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HomeMy WebLinkAbout07-6699 Pamela L. Purdy Attorney ID No. 85783 308 N. Second Street, Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff EUGENE B. BELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. ANN KELLY BELL, 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 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 at the Cumberland County Courthouse, Carlisle, PA. 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 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 PAMELA L. PURDY ATTORNEY FOR PLAINTIFF Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff EUGENE B. BELL, Plaintiff V. ANN KELLY BELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 0 7- (,4'97 ?t IN DIVORCE COMPLAINT IN DIVORCE COUNTI Divorce Under 3301(c) of the Divorce Code 1. Plaintiff is Eugene B. Bell who currently resides at 5412 Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Ann Kelly Mitchell who currently resides at827 Argonne Avenue NE, Atlanta, Georgia 30308. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 14, 1982 in Marietta, GA. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The grounds on which the action for divorce is based are: Section 3301(c): The marriage of the parties is irretrievably broken. After 90 days have elapsed from the filing of this Complaint, it is believed the parties will file Affidavits of Consent to a divorce. 8. Plaintiff has been advised of the availability of counseling and that he may have the right to request that the Court require the parties to participate in counseling. Plaintiff hereby waives his right to such counseling. WHEREFORE the Plaintiff requests this Court to enter a decree of divorce under Section 3301(c) of the Divorce Code. COUNT II Eauitable Distribution 9. Plaintiff incorporates by reference paragraphs I through 8 of this Complaint. 10. Plaintiff and Defendant have acquired various items of marital property which are subject to equitable distribution by this Court under Sections 3501 and 3502 of the Divorce Code. 11. Plaintiff and Defendant have not agreed on an equitable distribution of this property. WHEREFORE, Plaintiff requests the Court to enter an order equitably dividing all of the property. COUNT III Request for Spousal Support and/or Alimony Pendente Lite and Alimonv Under Section 3701(a) and 3702 of the Divorce Code 12. Plaintiff incorporates by reference paragraphs I through 11 of this Complaint. 13. Plaintiff is unable to sustain himself during the course of litigation. 14. Plaintiff lacks sufficient property to provide for his reasonable needs and is unable to sustain himself through appropriate employment. 15. Plaintiff requests this Court to enter an award of spousal support and/or alimony pendente lite until final hearing, and thereupon to enter an order of alimony in his favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Court to enter an award of spousal support and/or alimony pendent lite until final hearing, and thereupon to enter an order of alimony in his favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT IV Request for Counsel Fees Costs and Expenses Under Sections 3104(a)(1). 3323(b), 3702, and 4351(a) of the Divorce Code 16. Plaintiff incorporates by reference paragraphs I through 15 of this Complaint. 17. Plaintiff has employed Pamela L. Purdy, Esquire, to represent him in this matrimonial cause. 18. Plaintiff is unable to pay his counsel fees, costs and expenses, and Defendant is more than able to pay them. 19. Defendant is employed and has the ability to pay Plaintiff's counsel fees, costs and expenses. 20. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiff requests that, after final hearing, the Court order the Defendant to pay Plaintiff reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3104(a)(1), 3323(b), 3702, and 4351(a) of the Divorce Code, the Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. Respectfully submitted, Pamela L. Purdy Attorney for Plaintiff Dated: NS ZO --- VERIFICATION I verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. EUGEN BELL Dated: NOVG*A> .5,1,[?-- d' 1 ? ? ??? c :a _? ? ? ? ?? '-? ?? -;-, i, j ? ? ? ^? t ;a',,-? a d.J''i \ %? ' ? _ ?a t --?: ff) Pamela L. Purdy, Esquire Supreme Court I.D. #85783 308 N. 2"d St., Ste. 200 PO Box 1 1 544 Harrisburg, PA 17108 (717) 221-8303 plpurdy@verizon.net Attorney for Plaintiff EUGENE BELL, Plaintiff V. ANN KELLY BELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-6699 CIVIL IN DIVORCE ACCEPTANCE OF SERVICE I hereby certify that a true and correct copy of the Complaint in Divorce in the above matter was served on the Defendant, Ann Kelly Bell, by regular mail and by certified mail, restricted delivery, return receipt requested on November 13, 2007. The Complaint in Divorce was received and signed for by the Defendant on November 17, 2007. A copy of the tracking inquiry and the scanned image of the recipient's signature are attached hereto as Exhibit "A". By: Date: Lo Pamela L. Purdy Direct Query - Intranet - "Quick" Search Track/Confirm - Intranet Item Inquiry - Domestic Page I of 1 it . " 71 `C, 5474 4100 45151 5574 Destination ZIP Code: 30308 City: ATLANTA State: GA Origin ZIP Code: City: State: Event Date/Time Location Scanner DELIVERED 11/17/2007 11:16 ATLANTA, GA 30308 POS4600065 Rr r ues;t Deli-very Record Viovy Deliv+e.p L ianalufe.arid ,clrlress NOTICE LEFT 11/16/2007 14:22 ATLANTA, GA 30308 030SHF3457 ARRIVAL AT UNIT 11/16/2007 09:28 ATLANTA, GA 30308 030SHFK127 Enter Request Type and Item Number: Quick Search ? Extensive Search E' I?larieticn Of QLlick anrt Extensi-ye Searched Submit Version 1.0 Inquire on multiple items. Go to the Product Tracking System Home Page. Exh?b?k ? q„ http://pts.usps.gov/pts/labellnquiry.do 12/4/2007 . Delivery Record: Page 1 of 1 UNITED STATES POSTAL SERVICE fkDate: 12/04/2007 Dear Postal Customer: The following is in response to your 12/04/2007 request for delivery information on your Certified item number 7155 5474 4100 4561 5574. The delivery record shows that this item was delivered on 11117/2007 at 11:16 am in ATLANTA, GA 30308. The scanned image of the recipient information is provided below. Signature of Recipient: Address of Recipient: Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local Post Office or postal representative. Sincerely, United States Postal Service http://pts.usps.gov/pts/requestDelivery.do?eventLocation--ATLANTA%2C+GA+30308&trackBarcodeId... 