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HomeMy WebLinkAbout98-06861 I . , -!\ j ~. '0' .., ~ ~ ~" q:' ~, ~ ~ -:-... ... .,:) ... CJ "'. ~l o...i -..31 ! ~i ~\ { '-. ~h;'" ':.:. ~.:- ':.>' 0;4 ., I~ !8 PLEAS l~ (~ !'" i~ ('" I~ . . ~ *.***~,*~,,*,'~*~.~.,~..~-'~.~.*..~.~.~*~ .:.:. ':.:. ':.:. ,x. ':.:. ~I ",,'" ~; " ( ~! IN THE COURT OF COMMON ~; . i ~:. wi 0:-') ,.,) ~) ~~ . , ~( "'l ,', ~ OF CUMBERLAND COUNTY '":'t' STATE OF ;~~~ \, .......~.; .~r AND NOW, . , , , , , ,Apr~l , . . . . . ~o~. . . ' '. 1~. .2.0.02,. it is ordered and decreed that... .. .. .. . .' . .. .J.t\Mll~ I~.. .BAY, .11, , ..... . .. . .. . . ", plaintiff, and . .. .. .. .. .. .. .. .. . .. . . . .. JULlr:. 1'.. BAY.. .. .. .. .. .. . , .. .. . '. defendant, are divorced from the bonds of matrimony. JAMES R. BAY, II PENNA. :\ (). 98-(,861 1') ~ $ S. \'1 t<'(:; ~ JULIE E. 8AY s ~ $ ~! ~l ~ ,; ~ ~ ;i ~.~ ~ .' ~ DECREE IN DIVORCE ~ ~ 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; ;t; ~.' ,., ~ .. ~~~)l... .... .... ... . .. .. .. . .... ..... .. .... .... ...., ... , . . . . . . . , , . , . . . . . . . . , ~ ~ ~.' ~ .,' ~,',~ T · <;iJ 7j!~ $ ~ ~ ~ ~ :<; ~ 3 ::-.......If ---~- ~--.-~,--',--"~,, - ~ ~~._**~~---~*~*-~.**** ~ f.~ Prolhonolary ~ " ~ ',' ~ ',' ~ ~ :!- $ ~ ~ i, ~ ~ ',' ~~ l~ i"" ~ ~ ~ $ ~ S $ !~ ~ I~ ... ~ ~ ~ ~ J. ~ ~ ~ ~ , . .. '~ .:+:. .:.;. .:.e.:- .:",;. -:.:. .:+;. .:<t;. .:~;, .:+;. -:.;. JAMES R. BAY, II, IN THE COURT OF COMMON PLEAS OF Plaintif f I CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 15 leFl, I {L.~l~,-C JULIE E. BAY, CIVIL ACTION - LAW Defendant 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 decr~e 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 17013 (717) 249-3166 JAMES R. BAY, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. r; J I. I {. I C ( , "I r;. ",- VB. JULIE E. BAY, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(a), 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff, James R. Bay, II, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, James R. Bay, II, is an adult individual who currently resides at 616 Bloserville, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant, Julie S. Bay, is an adult individual who currently resides at 616 Bloserville, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. COUNT I - NO-FAULT DIVORCE 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on May 29, " ~! ~ ~ 1982 in Belpre, Ohio. ;" 6. There have beon no prior actions of divorce or for annulment between the parties. :; 7. The marriage is irretrievably broken. 8. 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. 9. This action is not collusive. 10. There are no dependent children to the marriage. COUNT II - FAULT DIVORCE 11. Paragraphs one through ten are incorporated herein by reference. 12. Plaintiff is the innocent and injured spouse. 13. Plaintiff would aver that Defendant, in violation of her marriage vows and in violation of the laws of the Commonwealth of Pennsylvania, has offered such indignities unto Plaintiff as to make Plaintiff's condition intolerable and Plaintiff's life burdensome. I by COUNT III - EQUITABLE DISTRIBUTION 14. Paragraphs one through thirteen are incorporated herein reference. 15. The parties have legally and beneficially acquired property, both real and personal, during their marriage. I JIII.1I'\I,'IUlt"~H'" 1'o4'''I''''.loo OulN 11:'1111""11;\\1 .,,-.1 ''4 I"'''~'' i'" >\ \\1 ~; '" {' JAMES It Il,,,", II. 1:-": TilE COURT OF ('O~1~10:-": I'l.h\S OF ('( 1~IIlERI.A:-":D ('OU:-":IY, I";,:-"::-":SYI.\',\:-":IA I"aintilf \" :'\0, 'IS.ClSClI CIVIL TER:\l JULIE E. IlA Y. Dcfcndanl IN DIVORCE . . ; , i' , r ,. If ! ,t PRAECIPE TO TIUNSi\IIT IU:COJU> To thc Prothonotary: Transmit thc record. logcthcr wilh thc following inlonlJation, 10 thc court for entry of a divorcc dccrcc: 1, Ground for divorcc: irrctricvable breakdown undcr Seclion 3301(c) ofthc Divorcc Code, 2. Dalc ul1d manner ofscrvicc oflhe complaint: Scc Attorncy's Acccptunce ofServicc. as Iilcd, 3, (u) Dutc of execution ofthc Pluintifrs affidavit of conscnt rcquircd by Scclion 1 , I . 3301 (c) ofthc Divorce Code; February 2.2002; by lhe Defcndunt; April 12, 2002, 4. 5. Relutcd claims pending: None. Date Plainlifrs Waiver of Notice in S3301(c) Divorce wus filed with the Prothonotary: February 8, 2002, Date Defendanl's Waiver of Noliee 111 s3301(e) Divorce was filed with the Prothonotary: April 19, 2002. 1'" f,"; i~~^"" I .,: . <I I :: i : \ MARTSON DEARDORFF WILLIAMS & OTTO By ~ L~A-z.- II ~ Thomas J, Willia s Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 ,,.it,;' 'i" i:",,,;::, 'IIi" I,:." !('S'" !>lii , :::1.' .pi,;" \ ) , i':," "l"-x ~li~~ " ,,~v/t - , .^^;~.;. .4;' \,-. \, r ' ..'Z~ Attorneys ror Plainlifr Dale: ApriIZZ.,2002 ~c iI" '1 , :1 ....:....):; :-. '::J -'I '.r '-, I i. I L : J C) t'IIlI!'iIl.\T.\IIU.licnJ,........ l'i-It'l~..tlJco (1'''1'<1 .~ NU~ 1I1"'~ ,\" 1l,\1N'<J 114'1.,:11I:..1'\\1 J ' ,',! t PlainlilT IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JAMES R. BAY, II, v, NO. 98-6861 CIVIL TERM JULIE E. BAY, DcCcndant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUl\IBERLANI> COUNTY: . :.' Thc parties jointly, through their counscl. wilhdraw all pending claims rclated to this divorcc action, except the claim Cor divorce, MARTSON DEARDORFF WILLIAMS & OTTO By ""-!!.#YJ,v:-' lJ\; :J1~- Thomas J. Willi's, Esquire Tcn East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys Cor PlaintiCC Date: April 18, 2002 ANDREWS & JOHNSON Date: April 4, 2002 By R 7 West PomCret ~ arlisle, P A 170 (717) 243-0123 Attorneys Cor DeCendant :, ~ I I 1.1 , , i . I I ~ JAMES R. BAY, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No. 98 - 6861 CIVIL TERM CIVIL ACTION - LAW - IN DIVORCE PREVIOUSLY ASSIGNED TO: J. HESS vs. JULIE E. BAY, Defendant STIPULATION OF COUNSEL TO THE HONORABLE JUDGES OF SAID COURT: The undersigned counsel for the above-captioned parties hereby indicate their stipulation to resolve the Petition Pursuant to Rule 229 filed by the Defendant for which a hearing was scheduled in Courtroom Number 4, on February 14, 200.0, at 10:30 o'clock a.m. The Plaintiff agrees to withdraw the divorce action filed as between these same parties in Ohio, and further agrees to reinstate \ (or refile, if necessary) the divorce action in Cumberland County, Pennsylvania. The Defendant waives her claim for attorneys fees and or costs requested in said Petition. ;';; The parties jointly request the Court sign the attached, proposed order cancelling the above-referenced hearing. /1 . r{' U/;? ( ,i ,'g ',.{ Matthew J. Eshelman, Esquire for Pla'ntiff James R. Bay, II Esquire E. Bay Date: J/4cG Date: ~/hu I JA~II,S 1(, IIA V, II. : 1:\ 1111.. ('01 Rr OF ('o:-'IMO:>J PLEAS OF PlaintilFRcspondcnt : ('II~IJII:RI.I\:-';I) ('(lIINTV,PE:>JNSVI.V,\NIA \, : ('I VII. ..\(' J'JO:-'; - 1.,\ \\' JIII.IE I',IIAV. : NO. IIS.ClS(>! ('IVII. TU~M J>c1i:ndan1/Pclitioncr : IN IJIVOR(T AFFIDA VIT OF SERVICE COMl\IONWEALTII OF PENNSYLVANIA COUNTY OF CUMBEHLAND ) AND NOW, this 301h day of Deeemher, 1999, I. Ronald E. Johnson. Esquire, attorney ll)r Julie E. Bay, Defendant/Petitioner in the ahove-eaptioned action, herehy swear that 1 have served a true copy of the Petition Pursuant to Rule 29, executcd hy the Defendant/Petitioner in the ahove- captioned matter, upon the Plaintiff/Respondent's counsel at 2108 Market Slreet, Aztec Building, Camp Hill. PA 17011. hy deposiling the same in lhe l),S. Mail. postage prepaid, first class mail. ANDREWS & JOHNSON Sworn and suhscrihed to hel<lre me this 30th day of Deeemher, 1999. NOT~RrAL SEAL SHELLY SEXTON, NOTARY PUBLIC CARLISLE BORO, CUMBERLANO C~UNTY MY COMMISSION EXPIRES APRIL 2,1, 2003 Member, Pennsylvania ASSOciatIon 01 NotarIes JAMES R, BA Y.II. : IN TilE COIIRT OF ('()MMON "I.EAS 01' PlaintinJRespundent : CUMBERI.AND ('ot 'ny, PENNSYLVANIA v, : CIVil, ACTION. I.A \\' JULIE E, IIA Y. : NO.lJH.(,H61 <'IVII. TLI(~1 Delcl1llanlll'etitioner : IN DIVORCE ORDER OF COllRT AND NOW, this ,'1 day of ~ in wnsideration of the attached Petition Pursuant to Rule 229. the Plaintiff/Respondent, James R, Bay, II. is hereby directed to show cause why the discontinuance tiled by the Respondent in the above captioned divorce action previously filed in Cumberland County should not be stricken: why the Respondent should not be ordered to pay to the Petitioner the sum of $500 towards attorneys fees and costs incurred by the Petitioner in the filing of this Petition and any legal action lhat may be necessary in the State of Ohio; and further why the Respondent should nOI be directed to withdraw the divorce action filed in Ohio, Respondents Answer shall be due at a hearing to be held in Courtroom // , on the I'-I/) /j', .,:/ 'L day of [,/ ,,.'1", .'!!:..-..:-' at/~o'c1ock, ,-,-.01, in lhe Cumherland County Courthouse, .:; Carlisle, Pennsylvania, This Order shall be served upon the Respondent's counsel inlhe Pennsylvania divorce action previously filed by regular mail. BY TilE COURT, ~~~~ / . . 