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Home My WebLink About07-2038U MELINDA K. FOLTZ, Plaintiff VS. JAMES L. FOLTZ, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. O'r (21"'. L "-? : CIVIL ACTION - LAW : 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 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, 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 MELINDA K. FOLTZ, Plaintiff VS. JAMES L. FOLTZ, JR., Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. O7 a?a3P : CIVIL ACTION - LAW : IN DIVORCE COUNTI ?- lvcC COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Melinda K. Foltz, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Melinda K. Foltz, an adult individual who currently resides at 1170 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is James L. Foltz, Jr., an adult individual who currently resides at 212 Sunset Drive, Mount Holly Springs, Cumberland County, Pennsylvania 17065. 4. Plaintiff and Defendant are bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 46 5. The Plaintiff and Defendant were married on November 21, 1992 in Carlisle, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. Plaintiff has been advised that counseling is available and that plaintiff may have the right to request that the court require the parties to participate in counseling. 10. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant will also file such an Affidavit. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 11. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 12. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY, ALIMONY PENDENTE LITE, ATTORNEYS FEES, COSTS AND EXPENSES 13. Paragraphs 1 through 12 above are incorporated herein by reference. 14. Plaintiff is without sufficient income to adequately support herself to provide for her housing, daily needs and healthcare. 15. Plaintiff is without sufficient income to afford legal representation in this matter. 16. Defendant is employed by Dickinson College and can adequately provide for the financial support of Plaintiff and provide for her legal fees, costs and expenses in pursuing this matter. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. Awarding Alimony in favor of Plaintiff from Defendant in an amount of $1,000.00 per month. d. Directing Defendant to provide adequate healthcare insurance for the Plaintiff for an indefinite number of years, until such time that Plaintiff is able to provide for her own healthcare insurance; e. Awarding Plaintiff reasonable legal fees; f. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; g. For such further relief as the Court may determine equitable and just. Respectfully submitted, Dated I-,,! 10? By: L k - Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff Wk . . . . f 0 VERIFICATION I, Melinda K. Foltz, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: Mel nda K. Foltz h 71 L?,j p i w r- d -f rv C ;_r w or?? -n ul a?.J MELINDA K. FOLTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2038 JAMES L. FOLTZ, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 17th day of Ak 1 2007, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce was filed to the above term and number on April 13, 2007. 2. On April 13, 2007, a certified copy of the Complaint in Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. 3. On April 13, 2007, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit `A' and is incorporated herein by reference. 4. On or about April 17, 2007, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on April 16, 2007. Said receipt is attached hereto as Exhibit "B" and is incorporated herein by reference. Respectfully submitted, Mark A. Mateya, Squire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff U. S. POSTAL SERVICE CERTIFICATE F MAILIN MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: -rrjP, J_ AW FIRM Q. fox l '1 ? ?o)o,v& SARI??s A I7ao One piece of ordinary mail addressed to: ?, ?? 05 U NS ET? 71 /Z. ?Y1 a u.y? I? o?-1-y 5 Pei A)k: PA 10 3 C) ?C CD co ? H ?M 0 ota=>pzv? N= 3 ....C7Z7• .h•?f '' Giwlofl7??? N?i/?i 'CI?GN N? 'J GZ"1 L- cn PH .D PS Form 3817, Mar. 1989 C30:1M]INO C3 O ?• 0" m CIS' E ru m Ili Postage $ C3 O Certified Fee O O Retum Reciept Fee (Endorsement Required) O Restricted Delivery Fee 0 (Endorsement Required) t17 C3 Total Postage S Fees m $2.40 ?a\NGS 4 g 1. ? tC? Po.W4 HI3 r t.%, 71) A DES Fo1r'r7- R. N 3Yleet, Apt. No.j------------------------------------------------------------------------- or PO Box No. a l -54N-SE-T- -D1?, .. 54, - ---- ! ....................... .°..........._ . Slat +4 nTT /-?ot?? SPkW 66 1 ?lalos PS F-otrn 3800, June ,. • Complete items 1, 2, and 3. Also complete Item 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 malipiece, or on the front N space permits. 1. Article Addressed to: 'JA/Y)Es J- Fok-rX T& 'NsET??. 6PkW(rs) PA _. ?` l7olv5 A. Signature x4 46 ? Awn B. Fooetved by (Printed NwW I C. Date of DWWWy D. Is dWvery address dflfere d from Ibem 11 ? Yes If YES. eater deMery address below: ? No oi, Sere type )(Certiflsd Mail ? Expross Mail ? Paged ? Retttrn Receipt for MerorrsrtdNs ? Instmed Mail ? C.O.D. 4. Restricted Delivery? (Fiche Fee) V- 2 Article Number 7003 0500 0004 2325 9000 M wafer hwn swvtlce PS Form 3811, February 2004 Domestic Retum Receipt 102595-02 44-1540 Test Test MELINDA K. FOLTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2038 JAMES L. FOLTZ, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE PETITION FOR SPECIAL RELIEF AND NOW comes Plaintiff, Melinda K. Foltz, by and through her counsel, Mark A. Mateya, Esquire and in support avers the following: 1. The present matter was commenced by way of Plaintiff, Melinda K. Foltz filing a Complaint in Divorce on or about April 13, 2007. 2. The parties, by and through their respective counsel, have negotiated a portion of the equitable distribution. 3. Defendant, James Foltz and Plaintiff Melinda Foltz, agreed to sign all of the appropriate documentation for Plaintiff to liquidate her 401(k) account in exchange for an offset of equal value in favor of Defendant. 