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ALAN D. JAMES,
Plaintiff
VS.
ROSE MARIE A. JAMES,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99- 7Vr CIVIL TERM
IN DIVORCE
You have been sued in court. If you wish to defend against the claims set forth in the
foregoing pages, you must take prompt action. You are warned that if you fail to do so, the
case may proceed without you and a decree in divorce or annulment may be entered against
you by the court. A judgment may also be entered against you for any other claim or relief
requested in these papers by the plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the 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 at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
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
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone: (717) 249-3166
ALAN D. JAMES, 1 IN THE COURT OF COMMON
Plaintiff ? PLEAS OF CUMBERLAND COUNTY,
1 PENNSYLVANIA
1
VS. 1 CIVIL ACTION - LAW
1
1 NO. 99- spy CIVIL TERM
ROSE MARIE A. JAMES, ?
Defendant 1 IN DIVORCE
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in a divorce proceeding filed in
the Court of Common Pleas of Cumberland County. This notice is to advise you that in
accordance with Section 3302(d) of the Divorce Code, you may request that the court
require you and your spouse to attend marriage counseling prior to a divorce being handed
down by the court. A list of professional marriage counselors is available at the Domestic
Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this
list is kept as a convenience to you and you are not bound to choose a counselor from this
list. All necessary arrangements and the cost of counseling sessions are to be borne by you
and your spouse.
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a
waiver of your right to request counseling.
2
ALAN D. JAMES,
Plaintiff
VS.
ROSE MARIE A. JAMES,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99- 6-7Yt CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the above-named Plaintiff, ALAN D. JAMES, by his attorney,
Samuel L. Andes, and makes the following Complaint in Divorce:
1. The Plaintiff is ALAN D. JAMES, an adult individual who currently resides at 1518
St. James Circle, Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant is ROSE MARIE A. JAMES, an adult individual who currently
resides at 1518 St. James Circle, Mechanicsburg, Cumberland County, Pennsylvania.
3. Both the Plaintiff and Defendant have been bona fide residents of the Common-
wealth of Pennsylvania for at least six months immediately previous to the filing of this
Complaint.
4. The Plaintiff and Defendant were married on 19 July 1969 in New Brighton,
Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties.
6. This marriage is irretrievably broken.
3
7. 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.
8. The Plaintiff requests this Court to enter a Decree of Divorce.
WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the
Divorce Code of Pennsylvania.
I verify that the statements made in this Complaint are true and correct. I understand
that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904
(unsworn falsification to authorities).
i
DATE:
ALAN D. JAMES
- J
Sa ua L. And
Attorney for Plaintiff
Supreme Court ID 17225
525 North 12th Street
Lemoyne, PA 17043
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ALAN D. JAMES,
Plaintiff
Vs.
ROSE MARIE A. JAMES,
Defendant
IN THE COURT OF COMMON
PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 99-5748 CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
Please enter my appearance for the Defendant, Rose Marie A. James. I
hereby accept service of the Complaint in this matter on her behalf and
acknowledge receipt of a copy of that said Complaint.
Date: 9 17
Z7
Constance P. Brunt, Esquire
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ALAN D. JAMES, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. : CIVIL ACTION -LAW
: NO. 99 - 5748 CIVIL TERM
ROSE MARIE A. JAMES,
Defendant IN DIVORCE
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 are warned that if you fail to do
so, the case may proceed without you and a decree of divorce or annulment may be entered
against you by the Court. A judgment may also be entered against you for any other claim or
relief requested in these papers by the Plaintiff. You may lose money or property or other rights
important to you, including custody or visitation of your children.
When the ground for the divorce is indignities or irretrievable breakdown of the marriage,
you may request marriage counseling. A list of marriage counselors is available in the
Prothonotary's Office, Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
ALAN D. JAMES, : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff
V. CIVIL ACTION -LAW
NO. 99 - 5748 CIVIL TERM
ROSE MARIE A. JAMES,
Defendant : IN DIVORCE
ANSWER AND COUNTERCLAIM
AND NOW, comes the Defendant, ROSE MARIE A. JAMES, by and through her
counsel, CONSTANCE P. BRUNT, ESQUIRE, and answers the Plaintiffs Complaint as
follows:
ANSWER
1. Admitted.
2. Admitted.
3. Admitted.
4. Admitted.
i
5. Admitted.
6. Denied. It is specifically denied that the marriage is irretrievably broken.
On the contrary, Defendant avers that there is a reasonable prospect of reconciliation.
7. After reasonable investigation, Defendant is without knowledge or
information sufficient to form a belief as to the truth of the allegations. The same are therefore
specifically denied.
8. Admitted.
WHEREFORE, Defendant requests this Honorable Court to dismiss Plaintiffs Complaint
without cost to her.
COUNTERLCLAIM
COUNTI
REQUEST FOR ALIMONY PENDENTE LITE COUNSEL FEES,
COSTS AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE ODE
9. The Counterclaim Plaintiff is ROSE MARIE A. JAMES, an adult individual, who
currently resides at 1518 St. James Circle, Mechanicsburg, Cumberland County, Pennsylvania.
10. The Counterclaim Defendant is ALAN D. JAMES, an adult individual, who
currently resides at 1518 St. James Circle, Mechanicsburg, Cumberland County, Pennsylvania.
11. The Counterclaim Plaintiff and Counterclaim Defendant have been bona fide
residents in the Commonwealth for at least six (6) months immediately previous to the filing of
this Counterclaim.
2
12. The Counterclaim Plaintiff and Counterclaim Defendant were married on July 19,
1969, in New Brighton, Pennsylvania.
13. Counterclaim Plaintiff is without sufficient assets and income to support herself or
to pay her attorney's fees and the costs and expenses of this action.
14. Counterclaim Defendant has sufficient earning capacity to support the
Counterclaim Plaintiff and to pay the Counterclaim Plaintiffs attorney's fees and the costs and
expenses of this action.
15. Counterclaim Plaintiff requests the Court to order the Counterclaim Defendant to
support the Counterclaim Plaintiff during the pendency of this action and to pay Counterclaim
Plaintiffs counsel fees, expenses and the costs of this action, pursuant to Section 3702 of the
Divorce Code.
COUNT II
REQUEST FOR ALIMONY UNDER SECTION 3701 p1
OF THE DIVORCE CODE
16. The averments in Paragraphs 9 through 12 inclusive of Count I are specifically
incorporated by reference as though fully set forth hereinafter.
3
17. Counterclaim Plaintiff lacks sufficient property to provide for her reasonable
needs.
18. Counterclaim Plaintiff is unable to sufficiently support herself through appropriate
employment.
19. Counterclaim Defendant has sufficient property, assets, and income to provide
continuing support for the Counterclaim Plaintiff.
20. Counterclaim Plaintiff requests the Court to order the Counterclaim Defendant to
pay alimony to Counterclaim Plaintiff pursuant to Section 3701 of the Divorce Code.
COUNT III
REQUEST FOR EOUITABLE DISTRIBUTION OF MARITAL
PROPERTY UNDER SECTION 3502(a) OF THE DIVORCE CODE
21. Paragraphs 9 through 12 inclusive of Count 1 are specifically incorporated by
reference as though fully set forth hereinafter.
!h
22. Counterclaim Plaintiff and Counterclaim Defendant have individually or jointly {
acquired real and personal property during the marriage, in which they individually or jointly
have a legal or equitable interest, which marital property is subject to equitable distribution.
4
23. Counterclaim Plaintiff requests the Court to determine and equitably distribute,
divide or assign said marital property, pursuant to Section 3502(a) of the Divorce Code.
WHEREFORE, Counterclaim Plaintiff prays your Honorable Court to enter an
Order as follows:
(a.) Directing Counterclaim Defendant to pay Counterclaim Plaintiff alimony
pendente lite, counsel fees, costs and expenses arising out of this action;
(b.) Directing Counterclaim Defendant to pay Counterclaim Plaintiff support
and alimony;
(c.) Equitably distributing, dividing or assigning the marital property of the
parties
(d.) Granting such further relief as the Court may determine appropriate and
just.
DATED: 1rjl t ?W
Respectfully submitted,
Z-Z
Constance P. Brunt, Esquire
Supreme Court I. D. No. 29933
2941 North Front Street
Harrisburg, PA 17110
(717) 232-7200
Attorney for
Defendant/Counterclaim Plaintiff
5
VERIFICATION
I verify that the statements made in the foregoing Answer and Counterclaim are
true and correct based upon my personal knowledge, information and belief. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to
unswom falsification to authorities.
DATED: A?- ctF, / 49 9
R SE MARIE A. JAMES, efendant
and Counterclaim Plaintiff
`r<4
CERTIFICATE OF SERVICE
I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the S6 day of6f -
1999, I served a true and correct copy of the foregoing ANSWER AND COUNTERCLAIM, by
depositing same in the United States Mail, first-class postage prepaid, at Harrisburg,
Pennsylvania, addressed as follows:
Samuel L. Andes, Esquire
525 North Twelfth Street
Lemoyne, PA 17043
Attorney for Plaintiff/
Counterclaim Defendant
2,?2t._
CONSTANCE P. BRUNT, ESQUIRE
2941 North Front Street
Harrisburg, PA 17110
(717) 232-7200
Attorney for Defendant/Counterclaim
Plaintiff
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ALAN D. JAMES, 1 IN THE COURT OF COMMON
Plaintiff ) PLEAS OF CUMBERLAND
COUNTY, PENNSYLVANIA
Vs.
ROSE MARIE A. JAMES,
Defendant
CIVIL ACTION - LAW
NO. 99-5748 CIVIL TERM
IN DIVORCE
TO THE PROTHONOTARY:
Please withdraw the Complaint filed in this matter by the Plaintiff, Alan D. James and
the Answer and Counter-Claim filed by the Defendant, Rose Marie A. James.
Date: 12 6e6 'a,
Data:
5bmcdl L. Andes
Attorney for Plaintiff
vi,
Constance P. Brunt
Attorney for Defendant
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