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HomeMy WebLinkAbout03-1462JOHN KIDMAN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : IN DIVORCE NOTICE YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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, 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 32 BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 Plaintiff Defendant IN THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNSYLVANIA · IN DIVORCE COMPI,AINT 1. The Plaintiff is John Kidman, who currently resides at 417B West Perry Street, Enola, Cumberland County, Pennsylvania 17025. 2. The Defendant is Joanne Kidman, who currently resides at 404 Huntington Avenue, Enola, Cumberland County, Pennsylvania 17025· 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 6, 1987 in Virginia Beach, Virginia. Cf}lINT I = IHVf}RCF, 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, Sections 3301¢) and 3301(d), in that: b) The marriage is irretrievably broken. Plaintiff and Defendant have lived separate and apart since March 1, 2002 and continue to do so. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. Neither the Plaintiff nor the Defendant is a member of the armed services. WHEREFORE, Plaintiff requests this Honorable Court to divorce the Plaintiff from the Defendant. COUNT II - EQIIITARI,E DIgTRIBIITION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. The parties married on May 6, 1987 and separated on March 1, 2002 and have acquired property which constitutes marital property and have worked out a tentative agreement which needs to be ratified by the court. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property along the proposed agreement. Date Respectfully submitted, COYNE & COYNE, P.C. Austin F. Grogan, Esqui~ 3901 Market Street Camp Hill, PA 17011-4227 (717) 737-0464 Attorney for Plaintiff I.D. #59020 VF. RIFICATIO]~ I, JOHN KIDMAN, verify that the statements made in the foregoing Complaint are tree and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date JOHN KIDMAN, Plaintiff Ve JOANNE KIDMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03- 1462 Civil Term IN DIVORCE PROOF OF ORIGINAl. SERVICE OF COMPI.AINT I, AUSTIN F. GROGAN, ESQUIRE, hereby certify that I have, on April 12, 2003, caused a true and correct copies of the attached Complaint for Divorce to be served upon the Defendant named below by way of certified first class mail, restricted delivery, postage prepaid, return receipt requested · Joanne Kidman 404 Huntington Avenue Enola, PA 17025 Dated: 7002 2410 0007 COYNE & COYNE, P.C. By: . ' ' -- _ ~ A~n F. ~/ogan, E~squire /] 3901 Market Street Camp Hill, PA 17011-4227 (717) 73%0464 Pa. Supreme Ct. No. 59020 Attorney for Plaintiff 1, 2, and 3. Also complete 4 if Restricted Delivery is desired. tint your name and address on the reverse that we can returrt-the card to you. this card to the back of the mailpiece, on the front~ff space permits. 7002 2410 0007 8508 Form 3811, July 1999 [] Address: , address different from item 17 [] Yes If YES, enter delivery address below: [] No 3. ~a..~ice Type jJ~ Certified Mail '~l--t Registered [] Express Mail [] Return Receipt for Merchandise [] Insured Mail I-I C.O.D. 4. Restricted Delivery? (Extra Fee) ..~Yes 9805 Domestic Return Receipt I02595-00-M-0952 HAROLD J. NELSON, 111, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner V. LINDA NELSON, Defendant/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003-1462 CIVIL TERM : : IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 23rd day of April 2003, come the Petitioner, Harold J. Nelson, III, by his attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Special Relief against the Respondent, Linda Nelson: The Petitioner, Harold J. Nelson, III, is an adult individual who resides at 10 Water Road, Dillsburg, Pennsylvania 17019. The Petitioner, Linda Nelson, Carlisle, Pennsylvania 17013. is an adult individual who resides at P. O. Box 512, o The Petitioner filed a Custody Complaint in the Court of Common Pleas of Cumberland County at Docket Number 2003-1642 Civil Term, a copy of which is attached hereto and marked as Exhibit "A". At this time a Conciliation Conference has not been scheduled. The parties are the natural parents of one child, namely, Dylan James Nelson, bom February 11, 2000. o The Respondent removed herself and the minor child, Dylan James Nelson, fi'om the marital residence on April 9, 2003, without prior notice or warning or explanation. Since that time, the Petitioner has received no information regarding his son, Dylan James Nelson, his whereabouts, and his health. He was able to see his son the weekend of April 17, 2003. The Respondent has refused any further contact of Dylan with the Petitioner. o The Petitioner has sought this information from the Respondent's legal counsel. A copy of said correspondence is attached hereto and marked as Exhibit "B". ° The Petitioner seeks reasonable legal fees in preparing and filing of this Petition for Special Relief. 3 WHEREFORE, Petitioner, Harold J. Nelson, III, respectfully requests that this Honorable Court enter an Order against the Respondent, Linda Nelson, requiting her to immediately provide custody to Petitioner as requested above as well as legal fees and costs of this Petition. Date: April 23, 2003 By: Respectfully submitted, IRWIN, McKNIGHT & HUGHES Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 4 EXHIBIT A HAROLD J. NELSON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff LINDA NELSON, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : O2 - / & qJx CIVIL TERM : IN CUSTODY ORDER OF COURT AND NOW, this day of ,2003, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at , on the day of 2003 at ~. M. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and nan'ow the issues to be heard by the Court and to enter into a temporary order. All children age five or.older may also be present at the .conference.. Failure to appear at this conference may provide grounds for entry of a temporary,or permanent order. By the Court, By: Custody Conciliator 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, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduling conference or hearing. HAROLD J. NELSON, 111, : IN THE COURT OF COMMON PLEAS OF Plaintiff LINDA NELSON, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : CIVIL TERM : IN CUSTODY --v ~:~ ~ COMPLAINT FOR CUSTODY ~; - =*" '~";'~ ~D NOW comes the Plaintif~ H~old J. Nelson, E, by his a~omeys, ~inT~c~igh~ ~d Hu~es, ~d presents the follow~g Complaint for Custody. The Plaintiff is Harold J. Nelson, EI, an adult individual residing at 10 Water Road, Dillsburg, Cumberland County, Pennsylvania. 17019. The Defendant is Linda Nelson, an adult individual residing at 16 Longwood Drive, Mechanicsburg, Pennsylvania 17050. The parties are the natural parents of one (1) minor child, namely Dylan James Nelson, born February 11, 2000. The Plaintiff desires primary physical custody of the minor child, Dylan James Nelson, and joint legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. o The best interests and permanent welfare of the minor child r~quires that the Court grant the Plaintiff's request as set forth above. WHEREFORE, Harold $. Nelson, I~, resl~ectfully requests that he be awarded primary physical custodY and shared legal ~ustody of igylan James Nelson, as provided herein, with periods of temporary custody to Defendant as provided herein. Date: April 9, 2003 By: Respectfully submitted, IRWIN, MeKNIGHT & HUGHES (717) 249-2353 Supreme Court I. D. No. 25476 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18'Pa. C.S.A. Section 4904, relating to unswom falsificatiofi to authorities. ROLD J. NEE~ON~ III ' ~ . Date: April 9, 2003 EXHIBIT B ROGER B. IR Y~IN I~L4RCUS A. McKNIGHT, II1 JAMES D. HUGHES REBECCA K HUGHES DOUGLAS G. MILLER OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYLVANL4 17013-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLA IF~.!SUPERNET. COM HAROLD S. IRP/IN (1925-1977) HAROLD S. IR~qN, JR. (1954-1986) IRtVIN,, IR1FIN & IRfVIN U956-1986) IRWIN, IRWIN'& McKtVIGHT (1986-1994) IR~FIN, McKN'IGHT &HUGHES (1994-) April 10, 2003 VIA FACSIMILE (240-0893) AND REGULAR MAll, THOMAS S. DIEtHJ, ESQUIRE ONE WEST HIGH STREET, SUITE 208 P. O. BOX 1290 CARLISLE, PA 17013 FILE COPY HAROLD J. NELSON~ Ill v. LINDA NELSON 03-1642 Dear Tom: This letter is to confirm that I am representing Harold J. Nelson, III. Enclosed please find a copy of the Custody Petition that I have filed in Cumberland County. We