4. The aforementioned agreement was reached in leu of an appeal right Plaintiff was entitled to take regarding the support Order issued through the office of Cumberland County Domestic Relations on or about July 25, 2007. 5. Plaintiff's counsel forwarded to Defendant's counsel the appropriate paperwork to liquidate Plaintiff s 401(k) account on or about August 8, 2007. 6. Defendant has failed to follow through with his portion of the agreement, specifically signing the necessary documentation to allow Plaintiff to liquidate her 401(k) account. 7. The statutory time limit allowing Plaintiff to file an appeal of the Order resulting from the Domestic Relations hearing has since passed and Plaintiff has lost all chances to appeal said decision. 8. Plaintiff has negotiated in good faith. 9. Defendant believes and therefore avers that Defendant has no intention of signing the documentation to liquidate Plaintiff's 401(k), though he verbally agreed to do so. 10. There have been no previous hearings or Orders issued by any Judges in this Honorable Court. 11. Plaintiff's counsel has sought concurrence from Defendant's counsel in the filing of this Petition for Special Relief. Attorney Leslie Tomeo concurs with the filing of this Petition for Special Relief. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order as follows: 1. Direct Defendant to execute all documentation necessary to complete the liquidation of Plaintiff's 401(k) account; 2. Direct Defendant to pay Plaintiff's legal fees in the amount of $600.00, which fees represent the amount necessary for the prosecution of this Petition for Special Relief; 3. Such other relief as this Honorable Court deems necessary and just. Respectfully submitted, Date: k. Mark A. Mateya, Es re Attorney ID No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax MELINDA X FOLTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2038 JAMES L. FOLTZ, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE CERTIFICATE OF CONCURRENCE I, Mark A. Mateya, attorney for Plaintiff Melinda. K. Foltz spoke with the office of opposing counsel, Leslie Tomeo, Esquire, attorney for the Defendant, requesting her concurrence in the Plaintiff's Petition for Special Relief. Attorney Tomeo, concurs with the filing of the Petition for Special Relief. Respectfully submitted, Date: V q (k v --L? 4k ? A. Mateyali-- Mark re Attorney I.D. No. 78931 PO Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff CERTIFICATE OF SERVICE I, hereby certify that I have served a copy of the foregoing Pleading on the following person(s) by depositing a true and correct copy of the same in the United States Mail, first class, postage prepaid, at Boiling Springs, Cumberland County, Pennsylvania addressed to: Leslie Tomeo Esquire 35 E High Street Ste 204 Carlisle PA 17013 1"I k. kz? Mark A. Mateya, Esq PO Box 127 Boiling Springs, PA 17007 q (717) 241-6500 Dated: l ?? 6? 1 16 P S A rn cn cn f ' SEP 21200704 MELINDA K. FOLTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2038 JAMES L. FOLTZ, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW this Z- T day of 5r-CZZ - , 2007, upon consideration of the foregoing Petition for Special Relief, IT IS HEREBY ORDERED AND DECREED; 1. Defendant is ordered to execute any and all documentation necessary for Plaintiff s liquidation of Plaintiff's 401(k) account; 2. Plaintiff is hereby Ordered to pay Defendant's legal fees in the amount of $600.00, which fees represent the amount necessary for the prosecution of this Petition for Special Relief. 3. Such other relief as this Honorable Court deems necessary and just. BY THE COURT: er,? - /it 0 01 0 t? { I .` 1_? cj- LCZ 'i ',u All MELINDA K. FOLTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2038 JAMES L. FOLTZ, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on April 13, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswbrn falsification to authorities. DATED: 91-31 o y '0-1 Am 9 A, -/' J es L. Foltz, Jr. Defendant C) r.- n-l-" -75 5; MELINDA K. FOLTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2038 JAMES L. FOLTZ, JR., Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsw falsification to authorities. DATE _ . T! ? r e f _ f Ph t7 _aFr' MELINDA K. FOLTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-2038 JAMES L. FOLTZ, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on April 13, 2007. I 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) d?ys i have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intent?on to request entry of the decree. I, 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.S. §4904 relating to unsworn falsification to authorities. DATED: c CZ) e Q MELINDA K. FOLTZ, Plaintiff VS. JAMES L. FOLTZ, JR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-2038 : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER & 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. DATE Z / log `-'12` Me nda K. Foltz Plaintiff r?r't - C?rf -rt 130 ° C 0 .1^ MELINDA K. FOLTZ, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLV VS. : NO. 07-2038 JAMES L. FOLTZ, JR., : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on April 13, 2007. 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 Plaintiff Februpa 4. 2008 ; by Defendant February 3, 2008 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with prothonotary: simultaneously herewith. 0 Date defendant's Waiver of Notice in §3301(c) Divorce was filed with prothonotary: simultaneously herewith. Each party has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. OV'Lk - 4 Mark A. Mateya, P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff ?? -rt .... ^?t [ ??. ,,,,? ^"4'? S'1 ...... ? f ? ? .?. y ?` ` ?"?` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MELINDA K. FOLTZ .. ;;? VERSUS JAMES L. FOLTZ, JR. No. 2038 DECREE IN DIVORCE 2007 AND NOW, /?t.(..? ... Zv ZooB , IT IS ORDERED AND DECREED THAT MELINDA K. FOLTZ PLAINTIFF, AND JAMES L. FOLTZ, JR. DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; "N'- PROTHONOTARY i