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* IN
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THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
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STATE OF ~. PENNA,
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IDRI J. A'lWJOD,
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plaintiff
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* ROOOER T. A'lWJOD, II,
* Defendant
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DECREE IN
DIVORCE
ANDNOW",~.,~"""", 19,.,9,6.,.
it is ordered and
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are divorced from the bonds of matrimony_
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The court I'etains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered;
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. IN THE COURT OF'COMMON PLEAS OF
IDR! J. An-mo, .
. ctJKBERLAND COUN'l'Y, PENNSYLVANIA
Plaintiff .
.
.
vs. . NO. 95-0875 CIVIL 1995
.
.
RODGER T. An-mo, II, .
. IN DIVORCE
Defendant .
PRABC~PB ~ TRAHSM%T RECORD
To the prothonotary:
Transmit the record, toqether with the followinq
information, to the Court for entry of a divorce decree:
1.
Ground for divorce:
irretrievable breakdown under
Section 3301(C) ~ of the Divorce Code.
inapplicable section.)
2. Date and manner of service of the complaint:
bv Sheriff's service on March 6. 1995
3. (Complete either paraqraph (a) or (b).)
(a) Date of execution of the affidavit of 'consent
(strike out
required by Section 3301(c) of the Divorce Code:
by the
plaintiff: March 20. 1996
; by Defendant March 7, 1996
.
(b) (1) Date of execution of the Plaintiff's affidavit
required by section 3301(d) of the Divorce Code: N/A
(2) Date of service of the Plaintiff's affidavit
upon the Defendant:
N/A
.
4. Related claims pendinq: none
5. Indicate date and manner of service of the notice of
intention to file praecipe to transmit record, and attach a copy
of said notice under Section 3301(d) (l)() of the Divorce Code.
IN 1lIE COURT OF CXX<<lN PLFAS OF
aJMBERlAND COUNlY, PENNSYLVANIA
CML AcrION - lAW
95-875 CIVIL TERM
IN DIVORCE
LORI J. A'lWOD,
Plaintiff
VB.
RODGER T. AnmD, II,
Defendant
AMENJED <n1PLAINr IN DIVORCE
GRIFFIE Be ASSOCIATES
ATTORNEYS'AT-LAW
200 NORTH HANOVER STREET
, CARLISLE, PA 17013
SUITE 550
14 NORTH MAIN STREET
CHAMSERaSURG,PA 17201
nUQ 23 12 ~G PH '95
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v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LORI J. ATWOOD,
plaintiff
RODGER T. ATWOOD, II,
Defendant
95-875 CIVIL TERM
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 will
proceed without you and a decree in divorce or annulment may 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 in the
Office of the Prothonotary at the Cumberland County Courthouse,
Carlisle, pennsylvania 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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.
Court Administrator
Fourth Floor
Cumberland county Courthouse
Carlisle, Pennsylvania 17013
(717) 240-6200
LORI J. ATWOOD, I IN THE COURT OF COMMON PLEAS OF
Plaintitf . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. I CIVIL ACTION - LAW
.
.
RODGER T. ATWOOD, II, . 95-875 CIVIL TERM
.
Defendant . IN DIVORCE
.
AM!lNDI!lD COMPLAINT IN DIVORCB
1.
Plaintitf
is Lori J. Atwood, an adult
individual
currently residing at 332 North College street, Carlisle,
Cumberland county, Pennsylvania. Ms. Atwood has resided at this
address for approximately three years.
2. Defendant is Rodger T. Atwood, II, an adult individual
currently residing at the Federal Correctional Institution,
Allenwood, Post Office Box 2000, White Deer, Union County,
Pennsylvania.
Mr. Atwood has resided at this address for
approximately two years.
3. Plaintiff is a bona fide resident of the Commonwealth of
Pennsylvania and has been so for at least six months immediately
previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on March 17, 1992
in New Bloomfield, Perry County, Pennsylvania.
5. There have been no prior actions for divorce or
annulment between the parties.
6. The Defendant is not a member of the Armed Forces of
the United states of America or its Allies.
7. Plaintitt has been advised ot the availability ot
counaelinq and the riqht to request that the court require the
parties to participate in counselinq. Knowinq this, Plaintitt
does not desire that the Court require the parties to participate
in counselinq.
8. Plaintiff and Defendant are citizens of the United
states ot America.
9. The parties' marriaqe is irretrievably broken.
10. Plaintiff desires a divorce based upon the beliet
that Defendant will, ninety days from the date of the filinq ot
this Complaint, consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to 23 P.s. Section 3301(c).
COUNT II
11. Paraqraphs 1 through 10 are incorporated herein by
reference as if set forth in their full text.
12. The parties have lived separate and apart since May,
1992, and have remained separated since that time.
WHEREAS, Plaintiff requests your Honorable Court to enter a
Decree in Divorce under Section 3301 Cd) of the Divorce Code of
1980, as amended.
COUNT II I
13. Paragraphs 1 through 12 are incorporated herein by
reference as if set forth in their full text.
14. Defendant has committed such indignities upon the
person of the Plaintiff, the innocent and injured spouse, as to
make her condition intolerable and life burdensome.
WHEREFORE, plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to 23 P.S. 3301(a)(6) of the Divorce
Code of 1980, as amended.
COUNT IV
15. Paragraphs 1 through 14 are incorporated herein by
reference as if set forth in their full text.
16. The Defendant has been sentenced to imprisonment for a
term of two or more years upon conviction of having committed a
crime.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a decree in divorce pursuant to section 3301(a) (5) of the
Divorce Code of 1980, as amended.
COUNT V
17. Paragraphs 1 through 16 are incorporated herein by
reference as if set forth in their full text.
18. Plaintiff is unable to provide for or afford her
counsel fees, expenses and costs during the pendency of this
divorce action and through its resolution.
19. Plaintiff is without sufficient property and otherwise
unable to financially support herself despite being employed.
20. Defendant has access to sufficient funds and is able to
pay for counsel fees, expenses and costs as well as alimony and
alimony pendente lite for Plaintiff.
21. The Detendant, who i. incarcerated, has tiled a claim
tor economic reliet, knowing that there are no economic aspects
ot this case that need to be resolved I thus, creating additional
expense tor the Plaintitt which is unnecessary and groundless.
WHEREFORE, Plaintitt requests your Honorable Court to enter
an Order requiring Detendant to pay Plaintitt's counsel tees,
expenses, and costs as well ae providing tor payment ot
appropriate alimony and alimony pendente lite to Plaintitt.
Respecttully submitted,
GRIFFIE & ASSOCIATES
re
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VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-0875 CIVIL TERM
IN DIVORCE
LORI J. ATWOOD,
plaintiff
RODGER T. ATWOOD, II,
Defendant
AP~IDAVIT O~ CONSBNT
1. A complaint in Divorce under Section 3301(C) of the
Divorce code was filed on February 11, 1995.
2. The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of the
filing of the Complaint.
,
3. I consent to the entry of a final Decree of Divorce
after service of notice of intention to reauest entrv of the
decrees.
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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: (}1 " r <. f... 7 I I "I tt G,
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RODG T. ATWOOD, II
Defendant
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LORI J. ATWOOD.
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LORI J. ATWOOD, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
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VB. . CIVIL ACTION - LAW
.
.
.
RODGER T. ATWOOD, II, . NO. 95-0875 CIVIL TERM
.
Defendant : IN DIVORCE
WArVBR 01' 1I0TrCI!l O~ rNTBNTION TO RJlOOI!lST
I!lIlTRY O~ A DrVORCII DI!lCRJlI!l
ONDI!lR SBCTrON 3301'C) 01' TBII DrVORCI!l CODII
1. I consent to the entry of a final decree in divorce
without notice.
2. I understand that I may lOBe rights concerning alimony,
division of property, lawyer's fees or expenses if r 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 BtatementB herein are made
subject to the penalties of 18 Pa.C.S. section 4904 relating to
unsworn falsification to authorities.
DATE:
, ?-/7' 7(;.
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LORI J. ATWOOD,( , ~
Plaintiff
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LORI J. ATWOOD,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
RODGER T. ATWOOD, II,
DEFENDANT
95-0875 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this 5th day of October, 1995, defendant, Rodger T. Atwood, II,
having raised economic claims for relief In the above-captloned divorce case, and
plaintiff, Lori J. Atwood, having filed a petition to bifurcate the divorce from the
economic claims upon wh,lch a hearing has been set for Monday, October 23, 1995,
and defendant having not filed a consent to either the bifurcation of the divorce or the
entry of a final divorce decree, the request of defendant to exempt his presence at the
hearing on a writ of habeas corpus ad subjiciendum, IS DENIED.
By the....ooun, /;~ /
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Edgar B. Bayley, J.
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Bradley L. Griffie, Esquire
For Plaintiff
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Rodger T. Atwood, II, Pro se
06454-087
FCI Allenwood
P.O. Box 2000
White Deer, PA 17887
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LORI J. ATWOOD
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs.
: CIVIL ACTION - LAW
: 95-0875 CIVIL TERM
: IN DIVORCE
RODGER T. ATWOOD
Defendant
PETITION FOR COURT ORDER
AND NOW, comes Petitioner, Rodger T. Atwood II, pro se,
and petitions the court as follows:
reminder of Plaintiffs infidelity (i.e., her pregnancy
to another) in your Honorable Court
(b) Defendant does not wish to waste your Honorable Courts
time or money.
(c) Defendant is currently studying for a degree in Computer
Science and his appearance would disrupt those studies.
(d) Defendant would suffer many hardships within the Federal
Prison System by having to appear (i.e., loss of job,loss
of cell, etc.)
1. Your Petitioner is the above named Defendant, Rodger T.
Atwood II, an adult individual currently incarcerated at the
Federal Correctional Institution, Allenwood, Post Office Box
2000, White Deer, Union County, Pennsylvania.
2. Petitioner respectfully requests your Honorable Court to
exempt Defendant from Writ of Habeas Corpus Ad Subjiciendum for
the following reasons:
(a) Defendant does not want to be confronted with the stark
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LORI J. ATWOOD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
RODGER T. ATWOOD, II,
Defendant
95-875 CIVIL TERM
IN DIVORCE
COUNTER-AFFIDAVIT UNDER
SECTION 3301ldl 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), (11) or both):
(i)
The parties to thiB 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 lOBe rights
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 counter-affidavit
are true and correct. I undertand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: /~-d- -95
~T~
Defe ant
NOTICE: 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.
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LORI J. ATWOOD, . IN THE COURT OF COMMON PLEAS OF
.
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
v. CIVIL ACTION - LAW
.
.
RODGER T. ATWOOD, II, 95-875 CIVIL TERM
Defendant . IN DIVORCE
.
COUNTER-AFFIDAVIT UNDER
SECTION 3301(dl 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 thiB action have not lived
Beparate 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 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 thiB counter-affidavit
are true and correct. I undertand that false statementB herein
are made subject to the penalties of 18 Pa.C.S. section 4904
relating to unsworn falsification to authorities.
Date: It) -J. -95
~ 7: IHiInnkI ~
Defe ant
NOTICE: 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.
~
OCi 0 4 \99) ff-
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
LORI J. ATWOOD
Plaintiff
.
.
VB.
: CIVIL ACTION - LAW
.
.
I
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I:
,
I
RODGER T. A'IWOOD : 95-0875 CIVIL TERM
Defendant : IN DIVORCE
PETITION FOR COURT ORDER
AND NOW. comes Petitioner, Rodger T. Atwood II, pro se,
and petitions the court as follows:
1. Your Petitioner is the above named Defendant, Rodger T.
Atwood II. an adult individual currently incarcerated at the
Federal Correctional Institution, Allenwood, Post Office Box
2000, White Deer, Union County, Pennsylvania.
2. Petitioner respectfully requests your Honorable Court to
allow the withdrawal of his previously filed Counter-Affidavit
under Section 330l(d) and to accept the enclosed Counter-Affidavit
in its place.
3. Petitioner by the enclosed Counter-Affidavit consents to
a Final Decree of Divorce.
..
LORI J. ATWOOD,
plaintiff
. IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
v.
RODGER T. ATWOOD, II,
Defendant
95-875 CIVIL TERM
IN DIVORCE
COUNTER-AFFIDAVIT UNDER
SECTION 3301Cdl OF THE DIVORCE CODE
1. Check either (a) or (b):
~ I do not oppose the entry of a divorce decree.
(~) I oppose the entry of a divorce decree because
(Check (i), (11) or both):
(i) The parties to thiB action have not lived
Beparate 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 lOBe rights
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 counter-affidavit
are true and correct. I undertand that false statementB herein
are made subject to the penalties of 18 Pa.C.S. section 4904
relating to unsworn falsification to authorities.
Date: /0 --'- - 9<
~,_ T (jz,mn'f7) ~
Def~;;ctXnt
NOTICE: 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.
.
Qel 0 4 ,g95~f
LORI J. ATWOOD
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
95-0875 CIVIL TERM
: IN DIVORCE
vs.
RODGER T. ATWOOD II
Defendant
PETITION FOR COURT ORDER
AND NOW, comes Petitioner, Rodger T. Atwood II, pro se,
and petitions the court as follows:
1. Your Petitioner is the above named Defendant, Rodger T.
Atwood II, an adult individual currently incarcerated at the
Federal Correctional Institution, Allenwood, Post Office Box
2000, White Deer, Union County, Pennsylvania.
2. Petitioner respectfully requests your Honorable Court to
issue an Order directing Plaintiff to turn over all pre-marital
property (most of which is personal in nature), that was stored
at her Mothers residence upon Defendants incarceration, to
Defendants brother, Jamie J. Atwood.
3. Defendant fully expects Plaintiffs cooperation in returning
Defendants property and has received no indication from Plaintiff
to contradict those expectations. Petitioner asks for this Order
to prevent any difficulties from arising in the return of property
4. Petitioner submits and attaches a listing of the afore-
mentioned property with this petition
.
LORI J. ATWOOD
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VB.
.
.
RODGER T. ATWOOD II
Defendant
95-0875 CIVIL TERM
: IN DIVORCE
LISTING OF PRE-MARITAL PROPERTY
1. ONE WASHER AND DRYER
2. ONE CANNON CAMERA W/3 LENSES
3. ONE VCR
4. ONE ANTIQUE MIRROR (4FT. X 5FT.)
5. ONE ANTIQUE WASH TUB
6. ONE ANTIQUE ROUND OAK TABLE W/4
7. 40 SWEATERS
8. 20 PAIRS JEANS
9. 4 COATS (1 BR. LEATHER)
10. ONE REMINGTON WORK BOOTS
U. 50 SHIRTS
12. ONE WALLET (BLACK)
13. 12 TOWELS
14. THREE PAIRS SHOES :I:
15. ONE KINGSIZE WATER BED
16. ONE DRESSER
17. BLANKETS
18. SUITCASES (CLOTHES INSIDE)
19. DISHES, SILVERWARE, POTS & PANS
20. CROCKS ETC.
2l. SNOWBOARD
22. SNOW SHOES/TRAPS/STRETCHERS
23. ONE DIAMOND RING (1 CARAT)
24. ONE WEDDING BAND
25. ONE CORNER CABINET
26. NUMEROUS MISC. ITEMS
CHAIRS
**AT LEAST 30 MISCELLANEOUS BOXES WHICH CONTAIN ANTIQUE TOYS, BOOKS,
PAPERWORK, AND OTHER PERSONAL ITEMS. **
LORI J. ATWOOD
Plaintiff
~
"fj
't'lCT (', 1:4\),"
'LJ ....,. "'..'-.'-
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-0875 CIVIL TERM
IN DIVORCE
vs.
RODGER T. ATWOOD II
Defendant
PETITION FOR COURT ORDER
AND NOW, comes Petitioner, Rodger T. Atwood II, pro Be,
and petitionB the court as follows:
1. Your Petitioner is the above named Defendant, Rodger T.
Atwood II, an adult individual currently incarcerated at the
Federal Correctional Institution, Allenwood, Post Office Box
2000, White Deer, Union County, Pennsylvania.
2. Petitioner respectfully requests your Honorable Court to
issue an Order directing Plaintiff to turn over all pre-marital
property (most of which is personal in nature), that was stored
at her Mothers residence upon Defendants incarceration, to
DefendantB brother, Jamie J. Atwood.
3. Defendant fully expects Plaintiffs cooperation in returning
Defendants property and has received no indication from Plaintiff
to contradict those expectations. Petitioner asks for this Order
to prevent any difficulties from arising in the return of property
4. Petitioner submits and attaches a listing of the afore-
mentioned property with this petition
.
LORI J. A1.'WOOD
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-0875 CIVIL TERM
IN DIVORCE
VB.
RODGER T. A1.'WOOD II
Defendant
LISTING OF PRE-MARITAL PROPERTY
1. ONE WASHER AND DRYER 22. SNOW SHOES/TRAPS/STRETCHERS
2. ONE CANNON CAMERA W/3 LENSES 23. ONE DIAMOND RING (1 CARAT)
3. ONE VCR 24. ONE WEDDING BAND
4. ONE ANTIQUE MIRROR (4FT. X 5FT.) 25. ONE CORNER CABINET
5. ONE ANTIQUE WASH TUB 26. NUMEROUS MISC. ITEMS
6. ONE ANTIQUE ROUND OAK TABLE W/4 CHAIRS
7. 40 SWEATERS
8. 20 PAIRS JEANS
9. 4 COATS (1 BR. LEATHER)
10. ONE REMINGTON WORK BOOTS
11. 50 SHIRTS
12. ONE WALLET (BLACK)
13. 12 TOWELS
14. THREE PAIRS SHOES :i:
15. ONE KINGSIZE WATER BED
16. ONE DRESSER
17. BLANKETS
18. SUITCASES (CLOTHES INSIDE)
19. DISHES, SILVERWARE. POTS Ii PANS
20. CROCKS ETC.
2l. SNOWBOARD
**AT LEAST 30 MISCELLANEOUS BOXES WHICH CONTAIN ANTIQUE TOYS, BOOKS,
PAPERWORK, AND OTHER PERSONAL ITEMS. **
.
.
,. t) ~ \\}9~ tk-
0(,'
LORI J. ATWOOD
Plaintiff
IN THE COURT OF COHMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-0875 CIVIL TERM
: IN DIVORCE
VS.
