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Home My WebLink About97-04233 ~ o !if ::s a- ~ 11 ;;, ~ l o " :J ~ ~ li ( . I I I 1 , , , 1 ~, , ' ~ WOLFSON & ASSOCIATES A Professional Corporation York Office 267 f asl Market Street York, PA 17403 (717) 646-1252 Easl Berlin Orlice Center Square East Berlin, (717) 259-0713 Attorneys at Law Daniel F, Wollson Richard K. Konkel William R. Scullion Sleven C. Courtney (600) 321-8467 Fax (71 7) 648-1146 tC -tl/v :m'i~= ParalpClillti Margaret L. Burg Judy A, Cunningham Morrison B. Williams o( Counsel J April 13, 1998 7,' ') ~.:. , t... .. , , '{ ~ " : ,', -, .. Prothonotary's Office Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013-3387 In Re: Everett Lee Ferguson vs. Nadine K. Ferguson Docket No. 97-4233 Dear Sir/Madam: This letter is to inform your office that the above matter is to be transferred to Franklin County Courthouse. The above matter should not be heard in Cumberland County and was so indicated by Order of Court dated March 30, 1998, by Judge Hoffer, At this time, I am requesting that the file for the Ferguson v. Ferguson matter be transferred to the Franklin County Courthouse for the reason that wife is currently residing in Franklin County. Her address is 3492 Glen Eagle Drive, Chambersburg, Pennsylvania, If you have any additional questions or comments, please contad the office. Very truly )'Ours, WOLFSON & ASSOCIATES, P,C, %~~i~ ti'~~ ___ Daniel F. Wolfson DFW/ase c: Bradley Griffie, Esq. Nadine Ff!rIU5OO EVERElT LEE FERGUSON, Ph.illliff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACfION - LA W NO. 97-'iJ,~ CIVIL TERM NADINE C. FERGURSON, Defendant IN DIVORCE " NOTICE TO THE DEFENDANT If you wish to deny any of the ~1atements set fonh in this affidavil, you mu!o1 file a counter- affidavit within twenty (20) days after this affidavil ha~ been served on you or the !o1alements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE L The panies to this action separaled on or aboul A~J' >t If: ,1992 and have con:inul'd to hve separale and apan for a period of at least two years, 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of propeny. lawyer's fees or l'xpenses if I do not claim them bl'fore a divorce i~ granted, 4. No prior actions of divorce haw been filed with the Caun, I verify that the !o1atements llIade in this affidavil are lrue and correct. I understand the false "atements herein are l11lIde subject to the penallies of 18 Pa. C.S. Section 4904 relatinlto unsworn falsllication to authorilies, f.... lA.' '\~ ~< 1~ it... -'~ 6VERElT tEE FERGUSO Ilate,)4sy7-:" . 1997 . EVERE:IT I,EE FEIU./SON, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . : CIVIL ACTION - LAW VB. . NO. 97-4233 CIVIL 19 . NADINE K. ffilUJ9l'l, Defendant . IN DIVORCE . STATUS SHEET DATE: ACTIVITIES: - !)r:~ OYJ 3/13/98 Hearing on date of at 9:00 a.m. ,./. ", -:, lBie another inquiry as to the jurisdiction of this court. Ask el to 00dress the issue in a letter to the Master. , ~ . .' I (' '4; I . ~ i' . ,. " ,'': " . ! kjr, , -- , , " J . , :., : -.. ",.' ~, ..... -, " , .. .I-<v, / .. ' '1 '/: :. <ill : ~ , .., 1.,. .: f "'t'/. . .' ';'f.' .f., ,', , . , "Jf j I " /,-t. I I , , ~ I. ' c. I (A 1./ ~ , ,~ t~ i ' :'./'--. " " ------' , !' " ; /.'''1 ". ' .f .. .. ......, .1. "" , .. ( "'II; , 1##' '" (> ------ OFFICE OF DIVORCE MASTER CUMBERLAND COUNTY COURT OF COMMON PLEAS 9 Nonh Hanover Street Carlisle. PA 17013 (717) 240-6535 E. Robert Elicker, II Divorce Master Tracl .10 Colyer OIliee ManagerlReporter West Shore 697,0371 Ex.. 6535 February 26, 1998 Bradley L. Griffie, Esquire GRIFFIE , ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 Daniel F. Wolfson, Esquire WOLFSON' ASSOCIATES, P.C. 267 East Market Street York, PA 17403 RE: Everett Lee Ferguson vs. Nadine K. Ferguson No. 97 - 4233 civil In Divorce Dear Kr. Griffie