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HomeMy WebLinkAbout08-7212JOHN W. WRIGLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 01- Vl,? (16,'I 'l yffk? MARGARET B. WRIGLEY, 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 foregoing 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 in 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square 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 Telephone: (717) 249-3166 JOHN W. WRIGLEY, Plaintiff vs. MARGARET B. WRIGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. JOHN W. WRIGLEY, Plaintiff vs. MARGARET B. WRIGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 F- 7 az rd. Ct;,d' 7,;'- IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, JOHN W. WRIGLEY, by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is JOHN W. WRIGLEY, an adult individual who currently resides at 21 Carriage Road, New Cumberland, York County, Pennsylvania. 2. The Defendant is MARGARET B. WRIGLEY, an adult individual who currently resides at 301 Reeser Road, Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 23 June 1984 in Havertown, Pennsylvania. 5. The marriage is irretrievably broken. 6. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. Plaintiff previously filed an action in divorce before the Court of Common Pleas of York County, Pennsylvania, to Docket No. 2006-DI 2058-Y02. Plaintiff subsequently withdrew that divorce action and it no long?r exists. COUNT N - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prlays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY PENDENTE LITE 10. Plaintiff is currently charged with the financial and all other responsibilities of supporting the parties' children. 11. Plaintiff is without sufficient income to support and maintain himself, the children, and the household where the children reside during the pendency of this action. 12. Defendant enjoys a substantial income and is well able to contribute to the support and maintenance of Plaintiff, and the children and the household in which the Plaintiff and the children reside, during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay him reasonable alimony pendente lite, during the pendency of this action. COUNT IV COUNSEL FEES AND EXPENSES 13. Plaintiff is without sufficient funds to pay the cost of this litigation, including the cost of his attorney. 14. Without competent counsel, Plaintiff cannot adequately prosecute his claims against Defendant and cannot adequately litigate his rights in this matter. 15. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the other'expenses of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. amuel L. An es Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). /7 Date: W. WRIGLEY 41 ' N ? C? u a O ? Cr ° 77- ; , JOHN W. WRIGLEY, Plaintiff vs. MARGARET B. WRIGLEY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 67- 9 /; IN DIVORCE (NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counteraffidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) F THE DIVORCE CODE 1. The parties to this action separated in October 2005, and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unswom falsification to authorities. Date: / */ 0 J N W. WRIGLEY nv` r C cA3 ? 0 JOHN W. WRIGLEY, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 08-7212 Civil Term MARGARET B. WRIGLEY, Defendant TO THE PROTHONOTARY: IN DIVORCE PRAECIPE Please reinstate Plaintiffs Complaint in the above matter. Date: '20 # 'January 2009 m I L. Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 ?V t 40 44 c U C> -, 4 ? °v Cw ?n T13 -? L Commonwealth of Pennsylvania County of Cumberland, ss: JOHN W. WRIGLEY, Plaintiff ) vs. ) MARGARET B. WRIGLEY, ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2008-7212 CIVIL TERM Motion for Appointment of Master JOHN W. WRIGLEY, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce (xxx) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (xxx) Counsel Fees ( ) Alimony Pendente Lite (xxx) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, Charles Rector, Esquire. 3. The statutory ground(s) for divorce are: 3301 (d) - separation beyond two years. 4. Check the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: zq J1.n 04 Date Samuel L. Andes Attorney for Plaintiff AND NOW, 2009, , Esquire, is appointed Master with respect to the following claims: divorce, distribution of property, counsel fees, costs and expenses. BY THE COURT, J. r?s C75 IT, J I ?F r? Commonwealth of Pennsylvania J,,N ^ 8 20096 County of Cumberland, ss: JOHN W. WRIGLEY, Plaintiff ) vs. ) MARGARET B. WRIGLEY, ) Defendant ) In the Court of Common Pleas of Cumberland County, Pennsylvania No. 2008-7212 CIVIL TERM Motion for Appointment of Master JOHN W. WRIGLEY, Plaintiff moves the court to appoint a Master with respect to the following claims: (xxx) Divorce (xxx) Distribution of Property ( ) Annulment ( ) Support ( ) Alimony (xxx) Counsel Fees ( ) Alimony Pendente Lite (xxx) Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by her attorney, Charles Rector, Esquire. 3. The statutory ground(s) for divorce are: 3301 (d) - separation beyond two years. 4. Check the applicable paragraph(s). (xxx) The action is not contested. ( ) An agreement has been reached with respect to the following claims: ( ) The action is contested with respect to the following claims: 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 1 day. 7. Additional information, if any, relevant to the motion: Zr( 12.-a 0i =5Z ;k Date Samuel L. Andes Attorney for Plaintiff AND NOW, Q? 2009, d At ? , Esquire, is appointed Master wit espect t1b the fo lowing claims: divorce, distribution of property, counsel fees, costs and expenses. BY T COU T J J. Y 1? VCAJ? V Z NA A ID F . ?S SHERIFF'S RETURN - REGULAR .' CASE NO: 2008-07212 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND :" WRIGLEY JOHN W VS WRIGLEY MARGARET B ROBERT BITNER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon WRIGLEY MARGARET B the DEFENDANT , at 2007:00 HOURS, on the 26th day of January , 2009 at 301 REESER ROAD CAMP HILL, PA 17011 by handing to MARGARET WRIGLEY a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing Service Postage Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 23.40 .42 10.00 R. Thomas Kline .00 51.82 01/27/2009 SAMUEL ANDES By. t ' day Deputy Sheriff A.D. c.. .... C.?„ " _4 ? .^ ".X , 7 ?? i`?.T ?? ,. ? ?, JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 JOHN W. WRIGLEY, Plaintiff VS. MARGARET B. WRIGLEY, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : No. 08-7212 CIVIL ACTION - AT LAW DIVORCE PRAECIPE TO ENTER APPEARANCE AS COUNSEL FOR DEFENDANT TO THE PROTHONOTARY: Please enter my appearance as counsel of record for Defendant, Margaret B. Wrigley, in the above divorce action. Dated: By: JE E B. COSTOPOULOS, ESQUI Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, hereby certify that this day I personally served a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure, by depositing a copy of the same with the United States Post Office at Mechanicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 By: JEA E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: // l' F""`a 8''?T. C_? v..? i } ?? ,.".'; y??? qx'c i LJ °r ?,? i ?? + ..'?? .i.?.. JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Rd., Ste. 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant JOHN W. WRIGLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. MARGARET B. WRIGLEY, Defendant NO. 08-7212 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S PETITION TO STAY DIVORCE PROCEEDINGS PURSUANT TO Pa.R.C.P. 1920.6 AND NOW comes Defendant, Margaret B. Wrigley, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully represents as follows in support of this Petition to Stay Divorce Proceedings: 1. Petitioner is Margaret B. Wrigley, Defendant above (hereinafter referred to as "Wife"), currently residing at 301 Reeser Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Respondent is John W. Wrigley, Plaintiff above (hereinafter referred to as "Husband"), currently residing at 21 Carriage Road, New Cumberland, York County, Pennsylvania, 17070. 3. Husband filed a Complaint in Divorce at the above term and docket number on or about December 9, 2008. 4. Husband reinstated the Complaint on January 20, 2009 and it was served on Wife on January 26, 2009. 5. Previously, on April 16, 2008, Husband filed a Complaint in Divorce in the York County Court of Common Pleas at docket number 2006-FC-002058-02, which is the same docket at which the parties were previously involved child custody proceedings. 6. The divorce filed in York County was subsequently withdrawn by Husband and he instead filed the instant action in Cumberland County. 7. Wife filed a Complaint in Divorce in the York County Court of Common Pleas on January 27, 2009. 8. Husband continues to reside in the marital residence located at 21 Carriage Road, New Cumberland, York County, Pennsylvania, 17070. 9. York County is the county in which the last family domicile was located and in which Husband continues to reside. 10. It is Wife's averment that Husband is forum shopping and that he withdrew the York County Complaint in Divorce and filed the Cumberland County Complaint in Divorce in an effort to choose an audience more sympathetic to Husband's position. 11. Neither action should proceed until the York County Court of Common Pleas makes a determination pursuant to Pa.R.C.P. 1920.6 as to which of the two actions shall be stayed and which shall proceed. 12. No judge has previously been assigned to this case. 13. Undersigned counsel has contacted Husband's attorney, Samuel L. Andes, Esquire, and he opposes the relief requested herein. WHEREFORE, Defendant respectfully requests this Honorable Court to stay the divorce proceedings filed by Husband in Cumberland County pending a determination by the York County Court of Common Pleas as to which of the two actions shall be stayed and which shall proceed. Respectfully Submitted: By: JJEANNE B. COSTOPOULO ,?UIRE Attorney I.D. No. 68735 5000 Ritter Rd., Ste. 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant/Petitioner Dated: 2 ` ?0 ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney for Margaret B. Wrigley, Plaintiff. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing petition are known to her and not necessarily to her client. 4. The facts set forth in the foregoing petition are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unworn falsification to authorities. By: JE E B. COSTOPOULOS, UIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: Z 6 Q Telephone No. (717) 221-0900 Attorney for Defendant f L CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for Defendant herein, Margaret B. Wrigley, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 By: JE E B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Rd., Ste. 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant/Petitioner Dated: 2 / I lr ril "t7 r,. JOHN W. WRIGLEY, Plaintiff ) vs. ) MARGARET B. WRIGLEY, ) Defendant ) IN TI PLE) COU NO. IN DI NOTICE COURT OF COMMON OF CUMBERLAND Y, PENNSYLVANIA 3-7212 CIVIL TERM TO DEFENDANT NAMED HEREIN: YOU ARE HEREBY NOTIFIED TO RESPOND TO THE ENCLOSED ANSWER AND NEW MATTER WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. Date: i 4 ?. S'aMuel L. An s Attorney for Pla ntiff Supreme Court ID 17225 525 North 12th Street P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 JOHN W. WRIGLEY, Plaintiff vs. MARGARET B. WRIGLEY, Defendant IN TH COURT OF COMMON PLEA OF CUMBERLAND COU TY, PENNSYLVANIA NO. 8-7212 CIVIL TERM IN DI ORCE AND NOW comes the above-named Plaintiff, by his atto makes the following Answer to Defendant's Petition to Stay Div 1. Admitted. 2. Admitted. 3. Admitted. By way of further answer, Plaintiff states Defendant's attorney accept service of the Complaint. By way incorporates herein the averments set out in his New Matter. 4. Admitted. By way of further answer, Plaintiff incorpo out in his New Matter. 5. Denied as stated. The York County divorce action r The number listed in Paragraph 5 of Defendant's Motion is the action in which the court of York County awarded custody of th, Plaintiff, John W. Wrigley. 6. Admitted. By way of further answer, Plaintiff incorpi out in his New Matter. 7. Admitted. 8. Admitted. 9. Admitted. By way of further answer, however, Piair resides in Cumberland County. 10. Denied. Plaintiff denies that this court represents sympathetic" to his position and avers that, to the contrary, he adjudicate the proceedings in this matter fairly, equitably and H set forth in Plaintiff's New Matter are incorporated herein by wz , Samuel L. Andes, and Proceedings: 3t his attorney requested further answer, Plaintiff herein the averments set is filed to 2006-DI-2058-Y02. umber of a child custody parties' minor children to the rated herein the averments set states that Defendant i audience more eves that this court will dispatch. The averments of further answer. 11. Denied. Defendant in this action has not made Common Pleas of York County to determine which of the actic request has been to this court. By way of further answer, Pla reference, the averments set out in his New Matter. 12. Admitted. 