RODGER T. ATWOOD II
Defendant
PETITION FOR COURT ORDER
AND NOW, comes Petitioner, Rodger T. Atwood II, pro se,
and petitionB the court as follows:
1. Your Petitioner is the above named Defendant, Rodger T.
Atwood II, an adult individual currently incarcerated at the
Federal Correctional Institution, Allenwood, Post Office Box
2000, White Deer, Union County, Pennsylvania.
2. Petitioner respectfully requests your Honorable Court to
issue an Order directing Plaintiff to turn over all pre-marital
property (most of which is personal in nature), that was stored
at her Mothers residence upon Defendants incarceration, to
Defendants brother, Jamie J. Atwood.
3. Defendant fully expects Plaintiffs cooperation in returning
Defendants property and has received no indication from Plaintiff
to contradict those ex~ectations. Petitioner asks for this Order
to prevent any difficulties from arising in the return of property
4. Petitioner submits and attaches a listing of the afore-
mentioned property with this petition
.......-..
LORI J. ATWOOD
Plaintiff
IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
VB.
RODGER T. ATWOOD II
Defendant
: 95-0875 CIVIL TERM
IN DIVORCE
LISTING OF PRE-MARITAL PROPERTY
1. ONE WASHER AND DRYER 22. SNOW SHOES/TRAPS/STRETCHERS
2. ONE CANNON CAMERA W/3 LENSES 23. ONE DIAMOND RING (l CARAT)
3. ONE VCR 24. ONE WEDDING BAND
4. ONE ANTIQUE MIRROR (4Fr. X 5Fr.) 25. ONE CORNER CABINET
5. ONE ANTIQUE WASH TUB 26. NUMEROUS MISC. ITEMS
6. ONE ANTIQUE ROUND OAK TABLE W/4 CHAIRS
7. 40 SWEATERS
8. 20 PAIRS JEANS
9. 4 COATS (1 BR. LEATHER)
10. ONE REMINGTON WORK BOOTS
11. 50 SHIRTS
12. ONE WALLET (BLACK)
13. 12 TOWELS
14. THREE PAIRS SHOES %
15. ONE KINGSIZE WATER BED
16. ONE DRESSER
17. BLANKETS
18. SUITCASES (CLOTHES INSIDE)
19. DISHES, SILVERWARE, POTS & PANS
20. CROCKS ETC.
21. SNOWBOARD
**AT LEAST 30 MISCELLANEOUS BOXES WHICH CONTAIN ANTIQUE TOYS, BOOKS,
PAPERWORK, AND OTHER PERSONAL ITEMS. **
~-*~-~-~~~~~-~~~---~-,),,~:~~,:_,;~~,~~:~~
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~~~~_~~~~_~-~-*****-~*~****ro**
OF CUMBERLAND
STATE OF '*
COUNTY
PENNA,
LORI J. A'ThUJD
,,""',',',','" ",,) ,"'"
Plaintiff
!\
N I J. ,.??::-,?7.~..,..9Y!1-..,..,...., 1995
.,
Venms
RODGER T. A'rnOOD II)
,,"'" ,,'. ,,"," ,) "., "
Defendant
DECREE IN
DIVORCE
AND NOW. ,.!ll[)f:.. .. .......' .. .. , .. ..... 19,95..,. it is ordered and
decreed that.. ,lAr::I. ,J....A~"!QO.d... ..' .. .., ...... ................, plaintiff.
and,.." ,~~gf!!;',~~,i;\~~~I.~~"',..,"',.....,"',........'" defendant.
are divorced from the bonds of matrimony.
"
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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;
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WRI J. AnmO,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-875 CIVIL TERN
VB.
RODGER T. AnmO, II,
Defendant
PRABCYPB TO TRAHSH%T 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
(Strike out
section llSlO(k~lClt 3301(d) (1) of the Divorce Code.
inapplicable section.)
2. Date and manner of service of the complaint: by Sheriff's
Service on March 6, 1995
3. (Complete either paragraph (a) or (b).)
(a) Date of execution of the affidavit of consent
required by section 3301(c) of the Divorce Code:
by the
Plaintiff:
N/A
N/A
; by Defendant
(b) (1) Date of execution of the Plaintiff's affidavit
required by Section 3301(d) of the Divorce Code: February 3. 1995 .
(2) Date of service of the Plaintiff's affidavit
upon the Defendant:
March 6. 1995
.
4. Related claims pending: None
5. Indicate date and manner of service of the notice of
intention to file praecipe to transmit record, and attach a copy
of said notice under Section 3301(d)(1)() of the Divorce Code.
By Union County Sheriff's service on April 6. 1995
~~p~aintiff)
~(~~IlBm)
Bradley L. Griffie,
.
.
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IN TIlE COURT OF CGMJN PLFAS OF
CUMBElU.AND COUN'IY, PEMlSYLVANIA
CML AcrION - lAW
95 - 1J 1 S CIVIL 'I'E>>I
IN DIVORCE
~-'1
~
LORI J. ATh'OOD,
Plaintiff
FE8 /7 , Ji PH 'S5
I 'u [j,onIOf
OF THE "hllflfONOr
CUMllCRtAHIl C. (I; AM'
rEfi~mV~HI4I1rr
va.
RODGER T. ATh'OOD, II,
Defendant
-if. /7.), J.:J:!.
S, -
P'"4"
/. ,. ~t-)
COMPlAINl' IN DIVORCE
GRIFFIE & ASSOCIATES
ATTORNEYS-AT-LAW
200 NORTH HANOVER STREET
CARLISLE, PA 17013
SUITE 307
14 NORTH MAIN STREET
CHAMBER5BURG. PAl7201
.
LORI J. ATWOOD,
Plaintiff
.
.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CIVIL ACTION - LAW
95- 8?5'" CIVIL TERM
: IN DIVORCE
RODGER T. ATWOOD, II,
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
You have been Bued in court. If you WiBh to defend againBt
the claimB set forth in the following pages, you must take prompt
action. You are warned that if you fail to do BO, the case will
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
righte important to you, including custody or viBitation 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 in the
Office of the Prothonotary at the First Floor, CUmberland County
Courthouse, South Hanover Street, Carlisle, PA 17013.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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.
Court Administrator
cumberland County Courthouse
South Hanover Street
Carlisle, Pennsylvania 17013
(717) 240-6200
"
LORI J. ATWOOD,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95- 875' CIVIL TERM
IN DIVORCE
RODGER T. ATWOOD, II,
Defendant
COMPLAINT IN DIVORCE
1. Plaintiff iB Lori J. Atwood, an adult individual
currently residing at 332 N. College street, Carlisle, cumberland
County, pennsylvania.
Ms. Atwood has lived at this residence
for approximately three years.
2. Defendant is Rodger T. Atwood, II, an adult individual
currently residing at the Federal Correctional Institution,
Allenwood, Post Office Box 2000, White Deer, Union County,
Pennsylvania.
Mr. Atwood has lived at this residence for
approximately two years.
3. Plaintiff is a bona fide resident of the Commonwealth
of Pennsylvania
and has been so for at least six months
immediately previous to the filing of this Complaint.
4. Plaintiff and Defendant were married on March 17,
1992, New Bloomfield, Perry County, Pennsylvania.
5. There have been no prior actions for divorce or
annulment between the parties.
6. The parties are not active members of the Armed Forces
of the United states of America or its Allies.
7. plaintiff haB been adviBed of the availability of
counseling and the right to requeBt that the court require the
partieB to participate in counBeling. Knowing this, Plaintiff
does not desire that the Court require the partieB to participate
in counBeling.
8. plaintiff and Defendant are citizens of the united
states of America.
~. The partieB' marriage is irretrievably broken.
10. plaintiff desires a divorce and it is believed that
Defendant will after ninety (90) days from the date of the filing
of this Complaint consent to this divorce.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a Decree in Divorce under section 3301(C) of the Divorce Code of
1980, as amended.
COUNT II
11. Paragraphs 1 through 10 are incorporated herein by
reference as if set forth In their full text.
12. The parties have lived separate and apart since
May, 1992, and have remained separated since that time.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a Decree in Divorce under Section 3301(d) of the Divorce Code of
1980, as amended.
COUNT III
13. Paragraph 1 through 12 are incorporated herein by
reference as if set forth in their full text.
10
14. Defendant haB committed such indignitieB upon the
person of the Plaintiff, the innocent injured BpouBe, aB to make
hiB condition intolerable and life burdenBome.
WHEREFORE, Plaintiff requests your Honorable Court to enter
a divorce purBuant to 23 P.S. section 3301(a)(6).
re
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING COMPLAINT
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.
"'
DATE: r:J - ..j> - 9'..s
'-/~$--Y'
/"1 r ,
'LORI }. A OOD,
plainti f
VB.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95- CIVIL TERM
IN DIVORCE
LORI J. ATWOOD,
Plaintiff
RODGER T. ATWOOD, II,
Defendant
NOTICE TO THE DEFENDANT
If you wish to deny any of the statements set forth in thiB
affidavit, you must file a counter-affidavit within twenty daYB
after this affidavit has been served on you or the BtatelllentB
will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER
SECTION 3301(d) OF THE
DIVORCE CODE
1. The parties to this action separated in May, 1992 and
have continued to live separate and apart since that time.
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 affidvait are true
and correct. I understand that false statementB herein are made
subject to the penalties of 18 Pa.C.S., section 4904 relating to
unsworn falsification to authorities.