and Kr. Wolfson: By order of Court of President Judge George E. Hoffer dated February 23, 1998, the full-time Kaster has been appointed in the above referenced divorce proceedings. A divorce complaint was filed on August 6, 1997, raising grounds for divorce of irretrievable breakdown of the marriage. Along with the complaint was an affidavit under Section 3301(d) signed by the Plaintiff averring that the parties separated on or about August 16, 1992, and have been living separate and apart for a period of at least two years. The Defendant filed a counter-affidavit on September 15, 1997, indicating that the marriage is not irretrievably broken although indicating as well that she does not oppose the entry of a divorce decree which is inconsistent. Further, the Defendant states that she wishes to claim economic relief. On November 5, 1997, the Defendant filed a counterclaim averring that the separation occurred June 11, 1997, and raising the economic claims of equitable distribution, alimony, alimony pendente lite, and counsel fees and expenses. consequently, it appears as if we have an issue with respect to the date of separation of the parties. Therefore, I will not Issue a dIrective for the fili09 of pre-trial state.enta but will ask counsel to get in touch with my secretary to schedule a hearing EVERETT LEE FERGUSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . : NO. 97 - 4233 CIVIL VS. : CIVIL ACTION - LAW NADINE C. FERGUSON, Defendant . . . . IN DIVORCE ORDER AND NOTICE SETTING HEARING TO: Everett Lee Ferguson , Plaintiff Bradley L. Griffie . Counsel for Plaintiff Nadine C. Ferguson , Defendant Daniel F. wolfson . Counsel for Defendant You are directed to appear for a hearing to take * testimony on the outstanding issues in the above captioned divorce proceedings at the Office of the Divorce Master, 9 North Hanover Street, Carlisle, Pennsylvania on the 16th day of June . 1998. at 9:00 a.m.. at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. Odte of Order and Notice: 3/13/98 By: Divorce Master 1 F YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR fELEPHONE THE OFFICE SET FORTH BELOW TO rIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOC1ATION 2 LIBERTY AVENUE CARt.ISLE. PA 170ll TE1.f.PHONE {1171 249.3166 · tf'still\Ony Ifill be I imitt'd to the i$Alle of the date of separation of the p.ut iell. vs. ) IN THE COURT OF COMMON PLEAS OF ) CUMBERLAND COUNTY, PENNSYLVANIA ) ) CIVIL ACTION - LAW ) NO. 97-4233 ) ) ) IN DIVORCE ; 'EVERETT LEE FERGUSON, I i Plaintiff, !I i i NADINE K. FERGUSON, Defendant. NOTICE TO DEFEND AND CLAIM RIGHTS !i . 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 divorce is indignities or irretrievable breakdown of the marriage. you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office at the Cumberland County Courthouse. Carlisle. Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR AUMONY, 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. Court Administrator - Fourth Aoor Cumbertand County Courthouse Carlisle, Pennsylvania 17013 Telephone (717) 240-6200 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. AD arrangements must be made at least 72 hours prior to any hearing or business before the Court You must attend the scheduled conference or heanng Daniel F Wolfson. Esquire Altomey fof Defendant 267 East Market Street York. PA 17403 (7\7) &4tH252 14. The Plaintiff and/or Defendant have acquired, prior to the marriage or i i subsequent thereto, "non-marital property" which has increased in value since the I f I date of the marriage and/or subsequent to its acquisition during the marriage, which I: said increase in value ;s "marital property". ! 15. Plaintiff and Defendant have been unable to agree as to an equitable I ,division of said property to the date of the filing of this Complaint. WHEREFORE, Defendant requests this Honorable 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. COUNT III ALIMONY AND ALIMONY PENDENTE LITE 16. Paragraphs One through Fifteen are incorporated herein by reference as if set forth in full. 17. Defendant lacks sufficient property to provide for her reasonable means and is unable to adequately support herself at this time. 18. Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 19. Plaintiff is currently gainfully employed. WHEREFORE, Defendant requests this Honorable Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT IV COUNSEL FEES AND COSTS ~ND EXPI;RT FEES 20. Paragraphs One through Nineteen are incorporated herein by reference as If set forth in fuR, . ~ ..-......... _. , , . . , EVERE1T l.EE FERGUSON. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COlJNTY,PENNSYLVANIA vs, : CIVIL ACTION - LAW : NO. 97- .L/:l33CIVIL TERM : IN DIVORCE NADINE C. FERGUSON, Defendanl 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 Ihe Court. A judgment may also be entered again~1 you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or propeny or other rights important to you. including custody or visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counselors is available in the I'rothonotary's Office at the Cumberland Counly Courthouse. Carlisle. I'eIUlsylvania. IF YOU DO NOT FILE A CUlM mR ALIMONY. DIVISION OF PROPERTY. UWYER'S li'EES OR EXPENSES. BEFORE A DIVORCE OR ANNULMENT IS GRANTED. YOU MAY tOSE THE RIGHT TO CUlM ANY OF THEM. YOU SHOUI.D TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HA VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEI.P. Coun Administrator - Fourth Floor Cumberland County Courthouse Carlisle. Pennsylvania 17013 Telephone (717) 240-6200 The Coun of Common /'leas of Cumberland County is required by law to comply with Ihe American.~ with Disabilities Act of 1990. r'Of information about accessible facilities and rell'<Onable accommodalions available to disabled individuals having business before the coun, please contact our office. All anangernenls must be made at lea...-t 72 hours prior to any hearing or business before lhe coun Y 011 must attffid tht- scheduled conference or hearing. James J. Ka)er. E.squire Attomey for /'Iaintiff Ubeny Loft 4 East Liberty Avenue Carlisle,llA 1701.' (7t7) 24.1-71122 WHEREFORE, Plaintiff requests the court 10 enler a decree of divorce. Respectfully submitted. .' Date: August S, 1997 EVERETI LEE FERGUSON. : IN TIlE COURT OF COMMON PLEAS OF Plaintiff' : CUMBERLAND COUNTY. PENNSYLVANIA vs. : CIVIL ACTION . LAW : 97-4233 NADINE K. FERGUSON, Defendant : IN DIVORCE A~SWER TO COUNTERCLAIM COUNT I 9. Plaintiff'incorporates herein by refc:rence Paragraphs 1 through 8 of his Divorce Complaint as if set forth in their full text. 10. Denied. It is denied that the parties have been living separate and apart since June II, 1997. It is averred rather, as stated in the p1aintift's Affidavit Under Section 3301(d) of the Divorce Code. the parties separated on or about August 16. 1992. 11. Admitted. WHEREFORE. Plaintiff' requests your Honorable Court to enter a Decree in Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT U 12. PlaintifI's avermentS in Paragraph I through 8 of his Complaint IlIll his answers to Paragraph 9 through II. as set forth above, are incorporated herein by leferenc:e as if set forth in their tW1 text. t 3. Denied. It is denied that the parties have legally or beneficially acquired property. It is denied that that parties acquired any real property and denied that the parties acquired any penonal propeny during the coune of their marriage. It is liInher averred that any penonal propel1Y that the Pbintilf had at the time of the parties' Ill&I'riIp bas been tnASftfred to the DefendaAt'1 posmoinot. 14. Admitted in part and denied in pan. It is admitted that the Plaintiff bad non- marital property which was owned prior to the parties' marriage. It is denied that this non- marital property increased in value in the short period of time from the parties' marriage on 1une 16, 1990 until the parties' separation on August 16, 1992. 1 S. Admitted in part and denied in part. Plaintiff admits that to his knowledge the parties have not agreed to a comprehensive division of property. It is averred, however, that the parties have already separated the only marital property that existed from their marriage. It is further averred that if the Defendant is implying that she bas been unable to reach agreement with the PIaintitf that no such attempts to reach a 6naI agreement have been made. WHEREFORE. PIaintitf requests your Honorable Court to dismiss Count D of Defendant's Counterclaim. COUNT m t6. Plaintift's averments of Paragraph 1 through 8 of his Complaint and his answers to the Counterclaim set forth above in Paragraphs 9 through 1 S are incorporated herein by reference as if set forth in their fu1I text. 17. Denied. It is denied that the Defendant lacks sufficient property to provide for reasonable means. It is denied that she is unable to adequately support herself. 18. Denied. It is denied that the Defendant requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage, 19. Admitted. WHEREFORE, Plaintiff requests your Honorable Court to dismiss Count m of Defendant's Counterclaim. COUNT IV 20. Plaintiffs averments of Paragraph I through 8 of his Complaint IIId his lIIISWer1 to the Counterclaim set forth above in Paragraphs 9 through 19 are incorporated herein by reference u if set forth in their fun text. 21. Denied. plaintiff does not have sufficient knowledge or information to fonn a belief u to the truth of the averments relative to the Defendant's claim that she has employed the law linn of Wolfson &: Associates u legal toUlISd. It is specitically denied, however, that the Defendant is unable to pay _ury and reasonable attorney's fees for said counsel. It is further averred that this is a short marriage with no property IIId no issues, therefore, there should be no extensive legal fees of any natuJ'C whatsoever. 22. Denied. It is denied that the Defendant is in need of hiring an 't'N\IIlfttAnt. It is denied that the Defendant is in need ofhiring a real estate appraiser. It is denied that the Defendant needs to hire any experts in this case. It is averred rather that this is a IttIipa forward., simple. uncomplicated case with no nwitallSsets and, therefore, aU of the fees claimecl to be needed by the Defendant are UIlIlCCeSSIIy. ., . --...-.- -..- NADINE K. FERGUSON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 97-4233 EVERETT LEE FERGUSON, Defendant : ACTION TO DETERMINE APL : DRO NO. PETITION FOR ALIMONY PENDENTE LITE TO THE HONORABLE, THE JUDGES OF SAID COURT: The Plaintiff respectfully represents: 1. That the Plaintiff, Nadine K. Ferguson, is an individual residing at P.O. Box 134, Scotland, Franklin County, Pennsylvania. 2. That the Defendant, Everett Lee Ferguson, is an individual residing at Apt. 233W, Northpoint Avenue. High Point, North Carolina 27262. 3. That the Plaintiff and Defendant were married on June 16, 1990. in West , Virginia. and separated on June 11. 1997. 4. That the Defendant has not sufficiently provided support for the Plaintiff. 5. That the Defendant is believed to be employed at Roadway Express. , Comersville, North Carolina and earns an amount that is unknown to the Plaintiff. 6. The Defendant's social security number is 236-62-8611. 7. That the Plaintiff is employed at Scotland Scotland (SSVC) which is located at 3583 Scotland Road, Scolland, Franklin County, Pennsylvania and earns $1.096.80 gross biweekly. 8 That the Plaintiff's soc:iaI security number is 2OQ..M-91S9. 9 That the PIainttff is not recer.1>lQ publlc aS$iatance