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Home My WebLink About00-07845 r_ MAR 2 1 zootIfJ LISA M. ADDINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN 1. ADDINGTON, Defendant NO. 00 - 7845 CIVIL IN CUSTODY COURT ORDER AND NOW, this ~day of March, 2001, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Lisa M. Addington, and the Father, Kevin 1. Addington, shall enjoy shared legal custody of Jessica 1. Addington, born August 9, 1996. 2. The parties shall also enjoy shared physical custody of the minor child. The physical custody schedule shall be handled as follows: A. Father shall have physical custody every weekend from Friday at 6:00 p.m. until Monday morning when Father shall deliver the child to daycare or school. B. Father shall also have custody of the minor child on alternating Wednesday evenings from 6:00 p.m. on Wednesday until Thursday morning when the child shall be delivered to daycare or school. 3. The parties may modifY the above custody schedule as they agree. However, absent an agreement, this schedule shall control. 4. Each party shall be able to enjoy their vacation from work with the minor child. The parties shall notifY the other parent at least thirty (30) days in advance as to when they intend to exercise vacation time. There shall be no restriction on vacation with respect to removing the child from the Commonwealth for a family trip or other event. The parties shall keep the other parent advised with respect to where the child will be located in the event of any out of the area overnight trips. 5. Both parents shall enjoy reasonable telephone contact with the minor child when the child is in the custody of the other parent. ~: '<" - ,~ , r - -'-'1 +."" - -~,-- - "-l"~"- .." '?' - ,<' ""__ '.0'\_ -x,,, . ~"__ . , . -' 6. The Christmas holiday shall be handled with the parties alternating Christmas between two segments: the first segment shall be Christmas Eve at Noon until Christmas Day at Noon and the second segment shall be Christmas Day at Noon until December 26th at Noon. Unless the parties agree to the contrary, the Mother shall have the first segment in 2001 with the Father having the second segment in 2001, with the parties alternating thereafter. 7. In the event a custodial parent must be absent from providing care for the child for work or other reasons for a timeframe of at least three (3) hours or more, the custodial parent shall contact the non-custodial parent and offer the non-custodial parent the first opportunity to provide care for the child during the custodial parent's absence. 8. This Order is entered pursuant to an agreement reached by the parties at a Custody Conciliation Conference. In the event either party desires to modify this Order, that party may petition the court to have the case again scheduled with the Custody Conciliator. J. / cc: Carol J. Lindsay, Esquire Thomas J. Williams, Esquire t~ o~;t~\ 'K __,_," -"" _',,:'_0 '''~._'___:-o'<--_''''':':':-::'''-:'-r'''--c--- . ''''. --j,_.," .~--, . - ., ,,' !J' . ~ '~jjil~'~~~~~i~_it.."'lll~~~~lhiIMlil '(jJ e,: . '...-', " }, !fD:,(\;:I:~~~~, , '-, ",.lJFJ1f U"'/ .'.~ I.;I'"?,, '''l! .0 )', 11i'1 9: ir;, " CJ ~1!Ar..: ~-,"', ..I,.,t,,,I'f'" .., l'" P&\jiVS);LJ~J:OUNTY vilN/,t>, ,- .,",,,,,"..'.".', -~~.",~, --~,~ .~~> -, .. .-." .- , I .FE . LISA M. ADDINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW KEVIN L. ADDINGTON, Defendant NO. 00 - 7845 CIVIL IN CUSTODY Prior Judge: CONCILIATION CONFERENCE SUMMARY REPORT IN ACCORDANCE WITH THE CUMBERLAND COUNTY CIVIL RULE OF PROCEDURE 1915 .3-8(b), the undersigned Custody Conciliator submits the following report: I. The pertinent information pertaining to the child who is the subject of this litigation is as follows: Jessica I. Addington, born August 9, 1996. 2. A Conciliation Conference was held on March 15,2001, with the following individuals in attendance: The Mother, Lisa M. Addington, with her counsel, Carol J. Lindsay, Esquire; and the Father, Kevin L. Addington, with his counsel, Thomas 1. Williams, Esquire. 3. The parties agree to the entry of an order in the form as attached. -gJ j Crl DA ;~,...,--" ,-, ~'_'-~c,,~,,'n~' ~", i"r_".,---' 'c" ''1 ~ .", ,".- .,'.", . " - ~ ^ ~_" 7 _ ~,~ . - ~,--- . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "' .. . . . . ~ ~ ~ ~ ~ ~ ~ ~ ~ ~~~~ ~ ~ ~ .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF LISA M. ADDINGTON PENNA. No. :;>nnn-7R4t; r;";l 'l'pym Plaintiff VERSUS KEVIN L. ADDINGTON Defendant AND NOW, PECREED THAT AND IN DIVORCE DECREE IN DIVORCE ~cJ;(7 oJ;-/. ')o,.~ . , dOl; , IT IS ORDERED AND LISA M. ADDINGTON , PLAINTIFF, KEVIN L. ADDINGTON , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE ElEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NONE. Th~ r~rm~ of rh~ M~rir~l S~rrl~m~nr Agr~Am~nr of Decree in Divorce. January 30, 2002 are incorporat t not merged into this . .~ ;~! By AmST'~~ PROTHONOTARY . . . ~'" ~ ~'" . .. . . . ,. , -~, . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . ~' " l~il.illliln~'-" - "".."""~""''>-.~'.;.;''''''~ ,-- )lj~llli-iiiO~ ~~R!~liiiNii ~ 1II~-' ..""..~-""" '"*'''-..i>..<l. -'- ......_':' ~ ~ 7 J 7.{);:2, "7 J7~d tJ i"l'i ,..:..i/'$ 4 ~, \1flzV #J# $ Pf .J~ r F:\FILES\DA T AFU.EIGcndoc_cur\ 1 0242-msa-1 CTWcd: 09I191Gl 10:11:54 AM Recliscd: OII3OJ0201l;27:52AM b1J. 7S-'f'6' MARlTAL SETTLEMENT AGREEMENT. This Agreement, made this)"' I J;. day of ,~r-' 2002, by and between KEVJN L. ADDINGTON of 12 West Big Spring, #2, ewville, Pennsylvania, (heremafter referred to as "Husband") and LISA M. ADDINGTON of 24 Rabbit Lane, Newville, Pennsylvania (hereinafter referred to as "Wife"). WHEREAS, the parties hereto are Husband and Wife, having been married on October 7, 1995 in Cumberland County, Pennsylvania and are the parents of Jessica 1. Addington born August, 9,1996; and WHEREAS, difficulties have arisen between the parties as a result of which they separated on November I 1,2000, and now desire to live separate and apart and by this Agreement, to settle all financial and property rights between them; and WHEREAS, this Agreement is being made in settlement of a divorce action filed at 00-7845 in Cumberland County, Pennsylvania, Court of Common Pleas; and WHEREAS, Husband and Wife declare that each has had full and fair opportunity to obtain independent legal advice of counsel of their selection, and that before signing this Agreement, each has either been fully advised by counsel of their rights and obligations under the law and this Agreement, or else have waived their right to legal advice. Each party hereby confirms that he or she has read carefully and fully understands the terms, conditions and provisions of this Agreement and believes same to be fair, just, adequate and reasonable under the existing facts and circumstances. The parties further declare that each is executing the Agreement freely and voluntarily, and not as a result of any fraud, coercion, duress, undue influence or collusion; and WHEREAS, Husband and Wife respectively acknowledge that before signing this Agreement they have been fully advised by their respective counsel of their rights and obligations, have read carefully and understand the terms of this Agreement, and have freely consented to this Agreement, believing it to be fair, just and equitable; and WHEREAS, Husband and Wife are satisfied that they understand the value and extent of all property which would be considered "marital property" under the Pennsylvania Divorce Reform Act, whether titled or owned separately or jointly as well as the value and extent of nonmarital property held or expected to be held by each other. _i. _ ,~. < -< - .'" ,- ~ . ......~~~ NOW, THEREFORE, in consideration of the mutual promises and undertakings set forth herein and intending to be legally bound hereby, the parties hereto do hereby agree as follows: I. SEPARATION: Husband and Wife shall be free from constraint or control by the other as fully as ifhe or she were unmarried. Neither shall disturb, trouble and interfere in any way with the other or with any person for associating with the other. 2. RELEASE: Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does remise, release, quit claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity, of whatsoever kind or nature, for or because of any matter or thing done, admitted or suffered to be done by said other party prior to and including the date hereof; further, the parties acknowledge that all rights under the Pennsylvania Divorce Code that are not specifically incorporated herein are hereby expressly waived. Notwithstanding the foregoing language ofthis paragraph, this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any causes of action in absolute divorce which either party may have against the other. 