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HomeMy WebLinkAbout07-4880 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 ("717) 234-3136 Attorney for Plaintiff DARRYL ANDERSON, Plaintiff v. . EVIE ANDERSON, Defendant IN THE COURT OF'COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07 - 488a C~u~( I ~crM CIVIL ACTION - LAW 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Dauphin County Courthouse, Front and Market Streets, Harrisburg, Pennsylvania 17101. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 OR (800) 990-9108 KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DARRYL ANDERSON, . Plaintiff v. EVIE ANDERSON, . Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW DIVORCE © 7' yFPb C_.Gt~ ~~~ COMPLAINT FOR DIVORCE COUNT I Request for a No-fault Divorce Under 53301(c) of the Domestic Relations Code 1. Plaintiff is DARRYL ANDERSON, who currently resides at 407 Hillside Road, New Cumberland, Cumberland County, PA 17070. 2. Defendant is EVIE ANDERSON, who is currently residing with her parents at R.R. #1, Box 39, New Albany, PA 18833, with a mailing address at that same address, in care of Douglas Hawtala. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 3, 1999 in Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to § 3301(c) of the Domestic Relations Code. COUNT II Request for a Fault Divorce under ~ 3301(a) of the Domestic Relations Code 8. Plaintiff hereby incorporates Paragraphs 1 through 7 of his Complaint as if fully set forth herein. 9. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render his condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests this Court to enter a Decree of Divorce pursuant to § 3301(a) of the Domestic Relations Code. COUNT III Request for Equitable Distribution of Marital Property Under 63502 of the Domestic Relations Code 10. Plaintiff hereby incorporates Paragraphs 1 through 9 of his Complaint as if fully set forth herein. f ~ ~ . Y 11. The parties are owners of marital property subject to equitable distribution. 12. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties and the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order of Equitable Distribution of marital property and marital debts pursuant to §3502 of the Domestic Relations Code. DATED: 8/15/07 ~ . KE E F. LEWIS, ESQUIRE At orney for Plaintiff I.D. #69383 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby 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 unsworn falsification to authorities. ~- Dated: 8/15/07 DARRYL ANDERSON ~, ~_-, ; , c~ ~ =r ~ ~ _ c ; _ ~~ om''-- t _ ~~ ~ d ~ , U~ ~ `~ ~~ , r, D -' =! _` rea c7, ~p -c • e ~ KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DARRYL ANDERSON, Petitioner v. EVIE ANDERSON, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND CO/UNT~Y, PENNSYLVANIA NO. ~~~~~ ClV /G~/h CIVIL ACTION - LAW DIVORCE PLAINTIFF'S EMERGENCY PETITION FOR SPECIAL RELIEF REQUESTING SOLE POSSESSION OF MARITAL HOME 1. Petitioner is DARRYL ANDERSON, who currently resides at 407 Hillside Road, New Cumberland, Cumberland County, PA 17070. 2. Respondent is EVIE ANDERSON, who is currently residing with her parents at R.R. #1, Box 39, New Albany, PA 18833, with a mailing address at that same address, in care of Douglas Hawtala. 3. Petitioner has filed a divorce complaint concurrent with this Petition. 4. Petitioner filed a custody complaint on July 3, 2007, docketed to 07-4012 (Cumberland County), along with an emergency petition to obtain sole physical custody of the parties° three-year old child, VIENNE ANDERSON. The Honorable Judge Guido granted a temporary Order giving sole physical custody to Petitioner. 5. Respondent has been suffering from extremely serious, long-standing alcohol & psychiatric issues that have been intensifying for the last several months. 6. Respondent was absent at the conciliation as she had more relapses and was staying in-patient at a rehabilitation center. An Order is in the process of being entered continuing Petitioner's sole physical custody, with Respondent being limited to supervised visits. 7. The following are incidents related to Respondent's downward spiral regarding alcohol abuse: a) In March of 2007, Respondent threatened to kill herself and was taken to Holy Spirit Hospital, where she spent one week in the behavioral health ward. b) In May of 2007, Respondent was treated in- patient at White Deer Run for three weeks under the dual diagnosis of alcohol abuse and depression. c) On or about June 13, 2007, Respondent was involuntarily committed to Holy Spirit Hospital (then to PhilHaven the following day). She remained in PhilHaven until on or about June 22, 2007. d) The stay referred to immediately above was prompted when Petitioner left the marital home for approximately two hours for work and returned home to find Respondent highly intoxicated and bleeding. She was caring for the child at that time. e) On July 26, 2007, Wife tried to commit suicide again by taking a full bottle of prescription sleeping pills and was taken to Lancaster General Hospital, where she stayed until approximately August 3, 2007. f) On approximately August 4, 2007, one day after leaving Lancaster General Hospital, Respondent, unable to refrain from alcohol abuse, entered another rehabilitation center, Pyramid Healthcare, in Altoona, PA 16603. g) On August 11, 2007, Respondent checked herself out of the rehabilitation center prematurely (and against medical advice) and went to the marital home. h) On August 13, 2007, Petitioner returned to the marital home with the parties' 3 year old child to find Respondent passed out at the front door (her BAC was .38~). Three used condoms were found. Respondent was taken to Holy Spirit Hospital and kept overnight, at which time Respondent's sister took her to stay with her parents approximately 2 and 1/2 hours from the marital home. 8. While in PhilHaven in June of 2007, Respondent met another patient (later discovered to be Timothy Hearn) who was being treated "in-patient." Petitioner has been told his treatment was for depression, but does not know for sure. What is known is that this person has been harassing Petitioner and the police have been involved on several occasions. He has had several telephone calls with Petitioner to advise him that he is sleeping with his wife; that he knows what Petitioner looks like, but that the Petitioner does not know what he looks like; that he was sitting behind him in church, etc.). 9. Respondent, when not in hospitals or rehabilitation centers, had been spending most nights with Mr. Hearn, though she spent some evenings with Petitioner in the marital home. 10. Respondent's presence at the marital home is clearly a danger to both Petitioner and the child. Respondent is clearly a danger to herself and others. WHEREFORE, Husband respectfully requests the Court grant him interim sole possession of the marital home. Respectfully submitted, DATE: 8/15/07 6~,(Y~i KEN~ETH~F. LEWIS, ESQUIRE Att me for Petitioner/Defendant 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby 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 unsworn falsification to authorities. Dated: 8/15/07 ~\~~~ DARRYL ANDERSON CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document, by First Class U.S. Mail, to the respondent addressed as follows: Ms. Evie Anderson c/o Mr. Douglas Hawtala R.R. #1, Box 39 New Albany, PA 18833 DATED: 8/17/07 KENN~TH ~'. LEWIS, ESQUIRE Attorney for Petitioner C --~, -n -. ,`;' x,. ~ ~ -,- _ ~ - c•y t=r9 _ r- T ~. ' ' y Y~ ---! , , -- ~ ~ _r., - -? C~ ~ ;~{ w \ '~_ AUG $82007~Y DARRYL ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLJ~A(N~DJnn C/O'UNTY, PENNSYLVANIA v. NO.O~~-/ D DV ~Y Te/M CIVIL ACTION - LAW EVIE ANDERSON, Defendant CUSTODY ORDER OF CO AND NOW, this ~ ~~ day of August, 2007, upon consideration of the Petition for Special Relief requesting sole possession of the marital home, it is hereby ORDERED that: 1. Darryl Anderson is g"ranted temporary exclusive possession of the marital home, located at 407 Hillside Road, New Cumberland, Cumberland County, PA 17070. 