have no objection to the marital issues being litigated in Cumberland County. Please make arrangements for your client to permit Harold to visit with Dylan. We would like to know Dylan's whereabouts and where he is living. My client would also like to attempt marriage counseling with Linda. Please review this with her and call me as soon as possible. Very truly yours, & HUGHES Marcus A. tMcKni~ MAM:sls Enclosure cc: Mr. Harold J. Nelson, HI VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. HAROLD J.,lqELSON, ~I~ HAROLD J. NELSON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner V. LINDA NELSON, Defendant/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : 2003,1462 CIVIL TERM : IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, 1II, Esquire, hereby certify that a copy of attached Petition for Special Relief was served upon the following by depositing a tree and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Thomas S. Diehl, Esquire One West High Street, Suite 208 P. O. Box 1290 Carlisle, PA 17013 Date: April 23, 2003 By: IRWIN, Mc/~IGHT & HUGHES arcus/k. McKnig~} Iii, Esquire 60 WesttPomfret Stre'~t Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 HAROLD J. NELSON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner V. : LINDA NELSON, : Defendant/Respondent : : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-1462 CIVIL TERM IN CUSTODY ORDER OF COURT AND NOW, thi)~'~day of April 2003, upon consideration of the attached Petition for Special Relief, it is hereby Ordered as follows: The Respondent, Linda Nelson, immediately provide temporary physical custody of the minor child, Dylan James Nelson, at the marital home, with the Petitioner, Harold J. Nelson, III, until further Order of Court,.. ,~ A heari~ is set for ~ ~e O 2003, a~-' ~ m in Courtroom # ~ in the Cumberland County Courthouse, Carlisle, Pennsylvania. Judge CC.' Marcus A. McKnight, III, Esq. Attorney For Petitioner Thomas S. Diehl, Esq. Attorney for Respondent %. HAROLD J. NELSON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner V. LINDA NELSON, Defendant/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003-1462 CIVIL TERM IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, this 23rd day of April 2003, come the Petitioner, Harold J. Nelson, III, by his attorneys, Irwin, McKnight & Hughes, and makes the following Petition for Special Relief against the Respondent, Linda Nelson: The Petitioner, Harold J. Nelson, III, is an adult individual who resides at 10 Water Road, Dillsburg, Pennsylvania 17019. The Petitioner, Linda Nelson, Carlisle, Pennsylvania 17013. is an adult individual who resides at P. O. Box 512, o The Petitioner filed a Custody Complaint in the Court of Common Pleas of Cumberland County at Docket Number 2003-1642 Civil Term, a copy of which is attached hereto and marked as Exhibit "A". At this time a Conciliation Conference has not been scheduled. 2 The parties are the natural parents of one child, namely, Dylan James Nelson, born February 11, 2000. The Respondent removed herself and the minor child, Dylan James Nelson, from the marital residence on April 9, 2003, without prior notice or warning or explanation. Since that time, the Petitioner has received no information regarding his son, Dylan James Nelson, his whereabouts, and his health. He was able to see his son the weekend of April 17, 2003. The Respondent has refused any further contact of Dylan with the Petitioner. o The Petitioner has sought this information from the Respondent's legal counsel. of said correspondence is attached hereto and marked as Exhibit "B". A copy o The Petitioner seeks reasonable legal fees in preparing and filing of this Petition for Special Relief. 3 WHEREFORE, Petitioner, Harold J. Nelson, llI, respectfully requests that this Honorable Court enter an Order against the Respondent, Linda Nelson, requiring her to immediately provide custody to Petitioner as requested above as well as legal fees and costs of this Petition. Date: April 23, 2003 By: Respectfully submitted, IRWIN, MeKNIGHT & HUGHES Carlisle, Pennsylvania 17013-3222 717-249-2353 Supreme Court I.D. No: 25476 EXHIBIT A HAROLD J. NELSON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff LINDA NELSON, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW / & t/3x CIVIL TERM : IN CUSTODY .ORDER OF COURT AND NOW, this day of , 2003, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at ., on the ._ day of 2003 at ~. M. for a Pre-Hearing Custody Conference. At"such Conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. All children age five or-older may also be present at the .conference.- Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court, By: Custody Conciliator 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, Pennsylvania 17013 (717) 249-3166 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 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 bu~siness before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduling conference or hearing. HAROLD J. NELSON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LINDA NELSON, CIVIL TERM Defendant IN CUSTODY ~ r ~,~ ~, ~ .:~ COMPLAINT FOR CUSTODY AND NOW comes the Plaintiff, H~old J. Nelson, ~, by his a~omeys, ~in~Mc~igh~ ~d Hu~es, ~d presents ~e following Complaint for Custody. The Plaintiff is Harold J. Nelson, III, an adult individual residing at 10 Water Road, Dillsburg, Cumberland County, Pennsylvania. 17019. The Defendant is Linda Nelson, an adult individual residing at 16 Longwood Drive, Mechanicsburg, Pennsylvania 17050. The parties are the natural Parents of one (1) minor child, namely Dylan James Nelson, bom February 11, 2000. The Plaintiff desires primary physical custody of the minor child, Dylan James Nelson, and joint legal custody with periods of visitation to Defendant as can be mutually arranged between the parties. o The best interests and permanent welfare of the minor child r~quires that Ne Court grant the Plaintiff's request as set forth above. WHEREFORE, Harold J. Nelson, III, respectfully requests that he be awarded primary physical cUstodY and shared legal ~ustody of i~)ylan James Nelson, as provided herein, with periods of temporary custody to Defendant as provided herein. Date: April 9, 2003 By: Respectfully submitted, IRWIN' MCKNIGHT & HUGHEs --~lar 1S e~re (717) 249-2353 Supreme Court I. D. No. 25476 VERIFICATION The foregoing Complaint for Custody is based upon information which has been gathered by counsel and myself in the preparation of this action. I have head the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18'Pa. C.S.A. Section 4904, relating to unswom falsificatiori to authorities. HAROLD J. NEL-~ON~ l]I- ' Date: April 9, 2003 EXHIBIT B ROGER B. IRWIN MARCUS .4. Mci(NIGHT, Ill JAMES D. HUGHES REBECCA R. HUGHES DOUGLAS G. MILLER LA W OFFICES IRWIN McKNIGHT & HUGHES WEST POMFRET PROFESSIONAL BUILDING 60 WEST POMFRET STREET CARLISLE, PENNSYL YANIA 1701.3-3222 (717) 249-2353 FAX (717) 249-6354 E-MAIL: IMHLA F,"~.~UPERNET. COM HAROLD S. IRWIN (1925-1977) HAROLD S. IRI47N, JR. (1954-1986) IRWlN, IRWI3I & IRWlN (1956-1986) IRWIN, IRWIN & McKNIGHT (1986-1994) IRWIN, MclOVIGHT &HUGHES (1994-) April 10, 2003 VIA FACSIMILE {240-0893) AND REGULAR MAI1, THOMAS S. DIEHL, ESQUIRE ONE WEST HIGH STREET, SUITE 208 P. O. BOX 1290 CARLISLE, PA 17013 FILE COPY .HAROLD J. NELSON~ IH v. LIN'DA NEI,SON 03-1642 Dear Tom: This letter is to confirm that I am representing Harold J. Nelson, III. Enclosed please find a copy of the Custody Petition that I have filed in Cumberland County. We have no objection to the marital issues being litigated in Cumberland County. Please make arrangements for your client to permit Harold to visit with Dylan. We would like to know Dylan's whereabouts and where he is living. My client would also like to attempt marriage counseling with Linda. Please review this with her and call me as soon as possible. Very truly yours, MAM:sls Enclosure cc: Mr. Harold J. Nelson, III & HUGHES Marcus A.