0 I /., /COfUW flIU\.W.tt.. J, / /J-C)9 - 9y AK3 Alimony: under ('ount Tlm.'e thereof a claim lilr Alimony Pendente I 111.': ;1I1d under Count Four thereof 1\ c1i1imlill' Counsel Fees and hpenws, 4, The Petitioner, .Iulie E, lIay, also tiled a Petition IiII' SI'ousal Support with the Domestic Rclillions Omce ofCumberl:md ('ounly \\hkh atlhe initial conference held on said Petition lhe Respondent denied liability and the millieI' was lefeJ'lld hI Ihe Court of Common Pleas lor a determiniltion on that issue, 5, Tlm( af1er a number of continuances of the hearing scheduled to determine lhe Respondent's liability for spousal support, said continuilnces based al least in part on the Petitioner's belicfthallhe parties were e10se to resolving the issues regarding their marital property, a hcaring was hcld on December 6, 1999 in fronl of The Honorable Kevin A. I kss, 6, That none ofthc issues raiscd by either the Respondent in his Complaint in Divorce or the Pelitioner in her Petition for Relaled Claims Under Ihe Divorce Code have bcen resolved as of the date of this Petition, 7, That on or about October 29, 19991he Resplll1llent by and through his attorney, MallhclV .I, Eshelman, Esquire liIed a Praecipe to Withdnm thc Divorce aelion previously filed, a copy of thaI Praecipe to Wilhdraw the action was lorwardcd 10 the Petitioner's attorney, Ronald E. Johnson, Esquirc. by a letter dated December 9, 1999, 8, That on or about December 2, 1999 Ihe Respondenl, .fames R. Bay, II, filed a Complainllor Divorce in Ihe Court of Common Pleas of lJnion County. Ohio, and in addition to the Complaint in Divorce the Pelitioner filcd a Motion 1'01' a Rcslraining (lrder against the Petitioner and .. Reqlleslli.r Produclion of Documcnls all of II hid. arc sllpplls,'d h' I,c ddivcred 10 Ihc Respondcnl's 1I110l'lley in ('oIUlllbus. Ohill II ilhin ~o da), .11 h:r 'cll iI",', 'I. Thai on or ..bout December I J, II)I)'} the Petitioner reIC'ived by eertilied mail the doeumenls referred tu in paragraph 8 ahow, 10, That Ihe Respondeot and Pelitioner h..\'\: resided in th.' Slate of Pennsylvania since approximately July 1988 and thai the Respondent only mO\ cd lothe State of Ohio ,Iller the parties separated in March 1999. II, That neither the Petitioner nor her allome)' e\ er agreed to the discontinuance of the divorce action previously liled in Cumherland County as eaption,'lI above, 12. That should the Respondent be allowed to lIisconlinu.' the divorce action previously tiled in Cumberland County, Pennsylvania, which h..s pcnding related economic e1aims requested by the Petitioner, and should the Respondent be able tu procced upon tile' Complaint in Divorce he filed in Ohio the Petitioner, Julie E. Bay, will suner unreasonable incllnvcldence, vexation, harassment, expense and prejudice, 13, That the Petitioner has incurred additionallccs and cxpenses in pursuing this Petition and further attempting to prese\'\'e her righls as n result of the Complainl in Divorce tiled by the Respondent in Ohio. WHEREFORE, the Pctitioner, Julie E, Bay, in accordance wilh Pa. R,C,P. Number 229(c) respectfully requests your Honorable Coul'l 10 Order Ihe Respondellllll Show Calise why the discontinuance liled by the Respoodcnt in the above captioncd divorcc action previously tiled in Cumberland County, Pennsylvania should not hc strickcn, In additiolllhe Petitioner respectfully I verify that the statements made in the foreg(lin~ "",ulllcnl ,Irc true ,md correct. I understand that falsc st:llClllcnts hcrein arc nmde suhjcctt" thc I'cn;litics of 18 p,Le,S, ~ 4904. relating 10 unsworn falsification to authorities, ICJkJHr; I J (- ~ ~ .-IL {~. '(If, . (f DATE: JAMES R. BAY, II, IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . VB. No. )6-~O 1'/ - t-f'~/ JULIE E. BAY, . CIVIL ACTION - LAW . Defendant IN DIVORCE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw the above-captioned civil action. Date: k., I:)" l' lly l'U~~itted' ":\. '--- , Matthew J. Eshelman, Esquire Law Office of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 10# 72655 Tel. (717) 763-1800 , :t:- "''\ \J'~-' .~ '>- c'l ~~~ , ,,' ~"'\ . ( ., , . .'. .. . '..' c ..' " c. C- '. ,., l~ . c-\ JAMES It 1M Y, II, : IN TIlE cm JRT OF COMMON I'LEAS OF I'I1IilllifllRcsplllldcllt : ('tIMBERLAND COUNTY. I'ENNSYL VANIA v, : CIVIL ,'CTlON - LA W JULIE E, BA Y, : NO,'!N-6N61 CIVIL TERM Delcndllntll'etitillner : IN DIVORCE I'F:TITION FOR I{EI.ATEIl CLAIMS UNIlF:R TIm mVORCE CODF: The Petition of JULIE E. IIA Y hy and through her attorneys, Andrews & Johnson and Ronald E, Johnson, Esquire respectfully represents that: COllNT I- F:OlllTABLE mSTRIBIITION 1. Petitioner is the mUlled Defendant inlhe above captioned action which was filed on or about December 4, 1998, 2, Petitioner and Respondent have acquired property both real and personal during their marriage. 3, Petitioner and Respondent have been unable to agree as to an equitable distribution of said property, WHEREFORE, Petitioner respectfully requests that this Court enter an Order distributing all of the aforementioned property as the Court may deem equitable andjusl. COUNT II - ALIMONY 4. The Petilioner lacks sufficient income 10 provide for her reasonable needs in accordance with the standard of living of the parties eSlablished during the marriage. 5, The Petitioner is unahle to support h~rsclf in accordance \\ith the slllndard of living of the parties during the marriage through appropriate ellll'loym~nt, (" The Respondent is employed mill enjoys a suhstmlli.11 income frum which he is able to contribute to the support and maintenance of the Petitioner and to pay her ;.Iimony in accordance with the Divorce Code of Pennsylvania, WHEREFORE, Petition~r requests the Court to enter an Order awarding Petitioner permanent alimony from the Respondent in such U1110unts as arc reasonable and adequate to support and maintain Petitioncr in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY l'ENIlENT LITE 7, Petitioner is without sufficicnt income to support and maintain herself during the pendency of this action, 8. Respondent cnjoys a substantial income and is well able to contributc to the support and maintenancc of the Pctitioner during the course of this aclion. WHEREFORE, Petitioner rcquests the Court to Ordcr Respondent to pay her reasonable alimony pendente lite during the course of this aclion. COUNT IV - COUNSEL FEES ANIl EXPENSES 9, Petitioner has limited resources to pay the necessary counscl fces, costs and expcnses necessary to litigate the marital claims arising in this action and Respondent is more than able to pay them, JAMES R, BA Y,II, : IN TilE ('011 In OH'OM~ION PI.EAS OF PlaintiITiRes(lllndenl : (,1l!\\IlERI.AND (,OIlNT\', I'ENNSYI.V ANIA v, : CIVil, A('TlON - 1.,\ W JULIE E, BAY, : NO, l)1l.61161 ('IVII. TI'I~!\I ()etcndllntll'elitiuner : IN DIVOR( 'E AI'PEARANCf: ANI> I'RAECII'E Hm lUlU: TO FII.E 11I1.1. OFI'AltTICIII.AltS TO TIlE PROTHONOTARY: Please enler our appearance for and on hehalf oflhe aho\e'"allled Iklcndanl. Julie E. lIay, in Ihe above-captioned action, and enler a Rule liS ofeollt'c IIpOlllhc l'laillllll, JaIlIC' It "ay, fl. 10 lile u lIill of Particulars wilhin twenty (20) days alier scrvicc of Ihis Rille, or Sillier .IIUI~II"'1I1 of 110111"''', ANDREWS &..11 1I1NSl IN Date: 2//l.Jfi / / RULE AND NOW, Ihis/.,2+<Uay of h' blll., ~i'<. ....1_.. I'WI,lIl1l1le is enlered on .Il1mes R. Bay, II, Plaintiff herein, to tile a Bill of Particulars withiu (wcnly (20) days ,tticr scrvicc oflhis Rule, or suffer judgment of non pros, 0, ')~; - . ') '-. -~-' /J!. (.J..t.L~_j-,_, ~' t.r l'nllhlHHllllfV .... ."J;"1/ ~ <.9 v V >- ,... ,- 0:: C': e; ~ .. LuG N :~~> C)<::...; ~- u:.~:" 0.: ~r.' ; c <.D "-,,' ,.,' ww.: /~ ct !J. ,I 0.-.. ~'!H~ r= LoJ LL- . I.L Cl ~.'J 0 Cl U r ~ r PATRICK F. LAUER, JR. Attorney at Law 2108 Market Smut Artec Building Camp Hill, PA 17011 (717) 763-1800 JAMES R. VS. JULIE E. BAY, II, Plaintiff BAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 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, 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 JAMES R. BAY, II, Plaintiff VS. JULIE E. BAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 97-C; / dxJu CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SRCTIONS 3301(a), 3301(c) or 3301(d) OF T~ DIVORCE CODR The Plaintiff, James R. Bay, II, through his attorneys, The Law Offices of Patrick F. Lauer, Jr., makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, James R. Bay, II, is an adult individual who currently resides at 616 Bloserville, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant, Julie S. Bay, is an adult individual who currently resides at 616 Bloserville, Newville, Cumberland County, Pennsylvania 17241. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. COUNT I - NO-FAULT DIVORCE 4. Paragraphs one through three are incorporated herein by reference. 