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HomeMy WebLinkAbout09-5683IV ANITA M. AVENI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. OQ -Sig 3 (. i u i ?. CIVIL - DIVORCE MARK R. AVENI, Defendant NOTICE TO DEFEND 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 marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the first floor in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ANITA M. AVENI, Plaintiff V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 0'7 - Y", !?'3 C,,a 7-44ra- CIVIL - DIVORCE MARK R. AVENI, Defendant COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, Anita M. Aveni, by her attorney, John M. Kerr, Esquire, pursuant to Section 3301(c) & 3301 (d) of the Pennsylvania Divorce Code, and seeks to obtain a Decree in Divorce from the Defendant, Mark R. Aveni, upon the grounds set forth: COUNT I - NO-FAULT DIVORCE UNDER §§3301(c) or 3301(d) 0 9 ; N . < 5020 Ritter Road Sutte 108 McCharUCSburg, PA 17055 PHONE: 717.766.4008 FAx: 717.766.4066 1. The Plaintiff, Anita M. Aveni, is an adult individual residing at 51. Kensington Drive, Camp Hill, Cumberland County, Pennsylvania 17011. 2. The Defendant, Mark R. Aveni, is an adult individual residing at 220 Hereford Lane, Johnstown, Pennsylvania 15905. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 14, 1988 in Johnstown, Pennsylvania. 5. Plaintiff separated from Defendant on August 8, 2009. 6. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 7. The Plaintiff and Defendant are both citizens of the United States of America. 8. The Defendant is not a member of the United States Armed Forces. 9. The cause of action and section of Divorce Code under which Plaintiff is proceeding is that the marriage is irretrievably broken under 23 Pa. Const. Stat. §3301(c) or 3301(d). 10. Plaintiff requests this Honorable Court to enter a decree of divorce pursuant to Section 3301(c) or 3301 (d) of the Divorce Code. WHEREFORE, it is requested that the Court enter a decree of divorce under either §§ 3301 (c) or 3301 (d) of the Divorce Code. Respectfully submitted, Q;W N. / John C Kerr, Esquire I. D. #26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 kerrlaw@comcast.net Dated: August 17, 2009 law OtflQ of ohn M.-Yrr 5020 Ritter Road State 109 Mechanicsburg, PA 17055 Phnom: 717.766.4005 FAx: 717.766.4066 VERIFICATION The undersigned hereby states that she is the Plaintiff in the foregoing Divorce action and, as such, is authorized to execute this Verification, and that any factual statements in the preceding Complaint in Divorce are true and correct to the best of her knowledge, information and belief. She understands that false statements are subject to the penalties prescribed at 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. a?t?'rc- 4") - ?I'u C?ttc' Anita Aveni ANITA M. AVENI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CERTIFICATE OF SERVICE The undersigned hereby certifies that he has served a copy of the foregoing, "Complaint V. CIVIL ACTION - DIVORCE MARK R. AVENI, NO. Defendant in Divorce," on the below-named individual in the manner indicated: Via Certified Mail: Mark R. Aveni 220 Hereford Lane Johnstown, PA 15905 ?4 Jo n M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 9 L0M <err 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Pmom: 717.766.4005 FAx: 717.766.4066 Dated: August 17, 2009 Q)Q FILED-+-4=F}CE OF THE PRO HON07ARY 2009 AUG 17 PM 2: 51 y a 3s. sv ?u fly eK? ! 923 JQ4 2a4z4o ANITA M. AVENI, Plaintiff V. MARK R. AVENI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5683 CIVIL CIVIL - DIVORCE AFFIDAVIT OF SERVICE Undersigned Paralegal for the Law Office of John M. Kerr, Esquire, deposes and states as follows: 1. Undersigned Paralegal, Heather S. Clouser is an employee of Cumberland County, Pennsylvania and maintains an office at 5020 Ritter Road, Suite 109, Mechanicsburg, Pennsylvania 17055. 