13. Denied. Defendant's counsel has not contacted subject matter of this petition prior to filing it. WHEREFORE, Plaintiff prays this court to dismiss Proceedings. NEW MATTER request to the Court of should be stayed. Her only incorporates herein, by ntiff s counsel about the Petition to Stay Divorce 14. Plaintiff in this matter commenced a divorce action n York County in April of 2008. 15. Although the parties litigated the child custody matter in York County, which action was originally filed in 2006, there was no litigation in the divorc action and no progress toward a resolution of the issues in the divorce case from the date it w s filed until the end of 2008. 16. Prior to January of 2009, the Defendant, Margaret 0. Wrigley, was represented by Charles Rector, Esquire, in the York County divorce action. 17. Plaintiff's counsel, Samuel L. Andes, recommende to Plaintiff that the York County action be discontinued an a new action filed in Cumberland County as a wait to expedite the proceedings. At the time he gave that advice, Mr Andes believed that the Defendant, through her attorney Mr. Rector, agreed to such procedure. 18. When the parties were not successful in negotiatin a settlement of any of the significant economic issues in the case, Plaintiff discontinued t e York County action. When Plaintiff did that, his counsel advised Mr. Rector that Plaintiff w s discontinuing the York County action and proceeding with an action in Cumberland County. Attached hereto and marked as EXHIBIT A is a copy of Plaintiff's counsel's letter of 1 December 2008, to Charles Rector, Esquire, advising him of these matters. 19. Plaintiff filed the instant action before this court on 9 December 2008. Plaintiff's counsel promptly thereafter forwarded a copy of the divorce co plaint to Mr. Rector with a request that he accept service of the complaint if he were auth rized to do so. 20. Although Mr. Rector continued to represent the De communicate with Plaintiffs counsel regarding the economic is service of the complaint or gave Plaintiffs counsel any answer service of the complaint. 21. At no time since notified by Plaintiffs counsel of County action and the commencement of this action did Defe protest or object to either the discontinuance of the York Coui of this action. 22. Plaintiff discontinued the York County action becau County proceeding would proceed more expeditiously and with himself and to Defendant. 23. The idea to proceed with the divorce action in Curr originate with Plaintiff himself, but with his attorney. Defendant that the decision to proceed in Cumberland County was an atte shopping" and Plaintiff demands proof of the statements to her Motion. and continued to , he never accepted the request that he accept discontinuance of the York nt or anyone on her behalf action or the commencement he believed the Cumberland less expense to ind County did not no basis for her statement to engage in "forum effect made by Defendant in 24. Although the parties own a residence which was the former marital domicile and is located in York County, that asset represents a relatively small ortion of the marital assets, which include the following: A. A vacation home in Delaware which has a value in excess of $360,000.00. B. A building lot in Delaware which has a value of approximately $200,000.00. C. Defendant's benefits within the Pennsylvania Public School Employees Retirement System which Plaintiff believes are worth more than $100,000.00. D. Plaintiffs annuity from the Pennsylvania State Employees Retirement System which he believes has a value in excess of $80,000.00. Plaintiff believes that the marital residence is worth less than All of the other assets are not located in York County and can WHEREFORE, Plaintiff prays this court to dismiss Proceedings so this matter can proceed. Samuel L. Ahdes Attorney for Plaintiff Supreme Court ID# 1' 525 North 12th Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 of the total marital estate. easily dealt with by this court. s Petition to Stay Divorce y I verify that the statements made in this document are that any false statements in this document are subject to the (unswom falsification to authorities). Date: ?'? W. WRI and correct. I understand Ities of 18 Pa. C.S. 4904 CERTIFICATE OF SERVICE I hereby certify that I served an original of the foregoing ocument upon Defendant's counsel herein by regular mail, postage prepaid, addressed as Ilows: Jeanne B. Costopoulos, Esquire 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Date: 10 February 2009 Amy V. Harkins for Samuel L. Andes EXHIBIT A FILE COPY SAMUEL L. ANDES ATTORNEY AT LAW 525 NORTH TWELFTH STREET LEMOYNE, PENNSYLVANIA 17043 Mailing Address: P.O. Box 168 Lemoyne, PA 17043-0168 11 December 2008 Telephone. (717) 761-5361 Fax: (717) 761-1435 E-Mail: LawAndes ® aoLcom Charles Rector, Esquire 1104 Fernwood Avenue, Suite 203 Camp Hill, PA 17011 RE: Wrigley Dear Charlie: I have persuaded John Wrigley to withdraw the divorce actin in York County and file a new action here in Cumberland County. I enclose a copy of the prae 'pe I sent to York County to formally discontinue that action and a copy of the divorce complaint, and the Section 3301(d) affidavit, which I have filed in Cumberland County. I think that proceeding in Cumberland County will make this and for the parties, particularly if we do not come to an agreement to agree. If you are authorized to do so, please accept service of the di, affidavit for your client by signing the enclosed Acceptance of Servii Prothonotary, and mailing me a copy when you do so. If you are not let me know and I will arrange to have your client served by the Shei be necessary. Please do not take this filing as a termination of my efforts to i would still like very much to settle and is prepared to negotiate to do I him within the next two weeks to prepare a response to your latest set meantime, if you could give me you and your client's response to my very helpful in keeping these matters moving forward. Sincerely, le Enclosures cc: Mr. John Wrigley Samuel L. Andes lch easier for you and I ttle all claims. I hope you -ce complaint and the filing it with the thorized to accept service, Hopefully that will not lve the case. John I hope to meet with Lent proposal. In the letter, that would be JOHN W. WRIGLEY, Plaintiff vs. MARGARET B. WRIGLEY, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEA?OF YORK COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 006 DI 2058 Y02 IN DIVORCE PRAECIPE Please enter my appearance on behalf of the Plaintiff matter. Please withdraw Plaintiffs Complaint in Divorce and Date: 21 November 2008 W. Wrigley in the above the case "discontinued." Samuel L. Andes` Attorney for Plaintiff Supreme Court I # 17225 525. North 12' Strset P.O. Box 168 Lemoyne, PA 1 043 (717) 761-5361 JOHN W. WRIGLEY, ) IN T E COURT OF COMMON Plaintiff ) PL S OF CUMBERLAND CO NTY, PENNSYLVANIA .vs. ) CIVIL ACTION - LAW NO. MARGARET B. WRIGLEY, ) Defendant ) IN D?VORCE You have been sued in court. If you wish to defend foregoing pages, you must take prompt action. You are wa case may proceed without you and a decree in divorce or a you by the court. A judgment may also be entered against requested in these papers by the Plaintiff. You may lose rr important to you, including custody or visitation of your child When the ground for the divorce is indignities or irr( marriage.'you may request marriage counseling. A list of the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthoi 1 Courthouse Square IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVI%E LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYI HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEI 4arndft of 1211 ist the claims set forth in the Cumberland County Bar Associa 32 SOUTH BEDFORD STREE TRUE COPY FROM RECOWISLE, PA 17013 Trine: (717) 249-3166 that if you fail to do so, the ment may be-entered against for any other claim or relief y or property or other rights breakdown of the counselors is available in OF PROPERTY, ULMENT IS GRANTED, AT ONCE. IF YOU DO NOT :LEPHONE THE OFFICE SET L HELP. n JOHN W. WRIGLEY, Plaintiff vs. MARGARET B. WRIGLEY, Defendant TO THE WITHIN-NAMED DEFENDANT: IN T E COURT OF COMMON PL S OF CUMBERLAND CO NTY, PENNSYLVANIA CIVIL ACTION - LAW NO. IN DIVORCE You have been named as the Defendant in a. the Court of Common Pleas of Cumberland County. This notii accordance with Section 3302 (d) of the Divorce Code, you ma you and your spouse to attend marriage counseling prior to a d the court. A list of professional marriage counselors is availab Office, 13 North Hanover Street, Carlisle, Pennsylvania.. You a as a convenience to you and you are not bound to choose a co necessary arrangements and the cost of counseling sessions a If you desire to pursue counseling, you must make your twenty days of the date on which you receive this notice. Failt in a divorce proceeding