Loading...
HomeMy WebLinkAbout01-04927 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Richard Basom, ~,;_- ,_ Plaintiff VERSUS Edith Basom, Defendant No. ol- `DECREE IN DIVORCE AND NOW, ~~~ ~ '~UO'~,-tT IS ORDERED AND Richard Basom DECREED THAT Edith Basom AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHIGH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; ,/,~,,, ,,~„ ~} None rj1/3 T~"~- 'va'^ ~lN lJ~Y~+ ~C~'Yb C/~ V~'k'" BY P'HEC ATTEST: ~ J, PROTHONOTARY ': w... _. ~o~:~ l,p r rt PRAECIPE TO TRANSMIT RECORD 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) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified Mail, Return Receipt signed by the Defendant on 08-23-01. _ 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 by the Defendant (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301 (d) of the Divorce Code: 08-18-01 (2) Date of service of the Plaintiffs affidavit upon the Defendant: 02-11-02 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: 02-11-02 (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: SAIDIS SHUF$ FLOWER & LINDSAY ATTOR[~YS~AT~WW 26 W. High Stree[ Carlisle, PA the Prothonotary: Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: John . Kope~Calfy, Attor for Plaintiff r; t.i ;• ~ _ ~T LJ ~G~ ~ CO '_: ~ ~J i: ' __ Vi . ..._ i ~ . ca RICHARD BA$OM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA NQ~7 v. NO.DI~ CIVIL TERM EDITH BASOM, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE or visitation of your children. You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody When the ground for the irretrievable breakdown of the marriage counselling. A list available in the Office of the F County Court House, High and Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU HELP. divorce is indignities or marriage, you may request of marriage counselors is rothonotary at the Cumberland Hanover Street, Carlisle, DIVISION OF A DIVORCE OR CLAIM ANY OF ONCE. IF YOU OR TELEPHONE CAN GET LEGAL Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 SAIDIS SHl1FF, FLOWER & LINDSAY Arrouasvs•AT•ww 26 W. High Street Carlisle, PA & LINDSAY J. pew Esquire urt ID # 78014 SAIDIS, Date: ~+a-II6( By: 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff RICHARD BASOM, Plaintiff v. EDITH BASOM, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.D~~NQ Z VIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Richard Basom, who currently resides at 238 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Edith Basom, who currently resides at 102 Knollwood Drive, Carle Place, New York. 3. Plaintiff has been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 9, 1990 in North Carolina. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date: ~I~~IU~ By: Jo na Kopeck Esquire S reme Court I # 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 2 AFFIDAVIT I, Richard Basom, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (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 counselling prior to a divorce decree being handed down by the court. 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. Dated: Clug t'6' ~ b / ~ Richard Basom, Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: /O.u.~i_ ~~ , c.0/ ~..~~-u~.c~ ° Richard Basom, Plaintiff N l3 \ y'~`` cl V 1~ `1 q~ ~ V V /~ (~. ;' 2 -( -[3 E Y ~~ i '~ L~ ~' ~- G- ~_. T~ -. l._: ~.~ `:.i (__ l_ G ) r~ 1•~ ~V -,, n ,i - ~ i ~: V r ;! ,. '.. T4A:tl~'MGNY-0nprs{~,E~ ryff#yy, RICHARD BASOM , Plaintiff vs. EDITH BASOM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01 -4927 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE AND now, this day of 2002, I, JOHNNA J. KOPECKY, Esquire, of the law firm of SAIDIS, SNUFF, FLOWER & LINDSAY, Attorneys, hereby certify that I served the Defendant, EDITH BASOM, on August 23, 2001, with the Complaint in Divorce by Certified Mail, Restricted Deliver, Addressee Only, Return Receipt Requested, addressed to: Edith Basom 102 Knollwood Drive Carlisle, PA 17013 SAIDIS, SNUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By. SAIDIS SIIUFI3 FLOWER & LINDSAY ATrORNCYS•AT•WW 2G W. Nigh Street Carlisle, PA and proof thereof, the signed Return Receipt Card, is attached hereto. I D #,014 r' 26 est High Street Carlisle, PA 17013 (717)243-6222 i} ~ 1"V <~ ~~ ~.» _ Z ~ i 'i, cn_°. ._ _ ' ~ ~-~ _.,. LL; i:.~..~ rLL `~ -J ~.; -4 .J -^: _ r~rx:Y.°lnai'~ RICHARD BASOM , Plaintiff vs. EDITH BASOM, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 01 - 4927 CIVIL TERM IN DIVORCE PROOF OF SERVICE I'ilem 4 if Restrlated Delivery-is desired. ^ Print your name-and address on the reverse .. .. ~1z3~---• ~~ that we can return the card to you: ^ Al~ttach this card to the back of the mailpiece, C. Signature ./dam-/ _ ~ X ~ j Q ' ^ Agent on the front if space permits. ^~•~L U~ ^ Ad _ 1. Article Atldressed to: D. Is delivery atldress different from item If YES, enter delivery adtlress below: 1? ^ Yes ^ No. ~~ ~~ 4p2 ~ L1~lIWC~ck~~lV ~ • a ~ ,~"~ ~~ r " ~ ~ (~~ ~ 3. Service Type ~~ ~ .~ ~ertiFled Mail 1~ F~press Mail Registered ~, i(\eturn Receip t for Merchandise ^ Insured Mail ^ C.O.D. s 4. Restrictetl Delivery? (Exha. Fee)'" '~ 2. Ar€ICle Numb~e-r-7(Co yy /QromC~ervicJQ,~~lebbyLee~ll'J) /!!^ 1 V l '1. ) 'f~` ~~~~~~~ ~ ~ ~i ~ ' iS•a.Ag' ~ _ 4 RBtum Receipt 9a23S6-0PM~aa6Y SAIDIS SHUFF, FLOWER & LINDSAY ATroRI~YS•AT•LAW 26 W. High Stree[ Carlisle, PA RICHARD BASOM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA 7 v. NO.O/-~9°~CIVIL TERM EDITH BASOM, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated in June, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning SAIDIS ' SNUFF, FLOWER & LINDSAY ArroaHevs•Aruw 26 W. High SUeet Carlisle, PA alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 4. 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.C, § 4904 relating to unsworn falsification to authorities. DAT$D : ~ 1 ~ i 01 ~cC~ /~'v/ Richard Basom, Plaintiff ~~ „`, o __ ~~ I:~ir. - ~ i>o cn' . .. ''' '._r.1 .' ___ ~: I -c _- {,~ ,,,.. .. _ ra~iN:ti ;ggea rcx 9^tad ,. .. .~xaiWta....2 S' RICHARD BASOM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. EDITH BASOM, DEFENDANT 01-4927 CIVIL TERM IN RE: PETITION TO DISMISS DIVORCE ACTION ORDER OF COURT AND NOW, this '` ~ sr day of January, 2002, the petition of defendant to dismiss this action for a divorce, IS DENIED. By the Edgar B. Bayley, J. „/Carol J. Lindsay, Esquire For Plaintiff ~dith Basom, Pro se ~ P.O. Box 256 Huntington, NY 11743 R~s 02-0 / -o R :saa 1 ~~-u,~~c~~~r':C~,J ~~. C'i``: ~ .c (.`~ ;,`~ is , r -~ ~liN'J t~i Sf~!'~~d ~~ ~' ~; ii.,^~'s~`.~'~fi~ ,,~~;f1~,.. ~ U ~'~" i ~ '" } :~; u~Gl ~ai4 Y. ~ ~'"-~ RICHARD BASOM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. EDITH BASOM, DEFENDANT 01-4927 CIVIL TERM IN RE• PETITION TO DISMISS DIVORCE ACTION OPINION AND ORDER OF COURT Bayley, J., January 31, 2002:-- Plaintiff, Richard Basom, and defendant, Edith Basom, were married in Durham, North Carolina, on November 9, 1990. They moved to New York in December, 1998. Plaintiff separated from defendant in June, 1999, when he moved to Pennsylvania. Plaintiff has lived in Pennsylvania since June, 1999. Defendant has continued to reside in New York. On August 9, 2001, wife instituted a divorce action against husband in the Supreme Court of the County of Nassau in New York. That divorce action was personally served on husband on August 21, 2001, at 3:35 p.m.' Ironically, husband had just initiated this Cumberland County divorce action on August 21, 2001, by filing a complaint in the Office of the Prothonotary at 2:52 p.m. Wife has entered a limited appearance by filing a petition seeking dismissal ' Wife had previously instituted a divorce action against husband on April 11, 2000, in the Supreme Court of the County of Nassau in New York. That action was discontinued on January 9, 2001. 01-4927 CIVIL TERM based on her pending divorce action in Nassau County, New York, that was filed twelve days before husband filed this divorce action. In the New York action, wife seeks, inter alia, the equitable distribution of marital property. In this Cumberland County action, husband has made no collateral claims. He seeks a decree in divorce under the Divorce Code at 23 Pa.C.S. § 3301(c) and 3301(d). Section 3104 of the Divorce Code provides: (a) Jurisdiction.-The courts shall have original jurisdiction in cases of divorce and for the annulment of void or voidable marriages and shall determine, in conjunction with any decree granting a divorce or annulment, the following matters, if raised in the pleadings, and issue appropriate decrees or orders with reference thereto, and may retain continuing jurisdiction thereof: (1) The determination and disposition of property rights and interests between spouses, including any rights created by any antenuptial, postnuptial or separation agreement and including the partition of property held as tenants by the entireties or otherwise and any accounting between them, and the order of any spousal support, alimony, alimony pendente lite, counsel fees or costs authorized by law. (2) The future care, custody and visitation rights as to children of the marriage or purported marriage. (3) Any support or assistance which shall be paid for the benefit of any children of the marriage or purported marriage. (4) Any property settlement involving any of the matters set forth in paragraphs (1), (2) and (3) as submitted by the parties. (5) Any other matters pertaining to the marriage and divorce or annulment authorized by law and which fairly and expeditiously may be determined and disposed of in such action. (b) Residence and domicile of parties.-No spouse is entitled to commence an action foe divorce or annulment under this part unless at least one of the parties has been a bona fide resident in this Commonwealth for at least six months immediately previous to the commencement of the action. Both parties shall be competent witnesses to prove their respective residence, and proof of actual residence within this Commonwealth for six months shall create a -2- 01-4927 CIVIL TERM presumption of domicile within this Commonwealth. (c) Power of court.-The court has authority to entertain an action under this part notwithstanding the fact that the marriage of the parties and the cause for divorce occurred outside of this Commonwealth and that both parties were at the time of the occurrence domiciled outside this Commonwealth... . (d) Foreign forum.-After the dissolution or annulment of a marriage in a foreign forum where a matter under subsection (a) has not been decided, a court of this Commonwealth shall have jurisdiction to determine a matter under subsection (a) to the fullest extent allowed under the Constitution of the United States. (e) Venue.-A proceeding for divorce or annulment may be brought in the county: (1) where the defendant resides; (2) if the defendant resides outside of this Commonwealth, where the plaintiff resides; (3) of matrimonial domicile, if the plaintiff has continuously resided in the county; (4) prior to six months after the date of final separation and with agreement of the defendant, where the plaintiff resides or, if neither party continues to reside in the county of matrimonial domicile, where either party resides; or (5) after six months after the dare of final separation, where either party resides. (Emphasis added.) In Betz v. Betr, 103 Pa. Super. 306 (1931), the Superior Court of Pennsylvania held that a county in Pennsylvania may assume "jurisdiction" in a divorce suit brought by one spouse even though a divorce suit between the same parties is pending in another county. The Court concluded that the spouse in the second suit may not be deprived of the right to secure a divorce unless a final decree in divorce is entered in the prior suit. The Court stated: The fear that there may be conflict of jurisdiction between courts is more fanciful than real. Neither court in any event would attempt to set aside the judgment entered by the order. When either case is finally decided, the other court can take cognizance of it and govern itself accordingly. -3- 01-4927 CIVIL TERM In Gantt v. Gantt, 338 Pa. Super. 528 (1985), the Superior Court of Pennsylvania, noting that Betz v. Betz, supra, was decided when counterclaims were not permitted in divorce, held that Divorce law must be interpreted to require consolidation of all issues in divorce so as to counter the "monumental waste of judicial time and litigant's money." The Court stated, "[w]e would urge that with all deliberate speed, the Pennsylvania Supreme Court Civil Rules Committee promulgate rules which provide guidance to the Bench and Bar as to appropriate considerations of venue consolidation, certification and bifurcation." Now, Pa. Rule of Civil Procedure 1920.6 covers venue when a divorce action is filed in a county of Pennsylvania after an initial divorce action has been filed in another county of Pennsylvania. However, neither the Rules of Civil Procedure nor the Divorce Code specifically address jurisdiction where a divorce action has been filed in Pennsylvania by one spouse after the other spouse has filed a divorce action in another state.z In Watson v. Watson, 243 Pa. Super. 23 (1976), the Superior Court of Pennsylvania stated: Our Supreme Court has recently set forth the standards for determining the validity of a sister state's divorce decree: "It is well established that once [a sister state] has granted a divorce decree that decree is presumptively valid in this jurisdiction. Esenwien v. Commonwealth ex rel. Esenwien, 325 U.S. 279, 65 S.Ct. 1118, 89 L.Ed. 1608 (1945); Williams v. North Carolina (ll), 325 U.S. 226, 65 S.Ct. 1092, 2 In contrast, in custody litigation, Pennsylvania, at 23 Pa.C.S. §§ 5341 to 5366, and New York, at McKinney's Domestic Relations Law §§ 75-a to 75-z, have adopted the Uniform Child Custody Jurisdiction Act. -4- 01-4927 CIVIL TERM 89 L.Ed. 1577 (1945). Such a decree is 'a conclusive adjudication of everything involved therein except the jurisdictional facts on which it is founded ...,' Commonwealth ex rel. McVay v. McVay, 383 Pa. 70, 73, 118 A.2d 144, 146 (1955), and bona fide domicile is the essential jurisdictional fact necessary to give any decree extraterritorial effect. See ~Iliams v. North Carolina (1), 317 U.S. 287, 297-98, 63 S.Cf. 207, 212-13, 87 L.Ed. 279, 285-86 (1942); Commonwealth ex rel. McVay v. McVay, supra; Commonwealth ex rel. Meth v. Mefh, 156 Pa.Super. 632, 41 A.2d 752 (1945). In the case sub judice, husband, who has continually lived in Pennsylvania since June, 1999, and lives in Cumberland County, has jurisdiction in this divorce action under Section 3104(b) of the Divorce Code (he has been a bona fide resident of the Commonwealth for at least six months immediately previous to the commencement of this action), and has venue in Cumberland County under Section 3104(e)(2) (defendant resides outside of the Commonwealth and plaintiff resides in Cumberland County). Some state courts have held that the forum in which a divorce action is first initiated and where jurisdiction of the defendant is obtained will be permitted on principles of comity to complete its proceeding, and the forum in which the subsequent divorce is brought will stay the second suit on principles of comity. Simmons v. Superior Court, 96 Cal. App.2d 119, 214 P.2d 844 (1950); Evans v. Evans, 186 S.W.2d 277 (Tex.Cv.App. 1945). See Friedland v. Friedland, 295 F.Supp. 237 (D.C. Virgin Islands 1968). In New York, a statue at CPLR 3211(a)(4) allows for dismissal "on the ground that ...there is another action pending between the same parties for the same cause of action in the court of any state." Dismissal is discretionary, and in determining whether such discretion should be exercised the court looks to the greater interest in -5- 01-4927 CIVIL TERM and contacts with the litigation as between New York and the other state. Guccione v. Guccione, 417 N.Y.S.2d 633 (1979). We have not found a similar statute in Pennsylvania that would be applicable to a divorce action. In Federici v. Federici, 44 D. & C.3d 591 {Eric Co. 1986), the issue was whether a resident of Pennsylvania may maintain a divorce action in Pennsylvania after an action resulting in legal separation has been maintained in New York, but before the New York action has been converted into a divorce action. The trial court held that the action in Pennsylvania could be maintained where the spouse's action in New York was based on different grounds than the other spouse's action in Pennsylvania. The court stated, This does not mean that Pennsylvania is the properjurisdiction to determine the related marital claims. This court will not consider any marital claims and leaves those related matters to the New York court to address in the pending New York action pursuant to the divisible divorce doctrine espoused in Stambaugh v. Stambaugh, 458 Pa. 147, 329 A.2d 483 (1974).... This court also believes it should not entertain any marital matters aside from the divorce issue itself based upon the legal principle of comity. The legal separation action in New York has already resulted in at least a temporary order regarding economic issues, including support, maintenance and custody. In the case sub judice, we are of the view that husband, who has jurisdiction in Pennsylvania and venue in Cumberland County, should not be deprived of litigating this divorce action unless a final decree in divorce has been entered in the New York suit. Husband has made no collateral claims in this action so there is no issue of whether such claims should be stayed on the principle of comity. Accordingly, the following -6- 01-4927 CIVIL TERM order is entered. ORDER OF COURT AND NOW, this ~~~ day of January, 2002, the petition of defendant to dismiss this action for a divorce, IS DENIED. By the urt, `~ Edgar B. Bayley, J. Carol J. Lindsay, Esquire For Plaintiff Edith Basom, Pro se P.O. Box 256 Huntington, NY 11743 saa -7- _,, so; h RICHARD BASOM, PLAINTIFF/RESPONDENT v. EDITH BASOM, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4927 CIVIL TERM ORDER OF C URT AND NOW, this ~ ~"/ ~ day of November, 2001, pursuant to the petition of defendant to dismiss the within divorce action, to which plaintiff has objected in a response to a Rule to show cause, IT IS ORDERED that petitioner shall file a brief in chambers, with supporting legal authority, not later than thirty (30) days from this date. Respondent shall file a response brief in chambers not later than fifteen (15) days thereafter.' The petition will be decided without oral argument. By the , ~~. i Edgar B. Bayley, ~~ ~ a >~ V \\\ Petitioner has averred that she commenced the second divorce action against respondent on August 9, 2001, in the Supreme Court of the County of Nassau in the State of New York, indexed at 01-202832 (a prior action was discontinued). Petitioner has further averred that this divorce action was personally served on respondent on August 21, 2001, at 3:35 p.m. Respondent, in his response to the Rule to show cause, has not denied these allegations. He instituted the within divorce action in Cumberland County by filing a complaint on August 21, 2001, which is time stamped by the Prothonotary at 2:52 p.m. It is on these facts that the parties should address the legal issue of whether this action in Cumberland County should be dismissed because of the pending action in Nassau County, New York. ~~°~ , ~INt~t~liSNN3d (3S.i ~;c~ ;e! fi(ltd IC ~lt~~t1U!,lt~;; ~;~ ~. r~ # $ Johnna J. Kopecky, Esquire For Plaintiff/Respondent Edith Basom, Pro se P.O. Box 256 Huntington, New York 11743 Defendant/Petitioner :saa RICIIARD BASOM, Plaintiff/Respondent, v. EDITH BASOM, Defendant/Petitioner, 1N THE COURT OF COMMON PLEA5 OF CtJMBE1tLAND COUNTY, PENNSYLVANIA O1-4927 CIVIL TERM LIMITEll AYl'EAI2ANCE FOR THE SOLE PURPOSE OF CHALLENGING JURISDICTION ANA RESPONDING TO THIS COURT'S ORDER OF NO'trEMBER 14, 2001 I, Edit}t Basam, ant the De£endantlPetitioner in the above-captioned action. I make this pleading by way of a limited appearazice for the purpose of contesting jurisdiction of the State of Penusylvaztia over the marriage between myself and the Plaintiff/Respondent Richard Easotn, My attorney has been ill for several months, his partnership has been dissolved, and I have agreed to release him from representing me in this matter. I am attempting to locate now counsel, but have been unable ro find a lawyer who is willing to handle a Pennsylvania matter. I camiot afford to hire new counsel in both New York attd Pennsylvania. Therefore, I respectfully ask for this court's indulgence so that I may set forth my arguments inlay terms an(f without the customary reference to legal authorities. On August 9, 2001, after living in New fork for more Utah two years, I commenced azt action for divorce in the Supreme Court of the County of Nassau, action number O1-20232. On ~ August 21, 2001, Plaintiff filed the present action in Pennsylvania. On August 21, 2001, approximately one-half hot>r after Plaintiff's action was filed, Plaintiff was personally sewed with the New York action. Plaintiff mailed a copy of the Pemtsylvania action to my son's house and receipt was acknowledged by my daughter-in-law on August 23, 2001. I did not receive the complaint until approximately September 1, 2001. I believe it is well established thatjurisdietion does not attach until service is completed. Service is not complete until the p'trty has either been personally served or, in the case of service by mail, when the mail has been delivered. Therefore, even if one were to assume that service was effective on me when my daughter-in-law received the complahrt by mail,' service had already been ,r; completed on Plaintiff at least two days earlier. Because the New York court gained jurisdiction Yirst, I believe this court should dismiss this action. This court should also dismiss this action because I do not have any recent contact with the State of Pennsylvania. I lived in Pennsylvania from 1986 to 1933 to be near Plaintiff. Since moving-away in 1988, I have only been to Pennsylvania three or four times, and solely for the purpose of accompanying Plaintiff while he visited his family. I have not been to Pennsylvania in four of five years. I was not married there, nor did 1 live there as Plaintiff's wife? Thus, I have not had any substantial contacts with Pennsylvania in over ten years. Moreover, it would be a hardship far me to//go to Peunsylvania because it is too far and too unsafe forme to drive. On the other hand, Plaintiff kras significant ties to New York. He was employed in New York in 2000 and we lived together in New Yoxk as husband and wife tmtil our separation. He is also quite capable of driving to New York. If, for some reason, this court decides to allow this matter to go forward, I request that the cowt's jurisdiction be limited to the termination of our marital status. Plaintiff.has not complied with interim support orders issued by a New York court' and it would be tuifair for him to avoid his legal obligations by initiating a new action in a different state. Similarly, it would be unfair for this court to exercise juiisdiction over any money and/or property I have in the State of Now York because I have no contact with Pennsylvania and Plaintiff can easily nzake auy claims against New York property in the New York court. Finally, Plaintiff is well aware that he was personally served with a second action for divorce on August 21, 2441. In lzis "Response To Rule To Show Cause,," he mentioned only the earlier action that was dismissed. By failing to mention the current action, Plaintiff knowingly mislead this cow•t. Plaintiff's sole purpose in maintaining the current action is to further delay this matter and increase my expenses in the hope that 1 will abandon the rights and claims that have '1Yhile I acknowledge that T received notice of the present suit, I do not know whether service was completed when delivered to my daughter-in-law or when I actually received it. zPlaintiff and I were married in North Carolina on November 9, 1990. 'After making three or four payments, Plaintiff has refused to make court ordered interim support payments. Plaintiff lzas blocked attempts to garnish his wages and retirement benefits and, as of this date, arrears are approaching $10,000. w `. already been confirmed by a New York court. Plaintiff has engaged in a long history of verbal and sporadic physical abuse which culminated in a physical anack that ended our relationship. Despite his knowledge that a New York action was commenced prier to the present action, Plaintiff refuses to abandon this matter because he knows tlrat my financial resources are limited and 1 can only fight him for so long. Plaintiff has refused to pay a modest interim support payment based on the excuse that he does not have the money. Despite this protestation of poverty, Plaintiff has managed to mount a concerted legal effort to not only block those payments, but wage dissolution cases in two states. Flis goal is obviously to subvert the New York court's order and force me to give up on ever receiving any type of support.' There is simply no way that 1 can hire a lawyer in New York, another lawyer in Pemtsylvania, and continue to spend resources to get Plaintiff to comply with the interim support order. This court should not reward Plaintiff s strategy by perniitting this matter to go forward. Unfortunately, if this action does proceed,l will be unable to attend any hearings or hire counsel to represent me. I, Edith 13asom, verify under penalty of perjury, that the foregoing is true and correct. December 19, 2001 L~-~{i /~/y-(7'~!~ Edith 13asotn, Defendant/Petitioner °I am requesting support because my marriage to Plaintiff effectively ended any chance 1 had of maintaining a steady job. Plaintiff asked me to stop working in the late 1980's, Every couple of years we moved to a new state in order to foster Plaintifhs career. Over the course of our relationship, Plaintiff has been employed in Pennsylvania, North Carolina, Virginia, Georgia, and New York. CERTIFICATE OF SERVICE BY U.S. MAIL Case Name: Basom v. Basom No.: OI-4927 CIVIL TERM On December 19, 2001, I hereby eerti#'y that I served a true azid correct copy of: LIMITED APFEARANCE FOR THE SOLE PT7RPOSE OF CHALLENGING JURISDICTION AND RESPONDING TO TINS COURT'S ORDER OF NOVEIVIBER 14, 2001 on Plaintiff Richard Basom via United States Mail, postage prepaid, addressed as follows: Richard Basom c/o Saidis, 5huff, Flower & Lindsay 26 W. High Stteet Carlisle, PA 17013 I declare under penalty of perjury under the laws of the State of New YorlE that I am over 18, the foregoing is true and correct, and this declaration was executed on December 19, 2001, at ~j~~c-e n S ,New York. Name: ~~.~nu ^ ~ ~~n 1 ~G ,~2 U Address: ~ 'J 7,5 1`3 ~1~-- ~~~s~,~n~ 1J`~ 1136Y ~-~-- -~ ~---_ Signature TOTRL P.05 ~ s~ C3 v~ ~~ ~i CJ m ._ { Z ~"7 `~ C ~~ ~ la.F T~ ~~ RICHARD BASOM, PLAINTIFF/RESPONDENT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. EDITH BASOM, DEFENDANT/PETITIONER 01-4927 CIVIL TERM ~`~ORDER OF COURT AND NOW, this ~ ° _ day of November, 2001, based upon the attached communication by defendant/petitioner, the order of November 14, 2001, is amended to provide that petitioner shall file a brief in chambers, with supporting legal authority, not later than December 20, 2001. Respondent shall file a response brief in chambers not later than fifteen (15) days thereafter. All other provisions of the order of November 14, 2001, shall remain in effect. By Edgar B. T3ayley, J. Johnna J. Kopecky, Esquire '' ~ ~ ,,\~j For Plaintiff/Respondent ^,p~ Edith Basom, Pro se P.O. Box 256 Huntington, New York 11743 ' ~ a a~ 12\ ~ Defendant/Petitioner `i a ~,0/ saa '11"" t' JJC~-u~ `C~`~ C'~e,~ 0 /~i~<3-335 q ~~ ~ ~ ~ ,. ~ ~~~ ~D~ ~ ~r~ t`fcv~.e-rdj ~2 C~ ~ r7~~ u RICHARD BASOM, IN THE COURT OF COMMON PLEAS OF PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA V. EDITH BASOM, DEFENDANT 01-4927 CIVIL TERM ORDER OF COURT AND NOW, this _ ~' day of October, 2001, a Rule is issued against plaintiff, Richard Basom, directing him to file an answer to the within petition challenging jurisdiction, and to show cause why the relief requested therein should not be granted. Rule returnable fifteen (15) days after service. Any response filed shall be forwarded by the Prothonotary to chambers. Johnna J. Kopecky, Esquire For Plaintiff Edith Basom, Pro se P.O, Box 256 Huntington, New York 11743 :saa d \`t~ ,it r i~~ ~r', ~ i ~' ~ . .cr.i ~;'1 i'_l ~~r,~~ .. ~? ~~ ... ,~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA RICHARD BASOM, - against - EDITI-I BASOM, Plaintiff, ~~ ~ t ~~4 ~1n• o I -µ~Z7C~v;l Term LIMITED APPEARANCE Defendant. Return Date: October 10, 2001 STATE OF NEW YORK ) )SS-. COUNTY ~JF NASSAU ) EDITH BASOM, being duly sworn, deposes and says: I , I am the defendant in the above captioned action and I make this affidavit by way of a limited appearance for the purpose of contesting jurisdiction of the State of Pennsylvania over the marriage between myself and the plaintiff, Richard Basom. 2. The plaintiff and I were married on November 9,1990 in North Carolina. Your deponent has resided in New York for over two (2) years. 3. The Plaintiffs complaint in this action has alleged that there have been no prior actions of divorce or for annulment between the parties. This statement is false. There is presently pending an action for divorce in the State of New York, Nassau County, Index No. O1-202$32, whrch action was commenced on August 9, 2001 (twelve (12) days before the Plaintiff herein commenced the within action) and which New York Summons with Notice was served on the Plaintiffherein, Richard Basom, personally on August 21, 2001. Therefore, 1 decline to appear for any other purpose in this action other than to contest jurisdiction. Annexed hereto and made a part hereof and marked as Exhibit "A" is a copy of the New York Summons with Notice, the receipt of the Nassau County Clerk and an affidavit of service. 4. Your deponent has engaged in lengthy litigation with the Plaintiff herein seeking to enforce a spousal support award that was granted in Suffolk County Family Court in 1999 and affirmed in Nassau County Family Court in December, 2000. That as ofDecember 21, 2000 the Plaintiffherein had accrued maintenance arrears of Six Thousand One Hundred Twenty($6,120.00) dollars, which arrears shall be secured by a Qualified Domestic Relations Order and/or income execution in the pending Nassau County, Supreme Court of the State of New York matter which is presently pending. WHEREFORE, based on the above, it is respectfully requested that the summons in this action be vacated as there is an existing action for divorce, the commencement of which pre- dates the within action. /R~'f' EDITH BASOM 1=7efbndant, pro se P.O. Box 256 Huntington, New York 11743 Sworn to before me this 26th day of September, 2001. ~---_ . Notary ublic MEGAid E. WOOIJ.EY Notary i~502 9n York Quellffed in Nassau Co Commission Expues Ju1V 5, 2 K c SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU Index No. -- Date Summons Filec~ay of EDITH BASOM 102 Knollwood Drive Carle Place, NY ll514 Nassau County Plaintiff, -vs- RICHARD LLOYD BASOM Richard L. Basom 238 Walnut Bottom Road Carlisle, PA 17013 SUMMONS WITH NOT ,~~ ~.. 9~ •~ Defendant. s This action is brought in the County of Nassau bedcaa~s~ County is the County where the Plaintiff resides. ~""~'~i~~: ACTION FOR A DIVORCE To the Defendant: YOU ARE HEREBY SUMMONED AND REQUIRED TO RESPOND TO THIS SUMMONS and to the requests for relief made by the Plaintiff by serving a written Notice of Appearance on the Plaintiff's attorney, at the address stated below. If this Summons with Notice was served upon you within the State of New York by personal delivery, you must respond WITHIN 20 DAYS after service, exclusive of the day of service. If this Summons with Notice was not personally delivered to you within the State of New York you must respond WITHIN 30 DAYS after service is complete in accordance with the requirements of the Civil Practice Law and Rules. THE. NATURE OF THIS ACTION IS TO OBTAIN A JUDGMENT OF DIVORCE, DISSOLVING THE MARRIAGE RELATIONSHIP BETWEEN PLAINTIFF AND DEFENDANT. THIS ACTION FOR DIVORCE IS BASED UPON THE FOLLOWING GROUND OR GROUNDS: Cruel and Inhuman Treatment of the Plaintiff by the Defendant, pursuant to Domestic Relations Law Section 170(1); SUMMONS WITH NOTICE Page 1 PRESTON, PARDES & WOOLLEY, LLP 2 Robbins Lane Suite 210 Jericho, New York 11753 nrs^ a.~o (516) 512-2100 d Abandonment of the Plaintiff by the Defendant for a period of more than one (1) year, pursuant to Domestic Relations Law Section 170(2); THE RELIEF SOUGHT BY THE PLAINTIFF IN THIS ACTION IS A JUDGMENT DIVORCING THE PARTIES AND DISSOLVING THE MARITAL RELATIONSHIP WHICH HAS HERETOFORE EXISTED. PLAINTIFF ALSO REQUESTS THAT SUCH JUDGMENT GRANT THE FOLLOWING ITEMS OF ADDITIONAL .AND ANCILLARY RELIEF: Awarding Plaintiff maintenance. Awarding Plaintiff equitable distribution of marital property, including a distributive award to Plaintiff if required or appropriate to effect such equitable distribution. Declaring Plaintiff's separate property. Awarding Plaintiff counsel fees, expert fees, and other litigation expenses. Granting each party the right to resume the use of ahy maiden name or other premarriage surname. Awarding Plaintiff such other and further relief as to the court may seem just-and proper, together with the costs and disbursements of this action. IN THE EVENT THAT YOU FAIL TO APPEAR OR ANSWER, JUDGMENT WILL BE TAKEN AGAINST YOU, by default, for the relief demanded in this Summons with Notice. Dated: July 13, 2001 LLP SUMMONS WITH NOTICE Page 2 Interoffice #: Basom Client File: X: \MATLAW\BASCM\basOm.$CP 09/13/2001 03:19 p.m. Form: X:\MATLAW\BASOM\TIPS_O1 O.DOC 09/13/2001 03:15 p.m. ZZPS° 3.10 PRESTON, PARDES & WOOLLEY, LLP 2 Robbins Lane Suite 210 Jericho, New York 11753 (516) 512-2100 Preston, Pardes & Woolley, Attorney for Plaintiff 2 Robbins Lane Suite 210 Jericho, NY 11753 516-512-2100 ~~~~~ r . ... ~~~~ ~~ . AFFIDAVIT OF SERVICE -ACTION FOR DIVORCE INDEX # O1-202832 STATE OF NE W YORK FILED ON: AUGUST 9, 2001 SUPREME COURT COUNTY OF NASSAU Edith Bosom plaintiff against ~11 )/ ~~ Richard Lloyd Bosom Defendant j STATE CF PENPISYLVAi NIA COUN T Y OF CUMBERLAND ~,~~~ ~J~ ~ rJ es~ being duly sworn deposes and says that deponent resides at sburg , State of New York, is over the age of eighteen years, is not party to the above entitled action. Deponent further states that deponent has served the: Summons with Notice in the above entitled action upon Richard Lloyd Bosom the defendant above named. at 238 Walnut Bottom Road, Carlisle, FA 17013 on $~ o~/-a ~ 'v: ~Spmby delivering to and leaving with him personally a true copy of same; that I knew the person so served to be the defendant herein, said defendant having admitted to me that he is the defendant herein, and that the plahrtiff was then lawfully wedded- wife ;that the summons so served upon the defendant was endorsed on the face thereof with the words, ACTION FOR DIVORCE. (This notice is required by the Domestic Relations Law, Section 232.) DEPONENT STATES UPON INFORMATION AND BELIEF THAT SAID PERSON SERVED IS NOT IN THE MILITARY SERVICE OF THE STATE OF NEW YORK OR OF THE UNITED STATES AS THE TERM IS DEFINED IN EITHER STATE OR FEDERAL STATUTES. DEPONENT STATES THAT THE PERSON IS DESCRBED AS FOLLOWS:' Sex: ~_ Skin:_ Hair:, Approximate Age: 51- 'j Approximate Height: rJ" `~f S'~" Approximate Weight: ~~ Other: (~ Q n ~pQq, LNT6yFCOUMIY JUDlCJAL S$3VICTfS. 8S WILLIS AYENU6, SUITE F. MINEOLA. NF 115/)7. Pu S1Pf-24R-R270. Fex 57/~20IJ.22i I Invoice•WorkOrder# 0106371 RICHARD BASOM, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4927 CIVIL TERM EDITH BASOM, CIVIL ACTION - LAW Defendant IN DIVORCE RESPONSE TO RULE TO SHOW CAUSE AND NOW comes the Respondent, Richard Basom, by and through his attorneys, Saidis, Shuff, Flower & Lindsay and respectfully avers the following in answer to the Petition Challenging Jurisdiction. 1. The Respondent is Richard Lloyd Basom, an adult individual residing at 238 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 2. Edith Basom is an adult individual residing at 102 Knollwood Drive, Carle Place, New York 11514. 3. Sometime in April of 2000, the Respondent was served SAIDIS SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA with a Summons entitled "Notice if Issue - Uncontested Divorce", Supreme Court of the State of New York, County of Nassau; a copy of said Notice is attached hereto and made a part hereof and marked as Exhibit "A" 4. On or about October 2, 2000, the Respondent was served with a Notice of Settlement and Judgment of Divorce also issued in the Supreme Court of the State of New York, County of Nassau; a copy of said Notice and Judgment of Divorce is attached hereto and made a part hereof and marked as Exhibit "B" 5. Sometime subsequent to that, the Respondent received a Statement of Proposed Distribution which is attached hereto and made a part hereof and marked as Exhibit "C" 6. At no time since that time has any Divorce Decree been issued, nor has a hearing been held on the equitable distribution of marital assets. 7. Then, on or about January 9, 2001, the Respondent received a Notice of Discontinuance, also from the Supreme Court of the State of New York, County of Nassau, stating that the Petitioner, Edith Basom, discontinued the above action, which would include the divorce and the property settlement. A copy of the Notice of Discontinuance is attached hereto, made a part hereof and marked as Exhibit "D" 8. Having received the Notice of Discontinuance, and SAIDIS SHUF$ FLOWER & LINDSAY ATfORNEYS•AT•LAW 26 W. High Street Carlisle, PA having never been adjudicated in divorce in Nassau County in the State of New York, nor any other County, the Petitioner filed a Complaint under Section 3301 (c) or 3301(d) of the Divorce Code in the Court of Common Pleas of Cumberland County, Pennsylvania, filed to the above term and number; a copy of said notice is attached hereto and marked as a part hereof as Exhibit "E". This divorce was filed on August 21, 2001, and it was served on the Respondent by certified mail, evidenced by the attached Certificate of Mailing on or about August 23, 2001. A copy of said certified mail return receipt card is attached hereto and made a part hereof and marked as Exhibit "F" 9. Contemporaneously with the filing of the divorce, the Respondent filed his Affidavit under Section 3301(d) of the Divorce Code, which was served upon the Respondent and her attorney, Robert Preston, Esquire. 10. AS the parties have been separated for the more than the requisite two year period and because the divorce action was discontinued in New York, the Respondent avers that the divorce Complaint was properly filed, the Petitioner was given proper notice and the divorce is valid in Cumberland County. 11. To plead further, the Respondent has resided in SAIDIS SHUF$ FLOWER & LINDSAY 26 W. High Street Carlisle, PA Cumberland County for the requisite two year period for the divorce, and more importantly the requisite 6 month period as a bona fide resident of the Commonwealth of Pennsylvania for at least 6 months immediately previous to the filing of the Divorce Complaint. ~~ WHEREFORE, the Respondent respectfully requests Your Honorable Court to deny the Petition challenging jurisdiction, and to allow the divorce to continue under 3301(d) in Cumberland County, Pennsylvania. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY SAIDIS { SHUFF, FLOWER & LINDSAY Dated: ~ ~'- ~ "~ ~ ~~ John J. Ko cky, s ire Atto ey I. #53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Attorney for Plaintiff 2G W. High Street Carlisle, PA fiFU : ~„ ;.gin J ~: ,,;:( ~;`~„ ,~_~ ,. NOTE OF LSSUE -UNCONTESTED DIVORCE For Use of Clerk SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU ----------------------------___------X EDITH BASOM, Plaintiff, - against - RICHARD LLOYD BASOM, Defendant. --------------------------------------------------X NO TRIAL FII.,ED BY: Plaintiffs Attorney DATE SUMMONS SERVED: 4/11/00 Index No.: 2000-201096 Calendar No.: DATE ISSUE JOINED: NOT JOINED - Default NATURE OF ACTION: UNCONTESTED DIVORCE -- RELIEF: ABSOLUTE DIVORCE Robert M. Preston, Esq. Attorneys for Plaintiff: PRESTON, PARDES & WOOLLEY, LLP Of&ce and P.O. Address: 2 Robbins Lane Suite 210 Jericho, New York 11753 Phone No.: (516) 512-2100 Defendant: Richazd Lloyd Basom Office and P.O. Address: 4185 Mountain View Road, Apt. 110 Mechanicsburgh, PA 17055 Phone No.: Unlmown ~~ ~~~ ``~"~r SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU EDITH BASOM, Plaintiff, Index No.: 2000-201096 -against- RICHARD LLOYD BASOM, Defendant. --------------X NOTICE OF SETTLEMENT PLEASE TAKE NOTICE that an order of which the within is a true copy will be presented for settlement to the Hon. Presiding Justice, one of the judges of the within named Court, on November2, 2000, at 9:30 a.m. Dated: Jericho, New York October 2, 2000 PRESTON, PARDES & WOOLLEY, LLP Attorneys for Plaintiff 2 Robbins Lane Suite 210 Jericho, New York 11753 (516) 512-2100 TO: RICHARD LLOYD BASOM Defendant 4185 Mountain View Road, Apt. 110 Mechanicsburgh, Pennsylvania 17055 L- ~C ~/l / ~/ ~ ~ ~~!! At the Matrimonial/IAS Part ofNew York State Supreme Court at the Courthouse, Nassau County, on Present: Hon. EDITH BASOM, 107-20-6701 Plaintiff, -against- RICHARD LLOYD BASOM, 184-26-5501 Defendant. Index No.:2000-201096 JUDGMENT OF DIVORCE This action was submitted for inquest this day of , 2000. The Defendant was served personally outside the State ofNew York. Plaintiff presented a verified complaint. The Defendant has not appeared and is in default. The Court accepted written proof ofnon-military service. The plaintiff s address is 102 Knollwood Drive, Carle Place, New York 11514 and social security number is 107-20-6701. The Defendant's address is 4185 Mt. View Road, Apt. 110, Mechanicsburgh, Pennsylvania 17055 and social security number is 184-26-5501. Now on motion of Preston, Pardes & Woolley, LLP, the attorneys for the Plaintiff it is: ORDERED AND ADJUDGED that the Referee's Report, if any, is confirmed, and it is further ORDERED AND ADJUDGED that the Plaintiffshall have a judgment dissolving the Justice/Referee marriage on the evidence found in the Findings of Fact and Conclusions of Law based upon Index No.: DRL §170 subd.(1), and it is further page 2. ORDERED AND ADJUDGED that the existing Suffolk County Family Court order under Docket No. F-2722-99 dated January 14, 2000, shall continue, and a copy of this judgment shall be served by Plaintiffupon the Clerk ofthe Suffolk County Family Court within days of entry; and it is further ORDERED AND ADJUDGED that the Family Court shall be granted concurrent jurisdiction with the Supreme Court with respect to the issues of maintenance, and it is further ORDERED AND ADJUDGED that both parties are authorized to resume the use of any former surname; and it is further ORDERED AND ADJUDGED, that Defendant shall be served with a copy of this judgement, with notice of entry, by the Plaintiff within days of such entry. Dated: ENTER: J.S.C. /Referee CLERK SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU EDITH BASOM -against - RICHARD LLOYD BASOM Plaintiff, Defendant. Index No. 2000/201096 STATEMENT OF PROPOSED DISPOSITION This Statement of Proposed Disposition is made by Plaintiff herein,. pursuant to 22 NYCRR Section 202.16(h). I. ASSETS CLAIMED TO BE MARITAL PROPERTY Marital Asset Description Title Value Date Net Equity i - TOTAL MARITAL ASSETS none II (a) ASSETS CLAIMED TO BE SEPARATE PROPERTY OF HUSBAND Separate Asset Description Net Title Value Date Equity - TOTAL ASSETS CLAIMED SEPARATE PROPERTY OF HUSBAND II (b) ASSETS CLAIMED TO BE SEPARATE PROPERTY OF WIFE Separate Net Asset Description Title Value Date Equity 1. Ford Minivan Wife $1,400 $1,400 TOTAL ASSETS CLAIMED SEPARATE PROPERTY OF WIFE STATEMENT OF PROPOSED DISPOSITION Page 1 PRESTON, PARDES & WOOLLEY, LLP ~ ///~~~ / 2 Robbins Lane ( ~ Suite 210 rzrs^ aia ~ ~ 1 Serichq New York Il?53 //~~ (516) 512-2100 III (a) ALLOCATION OF DEBTS SPECIFIC TO ASSETS Specific Marital/ Value Debt Description Title Separate Date Lien 1. Ford Minivan Wife Separate $1,600 $1,600 TOTAL DEBTS SPECIFIC TO ASSETS III (b). ALLOCATION OF NONSPECIFIC DEBTS Nonspecific Marital/ Debt Description Title Separate Value Date Lien - TOTAL NONSPECIFIC DEBTS IV. Amount Requested For Maintenance: $ 100 p/w plus any arrears outstanding. This request for maintenance is based upon consideration of the reasonable needs of Plaintiff in view of the standard of living which the parties established during the marriage, whether Plaintiff lacks sufficient property and income to meet such needs, whether Plaintiff has sufficient property or income to provide for such needs, and the circumstances of the case and the parties, together with the following factors: An existing Suffolk County Family Court Order under Docket No. F-2722-99 dated January 14, 2000 remains in full force and effect. A copy of same is annexed hereto. STATEMENT OF PROPOSED DISPOSITION Page 2 PIPS" LIG PRESTON, PARDES 8c WOOLLEY, LLP 2 Robbins Lane Suite 210 Jericho, New York 11753 (516)512-2100 V. Proposal For Equitable Distribution: Qualified Domestic Relations Orders to distribute marital portion of defendant's pensions. NET SUMMARY - Net Marital Distribution to Defendant - Net Marital Distribution to Plaintiff The parties have heretofore divided any and all marital assets except as hereinabove set forth. Dated: September 29, 2000 STATEMENT OF PROPOSED DISPOSITION Page 3 ineeroffice #: Basom Client Fiie: X: \MATLAW\BASOM\bdsom.BCP 09/29/2000 02:35 p.m. Form: X:\MATLAW\HASOM\TI PS_205.DOC 09/29/2000 02:35 p.m. LIPS' I.10 ~~ .~il9 ~~ Edith Basom PRESTON, PARDES & WOOI.I.EY, LLP 2 Robbins Lane Sui[e 210 Jericho, New York 11753 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF NASSAU EDTTH BASOM, Plaintiff, Index No. 2000-201096 - against - RICHARD LLOYD BASOM, NOTICE OF DISCONTINUANCE Defendant. ------------------------------------------------------------------------x SIl2S: PLEASE TAKE NOTICE, that pursuant to CPLR 3217(x)(1) the attorney for the plaintiff, Edith Basom, hereby discontinues the above entitled action without costs to either party as against the other. Dated: Jericho, New York January 9, 2001 Robert M. Preston, Esq. PRESTON, PARDES & WOOLLEY, LLP " Attorneys for Plaintiff 2 Robbins Lane Suite 210 Jericho, New York 11753 (516) 512-2100 TO: RICHARD LLOYD BASOM Defendant 414 Rear Baltimore Street Hanover, Pennsylvania 17331 RICHARD BASOM, : IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND?7 COUNTY, PENNSYLVANIA v. NO.D~"'~RCIVIL TERM EDITH HASOM, CIVIL ACTION - LAW Defendant IN DIVORCE ~= c._ ._.. _ ` -, NOTICE r--' _ You have been sued in court. If you wish to ~;d®fend_against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail 'ts dog so;"the case may proceed without you and a decree of~ di.rvorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the irretrievable breakdown of the marriage counselling. A list available in the Office of the P County Court House, High and Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU HELP. divorce is indignities or marriage, you may request of marriage counselors is rothonotary at the Cumberland Hanover Street, Carlisle, Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 244-3166 SAIDIS ~SHUFF, FLOWER & LINDSAY nrrowu~vs•nr•ww 26 W. Nigh Street j Carlisle, PA SAIDIS, Date: ~+TII~'~ By: DIVISION OF A DIVORCE OR CLAIM ANY OF ONCE. IF YOU OR TELEPHONE CAN GET LEGAL & LINDSAY Johnrf J. opec~ Esquire Sup me urt ID # 78014 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff ~X~~ ~~~ 1~ ~(t RICHARD BASOM, Plaintiff v. EDITH BASOM, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is Richard Basom, who currently resides at 238 Walnut Bottom Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Edith Basom, who currently resides at 102 Knollwood Drive, Carle Place, New York. 3. Plaintiff has been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 9, 1990 in North Carolina. 5. There have been no prior actions of "divorce or for annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counselinc. Having been so advised Plaintiff does not desire the Court to order counseling. 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Respectfully submitted, SAIDIS, SHUFF, FLOWER & LINDSAY Date : OI ~~ ~U t By: Jo a Kopeck Esquire S reme Court I # 53147 26 West High Street Carlisle, PA 17013 (717) 243-6222 Counsel for Plaintiff 2 AFFIDAVIT I, Richard Basom, being duly sworn according to law, depose and say: (1) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. (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 counselling prior to a divorce decree being handed down by the court. 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. Dated : ~.~.~y { ~ c ! ~ ;~~„~ry _-~ ~ Richard Basom, Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Dated: ~A.~~ ~4S , c~( /9~„~-a~,-cJ /3d~yyy~ Richard Basom, Plaintiff VERIFICATION I verify that the statements made in the foregoing Response to Rule to Show Cause 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. DATED : l ~- ~'~ 1 ' "~"'-~'~T ~ Richard Basom SAIDIS SHUFF, FLOWER & LINDSAY arrouaxxsa7'•uw 26 W. High Stree[ Carlisle, PA r CERTIFICATE SERVICE r~~~ On this O/ day of 200, I, hereby certify that I served a true and correct copy of the foregoing Response to Rule to Show Cause upon all parties of record via United States Mail, postage prepaid, addressed as follows: The Honorable Edgar Bayley Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Edith Basom P.O. Box 256 Huntington, NY 11743 SAIDIS, SNUFF, FLOWER & LINDSAY {^o~~ ~ SAIDIS SNUFF, FLOWER & LINDSAY ATTORNEYS•AT•UW 26 W. High Street Carlisle, PA i~ ~ ~ ti RICHARD BASOM, PLAINTIFF/RESPONDENT V. EDITH BASOM, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4927 CIVIL TERM ORDER OF COURT AND NOW, this ""~ ' - day of November, 2001, based upon the attached communication by defendant/petitioner, the order of November 14, 2001, is amended to provide that petitioner shall file a brief in chambers, with supporting legal authority, not later than December 20, 2001. Respondent shall file a response brief in chambers not later than fifteen (15) days thereafter. All other provisions of the order of November 14, 2001, shall remain in effect. By Johnna J. Kopecky, Esquire For Plaintiff/Respondent Edith Basom, Pro se P.O. Box 256 Huntington, New York 11743 Defendant/Petitioner Edgar B. Bayleyy, J.~ d~.~' :saa /~ 'r ti a~ /P/ ~O ~ ~ a ~~ d t, G~s~~z-r ~ ~70~3-338 q ~o~ ~ ~s~ ~r ~~~_ , ~ RICHARD BASOM, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.01-4927 CIVIL TERM EDITH BASOM, :CIVIL ACTION -LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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) d)(4) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: Certified Mail, Return Receipt signed by the Defendant on 08-23-01. 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 ; by the Defendant (b) (1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: 08-18-01 (2) Date of service of the Plaintiffs affdavit upon the Defendant: 08-23-02 4. Related claims pending: No final decree of divorce has been entered in Nassau County, New 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: 02-11-02 -First class mail, evidenced by Certificate of Mail (copy attached) (b) Date Plaintiffs Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: N/A SAIDIS SHUFF, FLOWER & LINDSAY ATtV]R[~YS•AT•LAW 26 W. High Streel Carlisle, PA Date Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: N/A Date: a'2~-~~ By r Joh J. Ko cky,~ squire Atto ey I.D. 53147 26 West High Street Carlisle PA 17013 Attorney for Plaintiff RICHARD BASOM, IN THE COURT OF CON~ICN PLEAS Plaintiff CUNIBER.I,AND COUNTY, PENNSYLVANIA v. NO. 01-4927 CIVIL TERM EDITH BASOM, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TC: EdiLh Basom '_02 Knollwood Drive Carle Place, NY 1151? Robert Preston, Esquire 2 Robbins Lane Su_te 210 Jericho, iVl' 11753 `?OU r~'V 3EEN SUED IN ?ni ACTION FOR DIVORCu. `?ou have }~S~~A+IDIS•~~~ ~UCC, ~~vY C.i~ & LINDS:IY W. High Sheet Carlisle, PA failed to answer the Complaint or rile a Counter-Affidavit to the ?la~.nt.=L's Affidavit. Ther=fore, cr. or after October 10, 2001, the ?la'rt~Lf Can YeQL`eSt the CCt:rt t0 enter d Llnal Decre° in Divcrce. IF '?GU DO NCT _ ILE With the Protherotary ^vL t~''_e Court an i PS!Swer W. Lh ~iOU_ ~_Cna~. ~.lYe P.Ot3r-2e~.~ Cr Tler--' eC:, Cr 3 CiURL2r- 'F ..-i .. ` •ro 'r, ~ a ri ~ o r- a c+- ~ AL~'_..d i 1L D j t.... a..0 i " .,.at" t.... COll- _ Can nL..~ d L i ndl Decree -•_ D.'iCrCe. UnIeSS VCti hdVe alreaCV =_led wlth Lhe COUrL- d ! i written claim f~cr economic relief, you must do so by the above i _ j Cale Cr Lie CCL;rL me •• •• rro rvi vn rr•,~ AT7 (a VCll GJi 1 ~ i ^Se forever the right tc form counter-affida~ claims. YOU SHOU7JD TAK: u.S. POSTAL SERVICE CERTIFICATE OF MAILING MAV BE USED FOR DOMESTIC ANO INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Raceivetl Fmmr r C- -FI C' e~ ~~,,~~,,_, Z C I' 1 ~ Y «t t ~ -" Il5 ~ ~1.1 1f ~ L I ~i~4C.iLL~ `-/ ` I ~.' 1 3 One Oieca of ominary mail atltlressetl toi~ - --~ 4 ~ CLS c rY _ «Z ~Cr1011~~CC~ 1 ~, v`(_, Gar )~., ~l ~C ~ N'_ f i ~ 51'-/ , _ ., r~ rortn stfl7, January 2001 DO NOT HAVE A LAWYER, OR CANNOT AFFORD ONE, GO TO OR THE OFFICE SET FORTH BELOW TO FIND OI7T WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 (717) 854-8755 SAIDIS ,FLOWER & LINDSAY W. High StYeet Carlisle. PA ~~%A~AL,'U~.-'~ O' 4~~~~~~~]y. t t ~~' ~1~i,``-l„1~.Y~i,.-. _,-1ri=t~ ~'-~R~.S`~4 h.r~Y .may. Z pH~' ~QS W ~ s~. ~. ~a ~ -i A .` ~ w '(G R.TCHAI2D BASOM, ~~~~'-- ~-"M ~-_~ ....TN 'I:~ COURT OF COhIMON PLEAS Plaintiff CUMBERLAND COUDIT`L, P~Ii4SYI,Vr'1LdIA V . : rro . 0/-~/9~i-vIL TERM EDITH BASOM, CIVIL ACTION - LAW Derendar_t IN DIVORCE NOTICE TO THE DEFENDANT I= you wish to deny any of the statements set forth in this kZOWIIt N. High Stree[ arlisk. PA affidavit, you must file a counter-affidavit within twenty (20) says after this affidavit has been served or. you or -the statements wi11 be admitted. -_ _- --. PLAiVTI~="S AFFIDAVIT UNDER - j SECTION 3301 (d) OF Th'E - - ,. DIVORCE CODE i -. _. _._c na=C_SS =0 ~__:S 3CtiCP_ 32Da=aLeQ_ _~.: ui1P°r- - cJJ CJ, ..,: d .L'_aT7e CC__.. _~ L.'.~G =C __'ie Seoara=e and atia=C _~._ ~ _De: od o a= '_east two -mars Z. Toe mar_~aC.= _p ___e=_:eVGD~V uivlte~. ~: d°_SCa-d _ atma=i _CS2 _:C.^~S CCP_C°~':1~C a__mCP'% C_'.iijiC^ C. -_- _. °Sv i?_ o _eeS Gr .°.Xue.^_SeS __ _ CC "C- ~d. _•, ~,•, __ -mod =. ser.='' _ ac = he sca~eme-=_ made --_ =__a A=t_dav= are c_=e a c correct. _ ,.:.Ge_sta.^_d t--!a= raise Statemen^_S here=~ are mace S"W^, j eC= LC the DE_^.a! t12..S Ci ? a ~a . C.C. ~ 470. relati'C tG :.l^_S'~IG r^_ ~aiS---Cat 1CT! t.^. atithOTit_eS. I i - ~i DAT D: (~,~U,r+ I `.1 ~ J l r`:2.u .-7..~,r.~ ~ Richard Basom, Plain~i== i RICHARD BASOM, Plaintiff v. EDITH BASOM, Defendant i IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4927 CIVIL TERM CIVIL ACTION - LAW 2N DIVORCE NOTICE OF INTENTION TO TRANSMIT THE RECORA T0: Edith Basom 102 Kn.oliwood Drive Ca_'_e Place, N'I 11514 Robert Preston, Esc,*t:i re 2 Robbins Lane Suite 210 Jeri che, D1~_' 11753 Richard Basem, Plaintiff, intends to file with the Court a PrdeCipe t0 T':'anSmlt the reCOY'd On Or after OCtOber i0, 2001, reClleStinC thdt d final Decree =~ D].VOrCe be entered. SA_TDIS, SHIIFF, FLOWER & LINDSAY Bv: Jy~a!na ~ ~Ccoecky, E ~Etorn° ID ~ 531?7 25 Wes Hiah Street Carlisle, PA 1701? f717i 243-6222 SAIDIS FF, FLOWER LINDSAY W. High Street Cariiste, HA September 20, 2001 RICHARD BASOM, IN Tk"E COURT Ofi COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. IQO. 01-4927 CIVIL TERM EDITH BASOM, CIVIL ACTION - LAW Defendant IN DIVORCc CERTIFICATE OF SERVICE + n AND now, this ~ I ~ day of ~~-~~-/~~Lt,''Y,~~ 2001, I hereby certify that I seared the within NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECRE5 and NOTICE OF INTENTION TO TRANSMIT TAE RECORD this day by depositing same in the TJnited Stat?S lQai 1, First Class, Postage Prepaid, i^ Carlisle, PernSVlVunla, adClreSSed tC: Edith Basom i02 ICnollwood Drive Care Place, N`? _151^_ Rcbert P. estcn, Esct;i re Suite 21C Jericho, ~'! 1i75? SAIDIS ~IUFA FLOWER ~ & LINDSAY NTIt]ItNEYS•~T•EAW 26 W. High Sveec ~, Carlisle, PA i SAIDIS, Si:'JFF, rLOWER & LIN~SA'? '-•. Dated ~ ~ --_ - ~. -~ RICHARD BASOM, Plaintiff, v. EDITH BASOM, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4927 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE 1. CHECK EITHER (A) OR (B): (a) I do not oppose the entry of the divorce decree. (b) I oppose the entry of a divorce decree because: CHECK (i),(ii) OR both): (i) The parties to this action have not lived separate and apart for a period of at least two years; and (ii) The marriage is not irretrievably broken. 2. CHECK EITHER (A) OR (B): (a) I do not wish to make any claims for economic relief. 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 (b) I wish to claim economic relief, which may include alimony, division of property, lawyer's fees or expenses or other important rights. VERIFICATION SAIDIS SHUFF FLOWER & LINDSAY. ', ATTORNEYS•AT•LAW 26 W. High Street Gdisle. PA I understand that in addition to checking (b) above, I must also f8ile all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter affidavit 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. Date: Edith Basom ~_ ,;,, _ ~_ ;~ > ;~ .--~ '.J i (.J -. RICHARD BASOM, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :NO. 01-4927 CIVIL TERM EDITH BASOM, :CIVIL ACTION -LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE On this ~ay of ~anr~l- , 20ov1, hereby certify that I served a true and correct copy of the foregoing Praecipe to Transmit Record upon all parties of record via United States Mail, postage prepaid, addressed as follows: Robert Preston, Esquire 2 Robbins Lane Suite 210 Jericho NY 11753 Ms. Edith Basom 102 Knollwood Drive Carle Place NY 11514 SAIDIS, SHUFF, FLOWER & LINDSAY By: / G SAIDIS ~~ SHUFF, FLOWER & LINDSAY 26 W. High Street Carlisle, PA ~- c ~'•~ _ „_, <:, -: ~, _:.