3, DIVORCE: Both parties agree to conclude a no-fault divorce under Section 3301(c) of the Pennsylvania Divorce Code and, in connection therewith, to execute and acknowledge whatever consents or other documents that are necessary to accomplish this forthwith or as soon hereafter as permitted by applicable law. The tenus of this Agreement shall be incorporated but not merged into any Divorce Decree which may be entered with respect to the parties, and the court shall retain continuing jurisdiction over the parties and the subject matter of this Agreement for the purpose of enforcement of any of the provisions hereof. 2 "':11011 ',~' ~- c~_~~,_ I , ~ 4. DEBTS: Husband shall be responsible for his school loans, and a credit card bill that exceeds $7,000,00. Husband agrees to indemnifY, defend and hold Wife harmless from any claim with respect thereto. The parties shall divide equally the outstanding bill to Chambersburg Hospital with regard to the parties' daughter, Jessica. Each party shall be solely responsible for their half of the outstanding bill to Chambersburg Hospital and agree to indemnifY, defend and hold the other party harmless from any claim with respect to their portion due. Husband shall make arrangements directly with Chambersburg Hospital regarding repayment of his share of the bill. Both parties agree that, in the future, neither shall cause or permit to be charged to or against the other any purchase or purchases which either of them may hereafter make and shall not hereafter create any engagements, debts or obligations in the name of or against each other. Except as specifically provided herein, each agrees to hold the other free and harmless from any and all debts and other obligations specifically undertaken herein, or which he or she may have incurred since the date of the separation, and agrees to indemnifY and defend the other party from any claim regarding same. Each party shall be solely responsible for any obligation in his or her own name individually, and agree to indemnifY, defend and hold the other party harmless from any claim with respect thereto. 5. PERSONAL PROPERTY: A. AUTOMOBILES: I. Wife shall keep the vehicle currently in her possession which is titled injoint names and will be transferred solely to Wife as soon as the title is available to do so. Husband shall complete the paperwork necessary to transfer title to Wife, which would include a Power of Attorney for Wife to use in the transfer of the title to her solely when the vehicle is paid off. Wife shall be solely responsible for any debts pertaining to said vehicle, and agrees to indemnifY, defend and hold Husband harmless from any claim with respect thereto, 3 '~'~-,_"!"!!"?I"!~ . r~~~ . , , ' 2. Husband shall keep the vehicle currently in his possession which is titled in joint names and will be transferred solely to Husband as soon as the title is available to do so. Husband shall be solely responsible for the Waypoint Loan, Number 6851000284, which was used to payoff his vehicle, and agrees to indemnify, defend and hold Wife harmless from any claim with respect thereto. B. OTHER PERSONAL PROPERTY: The parties have heretofore divided the property, both real and personal, which they owned either together or separately and such division and apportionment is hereby confIrmed. 6. MARITAL RESIDENCE: Concurrent with the execution of this Agreement, Husband will execute a deed transferring all of his right, title and interest of the marital residence located at 24 Rabbit Lane, Newville, Cumberland County, Pennsylvania to Wife. 7. RETIREMENT ACCOUNT: Wife shall transfer $20,000.00 to Husband as a roll over from her 401 (K) Plan into an IRA for Husband, and it is intended that there will be no tax consequences for either party. The 401 (K) Plan is qualified under ERISA and the transfer shall occur pursuant to a QualifIed Domestic Relations Order to be prepared by Wife's attorney. 8. DEPENDENCY EXEMPTION: The parties shall alternate the years in which they may claim the dependency exemption for Jessica on their tax returns. Wife shall claim Jessica on the odd numbered years and Husband shall claim Jessica on the even numbered years. 9. ENFORCEMENT: Excluding Paragraph 1 of this Agreement, if either party defaults in the due performance of any of the terms, conditions and covenants of this Agreement on his or her part to be performed, the non-defaulting party shall have the right to sue for specifIc performance or damages for the breach of this Agreement, and the defaulting party shall pay the reasonable legal fees for any services 4 \~r~, , ~. , ~" < 1"- r .- rendered by pension the non-defaulting party's attorney in any action or proceeding to cornpel the defaulting party's due performance hereunder as well as costs for bringing the action or proceeding. If either party challenges the validity of this Agreement and the challenge is not successful, the challenging party shall similarly reimburse the defending party for all expenses and losses incurred in the defense. 10. EXECUTION OF DOCUMENTS: The parties agree to execute all documents that are reasonably necessary to effectuate the purpose of this Agreement. In the event that either party shall refuse or fail to execute and/or acknowledge any such document, then the other party shall have, and is hereby granted, the right and power to appoint one or more times any person or persons of his or her choosing as attorney-in-fact for the other party to so execute and acknowledge such documents. 11. CONTRACT INTERPRETATION: Forpurposes of contract interpretation and for the purpose of resolving any ambiguity herein, Husband and Wife agree that this Agreement was prepared jointly by their respective attorneys. 12. AFTER-ACOUIRED PROPERTY: Each of the parties shall hereafter own and enjoy, independently of any claim or right ofthe other, all items of property, be they real, personal or mixed, tangible or intangible, which is or has been acquired by him or her after the date of separation, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 13. ADDRESS AND TELEPHONE NUMBER OF PARTIES: As long as any obligations remain to be performed pursuant to the provisions of this Agreement, each party shall have the affIrmative obligation to keep the other informed of his or her residence address and telephone number, and shall promptly notify the other in writing of any change of address by giving the new residence address and telephone number. 14. MISCELLANEOUS: A. This Agreement constitutes the entire agreement between the parties, being the fInal and complete settlement of all matters between them and supersedes any prior written or oral 5 ,(~- -",' ~I .- 1"' . agreernents between them respecting the within subject matter. There are no representations, agreements, arrangements or understandings, oral or written, between and among the parties hereto relating to the subject matter of this Agreement which are not fully expressed herein. B. This Agreement may not be amended, modifIed, altered or revoked except in writing executed by both the parties hereto. C. This Agreement may not be assigned by either party without the prior written consent of the other party. D. This Agreement may be executed in multiple counterparts, each of which shall be deemed an original for all purposes, and all of which together shall constitute one and the same instrument. E. This Agreement shall be binding upon the parties hereto, their heirs, executors, administrators and assigns. F. This Agreement shall be interpreted under the laws of the Commonwealth of Pennsylvania in effect as of the execution date of this Agreement. G. Jurisdiction over the parties with regard to any matter covered by this Agreement shall be in Cumberland County, Pennsylvania. Any reference herein to a court shall be deemed a reference to the Court of Common Pleas of Cumberland County, Pennsylvania. H. The failure to strictly enforce any part of this Agreement shall not be deemed a waiver thereof, and a waiver of any part of this Agreement shall not be deemed a waiver of any other part of this Agreement. 1. All payments or communications pertaining to matters provided for in this Agreement may be made or given if delivered or mailed to a party, at such address as either party shall designate to the other in writing from time to time, or, if no such designation is made, then to the address as set forth above. J. Titles are for convenience and ease of reference only and are not to be considered part oLthe Agreement for purposes of interpretation. K. The term of this Agreement shall continue indefInitely from the effective date hereof and shall, to the extent possible, survive any future reconciliation of the parties unless they specifIcally provide otherwise in writing. 6 --.=-","~ - ~-".~ ~ - 'nT' -~,-- -', I, , ~ . . . IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year fIrst above written, intending to be legally bound hereby. Wi:s: / I hu">{k,- tt;dL~ ~ /~~ t. tlk+- Kevin L. Addington :;,. 1l!~ . .~"- ~, isa M. Addington 0 COUNTY OF GwJp~ COMMONWEALTH OF PENNSYL VANIA ) ): ss. ) On this, the 30.;/1 day of ~ ,2002, before me, the undersigned officer, personally appeared Kevin L. Addington kf!;;n to ~e (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offIcial seaL NOTARIAL SEAL ~ 0 ~ TRICIA D. ECKENROAD. Notary Public - U EAL) Carlisle Bora.. Cumberland County M ~ . 1117:.. !t'P~.(' ~ COMMONWEALTH OF PENNSYLVANIA ) rI . r d ): ss. COUNTY OF VLn\..b.c"Ll.....lt ~~. ) On this, the /1..J-tay of ~ . , 2002, before me, the undersigned offIcer, personally appeared Lisa M. Addington, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offIcial seaL ~~&~Vd~~) NOTARIAl. SEAl. MERLENE J. MARHEVI<A. NOTARY PUBUC ! CARLISle, CUMllERLAND CDUKTY, PA ! 4' COMMISSION EXPIRES JUNE 8, 2002 7 f~~, ~ ", ., . . ,~ ~ c,_ I""' '~" ,""," ..,~"""'~""~-"'''"- ,. .~ o ;r; IF ~'~c f;~ f!~? ;? =:;1 , ., ~"" :,J C::> O~ *-_""~, ~ .;-"".__! c::) t'0 ~;.z (:J 2:::- ;. ~) _,;'~ t, ) i-~; I; .~i ;~W""""l ~~r_..,""~~~~~'"II-'F.!W'i~~<>I'>\f~llljlli'i!I!j!'VK0'!~~ifflIlli~~~ttV,",>jlj.("'!V""f;-U!~:t'l1'""';j,":,f:iG'i:t",qJ:;,l"J'.tV;>_"?__'>7~~;~._-fi<,\!'---~l!r,",,lf.'i~m.-ffi'!'i'w-"W:l'~1I!':'cW,~;jJ'j.-l~!}'-''',I!W~' vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 2000- 7845 CIVIL TERM CIVIL ACTION - LAW LISA M. ADDINGTON, Plaintiff KEVIN L. ADDINGTON, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: 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) 2291 (8)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: 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: by the Plaintiff: March 25, 2002; by the Defendant April 19,2002 (b) (1) Dato of Olmeution of lho Plaintiff'G affidavit reEjuirod by 8osti0n 2:301 (d) 0f tAo DiVOFGO Ces0: (2) Dolo of sorvieo of lho Plaintiff's affidavit upon tAo Dofcneant: 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: (b) Date Plaintiff's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: April 3, 2002. Date Defendant's Waiver of Notice in 3301 (c) Divorce was filed with the Prothonotary: April 19 , 2992. ~~ Caro J. Lindsay, Attorney f r Plaintiff ';1 ,-= "1 '..' .= '^' Q ;:g~ <n u2 ~~ 2~ '_.~i ~.< ""~",,-,,, c Q , c:.) .k.'" :..') C) ,--' ""'.:-~ ::0 -< 1~."..,..,."" ~ ~"aj1_~,~~~_,~or.-~~IW"~~&"~~~~~~,0I'Jf'\!\;g~'I1""~"''';!0_~rJi!(r.n-!!'",l'~~\;,j''7<;:''''~>J''';1W'~'"''''&i'--IW!I%7'',,*~~'ro~'m!:rr;''\i'~i)'i'~~~iF''!-~I~,,~'J' ~ v HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF LISA M. ADDINGTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ; NO. 00 _1~l() CIVIL TERM : IN DIVORCE KEVIN L. ADDINGTON, Defendant NOTICE 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 in 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 17013. 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 l.~ANNOT AFFORD ONE, GO TO OR TELEPHONI:: THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, pe'Jnsylvania 17013 717-249-3166 '-~f!'!!''1! ,_~ '>"-"<"-"-'" I' '," 1- - ".,.1' . ~,,,~,,>' _, ,., C.".- __ - ,., . LISA M. ADDINGTON, Plaintiff = IN THE COURT OF COMMON PLEAS OF = CUMBERLAND COUNTY, PENNSYLVANIA v. = CIVIL ACTION - LAW : NO. 00. 7S'is' CIVIL TERM = IN DIVORCE KEVIN L. ADDINGTON, Defendant COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301@ OF THE DIVORCE CODE NOW, comes the plaintiff, by his attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Lisa M. Addington, an adult individual residing at 24 Rabbit Lane, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Kevin L. Addington, an adult individual residing at 24 Rabbit Lane, Newville, Cumberland County, Pennsylvania 17241. 3. The plaintiff has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on October 7, 1995, in Mt. Holly Springs, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is 2 ";!1_\ , . ,-' '-", ,,""';\;~_~r:7~ ,'C". _ ,-,. " _:~;I' -- "''''1 'f""-h" .' "C' ~ 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. 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. Section 4904, relating to unsworn falsification to authorities. November 3, 2000 HAROLD S. IRWIN, III Attorney for plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 3 ;'_,"?'nT'~ __ ~;'~_~" _>\_"'?"'_~-"__'''-_~_:''''__' >'o"~'_1 - ~ ~. ,~ '- ~--,~---- __ r'';___ _0,." .~,~~=~~, ~ LISA M. ADDINGTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW KEVIN L. ADDINGTON, Defendant . . : NO. 00 - 1i'f5' CIVIL TERM : IN DIVORCE PLAINTIFF"S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. November s: , 2000 Plaintiff 4 ", "S""'-" '-~-~--'!\-1T_"lt,>c_ <1_:,:'-'--".~~:';!"'''1~~- '-"~;"'_ r.",u _,->. ,-" ,.,"""..,'" .< - ~ ~ T -,-,-, ."~. ~~ '- ~ ~ :\: 1.1) " --. v () ~ '\) ~ ~ (-'i ~ ~ -.::> :).:: "< I'd o ~-= ~- -,...., ~ "._.,_.~ ...-,~ ~<~" ~p ~ ,"~~ll~~~"""_"~.j'I!'ll!'~""l"",ry,,,,,~~Jq. r , ...J ~ ~ 0 a C) c a -11 5:: :::11:: v [I] C) -~ rTI[I! "'"'';: ~ ~::- '" 2."'_.' ' , . I'~~ ZS; I --,'Jrn if.' -, a' :nO -<.Z O(l. ~C] ",:.j J ~o "'" ~r :-i~ _.~ ~. 4(') )>0 (S'n C Z "... '>' =< -~ (:;j ~ '^' o ~ li ( -., ~ 2 ~ ]7'\)=", ~_"!!!!OO. _ ~1lW'l~~"'...,M,llPlj SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W. High Street Carlisle, P A " LISA M. ADDINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 2000- 7845 CIVIL TERM CIVIL ACTION - LAW V5. KEVIN L. ADDINGTON, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under !l3301 (c) of the Divorce Code was filed on November 6, 2000. 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 in 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 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 unsworn falsification to authorities. Date: 3-.;(> S"-G2. 1. ~,.c"."..,'-,_ '~"~_",""__,,,,_,.~;"",..,,,~_",_, _ >1' ," -,,,_'_'_' I. ,"1" ''''''._ . -., .~-~ .~-, - ~ . . m ~I,~~ llllJ ~. ~ .. I , ~y-'"< g <:::) 0 N " ;s;: "" +.-{ -nro " .;t.li ~g) =-" , I ""r'fTl m~ .-i"iO w 56 -<.L_ -ct ,<0 ...", -"-""'\1 .,l.._ -n. ~O ::J: C')CS -;:--.. "' C' 'f? Om 5>c -'4 ~ w ?P f" '< .,~~I;?~~~MfI'!~~, .."""",!. vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO 2000- 7845 CIVIL TERM : CIVIL ACTION - LAW LISA M. ADDINGTON, Plaintiff KEVIN L. ADDINGTON, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under !5l3301 (c) of the Divorce Code was filed on November 6, 2000. 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 in 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 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 unsworn falsification to authorities. /LL~ Kevin L. Addington, Defendant Date: LJ -/O-()2- ~~~ ^" T' .- .'1 , ",. , :1 'i i',~_ () 0 0 C N " <: :J> -offi -0 film :;;0 !J 2TJ ~I~-~:" T!fTi .,'-~~ :"-~, 1.0 +j-.....' -(L ,"', , !;=Cl *"lJ ~~~ ..:;:; -~ .)- ,-, z;o..{ :s:;:...._i ~ c w C:Y" :s -, >' =< ::0 .!~ -( iECEIVr::t APR 15 2002 "II nt/v"" ~ " ilI"~ [_~ _.__~l'IlII~~_~~~'\Iil_~~l!:Il!Ijil~ll!'!PJ1!J!'-1<l';':'!U'"JR"'~"""'i'!"''''~'''FFf'lF'~'"''-''''lo''':1W,-":-,,,,~~~1I1J1'''M'!1llijf;l5'1<'J1,,;,,,,,,..;.~'I--.rrl1ll<~'j;'1~:'"',:;J:I'llI!l~$M~ SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT-LAW 26 W. High Street Carlisle, P A II LISA M. ADDINGTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO 2000- 7845 CIVIL TERM CIVIL ACTION - LAW vs. KEVIN L. ADDINGTON, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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 granted. 3. 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 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 unsworn falsification to authorities. Date: J -;;l s:- CJ a ;"S'.-,r,-,'" . - ~^"C~"<r,_'<___'_7';:,- '--.-----~''''_''',";'.o_'I. ,. ,',-. ',' '"~ j- - - ,-~" ~" , . ~,--"' . , e C> 0 N "Tl ;;:: ;!:lo ,,-i -om "'tI ~~:~~ ~;J:: ::u I -nm zr;;. c:.:> ',,:r:;y ~<t'~_, ()C} l;2C) -0 ~.T'i .. -"'1 ~o ::J: 0('5 -c ~ 2m )>c ~ ~ ~ ~ N ^' ~~~, . .~ ~".IP!'1!!"!'~';"~~. "C,"" ~~_~~I ", ' .,.".. _,~ "il!' ~_.,di:lfl!lj;~IOfI~"",~~ ,_,.~o".~ ,. V5. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO 2000- 7845 CIVIL TERM : CIVIL ACTION - LAW LISA M. ADDINGTON, Plaintiff KEVIN L. ADDINGTON, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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 granted. 3. 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 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 unsworn falsification to authorities. /~L~"d'"t Date: '-t-JO-ffl- . '~I 0 C) 0 C 1'-., -oS: ~n :J:>o 0~ mID -0 . rr: Z:r:; ::u 2'1.,_.-" (,'J_"> \D ~;;~. ,e~\ i '-0 .-cC> ~ v T'T" _'2:0 --" :i.':"-.1 -.J_\. '~o 5> C) S~ c: ~5rn z c;:-f :::1 - 55 ~ - -< Ii h II ,I I, II: II! i I' i; I, II! ~ .- ~~".""_.~~~,~l,l/!'Rff.l@f!fW!I~'!'~~ 4"I__!__1~~f1f~""""t""Jj;"?W~W"'I'\in,'O!!",,,~",q~gj'~;'~~l'II,f!~~'F~fl'i!;I;!lflliW'fflJ!i!t.~ir6i'm~~ ii..it HAROLD S. IRWIN, III, ESQUIRE ATTO~EY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243.6090 ATTORNEY FOR PLAINTIFF LISA M. ADDINGTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION. LAW KEVIN L. ADDINGTON, Defendant : NO. 00 . 7845 CIVIL TERM : IN DIVORCE . AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 lIDl1llil NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That a certified copy of the complaint in divorce was served upon the defendant on or about November 14, 2000, by certified mail "restricted delivery", addressed to him at 24 Rabbit Lane, Newville, Pennsylvania 17241 certified mail, return receipt No. Z 338 755 877. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. November 16,2000 Harold S. Irwin, III Attorney for plaintiff ;__',/L",. ,,' ",,_ '~', --~,I .-,<" j,. -'" .c.;m~;1i~ It..m.'; 2:;..r\d.. .... 'do item 4 if Restricted Delivery is desired. . Print your name and address Orl.the reverse $0 that we can return the card "to you. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: x OAQ$\\! Ad D. Is delivery address different from item 11 Yes~-, If YES, enter detivery address below: 'jlfNO, fenver to addresSei:. , ~~ L.. ADD1N0ToN 2.4 RABBIT LAN(;" NEIDUILLB, PA /12-4 .' . , ... -3. Service Type _'If Certified Mail D Express Mail '~ 'd Registered ~eturn Receipt for Merch~i$.e- o Insured Mail 0 C,C.D. Restricted De"very1 (Extra Fee) Yes !: PS Form 102595-99.M-II~ "- "(;j "- <<J - u}i '* "- 0 " I r .0 =~ j ~ fT1 G ~ .~ i ~ If fT1 If ". <lj~ !... .. .f ~ G 11l N ~ f~ ];j I 0 ~ ~ "ll a:.. ~ ... " Ee~~ ~ m :s I:l 0 iOi~ ~ a:~ a: g 11. ')r~ /lJd", '008& WJO:! Sd . -~< . "^ - ~- ~~ ~, - ~ >i;le -... -n , ~ ! ~ ~, I Iii ., , ~, '1~ ~-~ ~!:j ilJ !:i U ~ ~ !.....t[. ~I ~:, ~J '" l'l ~~j ;~i ",' "" h ~; ;,~ ;'1 :'1 ~~,I .! :...,...1.1.' ~'; 1:1' ," "'. \";"~ "~~"",~-"_>o "'" ,"'-' ~ , . " . -,', ~ -, -- <~, l <..,- ~- "-",~ -, .~. l ~~ C___"~__~,.,_ ,_,UJ!R',_~. (") 0 0 C = ....n :S~ Z -;'1"",-. C:::l rTi nS ,,~- Z~J.J :;...::r:;::-- cr.'. (f)t;-"~ -<"" r:;c, "" 2'"c ~ z .. .--0 ,:.::.' :Pc -, ~ .:.n -1:> :0 -< .< 'y_ ''''""",,,"_.,,,.,J! t.' ",!" ,-1__'''',o:c ,,; ,~ _ ,""~,_"""'':''/o:''(''__ ,- ',-~,': In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION LISA M. ADDINGIrn, ) Docket Number 00-7845 CIVIL Plaintiff /Respondent ) VS. ) PACSES Case Number 432103080/D30461 KEVIN L. ADDINGTON, ) Defendant /Petitioner ) Other State ill Number ORDER AND NOW, to wit on this 12TH DAY OF MARCH, 2001 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or Ii) Other ALIMONY PENDENTE LITE filed on FEBRUARY 8, 2001 in the above captioned matter is dismissed without prejudice due to: PARTIES' INCOMES, PARTIES HAVING SHARED CUSTODY OF CHILD, DEFENDANT HAVING THE OBLIGATION OF A HIGH MORTGAGE PAYMENT, DEFENDANT HAVING THE COSTS OF CHILD CARE FOR THE PARTIES CHILD, AND THE COSTS OF MEDICAL INSURANCE. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. " . u~ 0)1) BY THE COURT: ~ Edward E. Guido JUDGE DRa: RJ Sbadday xc: plaintiff defendant Thanas Williams, ESquire Carol Lindsay, Esquire MAILED r?>/cR .N ~ Service Type M Form OE-506 Worker ill 21005 ~., ,~ .OA , '" - . . < '.. " ~ ~-"~""",,l .. .." _.....-.""'i$Ii!lw.._'''''''~,..'''_~I~ ~ I' -, " -~ <<" """",,,, 't. "~:." ','\<,-, nOr. ",e. ,. 0 LJ 0 C n,,__, "J: .::1i: '"'OeD n-lr~ ?,J;o Z:r; ~v " :z::e --,I cn_,' \.0 '. -<2 , , ~c -0 ~-~~i ~-:) ~O 3: gs --0 :J>C J::"" ~ :;:; .{:"" :0 -< " ~" ' __.~~'",' 1"'~~~~<!\I"~1lf"'j,"mN'J~(ii~lI;'~~~'~" ,_~ '~'!i~~~m;~~\IUt'l~~~,,!!,,\F.TI"'~ LISA M. ADDINGTON, Plaintiff/Respondent IN TI:lE COtJRT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE KEVIN L. ADDINGTON, Defendant/Petitioner NO. 00-7845 CIVIL TERM IN DIVORCE DR# 30461 PacseS# 432103080 ORDER OF COURT AND NOW, this 21" day of February, 2001, upon consideration of the attached Petition for Alimony Pendente Lite and/or connsel fees, it is hereby directed that the parties and their respective connse1 appear before R.J. Shaddav on March 12. 2001 at 9:00A.M. for a conference, at 13 N. Hanover St., Carlisle, P A 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be .entered. NOTE: The spousal support conference previously scheduled for 2-27-01 hefore Todd Moul will now he heard hy RJ Shadday on 3-12-01. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as fIled (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.1110 (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mllllcopies llh 2'21~@,1 to:. Petitioner < Respondent Thomas Williams, Esquire Carol Lindsay, Esquire ~ Date of Order: February 21, 2001 YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717)249-3166 :~1':l~'''!L,_ , ~,_ _ _ m ~" ~ r-. ~; ,~"""~~~i!j\li~~-i)k~MMll~:li~i1It1vk!~"",~i,t'~~~iI!io!fi,-M-i1~",E1J-i,;,,.;;i,"~1l.;~!'l<h>itilllli ...., ~"'TI li il":.!l~~,;&~~lllM~~" ""1GiiiIM. I I , (-"- '~'tV ,{"jl U J FE::,:? p; i ~i: r,C1 .,'.... CUr,jk~t:I~:..'j : ,; ,) COUNT'( FENNSYL:\.I~t\Ni/\ ~~~~_" L,,,,_,",,,."_III.DJI1,",,,,,,,,,,_,,~",,,,, d,"","'.-'" _~",,,~,. ,""'"'...-" ,~,,-" ,,,' " _ ,J'.:-n~~~:",_r>':.o:_'_P" ,'~u ,- .~ "_"~ o'~ "~_ . . . LISA M. ADDINGTON, PlaintiffiRespondent DR# 30344 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-7845 CIVIL ACTION - LAW KEVIN L. ADDINGTON, Defendant/Petitioner IN DIVORCE PETITION FOR ALIMONY PENDENT LITE, INTERIM COUNSEL FEES AND EXPENSES AND NOW, comes Petitioner, Kevin L. Addington, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and petitions the Court as follows: 1. Petitioner is the above named Defendant, Kevin L. Addington, an adult individual currently residing at 80 East Main Street, Apt. A., Newville, P A 17241. 2. Respondent is the above named Plaintiff, Lisa M. Addington, an adult individual currently residing at 24 Rabbit Lane, Newville, PA 17241. 3. Petitioner's date of birth is October 14,1973 and his Social Security Number is 564- 31-9425. 4. Respondent's date of birth is October 1, 1965 and her Social Security Number is 163- 52-9499. 5. The divorce action filed to the above docketed number in the Court of Common Pleas of Cumberland County requests a divorce based upon Section 3301 (d) of the Divorce Code. 6. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support himself, pay for attorney's fees or pay for the costs and expenses associated with this action. 7. Respondent has sufficient income and eaming capacity, as well as assets, to support Petitioner or to assist in supporting Petitioner, and to pay alimony pendent lite to Petitioner, as well as assist in paying his counsel fees, costs and expenses. 8. Petitioner previously filed a Claim for alimony, alimony pendent lite, counsel fees and expenses, a copy of which is attached hereto and marked as Exhibit A. ':.'~OOT -~=', T' WHEREFORE, Petitioner requests Your Honorable Court to enter an Order of Alimony Pendent Lite, Interim Counsel Fees and Expenses. MARTSON DEARDORFF WILLIAMS & OTTO By --:' Lc..v 9 Itf,~~ Thomas J. Williams, Esquire Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for DefendantlPetitioner Date: Februaryl,2001 '"fEII!!,,~ _H_' , . ~,~,"1' ,~ , r., r__' f:\F1LES\DAT~0cnd0c.cw'll0:z42-ans.1 tieated: 12/111D@11:08:04PM llcYised:'0I13VOI11::58::z4AM LISA M. ADDINGTON, Plaintift7Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-7845 CIVIL ACTION - LAW KEVIN L. ADDINGTON, Defendant/Petitioner IN DNORCE DEFENDANT'S ANSWER WITH ECONOMIC CLAIMS FOR ALIMONY. ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES AND NOW, comes the Defendant, Kevin L. Addington, by and through his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Admitted. 2. Denied. Defendant is residing at 80 East Main Street, Apt. A, Newville, P A 17241. 3-4 Admitted. 5. No answer is required. 6. Admitted. WHEREFORE, Defendant requests your Honorable Court to enter a divorce pursuant to Section 3301 Cd) of the Divorce Code. DEFENDANT'S CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 7. Paragraphs 1 through 6 hereof are incorporated herein by reference thereto. 