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HomeMy WebLinkAbout02-5768Kathy L. Lewis, James L. Lewis, Plaintiff Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA : 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 grounds for the divorce are 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. lF 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. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 Kathy L. Lewis, James L. Lewis, Plaintiff Defendant : IN THE COURT OF COMMON : PLEAS OF Cumberland COUNTY : PENNSYLVANIA : :NO. ~')-.?- " ' ~ : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(C) OR SECTION 3301(D) OF THE DIVORCE DECREE CODE AND NOW, comes the Plaintiff, Kathy L. Lewis, by and through her attorney, Michael J. Pykosh, seeks to obtain a Decree in Divorce from the Bonds of matrimony with the above-named Defendant and in support avers the following: 1. Plaintiff, Kathy L. Lewis, is an adult individual who currently resides at 1001 Rupley Rd., Apt. 209, Camp Hill, Pennsylvania, 17011. 2. Defendant, James L. Lewis, is an adult individual who currently resides at 100 S. Enola Dr., Enola, Pennsylvania, 17025. 3. The Plalntiffhas been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on April 25, 1987, in Cumberland County, Pennsylvania. America. The Plaintiff and Defendant are both citizens of the United States of 6. The Plalntiffand Defendant are not members of the Armed Services of the United States or any of its allies. 7. Plalntiffhas been advised of the availability of counseling and that she and the Defendant may have the right to request that the Court require the parties to participate in such counseling. 8. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed fi.om the date of filing of this Complaint, Plaintiffintends to file an Affidavit conseming to a divorce. Plaintiffbelieves that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about March 1, 1994. 9. Plaintiff had previously filed a Divorce complaim against Defendant docketed at 1550 S 1995 which was purged for inactivity. 10. The parties may enter into a written agreement with regard to support, custody, visitation of children, alimony and property division. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the Final D~cree of Divorce. COUNT I REOUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 3301(C) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. At, er ninety (90) days have elapsed fi.om the date of the filing of this Complaint, Plaintiffintends to file an affidavit consenting to a divorce. Plaintiffbelieves that the Defendant may also file such and affidavit. 14. Plaintiffhas been advised of the availability of counseling and that she and the Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to divorce after ninety (90) days have elapsed from filing of the Complaint, Plaintiffrespectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(C) of the Divorce Code. REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWI~I' UNDER 3301(D) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 16. The Marriage of the parties is irretrievably broken. 17. Alter a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 18. Plaintiff has been advised of the availability of counseling and the Plaintiff and Defendant have the fight to request the Court to require parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff bas filed its affidavit, Plaintiff respeetfully requests the Court to enter a Decree of Divorce, pursuant to 3301(D) of the Divorce Code. EQUITABLE DISTRIBUTION 19. The prior paragraphs of this complaint in divorce are incorporate herein by reference as though set forth in full. 20. Plaintiff and Defendant have acquired various items of both real and personal marital property during their marriage which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff respectfully requests this honorable court to equitably divide and distribute all property both real and personal, owned by both parties. Respectfully Submitted; LAW OFFICE OF DARRELL C~ETHLEFS Mi~jl~el J.' P~kosh AttOrney I.D. 58851 P.O. Box 368 Camp Hill, PA 17001 (717) 975-9446 Attorney for Plaintiff Kathy L. Lewis, James L. Lewis, Plaintiff Defendant : IN THE COURT OF COMMON : PLEAS OF CUMBERLAND COUNTY : PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE I hereby verify that the statements of fact made in the foregoing Complaint in Divome, are tree and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the criminal penalties contained in 18 Pa C. S. Section 4904, relating to unswom falsification to authorities. Date: []-~-~ ~)O~k~, ~ ~.)~ Kathy L. I~vis KATHY L. LEWIS, Plainfiif VS. JAMES L. LEWIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-5768 : : CIVIL ACTION - LAW : 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 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 17013 (717) 249-3166 KATHY L. LEWIS, Plaintiff VS. JAMES L. LEWIS, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-5768 : : CIVIL ACTION - LAW : D1VORCE COUNTERCLAIM IN DIVORCE UNDER §3301(e) or §3301{d) OF THE DIVORCE CODE The Defendant, James L. Lewis, by and through his attomey, Jeann6 B. Costopoulos, Esquire, avers the following in support of this Counterclaim in Divorce: 1. The Plaintiff, Kathy L. Lewis, is an adult individual who currently resides at 1001 Rupley Road, Apt. 209, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, James L. Lewis, is an adult individual who currently resides at 1321 Flowers Lane, Marysville, Peny County, Pennsylvania 17053. 3. The Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Counterclaim. 4. The Plaintiffand the Defendant were married on April 25, 1987 in Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 6. The marriage is irretrievably broken. 7. The parties have been living separate and apart since October 18, 2002. 8. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 9. The Defendant has been advised that counseling is available and that the Defendant may have the right to request that the court require the parties to participate in counseling. 10. There are three (3) dependent children from this marriage, namely Brandon Lewis, bom July 17, 1989, Josiah Lewis, bom September 1, 1994, and Fredrick Lewis, bom September 29, 1993. 11. This action is not collusive. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to grant the Defendant relief from the bonds of matrimony and order a Decree in Divome. Count II - Equitable Distribution of Marital Property Pursuant to §3502 of the Divorce Code 12. The prior paragraphs of this Counterclaim are incorporated herein by reference thereto. 13. During the marriage of the parties, they acquired real and personal property, which constitutes marital property under the Divorce Code. 14. This Honorable Court is authorized by the Divorce Code to equitably divide, distribute or assign the marital property and liabilities between the parties in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the Defendant respectfully requests this Honorable Court to enter an order of equitable distribution of marital property pursuant to §3502 of the Divorce Code. Dated: RESPECTFULLY SUBMITTED: e~ B. Costopoulos~squ~' COSTOPOULOS & WELCH 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 Fax: (717) 790-6019 ATTORNEY FOR DEFENDANT KATHY L. LEWIS, Plaintiff VS. JAMES L. LEWIS, Defendant : 1N THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : No. 02-5768 : : CIVIL ACTION - LAW : DIVORCE VERIFICATION I, James L. Lewis, Defendant in the above referenced divorce action, hereby verify that the statements made in the foregoing Counterclaim 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. S ig~ture: KATHY L. LEWIS, Plaintiff VS. JAMES L. LEWIS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 02-5768 CIVIL ACTION - LAW D1VORCE PRAECIPE TO DISCONTINUE~ WITHDRAW~ AND DISMISS DEFENDANT'S COUNTERCLAIM IN DIVORCE TO THE PROTHONOTARY: Please mark Defendant's Counterclaim in Divorce discontinued, ~xdthdrawn and dismissed. Dated: BY: Jea~B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 ATTORNEY FOR. DEFENDANT KATHY L. LEWIS, Plaintiff VS. JAMES L. LEWIS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : No. 02-5768 : : CIVIL ACTION - LAW : DIVORCE CERTIFICATE OF SERVICE I, Jearm6 B. Costopoulos, Esquire, hereby certify that this day I served a copy of the attached Order of Couxt upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Michael J. Pykosh, Esquire P.O. Box 368 Camp Hill, PA 17001 BY: Jea(fi~6 B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 170'55 PA Supreme Court ID No. 68735 Telephone: (717) 790-9546 ATTORNEY FOR DEFENDANT