2. A Rule is entered upon Evie Anderson to show cause why Darryl Anderson should not be granted exclusive. possession of the home pending further Order of Court, the sale of the home or written agreement of the parties. Rule returnable within ~ y days of service. THE COURT: J. ~t B ION enneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 ,,Ervie Anderson, c/o Mr. Douglas Ha ala, R.R. #1, Box 39, New Albany, PA 18833~w ;~ ~~ key ~a~~~1~~~;~;~.1; ~ ~P3f1~ ~ ter. : _~~ ~t ~ ~ ;Z ~~ LZ ~~~ ~aDZ h~SS~1.Gi ~~'~~,~ ~-~- CJ3~11~~ ~fl ~~~~;_ iw .. '• . r KENNETH F. LEWIS, ESQUIRE Attorney I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff DARRYL ANDERSON, Petitioner v. EVIE ANDERSON, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. ~~~~~ CIV /fr~~ CIVIL ACTION - LAW DIVORCE PLAINTIFF'8 EMERG~iCY PETITION FOR BPECIAL RELIEF REOII88TINa 8OL8 POSSESSION OF MARITAL HOME 1. Petitioner is DARRYL ANDERSON, who currently resides at 407 Hillside Road, New Cumberland, Cumberland County, PA 17070. 2. Respondent is EVIE ANDERSON, who is currently residing with her parents at R.R. #1, Box 39, New Albany, PA 18833, with a mailing address at that same address, in care of Douglas Hawtala. 3. Petitioner has filed a divorce complaint concurrent with this Petition. 4. Petitioner filed a custody complaint on July 3, 2007, docketed to 07-4012 (Cumberland County), along with an emergency petition to obtain sole physical custody of the parties' three-year old child, VIENNE ANDERSON. The Honorable Judge Guido granted a temporary Order giving sole physical custody to Petitioner. 5. Respondent has been suffering from extremely serious, long-standing alcohol & psychiatric issues that have been intensifying for the last several months. 6. Respondent was absent at the conciliation as she had more relapses and was staying in-patient at a rehabilitation center. An Order is in the process of being entered continuing Petitioner's sole physical custody, with Respondent being limited to supervised visits. 7. The following are incidents related to Respondent's downward spiral regarding alcohol abuse: a) In March of 2007, Respondent threatened to kill herself and was taken to Holy Spirit Hospital, where she spent one week in the behavioral health ward. b) In May of 2007, Respondent was treated in- patient at White Deer Run for three weeks under the dual diagnosis of alcohol abuse and depression. c) On or about June 13, 2007, Respondent was involuntarily committed to Holy Spirit Hospital (then to PhilHaven the following day). She remained in PhilHaven until on or about June 22, 2007. d) The stay referred to immediately above was prompted when Petitioner left the marital home for approximately two hours for work and returned home to find Respondent highly intoxicated and bleeding. She was caring for the child at that time. e) On July 26, 2007, Wife tried to commit suicide again by taking a full bottle of prescription sleeping pills and was taken to Lancaster General Hospital, where she stayed until approximately August 3, 2007. f) On approximately August 4, 2007, one day after leaving Lancaster General Hospital, Respondent, unable to refrain from alcohol abuse, entered another rehabilitation center, Pyramid Healthcare, in Altoona, PA 16603. g) On August 11, 2007, Respondent checked herself out of the rehabilitation center prematurely (and against medical advice) and went to the marital home. h) On August 13, 2007, Petitioner returned to the marital home with the parties' 3 year old child to find Respondent passed out at the front door (her BAC was .38$). Three used condoms were found. Respondent was taken to Holy Spirit Hospital and kept overnight, at which time Respondent's sister took her to stay with her parents approximately 2 and 1/2 hours from the marital home. 8. While in PhilHaven in June of 2007, Respondent met another patient (later discovered to be Timothy Hearn) who was being treated "in-patient." Petitioner has been told his treatment was for depression, but does not know for sure. What is known is that this person has been harassing Petitioner and the police have been involved on several occasions. He has had several telephone calls with Petitioner to advise him that he is sleeping with his _,. ,... wife; that he knows what Petitioner looks like, but that the Petitioner does not know what he looks like; that he was sitting behind him in church, etc.). 