8. Defendant requests your Honorable Court to allow alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. DEFENDANT'S CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE , ". .':::-'-'-, "" (,"1"1 ,. 9. Paragraphs I through 8 hereof are incorporated herein by reference thereto. 10. Defendant requests your Honorable Court to allow him alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 of the Pennsylvania Divorce Code. EX~T "A" ~=_:o~~~~~~ WHEREFORE, Defendant requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Awarding alimony as the Court deems just and reasonable; C. Ordering payment of alimony pendente lite, counsel fees and expenses as the Court deems just and reasonable; and D. For such further relief as the Court may detennine equitable and just. MARTSON DEARDORFF WILLIAMS & OTTO BY~ ~ East Hi treet. ."'-' Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Date: February l2001 I , , I I I. I , I I I I, " : ~ :::1~~JIM!l VERIFICATION I, Thomas J. Williams, Esquire, counsel for Kevin L. Addington depose and say, subject to the penalties of18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on his behalf, and that I will supplement this Verification in the near future with one executed by my client. Date: February 7, 2001 J~~~M~'- omas. I lams, s ,-'''' ~ ~- ,-. ~, " ,~ .~ , , , CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson DeardorfIWilliams & Otto, hereby certify that a copy of the foregoing Answer with Economic Claims was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Dated: February L 2001 Harold S. Irwin, III, Esquire 35 East High Street, Suite 201 Carlisle, PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO ~.~...( n ia D. Eckenroad Ten East High Street Carlisle, PA 17013 (717) 243-3341 VERIFICATION I, Thomas J. Williams, Esquire, counsel for Defendant/Petitioner Kevin L. Addington depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this VerifIcation on his behalf, and that I will supplement this VerifIcation in the near future with one executed by my client. -I 'L~ J w;4"---,,- Thomas J. Williams, Esquire Date: February 7, 2001 '-'1, I' ., ! ~~ - '. CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition was served this date by depositing same in the Post OffIce at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 35 East High Street, Suite 201 Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO ncia D. Eckenroad East High Street Carlisle, P A 17013 (717) 243-3341 Dated: February L, 2001 ~\j-, ""'~ ~-'~ '''~I '" '-. .~ "c...' "_.0' ~. > . !!r:".,~ ','l".' , _ .'1',""='-" .' '.,"'Cr- ll!!" ~~ ~ . ~". ',"",<,"-~, '," ~~,o_ () ~ -uet S2 ~~J LC- (J:>-CC ~c) ~~~ z ::2 =.~ ~_~~_N, ,.., CJ .." r'i .;:n I CO Q " :~ h1 ~ ~~ _ih " ,-;:;:;' )~f~ '---': '''' ~> -,., =< ~~~~~W~~"'~fM'~~~IIJl~~:Ql1I~4>A .,.,"; F:\FILES\DA TAFILE\Gendoc.cunl 0242-pra.2/tde Created: 02113/01 03:15:38 PM Revi,sed: 02/15/01,lO:27:15AM LISA M. ADDINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV AN1A v. NO. 00-7845 CIVIL ACTION LAW KEVIN L. ADDINGTON, Defendant IN CUSTODY PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTSON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Kevin L. Addington in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO r(~ v.:Jl ~ By Thomas J. Willi Ten East High Street Carlisle,PA 17013 (717) 243-3341 Attorneys for Defendant Kevin L. Addington Dated: February 14,2001 ,. .. , >n rn ~ .~ I '"""I CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, fIrst class mail, postage prepaid, addressed as follows: Harold S. Irwin, 1lI, Esquire 35 East High Street, Suite 201 Carlisle, P A 17013 Carol J. Lindsay, Esqnire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO ~"i&.g.f4MJ Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 14, 2001 ,~~.~, - -." ," ~~ .~ ~'-. ,. . ~-." ,>11"1 {d!':'Y~~ "-i,",~M~~."~ c"",),..c1\.~.IJ rlll!l1 , Q~ 1~~!L~;' ,1',0::,: ()'i~ t~~) " 1.' G !}~) ~ "- <,.-., -~, ~~t~ill~"ll!!li,&~ire~liif * '''", ~~" ,- 0, 0-.,.,/ '- ,:0.. ~~. ,,-"" ;-:5~ -~,,~.~ '-,---)<-~ --"t,::;)" .::-;~'S:::! ._~ G". '--:-d';;:::- .!;';:2! ~,9 !1} ;j} <v -:"i-.. Q-: \i.:) ~"~:__"_"'_-~C"-y_ ,.-}1,' " ",,,',t,n,, ~- ,,- ,-~ --, " '--." -~ lliitkl r1'~'.Ul ' .", ... .", .'1 ~ F:\FILES\DATAFILE\Gendoc.cur\I0242-pra,l/tde Created: 12/11tOOI2:08:04PM Revised: p1l30/0109:41:24AM LISA M. ADDINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 00-7845 CIVIL ACTION - LAW KEVIN L. ADDINGTON, Defendant IN DIVORCE PRAECIPE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Enter the appearance of MARTS ON DEARDORFF WILLIAMS & OTTO on behalf of Defendant Kevin Addington in the above matter. MARTSON DEARDORFF WILLIAMS & OTTO By I k~? w.J.l.~ Thomas J. Williams, Esquire Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Defendant Date: zh /0/ _;~~:r _ .",~ ; -~ f'~. - , .~ CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 35 East High Street, Snite 201 Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO ncia D. Eckenroad Ten East High Street Carlisle, P A 17013 (717) 243-3341 Dated: .:< h /0 I :--,'~i9;:~ -' ! ,~ - I ,- r~' ~, -~ """"""~ ik ~ . . ...~.. , .--~ ,,' _._~~ ~ I . -->.<-~P " I~, _.~J ~!iiJ!)ll!i!~!(!1r,m:~_,,,....~,,,,..ft\m~ " \) c: -0['0 rnr0 2=:n "7'1--- 05>. -<~-. C::C -- ~~8 5"c z :<! '---lr:llllj gilD ijlUfi:nrn1 c; ,~ ....l -Tl ;1l OJ I CD f;O;~ , -> -,~:~:~ ~j;? ~ ~~ :0 -< .,---.,. ::r: 0:> ~."...,~",[AJIIIi!!IQ"IlI""t", r-_:'" '_' ,,,",yc:-,,' F:\FILES\DA TAFILE\Gendoc.cur\10242-ans.1 Created: 12111/0012:08:04PM Revis!;d: 01131101 1'1:58:24 AM LISA M. ADDINGTON, Plaintiffi'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-7845 CIVIL ACTION - LAW KEVIN L. ADDINGTON, DefendantJPetitioner IN DIVORCE DEFENDANT'S ANSWER WITH ECONOMIC CLAIMS FOR ALIMONY, ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES AND NOW, comes the Defendant, Kevin L. Addington, by and through his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO, and avers as follows: 1. Admitted. 2. Denied. Defendant is residing at 80 East Main Street, Apt. A, Newville, PA 17241. 3-4 Admitted. 5. No answer is required. 6. Admitted. WHEREFORE, Defendant requests your Honorable Court to enter a divorce pursuant to Section 3301 (d) ofthe Divorce Code. DEFENDANT'S CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 7. Paragraphs 1 through 6 hereof are incorporated herein by reference thereto. 8. Defendant requests your Honorable Court to allow alimony as it deems reasonable pursuant to Section 3701 of the Pennsylvania Divorce Code. DEFENDANT'S CLAIM FOR ALIMONY PENDENTE LITE. COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 9. Paragraphs 1 through 8 hereof are incorporated herein by reference thereto. 10. Defendant requests your Honorable Court to allow him alimony pendente lite, reasonable counsel fees and expenses pursuant to Section 3702 ofthe Pennsylvania Divorce Code. i'V;'; ~.. _, " I ~ - o ~ WHEREFORE, Defendant requests the Court to enter a Decree: A. Dissolving the marriage between Plaintiff and Defendant; B. Awarding alimony as the Court deems just and reasonable; C. Ordering payment of alimony pendente lite, counsel fees and expenses as the Court deems just and reasonable; and D. For such further relief as the Court may determine equitable and just. MARTSON DEARDORFF WILLIAMS & OTTO By 'T ~ ItvJL--. Thomas J. Wll s, Esqmre Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Defendant Date: February l2001 ,':0, ,-" .'.""" " - -~ .,- <'1---" 'i ", VERIFICATION I, Thomas J. Williams, Esquire, counsel for Kevin L. Addington depose and say, subject to the penalties of 18 Pa. C.S.A. Section 4904, that the facts set forth in the foregoing pleading are true and correct to the best of my knowledge; that my client is presently unavailable; that I am authorized to execute this Verification on his behalf, and that I will supplement this Verification in the near future with one executed by my client. TL ~~ - Thomas J. Willi , Esquire Date: February 7, 2001 '~7 ." '," '"" , ~"I ,="""" CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Answer with Economic Claims was served this date by depositing same in the Post OffIce at Carlisle, P A, fIrst class mail, postage prepaid, addressed as follows: Harold S. Irwin, ill, Esquire 35 East High Street, Suite 201 Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO ~~!:} qlfi4~ Ten East HIgh Street Carlisle, PA 17013 (717) 243-3341 Dated: February 1-,2001 ,":~r.~, 'I ~'f'!' , . ',,-.-' ~I'!II"-.....\ ~ ~''1'''''''''' .,.-. _"'F". l(~ ." r~"~" ',' ~" -",. ~ .-. ....., ulllliJillifli 'w. n CJ C) C ~Tl ::~ ..." -0 U. fl' nl ri-', t."JJ '-r~ 2: :T1 ,.- Z '~' I (f) CO -< C; '. ; ~ C.: ?s: ,-, >:-:: ~;"; :c;: 0 C~~ ~~; "-'"---. ~:; ::3. '0 :'D -~ .. =,."~"",_,,,~;I!WJi>'IWAA:&<:'J!!'l!f~'i"'W(!1!1'i~~~~~". ~, -",p- '>>, :J SAlOIS SHUFF, FLOWER & LINDSAY ATfORNEYS-AT-LAW 26 w. High Street Carlisle, P A " LISA M. ADDINGTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA V5. : NO 2000- 7845 CIVIL TERM : CIVIL ACTION - LAW KEVIN L. ADDINGTON, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on November 6, 2000. 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 in 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 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 unsworn falsification to authorities. Date: ~-//-O';{ ~:'__cr._",~___ .,.. -_O~'''._"l?'!I._",_,,,", .""'=_~_C~I'__~_~"~,'_' "_,,,~O"__'.",__-"vf"',__ ,., _""".,_,~' ._, ,4_ , ,~,"__, , - r~" ^~-, ~'~'-'"' "" ~r 1.1lI01!i"'I'l"~ ~_ ,., .l.~;,r~""'~~_ '. _ .......''''~...-~. ',-. "~ (") S;; "- -ob: n1r.< 2::1" :?r. 05.:1" ;::.:; .;c~: ~-c-) ii;: ZC) )>0 c 2 ~ ~"~ -~ 2 ~ ;b. ;;;0 I - () "T] :.--;-! 3&~' 16 .J-~" !~?l~ :;:;f :55 .", " -.. ~ ~ ::- <::> ~. '" ,~ .,~ " SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AT-LAW 26 W. High Street Carlisle, P A II LISA M. ADDINGTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO 2000- 7845 CIVIL TERM : CIVIL ACTION - LAW V5. KEVIN L. ADDINGTON, Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER !l3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 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 granted. 3. 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 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 unsworn falsification to authorities. Date: ,;(-/1-0.:2 ~ k,"<-,~,~ "",. "<,..,- ~ "'Co "~'_ ,-"!e__ ,-, '_ """ "__"C__ "_"~__",,,,_ ,., _~ e' _~, ~- ",..."...~, J\lI!lfM!l,J..__C"""' ~ ~~IWt~~__, () 0 0 C r,,) "On s: :l!: -OW );0..- ,:;:.",I mal ;;0 'r- Z......J I -'7,'-1'1 z,-- 9 1,J..... 65.?: ':3Q -<L_ 1::;0 ""0 ~-o :z ~~?5 2:0 N ;51'11 >c ., :..... ~ r::- 35 <=> -< 116Z1. ~ ' ~. ~~~!II"~,,, " '. j , , LISA M. ADDINGTON PLAINTIFF V. KEVIN L. ADDINGTON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 00-7845 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this 19th day of January, 2001, upon consideration of the attached Complaint, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4tb Floor, Cumberland County Courthouse, Carlisle on the 15tb day of February, 2001, at 9:30 a.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 defme 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 the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By: Isl The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabi1ites 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 anangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE TIllS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HA VB AN ATTORNEY 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 Telephone (717) 249-3166 ,.,1"1-P~ - ;;1;,';"" ';;"'iMlIiW~i1u~m~!~[ldis!liiillili~iJifu~~i"Jii"f',",-Joijc""",";A_"i"'~'''';~',_J'l!"__"_"hi"->-"--,,,,-,,~~IiliiIiIi6i~~-c<~ll;I4lliW.''''''''''''''~~''';.''-''''''"'--, [lilt I , , I FIU::r'..nCC}"E ~,~ -,-I ,,_ __W .~"'! I."' f ,~ ,_" "" c~,... "" .....'j ; i "--. '"-~<' ,......' LJO'" 'OT;t,R - I 'L',,~' , if" \/ ., '...- I' , OJ ,JAN22 PN I: &4 CUMBERLAND COUNTY PENNSYLVANIA ' /;);;>0/ M ~~zf 4~ /cJ,;>-t?/ ~ ~ Z df- j'().d'O! ,~~ ~ ~~;i-t H,,-, ,",__N""^,,, .=. _~w,_, ~__"",,_,,_--,=__, "._ __".._. _ _ ,_, ""'".~"-^'~~ _~_, _~_~ ,_,,___ _ ___',_ ,,,m.,,_',. . _", . I ._~_ ~ HAROLD S. IRWIN, III, ESQUIRE ATTORNEY 10 NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-8090 ATTORNEY FOR PLAINTIFF LISA M. ADDINGTON, Plaintiff l IN THE COURT OF COMMON PLEAS OF l CUMBERLAND COUNTY, PENNSYLVANIA v. l CIVIL ACTION. LAW KEVIN L. ADDiNGTON, Defendant l NO. 00 . 7845 CIVIL TERM l IN DIVORCE ORDER OF COURT NOW, this day of January, 2001, in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before Hubert X. Gilroy, Esquire, the conciliator, on the 4th Floor, Cumberland County Courthouse, on the day of , 2001, 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. Failure to apppar 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, PA 17013 (717) 249-3166 '~-,~ ~ , . ,-",. ~, ~ I' ~ ~ -.' -- ". ",.-., _'; 1 -, l' " ._,' h ,_<'., ., ,. . " LISA M. ADDINGTON, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW KEVIN L. ADDINGTON, Defendant : NO. 00 - 7845 CIVIL TERM : IN DIVORCE PETITION FOR CUSTODY NOW comes the plaintiff, Lisa M. Addington, by her attorney, Harold S. Irwin, III, Esquire, and presents the following petition for custody, representing as follows: 1. The plaintiff is Lisa M. Addington, an adult individual residing at 24 Rabbit Lane, Newville, Cumberland County, Pennsylvania 17013. 2. The defendant is Kevin L. Addington, an adult individual residing at 80 West Main Street, Apartment 2, Newville, Cumberland County, Pennsylvania 17241. 3. The parties are the parents of a minor daughter, namely Jessica I. Addington (born August 9,1996, age 4 years). 4. The child resided with the parties from the time of her birth until November 11, 2000, when the parties separated. Since that time the child has lived with plaintiff, who has permitted visitation and partial custody of the child by the plaintiff. 5. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff '<1,., t__ ".. -, -,. 1-- ,"],._n ,_ ,~_, ~ - - ", .-,-- ~ ,,1 has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, other than the existing Order filed to this term and number. 6. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. plaintiff believes and therefor avers that the best Interests and permanent welfare of the child require that the parties have joint legal custody of the child, that plaintiff have primary physical custody and that defendant have specified periods of temporary custody and visitation with the child in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, plaintiff respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. HAROLD S. IRWIN, III Attorney for plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court 1.0. No. 29920 January ~, 2001 \"tl ,," -. ' ~ -11'." _ "C- ""'_' ~c"- _ if"" _ '" _',~' _' ." r -~ ,! ,r.., . .' VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. January JL, 2001 ~;,.fIL~ LI ~ M. ADDINGTON - ir,~.:,..",?, ~\~ '.'. _L_,' , ._ - . ''''I'_<-'_-__c,.^~~.~. 'V_'-_~,,~,~,~ .= - ~ ~, ,~. , .~, "~~~~ II!!I!'A{ , 1-, . --~- ~~ I"~-. '-,-""" ,-" <-;"j~f~Fifjrr1'-lil j(' illj'" c' ,,{;.;jf,: ;'{irZ'~-rC h~: h,~~_ ""]_-~= "rn~~_ti1ITr-:'~""rf'Li~'~_ "/i~'n~;'(,Y~'-'J (') ~;.: ~1J I. "j :?:.' -;.0',- f~'~, ". ~~~.;, -=-..-' ~~:j -( '. c:> (') -on r.- .:; :::> (J1 ~"l ~~ -~!;Uf",,_,_""~~~~~I'''-,"~''~__~" ~ I ...._".~~ LISA M. ADDINGTON, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLV ANlA v. NO. 00-7845 CNILACTION LAW KEVIN 1. ADDINGTON, DefendantlPetitioner IN CUSTODY ORDER AND NOW, this _ day of February, 2001, in consideration of the foregoing Petition, it is hereby Ordered that the parties appear in Courtroom No. _ of the Cumberland County Courthouse, Carlisle, Pennsylvania on day of , 2001 at o'clock .m. the N8.:i:~:~:::~:~v~,=:: ::Jf~:~::~:,:i~:~; ~1~Ia~I~~~~:~:~:~~l~ BYT ,J. YiVJ- \ CbM~ ~ ~l ~ ~l)~~ 'i~;;:,!fi~ ~ " -- <,~~ F:\FILES\DA TAFILE\Gendoc.cur\10242-pet.cusltde Created: 01116/01 03:10:52 PM Revised: 02113/01 03:20:42 PM , , I I I ~ LISA M. ADDINGTON, PlaintiffYRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-7845 CIVIL ACTION LAW KEVIN L. ADDINGTON, DefendantJPetitioner IN CUSTODY PETITION FOR SPECIAL RELIEF AND NOW, comes Defendant, Kevin L. Addington (hereinafter "Father"), by and through his attorneys, MARTSONDEARDORFF WILLIAMS & OTTO and petitions the Court as follows: 1. Father and Lisa M. Addington (hereinafter "Mother") are husband and wife and the parents of Jessica 1. Addington (hereinafter "Jessica") born August 9, 1996. 2. Mother and Father separated November 11,2000 following which custody ofJ essica was shared on a 50/50 basis until on or about January 11,2001. 3. Beginning on or about January 11, 2001, Mother refused to allow Father to see the child. 4. It turns out there were sexual abuse allegations made by Jessica against her Father which Father has emphatically denied. The allegations against Father were investigated by the Newville Police Department and Cumberland County Children & Youth Services and were determined to be not credible and unfounded. Both the Newville Police Department and Cumberland County Children & Youth Services have indicated that they have closed their files. S. While Jessica continued to be in the custody of Mother and Mother's family, she has apparently/allegedly continued to make sexual abuse allegations against Father. 