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Home My WebLink About04-0824JOHN A. STATLER, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. D v- ?racj CIVIL TERM ELIZABETH STATLER, 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 divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. LAW OFFICES SNELBAKER. 13RENNEMAN & SPARE By: 1haM L" Attorneys for Plaintiff JOHN A. STATLER, V. ELIZABETH STATLER, NO. V ? , kzq CIVIL TERM Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT COUNT I - DIVORCE 1. Plaintiff John A. Statler is an adult individual residing in Dauphin County, Pennsylvania. 2. Defendant Elizabeth Statler is an adult individual residing at 825 Pamela's Lane, W., Mechanicsburg, Cumberland County, Pennsylvania. 3. Both Plaintiff and 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 June 5, 1988 in Harrisburg, Dauphin County, Pennsylvania. 5, There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. 6. Neither party is a member of the armed forces of the United States of America. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 8. The parties hereto have lived separate and apart since February 14, 2004. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff John A. Statler requests this Court to enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and Defendant. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and incurred debts during their marriage from June 5, 1988. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff John A. Statler requests this Court to order equitable LAW OFFICES SNELBAKER, distribution of marital property and debts. BRENNEMAN & SPARE 2- WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony pursuant to 23 Pa.C.S.A. Section 3301(c) or Section 3301(d); (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. I?4ww ? By: Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: February 25, 2004 Attorneys for Plaintiff John A. Statler LAW OFFICES SNELBAKER. _ BRENNEMAN -3 & SPARE VERIFICATION I verify that the statements made in the foregoing Complaint 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. 4 _ John Date: 2 17,5-16f LAW OFFICES SNELBAKER. BRENNEMAN & SPARE JOHN A. STATLER, V. ELIZABETH STATLER, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT JOHN A. STATLER, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of I8 Pa. C. S. LAW OFFICES SNELBAKER, BRENNEMAN & SPARE § 4904 relating to unsworn falsification to authorities. Date: 2- ) Z5 /0 ? ohn A. State (Plaintiff) 11 rD (? dl ? a °cr N c G f Z IAChent Directory\Stat1u, E\pleadings\Answer and Courtemlaim to Div Complaint.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 March 16, 2004 Attorneys for Defendant JOHN A. STATLER, : IN THE COURT OF COMMON PLEAS Plaintiff V. ELIZABETH STATLER, Defendant CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-824 CIVIL TERM 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 Defendant. You may lose money or property or other rights important to you. 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, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 I:\Client Directory\Statler, E\pleadings\Answer and Courtentaim to Div Complaint.wpd MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Mamb 16, 2004 Attorneys for Defendant JOHN A. STATLER, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. ELIZABETH STATLER, Defendant NO. 04-824 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE AND NOW, comes Defendant, Elizabeth Statler, by and through her attorney, Maria P. Cognetti, Esquire, and files the following Answer and Counterclaim to Plaintiff's Complaint in Divorce and in support thereof avers as follows: 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. C\Client Directgry\Statler, E\pleadings\Answer and Courterclaim to Div Complaintwpd . March 16, 2004 9. The truth of this averment is strictly within the knowledge of Plaintiff and therefore no answer is required. 10. This averment is more properly a prayer for relief and therefore no answer is required thereto. WHEREFORE, Defendant requests this Honorable Court enter a Decree in Divorce. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 of Plaintiffs Complaint and Defendant's Answers thereto are incorporated herein by reference thereto. 11. [sic]Admitted. 12. Admitted. WHEREFORE, Defendant requests this Honorable Court equitably distribute the parties' marital assets and debts. COUNTERCLAIM COUNTI - DIVORCE 13. Paragraphs 1 through 12 of Plaintiff s Complaint and Defendant's Answers thereto are incorporated herein by reference thereto. 14. Defendant avers that the grounds on which the action is based are as follows: Plaintiff has offered such indignities to Defendant, the injured and innocent spouse, so as to make LThent Directory\Statler, E\pleadings\Answer and Courterclaim to Div Complaint.wpd March 16, 2004 Defendant's condition burdensome and life intolerable. WHEREFORE, Defendant requests this Honorable Court grant her a divorce on the grounds of indignities. COUNT II - ALIMONY 15. Paragraphs 1 through 14 of Plaintiffs Complaint and Defendant's Answers thereto are incorporated herein by reference thereto. 16. Defendant lacks sufficient property to provide for her reasonable needs. 17. Defendant is unable to sufficiently support herself through appropriate employment. 18. Plaintiff has sufficient income and assets to provide continuing support for Defendant. WHEREFORE, Defendant requests this Honorable Court compel Plaintiff to pay Defendant alimony. COUNT III - ALIMONY PENDENTE LITE ATTORNEY'S FEES AND COSTS 19. Paragraphs 1 through 18 of Plaintiffs Complaint and Defendant's Answers thereto are incorporated herein by reference thereto. 20. By reason of this action, Defendant will be put to considerable expense in the h\Client Directory\Sta[ler, Epleadings\Answer and Courterclaim to Div Complaint.wpd March 16, 2004 preparation of her case in the employment of counsel and the payment of costs. 21. Defendant is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself during the pendency of this action. 22. Defendant's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and the costs of this litigation. 23. Plaintiff has adequate earnings to provide for Defendant's support and to pay her counsel fees, costs and expenses. WHEREFORE, Defendant requests this Honorable Court compel Plaintiff to pay Defendant alimony pendente lite and grant her attorney's fees and costs. COUNT IV - INJUNCTIVE RELIEF 24. Paragraphs 1 through 23 of Plaintiff's Complaint and Defendant's Answers thereto are incorporated herein by reference thereto. 25. Defendant believes that Plaintiff intends to and/or has removed from this jurisdiction, disposed of, alienated, encumbered and/or dissipated such marital assets for the purpose of and/or with the intent of defeating Defendant's right as prayed for hereinabove, all of which would irreparably harm Defendant. 26. The removal from this jurisdiction, disposal of, alienation, encumbering and/or dissipation of said marital assets by Plaintiff would be detrimental to the rights of Defendant and C\Clignt Directory\Statler, E\pleadings\Answer and Courterclaim to Div Complaint.wpd March 16, 2004 would defeat the purposes of the Divorce Code, all of which would irreparably harm Defendant. WHEREFORE, Defendant requests this Honorable Court issue an order preliminarily enjoining the removal, disposal, alienation, encumbering and/or dissipating of any marital asset and to permanently so enjoin Plaintiff thereafter. COUNT V - EXCLUSIVE POSSESSION OF MARITAL PROPERTY 27. Paragraphs 1 through 26 of Plaintiff's Complaint and Defendant's Answers thereto are incorporated herein by reference thereto. 28. The marital residence of the parties is located at 825 Pamela's Lane, W., Mechanicsburg, Cumberland County, Pennsylvania. 29. Defendant is currently residing in the marital residence with the parties' son. 30. §3502(c) of the Divorce Code states that "[t]he Court may award, during pendency of the action or otherwise, to one or both of the parties the right to reside in the marital residence." 31. Paragraph 3323(f) of the Divorce Code states that: "In all matrimonial causes, the Court shall have full equity power and jurisdiction and may issue injunctions or other Orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the Court has jurisdiction and who is involved in or concerned with the disposition of the cause." 32. Defendant believes and therefore avers, that it would be appropriate for her and 1XIient Directgry\Statler, E\pleadings\Answer and Courterclaim to Div Complaint.wpd March 16, 2004 the parties' child to be permitted to have exclusive possession of the marital residence. WHEREFORE, Defendant requests this Honorable Court, pursuant to Section 3502(c) of the Divorce Code, award Defendant and the parties' child the right to live in the family home for a reasonable period of time. Respectfully Submitted: MARIA P. COGNETTI & ASSOCIATES i Date: March 16, 2004 By: TTI, ESQUIRE MARIA . COON Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant b a ?' y V ? f 'T V ? Y i. -: l A. STATLER, Plaintiff V. BETH STATLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-824 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE THE PROTHONOTARY: Please mark Plaintiffs claims for Divorce and Equitable Distribution raised in the filed in this action discontinued, ended and withdrawn on your docket and indices. SNELBAKER, BRENNEMAN & SPARE, P. C. BY: LAW OFFICES SNELBAKER. BRENNEMAN & SPARE April 9, 2004 Keith O. Brenneman, Esquire 44 W. Main Street Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff John A. Statler CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have, on the below date, a true and correct copy of the foregoing Praecipe to be served upon the person and in the indicated below: FIRST CLASS MAIL POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Maria P. Cognetti, Esquire 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 SNELBAKER, BRENNEMAN & SPARE, P.C. I By. Keith O. Brenneman, Esquire 44 W. Main Street P. O. Box 318 Mechanicsburg, PA. 17055 (717) 697-8528 Attorney for Plaintiff John A. Statler April 9, 2004 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE C7 0 n r ?. (%: N _?_ ??. -1 4?'t ?_ Ci -n ?-i ??- -n i.lf_ -O'R'S ? G i 7 ??, T, -l1 J? -c .'R _? `lr 19Chent DtrctorytStatlm, E\plcaingmUffi&a to(Sa ce. Scn MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant JOHN A. STATLER, IN THE COURT OF COMMON PLEAS Plaintiff V. ELIZABETH STATLER, Defendant Apei19, 2000 CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-824 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, MARIA P. COGNETTI, ESQUIRE, do hereby certify that a true and correct copy of Defendant's Answer and Counterclaim to Complaint in Divorce was served upon Plaintiffs counsel by certified mail, return receipt requested, on March 23, 2004. The original signed return receipt, number 7002 0510 0000 5688 3113, is attached hereto and made a part hereof. MARIA P. CO_GNETTI & Date: By: MARIA P. ICOGN TT , ESQUIRE Attorney I.D. No. 2'. 4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant Sworn to and sub c?7jbed before rye th day of i 2004. NOTARI& SEA Janine M. 01mq, Notary Palo J MY Gomm BON July 20, 9tal C / 7Notary ub ' TES ? 11111: I also wish to receive the • Complete items 1 and/or 2 for additional sertices. • Complete items 3, 4a, and 4b. following services (tor an • Isdm your name and address on the reverse of this form so that we can return this cud to yyou. extra fee): or on the back If space does not A • tt a cch 4s form to the front of the mailpiece 1. [3 Addressee's Address , t1 p p•e rn •Wd "Return Receipt Requested°on the mailpiece below the adlcle number. ill h h h ti l d li d d th d t 2. ? Restricted Delivery ow to w om t e ar c e was e vere an e a e • The Return Receipt w s delivered. Consult postmaster for fee. S 3. Article Addressed to: A. , 7002 0510 0000 5688 3113 ` Sn EU3hl2 ?KEIJ EW RN ?cSPRKKL` {? C 4b. Service Type tifi ? C d t i U4 UjLq rad-ul, SAWA- 1 I er e ail ? Insured El Express Mail i g 2 3i19 Q Return Receipt for Merchandise ? COD 7. Date of De' d By. (Print Name) 8. Addr s Address aid) 3 6 signs e: (Addresses orAg nt) 2 K? . 2 PS Form 3611, December 1984 C, ; Srnr? 102595-ae-11.0229 ? cQ'l 3 CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, Attorney for Defendant herein, do hereby certify that on this date I served the foregoing Affidavit of Service by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055 Date: April 9, 2004 By: MARIA P. COGNETTI & ASSOCIATES MARIA P!COGRQgTI & ASSOCIATES Attorney I.D. No... 914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant (7 no C c.a e_: Z7i ? _ -i i [:7 ,. ,r <,.. ._1 _ ''c: - <?> G ?,? ?" cr> Curtis R. Long Prothonotary Off1CC of the Vrotbonotarp Cumberlantl Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor o - 922 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 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, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573