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Home My WebLink About02-4659 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHmSTINE SHULER } PLAINTIFF } NO. ~)-4//;-.ffq' } v. } } IN DIVORCE PAUL M. SMITH } DEFENDANT CIVIL TERM COMPLAINT 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE SHULER } PLAINTIFF } NO. (~9~ _ } V. } } IN DIVORCE PAUL M. SMITH } DEFENDANT CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301(a), SECTION 3301(c) AND SECTION 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Christine Shuler, by and through her attorney, Richard C. Gaffney, Esquire, who files this Complaint under Section 3301(a), Section 3301 (c) and Section 3301 (d) of the Divorce Code, and who, in support thereof, respectfully represents that: The Plaintiff is Christine Shuler, who presently resides in Cumberland County, Pennsylvania since 2002. Plaintiff's street address is confidential for reason of her personal safety. The Defendant is Paul M. Smith, who presently resides at 1002 Peggy Drive, Hummelstown, PA 17036. Plaintiff and Defendant are sui/uris and both have been bona fide residents of the Commonwealth for a period of more than six months immediately preceding the filing of this Complaint. The Plaintiff and Defendant were married in New York City, New York on March 3, 2001. The parties to this action separated on or around September 20, 2002 and have continued to live separate and apart since then. 10. 11. 12. 13. 14. 15. 16. There have been no prior actions of divorce or for annulment between the parties. The marriage is irretrievably broken. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. Neither the Plaintiff nor the Defendant is in the military or naval service or in any branch of the armed forces of the United States of America or its allies or is otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 and its amendments. Count I Divorce Under Section 3301(c) or Section 3301(d) of the Divorce Code The Plaintiff restates as if fully rewritten the averments contained in paragraphs one through nine hereinabove. The Plaintiff requests the court to enter a decree of divorce under Section 3301(c) of the Divorce Code. In the alternative, the Plaimiff requests the court to emer a decree of divorce action under Section 3301(d) of the Divorce Code. Count II Divorce Under Section 3301(a) of the Divorce Code The Plaintiff restates as if fully rewritten the averments comained in paragraphs one through twelve hereinabove. The Defendant offered such cruelty and barbarous treatmem to the innocem and injured spouse as to render that spouse's condition intolerable and life burdensome. The Defendant offered such indignities to the innocent and injured spouse as to render that spouse's condition intolerable and life burdensome. The Plaintiff is the innocent and injured spouse. 2 17. The Plaintiff requests the court to enter a decree of divorce under Section 3301(a) of the Divorce Code. 18. 19. 20. 21. 22. Count III Equitable Distribution The Plaintiff restates as if fully rewritten the averments contained in paragraphs one through seventeen hereinabove. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage from March 3, 2001, until September 20, 2002, the date of their separation, ail of which property is "marital property." Plaintiff and/or Defendant have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage and/or subsequent to its acquisition during the marriage, which increase in value is "marital property" as that term is used and defined in the Pennsylvania Divorce Code, 23 Pa.C.S. § 3101 et seq. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. Plaintiff requests the court to equitably divide all marital property and to enjoin it from being removed, disposed of, alienated, sold, or otherwise encumbered pending final hearing and settlement of all claims. WHEREFORE, Plaintiff respectfully prays this Honorable Court to order the equitable distribution of the parties' marital property, to enjoin the parties from removing, disposing of, alienating, selling or otherwise encumbering the marital property, and to enter a decree of divorce pursuant to 23 P.S. Section 3301 (a), 3301 (c), or 3301 (d). Respectfully submitted, ~ichard 6. Gaffne~5"E~,~x.__~ Supreme Court I.D. No. 633 LAw OFFICES OF RICHARD C. GAFFNEY 2120 Market Street Suite 101 Camp Hill, PA 17011 Telephone: 717.975.9033 Attorney for Plaintiff 4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE SHULER PLAINTIFF PAUL M. SMITH DEFENDANT } } NO. } } } IN DIVORCE } } CIVIL TERM VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. Ann. Section 4904, relating to unswom falsification to authorities. Date C~/~'~/~") ~ Christine Shuler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE SHULER, PLAINTIFF Ve PAUL M. SMITH, DEFENDANT NO. 02-4659 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE Richard C. Gaff~ey, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above-captioned action; that on September 27, 2002 he mailed a true and correct copy of the Complaint in Divorce, duly endorsed with a Notice to Defend, by certified, restricted U.S. mail delivered to Defendant at the address of Edward Jones, Co, 547 West Chocolate Avenue, Hershey, PA; that on September 30, 2002, Defendant did personally receive said Complaint in Divorce as evidenced by the signed Certified U.S. Mail form attached hereto; and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief. Richard C. Gaffne~_~ Esq ' Attorney for the PlaintilT-~ Smigel, Anderson, & Sacks River Chase Office Center 4431 North Front Slxeet Harrisburg, PA 17110 (717) 234-2401 Swo¢. o and subsc be _ for _._me this.