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HomeMy WebLinkAbout02-4344SHIRLEY A. SPEAK, Plaintiff ROBERT L. SPEAK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. n : CIVIL ACTION - LAW : : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SHIRLEY A. SPEAK, Plaintiff ROBERT L. SPEAK, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW : IN DIVORCE _NOTICIA Le han demandado a usted en la corte, Si usted Quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene que tomar accion pronto. Sea avisado que si usted no se defiende, la corte tomara medidas y tm decreto en divorcio o anulacion puede ser entrado contract used por la corte. Una orden contra useted tambien puede ser entrada por calquier queja o alivio que is pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted, inclusivamente custodia o derecho a visitar sus hijos. Quando el fundamente para el divorcie es indignidades o el ropimiento del matrimonio, usted puede pedir aconsejo sobre su matrimonio. Una lista de consijeros es disponible en la oficina del Protonotario en el Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania, 17013. Si usted no archiva en la corte enforma escrita su demanda para assistencia de divorcio, division de propiedad, honorarios o costas para su abogado antes que la corte entre una orden en divorcio o anulacion, usted puede perder su derecho a damandar cualquiera de esto. Lleve esha demanda a tm abogado o si no tiene el dinero suficiente de pagar tal servico, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra estcrita abajo para averiguar donde se puede consequir asistencia legal. Cumberland County Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SHIRLEY A. SPEAK, Plaintiff ROBERT L. SPEAK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. CIVIL ACTION - LAW 1N DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301 (C) OR 3301(D) OF THE DIVORCE CODE AND NOW COMES the above named Plaintiff by her attorney, Gary L. Rothschild, Esquire, and seeks to obtain a decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: COUNT I DIVORCE I. Plaintiff is Shirley A. Speak, who currently resides at 12 East Glenwood Drive, Camp Hill, Cumberland County, Pennsylvania 17011, having so resided since July 2002. 2. Defendant is Robert L. Speak, who currently resides at 130 Sherwood Ave., St. Thomas, Franklin County, Pennsylvania 17252, having so resided since July 1999. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 9, 1999, in Franklin County, Pennsylvania. 5. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The Defendant is not a member of the Armed Services of the United States or any of its allies. 9. The Plaintiff and Defendant are both citizens of the United States. 10. Plaintiff avers that there are no children of the parties. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II ALIMONY 11. Paragraphs one through ten are hereby incorporated by reference herein as if fully set forth. 12. The Plaintiff is employed at Kings Jewelry and earns approximately $ 600.00 net per month. 13. The Defendant is retired and receives approximately $ 2,500.00 net per month. 14. Plaintiff is unable to adequately support herself through appropriate employment. 15. Plaintiff lacks sufficient property, including, but not limited to, any property distributed pursuant to the Divorce Code of 1980, as amended, to provide for her reasonable needs. WHEREFORE, Plaintiffprays that Your Honorable Court grant an Order upon Defendant compelling the Defendant to pay alimony to Plaintiff. COUNT III ALIMONY PENDENTE LITE, COUNSEL FEES AND COSTS 16. Paragraphs one through fifteen arc hereby incorporated by reference herein as if fully set forth. 17. By mason of the institution of the action to the above term and number, Plaintiff will be and has been put to considerable expense in the preparation of her case, in the employment of counsel and the payment of costs. 18. The Plaintiff's income is disproportionately lower than Defendant's income, and Plaintiff is without adequate income to pay the costs and expenses of this litigation, and is, likewise, without adequate income to maintain herself during the pendency of the litigation. WHEREFORE, Plaintiff prays that Your Honorable Court grant an Order upon Defendant to pay Plaintiff alimony pendent lite and counsel fees and costs of litigation. COUNT IV EQUITABLE DISTRIBUTION 19. Paragraphs one through eighteen are hereby incorporated by reference herein as if fully set forth. 20. Plaintiff states that Plaintiff and Defendant possess various items of both real and personal marital property which is subject to equitable distribution by the Court. 