filed in e is to advise you that in request that the court require vorce being handed down by e at the Domestic Relations advised that this list is kept from this list. All to be bome by you and your guest for counseling within to do so will constitute a waiver of your right to request counseling. JOHN W. WRIGLEY, ) IN T1 I E COURT OF COMMON Plaintiff ) PL S OF CUMBERLAND COU TY, PENNSYLVANIA vs. ) CIVIL ACTION - LAW } NO. MARGARET B. WRIGLEY, Defendant ) IN DI? ORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, JOHN W. WRIGLEY, by his attorney, Samuel L. Andes, and makes the following Complaint in Divor : 1. The Plaintiff is JOHN W. WRIGLEY, an adult individual who currently resides at 21 Carriage Road; New Cumberland, York County, Pennsylvania. 2. The Defendant is MARGARET B. WRIGLEY, an adult individual who currently resides at 301 Reeser Road, Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fid? residents of the this Complaint. 4. The Plaintiff and Defendant were married on 23 June 1984 in Havertown, Pennsylvania. 5. The marriage is irretrievably broken. 6. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties t? participate in counseling. 7. Plaintiff previously filed an action in divorce before the court of common Pleas of York County, Pennsylvania, to Docket No. 2006-DI 2058-Y02. laintiff subsequently withdrew that divorce action and it no longer exists.'. 8. The Plaintiff requests this Court to enter a Decree irk Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT 11- EQUITABLE DISTRIBUTION 9. During the course of the marriage, the parties have 'acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, afte? requiring full disclosure by the Defendant, to equitably divide the property, both real-and personal, owned by the parties hereto as marital property. COUNT III - ALIMONY PENDENTE LI E 10. Plaintiff is currently charged with the financial and a I other responsibilities of supporting the parties' children. 11. Plaintiff is without sufficient income to support and and the household where the children reside during the pende 12. Defendant enjoys a substantial income and is well and maintenance of Plaintiff, and the children and the househi children reside, during the course of this action. WHEREFORE, Plaintiff prays this Honorable Court to o reasonable alimony pendente lite during the pendency of this < vvurs i it - %oyunor-i- mco amu t 13. Plaintiff is without sufficient funds to pay the cost himself, the children, of this action. le to contribute to the support in which the Plaintiff and the Defendant to pay him this litigation, including the cost of his attorney. 14. Without competent counsel, Plaintiff cannot adequately prosecute his claims against Defendant and cannot adequately litigate his rights in his matter. 15. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiffs attorney and. the other -expenses of .this-litigation. . WHEREFORE, Plaintiff prays this Honorable Court too der Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Attorney for PI intiff Supreme Cou ID # 17225 525 North 12"' treet Lemoyne, Pa 1 043 (717) 761-5361 i I verify that the statements made in this Complaint are a and correct. I understand that any false statements in this Complaint are subject to the enalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). Date: W. (7 . O* i N N c" 1?v FEB , 2G 191 JOHN W. WRIGLEY, Plaintiff V. MARGARET B. WRIGLEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-7212 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE ORDER OF COURT AND NOW this i3' day of 2009, a Rule is hereby issued on Plaintiff to show cause why Defendant's Petition to Stay Divorce Proceedings Under Pa.R.C.P. 1920.6 should not be granted. Rule returnable 2 d days from service. BY THE COURT: Distribution: uel L. Andes, Esq., P.O. Box 168, Lemoyne, PA 17043 e?anne B. Costopoulos, Esq., 5000 Ritter Rd., Ste. 202, Mechanicsburg, PA 17 055 J Y is :tyi• 'r?-? r ('t,.,l "?, k' Z +. l,Z t d a ,p? ,V,Nr f 'rv?71 00 :h 141 d 01 833 6002 L JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Rd., Ste. 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Attorney for Defendant JOHN W. WRIGLEY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. MARGARET B. WRIGLEY, Defendant : NO. 08-7212 CIVIL TERM CIVIL ACTION -LAW DIVORCE DEFENDANT'S REPLY TO PLAINTIFF'S NEW MATTER AND NOW comes Defendant, Margaret B. Wrigley, by and through her attorney, Jeanne B. Costopoulos, Esquire, and respectfully submits the following Reply to Plaintiff's New Matter: 14. Admitted. 15. It is admitted that the case had not yet been settled when Plaintiff essentially transferred it from York to Cumberland County for no apparent reason. It is denied the parties had determined that their positions were drastically apart. By way of further answer, neither side had exchanged spreadsheets with the other showing the values of all assets and debts such that meaningful settlement discussions could take place. 16. Admitted. 17. Defendant is without sufficient information to comment on advice given to Plaintiff by his counsel or the beliefs of Plaintiff's counsel. 18. It is admitted that Plaintiff withdrew the York County action. It is denied that the reason for the withdrawal was to make things easier for everyone in the event the case did not settle. By way of further answer, discovery was incomplete and a settlement offer was pending when Plaintiff's counsel decided to suddenly change the forum in which the case was pending. 19. Admitted. 20. Defendant is without sufficient information to admit or deny the averment of paragraph 20 of Plaintiff's New Matter. 21. Denied. When Defendant retained undersigned counsel she immediately filed to stay the Cumberland County case and she initiated a divorce action in York County at the original docket number as the parties' custody and prior divorce proceedings. 22. Denied. Since no formal discovery had yet been exchanged and settlement efforts had not yet been exhausted there was no reason to believe Plaintiff would save money by paying additional filing fees and attorney fees to file a new complaint in a separate jurisdiction. Of note, Plaintiff's original York divorce complaint contained several less counts than the subsequent Cumberland complaint. 23. It is admitted that Plaintiff's counsel rather that Plaintiff personally made the decision to change jurisdictions. As to proof, it is common knowledge by practicing divorce attorneys that Cumberland County is more generous with alimony awards than York County and a review of York County and Cumberland County master recommendations confirms that fact. 24. It is admitted the marital residence is located in York County. It is admitted the parties own other assets outside of York County, none of which are located in Cumberland County. By way of further answer, the only property owned by either party located in Cumberland County is Defendant's non-marital, post-separation assets that are not subject to equitable distribution. By way of further answer, Pa.R.C.P. 1920.6 clearly states that the county in which the last family domicile was located shall make the determination as to which county will retain jurisdiction when two actions in divorce are pending simultaneously. WHEREFORE, Defendant respectfully requests this Honorable Court to stay the divorce proceedings filed by Husband in Cumberland County pending a determination by the York County Court of Common Pleas as to which of the two actions shall be stayed and which shall proceed. Respectfully Submitted: By: 4? JEANNE B. COSTOPOULOS, ESQU Attorney I.D. No. 68735 5000 Ritter Rd., Ste. 202 Telephone No. (717) 221-0900 Attorney for Defendant Dated: /? ATTORNEY VERIFICATION Undersigned counsel, Jeanne B. Costopoulos, Esquire, hereby verifies and states that: 1. She is the attorney Margaret B. Wrigley, Defendant. 2. She is authorized to make this verification on her behalf. 3. The facts set forth in the foregoing petition are known to her and not necessarily to her client. 4. The facts set forth in the foregoing petition are true and correct to the best of her knowledge, information, and belief. 5. She is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unsworn falsification to authorities. By: JEANNE B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Telephone No. (717) 221-0900 Date: Attorney for Defendant CERTIFICATE OF SERVICE I, Jeanne B. Costopoulos, Esquire, Attorney for Defendant herein, Margaret B. Wrigley, do hereby certify that on this date I served the foregoing document by depositing a true and exact copy thereof in the United States mail, first class, postage prepaid, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Dated: --dX* By: JEA B. COSTOPOULOS, ESQUIRE Attorney I.D. No. 68735 5000 Ritter Rd., Ste. 202 Telephone No. (717) 221-0900 Attorney for Defendant CJ w° Q 05