Date: cf. ?-9 c:;-
~:-~/ r-;1A~d)/
LORI J. AT,KOOD
....
...
LORI J. ATWOOD,
plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-875 CIVIL TERM
IN DIVORCE
VS.
RODGER T. ATWOOD, II,
Defendant
AY.IDAVIT O. BBRVICB
4\
-
Donald N. Everitt
SnERlPp 01' UNION COUNTY
LEWISBURO, PENNA, 17837
875/95
NOTICE AND COMPLAINT IN DIVORCE
LORI J. ATWOOD
VS
RODGER ATWOOD, II
I hereby certify and return that on March 6, 1995 at
11:03 a.m., EST I served the within named defendant, RODGER17
ATWUUD, 11, by handing to him personally a true copy of the
within Notice and Complaint in Divorce, at LCI Allenwood,
Gregg Township, Union County, PA and made known unto him
the contents thereof.
So Answers, oIJCI'-<Lcut. 1~,':{J.l.IL.
DONALD N. EVERI~~~heriff
Costs:$28.25 Paid
.,
COlllDODWea1 tIi of Penn&lw .~
Counq of Dlllon,.,., D1I ':,~:;.~
"
SWOrD :to and llu1iocrlbod: 'be'rorG ..;
thlll G'v, d!l1 ot ,"~""" J.QQ.C'J .,1
C. ,^,'-.~~~... C:~'~~(::R''''l
Prothonot~, " .~~, ...,
, ','Sl'.l>.-.~'---'
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Cllkl)TAlLHOWt
DcpuIyPrnlhonol'l'/lam.otc.... I
t.t..;,burs, Unl.. Counl\l PA
': f.( ,'minior, up1r" IstUor:J.n 1998
\-.r1
L:U
''-I
~
TO: The Court of Common Pleas of Cumberland County, Pennsylvania
FROM: Rodger T. Atwood,II, Defendant
RE: Civil Action - Law
95-875 Civil Term
May it please the court to accept the following letter as a
Counter- Affidavit to an action received by me on 03/06/95
from your Court. I am a layman, and therefore plead for the
court's forbearance concerning my knowledge pertaining to
the law. I am a Federal Inmate, currently incarcerated at
the FCI Allenwood Medium Facility and an therefore at a
greater disadvantage in answering a Civil or Criminal action,
being unable to avail myself of outside, professional legal
assistance. I am presently unable to afford an attorney,
nevertheless feel compelled to make at least a feeble attempt
to answer the above referenced civil action.
~7
The Plaintiff (Lori J. Atwood) and I were married on 3/01192,
with the knowledge that there was a very great possibility
that I would shortly receive a Federal Prison Sentence.
I was incarcerated on 5/7192, approximately two months ,after
our marriage.
Because I believe strongly in the sanctity of marriage and
that it's an act performed before God, I hereby contest this
Divorce action and beseech the court to recommend counseling.
Enclosed please find a copy of a letter to me from my wife,
postmarked Nov. 15, 1994. In this letter she confesses to
an adulterous affair, assures me that it's over and won't '
happen again, and assures me that our marriage is going to
survive. Therefore, this action came not so much as a shock,
but as a surprise. Although I consider her actions to be an
excellent example of indignity, committed against me, my
determination and beliefs caused me to hope that all would
work out in the end.
..
. .
, ;: At'ofe-t;
.
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LORI J. ATWOOD,
Plaintiff
v.
: IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RODGER T. ATWOOD, II,
Defendant
95-875 CIVIL TERM
IN DIVORCE
COUNTER-AFFIDAVIT UNDER
SECTION 3301ldl OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) 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 and apart for a period of at least
two years.
(~ The marriage is not irretrievably broken.
Check either (a) or (b):
2.
-
-},.;
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(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 a
divorce is granted.
(~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 true and correct. I undertand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date: LJ-'-9'!::
~'1t' (7tu~:W
Defen nt
NOTICE: 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.
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
LORI J. ATWOOD,
Plaintiff
.
.
RODGER T. ATWOOD, II,
Defendant
: 95-875 CIVIL TERM
IN DIVORCE
NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE
TO: Rodger T. Atwood, II,
Defendant
You have been sued in an acticn for divorce.
You have
failed to answer the complaint or file a counteraffidavit to the
Plaintiff's affidavit. Therefore, on or before May 19, 1995, 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
anBwer with your signature notarized or verified or a
counteraffidavit by the above date, the court can enter a f~nal
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 COUNTERAFFIDAVIT WHICH
YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO
THIS NOTICE.
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~
Court Administrator
Cumberland county Courthouse
South Hanover street
Carlisle, PA 17013
(717) 240-6200
..
TO:
FROM:
RE:
. .
The Court of Common Pleas of Cumberland County, Pennsylvania
Rodger T. Atwood,II, Defendant
Civil Action - Law
95-875 Civil Term
May it please the court to accept the following letter as a
Counter- Affidavit to an action received by me on 03/06/95
from your Court. I am a layman, and therefore plead for the
court's forbearance concerning my knowledge pertaining to
the law. I am a Federal Inmate, currently incarcerated at
the FCI Allenwood Medium Facility and an therefore at a
greater disadvantage in answering a Civil or Criminal action,
being unable to avail myself of outside, professional legal
assistance. I am presently unable to afford an attorney,
nevertheless feel compelled to make at least a feeble attempt
to answer the above referenced civil action.
The Plaintiff (Lori J. Atwood) and I were married on 3/02/92,
with the knowledge that there was a very great possibility
that I would shortly receive a Federal Prison Sentence.
I was incarcerated on 5/7/92, approximately two months after
our marriage.
Because I believe strongly in the sanctity of marriage and
that it's an act performed before God, I hereby contest this
Divorce action and beseech the court to recommend counseling.
Enclosed please find a copy of a letter to me from my wife,
postmarked Nov. 15, 1994. In this letter she confesses to
an adulterous affair, assures me that it's over and won't
happen again, and assures me that our marriage is going to
survive. Therefore, this action came not so much as a shock,
but as a surprise. Although I consider her actions to be an
excellent example of indignity, committed against me, my
determination and beliefs caused me to hope that all would
work out in the end.
I would like to take this opportunity to make the court aware
.
of some of my concerns regarding this action. I have much
anticipation regarding a number of arti~les of property that
were purchased by me prior to our relationship, and which are
now being kept by my wife at her mother's house. We had an
understanding that those articles would be returned to me upon
my release. I do now, by this letter, lay claim to those
articles and request the return of same to my family. I am
also presently experiencing a great deal of fear, contemplating
what effect this will have on my Rehabilitation Schedule.
It has thus far caused me a great deal of stress, mental
anguish, and loss of sleep.
The few articles alluded to in the above paragraph are all
I now possess in this world and have been a source of hope
for me in re-building a future. I plead with the court to
intervene on my behalf in trying to save this marriage and my
few meager items of property. In the event this court determines
that this marriage cannot be salvaged, I petition the court
to award me monthly alimony payments in the amount of $100.00.
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I swear that all statements made by me in this letter are true
and correct to the best of my knowledge and am aware of the
penalties for making false statements to the court.
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Your Servant
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Rodge T. Atwood II
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LORI J. ATWOOD,
Plaintiff
VB.
IN THE COURT OF COMMON PLEAS OP
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-875 CIVIL TERM
IN DIVORCE
RODGER T. ATWOOD, II,
Defendant
Ar~IDaVIT O~ SBRVICB
LORI J. ATWOOD, . IN THE COURT OF COMMON PLEAS OF
.
Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
VB. . CIVIL ACTION - LAW
.
.
.
RODGER T. ATWOOD, II, . 95-875 CIVIL TERM
.
Defendant . IN DIVORCE
.
NOTICE OF INTENTION TO REOUEST ENTRY
OF DIVORCE DECREE
TO: Rodger T. Atwood, II,
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 before May 19, 1995, the
Plaintiff can requeBt the court to enter a final decree in
divorce.
If you do not file with the prothonotary of the court an
answer with your Bignature 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 COUNTERAFFIDAVIT WHICH
YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO
THIS NOTICE.
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.
Court Administrator
CUmberland County Courthouse
South Hanover Street
Carlisle, PA 17013
(717) 240-6200
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-875 CIVIL TERM
IN DIVORCE
LORI J. ATWOOD,
Plaintiff
RODGER T. ATWOOD, II,
Defendant
COUNTER-AFFIDAVIT UNDER
SECTION 3301ldl OF THE DIVORCE CODE
1. Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree becauBe
(Check (i), (ii) or both):
(i) The partieB 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 claimB for economic
relief. I understand that I may lose rightB
concerning alimony, division of property, lawyer'B
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 feeB or
expenBeB or other important rights.
"I verify that the Btatements made in this counter-affidavit
are true and correct. I undertand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Section 4904
relating to unsworn falsification to authorities.
Date:
Defendant
NOTICE: 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 thiB counter-affidavit.
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ATTORNEYS AND COUNSElORS AT LAW
llX) NOMTl1ltANOVlM STMlET
C^RllSU. rlNNSYlVANIA 1701.1
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Rodger Atwood
06454-067
F .C.l. Allenwood
P.o. Box 2000
Whi te Deer, PA
17887
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GRIFFIE & ASSOCIA'u;:) ,
200 North Hanover Street
Carlisle, PA 17013
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Cunberland
t. NAME
3 RESIDENCE
tFilltJ
Rod er
St,.., rK R 0
COtIMlIOHWIAUH or "'.....vL\lllUtIA
DlMR'MlN' OF ....llK
VITAL RICOIIDa
DIVORCE
00
RECORD OF
OR ANNULMI!NT
(CHECK ONE) 0
STATE FILE DATE
(1."0 2, DATE tAlon'''' to.y} IN,
OF
Atwood II BIRTH 1 9 66
c..../y St... ., PlACE IS'.,. 01 FtnIgn Country}
Union Count PA OF Carlisle PA
BIRTH
7. USUAL OCCUMTION
HUSBAND
flrfw..}
Theodore
CII)!, 8oro. tJI lWp
Federal Correctional Institute
6 NUMBER I. RACE
OF THIS WHITE
MARRIAGE 1s t Dll
I. MAIDEN NAME
10 RESIDENCE
IFIIt'}
Lori
S',..tOl R,O.
332 North College Street,
12. NUMBER I. RACE
OF THIS WHITE
MARRIAGE 1s t rn
15. PLACE OF (County)
THIS
MARRIAGE
17A NUMBER OF
CHILDREN THIS
MARRIAGE
Perr
11B NUMBER OF DEPENDENT
CHILDREN UNDER II
o
Allenwood
BLACK OTHER t...."',
o 0
WIFE
IMiddIe}
Ja
CII)!, 8<<0. Qt' lWp.
Carlisle,
e
CowI/y
Cumberland,
BLACK OTHER l$peclfy)
o 0
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1St.,. Of Fcnigrt Country}
Penna lvania
111. PLAINTIFF
HUSBAND WIFE
o [2g
OTHER (Spec:ify)
N/A
OTHER ISpeclfy)
o
2f. LEGAL GROUNDS FOR
DIVORCE OR ANNULMENT
20 NUMBER OF HUSBAND WIFE SPLIT CUSTODY
CHILDREN TO 0 0 0
CUSlOOY OF
22, DATE OF DECREE (Month} (D4y)
" SIGNATURE OF
TRANSCRIBING CLERK
~I
STATE FILE HUMBER
Farmer
(1."0 ., OATE tAfOnUl) to-y} IN,
Clement OF
BIRTH 1 19 66
St.,. lI, PlACE (S'." Of FtnIgn Country)
PA OF Buffalo, NY
BIRTH
f4. USUAL OCCUMTIQN
lBborer
DATEOf'
THIS
MARRIAGE
19. DECREE GRANTED TO
HUSBAND WtFE
o [2g
3301(d)
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OTHER '_"I
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23. DATE REPORT SENT IAIon".)
10 VITAL RECORDS
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AND NOW, ' ,.,TI,l~~, .. .. .. .. .. , .... .. ' .. '. 1 ~~ .. .., It Is ordered and
decreed that""", ,l,.QJ;i,J. ,ft.,twoQd"""""""""""""" plaintiff,
and"", ~~~~, "!.., ~~~?~'" ~~"""""""""""""""',. defendant,
are divorced from the bonds of matrimony.
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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;
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Court:
LORI J. AlWOOD,
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
RODGER T. AlWOOD, II
DEFENDANT
95-0875 CIVIL TERM
IN DIVORCE
ORDER OF COURT
AND NOW, this 28th day of June, 1995, the praecipe for the entry of a final
decree In divorce at this time, IS DENIED. Defendant opposes the entry of the
divorce. He claims economic relief.
Bradley L. Griffie, Esquire
For Plaintiff
No petition for bifurcation has been filed.
By the cdG,(,
,
/{ ;
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Edgar B. BaYI~ J.
Rodger T, Atwood, II, Pro se
06454-067
LCI Allenwood
P.O. Box 2000
White Deer, PA 17887
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LORI J. ATWOOD,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
RODGER T. ATWOOD, II,
Defendant
95-0875 CIVIL TERM
IN DIVORCE
PETITION POR BI~URCATION AND
ENTRY O~ DECRBE IN DIVORCE
AND NOW, comes Petitioner, Lori J. AtWOOd, by and through
her counsel of record, Bradley L. Griffie, Esquire, and petitionB
the Court aB folloWB:
1. Your Petitioner is the above named Plaintiff, Lori J.
AtWOOd, an adult individual currently residing at 332 North
College street, CarliBle, Cumberland County, pennBylvania.
2. Your Respondent is the above named Defendant, Rodger T.
Atwood, II, an adult individual currently incarcerated at the
Federal Correctional InBtitution, Allenwood, Post Office Box
2000, White Deer, Union County, Pennsylvania.
3. The Petitioner filed a Complaint in Divorce on February
17, 1995, alleging the parties' marriage is irretrievably broken
and, therefore, the parties should be entitled to a divorce
pursuant to section 3301(d) of the Domestic Relations Code; that
the parties have lived separate and apart since May 2, 1992 and,
therefore, Petitioner is entitled to a divorce purBuant to
Section 3301(d) of the Divorce Code of 1980 as amended; and that
the Respondent has committed such indignities upon the person of
~
the Petitioner, who iB the innocent and injured spouse, aB to
make her condition intolerable and life burdensome, thUB,
allowing a divorce to be entered pursuant to section 3301(a) (6)
of the DomeBtic RelationB Code.
4. Your Petitioner served a certified copy of the Complaint
in Divorce, a copy of the Petitioner's Affidavit Pursuant to
Section 3301 (d), a Notice of Intention to Request Decree in
Divorce and a Section 3301(d) Counter-Affidavit upon the
Respondent at his present residence in the Federal Correction
Institution at Allenwood.
5. Respondent prepared, signed and forwarded to the
prothonotary's Office of Cumberland County the Section 3301 (d)
counter-Affidavit, but did not provide a copy to Petitioner or
counsel for Petitioner.
6. Petitioner filed a Praecipe to Transmit the Record to
finalize the divorce pursuant to section 3301(d) which was denied
when the record reflected that the Respondent's 3301(d) Counter-
Affidavit had been filed.
7. The parties married approximately one and one-half
months prior to Respondent's incarceration in the Federal
Correction Institution at Allenwood.
8. The parties have no marital assets.
9. The filing of Respondent's counter-Affidavit was done
solely to delay the finalization of the divorce as there are no
economic issues to resolve in this case.
10. Contemporaneously with the filing of this petition for
Bifurcation, petitioner haB filed a Petition for Leave of Court
to file an Amended Complaint in Divorce to raise the fact that
the ReBpondent has been sentenced to imprisonment for a term of
two or more yearB upon conviction of having committed a crime,
thUB, providing the Petitioner with groundB for divorce pursuant
to Section 3301(a) (5) of the Domestic Relations Code.
11. Petitioner has had no relationship with the Respondent
of any nature whatsoever for well in excess of three yearB and
wishes to move on with her life.
12. The Petitioner has expended great sums in COBtS, both
for the filing and initiation of thiB divorce action and COBtB
for service of the Respondent at his place of imprisonment in
Union county, PennBylvania, and, therefore, respectfully requests
that the Court authorize service by first class mail, postage
prepaid upon the Respondent.
WHEREFORE, Petitioner requests your Honorable Court to enter
a Rule upon the Respondent to show cause, if any he has, aB to
why this case should not be bifurcated and why the Court should
not enter a Decree in Divorce pursuant to Section 3301(d),
3301(a)(5), or 3301(a) (6) of the Domestic Relations Code.
Respectfully submitted,
riffie, Esquire
ey'etitioner
North Hanover Street
Carlisle, PA 17013
(717) 243-5551
(800) 347-5552
I verify that the BtatementB made in the foregoing document
are true and correct. I understand that false statements herein
are made subject to the penaltieB of 18 Pa.C.S. section 4904,
relating to unBworn falsification to authorities.
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LORI J. ATWOOD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-0875 CIVIL TERM
vs.
RODGER T. ATWOOD, II,
Defendant
IN DIVORCE
WRIT O~ HABBAS CORPUS TO J.D. SWINSON. WARDBN.
~BDBRAL CORRBCTION INSTITUTB. MBDIUM SBCURITY. AT ALLBNWOOD
WHITE DBER. PENNSYLVANIA
Greetings:
We command you that the body of Rodger T. Atwood, II, under
your custody detained, as it is said, by whatsoever name he may
be detained, you bring before the Honorable Edgar B. Bayley,
Judge of our Court of Common Pleas in the County
the Courthouse in Courtroom number 2 on Monday,
of Cumberland at
.:<3 I/o{
the J.6'th day of
October, 1995, at 1:30 p.m. to do, submit to and receive whatever
our Judge shall then and there consider relative to the hearing
previously scheduled in this matter.
Witness, the Honorable Edgar B. Bayley, Judge of our said
court, this .;2fc1i--- day of September, 1995.
~...Lii Q. -e~#Um ~
Lawrence elker, prot ono a y
LORI J. ATWOOD,
Plaintiff
: IN ~HE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
AND NOW, this
26
day of September, 1995, upon
.
.
VS.
: 95-0875 CIVIL TERM
.
.
RODGER T. ATWOOD, II,
Defendant
: IN DIVORCE
.
.