12/4/2007 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the day of December, 2007, a true and correct copy of the foregoing document was served by U.S. Mail, First Class, Postage Prepaid, upon the following: Ann Kelly Bell 827 Argonne Ave. NE Atlanta, GA 30308 By: P meta L. Purdy -2- .+. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EUGENE BELL ) Plaintiff, ) VS ) CIVIL ACTION FILE ) ANN KELLY BELL ) NUMBER:2007-6699 Defendant ) MOTION FOR LIMITED APPEARANCE HAC VICE ON BEHALF OF DEFENDANT The undersigned, Quinton Washington, moves pursuant to all relevant Pennsylvania Rules of Civil Procedure, for leave to appear pro hac vice as counsel on behalf of defendant's, to participate in this litigation for the sole purpose of contesting jurisdiction of this Court as it relates to his client Kelly Bell. In support of this motion, movant states to the Court that he is counsel for the Defendant, that he was admitted to the Bar of the State of Georgia in 2004 and is a member in good standing. This day of Nom-' , 2007. 7 Quinton Wash' gton Attorney for Plai 'ff State Bar No. 159067 BELL & WASHINGTON, LLP 539 Green Street Gainesville, GA 30503 770-535-8383 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EUGENE BELL Plaintiff, CIVIL ACTION FILE Vs. No. 2007-6699 ANN KELLY BELL Defendant. CERTIFICATE OF SERVICE I hereby certify that I have this date served the undersigned with a copy of the Motion for Limited appearance hac vice behalf of Defendant, Entry of Appearance, Order for Granting Admission of Counsel by placing the same in the U.S. mail with adequate postage thereon to: Mrs. Pamela L. Purdy 308 N. 2°a Street, Suite 200 P.O. Box 11544 Harrisburg, Pennsylvania 17108 This day of K , 2007. Quinton ington Attorney at Law Georgia Bar No.: 159067 P.O. Box 2616 539 Green Street Gainesville, Georgia 30503 (770) 535-8383 Pamela L. Purdy Attorney ID No. 85783 308 N. Second St., Suite 200 Harrisburg, PA 17101 (717) 221-8303 (717) 221-8403 facsimile plpurdy@verizon.net Attorney for Plaintiff EUGENE B. BELL, ANN KELLY BELL, Plaintiff V. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO.-OF 722 67-[,t,QR IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE CONFERENCE 1 . Plaintiff is Eugene B. Bell who currently resides at 5412 Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is Ann Kelly Bell who currently resides at 827 Argonne Avenue NE, Atlanta, Georgia 30308. 3. Plaintiff has filed a Complaint in Divorce to the above term and number. 4. Said Complaint contains a request for Alimony Pendente Lite. 5. Plaintiff respectfully requests that an Alimony Pendente Lite conference be scheduled with the Domestic Relations Section of Cumberland County, Pennsylvania. WHEREFORE Plaintiff respectfully requests that a conference for Alimony Pendente Lite be scheduled. Respectfully submitted, Pamela L. Purdy Attorney for Plaintiff Dated: f • r. CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date I served the foregoing document by U.S. Mail, first class, postage prepaid, to the following: Kelly A. Bell 827 Argonne Avenue NE Atlanta, Georgia 30308 00*? 2 ? -- i ? V Pamela L. Purdy Dated: a&jAAk&..I 2O 2a?- C'3 C t'r= a= -I N C-) r1o c7N tV O rnr- r7l C) ilk 4 r 1 r. 16 P EUGENE B. BELL, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-9R CCIVIL TERM ANN KELLY BELL, IN DIVORCE Defendant/Respondent PACSES CASE NO: 204109702 ORDER OF COURT AND NOW, this 28th day of December, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on January 22, 2008 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Pamela L. Purdy, Esq. Date of Order: December 28, 2007 BY THE COURT, Edgar B. Bayley, President Judge R. J. Sh day, Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 i ?? ? ? r 1 {?} c1-; -', ?? i'"? t. " ??? ,. ? ? EUGENE B. BELL, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-6699 CIVIL TERM ANN KELLY BELL, IN DIVORCE Defendant/Respondent : PACSES CASE NO: 204109702 AMENDED ORDER OF COURT AND NOW, this 28th day of December, 2007, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on January 22, 2008 at 1:30 P.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Pamela L. Purdy, Esq. Date of Order: December 28, 2007 BY THE COURT, Edgar B. Bayley, President Judge J. Sh day, Conference Officer r YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 a <. _ ; p ? ...- ? ? f? ?J D DEC 19 2001 d''v IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EUGENE BELL ) Plaintiff, ) vs ) CIVIL ACTION FILE ANN KELLY BELL ) NUMBER:2007-6699 Defendant ) ORDER FOR GRANTING ADMISSION OF COUNSEL COMES NOW, the Court of Common Pleas of Cumberland County, PA and grants the motion of the Defendant Quinton G. Washington to be admitted pro hac vice for the purpose of contesting jurisdiction before the Court of Pleas of Cumberland County, in the matter of Bell Vs Bell, case #2007-6699 This 9 X CUMBERLAND COUNTY COURT OF COMMON PLEAS OF PENNSYLVANIA. Prepared by: Quinton Washington 539 Green Street Gainesville, GA 30503 day of 54?? , 2007. `V?. ?' s ??? 2 ? 1 ? ? :Z ??,.' • ? ? 1? IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Eugene Bell, ) Plaintiff, ) V. ) Ann Kelly Bell, ) Defendant. ) CIVIL ACTION FILE NO. 2007-6699 PRELIMINARY OBJECTIONS OF DEFENDANT IMPROPER VENUE AND JURISDICTION COMES NOW, the Defendant Ann Kelly Bell through her attorney Quinton G. Washington and responds to this matter only for the purposes of contesting venue and jurisdiction of the Court of Common Pleas. This motion does not admit, deny, or waive any defenses or answers that may be argued before this Court if these preliminary objections are not granted. However, the respondent would ask that this matter be ruled on before answering the initial complaint. The sole purpose of this response is to petition this Court to dismiss this action for improper venue and jurisdiction for the following reasons: 1. Cumberland County does not have proper personal jurisdiction in this matter. As alleged in Plaintiff's paragraph # 2 Defendant resides in Fulton County and has never been domiciled or attempted to live in Pennsylvania. Jurisdiction in this Court would be improper as it is an improper forum for the Defendant and the Defendant has no minimum contacts with the state of Pennsylvania. Pennsylvania Statutes for personal. jurisdiction require that two factors must be considered: 1) the state's long arm statute must confer jurisdiction; and, 2) the jurisdiction cannot offend constitutional standards of due process. Defendant Bell has never had sufficient minimum contacts with the state of Pennsylvania for the matter to be settled here without it offending her due process rights. 2. An alternative divorce petition has been filed in Fulton County, Georgia (see attached). This is the state where both parties were married, where the marriage became irretrievably broken, and where all of the marital assets exist. Per Rule 1920.6 because there are multiple actions filed, priority is given to where the marital state exists. Therefore, Fulton County would be a more appropriate for the subject matter to be decided. 3. Dismissal of this Petition would not greatly harm the Plaintiff Eugene Bell as his domicile is unclear. The Plaintiff foresaw that this action would come in a Georgia court because he and wife equitably divided their assets in Georgia before he left the state in 2004. Additionally, the Defendant has ties to the state as his health insurance is still a Georgia plan and he visits his son here in Georgia when he is granted leave from the military. Because of these actions the Defendant has not sufficiently proven he meets the six month requirement to file this petition. 4. The Defendant resides and works in Fulton County. For her to be subject to alimony and possible marital counseling in a state where she has not lived nor intended to live would be unjust and unfair to her when the Petitioner could make this same contention in a Georgia Court. 5. Further, Defendant Kelly Ann Bell has not been properly served in this matter. 6. Venue is improper under Pa. C.S.A. 42 Rule 1006(a). Venue should be brought "in and only in a county in which the individual may be served or in which the cause of action arose or where a transaction or occurrence took place out of which the cause of action arose or in any other county authorized by law." Further, proper venue also assumes a "forum for the convenience of parties and witnesses." The marriage was consummated and existed in Georgia for 15 years. All material witnesses (including the couple's son), documents, and property is located in Georgia. It would be oppressive and vexating for this matter to take place in Pennsylvania when only one of the parties to the action might live there. 7. The remedies available to the parties are best used in Georgia where the marital assets are. The Plaintiff requests equitable redistribution of Georgia assets. This distribution is best handled by a Georgia court of equity where an action is pending. WHEREFORE, the Defendant prays that this action be dismissed for improper venue and lack of jurisdiction. This 10th day of January, 2008. Submitted by..- Quinton G. W shingt0 Georgia Bar o.15900667 Bell & Washington LLP PO Box 93463 Atlanta, Georgia 30377 COUNSEL FOR PLAINTIFF 404-437-6641 KELLY BELL 404-474-3730 (FAX) NOV 2 7 2007 IN THE SUPERIOR COURT OF FUTON STATE OF GEORGIA Key Belem ) Plaintiff ) CIVIL ACTION FILE V. ) NO.A00-rIvl l5' 1 B ) UAW= Defendant. } VERIFfED COMPLAINT FOR DIVORCE PlairniffK_ ally Bell ("Plaintiff') files this Complaint for Divorce against Defendant Fam Bell ("Defendant"), and shows as follows: 1. Plaintiff is a resident of Fulton County, Georgia and has been a resident of the State of Georgia for at least six (6) months preceding the filing of this Complaint. 2. Defendant is a resident of Cumberland County, Pennsyhrania, and resides at 5412 Oxford Drive, Mechanicsburg, Cumberland County, Pennsylvania. However he is subject to jurisdiction in this Court because he contemplated divorce in this county per agreement with his wife the Plaintiff. Further, he abandoned the marriage in this state. Defendant has been personally served with the Complaint per the attached Acknowledgment of Service. 3. Plaintiff and Defendant were married on August 141982 in hbde-jA Georgia. 4. The parties separated about three ytm ago in 2004. and have lived in a bona fide state of separation since that date. 5. There are no minor children as a result of this marriage and none are expected. 6. Plaintiff is entitled to a divorce from Defendant upon the grounds that the marriage between the parties is irretrievably broken and plaintiff was a victim of psychological abuse, as within the meaning of O.C.G.A. ' 19-5-3(13), there being no reasonable hope for reconciliation. 7. The parties have entered into a Settlement Agreement settling all matters and controversies between them. Said Settlement Agreement, signed by both parties shall be made available at a later date to be incorporated by reference. Both parties desire that the Court approve said Settlement Agreement that was worked out between the parties on the date of their separation three years ago. Further, Petitioner asks that the Settlement Agreement be made a part of the Final Judgment and Decree of Divorce to be entered in this action, and that the Court order both parties to comply with all terms of the Settlement Agreement as provided by law. WBEREFORE, Plaintiff prays: (a) That she be awarded a total divorce on the grounds that the marriage is irretrievably broken, that is to say a divorce a vinculo matrimonii, (b) That the terms of the Settlement Agreement of the parties dated be approved by this Court and incorporated into the Final Judgment and Decree ofDivorce to be entered by the Court in this matter, and (c) That Plaintiff have such other and further relief as the court deems equitable or appropriate. (d) That Plaintiff be awarded attorney fees and Court costs for this matter. (e) That Plaintiff be awarded alimony in an amount to be determined at trial. This/- day of + Wr2 -- 1 2007. PO Box 93463 WASHINGTON & BELL, LLP By: Quinton G. W on Georgia. Bar No. 159067 COUNSEL FOR PLAINTIFF Atlanta, Georgia 30377 404-437-6661 404-4743730 {FAX} ,ro.N COUTY IN THE SC{PE?? C ?GIA STA'L'E Plaines } cwu. AcnoN FD- } V. No. DeftrAot. the igiwd duly U to sc &VpOOA ft bef0 wacWof5c' dgg%W sad SW that ? F, amahy who, a ba+M "Y sworn, for ?? ate ttve and fofto; 08 Y Cint emls aad ? in the above Old 2007. day Of ?JV,4 "A 1 isa Name -' bad befOft 2047 'SV My Coson Ex jjrAfAO" z+s i o0xis?.. SHERIFF'S ENTRY OF SERVICE Civil Actlen No. 94r77 rv Date Ftled ?Af - F Attorney's address AD A;w '00'?'4' Name and Address of Party to be Served I SUPWOR COURT _ O I+iTLTON COUNW JAN 8 ZOOS VS. SHERIFF'S ENTRY OF SERVICE < X,.O, I have this day served the defendant with a copy a of the within ant bn and summons. I have this day served the defendant_ _by leaving a copy of the action and summons at his most place notorious place of abode in this county. CA Delivered same into hands of desaribod as follows O ? age, about `_years; weight, about- __Sounds, height, aboutM,fed and _ --inches, domiciled at the residence oftbe h defendant. O 2 Served the defendant--,__ a corporation z O by leaving a copy of the within action and summons with O ? in charge of the office and place of doing business of said Corporation in this t.:vnh 0 O 1 have this day served the agove styled affidavit and summons on the defends itt s) by post ig a copy of the same to the r of the premises designated in said adid*A abd on the same day of such posting by deposit a true 'fig • oopj..ofsemet in the United Stater- ,Vint Class in an envelope pmpprXy.p ssod to the defendant(s) at the iaddress shown w said sus mtt th adequate postage a 4teoreon containing notice to the defendant(s) to answer said summons at the place stated in the suitmons. < Diligent search made and defardant F not to be found in the jurisdiction of this court. F an LLl ? ?"?' 0 T?_ . day of 2Q e DEPUTY . ' 41 SHERIFF DOCKET PAGE WHYM CLE M CANARY-PLAINTIFF; PINK-DEFENVANT r t MnnG Ini 111A+ SHERIFF'S RETURN - REGULAR CASE NO: 2007-00890 T COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BELL KELLY VS BELL EUGENE TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE TO ATTEND was served upon BELL EUGENE the DEFENDANT at 0012:30 HOURS, on the 26th day of December-, 2007 at 5412 OXFORD DRIVE MECHANICSBURG, PA 17055 by handing to EUGENE BELL (ADULT IN CHARGE) a true and attested copy of NOTICE TO ATTEND together with 30 DAY STATUS CONF., SUMMONS, VERIFIED COMPLAINT FOR DIVORCE and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit POSTAGE 18.00 So Answers 13.44 2.50 " .41 R. Thomas Kline .00 34.35 12/27/2007 QUINTON G. WASHINGTON Sworn and Subscibed to before me this of day Deputy Sheriff A. D. IN THE SUPERIOR COURT OF FULTON COUNTY STATE OF GEORGIA FAMILY DIVISION Civil Action File No. 2007CV143351 KELLY BELL vs. EUGENE BELL NOTICE TO ATTEND 30-DAY STATUS CONFERENCE THIS IS AN IMPORTANT COURT NOTICE THAT AFFECTS YOUR RIGHTS. READ THIS NOTICE CAREFULLY. IF YOU DO NOT UNDERSTAND THIS NOTICE, CONTACT1 I..FSaL ADVICE. BATE AND TIME OF 30-DAY STATUS CONFERENCE* 01/09/2008 at 02:00pm BEFORE THE HONORABLE GAIL S. TUSAN, JUDGE PLACE OF CONFERENCE: Fulton County uperlor Court Justice Center Tower 185 Central Avenue, SW Courtroom 8F Atlanta, Georgia 30303 This conference has been set for a specific time so as not to inconvenience the parties. Please be on time. Failure to appear at the appointed time could result in the dismissal of your case. YOU ARE HEREBY NOTIFIED THAT: 1. In contested cases, all parties, and their attorneys, if they are represented by counsel, shall appear at the time and place designated below for a 30-Day Status Conference. 