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HomeMy WebLinkAbout03-3281HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA t 7013 (717) 243-6090 ATTORNEY FOR PLAINTIFF FRANCES L. FREUND, Plaintiff DAVID C. FREUND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 - ~_~) CIVIL TERM .. : IN DIVORCE 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 divome 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, Cumbeda,ad 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 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, Pennsylvania 17013 717-243-3166 FRANCES L. FREUND, Plaintiff DAVID C. FREUND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : C~VIL ACTION - LAW : NO. 03 - ~-~! CIVIL TERM : : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) 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 Frances L. Freund, an adult individual residing at 712 Hanover Court, Apartment F308, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is David C. Freund, an adult individual residing at 1001 Jeffrey Drive, Southampton, Bucks County, Pennsylvania 18966. 3. The parties have been residents 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 December 2, 1983, in Pittsburgh, Pennsylvania 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that she has been advised of the availability of counseling and that he 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 two parties. I verify that the facts contained herein 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. July 9, 2003 FRANCES L. FREUND, Plaintiff 35 East High Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 FRANCES L. FREUND, Plaintiff V. DAVID C. FREUND, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 03 - 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 participate in counseling prior to a divorce decree being handed down. 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 auth~riiies. July 9, 2003 /L~J, ( - t~.~ FRANCES L. FREUND, Plaintiff FRANCES L. FREUND, Plaintiff DAVID C. FREUND, Defendant .'IN THE COURT OF COMMON PLEAS OF : ~CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 3281 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. t920.4 NOW, Harold S. Irwin, ill, 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 amended complaint in divorce was served upon the defendant on or about July 14, 2003, by certified mail "restricted delivery", addressed to the defendant at 1001 Jeffrey Drive, Southampton, PA 18966, return receipt No. 7002 0860 0000 1076 7017. 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/~re subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsifi~Cat_iq'~ to authorities. July 15, 2003 [~(:~/t l~lt'AH~trOO~ndesy'fl~ipI~' · Complete items 1, 2, and 3. Nao oem~ ~ 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpieca, or on the front if space permits. PS Form 3811, August 2001 B. Received by ( Pr/nted Name) C. Date of Delivery D. isdelive~addressdlffemntfmmlteml? i-I ye~ If YES, a below: [] No Serv~e 1 ~, Certir~d [] Registered [] Insured Mail for Merchandise 7002 0860 0000 1076 7017 ROVNE1L, ALLEN, ROVNER, ZIMMERMAN AND NASl:[ By: Robin C. Scoinick, Esquire Identification Number: 80378 175 Bustleton Pike Feasterville, PA 19053 (215) 953-2722 ATTORNEY FOR DEFENDANT FRANCES LYNN FREUND Plaintiff VS. DAVID CHARLES FREUND Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA CIVIL ACTION -LAW CASE NO. 03-3281 1N DIVORCE PI~EI JMINARY OBJECTIONS TO THE HONORABLE, THE JUDGES OF TIlE SAID COURT: AND NOW, comes the Defendant, David C. Freund, by and through his Attorney, Robin C. Scolnick, Esquire, of Rovner, Allen, Rovner, Zimmerman and Nash, and files these Preliminary Objections to the Complaint in Divorce in the above entitled matter, and moves the Court to dismiss the Complaint or, in the alternative, transfer the matter to Bucks County, for the reasons set forth as follows: 1. The Court of Common Pleas of Cumberland County has no jurisdiction over the parties or the subject matter of this action as neither Plaintiff nor Defendant reside in Cumberland County as required by Pennsylvania Rule of Civil Procedure 1920.2(a)(1). Neither Plaintiff or Defendant is a resident of Cumberland County as neither has resided in Cumberland County for six months or more prior to Plaintiff's filing of the Divorce Complaint. 2. The Court of Common Pleas of Cumberland County has no jurisdiction over the parties or the subject matter of this action as Defendant h~,s not agreed in writing upon nor participated in the proceeding as required by Pennsylvania Rule of Civil Procedure 1920.2(a)(2)(I) and (ii). 