9. Respondent, when not in hospitals or rehabilitation centers, had been spending most nights with Mr. Hearn, though she spent some evenings with Petitioner in the marital home. 10. Respondent's presence at the marital home is clearly a danger to both Petitioner and the child. Respondent is clearly a danger to herself and others. Husband respectfully requests the Court grant him interim sole possession of the marital home. Respectfully submitted, DATE: 8/15/07. KEN~ETH~F. LEWIS, ESQUIRE Att me for Petitioner/Defendant 1101 N. Front St. Harrisburg, PA 17102 (717) 234-3136 VERIFICATION I hereby 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 unsworn falsification to authorities. Dated : 8 / 15 / 07 ~\~i~/~~ DARRYL ANDERSON vn• • CERTIFICATE OF SERVICE I hereby certify that I have this day served a copy of the foregoing document, by First Class U.S. Mail, to the respondent addressed as follows: Ms. Evie Anderson c/o Mr. Douglas Hawtala R.R. ~1, Box 39 New Albany, PA 18833 r DATED: 8/17/07 KENN~TH ~'. LEWIS, ESQUIRE Attorney for Petitioner c~ ~ ~ ~i ~. -~a .. ~~ f `' ~ ~ ~ nz ~ r . ~ ^° -±n 1'3`3 i...~ ...j_ ~~ # t L~ DARRYL ANDERSON, Petitioner v. EVIE ANDERSON, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4880 Civ Term CIVIL ACTION - LAW DIVORCE AFFIDAVIT OF SERVICE I certify I have served the Divorce Complaint upon the Defendant, Evie Anderson, who received it on August 21, 2007 as evidenced by the return receipt below. DATED: 8/28/07 KENN TH LEWIS, ESQUIRE I.D. #69383 1101 North Front Street Harrisburg, PA 17102 (717) 234-3136 Attorney for Plaintiff ~t~w~ an Mi ~t ~i- are y1~ru 1M crrM t~ e• aiit~+.1~t It .~~ . ~,3an iag~ ~t rre.a~rr r ~rlrl.w ~.Mw: .~___ U ~ r~ ~ z~' . ~:: ~ <'~ t~ ~ C f _,. i ~_~ ~ ~ --:_ ....... ... ...-., ... xs... N DARRYL ANDERSON, Plaintiff v. EVIE ANDERSON, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.: 07-4880 CIVIL ACTION -LAW IN DIVORCE Please enter my appearance as attorney in the above-captioned action for the Defendant, EVIE ANDERSON, per her request. submitted, Date: ~ , 2007 G ~~. Sluzis c gi & Scaringi, P.C. Attorney ID #43829 2000 Linglestown Road, Suite 106 Harrisburg, Pennsylvania 17110 (717) 657-7770 fr nk cc~law_c~m v DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• : NO.: 07-4880 EVIE ANDERSON, :CIVIL ACTION -LAW Defendant : IN DIVORCE I, Mary L. Snyder, Law Clerk for the Law Firm of Scaringi & Scaringi, P.C., hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Appeazance by placing said Praecipe in the United States Regular Mail, postage prepaid to the following person at the following address and on the date set forth below: Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 Mary L. Snyder Date: 2007 ~ Ga ~- '+D ~ t ~ G ...p C; ~` G Z V? . r DARRYL ANDERSON, Petibt®ner v. EVIE ANDERSON, Reapondatt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO.07-4$80 CIV TERM CIVIL ACTION -LAW DIVORCE Defendant/Respondent, Evie Anderson, by and thmugh her attorneys, Scaringi & Scaringi, P.C., respectfully answers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted in part, denied in part. It is admitted that Petitioner filed a custody complaint and emergency petition on July 3, 2007. It is denied Petitioner was granted sole physical custody of the parties' minor child. On the contrary, the Court granted Petitioner temporary physical custody of the parties' minor child pending a custody conciliation. 5. Denied. 6. Denied. It is denied the Respondent was absent at the conciliation because she had more relapses and was staying in-~tient at a rehabilitation center. On the contrary, Respondent was absent at the conciliation due on the part of fraud and misrepresentation of Petitioner. Petitioner advised Respondent that ., ... , "- 1~ ... ~r •.