Loading...
HomeMy WebLinkAbout09-4016JOYCE K. ADAMS, Plaintiff VS. DONALD W. ADAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2009- 1/0/& 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 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 marriage, you must request marriage counseling. A list of marriage counselors is avail- able in the Office of the Prothonotary at 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, PENNSYLVANIA 17013 (A" MAX J. SMITH, JR., Esquire JARAD W. HANDELMAN, Esquire Attorney for Plaintiff P.O. Box 650 Hershey, PA 17033 (717) 533-3280 Max J. Smith, Jr., Esquire Attorney I.D. #32114 Jarad W. Handelman, Esquire Attorney I.D. #82629 James, Smith, Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Telephone: 717-533-3280 Fax: 717-533-2795 e-mail: mjsajsdc.com JOYCE K. ADAMS, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2009- 41,016 CIVIL TERM DONALD W. ADAMS, CIVIL ACTION -LAW Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, JOYCE K. ADAMS, by her attorney, MAX J. SMITH, JR., Esquire, and seeks to obtain a Decree in Divorce upon the grounds hereinafter more fully set forth: 1. The Plaintiff, JOYCE K. ADAMS, is an adult individual and citizen of the United States of America, whose address is 2414 Boas Street, Harrisburg, Dauphin County, Pennsylva- nia 17103. 2. The Defendant, DONALD W. ADAMS, is an adult individual and citizen of the United States of America, whose address is Twelfth Street, Lemoyne, Cumberland County, Penn- sylvania 17043. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on or about June 1, 1963 in Blairsville, Pennsylvania. 5. Plaintiff and Defendant separated on or about April 4, 2004, a period in excess of two (2) years. 6. Plaintiff avers that there are no children of the parties under the age of 18. 7. Neither Plaintiff nor Defendant is a member of the United States Armed Services. 8. Plaintiff and Defendant have both been advised of the availability of marital counseling and that each may have the right to request that the court require the parties to participate in counseling. 9. Plaintiff avers that there has been no prior action for divorce or annulment of the marriage filed by either party in this or any other jurisdiction. 10. Plaintiff avers that the marriage is irretrievably broken. WHEREFORE, Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II - EQUITABLE DISTRIBUTION 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as though set forth in full. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property". 13. Plaintiff and Defendant may have owned prior to the marriage property, both real and personal, which property has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which is "marital property". 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY 15. Paragraphs one (1) through fourteen (14) are incorporated herein by reference as though set forth in full. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to adequately support herself through appropriate employment. 17. Plaintiff requests reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony and additional sums as they may become necessary from time to time hereafter until final hearing and permanently thereafter. COUNT IV - ALIMONY PENDENTE LITE COUNSEL FEES AND EXPENSES 18. Paragraphs one (1) through seventeen (17) are incorporated herein by reference as though set forth in full. 19. Plaintiff is without adequate funds to pay the costs and expenses of this litigation, and is, likewise, without funds to maintain herself during the pendency of this litigation. WHEREFORE, Plaintiff requests the Court to enter an Order requiring Defendant to pay Plaintiff alimony pendente lite, counsel fees and expenses of the litigation. Respectfully submitted, Date: June 2009 MAX J. SMITH, Ok., Esquire I.D. No. 32114 JARAD W. HANDELMAN, Esquire I.D. No. 82629 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 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 Pa. C.S. Section 4904, relating to unworn falsification to authorities. , rr? ?=rar, ?,?ati CF 60 2a s JUN 15 3.0 3 33 1?• S-o ?d ° 4 7(?-•OO 0.# 76s-11-3 aaG 7S? JOYCE K. ADAMS, Plaintiff VS. DONALD W. ADAMS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- 4016 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE NOTICE If you wish to deny any of the allegations set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the allegations will be admitted. 1. A Complaint in Divorce under Section 3301(c) and 3301(d) of the Divorce Code was filed on June 1 S , 2009. 2. The parties to this action separated on April 4, 2004 and have continued to live separate and apart for a period of at least two (2) years. 3. The marriage is irretrievably broken. 4. I 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., Section 4904 relating to unsworn falsification to authorities. DATE: 2009 tf'c J(JYq K. ADAMS 2009 Jill. - ? P`?, r?: v? f n-±, JOYCE K. ADAMS, IN HE COURT OF COMMON PLEAS Plaintiff C ERLAND COUNTY, PENNSYLVANIA vs. NO 2009-4016 CIVIL TERM DONALD W. ADAMS, C IL ACTION -LAW Defendant IN IVORCE AND NOW, this 2nd day of July, 2009, I, 1\ Plaintiff, hereby certify that I have this day sent a c. Divorce Code by depositing a certified copy of sam certified mail #7008 1300 0001 8218 1950 at Hurrn Donald W. Adams 20 North Twelfth Street Lemoyne, PA 17403 Mailing and return receipt cards attached ~X J. SMITH, JR., Esquire, Attorney for ~y of Affidavit Under Section 3301(d) of the in the United States mail, postage prepaid, ~lstown, Pennsylvania, addressed to: J. SMITH, JIB Esquire J es, Smith, Dietterick & Connelly LL.r P. .Box 650 He shey, PA 17033 (717) 533-3280 O ~i'I ~ . Q~ r~ - ~O ra r1J ~ Postage ~ Certified Fee O p Retum Receipt Fee p (Endorsement Required) p Restricted Delivery Fee (Endorsement Required) ~ Total Postage & Fees ep t o p ( ~ 3`tie'et, Apt. 'o.; .. ---- r' nr Pn Rnr AM '1!h ~ Berns 1, 2. std 3. Also complete MN~ 4 ff Rsshlcted Delivery is desired. ^ PifA~t your name and address on the reverse b that vtre can return the card to you. r Ml~ch this card to the back of the ma0piece, tar art the front ff space permits. 1. Mlle Addressed to: try lVarrte) DsMry Q . Is delNery address different fret[ item 11 O Yes ff YES, enter delivery address below: ^ Na `~v~d l~ . CN-~~,.v~,p : ~ ^ ~2-~s 1~,~~C ~L~- ~.. 31i~rvioa iype ^ ~~Q, yy~ t (~ - ` ~~ Mall Express Mall O Ra9lsterad ^ Return Receipt far bler~cllndM ~ ~ ~ ^ instead Mail ^ C.O.D. 41 ~ 4 RewNMi owwryt' his F+al- ~''i'w""~'"'~" 70Q8 13Q0 Alistearr~w arm rtt~iy QQ1 8218 1950 Pb dorm ~t / . FaOMUnt >1~Ot oasssllc nlt. n 1CMIiifM~~ ~(I_~ , ~~ {~' wt.'s ~ ! ~i i ~~ i> t t ,r _...~ JOYCE K. ADAMS, IN HE COURT OF COMMON PLEAS Plaintiff C ERLAND COUNTY, PENNSYLVANIA vs. N0.2009-4016 CIVIL TERM DONALD W. ADAMS, C ACTION -LAW Defendant IN IVORCE AND NOW, this 2nd day of July, 2009, I, Plaintiff, hereby certify that I have this day sent a certified copy of same in the United States mail,l 8217 7878 at Hummelstown, Pennsylvania, addre Donald W. Adams 20 North Twelfth Street Lemoyne, PA 17403 Mailing and return receipt cards attached Ja P. (71 K J. SMITH, JR., Esquire, Attorney for of Complaint in Divorce by depositing a ;e prepaid, certified mail #7008 1300 0001 to: ~ ~~~~`~/ ~ J. SMITH, JR., $squire s, Smith, Dietterick & Connelly Lr,P Box 650 hey, PA 17033 1533-3280 .... ~ tilUe)I:~Ylf.7i~iF7IL~ N ~ ~ ~ rti Postage ~ Certified Fee ~ G Retum Receipt Fee (Endorsement Required) D O Reatrtcted Delivery Fee (F.ndorsemem Required) O O m Total Postage fl Feea t To '~ O ~P~YICIJ.~ d 3` roe '~ 0 P t t t 0<~~>~. ao ~ • Oanplete Iterrre 1.2, and 3. Also complete Nlm 4 H Restricted Livery Is desired. ^ PNnt your name and address on the reverse ao that we can return the card to you. ~ AMrch this card to the back of the rnallpiece ar on the frtmt if spates permits. 1. AACIe Addressed to: /4 D aewsrc by (Prir-ted Nerve) ~ C. Date of Qlrllnwy Is delivery aifdress dllferent from item 11 ^ Yes ff YES, enter delivery address t~elow: ^ No t..t.~ . Q.~urd~.-n...rJ ~,yly~-jam .~~.~~¢.. ur<~tk 1ZY r~ A~ I~~ed MffiI O Express Mail ~-'`R©~ I Qr~ ^ Registered O Return Receipt for MerdlsrdM %~ b~3 ^ insured Mail O C.O.D. 4 -MrIMe1~+b~13.IM.rttiF.*- ~;?~. ~' ~~"~` 70D8 13DD DD1 8217 7878 ~IlitleArMr aewerslrbe~ !~ t~errrr 3!l11, FebnNry II004 ~orrNeue nwm ~et~w~ee~nM ; ~„ ^~~ T, ~' t ~ s ~ ~ u ,- ,,,,-:~,1..~,,,~~.~~~ l`~L.1'di~t1 n;' L l -? JOYCE K. ADAMS, Plaintiff VS. DONALD W. ADAMS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 09-4016 : CIVIL ACTION - LAW : IN DIVORCE c? c -o rnrn Cn;;o a r- ?P -... r-a C- c r- 3 N e. rn- F - MOTION FOR APPOINTMENT OF MASTER Donald W. Adams, Defendant, by and through his attorney, Mark A. Mateya, Esquire, moves This Honorable Court to appoint a master with respect to the following claims: (X) Divorce ( ) Annulment (X) Alimony ( ) Alimony Pendente Lite (X) Distribution of Property ( ) Support (X) Counsel Fees (X) Costs and Expenses and in support of the motion states: (1) Discovery is complete as to the claims for which the appointment of a master is required; (2) Plaintiff, Joyce K. Adams is represented in this action by Max J. Smith, Jr., Esquire. (3) The statutory grounds for divorce are 23 Pa.C.S. section 3301(c). (4) The action is contested with respect to the following claims: divorce, equitable distribution of the parties' marital property, distribution of property, alimony, alimony pendente 1 lite, attorney's fees, and costs and expenses. (5) The action involves complex issues of fact. (6) The hearing is expected to take one day. (7) Plaintiff, Joyce K. Adams, filed a complaint in divorce on June 15, 2009. There has been no substantive motion in this case, despite the Defendant's attempt to reach a settlement with Plaintiff on the outstanding issues. (8) Counsel for the parties have attempted to reach an agreement of the issues surrounding this Divorce to no avail. WHEREFORE, Defendant, Donald W. Adams, respectfully requests that This Honorable Court appoint a master with respect to the claims for divorce, equitable distribution of the parties' marital property, distribution of property, Alimony, alimony pendente lite, attorneys fees and costs and expenses. Respectfully submitted, Mark A. Mateya, squire Attorney ID No. 78931 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Date: -z 7 i Attorney for Defendant 2 VERIFICATION I, Donald W. Adams, verify that the facts set forth in the foregoing Motion for Appointment of Master are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. § 4094, relating to unsworn falsification to authorities. DATED: a .7 L Io Donald W. Adams 4 CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Max J Smith Jr Esquire PO Box 650 Hershey PA 17033 Mark A. Mateya, Esquire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (717) 241-3099 Fax Dated: V ' Y // JOYCE K. ADAMS, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 09-4016 DONALD W. ADAMS, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER APPOINTMENT MASTER 0120( day of2011,? Esq. is appointed AND NOW, this master with respect to the following claims: 1. Equitable Distribution; 2. Granting of Divorce Decree; 3. Alimony; =- c 4. Attorney's fees; and, =::U G-) - 5. Costs and expenses Cn -? xy C- f v.) fCD 4vi BY THE COURT: "d zz_ • J. ? MaxJ.Srn??h ,?. F.? M? *4eyo. Law Frrr (?o y 8k, 3 JOYCE K. ADAMS, Plaintiff vs. DONALD W. ADAMS, Defendant TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNS VLvg&I NO. 2009-4016 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ' QC-) c> PRAECIPE Please formally discontinue the Complaint in Divorce that was filed by the Plaintiff, Joyce K. Adams on June 15, 2009. Thank you. Date: April 3, 2012 MAX J. SMITH, ., Esquire I.D. No. 32114 JESSICA E. LOWE, Esquire I.D. No. 208041 James, Smith, Dietterick & Connelly LLP P.O. Box 650 Hershey, PA 17033 (717) 533-3280 JOYCE K. ADAMS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 4016 CIVIL DONALD W. ADAMS, Defendant IN DIVORCE ORDER OF COURT c-q AND NOW, this ? `?? day of , 2012, in accordance with the order of President Judge Kevin A. Hess dated March 27, 2012, the Master requests that the Court vacate his appointment in the above-captioned divorce proceedings. BY THE COURT, /'/' - -/! ?A' - , 5 1. Kev' A. Hess, P.J. cc: ? Max J. Smith, Jr. Attorney for Plaintiff Mark A. Mateya Attorney for Defendant e.s *Le, le ells' :v ;i JOYCE K. ADAMS, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. 09-4016 DONALD W. ADAMS, : CIVIL ACTION - LAW Defendant : IN DIVORCE ORDER AND NOW, this --? 7 v101 day of 2012, upon consideration of Defendant's Petition to Direct the Divorce Master to Vacate Appointment, IT IS HEREBY ORDERED AND DECREED, that E. Robert Elicker, II, Esquire, is hereby directed to vacate his appointment as Divorce Master in the above-referenced action. BY THE COURT: 13 J. C`} ha 7-0 Z _ TRUE COPY FROM RECORD In Testimony whereof, 1 here unto set my hand and the seal of said Court at 20L Carlisle, Z 3 Pa, This ,__ day of --1-?-?, ?2_ Prothonotary