sections -2- COUNT IV - COUNSEL FEES. COSTS AND EXPENSES 3701 and 3702 of the pennsylvania Divorce Code. 14. The Plaintiff has employed SNELBAKER & BRENNEMAN, P.C., as counsel and, because of the anticipated litigation expenses and her limited income, is unable to pay for the expenses of counsel and litigation. 15. The Plaintiff requests the Court to allow her reasonable counsel fees, costs and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. WHEREFORE, the plaintiff, VIRGINIA R. SPIRK, prays your Honorable Court to: (a) enter a decree of divorce, divorcing the plaintiff from the bonds of matrimony heretofore existing between the plaintiff and the Defendant; (b) order equitable distribution of marital property; (c) order Defendant to pay alimony and alimony pendente lite to Plaintiff in such amounts as the Court deems reasonable; (d) order payment of counsel fees, costs and expenses as the Court deems just and reasonable; and (e) order such other relief as the Court deems just and reasonable. ~~~ e th O. renneman, Esqu re 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorneys for Plaintiff By: LAW OffiCE. SNELBAKER a BRENNEMAN Date: March 7, 1994 -3- . VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. -d' ., ~~ ~~ia R. Sp rk Date: March 7. 1994 VIRGINIA R. SPIRK, . IN THE COURT OF COMMON PLEAS OF . plaintiff CUMBERLAND COUNTY, PENNSYLVANIA . . vs. CIVIL ACTION - LAW . . ROBERT M. SPIRK, . NO. CIVIL 1994 . Defendant IN DIVORCE AFFIDAVIT VIRGINIA R. SPIRK, being duly sworn according to law, deposes and says: 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 Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do HQI request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. LAW O'''CUi SNELBA~ER a BRENNEMAU cJ' . . ~~ ;(..(..d~g n a . Sp rk (plaintiff) Date: March 7. 1994 VIRGINIA R. SPIRK, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW . . ROBERT M. SPIRK, Defendant NO. 1128 CIVIL 1994 IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA) SS. COUNTY CUMBERLAND) OF Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for VIRGINIA R. SPIRK, the Plaintiff in the above captioned action in divorce; that on March 15, 1994, he did send to Defendant Robert M. spirk by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same LAW 0""II::C5 SNELDAKER a BRENNEMAN date and Receipt for certified Mail No. P 290 633 046; that both the Complaint and cover letter were duly received by Robert M. spirk, the Defendant herein, as evidenced by the return receipt card for said certified mail dated March 18, 1994; that a copy of the aforementioned cover letter dated March 15, 1994 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, information and belief. renneman Sworn to and subscribed before me this'l'ftiday of March, 1994. g~~ 9,~'~ IbII!lI &ell 1'letlaJ. norm.. tbIy N;e:.... ~B:ro,~-.. Mr E>I*IlIlloc> lII, 1990\ LAw O,.'ICEa SNELBAICER a aR~NNEMAN "-"'n>o'.