ORDER OF COURT
consideration of the within Petition and upon the Motion of
Bradley L. Griffie, Esquire, Attorney for the above named
Plaintiff, IT IS ORDERED AND DIRECTED that a Writ of HabeaB
Corpus Ad Subjiciendun be issued forthwith and that the above
named Defendant be brought to the Court of Common Pleas of
Cumberland County, Carlisle, Pennsylvania, for a hearing
,:(3
presently scheduled for Monday, October ~, 1995 at 1:30 p.m. in
Courtroom Number 2 of the aforesaid Courthouse.
IT IS FURTHER ORDERED AND DIRECTED that the Prothonotary of
Cumberland County, Pennsylvania, serve the Warden of the Federal
Correctional Institute at Allenwood, White Deer, Union County,
Pennsylvania, with said Writ or a copy thereof.~
BY THE COU
)
,
,
LORI J. ATWOOD,
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-0875 CIVIL TERM
IN DIVORCE
RODGER T. ATWOOD, II,
Defendant
PETITION ~OR WRIT OF HABEAS CORPUS
TO THE HONORABLE THE JUDGES OF SAID COURT:
Petitioner, Bradley L. Griffie, Esquire, attornsy of record
for the above named Plaintiff, respectfully represents as
follows:
1. The above named Plaintiff initiated a Complaint in
Divorce against the above named Defendant fo~ various reasons,
all of which were set forth in the Complaint in Divorce and
Amended Complaint in Divorce in this action.
2. The above named Defendant is incarcerated in the Federal
Correctional Institute at Allenwood, where he has been so
incarcerated for in excess of two years and where he is expected
to be incarcerated for several additional years at a minimum.
3. The Plaintiff attempted to finalize a divorce in this
case pursuant to Section 3301(d) of the Domestic Relations Code,
as the Defendant refused to cooperate relative to the
finalization of the divorce pursuant to Section 3301(c) of the
Domestic Relations Code.
4. Without providing Plaintiff or her counsel with a copy,
the Defendant forwarded a signed Counter-Affidavit Under Section
3301(d) to the prothonotary's Office in Cumberland County.
5. The filing of the Counter-Affidavit Under Section
3301(d) resulted in the inability of the Plaintiff to finalize
the divorce.
6. There are no marital property or economic iSBues to be
advanced by the Defendant, as the parties were only married for a
few days prior to Defendant's incarceration.
7. The sole purpose for the Defendant filing a Counter-
Affidavit was to stall the ultimate finalization of the divorce
in this case.
8. The Plaintiff has filed a Petition for Bifurcation so
that she can conclude her divorce and allow the Defendant to
pursue economic issues if he believes they exist.
9. The Plaintiff has filed a Petition for Bifurcation for
the entry of a Decree in Divorce which has caused a hearing to
be scheduled for Monday, octoberU, 1995 at 1:30 p.m. in
Courtroom number 2 of the Cumberland county Courthouse in
Carlisle, Pennsylvania, in front of the Honorable Edgar B.
Bayley.
10. To date, neither the Plaintiff nor her legal counsel
have received any response from the Defendant as to whether he
will cooperate in the finalization of this divorce, whether he
intends to appear at the hearing, or whether he intends to defend
against the bifurcation issue.
11. In order to avoid the complications that would result
in the failure of the Defendant to appear at the hearing on
;!3
October l6, 1995, Plaintiff believes it is necessary to order the
Defendant to be present at that hearing.
I verify that the statementB made in the foregoing document
are true and correct. I understand that false statementB herein
are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
DATE:
91:)(/5,
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IJUL ;J,
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!'
LORI J. ATWOOD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
vs.
RODGER T. ATWOOD, II,
Defendant
95-0875 CIVIL TERM
IN DIVORCE
AND NOW, thiB 7-ft-.
ORDBR @OR'5--
day of ~ 1995,
upon presentation and
consideration of the within Petition, the Petitioner iB granted
leave to file an Amended Complaint in Divorce to include Section
3301(a)(5) as a grounds for divorce in her Complaint in Divorce
and to request payment of
Respondent.
counsel fees and expenB~B
I
, / /
BYC;;~
Edgar B. Bayley t J
by the
I'
'.
,
~11i;' . :."
56. \iI' I1ti 6 L ~nv
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-0875 CIVIL TERM
IN DIVORCE
LORI J. ATWOOD,
Plaintiff
RODGER T. ATWOOD, II,
Defendant
PETITION ~OR RELIEP TO ~ILE AMENDED
COMPLAINT IN DIVORCE
AND NOW, comes Petitioner, Lori J. Atwood, by and through
her counsel of record, Bradley L. Griffie, Esquire, and petitions
the Court as follows:
1. Your Petitioner is the above named Plaintiff, Lori J.
Atwood, an adult individual currently residing at 332 North
College Street, CarliSle, Cumberland County, Pennsylvania.
2. Your Respondent iB the above named Defendant, Rodger T.
AtWOOd, II, an adult individual currently incarcerated at the
Federal Correctional Institution, Allenwood, Post Office Box
2000, White Deer, Union county, PennBylvania.
3. Petitioner filed a Complaint in Divorce in this action
on February 17, 1995 requesting a divorce based upon consent
(Section 3301 (c) ), two year sep..ration (Section 3301 (d) ), and
indignities (Section 3301(a) (6)).
4. The parties have not had any relationship of any nature
whatsoever since the Respondent's incarceration in May of 1992.
~
5. The Petitioner fully expected the Respondent to
cooperate as the parties were only married for approximately one
and one-half months before Respondent's incarceration at the
Federal Institution and the parties have no marital assets.
6. The Petitioner fully expected the Respondent's
cooperation in finalizing the divorce.
7. Despite this, the Respondent has now filed a Counter-
Affidavit under Section 3301(d), thus, delaying the finalization
of the divorce in this matter.
8. Your Petitioner, contemporaneously with filing this
petition, is filing a Petition for Bifurcation so that the Court
can bifurcate this matter and enter a Decree in Divorce purBuant
to the request of the Petitioner.
9. The parties do not have marital assets of any kind to
distribute and there are no financial or economic issues involved
in this case.
10. The filing of the Defendant's counter-Affidavit
pursuant to section 3301 (d) was done solely to cause the
Petitioner additional costs and to delay the entry of a Decree in
Divorce in this case.
11. The Petitioner does not have funds to pay for the costs
and fees associated with these additional actions necessitated by
the baseless actions of the Respondent.
.
I verify that the statements made in the foregoing document
are true and correct. I understand that false statements herein
are made subject to the penalties of 18 Pa.C.S. Sectlon 4904,
relating to unsworn falsification to authorities.
/J
X~ '~ ~~
LO~I J. ATWOOo/
DATE: 7/.)' ,c,.~'
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OCT 1 3 \9S5Ib~
LORI J. ATWOOD.
Plaintiff
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
95-0875 CIVIL TERM
RODGER T. ATWOOD. II,
Defendant
IN DIVORCE
warT OP HABEAS CORPUS TO J.D. swrNSON. WARDEN.
PEDBRAL CORRBCTrON rNSTITUTB. MEDIUM SECURITY. AT ALLBNWOOD
WHITB DEBR. PBNNSYLVANIA
Greetings:
We command you that the body of Rodger T. Atwood, II. under
your custody detained, as it is said, by whatsoever name he may
be detained, you bring before the Honorable Edgar B. Bayley,
Judge of our Court of Common Pleas in the County of Cumberland at
Fourth Floor,
Cumberland County
Courthouse,
Carlisle,
Pennsylvania 17013, in Courtroom number 2 on Monday. the 23rd
day of October, 1995, at 1:30 p.m. to do, submit to and receive
whatever our Judge shall then and there consider relative to the
hearing previously scheduled in this matter.
This matter is a
contested divorce proceeding necessitating the presence of the
said Rodger T. Atwood, II. This Writ is issued at the request of
the above-named Plaintiff, Lori T. Atwood, and her legal counsel.
As the aforesaid Rodger T. Atwood, II, has made certain defenses
and claims by Af;fidavit in the divorce action pending against
him, his presence is now required to give testimony under oath as
regards those defenses and claims.
The inmate's ongoing incarceration essentially creates the
impossibility of resolving this case through any means other than
via his presence at the scheduled hearing.
The said Rodger T. Atwood, II will be incarcerated at the
holding cell of the Sheriff's Department, Cumberland County
Courthouse, Carlisle, Pennsylvania, during these proceedings. If
it is necessary to detain him for a period requiring an overnight
stay, he will be detained at the Cumberland County Prison,
Claremont Road, Carlisle, Pennsylvania.
The Cumberland county Sheriff's Department is the agency
responsible for transporting the said Rodger T. Atwood, II from
the Federal correction Institute at Allenwood to the Court of
Common Pleas of Cumberland county, carlisle, Pennsylvania.
Information relative to the specific individual transporting the
said Rodger T. Atwood, II at the direction of the Court is listed
below.
The projected date of return of the inmate is Monday,
October 23, 1995.
I; ~ -rJ .
~r._<.tiP a. . I '" < ".-0 t\ ~
Lawrenc Welker, Proth n ary
Cumberland county Courthouse
Carlisle, PA 17013
(717) 240-6195 <9-t:t.. I~. l'i%"'
This is to certify that the above-named inmate will be
provided safekeeping, custody and care while in the custody of
the Cumberland County Sheriff's Office and that the said
Cumberland County Sheriff's
Office will
full
assunle
responsibility for that custody, to include providing the inmate
the level of security required by the Bureau of Prisons pOlicy,
and will return the inmate on the conclusion of the inmate's
LORI J. ATWOOD,
Plaintiff
.
.
.
.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: 95-0875 CIVIL TERM
RODGER T. ATWOOD, II,
Defendant
: IN DIVORCE
ORDER OF COURT
AND NOW, this It day of October, 1995, upon presentation
and consideration of the within Petition and upon the Motion of
Bradley L. Griffie, Esquire, attorney for the above-named
Plaintiff, IT IS ORDERED AND DIRECTED that the attached Writ of
Habeas corpus Ad Subj iciendun be issued forthwith and that the
above-named Defendant be brought to the Court of Common Pleas of
Cumberland county, Carlisle, Pennsylvania for a hearing presently
scheduled for Monday, October 23, 1995, at 1:30 p.m. in Courtroom
Number 2, of the Cumberland County Courthouse, Carlisle,
Pennsylvania.
IT IS FURTHER ORDERED AND DIRECTED that the Prothonotary of
Cumberland County, Pennsylvania, serve the Warden, issue the
Writ, and forward it to the Cumberland county Sheriff'S
Department for that Department's execution and service of the
Writ upon the Warden of the Federal Correction Institute of
Allenwood, White Deer, Union county, pennsylvani;.
I
BY THE c6URT,
~t.!.,.
.-
Judge
LORI J. ATWOOD, I IN THE COURT OF COMMON PLEAS OF
plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA
.
.
.
vs. . 95-0875 CIVIL TERM
.
.
.
RODGER T. ATWOOD, II, . IN DIVORCE
.
Defendant I
WRI~ O. BABBAS CORPUS TO J.D. SWINSON. WARDEN.
FEDERAL CORRECTION INSTITUTB. MEDIUM SECURITY. AT ALLENWOOD
WRITB DEER. PENNSYLVANIA
Greetinqs:
We command you that the body of Rodqer T. Atwood, II, under
your custody detained, as it is said, by whatsoever name he may
be detained, you brinq before the Honorable Edgar B. Bayley,
Judqe of our Court of Common Pleas in the County
the Courthouse in Courtroom number 2 on Monday,
of cumberland at
~ ~ n.cL
the 1-61:11 day of
October, 1995, at 1:30 p.m. to do, submit to and receive whatever
our JUdge shall then and there consider relative to the hearing
previously scheduled in this matter.
Witness, the Honorable Edgar B. Bayley, Judge of our said
Court, this ~~:tA. day of September, 1995.
~":'l..~ a. . -p ~c..J .DF.\
Lawrence elker, protnonotary
TRUE COpy FROM RECORD
In T :~I nl'~'1 :. r. "I, i h.~r~ ~~Io s~t my hand'"
and flu s.:a: ci ;~:d CJJrl at Carlisle, Pa.
This ~d:fi:. d~y of~..::! 199..f.:.
o,.n 'L. i'~R." ,
.................~1...~..~... ... '", ...n..._oo._
.efi1;t , Prothonotary
- EXHIBIT "A" -
, ,
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-0875 CIVIL TERM
IN DIVORCE
LORI J. ATWOOD,
plaintiff
RODGER T. ATWOOD, II,
Defendant
ORDER 01' COURT
AND NOW, this
.;1("
day of September, 1995, upon
consideration of the within Petition and upon the Motion of
Bradley L. Griffie, Esquire, Attorney for the above named
Plaintiff, IT IS ORDERED AND DIRECTED that a Writ of Habeas
Corpus Ad Subjiciendun be issued forthwith and that the above
named Defendant be brought to the Court of Common Pleas of
Cumberland County, Carlisle, Pennsylvania, for a hearinq
.23
presently scheduled for Monday, October ~, 1995 at 1:30 p.m. in
Courtroom Number 2 of the aforesaid Courthouse.
IT IS FURTHER ORDERED AND DIRECTED that the prothonotary of
CUmberland County, Pennsylvania, serve the Warden of the Federal
Correctional Institute at Allenwood, White Deer, Union County,
Pennsylvania, with said Writ or a copy thereof.
BY THE COURT,
I~I fu~'~
Edgar B. ayley, Ju e
T:'l'"
I. . .
j:l Tc.;lim~: ." ' . .. .:/ hJnd
,:~d the SE~i 0; S;J!,j CCJd Ji ':'::I:~I'~' Pa.
ihis H"!?'f?~.. day of......~~,.;!..;, 19_~
................~...4.~:f~
oCl~"'rolhonotary
. '.
vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
95-0875 CIVIL TERM
IN DIVORCE
LORI J. ATWOOD,
Plaintiff
RODGER T. ATWOOD, II,
Defendant
PETITION FOR WRIT OP HABBAS CORPUS
TO THE HONORABLE THE JUDGES OF SAID COURT:
Petitioner, Bradley L. Griffie, Esquire, attorney of record
for the above named Plaintiff, respectfully represents as
follows:
1. The above named Plaintiff initiated a Complaint in
Divorce aqainst the above named Defendant fo;r: various reasons,
all of which were set forth in the Complaint in Divorce and
Amended Complaint in Divorce in this action.
2. The above named Defendant is incarcerated in the Federal
Correctional Institute at Allenwood, where he has been so
incarcerated for in excess of two years and wher~ he is eXPected
to be incarcerated for several additional years at a minimum.
3. The Plaintiff attempted to finalize a divorce in this
case pursuant to Section 3301(d) of the Domestic Relations Code,
as the Defendant refused to cooperate relative to the
finalization of the divorce pursuant to Section 3301(c) of the
Domestic Relations Code.
4. without providing Plaintiff or her counsel with a copy,
the Defendant forwarded a signed Counter-Affidavit Under Section
3301(d) to the Prothonotary's Office in Cumberland County.
5. The filing of the counter-Affidavit Under section
330l(d) resulted in the inability of the plaintiff to finalize
the divorce.
6. There are no marital property or economic issues to be
advanced by the Defendant, as the parties were only married for a
few days prior to Defendant's incarceration.
7. The sole purpose for the Defendant filinq a Counter-
Affidavit was to stall the ultimate finalization of the divorce
in this case.
8. The Plaintiff has filed a Petition for Bifurcation so
that she can conclude her divorce and allow the Defendant to
pursue economic issues if he believes they exist.
9. The Plaintiff has filed a Petition for Bifurcation for
the entry of a Decree in Divorce which has caused a hearing to
be scheduled for Monday, October 16, 1995 at 1:30 p.m. in
Courtroom number 2 of the Cumberland County Courthouse in
Carl isle, Pennsylvania, in front of the Honorable Edgar B.
Bayley.
10. To date, neither the plaintiff nor her legal counsel
have received any response from the Defendant as to whether he
will cooperate in the finalization of this divorce, whether he
intends to appear at the hearing, or whether he intends to defend
against the bifurcation issue.
11. In order to avoid the complications that would result
in the failure of the Defendant to appear at the hearinq on
October 16, 1995, Plaintiff believes it is necessary to order the
Defendant to be present at that hearinq.
I verify that the statements made in the foregoing document
are true and correct. I understand that false statements herein
are made Subject to the penalties Of 18 Pa.C.S. Section 4904,
relatinq to unsworn falsification to authorities.
DATE:
1b'/$r-
I f
8AAoLlV L. GRI"II
McI1Iu.1 R. CALVlAT
GRIFFIE & ASSOCIATES
ATTORNEYS AND COUNSELORS AT LAW
200 NOflTM H."""". STO'IT
C."".... PA 17013
(717) 243-5551
1 (800) 34 7.5552
FAX 717-243.5063
T""", L. e.uu.
ucw. AIIIIUNT
Roo.. J. GoOHOlVf
o.'ICI MANA"".
c.........._ T.UIl Iluou>""
SuIT. 5110, 14 Nom.. MA" STOUT
e..........u.... PA 17201
(717) 257.13110
October 12, 1995
RIOlo' 1'0: e....1lI
ROdger ~, AtwOOd, II
06454-067
FCI Allenwood
P.O. Box 2000
White Deer, PA 17887
Dear Mr. Atwood:
Although I understand you have already received a copy of
the Court's Order in this case. I am enclosing a photocopy of
that Order for your records.
In addition, I am providing you with a copy of two
documents. One is an Affidavit of Consent in which you would
consent to the divorce in this case. The second is . a Praecipe
withdrawing your claim for economic relief.
As you have been aware from the time this action was
initiated, there is no economic relief to be gained in this case.
There is no property as all the property was confiscated through
your criminal proceedings. There is no claim for any type of
payment of any nature from Ms. Atwood to you. The purpose in
filing your documentation, as is now becoming obvious, was to
delay these proceedings.
Under any circumstances, as you are aware the Court is going
to require you to be in attendance at the hearing on October 23.
The Court has denied your Petition requesting to be exempted from
the writ of habeas corpus. Therefore, we plan to see you in
court at that time.
If you wish to eliminate these ongoing proceedings, please
sign, date and return the Affidavit of Consent and the Praceipe
that I have enclosed. I have enclosed a self-addressed stamped
envelope for purposes of having you return these documents to me.
If they are received well in advance of the October 23, 1995
hearing, we can conclude this case without the necessity of a
hear irlY .