2. In uncontested cases in which an Acknowledgment of Service form, Consent to Trial in 31 Days form, Child Support Worksheets (if applicable), and a Settlement Agreement (if applicable) have been filed with the Court, all petitioners, and their attorneys, if they are represented by counsel, shall appear at the time and place designated below for a 30-Day Status Conference, and they may receive the Final Judgment and Decree at that time. 3. Parties and counsel must read and comply with this Notice and the Automatic Domestic Standing Order. Additionally, if the case is contested, each party must read the attached information about the 30-Day Conference, and must complete and bring to the 30-Day Conference the Financial Affidavit, Child Support Worksheet and Schedules, Answers to Interrogatories, and all requested documents pursuant to the Required Documents To Be Produced form. FURTHER NOTICE that in the absence of good cause shown, failure to appear at and participate in good faith in the 30 Day Status Conference could result in the entry of a final judgment if the case is ripe for judgment, or imposition of sanctions or penalties provided by statute, rule, or authority of the Court, including: 1)a finding of contempt by the Court; 2)taxation of costs or attorney's fees; 3)dismissal of the case, and/or 4) imposition of monetary or other sanctions. Any party represented by an attorney will be considered as a "failure to appear" if the attorney does not appear at the 30-Day Status Conference. This the 27th day of November, 2007 . CASE MANAGERA:TYRA JOHNSON TELEPHONE # 404302-8523 FAx # 404302-8524 **COURT PERSONNEL CAN NOT GIVE LEGAL ADVICE** Child Support Worksheets are , at: https://services.georgia.govldhrlcspp/do/publiclSupportCalc. The Automatic Domestic Standing Order, Domestic Relations Initiation Packet, Domestic Intake Worksheet, Families in Transition Information, and other forms listed below, can be obtained from the Family Division at 4041224-0505 OR the Family Law Information Center at 4041335-2789 OR at www.fultonfamitydivision.com. CONCISE INFORMATION ABOUT THE 30-DAY CONFERENCES Complete and more comprehensive information about the 30-Day Conference and later proceedings can be found in the Domestic Relations Initiation Packet. 1. Postponing or Rescheduling the Conference: A conference will only be postponed and rescheduled for specific reasons. Direct your request for postponement, as soon as possible, to the Judges, case manager. 2. "Families in Transition" Seminar: if your legal action involves minor children, you must attend and complete the "Families in Transition" Seminar before the 30-Day Status Conference. 3. What will happen at the 30 Day Status Conference? The Judicial officer will meet with both parties about the case, including the areas on which the parties agree and disagree, future court procedures, and by when they must be done. Mediation may be offered at the Conference. Temporary issues of support and child custody not agreed upon by parties by the conclusion of the Conference may be scheduled for a Temporary Hearing to occur on the day of the Conference or on a date soon thereafter. If the parties agree on all issues, the Judicial Officer will confirm the agreement and convene or schedule a final hearing; otherwise, a 60-Day Status Conference will be scheduled. 4. What to Bring to The 30-Day Scheduling Conference: Be prepared. Bring the completed Domestic Intake Worksheet and, if applicable, the completed Child.Support Worksheets, Domestic Relations Financial Affidavit, Answers to Interrogatories and the documents in response to Required Documents To Be Produced. 5. Communication: No party or attorney can speak with the conference officer or Judge about substantive matters unless the other party or attorneys are present. If parties write to the conference officer, Judge or case manager, they must also send a copy to the other party, and indicate on the document that this has been done. BRIEF IN SUPPORT OF PRELIMINARY OBJECTIONS TO DISMISS FOR LACK OF JURISDICTION. AND IMPROPER VENUE Introduction The purpose of the Pennsylvania Divorce Code is to "effectuate economic justice between two parties who are divorced or separated," Altemus v. Altemus, 29 Pa. D. & C.3d 314 (1984). This contention cannot hold true if this action is allowed to go forward in the Court of Common Pleas of Cumberland County, Pennsylvania. For reasons explained in this brief this matter should be dismissed for lack of jurisdiction and improper venue. Additionally, Plaintiff's remedies can be addressed in a Georgia Court. 1. JURISDICTION IS IMPROPER UNDER MINIMUM CONTACTS TEST The marriage between the couple never existed in Pennsylvania. The son the couple conceived during their marriage was not conceived in Cumberland County. When the Plaintiff abandoned the marriage and came to Pennsylvania the Defendant had no intention of ever coming to Cumberland County or Pennsylvania and she has not been. She has remained in Atlanta and he has kept contact with Georgia. Pennsylvania Courts have held that jurisdiction was improper even when a Defendant lived in Pennsylvania, married in Pennsylvania, abandoned the state and then returned. (Thomas v. Thomas 760 A.2d 397.) Certainly jurisdiction should be improper if the Defendant, the alleged marital property, the couple's son and the potential witnesses have never been in the forum in question. There is a two pronged test to determine in personam jurisdiction under Pennsylvania law. This test was codified and best explained in the holding of Barr v. Barr 749 A.2d 992. The first prong is whether the long arm statute confers jurisdiction over a party. The second prong answers the constitutional test of whether the defendant has enough "minimum contacts" with the jurisdiction in question. For a court to exercise in personam jurisdiction over a non-resident, two criteria must first be satisfied: "(1)the state's long-arm statute must confer jurisdiction; and (2) the exercise of _ jurisdiction cannot offend the constitutional standards of due process. Insulations, Inc. v. Journeyman [Journeymen] Welding _& Fab, 700 A.2d 530, 531 (Pa. Super. 