~day of U~T~Y-J 2002. lh~¢~/P~lie II I~O ~¢ 'My m~ssion expires: ~'/~ ~ so that we can return the card to you. · Attach this card to the back of the mailpiece, ~'3-~?;.... ' ~... or on the front if space permits, ~ I~erchandise ~Yes 102595-00-M-0952 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CHRISTINE SHULER, PLAINTIFF Ve PAUL M. SMITH, DEFENDANT NO. 02-4659 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE Richard C. Gaffi~ey, Esquire, being duly sworn according to law, deposes and says that he is the attorney for the Plaintiff in the above-captioned action; that on September 27, 2002 he mailed a true and correct copy of the Complaint in Divorce, duly endorsed with a Notice to Defend, by certified, restricted U.S. mail delivered to Defendant at the address of Edward Jones, Co, 547 West Chocolate Avenue, Hershey, PA; that on September 30, 2002, Defendant did personally receive said Complaint in Divorce as evidenced by the signed Certified U.S. Mail form attached hereto; and that the facts set forth in the within Affidavit are true and correct to the best of his information and belief. Richard C. Gaffne~!_~ Esquire Attorney for the Plaintitt'-~ Smigel, Anderson, & Sacks River Chase Office Center 4431 North Front Street Harrisburg, PA 17110 (717) 234-2401 Sworn, .~ol,and subscl~beft l~efore me this ~ ~ day of ~ 2002. My c0~ssion expires: ~'/O ~ w~ ~ ~1 ~, Ce~rland C~ntv · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. [] Agent address different from item 17 [] Yes 1, Article Addressed to: If YES. enter delivery address below: [] No Fa orol -TOne3 I~erohandise 2. ~ic~ ' .:-}:' ~:? -:. : ': '- "~ PS Form 3811, July 1999 Domestic Return Receiot 102595-00-M-0952 C~RISTINE SHULER, Plaintif~ PAUL M. SMITH, De~endant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4659 CIVIL TERM IN DIVORCE DEF~&NT'SANS#ER TO _~i~r~r. av~l. AND NOW, comes the Defendant, PAUL M. SMITH, by his attorney, A. MARK WINTER, ESQUIRE, Divorce as 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. Admitted. 6. Admitted. ?. Admitted. 8. Admitted. 9. Admitted. Count I Divorce Under Section 3301(c) or Section 3301(d) of the Divorce Code 10. Defendant's answers to paragraphs one through nine are incorporated herein. 11. Admitted. Defendant also requests the Court to enter a decree of divorce under Section 3301(c) of the Divorce Code. 12. Denied. Plaintiff and Defendant have not lived separate and apart for a period of two years and a request for a decree of divorce under Section 3301(d) of the Divorce Code is premature at this time. Count II Divorce Under Section 3301(a) of the Divorce Code 13. Defendant's answers to paragraphs one through twelve are incorporated herein. 14. Denied. Defendant has not offered such cruelty and barbarous treatment to the injured and innocent Plaintiff as to render her condition intolerable and life burdensome. Specific proof thereof is demanded at trial. 15. Denied. The De£endant has not o~fered such indignities to the injured and innocent spouse as to render her condition intolerable and liEe burdensome. Specific proo£ thereo~ is demanded at trial. 16. Denied. The Plainti~ is not the injured and innocent spouse. Specific proo~ thereo~ is demanded at trial. 17. Denied. The Plainti~ does not have adequate grounds to seek the entry of a decree o~ divorce under Section 3301(a) o~ the Divorce Code. Count III Equitable Distribution 18. Defendant's answers to paragraphs one through seventeen are incorporated herein. 19. Admitted in part and denied in part. Admitted that the parties have acquired assets during the term of the marriage which could be classified as "marital property.. Denied that all of the assets acquired during the term of the marriage are necessarily "marital property.. Specific proo£ o£ the alleged "marital property, is demanded at trial. 20. Admitted in part and denied in part. Admitted that both parties had assets acquired prior to the marriage. Denied that these assets have increased in value since the date of the marriage and that any such increase should be considered "marital property.- Specific proof is demanded at trial. 21. Denied. Neither party has attempted to agree to an equitable distribution of "marital property" to the date of the filing of this Complaint. 22. Denied. This is a conclusion of law to which no response is required. To the extent that a response may be required, Defendant is willing to submit to an equitable division of all defined "marital property." #~HFOHH, Defendant respectfully prays this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) of the Divorce Code and to order equitable distribution of the parties' "marital property.. Respectfully submitted, 310 W. Chocolate Avenue Hershey, PA 17033 (717) 533-4868 ID #23178 Attorney for Defendant VERIFICATION I, PAUL M. SMITH, hereby verify that the statements in the foregoing document are true and correct to the best of my infozmation, knowledge and belief. I understand that the statements are made subject to the penalties of 18 PA.C.S. Section 4904, relating to the unsworn falsification to authorities. PAUL M. SMITH Dated: CERTIFICATE OF SERVICE I, A. MARK WINTER, ESQUIRE, attorney for Defendant, PAUL M. SMITH, hereby certify that I caused a true and correct copy of the foregoing Defendant's Answer to Complaint to be served by first class mail, postage prepaid, on the date set forth below, upon the following individual: Richard C. Gaffney, Esquire Law Offices of Richard C. Gaffney 2120 Market Street Suite 101 Camp Hill, PA 17011 Dated: CHRISTINE SHULER, Plaimiff VS. PAUL M. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANL~ NO. 02-4659 CIVIL TERM CWIL ACTION - LAW IN DIVORCE PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Max J. Smith, Jr., Esquire, as counsel for Christine Shuler, Plaintiff in the above-captioned matter. Date: February 11, 2004 Max J. Smith, Jr., Esqttg'e 1,D. No. 32114 Jarad W. Handelman, Esquire I.D. No. 82629 James, Smith, Dietterick & Cormelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CHRISTINE SHULER, Plaintiff VS. PAUL M. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4659 CIVIL TERM CWIL ACTION - LAW IN DIVORCE NOTICE You are hereby notified to file a written response to the enclosed Petition within twenty (20) days from service hereof or a judgment may be entered against you. MAX J. SMITH, Jltf, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CHRISTINE SHULER, Plaintiff VS. PAUL M. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4659 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES AND NOW comes the Plaintiff, CHRISTINE SHULER, by her attorney MAX J. SMITH, JR., Esquire, and respectfully states as follows: Plaintifffiled a divorce Complaint pursuant to the fault and no-fault provisions of the Pennsylvania Divorce Code on September 27, 2002, entered to the within term and number. COUNT Il/ ALIMONY 2. Plaintiff lacks sufficient property to provide for her reasonable means. 3. Plaintiffrequires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 4. Defendant earns substantially more income per year than Plaintiff and has substantial assets, 5. Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV ALIMONY PENDENTE LITE, ATTORNEY FEES, COSTS AND EXPENSES 6. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, in the employment of counsel and payment of costs and expenses. 7. Plaintiff is without sufficient means to support herself and to meet the costs and expenses of this litigation, and is unable to appropriately maintain herself during the pendency of this action. 8. Plaintiff does not have adequate income to provide for her reasonable needs and pay her counsel fees and the costs and expenses of this proceeding. 9. Defendant has adequate earnings to provide for the support of Plaintiff during the pendency of this litigation and to pay her attorney fees, costs and expenses; and therefore Plaintiff demands counsel fees and expenses under Section 3702 of the Divorce Code. and WHEREFORE, Plaintiff prays this Honorable Court to: (a) order the Defendant to pay alimony to the Plaintiff; (b) award Plaintiff alimony pendente lite, reasonable attorney fees, costs and expenses; (c) order such further relief as the Court may determine equitable and just. Dated: February 11, 2004 Respectfully submitted, · Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D, No. 82629 James, Smith, Dietterick & Connelly P.O. Box 650 Hershey, PA 17033 (717) 533-3280 I verify that the statements made in this Petition 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 unswom falsification to authorities. CHRISTINE A. SHULER CHRISTINE SHULER, Plaintiff VS~ PAUL M. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4659 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this fi '~ day of February, 2004, I, MAX J. SMITH, JR., Esquire, Attorney for Plaintiff, hereby certify that I have this day sent a copy of Plaintiff's Petition for Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses by depositing a copy of the same in the United States mail, postage prepaid, at Hershey, Pennsylvania, addressed to: Howett, Kissinger & Miles, P.C. Attn: John C. Howett, Jr., Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 MAX J. SMITH, JR., Es~)/ire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CHRISTINE SHULER, Plaintiff VS. PAUL M. SMITH, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-4659 CIVIL TERM CIVIL ACTION - LAW 1N DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Richard C. Gaffney, Esquire as counsel for Christine Shuler, Plaintiff in the above-captioned matter. Date: February ~ D , 2004 Richard C. Gaffn'~, Es~I~r~ I.D. No. 63313 Smigel, Anderson & Sacks LLP 4431 North Front Street Harrisburg, PA 17110-1709 PRAECIPE TO ENTER APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Max J. Smith, Jr., Esquire, as counsel for Christine Shuler, Plaintiff in the above-captioned matter. 2,0 2004 M~''~~/'~] (r~_ ,aa )~/~ Date: February , J. Smith, Jr., Es~/uire I.D. No. 32114 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 CHRISTINE SHULER, : Plaintiff : : vS. : : PAUL M. SMITH, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-4659 CIVIL ACTION - LAW IN DIVORCE PRAEC]PE TO THE PROTHONOTARY: Please withdraw the Complaint in Divorce which was filed on September 27, 2002 on behalf of Plaintiff, Christine Shuler, in the above matter. Thank you. Date: November 29, 2004 MAX J. SI~ITH, Jla., Esquire I.D. No. 32114 James, Smith, Dietterick & Connelly Lt.P P.O. Box 650 Hershey, PA 17033 (717) 533-3280