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Home My WebLink About08-1515fl\divA3301(c)ANDERSON,RICHARD-330I(C)COMP Elizabeth B. Stone, Esquire Supreme Court ID #60251 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Fax 717-774-3869 Attorneys for Plaintiff RICHARD D. ANDERSON, Plaintiff V. TRACY L. ANDERSON, Defendant 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 by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street, Carlisle, PA 17013-3302 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08 ! -1- 36 Elizabeth B. Stone, Esquire Supreme Court ID #60251 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Fax 717-774-3869 Attorneys for Plaintiff RICHARD D. ANDERSON, Plaintiff V. TRACY L. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 68 - /S~/.S' CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is RICHARD D. ANDERSON, an adult individual, who currently resides at 426 Hillside Road, New Cumberland, Cumberland County, Pennsylvania, 17070. 2. The Defendant in this action is TRACY L. ANDERSON, an adult individual, who currently resides at 108 South Frederick Street, 2" Floor, Mechanicsburg, Cumberland County, Pennsylvania, 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on October 20, 1990, in Cumberland County, Pennsylvania. -2- i 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. The Plaintiff avers that two children, JUSTIN R. ANDERSON and ANTHONY R. ANDERSON, have been born of this marriage. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P.C.S. §4904, relating to unsworn falsification to authorities. STONE LaFAVER & SVkKLETSKI Date: ?l d By c F, Elizab St , Es u Sup e Co xft ID # 4 Bridgleee Box E ew Cum17070 Telepho ne 35 Fax 717-7 Attorn -3- f1\miS\ANDERS0N,RICHARD VERIFICATION Richard D. Anderson, states that he is the Plaintiff named in the foregoing instrument and that he is acquainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of his knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: 0 d" RICHARD D. ANDERSON ? w [f1 t rn rn Fl\di v\AN DERSON,RIC HARD-affofservice Elizabeth B. Stone, Esquire Supreme Court ID #60251 414 Bridge Street, P.O. Box E New Cumberland, PA 17070 Telephone 717-774-7435 Fax 717-774-3869 Attorneys for Plaintiff RICHARD D. ANDERSON, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 08-1515 Civil Term TRACY L. ANDERSON, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA : : SS: COUNTY OF CUMBERLAND I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Tracey L. Anderson, at 108 South Frederick Street, 2nd Floor, Mechanicsburg, Pennsylvania 17055, by United States certified mail, postage prepaid, restricted delivery, on March 8, 2008, as evidenced by the attached certified mail return receipts. SWORN TO AND SU SCRIBED before me this 1 _ day of VYl faA/l--. , 2008. N COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL KATHLEEN KEIM, Notary Public New Cumberland Boro., Cumberland Co. My Commission Expires Dec. 5, 2010 ti m ti r-a 0 art Ln 0 Return Receipt Fee O (Endorsement Required) O Restricted Delivery Fee 0 (Endorsement Required) r-R r`- Total Postage & Fees r3 r %- C3 0 r`- ¦ Complete items 1, 2, and 3. Also complete Ibnt 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 mailpiece, or on the front If space permits. I . Artie Addressed to: l\ 'CL ?• ? .? bb ICA• 1cn A. Signatxre X u &?q ? Agwt ? Addm. B. Received by Printed Name) C. Date of Day Q 7UC D. Is delivery address different J dY If YES, enter delivery add?Q ??0? '`L 3. Se*lce Type ?---? ress mail tkt Certified Mail VR: ? Registered um Re ceipt for Merdwxft r ? Insured Mail ? C.O.D. 4. Restricted DelNeryt (Extra Fee) N 2. ftOd Nurwdw 7007 0710 0005 5044 1232 (ifw wbr Ilor so Woo h6o Ps Form 3811, February 2ow Donrrralc Rrrtum Rsodpt 10261+6.02-ut-1540 -? c? ._. tr?rr. 1? ?._ ? ?, r- .,? _?.._ i'- C _.. ,.,,,i .. ?? ? ?. .?." ;U :,,` C? ?? `^C McNees Wallace & Nurick LLC By: J. Paul Helvy, Esquire Attorney I.D. No. 53148 Audrey Buglione, Esquire Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (phone) (717) 237-5300 (fax) RICHARD D. ANDERSON IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 08-1515 Civil Term TRACY L. ANDERSON, CIVIL ACTION - LAW Defendant IN DIVORCE NOTICE TO PLEAD TO: Richard D. Anderson, and Elizabeth B. Stone, Esquire, his attorney YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED COUNTERCLAIM WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. McNEES WALLACE & NURICK LLC By- I ? 94-'- J. Paul Hewy' Attorney ID No. 53148 Audrey Buglione Attorney ID No. 206587 Attorneys for Defendant Dated: Marche lS, 2008 McNees Wallace & Nurick LLC By: J. Paul Helvy, Esquire Attorney I.D. No. 53148 Audrey Buglione, Esquire Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (phone) (717) 237-5300 (fax) RICHARD D. ANDERSON Plaintiff V. TRACY L. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1515 Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S ANSWER AND COUNTERCLAIM TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW COMES, the Defendant Tracy L. Anderson, by and through her attorneys, McNees Wallace & Nurick LLC, and files the Answer and Counterclaim to Plaintiffs Complaint in Divorce and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. This averment states a conclusion of law and as such requires no answer. 7. Admitted. 8. After reasonable investigation, Defendant possesses insufficient information to admit or deny. Defendant does not know if Plaintiff was advised regarding his right to counseling. 9. This averment states a request for relief and as such requires no answer. COUNTERCLAIM COUNTI REQUEST FOR EQUITABLE DISTRIBUTION UNDER SECTION 3502(a) OF THE DIVORCE CODE 10. Defendant hereby incorporates by reference paragraphs 1-9 as if each of them were set forth fully hereunder. 11. Plaintiff and Defendant possess various items of personal marital property, real property and marital debts, which are subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests your Honorable Court to equitably distribute all property both real and personal owned by the parties, as well as all marital debts. COUNT II REQUEST FOR ALIMONY 12. The averments of paragraphs 1-11 are hereby incorporated by reference thereto. 13. The Defendant believes that and avers that she is entitled to an award of alimony pursuant to the provisions of the Divorce Code. WHEREFORE, Defendant requests this Honorable Court to enter an award of alimony upon entry of the decree in divorce. 2 COUNT III CLAIM FOR ALIMONY PENDENTE L17E. COUNSEL FEES, COSTS AND EXPENSES 14. The averments of paragraphs 1-13 are hereby incorporated by reference thereto. 15. The Defendant believes and avers that she is entitled to an award of reasonable alimony pendente lite, counsel fees, costs and expenses. 16. Plaintiff is able to pay Defendant alimony pendente lite, counsel fees, costs and expenses incidental to this divorce action. WHEREFORE, the Defendant requests this Honorable Court enter an award of alimony pendente lite, alimony, and all reasonable counsel fees and costs and expenses incurred by Defendant as a result of this divorce action. Respectfully submitted, McNEES WtLLACE & NURICK LLC By. J. Paul HeV/y; Esqu' Attorney I.D. No. 53f48 Audrey L. Buglione, Esquire Attorney I.D. No. 206587 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-8000 (phone) Dated: MarchI d, 2008 3 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. 4;"2 Tracy And rson Dated: 3 IZ i I U $- CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Elizabeth B. Stone, Esquire Stone LaFaver & Shekletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 Brenda Williams, Legal Secretary Date: -J&620-0 ?o rte' 4 G" CAI) - oc? cO W f'f P 0 A?kl ,mot F RICHARD D. ANDERSON, IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 08-1515 CIVIL TERM TRACY L. ANDERSON, IN DIVORCE Defendant/Petitioner PACSES Case No: 167109873 ORDER OF COURT AND NOW to wit, this 2nd day of April 2008, it is hereby Ordered that the Petition for Alimony Pendente Lite filed on March 28, 2008 in the above captioned matter is dismissed, without prejudice, pursuant to Rule 1910.16-4(e). The Alimony Pendente Lite award is offset by the Petitioner's obligation for child support of the parties' two children that reside with the Respondent. 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. BY THE COURT: N\ -t ??,V4 M. L. Ebert, Jr., J. DRO: R.J. Shadday xc: Petitioner Respondent J. Paul Helvy, Esq. Elizabeth B. Stone, Esq. Form OE-001 Service Type: M Worker: 21005 T"'? r" ) i ? €'" -' =Y`1 `'? -1 ' n-?{.. tt .,.. , ,,_ ,; 9 ?`?- ""wi ' , { } („-w r; FILED-OFFICE }F SHE Pew 1 FC+?CiARY 2010 MAR -5 Pik 1: 29 INJTY I,E', YD/rN,s J. Paul Helvy I.D. No. 53148 McNees Wallace & Nurick LLC 100 Pine Street P.O. Box 1166 Harrisburg, PA 17108-1166 (717) 232-5343 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RICHARD D. ANDERSON No. 08-1515 Civil Term Plaintiff CIVIL ACTION - LAW V. IN DIVORCE TRACY L. ANDERSON, Defendant PETITION TO WITHDRAW APPEARANCE J. Paul Helvy, Esquire, counsel at McNees Wallace & Nurick LLC, respectfully petitions this Honorable Court for leave to withdraw his appearance as counsel for Tracy L. Anderson, and, in support thereof, avers as follows: 1. Tracy L. Anderson, an adult individual, has a current mailing address of 108 South Frederick Street, 2nd Floor, Mechanicsburg, PA 17055. 2. Petitioner J. Paul Helvy has determined that he is unable to continue the representation of Tracy L. Anderson for a variety of reasons which, if necessary, will be addressed at a hearing regarding this Petition. WHEREFORE, Petitioner J. Paul Helvy respectfully requests leave to withdraw his appearance as attorney for Tracy L. Anderson. McNEES WALLACE & NURICK LLC By _ J. P ul Hely i Dated: March , 2010 L CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a true and correct copy of the foregoing document was served by first-class mail upon the following: Tracy L. Anderson 108 South Frederick Street 2nd Floor Mechanicsburg, PA 17055 Elizabeth B. Stone, Esquire Stone LaFaver & Sheletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 imal", 11ke'lle Armour, ecretary Dated: March + 2010 RICHARD D. ANDERSON, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 08-1515 CIVIL CIVIL ACTION - LAW TRACY L. ANDERSON, DEFENDANT IN DIVORCE ORDER OF COURT AND NOW, this 8th day of March, 2010, upon consideration of the Petition to Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Parties to show cause why the Petitioner should not be granted permission to withdraw as counsel of record; 2. The Parties will file an answer on or before March 29, 2010; 3. The Prothonotary is directed to forward said Answer to this Court. 4. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Parties file an answer to this Rule to Show Cause, the Court will determine if hearing or further Order is needed. v ('Q)Q e .5 Wal lac. e % N tAr1Ci\ J. Paul Helvey, Esquire Petitioner Xacy L. Anderson 108 S. Frederick Street, 2"d Floor Mechanicsburg, PA 17055 ?Elizabeth B. Stone, Esquire bas J By the Court, M. L. Ebert, Jr., J.n C -,jru t7f?, ,N0 N C=J 4 -TI M jm cr 0 4 R r4. ; T;-r: h ?Thr?Y CUIV., McNEES WALLACE & NURICK LLC J. Paul Helvy Attorney I.D. No. 53148 100 Pine Street PO Box 1166 Harrisburg, PA 17108-1166 (717) 237-5343 (717) 260-1701 (fax) phelvy(D-mwn.com RICHARD D. ANDERSON Plaintiff V. TRACY L. ANDERSON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1515 Civil Term CIVIL ACTION - LAW IN DIVORCE MOTION TO MAKE RULE ABSOLUTE AND NOW, comes Petitioner, J. Paul Helvy, and moves to make Rule absolute as follows: 1. A Petition to Withdraw Appearance was filed on March 5, 2010. 2. On March 8, 2010, Judge Ebert issued an Order of Court stating: "If no answer to the Rule to Show cause is filed by the required date, the relief requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting Rule to be made Absolute." The required date is March 29, 2010. 3. To date, no response has been filed. WHEREFORE, Petitioner, J. Paul Helvy, requests this Honorable Court to enter an Order granting the relief requested. McNEES WALLACE & NURICK LLC By Paul Helv ID No. 531 Dated: March 31, 2010 CERTIFICATE OF SERVICE The undersigned hereby certifies that on the 31 st day of March, a true and correct copy of the foregoing document was served by first-class mail, postage prepaid, upon the following: Tracy L. Anderson 108 South Frederick Street 2nd Floor Mechanicsburg, PA 17055 Elizabeth B. Stone, Esquire Stone LaFaver & Sheletski 414 Bridge Street P.O. Box E New Cumberland, PA 17070 is elle Armour, Legal Secretary to J. Paul Helvy RICHARD D. ANDERSON Plaintiff V. TRACY L. ANDERSON, Defendant FlLED? FlCE T.F?Y 2010 APR -6 AM 6: 12 CUm;_° k LINTY APR 05 2010 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 08-1515 Civil Term CIVIL ACTION - LAW IN DIVORCE ORDER AND NOW, this day of ! c 2010, upon consideration of the Petition for Leave to Withdraw as counsel for Defendant Tracy L. Anderson, it is hereby ORDERED and DECREED that J. Paul Helvy, Esquire is granted leave to withdraw as counsel for Defendant Tracy L. Anderson. BY THE COURT: D ibution'. J Paul Helvy, P.O. Box 1166, Harrisburg, PA 17108, li beth B. Stone, Esquire, 414 Bridge Street, P.O. Box E, New Cumberland, PA 17070 racy L. Anderson, 108 South Frederick Street, 2nd Floor, Mechanicsburg, PA 17055 0-6-1) tic s W-yl=t«. �F Cu David 1D. Buell" 414,, Renee 7 Simpson Prothonota ry 15` Deputy Prothonotary � .�r v O /R'6 4« s ohonage, ESQ Irene E. Morrow Solicitor 1750 2"d Deputy Prothonotary Office of the Prothonotary Cum6er(and County, cPennsy(vania -Isis CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 291" DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, PA 17013 • (717)240-6195 • Ea, ,(717)240-6573