~1' i..~u.Miwwne~.+/~i 1S~P i,Iy~ ~t~'rk Mrn~ ~~.~nt+w~~ ~'~A} t li S f`r~ is 1 ~i~µ~W.u...r~~, ~, key ~ ~4„~ t~T J~~ ~ .`~ ,~" < ~',~ ~ § i ~': of d+'~' " . .. ~ J~:E. .., s .,~i! ~i:it l?~11?.~;,ttj 2: ,,.. ...3 ~- t~?i: ". :•~.' ... At,. ':? 1'x,16 +. ,t.i . .. i .. r.. 4' r ".Fy , ti he was discontinuing the custody action and canceling the conciliation. Respondent relied upon the representations of Petitioner and did not appear at the conciliation expecting same to be cancelled. Instead, Petitioner attended the conciliation all to the detriment of Respondent. 7. a-h. Denied. 8. Denied in part. It is denied that Respondent met Timothy Hearn while being inpatient at PhilHaven. As to the remaining averments, Respondent after reasonable investigation is without lrnowledge or information sufficient to form a belief as to the truth ofthe- averment; therefore, said averment is denied and strict proof thereof is demanded at time of trial, if relevant. 9. Denied. 10. Denied. WHEREFORE, Petitioner prays your Honorable Court to deny and dismiss with prejudice Plaintiff s Emergency Petition for Special Relief Requesting Sole Possession of Marital Home. Respectfiilly submitted, P.C. By: F C. Sluzis, Esquire ey for Petitioner A ID# 43829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: ('717) 657-7770 Fax: (71?) 657-7797 Email: ~1e.:: S. .., . . .. ~ .9r-.its".`... .... ..-t,-`" e..5v ~~~: ~~.+::iE, i`? _,t':ii,t { ;~."':i d _q.Ii {a. .9`Ji _i .r .. ° w~£':, [ ., .~ ,.3',%~~~~~~. .. ±~F~~ ..F.~; .4 ,. :~, '..~i y~ .. js tFl ~~_., ., ~ ~;', 3:~5~...~ .~rf, ..1 ».11k~~. . .. `L. ~ .i. .f,6..... ,~ ...:j ....I; ." biro 5~,r...':.+ .. ~t ir;r', r... .~ .. €~'..: ... ...., 1 .. ~...,,"I # . . ' i ~~ .. ,~ ~. ~. .. _ .. .. ?.ri Vii; . .r .l ii e~;f'. ~. ~ ,..>t ~ . ~.: z .i }FYi: d 'S~> iJ~.., A.C'Jf. ~~ ?,£;' `tzl3i~'~+r~r{'.~~. Ya ?, ,"~ '~", t`}tif'. ~iY~~,3 ~.~..iK ~.k9'!f e, ?x?1:`c.i,, .. s~~~:;` 'fs- ~ ~ r .~.:~; . «f~i ,t.,~"z ! ;'I~ift,'~i., 9,=4n+...~±'1~..?~{.:~'iF", ,,~.,•. i ti I verify that the facts set forth in the foregoing pleading aze true and correct to the best of my knowledge, information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. Date: /~ ~ DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Pctltivner :CUMBERLAND COITNI'Y, PENNSYLVANIA v. NO.47-488A CIV TERM CIVIL ACTION -- LAW EVIE ANDERSON, Respondent :DIVORCE CE,~~F SATE OF SERVICE AND NOW, this ~,y of September, 204?, I, Frank C. Sluzis, Esquire, do hereby state that I served a true and correct copy of the foregoing document upon the following individual in the manner indicated: Kenneth F. Lewis, Esquire 1101 North Front Sheet Harrisburg, PA 17102 ,.. , '` , ~ ,d 9 i ,~ 7 1'`} ,eft. '~ 7'Y- ~,a .e. „ ... . ~A !e ., ~... /L a .,. r sFl Ff vl~~.~ ~ 1 .,~!_1 Y r ~ J i..~. D~.~ it ( eat ,. d ._ ~ .. t j~.. . ;' ~~1 ~ , S:,t .,~~ .~~ Cdr r. ~~;1 .. .~`. ._ .~ ~. ~xk .r .i ~`~.,d ~, f.+ S ~1~. ~t°: ~'`~.+ k.r :~ w .~ ~, ~ _ , .,_.~. i e 7- DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4880 CIV TERM CIVIL ACTION -- LAW EVIE ANDERSON, . Defendant :DIVORCE ANSWER TO COMPLAINT IN DIVORCE Defendant, Evie Anderson, by and through her attorneys, Scaringi & Scaringi, P.C., respectfully answers as follows: COUNTI 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. It is denied that the marriage is irretrievably broken. 7. After reasonable investigation Defendant is without knowledge or information sufficient to form a belief as to the truth of the averment; therefore, said averment is denied and strict proof thereof is demanded at trial, if relevant. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss with prejudice Count I of Plaintiff s Complaint. COUNT II t 8. The answers to Paragraphs 1 through 7 are incorporated by reference as though fully set forth herein. 9. Denied. It is denied that Defendant has offered such indignities to Plaintiff as to render his condition intolerable and life burdensome. It is further denied that Plaintiff is the innocent and injured spouse. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss with prejudice Count II of Plaintiffs Complaint. COUNT III 10. The answers to Pazagraphs 1 through 9 aze incorporated by reference as though fully set forth herein. 11. Admitted. 12. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to equitably divide the marital estate of the parties. Respectfully submitted, P.C. l ~ ' By: Fr C. Sluzis, Esquire ttorney for Petitioner PA ID# 43829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frank(~scarin~?ilaw.com DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-4880 CIV TERM CIVIL ACTION -- LAW EVIE ANDERSON, Defendant :DIVORCE CERTIFICATE OF SERVICE ,!'~ AND NOW, this~~ day of September, 2007, I, Frank C. Sluzis, Esquire, do hereby state that I served a true and correct copy of the foregoing document upon the following individual in the manner indicated: VIA, FIRST CLASS U.S. MAIL. POSTAGE PRE-PAID Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 Sluzis, Esquire ~~ --r I verify that the facts set forth in the foregoing pleading aze true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4944, relating to unsworn falsification to authorities. Date: ~ ~ d v- v a s DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4880 CIV TERM CIVIL ACTION -- LAW EVIE ANDERSON, Defendant :DIVORCE PETITION TO LIST MATTER FOR HEARING Defendant, Evie Anderson, by and through her attorneys, Scaringi & Scaringi, P.C., respectfully answers as follows: 1. On or about August 17, 2007 an Emergency Petition for Special Relief Requesting Sole Possession of the Marital Home was filed by the Plaintiff. 2. An Order was issued on August 27, 2007 granting temporary exclusive possession of the marital home to the Plaintiff. 3. A Rule to show cause was entered upon the Defendant why the possession of the home should not be granted to Plaintiff. Rule was returnable within 20 days of service. 4. On September 12, 2007, Defendant filed an Answer to the Emergency Petition. 5. Defendant is requesting that a hearing on this matter be scheduled. WHEREFORE, Defendant respectfully requests this Honorable Court schedule a hearing on the Emergency Petition for Sole Possession of the Marital Home. Respectfully submitted, inai, P.C. Fr c C. Sluzis, Esquire ttornev for Petitioner PA ID# 43829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: franknscaringilaw.com DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-4880 CIV TERM CIVIL ACTION -- LAW EVIE ANDERSON, Defendant :DIVORCE CER IFICATE OF SERVICE AND NOW, thi ~ .~ day of October 2007, I, Mary L. Snyder, Law Clerk for Scaringi & Scaringi, do hereby state that I served a true and correct copy of the foregoing document upon the following individual in the manner indicated: VIA FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 i Mary L. S er C } c~...~ O ~ ?~:: ~ Z ".~ ,' i t . ~ -~ Y .. A:? ~,. ~ .I,. ^( ~4 .T ~ t DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4880 CIV TERM CIVIL ACTION -- LAW EVIE ANDERSON, . Defendant :DIVORCE AMENDMENT TO PETITION TO LIST MATTER FOR HEARING Defendant, Evie Anderson, by and through her attorneys, Scaringi & Scaringi, P.C., respectfully remits this Amendment to Petition to List Matter For Hearing that was filed with the Cumberland County Prothonotary on October 24, 2007: 6. A final Order has not been entered with regard to the Emergency Petition for Special Relief Requesting Sole Possession of the Marital Home. 7. The undersigned counsel has conferred with Kenneth F. Lewis, Esquire. 8. Attorney Lewis concurs with this request for a hearing. WHEREFORE, Defendant respectfully requests this Honorable Court schedule a hearing on the Emergency Petition for Special Relief Requesting Sole Possession of the Marital Home. Respectfully submitted, Scari~i &,~ca~ingi, P.C. r ~ By: ~. Fr `C. Sluzis, Esquire rney for Petitioner PA ID# 43 829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 Fax: (717) 657-7797 Email: frank(r.~,scaringilaw.com DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-4880 CIV TERM CIVIL ACTION -- LAW EVIE ANDERSON, Defendant :DIVORCE CERTIFICATE OF SERVICE AND NOW, this ~ ~ day of November 2007, I, Mary L. Snyder, Law Clerk for Scaringi & Scaringi, do hereby state that I served a true and correct copy of the foregoing document upon the following individual in the manner indicated: VIA FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 ~ ~~~ Mary L S der ~~ "-a C. ~° a-;~ -~./ -~ - t'~ :. _ 1 ~- _~_ ~" 1 ~J r... "' T DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.07-4880 CIV TERM CIVIL ACTION -- LAW EVIE ANDERSON, Defendant :DIVORCE AMENDMENT TO PETITION TO LIST MATTER FOR HEARING Defendant, Evie Anderson, by and through her attorneys, Scaringi & Scaringi, P.C., respectfully remits this Amendment to Petition to List Matter For Hearing that was filed with the Cumberland County Prothonotary on October 24, 2007: 6. The Honorable Edward E Guido was assigned the Emergency Petition for Special Relief Requesting Sole Possession of the Marital Home and granted temporary exclusive possession to the Plaintiff. 7. A final Order has not been entered with regard to the Emergency Petition for Special Relief Requesting Sole Possession of the Marital Home. 8. The undersigned counsel has conferred with Kenneth F. Lewis, Esquire. 9. Attorney Lewis concurs with this request for a hearing. WHEREFORE, Defendant respectfully requests this Honorable Court schedule a hearing on the Emergency Petition for Special Relief Requesting Sole Possession of the Marital Home. Respectfully submitted, Attorney for Petitioner PA ID# 43829 2000 Linglestown Road, Suite 106 Harrisburg, PA 17110 Phone: (717) 657-7770 DARRYL ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. N0.07-4880 CIV TERM CIVIL ACTION -- LAW EVIE ANDERSON, Defendant :DIVORCE CERTIFICATE OF SERVICE AND NOVA, this ~ `~ ' day of November 2007, I, Mary L. Snyder, Law Clerk for Scaringi & Scaringi, do hereby state that I served a true and correct copy of the foregoing document upon the following individual in the manner indicated: VIA FIRST CLASS U.S. MAIL, POSTAGE PRE-PAID Kenneth F. Lewis, Esquire 1101 North Front Street Harrisburg, PA 17102 Mary L. Sny c~ A ~t ~~~ ~: _ ~ ~~' ~~ ~ ~ DARRYL ANDERSON V. EVIE ANDERSON IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4880 CIVIL TERM ORDER OF COURT AND NOW, this 28TH day of NOVEMBER, 2007, a hearing on the Petition for Special Relief Requesting Sole Possession of the Marital Home is scheduled for WEDNESDAY, DECEMBER 5, 2007, at 1:00 a.m. in Courtroom # 3 before the undersigned. ~nneth F. Lewis, Esquire Frank C. Sluzis, Esquire :sld , /~~~ n 't~~Car~n9 ~ U By the C , Edward E. Guido, J. ~ 1 ~(~^' y ~' ~'~i ~Z l~' $Z ~,~~ ~~~1 DARRYL ANDERSON, Plaintiff v. EVIE ANDERSON, Defendant AND NOW, this day of December, 2007, upon consideration of the attached Agreement of the parties, it is IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-4880 CIV TERM CIVIL ACTION - LAW DIVORCE ORDER OF COURT 0 hereby ORDERED that: 1. This Court's August 27, 2007 Order granting Darryl Anderson temporary exclusive possession of the marital home is hereby rescinded. 2. This matter is continued generally. Should Plaintiff wish to pursue his Petition for Special Relief, he shall file a request for a hearing with the Court. J. DISTRIBUTION: enneth F. Lewis, Esq., 1101 N. Front St., Hbg., PA 17102 /Frank C. Sluzis, Esq., 2000 Linglestown Rd., Suite 106, Harrisburg, PA 1711` J Q~ ~~ b~3~ I I ~~0 L~D~ A~'~iC~~t~ ,~a.l_t~w;~ ~Nl ~~ ~^i~:'~`~:iJ-11~ DARRYL ANDERSON, Petitioner v. EVIE ANDERSON, Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0. 07-4880 Civ Term CIVIL ACTION - LAW DIVORCE PRAECIPE TO WITHDRAW COMPLAINT IN DIVORCE TO THE PROTHONOTARY: On behalf of the above-named Plaintiff, please withdraw the Complaint in Divorce regarding the above matter. DATE: 6/18/08 1101 N. Front St. Harrisburg, PA 17102 (717j 234-3136 KEN ETH F. LEWIS, ESQ. I.D 69383 s~--5 ~ ~ ~~ C.~ ~ ~ ..~ .c... _ i ~ 4.... '~~..~q ,~ j .. .~- -i 1 ~i ~~ ~. ~ . ..-~ti :7'