~McKni~ _VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. LD J.A~EL~ON, ]I~ ~ HAROLD J. NELSON, III, : IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner V. LINDA NELSON, Defendant/Respondent : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2003,1462 CIVIL TERM IN CUSTODY CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Petition for Special Relief was served upon the following by depositing a tree and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: Thomas S. Diehl, Esquire One West High Street, Suite 208 P. O. Box 1290 Carlisle, PA 17013 Date: April 23, 2003 By: IRWIN, Mc~IGHT & HUGHES arcus~. McKnig~} III, Esquire 60 WesttPomfret Stre~dt Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 5 JOHN KIDMAN, : Plaintiff : VS. : JOANNE KIDMAN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 03-1462 CIVIL CIVIL ACTION - LAW IN DIVORCE ANSWER TO DIVORCE COMPLAINT WITH COUI~TERCLAIi2 AND NOW, comes Joanne Kidman, by and through her attorneys, The Law Offices of Patrick F. Lauer, Jr., L.L.C., and files the following Answer to the Divorce Complaint: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. a) Admitted. 10. 11. COUIIT III - ALIMONY 12. Answers to Paragraphs 1 referenced. 13. Plaintiff has sufficient COUNT I - DIVORCE 11 incorporated and hereby funds, and the Defendant is in b) Admitted. Admitted. Admitted. COUNT II - EOUITABLE DISTRIBUTION Admitted. Admitted. need of Alimony. WHEREFORE, Defendant requests the Court to order Plaintiff pay Alimony unto the Defendant. COUNT IV - COUNSEL FEES 14. Answers to Paragraphs 1 - 13 incorporated and hereby referenced. 15. Defendant does not have sufficient funds in order to defend the Divorce Action and therefore requests the Court to direct that she be reimbursed counsel fees. WHEREFORE, Defendant requests the Court to direct the Plaintiff to pay the counsel fees of the Defendant. Respectfully submitted, squire Law Offices of Patrick F. Lauer, L.L.C. Date: Jr., 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 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. JO~uN-NE KIDMAN% ' JOHN KIDMAN, JOANNE KIDMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03.-1462 : IN DIVORCE Defendant : AI~'FIDAVIT OF CONSENT 2003. A complaint in divorce under § 3301(c) of the Divorce Code was filed on March 31, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety 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 tn:e true 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. Date: Johfi Kidman, Plaintiff JOHN KIDMAN, JOANNE KIDMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-1462 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. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or exp~nses if I do not claim them before a divorce is granted. 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 affidavit are tree 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. Date:. JOHN KIDMAN, JOANNE KIDMAN, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03--1462 : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF TH ~: DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is wanted. 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 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 unswom falsification to authorities. Date: JOHN KIDMAN, JOANNE KIDMAN, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03--1462 IN DIVORCE AFFIDAVIT OF CONSENT 2003. A complaint in divorce under § 3301(c) of' the Divorce Code was filed on March 31, 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Compla/nt. 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 1 ' to authorities. 8 Pa.C.S. § 4904 relating to unswom falsification Date: JOHN' KIDMAN, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-1462 : IN DIVORCE .. PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: A__.pril 12~ 2003, by Certified Mail~ Restricted Deliver . 3. (Complete either paragraph (a) or (b).). a. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: April 21, 2004, by plaintiff on; April 2, 2,1)04, by defendant 4. Related claims pending: .NONE 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: N/A (b) Date plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: April 21, 2004 Date defendant's Waiver of Notice in Section 3301 (c) Divorce was filed with the Prothonotary: April 21, 2004 Date:- t~/:~t/0~ ~ ~ff~ j:l~.x._~ Austin F. GrogS, ESQ,~ ~lttorney for Plaiutiff { I Pa. Supreme Ct. No. 59tI2~J IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF ~~~ ]PENNA. VERSUS JOANNE KIDMAN, Defendant DECREE IN DIVORCE AND NOW,_~_~ ,~, IT IS ORDERED AND DECREED THAT JOHN KIDMAN ., PLAINTIFF, AND JOANNE KIDMAN DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLArMS WHICH HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YEt BEEN ENTERED; NONE ATTEST: PROTHONOTARY