21. Plaintiff requests equitable distribution of the parties' assets and liabilities by this Court. WHEREFORE, Plaintiff prays that Your Honorable Court: (a) Equitably divide and distribute all property, personal and real owned by the parties; and (b) Grant such further relief as the Court may deem equitable and just. Respectfully submitted Date: By: z :y/~. Ro~schild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Shirley A. S~ak ' - SHIRLEY A. SPEAK, Plaintiff Vo ROBERT L. SPEAK, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-4344 CIVIL TERM : CIVIL ACTION - LAW : : IN DIVORCE ACCEPTANCE OF SERVICE I, Anne M. Shephard, Esquire hereby accept service of Plaintiff's Complaint In Divorce. I hereby certify that I represent the above-captioned Defendant, Robert L. Speak, and further certify that I am authorized to accept service on behalf of said Defendant. Date: ~/~.~'g~ KAMINSKI & HAWBAKER 221 Lincoln Way East Chambersburg, PA 17201 Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Shirley A. Speak, Plaintiff Robert L. Speak, Defendant Civil Action - Law No. 02-4344 Ci!vil Term In Divorce AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 10, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint:. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true ,and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. Robert L. SpeakS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Shirley A. Speak, Civil Action - ]Law Plaintiff v. No. 02-4344 Civil Term Robert L. Speak, Defendant In Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divot.ce 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 Waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: R~i~ert L. ~peak, I~fendaht POST-MARITAL AGREEMENT BY AND BETWEEN ROBERT Li SPEAK AND SHIRLEY SPEAK LAW OFFICE OF ANNE M. SH~ARI), LLC 2025 E Main St. . Waynesbor0, Pa. 1726~ This Agreen Robert L. Speak, he Wife, witnesmt, h: WHEREAS about December 9 WHEREAS legal counsel and tlc implications of this execution hereof; WHEREAS lolows the size, det acknowledges that estate and income WI-IEREAI of this Agreement of their respective and Wife having be WHEREAi respective property and apart; and, wis NOW, TH~ contained, intendin 1. SEPAR, lives. Each shall be unmarried. Each n profession he or sh 2. MUTU~ after the date ofthi the other, and to ~ right to inherit, rigl be vested with letti The parties further joinder by him or h PROPERTY AND SEPARATION AGREEMENT ~ w ent made and entered this ~ 0 day of~, 2003, by mid bet egal reinaffer referred to as Husband, and Shirley Speak, hereinafter referred to as the parties hereto are husband and wife, they having been married on or 1999, at Franklin County, Pennsylvania; and the parties hereto have ceased to cohabit together as husband and wile; and both and each of the parties hereto have been advised oftheh' right to seek st said legal counsel would explain to them their legal rights and the ~,greeanent and the legal consequences which may and will ensue from tile , Wife acknowledges that she is thoroughly conversant with and accurately tee, and extent of the estate and income of Husband, and Husband ' te is thoroughly conversant with and knows the size, degree, and extent of the fWife; , each of the parties hereto in the negotiations leading to and in the execution aving had the opportunity to be represented by' legal counsel and arc aware ;gal rights, Husband having been represented by Anne M. Shepard, Esquire ;ii represented by Gary L. Rothschild, Esquire. , the panics hereto wish finally and for all time to settle and determine their and other fights Wowing out of their marital reiation; wish to live separate t to enter into this property and separation Agnvement. REFORE, in consideration of the promises and mmual undertakings herein g to be legally bound herd)v, the parties do mutually agree as follows: [TION: The parties may and shall cominue to live apart for the rest ofthei~ flee from interference, direct or indirect, by the other as fully as though ay for his or her separate benefit, engage in any employment, business or ,~ may choose. ,L ESTATE WAIVER: It is the intention of the parties hereto that from and ; Agreement, neither shall have any spouse's rights in the property or estate of st end, both waive, relinquish and forebear their rights of dower or eurt.esy, ts to claim or take a husband or wife's or family exemption or allowance, to rs of administration or testamentary, and to take against any will of the other. agree that they may and can hereafter, as though unmarried, without any ~, sell, convey, transfer, and/or encumber any s~d all real estate and personal property which eithe recording of this Ag the said Husband an~ this power hereby gi person or persons, ,~ other, in their name. quitclaims or satiffa~ her real or personal i warranty or otherwi~ Chapter 22 of the Pt 3. DEBTS: hereby mutually rem debts, claims, dema~ them ever had, now cause or'thing up to In the event proceedings or any 1 benefit of the other waives, releases and or federal law) to ar hereto by the crediti creditor ,spouse an il to the creditor spou enforcement of this by this Agreement s contrary, attd each g discharged or diseh: one or more of the 1 precedent, shall not 4 PERSOb personal property a~ deemed to be his/he marital property int~ (~) All the [ appur~enanc located in th Husband sh~ Wife hereby (b) Except have and en · of them now or hereafter owns or possesses and further agree that the cement shall be conclusive evidence to all of his or her right to do so. And I Wife do hereby irrevocably grant, each to the other, should the exercise of ~en become necessary, the right and power to appoint one or more times any horn Husband and Wife shall designate, to be the attorney in fact for the ~nd in their stead, to execute and seknowledge any deed or deeds, releases, tions, under seal or otherwise, to enable either party hereto to alienate his or ~roparty, but without any power to impose personal liability for brea~h of e. Each of the parties herelo further waive any right of election contained in nnsylvania Probate, Estates and Fiduciaries Code. Except as othea-wise herein expressly provided, the parties shall and do .se, release and forever discharge each other frem any and all actions, suits, ds and obligations whatsoever, both in law and ia equity, which either of ass, or may berea.,%r have against the other upon or by reason of any matter, the date of the execution of this Agreement hat either party becom~ a debtor in bankruptcy or financial reorganization :ind while any obligations remain to be performed by that party fur the ~arty pursuant to the provisions of this Agreement, the debtor spouse hereby relinquishes any right to claim any exemption (whether granted under state y property remaining in the debtor as a defense to any dalm made pursuant r spouse, and the debtor spouse hereby assigns., tramfers, and conveys to the iterest in all of the debtor's exempt property sufficiant to meet all obligations e as set forth herein, including all attorney's fees and costs incurred in the ~aragraph or any other provision of this Agreement No obligation created MI be discharged or dischargeable, regardleis of federal or state law to the arty waives any and all right to assert than any obligation hereunder is rgeabte. The failure of any party to meet his or her obligations under any aragraphs herein, with the exception of the satisfaction of conditions in any way void or alter the remaining obligations or either of the parties. AL PROPERTY: The parties have undertaken an orderly disposition of their d that personal property currently in the possession of each shall hereafter be · sole and separate property, free and clear of any right, title, or claim of rest therein by the other. ~miture, furnishings, household goods and appliances, fixtures and ~s, books and works of art, and other items of personal properly presently ~ residence formerly occupied by the parties and now occupied by the 11 constitute the sole and exclusive property of Husband as to which property. transfers all her right, title and interest therein to Husband. otherwise hereinabove provided, each of the parties shall herea~er own, ay, independently of any claims or right of the other party, all items of real and personal Rl~d now or the same as were unmarr interest there 5, MOBILE owner ora mobile h consideration of the Agreement, Wife a8 Husband. Husband ~ residence. 6. DIVOR( Section 3301(c) of~ docketed to No. 02 Pennsylvani& Bet2 attorney with afl:ida notice of ant ry of d, in this matter shall t ('a) Each of agreement therefore m Distributio~ (b) This A~ incorporate incorporati~ same and 7. AL1M~ waive, release and alimony pendente 1 Agreement, the sol seeking any suppo~ receiving from 711104757 within of each party shall any right, title, or the vehicles are joi necessary to trans~ property, tangible and intangible, now or hereat~er belonging to him or her ereaffer in his or her possession, with full power to him or her to dispose of flly and effectually, in all respects and for all purposes, as though he or she ed. As to all such property, each party transfers all his or her right, title and in to the other, r~spectively. HOME: The parties hereto acknowledge and :ujrec that husband is the )me located in St. Thomas, Franklin County, Pennsylvania. For and in mutual covenants and agreements herein contained in the body of this :ecs to transfer all of her fight, title and interest in said mobile home to ~d Wife agree that Husband has exclusive po~ession of the marital E: Wife has commenced an action for divorce from Husband pursuant to he Pennsylvania Divorce Code (Irretrievable Breakdown), said action being 4344, Civil Term in the Court of Common Pleas of Cumberland County, t pm~ties shall, at the time of execution of this Agreement, furnish Wife's