--;". . SNELBAKER. S BRENNEMAN ^ PkOfWIONAL couo,,^nON ATTORNEYS AT L/l.W .. WEST MAIN $1"1UET MECHANICSBURC, PENNSnVANlA 17055 p, O. lOX 318 fM:$lMILE l7I1l 6W'7BllI IUCHAIlD Co ~NWAIWl. KEI11i 0, IIl1NNEMAN PHIUP H, ~PME 717.e07'8~8 March 15, 1994 Robert M. Spirk 1082 Ridge Road York Springs, PA 17372 Re: Spirk v. spirk No. 1128 civil 1994 Dear Mr. Spirk: Please note this firm's representation of Virginia R. spirk. I serve upon you a certified Complaint in Divorce, the original of which was filed in the above action on March 9, 1994. Based upon my review of this matter, the major issues in this case concern the division of marital property, particularly your pension benefits. This letter will serve to request that you provide me with any information you have concerning the valuation of your pension. Of course, you may have your attorney contact me concerning this request. Yours truly, Keith O. Brenneman KOB/sz Enclosure CC: Virginia Spirk (wI enclosure) Via certified mail, return receipt requested, restricted delivery, parcel No. 290 633 046 EXHIBIT A ~' - ''''''p'''''' .......'u.... P. 210 633 0116 Receipt for Certified Mail No InsuHUlCc COV(!'''110 Pmvidcd Dn II0t use 1m IlllcfOlU!onal Muil (See Reversel "I' ",,' ,.,.....!'.. '",,-,'.' '."-,'" 1.,_,",,','11_'_,"',;',_, en hr""",,--,,""'''''l al I.- V.l,,'" ~. :.. .,', ',;....".1 2.50 1.00 ~ I".!"".,.'....l.. :"""'-'1 " C i'.!. o ... 1',:"1[1'..", ,,' ~, ..",.'.1.1",,"-':' . < I ~ A; I' ..I. ,.., o Iot..,~ o CD CO) E is u. Ie ..i...... ~ '4:,,-, w:'" If. "~4 ,,;', ER: "-<~~..>I'i;.t':~>)>~;r~~~(:i~~@!f;}'~~~~..s~f;~ ';.,. '-'''.!-''c''4';--<'.t.:~~,,:'I:;~'W= .~j t~ . 'Ii ~ h.... 1 _Of Z 'Of -...... -. /.;Ji~'=w"':'t~~':\, ",~:,:,l,.~lc')'; ',;!:C...,.... h.... 3.1Ild 41. b, :folloiNlng'~Mceo;lfor';!IflI!!trl:;"I~ . !-' Print your name Ind Iddte.. on the revern of thI, 'ann 10 WI WI can 'fM,')' '., "_;--:" :,' ;t,',.:.;:'d.. ~';;""':i!',.:.,f,)i'.ti". "j\';,?'~'~,""" ~ ~~tNtCltdI0YOU " ,'.- ""/.,_:,r:;'i<'~':::''';i:'''~''':;'' . ,;;- ~~".:'.::.r 10 ih. ~.... _, .... tho bock '''_';0 Ad'h"~;~:Ad~r...;c: ' ;"(~I'.- WIh...RttumAecoIpt"-.....................bIlowl"..nlclo_ ~. mR..III~DIUvj~' '. t" :, 11~. ThtAtturnAtcefptwlllhowtowhomthllt1tdlwndtlvtredandthedltt ~".f'" I ~.' Ii _ed. COIIIult Ilma.tll fo, II. ' , .~:: I' 3. Arlicla Addrallld to: 4.. Article Numbe" ' .. a: . P 290 633 046, ' ,. 'S: "', Robert M. Spirk 4b. Slrvlce T~ i. , 1082 Ridge Road 17372 O"!ev1Illntd?\O'nlU,Id" , York Springs. PA' ~ ~~M.n" g ~~~m R..IIP; fOf'l: 7. Dat~;iD'IIVII'Y' ,,' '. ;.'~: ",',3 'r;~9~ .!: 8':::~:'1:~.~1dr... (omvlfj"~1r : 1 { Hi i ti U : ~. ~L))}j:(:'~~,,~:::~:';'-:- :'. : , - -' -.'.....;.-'P;.A',;,> ~OPO: 1_714 pOME8T1CRETU~RECElP,!Y, 8; Slgnatu" ,lAg.nll. l i' .l~ F~m' I II }D~~: '~~1 LAW o....lces SNELBAICER a BRENNEMAN ,",,,,'",',,^,,'-,^ EXHIBIT B II , ~ .. - " ~ >- ",>- ...... k.I.-::: (,,) C,=,,,,, _:C<J~- ~Of.J~ ~~Q;! . _.::.:r.-' /:; :~::!;; ) ....a;:I:: .+.(,tl...,~ .~.:,ulLi i- :re. ...,00;.1 ",Q In <:) 0, ,co ......, ,~ i,=a:: .' LAW OFFICE OF GRitlOP_';' R. REED 2423 NORTH THIRD STREET HARRISBURG. PENNSYLVANIA 17110 (717) 238-0434 ..... :'t THIS Ol)CUMENT IS CERTIFlEO TO BE A TRUE ANO CORRECT COPY OF THE ORIGINAL HEREOF, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA VIRGINIA R. SPIRK, CIVIL ACTION - LAW Plaintiff /lJ8 v. NO. .... civil 1994 ROBERT M. SPIRK, Defendant IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO: Lawrence E. Welker prothonotary of Cumberland County Please enter my appearance on behalf of the Defendant, ROBERT M. SPIRK, in the above captioned matter. G'~ Attorney for Defendants 2423 North Third Street HarriSburg, PA 17110 (717) 238-0434 Attorney I.D. 23705 Date: :.:f1d- .,:13; /991 pc: Keith o. Brenneman, Esquire , , I I Ii ': -= ,~ N .::r -.. .... .. ' ,'" ...4. w, ~~? '-':1 ::- ~~.- ~ en . N ... .. = ~