3. Pursuant to Pa. R.C.P. 1920.6(a), the Court of Co~unon Pleas of Cumberland County has no jurisdiction over the parties or the subject matter of this action as: A. The parties resided in Bucks County duffng the pendency of the marriage. B. The parties marital property is located in Bucks County. C. Defendant continues to reside in the marital domicile in Bucks County with the minor Child. D There are issues of equitable distribution. All significant contacts to the parties and their marital assets, including the marital property, are located in Bucks County. E. Defendant filed a Divorce Complaint with the Court of Common Pleas of Bucks County on or about September 15, 2003. 4. The Court of Common Pleas, Bucks County, Pe~msytvania has jurisdiction over this action as both parties have initiated actions in separate counties within ninety (90) days of one another, and one of the counties is the location of the last marital domicile and one party continues to reside there. Pa.R.C.P. 1920.6(a). WHEREFORE, Defendant requests that the Plaintiff s Complaint be dismissed with prejudice or, in the alternative, transferred to the Court of Common Pleas of Bucks County, PA.  P,T J .EN, ROVNER, ZIMMERMAN ,/~ AND NASH \ ~bBIN C. SI~NIC~, ESQUIRE ~ttorney for Defendant Date: ROVNER, ALLEN, ROVNER, ZIMMERMAN AND NASH By: Kobin C. Scolnick, Esquire Identification Number: 80378 175 Bustleton Pike Feasterville, PA 19053 (215) 953-2722 ATTORNEY FOR DEFENDANT FRANCES LYNN FREUND Plaintiff VS. DAVID CHARLES FREUND Defendant COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, CIVIL ACTION -LAW CASE NO. 03-3281 1N DIVORCE PA MEMORANDUM OF LAW IN SUPPORT OF DEFENDANT'S pI~EISMINARY OBJECTIONS Plaintiff, Frances Lynn Freund, has filed a Complaint in Divorce against David Charles Freund in the Court of Common Pleas of Cumberiand County. Rule 1920.2 (VENUE) states: (a) The action, except a claim for custody, may be brought only in the county: (1) in which the plaintiff or the defendant resides, or (2) upon which the parties have agreed: (i) in a writing which shall be attached to the complaint, or (ii) by participating in the proceeding Plaintiff has not resided in Cumberland County for sb~ months prior to the filing of the Complaint. The parties resided in Bucks County during the pendency of their marriage and Defendant continue to reside in the marital domicile in Bucks County. Defendant has not agreed in writing to venue in Cumberl~md County and there is no writing attached to the Complaint attesting to such agreement as required by Rule 1920.2(a)(2)(I). Defendant has not participated in any proceeding relev~aat to this or any other matter in Cameron County as required by Rule 1920.2(a)(2)(ii). P a.R.C.P. 1920.6(a) states that, "If, within ninety days o~t' service of the complaint, a second action is brought in another county and one of the two counties is the county in which the last family domicile was located and in which one of the parties continues to reside, the court of the county of the last family domicile shall determine, based upon the purposes of the Divorce Code, which of the two actions shall be stayed and which shall proceed." Defendant filed a Divorce Complaint in the Court of Conunon Pleas of Bucks County on or about September 15, 2003, well within the ninety (90) day period required by the Rule. The last family domicile is located in Bucks County, Peunsylvania where the Defendant continues to reside with the parties' minor child. WItEREIeORE, Defendant requests that the Plaintiff's Complaint in Divorce be dismissed with prejudice or, in the alternative, transferred to the Court of Cummon Pleas of Bucks County, PA. .VNEK, ~J~EN, ROVNER, Z~ Date:~ ~Attorney f¢ r Defendant VERIFICATION ROBIN C. SCOLNICK, ESQUIRE, states the she is the attorney for the Defendant in the foregoing action and that she is authorized to take this Verification on behalf of the Defendant and that the facts set forth in the foregoing Preliminao' Objections are tree and correct to the best of her knowledge, information and belief, and that this statement is being made subject to the penalties of 18 Pa. C.S. Sec.4904, relating to unswom falsification to authorities. )BIN C. SCOLNICK, ESQUIRE HAROLD S. IRWIN, III, ESQUIRE A'I'rORN~Y ID NO. 2fl20 64 80UTH PII'F STREET CARLISLE PA 17010 (717) 243-e(~0 A'I'rORNBY FOR PLAINTIFF FRANCES L. FREUND, Plaintiff DAVID C. FREUND, Defendant .' IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 - 3281 CIVIL TERM : : IN DIVORCE PRAECIPE TO SETTLE AND DISCONTINUE To the Prothonotary: In light of the fact that defendant has filed his own divorce complaint in Sucks County, please settle and discontinue the above matter without prejudice to either party to proceed with the matter as flied in Sucks County or as they may otherwise deem appropriate. September 2~, 2003 /~tAtoRrOn eLyD fsO'r I ~~ 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Supreme Court ID No. 29920