In addition,
attorney's fees in
position to require
believe that your
I remind you that we have made a claim for
this case. While the court may not be in a
any sort of payment from you at this time, we
actions in this case in making claims for
October 14, 1995
Griffie 6 Associates
Attorneys and Counselors at Lav
200 North Hanover Street
Carlisle, Pa. 17013
Dear Mr. Griffie,
Apparently you have not comprehended or have aisunderstood a nuaber
of points regarding ay position in these divorce proceedings.
It is not, nor has it ever been ay intent to delay these proceedings
in any way, but rather to obtain written assurance either from the court
or your office, that a member of ay faai1y would be peraitted to retrieve
my personal effects that have been utored at the residence of Plaintiffs'
Mother since the Spring of 1992.
With an unlearned band, I subaitted (3) three petitions to the court
on October 2nd, 1995. I have received reply on (1) one of those petitions,
requesting exeaption on the Writ of Habeas Cprpus. The second petition
sought the written assurance referred to in the second parsgraph above.
The third petition asked the court to allow me to withdraw ay counter-
Affidavit and to accept another one attached to that petition, wherein I
do consent to the divorce and do not seek economic relief.
The bottom line Hr. Griffie
ing the retrieval of ay "stuff".
be seen as junk, but it is all I
is that I seek only written assurance regard-
When viewed by the world, ay "stuff" would
possess in this world.
Although the esteem I afforded you was greatly diminished by the next to
last paragraph in your most recent letter to me, I now rely and call upon
whatever integrity you possess to obtain written assurance in my interest.
Lori has not given me any indication that there is or would be any problea in
retrieving said property, I just want to avoid any potential hassle in my
Brother Jaaie picking those things up. I spoke with Plaintiffs' sister, one
Barbara Baker, on Friday 10/13/95, at which time she informed me that there
was no problem in picking up my belongings.
If you'll have the court grant my petition regarding my belongings, or
give me written assurance yourself, I'll gladly send you the two forms you
requested. If not. then I'll see you on Monday the 23rd. You cannot expect
me to inadvertant1y waive ay rights to my junk by signing your foraa.
In addition, I do object to you introducing my Federal sentencing record,
for it has no bearing on this proceeding. If the character of Defendant and
Plaintiff were compared by criminal records. I'd probably win nut.
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Sincerely,
Rodger T. Atwood II
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Rodger T. Atwood II
lCI Allenvood
P. O. Bos: 2000
White Deer, Pa. 17887
06454-067
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155413 10/16/95
Court of eo-,n Pleas of CUllberland County Pennsylvania
Judge Edgar Bayley
c/o Office of Prothonotary
Cumberland County Courthouse
South Hanover Street
Carlisle, PeDDsy1vania 17013
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LORI J. ATWOOD
Plaintiff
: IN THE COURT OF COMMON PLXAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
.
.
VD.
: CIVIL ACTION - LAW
.
.
RODGER T. A'lWooD, II
Defendant
: 95-0875 CIVIL TERM
: IN DIVORCE
PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS
AND NOW, comes Petitioner, Rodger T. Atwood II, pro se,
and petitions the court as follows:
1. Your Petitioner is the above named Defendant, Rodger T.
Atwood II, an adult individual currently incarcerated at the
Federal Correctional Institution, Allenvood, Post Office Box
2000, White Deer, Union County, Pennsylvania.
2. Petitioner respectfully requests your Honorable Court to
issue an Order granting Petitioner Leave To Proceed IN FORMA
PAUPERIS, according to rule 1920.62 (Proceedings by Indigent
Parties) (effective 07/01/95) per Rule 240 IN FORMA PAUPERIS.
.
LORI J. ATWOOD IN THE COURT OF COMMON PLEAS OF
",. Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
.
.
vs. . CIVIL ACTION - LAW
.
RODGER T. ATWOOD II . 95-0875 CIVIL TERM
.
Defendant . IN DIVORCE
.
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the Defendant in the above .matter and because of
my financial condition am unable to pay the fees and costs of
prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my
family and associates, to pay the costs of litigation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct:
(a) Name: Rodger T. Atwood II
Address: FCI Allenwood 06454-067
P. O. Box 2000
White Deer, Pa. 17887
Social Security Number: 199-62-5260
(b) Employment
Employer: Federal Bureau Of Prisons
FCI Allenwood
P. O. Box 2000
White Deer, Pa. 17887
Salary or wages per month: $ 5.25
Type of work: Orderly
(c) Other income within the past twelve months
Other: $ 200.00 (gifts from family)
(d) Other contributions to household support
NONE
......
.....
(e) Property owned
NONE
(f) Debts and obliRations
Other: $ 25.00 (Federal Court Aaessment)
(g) Persons dependant upon you for support
Children, if any:
Name: Rodger T. Atwood III Age: 8 yrs.
109 Mountainview Drive
Mount Holly Springs, PA. 17065
4. I understand that I have a continuing obligation to inform
the court of improvement in my financial circumstances which would
permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalities of 18 Pa.C.S. 4904, relating to unsworn
falsification to authorities.
DATE: /D-/.;1.-95
~ T. /J;&;-~7l:
Petitioner
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LORI J. ATWOOD : IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY. PENNSYLVANIA
vs. . CIVIL ACTION - LAW
.
:
RODGER T. ATWOOD II 95-0875 CIVIL TERM
Defendant : IN DIVORCE
AFFIDAVIT IN SUPPORT OF PETITION
FOR LEAVE TO PROCEED IN FORMA PAUPERIS
1. I am the Defendant in the above matter and because of
my financial condition am unable to pay the fees and costs of
prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my
family and associates, to pay the costs of litigation.
3. I represent that the information below relating to my
ability to pay the fees and costs is true and correct:
(a) Name: Rodger T. Atwood II
Address: FCI Allenwood 06454-067
P. O. Box 2000
White Deer, Pa. 17887
Social Security Number: 199-62-5260
(b) Employment
Employer: Federal Bureau Of Prisons
FCI Allenwood
P. O. Box 2000
White Deer. Pa. 17887
Salary or wages per month: $ 5.25
Type of work: Orderly
(c) Other income within the past twelve months
Other: $ 200.00 (gifts from family)
(d) Other contributions to household support
NONE
. .-.......-.- ~.....-.... '-
J (e) Property owned
NONE
(f) Debts and obligations
Other: $ 25.00 (Federal Court Asessment)
(g) Persons dependant upon you for support
Children, if any:
Name: Rodger T. Atwood III Age: 8 yrs.
109 Mountainview Drive
Mount Holly Springs, PA. 17065
4. I understand that I have a continuing obligation to inform
the court of improvement in m:l financial circumstances which would
permit me to pay the costs incurred herein.
5. I verify that the statements made in this affidavit are true
and correct. I understand that false statements herein are made
subject to the penalities of 18 Pa.C.S. 4904, relating to unsworn
falsification to authorities.
DATE: It> - /.;2 - 95
~ T 11ti;~:r+;
Petit one~
IN THE COURT OF COMMON PLEM
OF CUMBERLAND COUNTY,
PENNSYLVANIA
LORI J. ATWOOD,
Plaintiff
VS.
RODGER T. ATWOOD, II,
Defendant
PETITION FOR A CONTINUANCE
GRIFFIE & ASSOCIATES
ATTORNEYS'AT'LAW
200 NORTH HANOVER STREET
.. CARLISLE. PA 17013
. SUITE 550
14 NORTH MAIN STREET
CHAMBERIBURG. PA 17201
Ocr 19 Lj 23 PH '95
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vs.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-0875 CIVIL TERM
: IN DIVORCE
LORI J. ATWOOD,
plaintiff
RODGER T. ATWOOD, II,
Defendant
AND NOW,
this
ORDER 01'
~I
COURT
day of october,
1995,
the
hearing scheduled in the above captioned matter for Monday,
October 23, 1995, at 1:30 p.m. at the Cumberland County
Courthouse is hereby continued generally to be rescheduled at
the request of either party.
'.
BY
LORI J. ATWOOD,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
95-0875 CIVIL TERM
IN DIVORCE
vs.
RODGER T. ATWOOD, II,
Defendant
PETITION FOR CONTINUANCE
,
AND NOW, comes Petitioner, Bradley L. Griffie, Esquire,
counsel of record for the above-named Plaintiff, and petitions
the Court as follows:
1. The Plaintiff and Defendant were scheduled for a
hearing in this matter on October 23, 1995, at 1:30 p.m.
~. Based upon telephone conversations between the Defendant
and counsel for the Plaintiff, counsel for the Plaintiff was led
to believe that the parties' had reached a comprehensive
agreement in this case.
3. Plaintiff and her counsel continue to believe that this
matter may be resolved without the necessity of a hearing.
4. Defendant is incarcerated at the Allenwood Federal
Correction Institute.
5. Great costs will be incurred by the parties and the
Court in order to transport the Defendant to the Court for
purposes of the scheduled hearing.
6. Defendant has previously advised the Court of his
opposition to attendance at the hearing.
7. Continuing the matter from the present hearing date will
allow the parties to resolve this matter without litigation.
8. Continuing the matter will not be a harm or detriment to
the either party.
WHEREFORE, Petitioner requests your Honorable Court to
continue the above referenced hearing, generally.
Respectfully sUbmitted,
& ASSOCIATES
re
,
~.
Date:
VERII'ICATION
I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING DOCUMENT
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.
DATE:
1~(1S