5. The Plaintiff and the Defendant were married on May 29, 1982 in Belpre, Ohio. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. 9. This action is not collusive. 10. There are no dependent children to the marriage. COUNT II - FAULT DIVORCE 11. Paragraphs one through ten are incorporated herein by reference. 12. Plaintiff is the innocent and injured spouse. 13. Plaintiff would aver that Defendant, in violation of her marriage vows and in violation of the laws of the Commonwealth of Pennsylvania, has offered such indignities unto Plaintiff as to make Plaintiff's condition intolerable and Plaintiff's life burdensome. COUNT III - EQUITABL~ DISTRIBUTION 14. Paragraphs one through thirteen are incorporated herein by reference. 15. The parties have legally and beneficially acquired property, both real and personal, during their marriage. 16. The Plaintiff and the Defendant have been unable, as of the date of this Complaint, to agree as to an equitable division of said p~operty. W"~REFORE, the Plaintiff, James R. Bay, II, respectfully requests this Honorable Court to enter a decree of divorce in this matter; and the Plaintiff further requests the Court to incorporate any Stipulation reached by the parties regarding the division of marital property into the divorce decree; or, should the parties fail to reach such an agreement, to equitably divide all marital property. Date: Respe7~~~ Matthew J. Law Offices 2108 Marke~ Camp Hill, ID# 72655 Lelman, Esquire Patrick F. Lauer, Jr. Street, Aztec Building Pennsylvania 17011-4706 Tel. (717) 763-1800 JAMES R. BAY, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff ~ CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. JULIE BAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE 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. C.S. S 4904, relating to unsworn falsification to authorities. JAMES R. BAY, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA JULIE E. BAY, Defendant/Petitioner CIVIL ACTION - LAW NO. 98-6861 IN DIVORCE CIVIL TERM APPEARANCE AND PRAECIPE FOR RULE TO FILE BILL OF PARTICULARS TO THE PROTHONOTARY: Please enter our appearance for and on behalf of the above-named Defendant, Jul ie E. Bay, in the above-captioned action, and enter a Rule as of course upon the Plaintiff, James R. Bay, II, to file a Bill of Particulars within twenty (20) days after service of this Rule, or suffer judgment of non pros. Date: RULE AND NOW, this ,~,~Cqay of _~~_~ ,1999, a Rule is entered on James R. Bay, II, Plaintiff herein, to file a Bill of Particulars within~wenty (20) days after service of this Rule, or suffer judgment of non pros. Prothonotary JAMES R. BAY, II, JULIE E. BAY, Plaintiff/Respondent Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 98-6861 CIVIL TERM : IN DIVORCE PETITION FOR RE1,ATED CLAIMS UNDER THE DIVORCE CODE The Petition of JULIE E. BAY by and through her attorneys, Andrews & Johnson and Ronald E. Johnson, Esquire respectfully represents that: COUNT I - EOUITABLE DISTRIBUTION 1. Petitioner is the named Defendant in the above captioned action which was filed on or about December 4, 1998. 2. Petitioner and Respondent have acquired property both real and personal during their marriage. 3. Petitioner and Respondent have been unable to agree as to an equitable distribution of said property. WHEREFORE, Petitioner respectfully requests that this Court enter an Order distributing all of the aforementioned property as the Court may deem equitable and just. COUNT II - ALIMONY 4. The Petitioner lacks sufficient income to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 5. The Petitioner is unable to support herself in accordance with the standard of living of the parties during the marriage through appropriate employment. 6. The Respondent is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of the Petitioner and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Petitioner requests the Court to enter an Order awarding Petitioner permanent alimony from the Respondent in such amounts as are reasonable and adequate to support and maintain Petitioner in the station of life to which she has become accustomed during the marriage. COUNT III - ALIMONY PENDENT LITE 7. Petitioner is without sufficient income to support and maintain herself during the pendency of this action. 