6. These allegations of sexual abuse, if actually made by Jessica, are outrageous and untrue. 7. Father has been centrally involved in Jessica's life and would be considered the primary nurturil;lg parent. 8. Mother continues to refuse to allow Father to see Jessica. 9. Father has called Mother's telephone number numerous times to speak to Jessica, but his call is never answered and suspects that Mother has Caller LD. in order to avoid his calls. fi:~ _ . r. ,'A 10. Father believes it is imperative that he maintain a relationship with Jessica and is also imperative that he take Jessica to a qualifIed counselor who may professionally and independently explore the basis of these outrageous and untrue allegations of sexual misconduct on the part of Father. 11. Father has filed this instant Custody Petition; however, a Conciliation Conference is not scheduled until March 15, 2001. 12. Father believes there will be irreparable consequences if he is not permitted to reestablish his relationship with Jessica and start Jessica in counseling on an immediate basis. WHEREFORE, Father respectfully requests Your Honorable Court to issu.e an Interim Custody Order for Jessica, sharing time with both parents, and to order and direct the parents to mutually select a counselor to work with them and with Jessica with regard to the allegations of sexual abuse. Respectfully submitted, MARTSON DEARDORFF WILLIAMS & OTTO By I~~~ vVJ1~ Thomas J. W' r s, Esquire Ten East High Street Carlisle, P A 17013-3093 (717) 243-3341 Attorneys for Defendant Kevin L. Addington Date: February 14, 2001 ,~Hii!l~llt , --I . -~. , -, VERIFICATION The foregoing Petition for Special Relief is based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language ofthe document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verifIcation are made subject to the penalties of18 Pa. C.S. Section 4904 relating to unsworn falsifIcation to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. IL~ Kevin L. Addington F:\FILES\DA T AFILE\Gendoc.cur\ 1 0242-pet.cllS !'"lim~,"^ ,,_ CERTIFICATE OF SERVICE I, Tricia D. Eckemoad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 35 East High Street, Suite 201 Carlisle, P A 17013 Hubert X. Gilroy, Esquire Four North Hanover Street Carlisle, P A 17013 Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LlNDSA Y 26 West High Street Carlisle, PA 17013 MARTS ON DEARDORFF WILLIAMS & OTTO By Tricia D. Eckemoad en East High Street Carlisle, P A 17013 (717) 243-3341 Dated: February 14, 2001 t.:",.. , ,- - , ~ ,.? J] ~'lltllll!'f -~.~~"~.- o-~' -~- "'-"""T'r'~ , ,~,- ^~ . -- - 'b.' "'~ _,-.~,,",,>-, - ,'~,C-;w~'_' ,-, .>>,.-"d',,," ',;;" ~_",-",<,,;,-,,'_~ ,,c. -"~. ~~'._'~-;..,'"~-",. '-""',*, ' C) 0 c: "'~ "1 ~, C~ :::1 rl'l '-'"I r", CQ ~ Z :i: Z f~~ CO () . . ;-.:.J r; .;:.. I CJ C) ~::: :D'" ., ~ C' ~ ~}2~ ~ c }> ~;-~;;-fn C ',-.I Z '0 ~ :::;J :0 r", -< ,~ ti~~_~~ , ~"~~~#\i'!~~'""'""'~"'*~~ww .liJ ,_5B~ ~-~~~ ~ @= ('- f ("-. \:::: -:~1'J!Il~.! _ LISA M. ADDINGTON, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION LAW v. NO. 00-7845 KEVIN L. ADDINGTON, Defendant/Petitioner IN CUSTODY ORDER AND NOW, this _ day of February, 2001, in consideration of the foregoing Petition, it is hereby Ordered that the parties appear in Courtroom No. _ of the Cumberland County Courthouse, Carlisle, Pennsylvania on day of o'clock , 2001 at .m. A copy of this Order and the foregoing Petition for Special Relief shall also be served upon the Newville Police Department and Cumberland County Children & Youth Services. BY THE COURT, , J. -I F:\fILES\DA T AFILB\Gendoc.cur\10242_peLcusltde Created: 01116/01 03:10:52 PM Revised: 02l13/lH 03:20:42 PM l LISA M. ADDINGTON, Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA v. NO. 00-7845 CIVIL ACTION LAW KEVIN L. ADDINGTON, Defendant/Petitioner C) C) ~'~,"~. c;; ? '.-r-\ -c.';;; "...~. .".. rr'li'-'r: ,,-:0 '-: /1 2'"',1 _.,111 PETITION FOR SPECIAL RELIEF t;~, en :~: ':( -....~', -::-J~i"; ~\"'j ~ -0'--1"1 AND NOW, comes Defendant, Kevin L. Addington (hereinafter "Father")~~anO-YrroUi,t'~ his attorneys, MARTS ON DEARDORFF WILLIAMS & OTTO and petitions the &00 as ffillo~ ~ w -< 1. Father and Lisa M. Addington (hereinafter "Mother") are husband and wife and the parents of Jessica 1. Addington (hereinafter "Jessica") born August 9, 1996. 2. Mother and Father separated November 11,2000 following which custody ofJessica was shared on a SO/50 basis until on or about January 11,2001. 3. Beginning on or about January 11, 2001, Mother refused to allow Father to see the IN CUSTODY child. 4. It turns out there were sexual abuse allegations made by Jessica against her Father which Father has emphatically denied. The allegations against Father were investigated by the Newville Police Department and Cumberland County Children & Youth Services and were determined to be not credible and unfounded. Both the Newville Police Department and Cumberland County Children & Youth Services have indicated that they have closed their fIles. 5. While Jessica continued to be in the custody of Mother and Mother's family, she has apparently/allegedly continued to make sexual abuse allegations against Father. 6. These allegations of sexual abuse, if actually made by Jessica, are outrageous and untrue. 7. Father has been centrally involved in Jessica's life and would be considered the primary nurturiIJ.g parent. 8. Mother continues to refuse to allow Father to see Jessica. 9. Father has called Mother's telephone number numerous times to speak to Jessica, but his call is never answered and suspects that Mother has Caller I.D. in order to avoid his calls. ,0!~ ~',.."r"~' "'""""f -,. . 10. Father believes it is imperative that he rnaintain a relationship with Jessica and is also imperative that he take Jessica to a qualified counselor who may professionally and independently explore the basis of these outrageous and untrue allegations of sexual misconduct on the part of Father. 11. Father has fIled this instant Custody Petition; however, a Conciliation Conference is not scheduled until March 15,2001. 12. Father believes there will be irreparable consequences if he is not permitted to reestablish his relationship with Jessica and start Jessica in counseling on an immediate basis. WHEREFORE, Father respectfully requests Your Honorable Court to issue an Interim Custody Order for Jessica, sharing time with both parents, and to order and direct the parents to mutually select a counselor to work with them and with Jessica with regard to the allegations of sexual abuse. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO By r!f7~~s~;:~ Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Kevin L. Addington Date: February 14,2001 :"~!~~- , , -~ VERIFICATION The foregoing Petition for Special Reliefis based upon information which has been gathered by my counsel in the preparation ofthe lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verifIcation are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. /~~ {~ Kevin L. Addington F:\FILES\DA TAFlLE\Gendoc.cunl 0242-peLCU9 !i~~ CERTIFICATE OF SERVICE I, Tricia D. Eckemoad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 35 East High Street, Suite 201 Carlisle, P A 17013 Hubert X. Gilroy, Esquire Four North Hanover Street Carlisle, P A 17013 Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, PA 17013 MARTSON DEARDORFF WILLIAMS & OTTO By Tricia D. Eckemoad en East High Street Carlisle, PA 17013 (717) 243-3341 Dated: February 14, 2001 ~ rot < ".'__.J ,..--::::-, I ( ~\ \ 'c' ,/ \~.-!/ '~:-.:>/ "ti~~- ~'llIl'g _. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA CIVIL ACTION LAW LISA M. ADDINGTON, Plaintiff/Respondent v. NO. 00-7845 KEVIN L. ADDINGTON, DefendantJPetitioner IN CUSTODY ORDER AND NOW, this _ day of February, 2001, in consideration of the foregoing Petition, it is hereby Ordered that the parties appear in Courtroom No. _ of the Cumberland County Courthouse, Carlisle, Pennsylvania on _ day of ,2001 at o'clock .m. A copy of this Order and the foregoing Petition for Special Relief shall also be served upon the Newville Police Department and Cumberland County Children & Youth Services. BY THE COURT, ---'~'~-r '-r . , J. F:\FILESIDATAFll.B\Gendoc.cur\I0242-pet.cusltde Created: 01116/01 03:10:52PM Revised: 02/13/01 1J3:20:42 PM LISA M. ADDINGTON, PlaintifflRespondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-7845 CIVIL ACTION LAW KEVIN L. ADDINGTON, DefendantJPetitioner o CJ l"J C ""11 <" ""'In::'; " rTll"~. :-:; "'7" ~'(l,J ~f., PETITION FOR SPECIAL RELIEF e;:iS (/1 ..:-;\3 ~C5 ~ ~~js~ AND NOW, comes Defendant, Kevin L. Addington (hereinafter "Father'~gr anOahro~ his attorneys, MARTSON DEARDORFF WILLIAMS & OTTO and petitions thiC~ ~foll~ =< .~ Xl 1. Father and Lisa M. Addington (hereinafter "Mother'') are husband and wir€ and'the parents ofJessica 1. Addington (hereinafter "Jessica'') born August 9, 1996. 2. Mother and Father separated November 11,2000 following which custody ofJessica was shared on a 50/50 basis until on or about January 11,2001. 3. Beginning on or about January 11, 2001, Mother refused to allow Father to see the IN CUSTODY child. 4. It turns out there were sexual abuse allegations made by Jessica against her Father which Father has emphatically denied. The allegations against Father were investigated by the Newville Police Department and Cumberland County Children & Youth Services and were determined to be not credible and unfounded. Both the Newville Police Department and Cumberland County Children & Youth Services have indicated that they have closed their fIles. 5. While Jessica continued to be in the custody of Mother and Mother's family, she has apparently/allegedly continued to make sexual abuse allegations against Father. 6. These allegations of sexual abuse, if actually made by Jessica, are outrageous and untrue. 7. Father has been centrally involved in Jessica's life and would be considered the primary nurturing parent. 8. Mother continues to refuse to allow Father to see Jessica. 9. Father has called Mother's telephone number numerous times to speak to Jessica, but his call is never answered and suspects that Mother has Caller 1.D. in order to avoid his calls. !"~~ill>"" ^_ JI..~ ,~~, ,~ .~~_ .. . , ~ 0_ 10. Father believes it is imperative that he maintain a relationship with Jessica and is also imperative that he take Jessica to a qualified counselor who may professionally and independently explore the basis of these outrageous and untrue allegations of sexual misconduct on the part of Father. 11. Father has fIled this instant Custody Petition; however, a Conciliation Conference is not scheduled until March 15,2001. 12. Father believes there will be irreparable consequences if he is not permitted to reestablish his relationship with Jessica and start Jessica in counseling on an immediate basis. WHEREFORE, Father respectfully requests Your Honorable Court to issue an Interim Custody Order for Jessica, sharing time with both parents, and to order and direct the parents to mutually select a counselor to work with them and with Jessica with regard to the allegations of sexual abuse. Respectfully submitted, MARTS ON DEARDORFF WILLIAMS & OTTO BYr!~~~s~::~ Ten East High Street Carlisle, PA 17013-3093 (717) 243-3341 Attorneys for Defendant Kevin L. Addington Date: February 14,2001 -;"~L _ < , " ~I ,.,.- ~. ....,~- ~- .. ;,. , VERIFICATION The foregoing Petition for Special Relief is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsifIcation to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. I~~ [~ Kevin L. Addington F:\FILES\DATAFILE\Gendoc.cur\10242_pet_cus ");;1~ - r . CERTIFICATE OF SERVICE 1, Tricia D. Eckenroad, an authorized agent for Martson Deardorff Williams & Otto, hereby certify that a copy of the foregoing Petition for Special Relief was served this date by depositing same in the Post Office at Carlisle, P A, first class mail, postage prepaid, addressed as follows: Harold S. Irwin, III, Esquire 35 East High Street, Suite 201 Carlisle, P A 17013 Hubert X. Gilroy, Esquire Four North Hanover Street Carlisle, P A 17013 Carol J. Lindsay, Esquire SAIDIS, SHUFF, FLOWER & LINDSAY 26 West High Street Carlisle, P A 17013 MARTSON DEARDORFF WILLIAMS & OTTO By Tricia D. Eckenroad en East High Street Carlisle,PA 17013 (717) 243-3341 Dated: February 14,2001 \""''"- ~ , . ,~ ,,,,,, - .. ., F:\FILES\DATAFILE\Gcndoc.cur\10242-qdro.lItde Creat(.d: 12111100 12:08:04 PM Revised: 06f25/0209:54:46AM USA M. ADDINGTON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 00-7845 CIVIL ACTION - LAW KEVIN L. ADDINGTON, Defendant IN DIVORCE STIPULATED QUALIFIED DOMESTIC RELATIONS ORDER WHEREAS, this Court has jurisdiction over Plaintiff and Defendant and the subject matter of this Order; and WHEREAS, Plaintiff, Defendant and the Court intend that this Order shall be a QualifIed Domestic Relations Order (hereinafter referred to as a "QDRO") as defined in section 206( d)(3) of the Employee Retirement Income Security Act of 1974 ("ERISA"); and WHEREAS Plaintiff and Defendant have stipulated that the Court enter this Order. NOW, THEREFORE, IT IS HEREBY ORDERED BY THE COURT as follows: 1. As used in this Order, the following terms shall apply: a. "Participant" shall mean Lisa Marie Addington, whose current address is 24 Rabbit Lane, Newville, PA 17241, and who was bom on October 1, 1965 and whose Social Security Number is 163-52-9499. b. "Alternate Payee" shall mean Kevin Lee Addington, whose current address is 12 West Big Spring Avenue, Apt. #2, Newvilie, FA 17241, and who was born on October 14, 1973, and whose Social Security Number is 564-31- 9425. c. "Plan" shall mean the TYCO INTERNATIONAL (US) INC. RETIREMENT SAVINGS AND INVESTMENT PLAN. d. "Plan Administrator" shall mean RETIREMENT COMMITTEE OF TYCO INTERNATIONAL (US) INC., TYCO INTERNATIONAL (US) INC., P.O. BOX 5035, BOCA RATON, FL 33431-0835. e. "Valuation Date" shall mean November 11,2000. ';"-%",~_.~.,.~~- '.'.' L= 1"- F- . ! ,.~~.~ , . 2. Participant and Alternate Payee were married on October 7,1995 and were legally separated on November 11, 2000. 3. The Alternate Payee's interest in the Plan shall be $20,000.00 determined as of the Valuation Date. 4. The Alternate Payee's interest in the Plan shall be payable to the Alternate Payee in a lump sum. The Alternate Payee shall initiate the distribution in accordance with the terms ofthe Plan and the administrative procedures that have been established by the Plan Administrator. 5. The Alternate Payee has the right to name a benefIciary. In the event that the Alternate Payee dies after the Order has been qualified, either prior to or subsequent to the segregation of assets for the Alternate Payee, the Alternate Payee' s Award will be distributed to the Alternate Payee's benefIciary. If no benefIciary has been appointed, the Alternate Payee's Award will be distributed to the Alternate Payee's estate. 6. The Alternate Payee's Award is entitled to earnings (dividends, interest, gain and losses) from the Valuation Date to the date that the Award is segregated from the Participant's account( s). 7. In the event that there is an outstanding loan balance as of the Valuation Date, the loan balance will not be included for purposes of calculating the account balance to be divided. The Alternate Payee' s Award will be paid from the non-loan assets in the Participant's account( s) on the date that the Award is segregated from the Participant's account( s). 8. The Parties shall cause an original court certified or true copy of this Order to be served on the Plan Administrator's agent, Fidelity Investments Institutional Operations Company, Inc., forthwith. This Order shall remain in effect until further order ofthis Court. 9. Nothing contained in the Order shall be construed to require any Plan or Plan Administrator: a. to provide to the Alternate Payee any type or form of benefIt or option not otherwise available to the Participant under the Plan; b. to provide the Alternate Payee increased benefits (determined on the basis of actuarial value) not available to the Participant; or , "~ "'_._n V' , r .~ ,,~ c. to pay any benefits to the Alternate Payee that are required to be paid to another Alternate Payee under another Order which has been determined to be a QDRO before this Order is determined to be a QDRO. SAY Attorney for Defendant: rfLc; ud~~ Thomas J. Williams, Esquire MARTS ON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, P A 17013 (717) 243-3341 CarolJ. Lin sa SAIDIS, S 26 West' treet Carlisle, PA 17013 (717)243-6222 Dated: 7 {3D!O} , J "^' , - r- , 1" "" ,~ ~~~~Wilil~1jhmThi""MJi:liMI!itr.II;~'Iii'ki'iJlW~~&,~~;",,,,,'y",-,,~"+~';i:,_'"~"C"!'\"'.^ .fu.."''iO'BIToia";'ll,"di<,,;,:j-'''!il<i:lM;f<':;,d~.W~__~.'''''''iM>i~~~~~iif~,,,~,,''d.~,i..........J.."'_~ '~ jj 0" llll "1 t.: ,L. ,). fd"'l B: Il: ~ jt '" 0. , ":,1 lOOl' (; lnr OF FiLE)) Cn'~r~,t:)T/HY C1 lU[~[:C," 1..,' : ,,(':1 i\'T'[' Ul\lJw..~: 1'-'" ......,-"_'1'" PE'III\I"VI \!/,\11/1 " '-'I \-"'1' ,:11' }J ~ ... . . . " _ ~,.. ,~.." ,_ ,J" ~_"' ~ "' '" -. ., ~.