1997). Pennsylvania's long-arm statute is codified under 42 Pa.C.S.A. § 5322, and it allows courts to exercise personal jurisdiction to the fullest extent permitted under the Due Process Clause of the United States Constitution. Pawlucak v. Global Upholstery Co., Ltd., 854 F.Supp. 364 (E.D.Pa.1994). So long as the defendant has sufficient minimum contacts with the forum state such that granting jurisdiction would not offend traditional notions of fair play and substantial justice, constitutional due process is satisfied and the exercise of personal jurisdiction is proper. See Int'1 Shoe Co. v. Washington, 326 U.S. 310 [66 S.Ct. 154, 90 L.Ed. 95] (1945). It has long been held that "[r]andom, fortuitous or attenuated contacts between the forum and a defendant will not support the exercise of personal jurisdiction." Burger King Corp. v. Rudzewicz, 471 U.S. 462, 475 [105 S.Ct. 2174, 85 L.Ed.2d 528] (1985). Barr v. Barr, 749 A.2d 992 p. 996. Here there have been no "random, fortuitous or attenuated contacts between the forum and a defendant" as noted in the Burger King decision. Because the Burger King test for determining minimum contacts has not been met, we respectfully ask this Court to dismiss this petition. II. VENUE IS IMPROPER A. Pennsylvania statutes require that the Petitioner must be a bonafide resident of Pennsylvania for six months prior to filing this action. Plaintiff has not clearly proven his domiciliary intent to live in Pennsylvania. Pennsylvania Courts have long held that domicile is a matter of intention "whereas residence is a physical fact, domicile is a matter of intention." Greenwood v. Hildebrand, supra; Boswell v. South Carolina Insurance Company, supra at 116, 509 A.2d at 362. "Therefore, '[i]ntent, being purely subjective, must to a large extent be determined by the acts which are manifestations of the intent.' "Scoggins v. Scog ins, supra (quoting Wallace v. Wallace, supra at 409, 89 A.2d at 771). Here, the Court should note that the Plaintiff has not been gainfully employed since he left Georgia in 2004. Also, Plaintiff is still covered by his wife's medical coverage, and Plaintiff's son lives with his mother and the Plaintiff visits his son when he is on military leave in Georgia. Absent proof to the contrary, the Plaintiffs domiciliary intent is not strong enough to prove he is a bona fide resident of the Cumberland County. The Plaintiff has strong enough ties in Georgia to warrant the Pennsylvania action being dismissed so that the Georgia action may go forward. B. Venue is often given where the marital residence exists. The marital residence is not in the state. Because the Court uses marital residence as a factor when determining venue, then lack of marital residence in the state should prove improper venue. This court has often held that marital residences are important factors in determining whether venue is appropriate. Many cases have even been transferred to the county in Pennsylvania where the marital residence exists. This legal precedent has been upheld in cases from Milam v. Milam', to Scoggins v. Scoggins2. Here, the marital residence and all assets to which the parties would seek to distribute are not in Cumberland County. Because Courts have transferred jurisdiction for lack of venue if the marital assets are in another county, by converse Courts should deny venue if the marital assets and one of the parties has never been in the state where the petition is filed. Especially when there is a counter petition that has been filed in the state where the equitable distribution is sought. 1 "Marital Residence is a factor it is only one of the considerations taken into account when determining domiciliary intent, and this is especially true in cases involving military persons." Milam v. Milam 677 A.2d 1207, 450 Pa.Super 597, Super 1996, reargument denied appeal denied 689 A.2d 234, 547 Pa. 729. 2 Scoggins v. Scoggins, 382 Pa.Super. at 517-18, 555 A.2d at 1319-20. In Scoggins, we acknowledged that marital domicile may be sufficient to establish minimum contacts with a forum state. The term "domicile" has been defined in this Commonwealth as: [450 Pa.Super. 606] the place in which, both in fact and intent, the home of a person is established without any purpose to return to a former home; the place where he lives, in distinction from that where he transacts his business; the place where he chooses to abide, in distinction from that in which he may be for a temporary purpose. C. Venue is improper in Cumberland County because it would harass, intimidate, oppress and be vexatious to the Defendant. Defendant's preliminary objections should be granted because a divorce action in Cumberland County would be oppressive, harassing, intimidating, and too vexatious to be just. In Dulaney v. Consolidated Rail CoM.,3 The Court held that if the Defendant shows that the forum is oppressive the venue can be changed. Here, we know that would mean a dismissal, however, there is a counter action that would go forward in Georgia which is the state where the Defendant abandoned the marriage. If this action were held in Cumberland County the Defendant would have to travel to a county she has never visited, have material witnesses who have observed the marriage fly to Cumberland County, and possibly be subjected to marriage counseling4. This matter would not only be oppressive, but it would be unjust. To subject the Defendant to this action in Pennsylvania would further harass the Defendant psychologically because the Plaintiff abandoned the marriage. She did not. Additionally, one of the witnesses that may testify in the trial would be couple's son. As a service man he is in Afghanistan and if called to testify he should be able to come to his home in Georgia for the brief time he would be here. To ask him to do otherwise would be vexatious and harassing to the Defendant and her son. While the interest of the forum state and of the plaintiff in proceeding with the cause in the plaintiffs forum of choice are to be considered, "an essential criterion in all cases is whether the 'quality and nature' of the defendant's activity is such that it is'reasonable' and'fair' to require him to conduct his defense in ... [the forum] state." Kulko v. Superior Court of California, [436 U.S. 84] at 92,98 S.Ct. [1690] at 1697,56 L.Ed.2d at 141 [ 1978], quoting International Shoe Co. v. Washington, supra, 326 U.S. at 316-17, 66 S.Ct. at 159, 90 L.Ed. at 103. Thus, the existence of personal jurisdiction generally depends upon the presence of reasonable notice to the defendant that an action has been brought, and a sufficient connection 3 Dulaney v. Consolidated Rail Corp., 715 A.2d 1217 Super. 1998. Defendant seeking change of venue based on forum non conveniens may meet its burden of showing that the plaintiff's choice of forum is vexatious to him by establishing with facts on the record that the plaintiff s choice for forum was designed to harass the defendant, even at some inconvenience to the plaintiff himself, alternatively, defendant may met his burden by establishing on the record that trial in the chosen forum is oppressive to him. 4 23 Pa.C.S.A. § 3302 between the defendant and the forum state to make it fair to require defense of the action in the forum state. III. PENNSYLVANIA LAW HOLDS THAT MATRIMONIAL MATTERS SHOULD BE DECIDED WHERE THE MARITAL ESTATE IS LOCATED. 23 Pa.C.S.A. § 1920.6 specifically states, "If, within ninety days of 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." The spirit of this law is that matrimonial issues should be decided in the county where the marital residence is, especially if one party still resides in the residence. This logical interpretation proves that this matter should be disposed of in Fulton County. Additionally, here, the Defendant still resides in the marital estate in Fulton County. The Court should give preference to the action taking place in Fulton County just as it would if the action were brought in a competing county in Pennsylvania. Pursuant to 23 Pa.C.S.A. § 3323, Pennsylvania Courts in matrimonial cases have full equity authority and appropriate jurisdiction to protect the interests of all parties involved. To protect both parties in this matter it is best to dismiss this claim so that the Georgia claim may go forward in a similar court of equity where the marital assets are. Part of the Defendant's claim is for equitable relief in the form of a division of assets, and temporary alimony. Because equitable remedies often require the courts to perform such tasks as: monitoring the division of assets, valuing the assets, entering decrees and possibly enforcing them, the Court would expend less judicial resources if it allowed a Georgia court in the county where the assets were to handle the claim. This matter has already been filed in the appropriate court and has been attached for the Court to review. Additionally, temporary alimony should be determined in the county where the marriage and the party subject to alimony resides. If there is going to be testimony about Defendant's salary all of those individuals reside in Georgia. CONCLUSION For the aforementioned reasons we ask that this matter be dismissed so that a Georgia divorce action can proceed. The Georgia court has already granted a first hearing for January 9, 2008. It is our hope that the Court would review the evidence under the "totality of circumstances" test to determine where the parties intended to end their marriage and where the Court could best ensure all equitable remedies are exhausted while preserving judicial efficiency and resources. Finally, Pennsylvania laws have never assumed that its Courts have jurisdiction in a family law matter where a Defendant has had no minimum contacts with the state. The statutes and case law make no specific reference to this because it offends the constitutional tests of in personam jurisidiction. Therefore we respectfully ask the court to dismiss this matter. Submitted by: Quinton . ashington Georgia B r o. 1590 Bell & Washington LLP PO Box 93463 Atlanta, Georgia 30377 COUNSEL FOR PLAINTIFF 404-437-6641 KELLY BELL 404-474-3730 (FAX) . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Eugene Bell, ) Plaintiff, ) V. ) Ann Kelly Bell, ) Defendant. ) CIVIL ACTION FILE NO. 2007-6699 CERTIFICATE OF SERVICE I hereby certify that I have this date served the undersigned with a copy for the Preliminary Injunctions, Order for Dismissal, Rule to Show Cause and Brief in Support of the Preliminary Injunctions by placing a copy of the same in the U.S. mail with adequate postage thereon to: Mrs. Pamela L. Purdy 308 N.2d Street, Suite 200 P.O. Box 11544 Harrisburg, Pennsylvania 17108 This 10th day of January, 2008 Quinton G. W s 'ngt n Attorney at Law Georgia Bar Number 159067 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Eugene Bell, ) Plaintiff, ) V. ) Ann Kelly Bell, ) Defendant. ) CIVIL ACTION FILE NO. 2007-6699 ORDER GRANTING PRELIMINARY OBJECTIONS TO DISMISS COMES NOW, the Court of Common Pleas of Cumberland County, and on January 2008 grants the Defendant's preliminary objections to venue and jurisdiction and dismisses this action with prejudice. By the Court Judge Cumberland County Court of Common Pleas Distribution to: Quinton G. Washington PO Box 93463 Atlanta, GA 30377 Pamela Purdy 308 N. 2°d St Suite 200 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Eugene Bell, ) Plaintiff, ) CIVIL ACTION FILE V. ) NO. 2007-6699 Ann Kelly Bell, ) Defendant. ) RULE TO SHOW CAUSE And now day January 2008, the Plaintiff is hereby directed to show cause if any that he has that why the preliminary objections filed by Ms. Ann Kelly Bell by and through her attorney Quinton G. Washington should not be granted the relief requested. Rule Returnable By the Court: Judge, Cumberland County Court of Common Pleas Distribution to: Quinton G. Washington Pamela Purdy PO Box 93463 Atlanta, GA 30377 308 N. 2"d St Suite 200 Harrisburg, PA 17108 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA Eugene Bell, ) Plaintiff, ) V. ) Ann Kelly Bell, ) Defendant. } CIVIL ACTION FILE NO. 2007-6699 RESPONDENT'S SPECIAL APPEARANCE FOR THE EXPRESS PURPOSE OF CONTESTING JURISDICTION AND MOTION TO DISMISS Comes Now Quinton Washington and makes his Special Entry of Appearance upon the record for the express purpose of contesting Jurisdiction and Venue by filing Preliminary Objections before the Pennsylvania Court of Common Pleas in Cumberland County. Respondent's Attorney wishes to be recognized as counsel only for the purpose of contesting Jurisdiction and Venue by filing this Motion to Dismiss as Preliminary Objections. This IOth day January 2008. Quinton W sh gton Attorney or Respondent Georgia Bar Number 159067 PO Box 93463 Atlanta, GA 3 03 77 (404) 437.6641 telephone (404) 474.3730 fax 'D DEC 1 9 200 rl' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA EUGENE BELL Plaintiff, vs ANN KELLY BELL Defendant CIVIL ACTION FILE NUMBER:2007-6699 ORDER FOR GRANTING ADMISSION OF COUNSEL COMES NOW, the Court of Common Pleas of Cumberland County, PA and grants the motion of the Defendant Quinton G. Washington to be admitted pro hac vice for the purpose of contesting jurisdiction before the Court of Pleas of Cumberland County, in the matter of Bell Vs Bell, case #2007-6699 This J Pw Azl CUMBERLAND COUNTY COURT OF COMMON PLEAS OF PENNSYLVANIA. Prepared by: Quinton Washington 539 Green Street Gainesville, GA 30503 TRM CC" FWM MO.* T8 where. I hm urft s K my Mi 4 dw "w of odd Cow >t Pa_ day of 'uc.r , 2007. TI John C. Howett, Jr., Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Defendant, Ann Kelly Bell IN THE COURT OF COMMON PLEAS OF EUGENE B. BELL, Plaintiff ) V. ) ANN KELLY BELL, ) Defendant ) TO THE PRC COUNTY, PENNSYLVANIA NO. 07-6699 CIVIL ACTION - LAW IN DIVORCE AND NOW, comes John C. Howett, Jr., Esquire of Howett, Kissinger & Holst, P.C., as co-counsel with Quinton Washington, Esquire, who enters a special appearance for the purpose of contesting jurisdiction. i i Date: f t 16'y c J owett, Jr., Esq ' e HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 TI elephone: (717) 234-2616 Counsel for Defendant, Ann Kelly Bell IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA i EUGENE B. BELL, ) Plaintiff ) NO. 07-6699 V. ANN KELLY BELL, Defendant ) CIVIL ACTION - LAW IN DIVORCE 1, John C. Howett, Jr., Esquire, counsel for Ann Kelly Bell, Defendant in the above- captioned action, hereby certify that a true and Special Appearance for the Purpose of Esquire, counsel for Plaintiff, Eugene B. Bell, by class, on January 11, 2008, addressed as follows: Pamela L. The Law Office 308 North Seco. Harrisbui Date: 0 copy of the foregoing Praecipe for Entry of Jurisdiction was served upon Pamela L. Purdy, iting same in the United States mail, first rdy, Esquire 'Pamela L. Purdy Street, Suite 200 PA 17101 Jo C. owett, Jr., Esqifutl H T, KISSINGER & HOLST, P.C. Px 810 H PA 17108 1Funsbeolfor nut Street Te: (717) 234-2616 C Defendant, Ann Kelly Bell ?? ? ? ,- e ,, ;? ?. .-1 ?? ? x ; ,-r3 _ cn -, r;:' -:-, ., 1~?? - a -•--- _?;? I a Pamela L. Purdy, Esquire Supreme Court I.D. #85783 308 N. 2nd Street; Ste. 200 PO Box 1 1 544 Harrisburg, PA 17108 PH: (717) 221-8303 FX: (717) 221-8403 pipurdy@>verizon.net Attorney for Plaintiff EUGENE B. BELL, Plaintiff V. ANN KELLY BELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 07-6699 CIVIL IN DIVORCE PRAECIPE TO WITHDRAW AND ENTER APPEARANCE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Kindly withdraw the appearance of Pamela L. Purdy as counsel for the Plaintiff, Eugene B. Bell, and enter the appearance of Eugene B. Bell, pro se in the above-captioned matter. Q 00--? Eugene II 6412 Oxford Drive Mechanicsburg, PA 17055 (717) 697-1881 Dated: -AIR Pamela L. Purdy PA ID No. 85783 308 N. 2"d St., Ste. 200 PO Box 1 1 544 Harrisburg, PA 17108 (717) 221-8303 1? Dated: (4 41 _ . w CERTIFICATE OF SERVICE The undersigned hereby certifies that on the a(? ?-t?ay of February, 2008 a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: John C. Howett, Jr., Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Quinton G. Washington, Esquire P.O. Box 93463 Atlanta, GA 30377 1%4 e. 04?? - Pamela L. Purdy C:'3 C7 ry Cb3 SV - :_z r n Lcu?. e? ? zl VS. leas of In the Court of Com Pennsylvania Cumberland County, Civil. 19 _--- No. t ? -'j .S a n7? 72 ProthonotarY To 19 tome for Plaintiff 4i ?c. -=A' 20 JBS X387 L No. Term, 19 VS. i Aled 1r? r CD L2 tt r`- - 0-1 ?L ?txa ? C-D c .s PRAECIPE 19 Atty. EUGENE B. BELL, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 07-6699 CIVIL TERM ANN KELLY BELL, IN DIVORCE Defendant/respondent PACSES Case No: 204109702 ORDER OF COURT AND NOW to wit, this 25th day of April 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite filed on December 26, 2007 is dismissed, without prejudice, pursuant to the divorce matter being withdrawn in its entirety on or about March 20, 2008. This Order shall become final twenty (20) days after the mailing of the notice of the entry of the order to the parties unless either party files a written demand with the Domestic Relations Section for a hearing de novo before the Court. DRO: R.J. Shadday xc: Petitioner Respondent John C. Howett, Jr., Esq. Form OE-001 Service Type: M Worker: 21005 BY THE COURT: C? C= L) .t 00 ?.1