8. Respondent enjoys a substantial income and is well able to contribute to the support and maintenance of the Petitioner during the course of this action. WHEREFORE, Petitioner requests the Court to Order Respondent to pay her reasonable alimony pendente lite during the course of this action. COUNT IV - COUNSEL FEES AND EXPENSES 9. Petitioner has limited resources to pay the necessary counsel fees, costs and expenses necessary to litigate the marital claims arising in this action and Respondent is more than able to pay them. 10. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses, prior to the final hearing, Petitioner requests that, after final heating, the Court order Respondent to pay Petitioner reasonable counsel fees, costs and expenses. WHEREFORE, Petitioner requests the Court to enter an Order directing Respondent to pay Petitioner's reasonable counsel fees, costs and expenses. ANDREWS & JOHNSON ~/ Carlisle, ~013 ' (717) 243-0123 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. § 4904, relating to unsworn falsification to authorities. Julie E. Bay ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 (717) 243-0123 JAMES R. BAY, I1, JULIE E. BAY, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - I.AW NO. 98-6861 CIVIL TERM Defendant/Petitioner IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that on this date, February 16, 1999, I mailed a copy of the Petition for Related Claims Under the Divorce Code and Appearance and Praecipe for Rule to File Bill of Particulars to the following person at the following address by U.S. Mail, delivered to: Matthew J. Eshelman, Esquire 2108 Market Street, Aztec Building Camp Hill, PA 17011 I verify that the statements made in the foregoing Certificate of Service 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. ANDREWS & JOHNSON B ~ / Ronald E. Joh/I~n, Esq." / Attorneys fo~ldlntiff ~ 78 W. Pomfret Street Carlisle, PA 17013 (717) 243-0123 JAMES R. BAY, II, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. W.~=~m ~-~?~/ JULIE E. BAY, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO WITHDRAW TO THE PROTHONOTARY: Kindly withdraw the above-captioned civil action. Date: Matthew J. Law Of fice~ Eshelman, Esquire of Patrick F. Lauer, Jr. 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 72655 Tel. (717) 763-1800 JAMES R. BAY, II, JULIE E. BAY, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 98-6861 CIVIL TERM Defendant/Petitioner : IN DIVORCE PETITION PURSUANT TO RULE 229 The Petition of JULIE E. BAY by and through her attorneys, Andrews & Johnson and Ronald E. Johnson, Esquire respectfully represents that: 1. On or about December 4, 1998 the Plaintiff/Respondent, (hereinafter referred to as Respondent) James R. Bay, II filed a Complaint in Divorce in the Court of Common Pleas of Cumberland County, Pennsylvania to the above captioned number and term in which he requested in Count One thereof a No-Fault Divorce; in Count Two thereof a Fault Divorce; and in Count Three thereof Equitable Distribution. 2. On or about February 12, 1999 Ronald E. Johnson, Esquire entered his appearance on behalf of the DefendanffPetitioner (hereinafter referred to as Petitioner), Julie E. Bay, and filed a Praecipe for the Plaintiffto File a Bill of Particulars which was served on Plaintiff's counsel on February 16, 1999 by U.S. Mail. 3. On February 12, 1999 the Petitioner, Julie E. Bay, by and through her attorney, Ronald E. Johnson, Esquire, filed a Petition for Related Claims under the Divorce Code including under Count One thereof a claim for Equitable Distribution; under Count Two thereof a claim for Alimony; under Count Three thereof a claim for Alimony Pendente Lite; and under Count Four thereof a claim for Counsel Fees and Expenses. 4. The Petitioner, Julie E. Bay, also filed a Petition for Spousal Support with the Domestic Relations Office of Cumberland County which at the initial conference held on said Petition the Respondent denied liability and the matter was referrred to the Court of Common Pleas for a determination on that issue. 5. That after a number of continuances of the hearing scheduled to determine the Respondent's liability for spousal support, said continuances based at least in part on the Petitioner's belief that the parties were close to resolving the issues regarding their marital property, a heating was held on December 6, 1999 in front of The Honorable Kevin A. Hess. 6. That none of the issues raised by either the Respondent in his Complaint in Divorce or the Petitioner in her Petition for Related Claims Under the Divorce Code have been resolved as of the date of this Petition. 