t/ts evidencing their consent to the divorce as well as their intention to waive tree It is further agreed and understood that amy decree of divorce issuing ~flect the fact that Wife will bear the costs of it in her individual capadty. the parties agrees that this Agreement represents a complete and final s to their respective property right~ which arose from the marital relation and ltually waive any and all rights they my have under Section 3502 CEquitable of the Pennsylvania Divorce Code, Act No. 1980-26. .cement may be offered in evidence in the action for divorce and may be I by reference in the decree to be granted therein. Notwithstanding such ,n, this Agreement shall not be merged in the decree, but shall survive the all be binding and conclusive on the parties for all time. MY PENDENTE LITE AND ALIMONY: Hm~band and Wife dc hereby live up any fight~ they may respectively have against the other for alimony, te, support or maintenance. It shall be, from the execution date of this responsibility of each of the respective parties to sustain themselves without from the other party~ Wife shall terminate the alimony pendenle lite she is }and, said case being docketed to DRS 2002 612, PACSES Case Number ~even (7) days of the execution of this Agreement terea~er be deemed to be his/her sole and separate property, free and clear of airs of marital property interest therein by the other. In the event that any of ~tly titled, the nonposses~y pray agrees to execute any and al! documents ~r all fight, title and interest of the vehicle to the possessor party's name. 9. COLqq'SEI his/her counsel fees this Agreement. 10 I~TIRE2 Husband's retiremem pension fired, or retir may have in any retir, agrees that in comidt Teamsters Local 639 Wife, through her att Il EQUIT~ effect an equitable di equitable distribution the rights of Husbam the parties to constit~ effected without the: marital estate. 1~.. APPLIC Commonwealth of P 13. MODIFI hereof shall be valid any breach hereof or default of the same c 14. BANKR under this Agreeme~ should discharge a p force and effect then performed thereafter 15. RECON supersedes this Agre that they,have reeon, Agreement shall rem which action if not c legal effect of this P~ obligations to accn 16. ENT( action for divorce ar parties, and indepen~ either Husband or 'fi · FEES AND COSTS: Husband and Wife each agree to be solely liable for ,lated to the above-referenced divorce and the preparation and review of tENT: Wife agrees to waive any' fight, tire and interest she may have in through Teamsters Local 639, Washington, D.C or any other IRA, ,,ment he may have. Husband agrees to waive any right, title and interest he ment plan, pension fund, or IRA that Wife m,ty have. Husband further ration of Wife waiving her right, title and interest in his retirement through Husband shall transfer Seven Thousand, Five Hundred ($7,500.00) to ,rney, within ten da~ of Wife's execution of this AgreemenC BLE DISTRIBUTION: By this Agreement, the parties have intended to ,tribution of their marital property. The parties have determined that an of such property conforms to a.just and fight standard with due regard to and Wife. The distribution of existing marital property is not intended by ~te, in any way, a sale or exchange of assets, mad the distribution is being ntroduction of outside funds or other property not constituting a part of the kBLE LAW: This Agreement shall be governed by the laws of the mnsylvania. CATION AND WAIVER: No modification c,r waiver of any of the terms mless in writing, signed by both the parties and notarized. No waiver of default hereunder shall be deemed a waiver of' any subsequent breach or r similar nature. JPTCY: The respective duties, covenants and obligations of each party shall not be dischargeable by bankruptcy., but if any hankmptcy cour~ a'ty of accrued obligations to the other, this A:greement shall continue in full ,a~er as to any duties, covenants and obligations accruing or to be 2ILIATION: The parties shall only effect a legal recone'fliation wlfich ~ment by their signed, notarized agreement containing a specific statement :iled and that this Agreement shall be null and void; otherwise, this dn in full force and effect. Further, the parties may attempt a reconciliation msummated by the aforesaid agreement, shall not affect in any way the operty and Separation Agreement or cause any new marital rights or '.EABILITY AND CONSIDERATION: This Agreement shall survive any d decree of divorce and shall forever be bindir[g and conclusive on the lent legal action may he brought to enforce the terms of this Agreement by ifc until it shall have been fully satisfied and performed. Consideration foz this contract and Ag~ hereto and the cover consideration for the by the panics, and 17. DUTY time to time hereafii party any and all ful for the p/ii'pose erg the parties hereto s~ either party shall of' this Agreement. Agreement shall be Agreement. 1.8. NOTIC by certifi, ed mail, re (al To the ] Co) To the Pa. 17112. (el If eithel address for 19. WItOI the parties. It sup,. representations or 20. CAPT convenience and fc A~eement, nor in 21. DATE Agreement shall b. executed the Ag, re dale" &this Agre~ Agreement AND flint and be binding up of the parties here AN-D the 1 Agreement, has n~ coercion, or othez cement is to be found in the mutual benefit to be obtained by both parties ants and agreements of each of the parties to the other. The adequacy of the mutual undertakings heroin set forth is stipulsted, confessed and admitted e parties intend to be legally bound hereby. ~O EFFECTUATE AOREEMENT: Each part), shall, at any time and from r, take any and all steps and execute, acknowledge and deliver to the other thor instruments and a~surances that the other party may reasonably require ring full force and effect to the provisions of this Agreement. In addition, roe that within ten (10) days &the date of mbmission by the other party, a any document necessary for the completion and effectualion of the terms ~ay'costs. including attorney's fees, necessitated by enforcement of this )orne by the party refusing to honor the terms ~.nd conditions of this ES: Any and all notices given hereunder shall be in writing and shall be sent um receipt requested: tusband at 130 Sherwood Ave, St. Thomas, PA. grife c/o Gary L. Rothschild, Esq., 2215 Forest Hills Dr., Ste. 35, Hm'risburg, party shall move, they shall provide the other [,arty with a forwarding aotifi'cation purposes. E AGREEMENT: This Agreement constitutes the entire understanding of rsedes any and all prior agreements between them. There are no verranties other than those expressly herein set forth. ONS: The captions of this Agreement are inserted only as a matter of r reference and in no way define, limit or describe the scope and intent of this shy way affect this Agreement. OF EXECUTION: The "date &execution" or "execution date" of this ~ detined as the date upon which it is executed by the parties if they have each ~ent on the same date, Otherwise, the "date c,f execution" or "execution merit shall be defined as the date of execution by the party last executing this er the parties hereto covmmnt and agree that this Agreement shall ext,nd to m their heirs, devisees, executors, administrators and assians, of both and each i~rties hereto state that he or she, in the procurement and execution of this ~t been subjected to any fraud, concealment, overreaching, imposition, unfair d~aling on the part of the other, or on the part of the other's counsel. IN WITNES of this Agreement, e written. WHEREOF, the parties have set their hands and seals to two counterparts [ch of which shall constitute m~ original, the da), and year first above COIvlMONWEALI COUNTY OF FRA On this, the ~-(. undersigned officer proven) to be the p, that he executed th, In Wilness Whe COMMONWEAL COUNTY OF-K~ On tlu~ the ~ undersigned office to bethe personw executed the same In Witness Wh~ Rot/l~r~ L. Speak Shirley Sp~'-'-'~ -I OF PENNSYLVANIA: :SS IKL[N : )day of~200 _~ before me a Notary Public, the personaily alJpeered Robert L. ~-peak, known to me (or satisfactorily ' xson whose name is subscribed to the within instrument, and acknowledged ,, mine for the purposes therein contained I D. OUNTY I of, I hereunto set my hand and official seal. t~ Notary Public rH OF ~A:/A)tSS///~6 TO&./ :SS . day of 5tr-jo'r~ c~ 200~ before me, a Notary Public, the ~ersonally appeared Shirley Speak, known to me (or a~tisfactorily proven) rose name is subscn'bed to the within instrument, and acknowledged that she for the purposes therein contained. :reef. I hereunto se~ my hand and 0~ticial seal. ~.,..'_':*:_'....'. 4.,.Z,~ Notary ~l SHIRLEY A. SPI Plaintiff ROBERT L. SPE Defendanl TO THEPROTH~ Please witl Date: /% 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANL NO. 02-4344 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW COUNTS )NOTARY: ~draw Counts II, III and IV of Plaintiff's Complaint in Divorce. Respectfully submitted, ,~ ary,~_. Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Hanisburg, PA 17112 (717) 540-3510 Attorney for Plaintiff Shirley A. Speak, Plaintiff Robert L. Speak, Defem ~nt IN THE COURT OF COMMON OF CUMBERLAND COUNTY PENNSYLVANIA Civil Action - Law No. 02-4344 In Divorce a.v.m AFFIDAVIT OF CONSENT 1. A Complai September 10, 2002. 2. The marria have elapsed from the 3. I consent to request entry of the dec I verify that the false statements herein : in Divorce under Section 3301(c) of the Divorce Code was filed on of Plaintiff and Defendant is irretrievably broken and ninety (90) days ~te of filing and service of the Complaint. the entry of a final decree of divorce after semice of notice of intention to rec. statements made in this affidavit are true and correct. I understand that tre made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to Date: authorities. Ro§ert L. Speak, l~fendant SHIRLEY A. S} Plaintiff ROBERT L. SPt Defendar 1. A Co~ September 10, 2( 2. Tt (90) days have el 3. Ic intention to reque I verify th that false stateme~ to unswom falsifi Date: \~k V-X,' EAK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVAN NO. 02-4344 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT daint in Divorce under § 3301(C) of the Divorce Code was filed on 02. e marriage of Plaintiff and Defendant is irretrievably broken and ninety ~sed from the date of filing and service of the Complaint. asent to the entry ora final decree of divorce after service of notice of entry of the decree. tt the statements made in this affidavit ar{: true and correct. I understand tts herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating :ation to author/ties. Shirley ATSpe~k, Plaintiff '-4 SHIRLEY A. SP Plaintiff ROBERT L. SP]: Defendan 1. I con 2. Iund lawye] 3. I unde Court filed I verify tl that false statem{ to unsworn falsit Date: \t~ \~X.\ ~AK, : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANL : NO. 02-4344 : CIVIL ACTION - LAW : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 (C) OF THE DIVORCE CODE ~nt to the entry of a final decree of divorce without notice. :stand that I may lose rights concerning alimony, division of property, 's fees or expenses ifI do not claim them before a divome is granted. :stand that I will not be divorced until a divorce decree is entered by the md that a copy of the decree will be sent to me immediately after it is ith the prothonotary. .t the statements made in this affidavit are, true and correct. I understand ts herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating :ation to authorities. Shirley A. Sp~, Plaintiff''~ Shirley A. Speak, Plaintiff Robert L. Speak, Defend~ WAIVE] OF A DIVORCE 1. I conse~ 2. I unders lawyer's fees or expens 3. I unders Court and that a copy ¢ Prothonotary. I verify that the false statements herein ~ unsworn falsification to IN THE COURT OF COMMON OF CUMBERLAND COUNTY PENNSYLVANIA Civil Action - Law No. 02-4344 nt In Divorce a.v.m. ~ OF NOTICE OF INTENTION TO REQUEST ENTRY DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE t to the entw ora final decree of divorce without notice. Iand that I may lose rights concerning alimony, division of property, :s ifI do not claim them before a divorce is granted. :and that I will not be divorced until a divorce decree is entered by the fthe decree will be sent to me immediately after it is filed with the statements made in this Waiver are true and correct. I understand that [re made subject to the penalties of 18 Pa. C.S. Section 4904, relating to authorities. ~ert L. ~peak, De~en~ant SHIRLEY A. SP! Plaintiff ROBERT L. SPE Defendant TO THE PROTH* Please trar for entry of a Di~ 1. Groin 2. Date m counse 3. Date ~ the Di 4. Relater 5. Date PI Prothm Date D Protho~ Date: ;AK, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANL NO. 02-434.4 CIVIL TERM CIVIL ACTION - LAW kK, IN DIVORCE PRAECIPE TO TRANSMIT RECORD )NOTARY: smit the record, together with the following information, to the Court rce Decree: · for Divorce: 3301(c) of the Divome Code. :d manner of service of the complaint: Acceptance of Service by for Defendant on September 12, 2002. 'execution of the affidavit of consent required by Section 3301(c) of orce Code: By Plaintiff 10/14/03 ; By Defendant 9/30/03. claims pending: None. aintiff's Waiver of Notice in §3301(c) Divorce was filed with the otary: 10/22/03; ~fendant's Waiver of Notice in §3301(c) iDivome was filed with the otary: 10/22/03. Respectfully submitted, Gary' L. Rothschild, Esquire Supreme Court I.D. No. 62041 2215 Forest Hills Drive, Suite 35 Northwood Office Center Harrisb-arg, PA 17112 (717) 540-3510 Attomey for Plaintiff IN THE 0 ;OURT .Of COMMON PLEAS '- CUMBERLAND COUNTY STATE OF ~ PENNA. SHIRLEY A. SPEA! PlaintiJ f rersus ROBERT L. SPEAK Defendai t N.. 02-4344 DECREE IN DIVORCE AND NOW .... ~ ..... 3,-gTT..'. .... it is ordered and decreed that ............ .s.h.~.=.Z..e.y..A.....S?a..~ ................... plaintiff, and Robert L. Speak ............. , ............................................. defendant, are divorced fror the bonds of matrimony. tains jurisdiction of the following claims which have ;cord in this action for which a final order has not yet one. t-Marital Agreement, executed by the parties and .3.0.,. 2003~ attached hereto, i..s.~ff_f_'~porated here, in · are .erdered..t.o. comply..w~f./.~24e. ~.e~ms..of. s~id '" The court been raised of been entered; Further, the Po dated S.elqt ember f6~' 't~i~.~' ~6~"~'i;~.~ deor. ee ~..The. part Agreement