2. On August 17, 2009, undersigned Paralegal sent by Certified Mail, Return Receipt Requested, from Mechanicsburg, Pennsylvania, No. 7007-2680-0000-2362-7600, a Complaint in Divorce in the above-captioned matter to: Mr. Mark R. Aveni 220 Hereford Lane Johnstown, PA 15905 90;??T?< / Er 5020 Ritter Road suite 109 Mechardesburg, PA 17055 PHONe: 717.766.4008 FAx: 717.766.4066 3. On August 19, 2009, at 12:03 p.m. Mark R. Aveni signed the receipt, No. 7007-2680- 0000-2362-7600, which is appended to this Affidavit. A Tracking and Confirmation from the United States Postal Service is also appended to this Affidavit. Respectfully submitted, 90)= err 5020 Ritter Road State 109 Mechanicsburg, PA 17os5 PHoNe: 717.766.4005 FAx: 717.766.4066 Dated: August 28, 2009 Sworn and subscribed before me, a Notary Public, this 28th day of August, 2009. ? o-wzl Notary Public Heather S. Clouser, Paralegal Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 heather@gohnkerriaw.com COMMONWEALTH OF PE SYLVANIA Notarial Seal Katherine L. Gochenour, Notary Public Lower Allen Twp., Cumberland County My Commission Expires April 21, 2012 Member: Pennsytvania Association of Notaries USPS - Track & Confirm Page 1 of 1 jjM UNITEDST13TES POSTAL .S?i?+ ICE,: Home I Help I Sign In Track &_Confirm FAQs Track & Confirm. Search Results Label/Receipt Number: 7007 2680 0000 2362 7600 Class: First-Class Mail®?'`t'flrfTl Service(s): Certified Mail" Enter Label/Receipt Number. Restricted Delivery Return Receipt _ Status: Delivered d`+s3 Your item was delivered at 12:03 PM on August 19, 2009 in JOHNSTOWN, PA 15905. Detailed Results: • Delivered, August 19,2009,12:03 pm, JOHNSTOWN, PA 15905 • Notice Left, August 19, 2009,11:47 am, JOHNSTOWN, PA 15905 • Acceptance, August 17, 2009, 3:20 pm, CARLISLE, PA 17013 fv ?? ? . +e ;tip-0 Track & Confirm by email Get current event information or updates for your item sent to you or others by email. Go> Site Map Customer Service Forms Gov't Sevices Careers Privacy Policy I ermS of USe Business Custorer Gateway s. Copyright© 2009 USPS. All Rights Reserved. No FEAR Act EF..O Data FOIA 0 _ V items 1, 2, and 3. Also complete iestricted Delivery is desired. name and address on the reverse can return the card to you. i card to the back of the mailpiece •ont if space permits. sed to: k . Aven, M ? Agent ? Addressee B. Received b Pr/l?ted Name ALe C. Date of Delivery R 1Ir/?- -'O D. Is delivery address different from item 1? ? es If YES, enter delivery address below: ? No G ^ (-)/( 1 C? C 3. Service Type JY f'? 1 J J VIDertified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) 'es ben 7007 2680 0000 2362 7600 try 2004 Domestic Return Receipt 102595-02-M-1540 http://trkcnfrm 1. smi.usps.com/PTSIntemetWeb/InterLabellnquiry. do 8/24/2009 FILED - OFROE OF 'Me PAC>TNONOT?%#? y doo9 SMI, A" 8:11a prj Jeffrey B. Engle, Esquire SHAFFER & ENGLE LA W OFFICES 512 Market Street Millersburg, PA 17061 717-692-2345 *phone 717-692-3554 *fax Jefj@shafferengle.com ANITA M. AVENI, Plaintiff/Respondent VS. MARK R. AVENI, Defendant/Petitioner IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5683 : CIVIL -DIVORCE PETITION TO TRANSFER VENUE Defendant, Mark R. Aveni, by its attorneys, Shaffer & Engle Law Offices, LLC, more specifically Jeffrey B. Engle, Esquire, files this Petition to Transfer Venue pursuant to Pa.R.C.P. 1006(d). In support thereof, Defendant avers the following: 1. Petitioner, Mark R. Aveni, is an adult individual residing at 220 Hereford Lane, Johnstown, Cambria County, Pennsylvania 15905. 2. Respondent, Anita M. Aveni, is an adult individual currently living at 51 Kensington Drive, Camp Hill, Cumberland County, Pennsylvania 17011; however, Respondent has only lived at this address since on or about August 12, 2009. Prior to that date, Respondent resided at 220 Hereford Lane, Johnstown, Cambria County, Pennsylvania 15905. 2 3. Respondent filed a Divorce Complaint in Cumberland County, Pennsylvania on or about August 17, 2009. 4. Both are residents of Cambria County, Pennsylvania. 5. Both parties own real estate in Cambria County, Pennsylvania, and neither party owns any real estate in Cumberland County, Pennsylvania 6. All of the parties' marital property is located in Cambria County, Pennsylvania, including, but not limited to, the following: a. Real estate; b. Savings and checking accounts; C. Personalty items; d. Vehicles; e. Household items; and f. Husband's IRA account through his employment at the Family Dollar Store, Cambria County, Pennsylvania. 7. A majority of the witnesses who will be called to testify, reside in Cambria County, Pennsylvania. 8. Venue for this suit in Cumberland County is based solely on the fact that Respondent is currently living at her parents' home in Cumberland County. 9. Since this County has no relationship with the parties, the marital property, or the witnesses, it would be unfair to require Petitioner to travel to this County to defend this suit. 10. The location of the parties, marital property and witnesses in Cambria County supports the transfer of the instant suit to the Court of Common Pleas of Cambria County, Pennsylvania. 3 11. It is believed and therefore averred, that this Honorable Court has authority to transfer venue pursuant to Pennsylvania Rule of Civil Procedure 1006(d)(1), which states "for the convenience of the parties and witnesses the court upon petition of any party may transfer an action to the appropriate court of any other county where the action could originally have been brought." WHEREFORE, Petitioner respectfully requests that its Petition be granted and this suit be transferred to the Court of Common Pleas of Cambria County, Pennsylvania. Respectfully submitted, SHAFFER & ENGLE LAW OFFICES ?6(3Qj Jeffrey n re ID # 76644 SHAFFER & EN TWOFFIIES 512 Market Street Millersburg, PA 17061 717-692-2345 Attorney for Respondent 4 ANITA M. AVENI, : IN THE COURT OF COMMON PLEAS Plaintiff?Respondent CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 09-5683 MARK R. AVENI, :CIVIL -DIVORCE Defendant/Petitioner CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the foregoing Petition to Transfer Venue was sent First Class U.S. Mail to the following: John M. Kerr, Esquire 5020 Ritter Road, Ste. 109 Mechanicsburg, PA 17055 Date: 3 _ \ I ? ck Melissa Wise, Paralegal to Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 (717)692-2345 5 P E -{? -v OF TNF P d. 2009 OCT 14 Pi' i2: v ANITA M. AVENI, PLAINTIFF/RESPONDENT V. MARK R. AVENI, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 09-5683 CIVIL TERM ORDER OF COURT AND NOW, this 1> day of October, 2009, a Rule is entered against Anita M. Aveni to show cause why venue should not be transferred to Cambria County. Rule returnable fifteen (15) days after service. By the Edgar B. Bagley, J. ffrey B. Engle, Esquire J John M. Kerr, Esquire sal Co ?w ? ?e GJ tp'e-s • I ,At ?.i.I L FIL CH-J =-V? OF THE F'RO'` ONI-ITAPY 7009 OCT 15 Fri 3: 32 ANITA M. AVENI, Plaintiff /Respondent V. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-5683 CIVIL - DIVORCE MARK R. AVENI, Defendant/Petitioner JUDGE BAYLEY ANSWER TO PETITION TO TRANSFER VENUE IN DIVORCE ACTION AND NOW, comes the Plaintiff/Respondent, Anita M. Aveni, by her attorney, John M. Kerr, Esquire, and files the within Answer To Petition To Transfer Venue In Divorce Action, the Nature of which is as follows: 1. ADMITTED. 2. DENIED. Plaintiff/Respondent Anita M. Aventi is a resident of Cumberland County, Pennsylvania, residing at 51 Kensington Drive, Camp Hill, Pennsylvania 17011. By way of additional answer, in the related case of In The Matter of Sean A. Aveni, An Adult Individual, No. 21-09-0795 (Orphan's Court Division), in denying Preliminary Objections in the Nature of a Petition To Transfer Venue, Judge Oler necessarily determined that Plaintiff/Respondent's residence was at the above-stated address, inasmuch as Defendant/Petitioner raised this o .<err 5020 Ritter Road State 109 MediarUcsbtu$. PA 17055 Priors: 717.766.4008 FAx: 717.766.4066 issue as a basis to transfer venue back to Cambria County. 3. ADMITTED. 4. DENIED. Plaintiff/Respondent incorporates by reference, as if fully set forth in its entirety, her answer to paragraph 2 above. By way of additional answer, she has established residency in Cumberland County by, inter alia, registering to vote; enrolling her son in school; --err qoL= 5o2o Rutter Road Suite 109 M0c. wdcsburg. PA 17055 PwoNF: 717.766.4008 FAx: 717.766.4066 and changing her address to that location on her Social Security card and Driver's License. 5. ADMITTED. 6. DENIED. Plaintiff/Respondent's vehicle is in Cumberland County, as well as both her own bank account and personalty/household items which she retrieved from the marital residence. 7. DENIED. After reasonable investigation, Plaintiff/Respondent lacks knowledge of who these witnesses might be and, accordingly, denies the same. Strict proof is demanded at the time of any Hearing. By way of additional answer, the only witnesses may be the parties themselves, one of whom resides in Cumberland County. 8. DENIED. Venue is based upon the fact that the party who filed the Divorce action resides in Cumberland County, Pennsylvania. 9. DENIED. Defendant/Petitioner has already participated in one proceeding in Cumberland County involving the parties' son (see, In the Matter of Sean A. Aveni, an Adult Individual, No. 21-09-0795), and it would be no more of an imposition on Petitioner to participate in the divorce action. Moreover, there is also a support proceeding pending before this Court's County Domestic Relations Section, Aveni v. Aveni, PACSES Case Number 592111215. With two proceedings already in Cumberland County, there is no reason for venue to be transferred in the third. 10. DENIED. The existence of the other two proceedings in Cumberland County supports the fact that the third one should remain in Cumberland County, as well. 11. DENIED. The averment contained at paragraph 11 of the Petition represents a conclusion of law, to which no response is required under the Pennsylvania Rules of Civil Procedure. WHEREFORE, it is requested that the Petition To Transfer Venue to Cambria County be denied. Respectfully submitted, N. John M. Kerr, Esquire I.D. #26414 Law Office of John M. Kerr, Esquire 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717) 766-4008 kerrlaw@comcast.net Dated: October 30, 2009 goZI. CrT sozo Potter Road Suite 108 MeohaNcsburg, PA 17055 Pram: 717.766.4008 FAx: 717.766.4066 CERTIFICATE OF SERVICE The undersigned hereby states that he has served a copy of the foregoing, "Answer To Petition To Transfer Venue In Divorce Action," on the below-named individual in the manner indicated: First-Class Mail, Postage Prepaid Jeffrey B. Engle, Esquire SHAFFER & ENGLE LAW OFFICES 512 Market Street Millersburg, PA 17061 q.k. 10, 1 Y, John . Kerr, Esquire Law Office of John M. Kerr 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 (717)766-4008 90)=. err 5020 Ritter Road Suite 108 MechaNcstxug. PA 17055 PraNF: 717.766.4008 FAx: 717.766.4066 Dated: October 30, 2009 FILt1 "CE- rF 1?7 C ,,',A?Y 2009 OCT 30 hi '4: 03 ?? `11 tii ANITA M. AVENI, PLAINTIFF/RESPONDENT V. MARK R. AVENI, DEFENDANT/PETITIONER IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 09-5683 CIVIL TERM ORDER OF COURT AND NOW, this ~~ day of November, 2009, upon relation of counsel for plaintiff on November 25, 2009, that plaintiff is in agreement that venue be transferred to Cambria County, !T IS ORDERED that venue is transferred to Cambria County. The Prothonotary of Cumberland County shall forward a certified copy of the docket entries with the filings of record to the Prothonotary of Cambria County. By the ~ Jeffrey B. Engle, Esquire ~hn M. Kerr, Esquire sal ~ ~,S ~ t //~~v~U~ -L~ t Edgar B. Bayley, J. ~t~~ -~~ a ~a~ IUU~ 3v ism ~~.:6 G~b~~ ~a~ ~j ~c.1JSY ~ v ~¢..~ tom.