7. That on or about October 29, 1999 the Respondent by and through his attorney, Matthew J. Eshelman, Esquire filed a Praecipe to Withdraw the Divorce action previously filed, a copy of that Praecipe to Withdraw the action was forwarded to the Petitioner's attorney, Ronald E. Johnson, Esquire, by a letter dated December 9, 1999. 8. That on or about December 2, 1999 the Respondent, James R. Bay, II, filed a Complaint for Divorce in the Court of Common Pleas of Union County, Ohio, and in addition to the Complaint in Divorce the Petitioner filed a Motion for a Restraining Order against the Petitioner and a Request for Production of Documents all of which are supposed to be delivered to the Respondent's attorney in Columbus, Ohio within 20 days after service. 9. That on or about December 13, 1999 the Petitioner received by certified mail the documents referred to in paragraph 8 above. 10. That the Respondent and Petitioner have resided in the State of Pennsylvania since approximately July 1988 and that the Respondent only moved to the State of Ohio after the parties separated in March 1999. 11. That neither the Petitioner nor her attorney ever agreed to the discontinuance of the divorce action previously filed in Cumberland County as captioned above. 12. That should the Respondent be allowed to discontinue the divorce action previously filed in Cumberland County, Pennsylvania, which has pending related economic claims requested by the Petitioner, and should the Respondent be able to proceed upon the Complaint in Divorce he filed in Ohio the Petitioner, Julie E. Bay, will suffer unreasonable inconvenience, vexation, harassment, expense and prejudice. 13. That the Petitioner has incurred additional fees and expenses in pursuing this Petition and further attempting to preserve her rights as a result oftbe Complaint in Divorce filed by the Respondent in Ohio. WHEREFORE, the Petitioner, Julie E. Bay, in accordance with Pa. R.C.P. Number 229(c) respectfully requests your Honorable Court to Order the Respondent to Show Cause why the discontinuance filed by the Respondent in the above captioned divorce action previously filed in Cumberland County, Pennsylvania should not be stricken. In addition the Petitioner respectfully requests your Honorable Court to award to the Petitioner attorneys fees in the amount of $500 payable by the Respondent which sum would represent attorneys fees and costs incurred by the Petitioner in the filing of this Petition and any legal action that may be necessary in the State of Ohio, and further enter an Order directing the Respondent to withdraw the divorce action filed in Ohio. Respectfully submitted, ANDREWS & JOHNSON By/Ror aid E. John¢~squir~ [ 78 West Pomf]/efi/Street Carlisle, PA F7013 (717) 243-0123 I verify that the statements made in the foregoing document are hue 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. i ~lieE. Bay ~~ Z JAMES R. BAY, II, JULIE E. BAY, Pl~ntiff/Respondent Defendant/Petitioner : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 98-6861 CIVIL TERM : IN DIVORCE AND NOW, this day of L)__apv/r~:~/, /7'77 in consideration of the attached Petition Pursuant to Rule 229, the Plaintiff/Respondent, James R. Bay, II, is hereby directed to show cause why the discontinuance filed by the Respondent in the above captioned divorce action previously fried in Cumberland County should not be stricken; why the Respondent should not be ordered to pay to the Petitioner the sum of $500 towards attorneys fees and costs incurred by the Petitioner in the filing of this Petition and any legal action that may be necessary in the State of Ohio; and further why the Respondent should not be directed to withdraw the divorce action filed in Ohio. Respondents Answer shall be due at a hearing to be held in Courtroom zr/ , on the /5t-t~ day of,~'~/~wa//~ ,o~r~, at/~; '3o%lock, ck.m. in the Cumberland County Courthouse, Carlisle, Pennsylvania. This Order shall be served upon the Respondent's counsel in the Pennsylvania divorce action previously filed by regular mail. BY THE COURT, .IAME~ R. BAY~ IL ANDREWS & JOHNSON 78 West Pomfret Street Carlisle, PA 17013 (717) PlaintillTRcspondent l)cfcndant/Petitioner : IN TIlE CO[JRT OF COMMON PLPiAS OF : CUMBERI;ANI) COUNTY. PENNSYI ;VANIA : CIVII~ ACTION ~ I~AW : N(). 98-6861 CIVIIJ TERM :IN I)IV()RCF. AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : COUNTY OF CUMBERLAND ) AND NOW, this 30th day of December, 1999. 1, Ronald E. Johnson, Esquire, attorney for lulie E. Bay, Defendant/Petitioner in the above captioned action, hereby swear that I have served a true copy of the Petition Pursuant to Rule 29, executed by the Defendant/Petitioner in the above captioned matter, upon thc Plaintiff/Respondcnt's counsel at 2108 Market Street, Aztec Building, Camp Hill, PA 17011, by depositing the same in the U.S. Mail, postage prepaid, first class mail. ANDREWS & JOHNSON B / Ronald E. Jo-¢/n Attorney for~,"'laintiff Sworn and subscribed lo before me this 30th day of December, 1999. NOTARI SEAL / SHELLY SEXTON, NOEAR¥ PUBLIC CARLISLE BOR0, CUMBERLAN; COUN1Y MY COMMiSSiON EXPIRES APRIL 2~, 2003 Me~be~, Pen~syiv~;lia Association o! Notaries JAMES R. BAY, II, Plaintiff vs. JULIE E. BAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No. 98 - 6861 CIVIL TERM CIVIL ACTION - LAW - IN DIVORCE PREVIOUSLY ASSIGNED TO: J. HESS STIPULATION OF COUNSEL TO THE HONORABLE JUDGES OF SAID COURT: The undersigned counsel for the above-captioned parties hereby indicate their stipulation to resolve the Petition Pursuant to Rule 229 filed by the Defendant for which a hearing was scheduled in Courtroom N~mher 4, on February 14, 2000, at 10:30 o'clock a.m. The Plaintiff agrees to withdraw the divorce action filed as between these same parties in Ohio, and further agrees to reinstate (or refile, if necessary) the divorce action in Cumberland County, Pennsylvania. The Defendant waives her claim for attorneys fees and or costs requested in said Petition. The parties jointly request the Court sign the attached, propqsed or'er cancelling the above-referenced hearing. Matthew/J. Eshelmani Esquire /~ona'ld-El J~on, Esqulre for Plaintiff James R. Bay, II /for Defenda~Julie E. Bay · / JAMES R. BAY, II, Plaintiff JULIE E. BAY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DOCKET No. 98 - 6861 CIVIL TERM CIVIL ACTION - LAW - IN DIVORCE PREVIOUSLY ASSIGNED TO: J. HESS ORDER AND NOW, this /l~ day of f~6~ 2000, upon consideration of the Stipulation of Counsel in the above-captioned matter, the Plaintiff, James R. Bay, II, is directed to withdraw the divorce action filed in Ohio as between these same parties, and further, to reinstate (or refile, if necessary) the divorce action in Cumberland County, Pennsylvania. The Defendant's claim for attorneys fees and or costs as requested in her Petition Pursuant to Rule 229 are deemed waived. said Petition on February 14, hereby cancelled. The hearing currently scheduled for 2000, at 10:30 o'clock a.m., is BY THE COURT: -I -00 JAMES R. BAY, II, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JULIE E. BAY, Defendant NO. 98-6861 CIVIL TERM DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: The partiesj ointly, through their counsel, withdraw all pending claims related to this divorce action, except the claim for divorce. Date: April 18, 2002 MARTSON DEARDORFF WILLIAMS & OTTO BYThomas J. Willies, Esquire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: April/~_, 2002 ANDREWS & JOHNSON By ~l__a_ld E. Johnson,,~)4{Jir~ ' 7~ .We_st Pomfret ~/tr/get (/arlisle, PA 1701~ (717) 243-0123 Attorneys for Defendant C~.RLISLE, PENNSYLV^Nt^ 17013 JAMES R. BAY, II, JULIE E. BAY, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 98-6861 CIVIL TERM IN DIVORCE To the Prothonotary: PRAECIPE TO TRANSMIT RECORD Transmit the record, together with the following information, to the court for entry of a divorce decree: Code. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce as filed. Date and manner of service of the complaint: See Attorney's Acceptance of Service, 3. (a) Date of execution of the Plaintiff's affidavit of consent required by Section 3301 (c) of the Divorce Code; February 2, 2002; by the Defendant; April 12, 2002. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in §3301(c) Divome was filed with the Prothonotary: February 8, 2002. Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: April 19, 2002. MARTSON DEARDORFF WILLIAMS & OTTO Thon~as J. Willia~JEsqtiire Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Plaintiff Date: April, S., 2002 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE Of ~ PeNNA. JAMES R. BAY, II Versus JUL~E E. BAY DECREE IN DIVORCE AND NOW ......... ~.?.~.~. ...... ~°.~. ...... ~. 2.0.02., it is ordered and decreed that ................ 4 .~_~..~. ?....~.A~..~.~. .................. plaintiff, and ......................... J~. 5,. ~Y .....................defendant, are divorced from the bonds of matrimony. 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: