Loading...
HomeMy WebLinkAbout03-2867THEODORE CHARLES OLSON, PLAINTIFF VS. SEONGHEE KlM OLSON, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA :: NO. O?, "~'C~iViL TERM .. : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You arc warned that if you fail to do so, thc 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 fights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of rnarriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 1-800-990-9108 THEODORE CHARLES OLSON, PLAINTIFF VS. SEONGHEE KIM OLSON, DEFENDANT : IN TIlE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA :: NO. O~'' ~af~IVIL TERM : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY COMPLAINT FOR NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, THEODORE CHARLES OLSON, by and through his counsel, Susan Kay Candiello, Esquire, of the Law Firm of Susan Kay Candiello, P.C., and makes the following consolidated complaint in divorce for divorce and custody~ 1. Plaintiffis THEODORE CHARLES OLSON, an adult individual, who resides at 4754 Brian Road, Mechanicsburg, Cumberland County, Pennsylvania, 17050. The Plaintiff has resided in Cumberland County for over one (1) year. 2. Defendant is SEONGHEE KIM OLSON, an adult individual, who currently resides at 5218 Meadowbrook Drive, Mechanicsburg~ Cumberland County, Pennsylvania, 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully married on October 13, 1989. 5. There have been no prior actions of divorce or for annulment between the parties except this Complaint filed for divorce. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the court require the parties to participate in counseling. Plaimiff has chosen not to ensage in, or to request any counseling. 8. Plaintiff joined the United States Navy in September 1985 and is still presently in the United States Navy. The Defendant was never a member of the United States Military Service. There are possible benefits as a result of the Plaintiff's military service applicable to this marriage. 9. Plaintiff and Defendam have two (2) children from their marriage, EDWARD KIM OLSON, bom December 18, 1991, and ALICE KIM OLSON, born December 30, 1992. COUNT I - REOUEST FOR NO-FAULT DIVORCE UNDER SECTION 350Hc} OF TIlE DIVORCE CODE 10. thereto. 11. Paragraphs 1 through 9 of this Complaim are incorporated herein by reference After ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiffbelieves Defendant may also file such an affidavit. WltEREFORE, if both parties file affidavits consenting to a divorce at~er ninety (90) days have elapsed from the date of filing of this Complaint, Plaintiff, THEODORE CHARLES OLSON, respectfully requests the court to enter a Decree of Divorce pursuant to section 3301(c) of the Divorce Code. COUNT H - REOUEST FOR EOUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502(a} OF ~ DIVORCE CODE 12. thereto. Paragraphs I through 11 of this Complaint are incorporated herein by reference 13. The Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the pa~ies without regard to marital misconduct in such proportion as the Court deems just al~er consideration of all relevant factors. WltEREFORE, Plaintiff, TltEODORE CHARLES OLSON, respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce Code. COUNT m - REOUEST FOR CONFIRMATION OF CUSTODY UNDER SECTIONS 3104{a~(2~ and 33234b) OF THE DIVORCE CODE 14. thereto. 15. Defendam: NAME EDWARD KlM OLSON ALICE KIM OLSON Paragraphs 1 through 13 of this Complaint are incorporated herein by reference The parties are the parents of the following minor children who reside with the AGE SEX 11 years Male 10 years Female DATE OF BIRTH December 18, 1991 December 30, 1992 16. addresses herein indicated: WITH WHOM Defendant Plaintiff and Defendant During the past five (5) years the children have resided with the parties and at the ADDRESS 5218 Meadowbrook Drive Mechanicsburg, PA 5218 Meadowbrook Drive Mechanicsburg, PA FROM / TO June 16, 2003 to Present 1998 to June 16, 2003 17. Plaintiff has not participated in any other litigation concerning the children in this or any other state. 18. There are no other proceedings pending involving custody of the children in this or any other state. 19. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 20. The best interests of the children will be served if both Plaintiff and Defendant have Shared Legal and Physical Custody of their children. WHEREFORE, Plaimiff, THEODORE CHARLES OLSON, respectfully requests that, pursuant to Sections 3104(a)(2) and 3323(b) of the Divorce Code, the Court enter an order confirming Shared Legal Custody and Physical Custody with Plaintiff, THEODORE CHARLES OLSON, and Defendant, SEONGHEE KlM OLSON, of the parties' two (2) minor children, EDWARD KIM OLSON and ALICE KlM OLSON. Respectfully submitted, LAW FIRM OF SUSAN KAY CANDIELLO, P.C. Dated: June [55 , 2003 Susan Kay Ca~ Counsel for Pla~ PA I.D. # 6499~ 5021 East Trindg Suite 100 Road Meehanicsburg PA 17050 (717) 796-1930 VERIFICATION The undersigned hereby verifies that the facts averred in the foregoing document are true and correct to the best of his knowledge, information, and belief. This verification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. DATED: THEODORE CHARLES OLSON PLAIN~FF V. SEONGHEEKIM OLSON DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2867 CIVIL ACTION LAW : : IN CUSTODY ORDER OF COURT AND NOW, Monday, June 23, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before _ Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, July 16, 2003 at 2:00 PM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and ali existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinR. FORTttECOURT, By: /s/ Dawn S. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ~II-IE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 THEODORE CHARLES OLSON, PLAINTIFF SEONGHEE KIM OLSON, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : NO. 03-2867 CIVIL TERM : : CIVIL ACTION - LAW : ACTION FOR DIVORCE / CUSTODY AFFIDAVIT OF SERVICE CERTIFIED MAHJ COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF CUMBERLAND Be it known, that on the I~°c~'day of ~ , 2003, before me, the subscriber, a Notary Public, personally appeared SUSAN KAY CANDIELLO, who, being duly sworn according to law, did depose and state as follows: 1. I am an attorney licensed to practice law in the Commonwealth of Pennsylvania. 2. I represent Theodore Charles Olson, Plaintiff in the above-captioned matter. 3. On July l, 2003, a true and correct copy of the Complaint for No-Fault Divorce Under Section 3301(c) of the Divorce Code was deposited for delivery with the U.S. Postal Service in Mechanicsburg, Pennsylvania, being Certified/First Class Mail, restricted delivery, return receipt requested, Article No. 7001 2510 0003 4439 9055, and addressed to the Defendant, Seonghee Klm Olson, at 5218 Meadowbrook Drive, M~am~, PA 17050. 4. The return receipt card signed by the Defeml~t, $~onghee Olson, showing a date of service of July 2, 2003, is attached hereto as Exhibit "A". Pa.R.C.P. 403. Service by certified mail meets the requiremems ofPa. R.C.P. 404(2) and sus I( (fC4N 'mL O, Counsel for }'lai~tiff SWORN TO AND SUBSCRIBED before me, a Notary Public, this ./(0`4)0` day of ~C~.3~. ,2003. Notary Public ~ My Commission Expires: C~ No~al ~al _ ~ R. Hanford, No~ Publ~ I ~ ~m, Cum~nd ~ ~mml~lon Expires Apr. 4, 2~ EXHIBIT "A" 0003 4439 9055 THEODORE C. OLSON, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SEONGHEE KIM OLSON, Defendant : CIVIL ACTION - LAW : : NO. 03-2867 CIVIL TERM : IN DIVORCE/CUSTODY ANSWER AND COUNTERCLAIM TO COMPLAINT FOR NO-FAULT DIVORCE UNDER §3301(C) OF THE DIVORCE CODE 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. 7. Admitted. 8. Admitted. 9. Admitted. 10. COUNT I Defendant's Answers to Paragraphs 1 through 9 of Plaintiff's Complaint are incorporated herein by reference as if set forth in their full text. 11. Admitted in part, denied in part. It is admitted, to Defendant's best knowledge, information and belief that Plaintiff intends to file an Affidavit consenting to the divome. It is denied that the Defendant plans to file an Affidavit as of the time of filing the within Answer. WHEREFORE, Defendant requests your Honorable Court to dismiss Count I of Plaintiff's Complaint. COUNT II 12. Defendant's Answers to Paragraphs 1 through 13 of Plaintiff's Complaint are incorporated herein as if set forth by reference in their full text. 13. Admitted. WHEREFORE, Defendant requests your Honorable Court to equitably divide the parties' marital property and equitably distribute the parties' marital debt in conjunction with any divorce action that may be entered in this matter. COUNT III 14. Defendant's Answers to Paragraphs 1 through 13 of Plaintiff's Complaint are incorporated herein by reference as if set forth in their full text. 15. Admitted. 16. Denied. It is denied that the addresses and time frames set forth in Plaintiff's Compalint are accurate. It is averred, rather, that during the past five years the children have resided with the following parties at the following addresses for the following periods of time: INDIVIDUAL Defendant Plaintiff Defendant Plaintiff Plaintiff Defendant Plaintiff Defendant ADDRESS 5218 Meadowbrook Drive Mechanicsburg, PA 5218 Meadowbrook Drive Mechanicsburg, PA Camp Hill, PA 62 Nara Tower Yokosuka, Japan 13145 Trail Dust Avenue San Diego, CA DATES June 14, 2003 to Present June 29, 2002 to June 14, 2003 March 2002 to June 29, 2002 March 2000 to March 2002 Mamh 1998 to March 2000 17. Admitted. 18. AdmiRed. 19. Admitted. 20. Denied. It is denied that the best interest of the children will be served by the parties having shared legal and physical custody of the children. It is averred, rather that the Defendant has been and continues to be, by far, the primary custodian of the parties' children and that her status as the primary custodian shall be maintained. WHEREFORE, Defendant requests your Honorable Corot to enter an Order providing her with primary physical custody of the children and to provide Plaintiff with appropriate periods of partial physical custody. COUNTERCLAIM FOR ALIMONY~AI,IMONYPENDENTELITE~ COUNSEL FEES AND EXPENSES 21. Defendants Answers to Paragraphs 1 through 20 of Plaintiff's Complaint are incorporated herein by reference as if set forth in their full text. 22. Defendant is unable to provide for, or afford her counsel fees, expenses and costs during the pendency of this divorce action, and through its resolution. 23. Defendant is without sufficient property and otherwise unable to financially support herself. 24. Plaintiff is presently employed and receiving a substantial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiting Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Defendant. Respectfully submitted, ~'~ ~t~tr~J'~r Defefidant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unswom falsifications to authorities. SEONGHEE KIM OLSON, Defendant THEODORE C. OLSON, Plaintiff SEONGHEE KlM OLSON, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-2867 CIVIL TERM : IN DIVORCE/CUSTODY CERTIFICATE OF SERVICE I, Bradley L. Griffie, Esquire, hereby certify that I did, the j'7 day of July, 2003, cause a copy of Defendant's Answer to Plaintiff's Complaint to be served upon Plaintiff's attorney of record by first class mail, postage prepaid at the following address: Susan K. Candiello, Esquire 5021 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 ffie, Esquire efendant IFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 JUL 18 ZOO3 THEODORE CHARLES OLSON Plaintiff VS. SEONGHEE KIM OLSON Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-2867 CIVIL ACTION LAW IN CUSTODY ORDER AND NOW, this 16th day of Jul% 2003 , the conciliator, being advised by plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for today is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator