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HomeMy WebLinkAbout09-8300Edmund J. Berger Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 therger@bergerlawfirm.net IN THE COURT OF COMMON PLEAS OF CUMBiRLAI CdUNTI , PENNSYLVANIA NICHOLAS E. DAVIS, Plaintiff V. TRACE C. DAVIS, Defendant . Docket No. 64 -8306 IN DIVORCE 6 , 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 Tail 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: 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 248-3166 AVI O USTED HA SIDO EMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presen4n mas idelente en Ids siguientes paginas, debe tomar acci6n dentro de los pr6xirhos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso readicando personalmente o por medlo de un abogado una compar+ecencia escrita y radicando en las Corte por escrito sus defenses de, y objecciones a, las demanda presntadas aqui en contra suya. Se le advierte de que si usted fella de tomar acci6n Como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reciamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin m6s'aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFOMACION A CERCA DE COMO CONSEQUIR UN ABOGADO. SI LISTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 If you fail to appear as provided by this order, an order for custody, partial custody or visitation may be entered against you or the court may issue a warrant for your arrest. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE GAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY- BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business be re the cour please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. BY THE COURT: J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 10 NICHOLAS E. DAVIS, Docket No. 3 Plaintiff V. IN DIVORCE TRACE C. DAVIS, Defendant COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE AND FOR EQUITABLE DISTRIBUTION COUNT 1 - DIVORCE UNDER SECTION 3301(c) 1. Plaintiff, NICHOLAS E. DAVIS, currently resides at 1779 Kings Arms Court, New Cumberland, Cumberland County PA 17070. 2. Defendant, TRACE C. DAVIS, currently resides at 1779 Kings Arms Court, New Cumberland, Cumberland County PA 17070. 3. Both Plaintiff and Defendant have been residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 28, 2005 in New Cumberland, Pennsylvania. 5. Prior action for Divorce was filed on May 12, 2008 which was discontinued by Praecipe filed on October 20, 2008. 6. The marriage is irretrievably broken. 7. 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. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce. COUNT 2 - EQUITABLE DISTRIBUTION 8. Paragraphs 1 through 7 are incorporated into this Count by reference. 9. Plaintiff and Defendant have accumulated various marital property during the course of their marriage, the fair and equitable division of which is required. WHEREFORE, Plaintiff requests that an Order be entered fairly and equitably dividing the marital property of the parties in accordance with Chapter 35 of the Divorce Code, 23 Pa.C.S. §3501, et seq. Edmund J. Berger Attorney for Plaintiff BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 VERIFICATION I, NICHOLAS DAVIS, 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. §4904 relating to unswom falsification to authorities. NICHOLAS DAVIS Date RLF?-,,)F71CE OF THE PRO InONCTARY 2009 DEC -I PH 2 2 4 C ,i e 'f-UNTY P a\JNS fLjlAN 36. 5-0 Q.. aG C 3c.W. 916 -, ""Y o-*4- qa, 1qji - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, ; Docket No. aR -- 936D Plaintiff ' IN DIVORCE V. TRACE C. DAVIS, ' Defendant CERTIFICATE OF SERVICE a« i L'I&P-L I hereby certify that I have this day served a true copy of the foregoing document, Complaint in Divorce, upon the participants, listed below, in accordance with the requirements of § 1.54 (relating to service by a participant): BY FIRST CLASS MAIL Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Date: November 30, 2009 Gulnul" W. -a- Attorney I.D. #53407 BERGER LAw FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 tberger d@bergerlawfirm.net fi(LEt -?)-IrE THE f{C?T, tgRY 2008 DEC - I PM 2: 24 r `'LVAA 4!4 r r, :_ ~-;:-- Edmund J. Berger Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 (717) 920-8900 tberger@bergerlawfirm. net n• ~ - -• , ~ l o~ Ufs f to P-'tr- a~ 5 3 (.::' 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, Plaintiff v. TRACE C. DAVIS, Defendant :.Docket No. 2009-8300 CIVIL IN DIVORCE PLAINTIFF'S MOTION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE PURSUANT TO SECTION 3502(C) AND NOW COMES PLAINTIFF, by his attorney, Edmund "Tad" Berger of Berger Law Firm, P.C., and submits this Motion for Exclusive Possession of Marital Residence, pursuant to 23 Pa.C.S. 3502(c). In support of this Motion, Plaintiff respectfully submits as follows: 1. Plaintiff, NICHOLAS E. DAVIS, currently resides at 1105 Cartres Road, Etters, PA 17319. 2. Defendant, TRACE C. DAVIS, currently resides at 1779 Kings Arms Court, New Cumberland, Cumberland County PA 17070. 3. Prior to their separation, both Plaintiff and Defendant resided at the marital home at 1779 Kings Arms Court, New Cumberland, PA 17070. 4. Plaintiff and Defendant were separated while Plaintiff was deployed with the U:S. Military in Iraq. Plaintiff advised Defendant's counsel of this separation by letter dated February 5, 2009. 5. Upon Plaintiff s return from his deployment in December, 2009, Plaintiff took up short-term housing while he attempted to negotiate a return of the marital residence to him. 6. Notwithstanding Defendant's exclusive possession of the marital residence and her statements to Plaintiff that she would pay certain expenses associated with it during her occupancy, Plaintiff has had to pay the mortgage and other expenses of the property in order to prevent foreclosure action on the marital residence. 7. During Defendant's exclusive occupancy of the marital residence, Defendant has failed to maintain it, resulting in deterioration of the condition of the premises and a decrease in the value of the property. 8. Since Plaintiffs return from his deployment, he has been the primary custodian of the parties' 4-year old twin children, Lillian Davis and Lavinia Davis, due to Mother's frequent unavailability, work schedule, and other commitments. Daycare is also provided Monday through Friday by Plaintiffs parents. 2 9. Defendant's current possession of the marital residence reflects the fact that the parties separated during Plaintiff's deployment and does not reflect Plaintiff's consent to Defendant's exclusive possession of the premises. 10. Defendant is capable of obtaining separate housing and may be entitled to support from Plaintiff to assist with such costs during the pendency of the divorce proceedings. 11. Because Plaintiff is the primary custodian of the children, because he is compelled to pay virtually all of the expenses for the marital residence, and because Defendant has failed to properly maintain the residence, Plaintiff should be awarded exclusive possession of the marital residence pursuant to 23 Pa.C.S. § 3502(c). 12. Pursuant to Cumberland County Rule of Procedure 208.2(d), Plaintiff sought to obtain the concurrence of Defendant's counsel to this Motion but such concurrence was denied. 13. No judge has ruled upon any issue in this matter. However, Judge Oler previously entered custody orders of June 3, 2008 and August 19, 2008 with respect to a prior custody conciliation between the parties ~ Docket I)ler 2008-2487 Civil. August 13, 2010 Edmund J. Berger Attorney for Plaintiff BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tberger@bergerlawfirm.net VERIFICATION I, NICHOLAS DAVIS, verify that the statements made in this Motion for Exclusive Possession of Marital Residence are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. l~- • Date NICHOLAS DAVIS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, . Docket No. 2009-8300 CIVIL Plaintiff . v IN DIVORCE TRACE C. DAVIS, Defendant . CERTIFICATE OF SERVICE I hereby certify that I have this day served a true copy of the foregoing document, Plaintiffs Motion for Exclusive Possession of Marital Residence, upon the participants, listed below, in accordance with the requirements of § 1.54 (relating to service by a participant): BY FIRST CLASS MAIL Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Date: August 13, 2010 Attorney I.D. #53407 BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 tberger@bergerlawfirm. net 11. . AUG [010 Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NICHOLAS E. DAVIS, Plaintiff V. TRACE C. DAVIS, Defendant Docket No. 2009-8300 CIVIL IN DIVORCE RULE TO SHOW CAUSE D AND NOW this 2-.c>r day of 2010, the Court issues a Rule to Show Cause upon Defendant why Plaintiff is not entitled to the relief request in Plaintiff's Motion for Exclusive Possession of Marital s? 07 Residence. Rule returnable Z o days from the date of^this Order. BY THE COURT: S/ao/io fi44,f 4, Andrew C. Sheely, Esquire Attorney for Defendant/Respondent 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net NICHOLAS E. DAVIS, Plaintiff VS. TRACE C. DAVIS, Defendant `7 " om t ?t IN THE COURT OF COMMON PLE AS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW 09 - 8300 IN DIVORCE ANSWER TO MOTION FOR EXCLUSIVE POSSESSION Defendant, Trace C. Davis, by and through counsel of Andrew C. Sheely, Esquire, hereby submits this Answer to Plaintiff's Motion for Exclusive Possession and respectfully states as follows: 1. Admitted upon information and belief. 2. Admitted. 3. Admitted. 4. Admitted in part./Denied in Part. It is admitted that Plaintiff was deployed to Iraq in December of 2008 and remained there for approximately 1 year. It is further admitted that Plaintiff's counsel directed a letter to Defendant's counsel advising Defendant's counsel that Plaintiff's counsel believed the parties were separated. It is specially denied that Plaintiff and Defendant were separated as a matter of law and strict proof thereof demanded at trial. By way of further response, Plaintiff's deployment stayed any legal proceedings pursuant to 50 U.S.C. Section 522. 5. Admitted in Part./Denied in Part. It is admitted that Plaintiff did not move in with Defendant when he returned from Iraq and that Plaintiff and Defendant engaged in property discussions thereafter. Defendant has no knowledge of whether Plaintiff took up short-term housing and therefore the remaining allegations are denied and strict proof thereof demanded at hearing. 6. The allegations of paragraph 6 are denied and strict proof thereof demanded at hearing. By way of further reply, Defendant and the parties, two children lived at the marital residence without seeking any form of support upon the belief that the mortgage payments would be made by Plaintiff while Defendant obtained a nursing education. 7. Denied, and strict proof demanded at hearing. 8. Denied, and strict proof thereof demanded at hearing. To the contrary, the parties have and continue to share physical custody of the minor children around their employment and educational schedules. 9. Denied, and strict proof demanded at hearing. By way of further response, these matters can and should be addressed through domestic relations conferences. 2 10. Admitted with clarification. Either party, including Defendant, is capable of obtaining separate housing. By way of further answer, the domestic relations office and court rules pertaining to support, mortgage contribution and related expenses is the appropriate forum to resolve the issue raised in the instant petition. 11. Denied, and strict proof demanded at hearing. By way of further answer, the domestic relations office and court rules pertaining to support, mortgage contribution and related expenses is the appropriate forum to resolve the issue raised in the instant petition. 12. Admitted. 13. Admitted. WHEREEFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff's Motion for Exclusive Possession of the marital residence in accordance with the proposed Order of Court, attached hereto. Respectfully submitted, Date: September 2010 Andrew C. Sheely, Esquire PA ID 62469 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 717-697-7065 (fax) andrewc.sheely@verizon.net 2 NICHOLAS E. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW TRACE C. DAVIS, 09 - 8300 Defendant IN DIVORCE PROPOSED ORDER OF COURT AND NOW, this day of , 2010, upon consideration of the petition and answer thereto, Plaintiff's Motion for Exclusive Possession of the marital residence is DENIED. This Order of Court shall not preclude Plaintiff or Defendant from seeking relief through the filing of a support proceeding before the Cumberland County Domestic Relations Office. BY THE COURT, J. Edmund J. Berger, Esquire Attorney for Plaintiff Andrew C. Sheely, Esquire Attorney for Defendant VERIFICATION I verify that the statements made in this Answer to Plaintiff's Motion for Exclusive Possession are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: September 2010 ?4e ,T C. Davis CERTIFICATE OF SERVICE I, ANDREW C. SHEELY, hereby certify that I served a true and correct copy of Defendant's Answer to Plaintiff's Motion for Exclusive Possession upon counsel of record on the below listed date by first class mail, postage prepaid, as follows: Edmund J. Berger, Esquire Berger Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 September 2010 Andrew C. Sheely, Attorney NICHOLAS E. DAMS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V S. TRACE C. DAMS N0.2009-8300 CIVIL 2U 09 Defendant _.~ a MOTION FOR APPOINTMENT OF MASTER ~' ~ ~ Defendant ,moves the court to appoint a master with respex R ° r~ . -~..,-~ ~ r~ ~.. r~l the following claims: I ~ r-a --~ } _-_ ; r t- ~ . ~_ ^X Divorce ^X Distribution of Property s= ~ ' ~ ~~ .,~ '~ ^ Annulment ^ Support - -.1 ~ ~} ^ Alimony ^ Counsel Fees tpr c.7 -- -,-~ ^ Alimony Pendente Lite ^ Costs and Expenses y ~ ~ ~=~'*~ ~~~ and in support of the motion states: =°= ~ i d ~' = ,_._, • • ~ ' s requeste K ~ y I . Discovery is complete as to the claims (s) for which the appointment of a master -;.~ 2. The defendant has appeared in the action (personally) (by his attorney,_ •-~~,~ Y`~ Edmund J. Berger ,Esquire). 3. The staturory ground (s) for divorce sBLSCr oNE SECTION 3301(c) OF THE DIVORCE CODE 4. Delete the inapplicable paragraph (s): A ^X B © C ^ a. The action is not contested. b. An aereement has been reached with respect to the followine claims: C. The action is contested with respect to the following claims: Distribution of Properly 5. The action involves complex issues of law or fact. 6. The hearing is expected to take 3 hours 7. Additional information, if anv, relevant to th otion: Date: 10/06/2010 ttorney for Plaintiff Edmund J. Berger Print Name ORDER APPOINTING MASTER AND NOW , 20 Esquire, is appointed master with respect to the following claims: By the Court, 1. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TRACE C. DAVIS, Plaintiff vs. DOCKET NO. 2009-8300 Civil NICHOLAS E. DAVIS, Defendant Certificate of Service I hereby certify that I have this day served a true copy of the foregoing document, Motion for the Appointment of a Master, upon the participants, fisted below, in accordance with the requirements of § 1.54 (relating to service by a participant): BY FIRST CLASS MAIL Andrew C. Sheely, Esq. 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Dated this 6th day of October, 2010 yM~~IMIIV V. VGI~GI BERGER LAW FIRM, P.C. 2104 Market Street Camp Hill, PA 17011 Phone: (717) 920-8900 Fax: (717) 920-8901 E-Mail: tbergert~bergerlawfirm.net OCT 0 8 :2010 ~_ 1 NICxoLA5 E. DAV1S IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V S. TRACE C. DAVIS NO.2009-8300 CIVIL 2Q 09 Defendant ~ MOTION FOR APPOINTMENT OF MASTER ~ ~ ,~ Defendant ,moves the court to appoint a master with respele ° ~-~ ~ the following claims: ^X Divorce ^X Distribution of Property r`'~ ~ f ~ ~ ~' ~ ~ ~ t' ~ ~ ^ Annulment ^ Support f ~ /~ ~'~~ ...,1 ^ Alimony ^ Counsel Fees r/~ t~~ ^ Alimony Pendente Lite ^ Costs and Expenses ~ ~ ~ ~ `~ and in support of the motion states: '~=' ~ _ • • a " 1. Discovery is complete as to the claims (s) for which the appointment of a master is requested . ~ 2. The defendant has appeared in the action (personally) (by his attorney,_ ~°'~ ;~ ;;~ Edmund J. Berger ,Esquire). 3. The staturory ground (s) for divorce sELECr oNE SECTION 3301(c) OF THE DIVORCE CODE 4. Delete the inapplicable paragraph (s): A ^X B © C ^ a. The action is not contested. b. An aereement has been reached with resnect to the followine claims: G. The action is contested with respect to the following claims: Distribution of Property 5. The action involves complex issues of law or fact. 6. The hearing is expected to take 3 hours 7. Additional information, if anv, relevant to th otion: Date: 10/06/2010 ttorney for Plaintiff Edmund 3. Berger Print Name ORDER APPOINTING MASTER AND NOW 20(_Q__, ~ yLQ.~.//7~ ~,L!!~1 ~ Esquire, - -- is appointed master with respect to the following claims: ~ O~ G~ri~/ !~J d ~ -_ ~' :~ = ~~ ~o ~ F s ~ r.s._ o a- c.~ : - . . m~i G7 h- ._- {:fie `yam 1='}' ~ . W r- % " ca.. ~ l ~1~~. j KJ ~ -, By the Court, ~ ~!' J. e Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) andrewc.sheely@verizon.net NICHOLAS E. DAVIS, Plaintiff vs. TRACE C. DAVIS, Defendant ~1~~~-~~~1~~ orn r-~~ a ~~ r,~.r,~~~~ rA~; ~~. ~t1~~ ~ ~ ~~ i l'I f~~ ~`~ 5,~.~'tii'r~ ItLYrtSC'd€~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09 - 8300 IN DIVORCE ANSWER AND COUNTERCLAIMS Defendant, Trace C. Davis, by and through Andrew C. Sheely, Esquire, hereby files this Answer and Counterclaims to the Complaint in Divorce and respectfully states as follows: 1. Admitted in part/Denied in Part. It is admitted that the Plaintiff is Nicholas E. Davis. It is denied that Plaintiff lives at 1779 Rings Arms Court, New Cumberland, Pennsylvania. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Denied. The allegations of paragraph 6 are conclusions of law to which no response is required. 7. Admitted. WHEREFORE, Defendant respectfully requests the entry of a Divorce Decree upon resolution of the economic claims raised in # ~9od - z ~L~L Cis e~ 373 this action in divorce, including all counts raised herein. Count ii. Equitable Distribution 8. Admitted. 9. Admitted with clarification. It is admitted that the parties' acquired real estate, personal property, motor vehicles, bank accounts, retirement funds, cash, mortgages, credit card debt and other items requiring equitable distribution. WHEREFORE, Defendant respectfully requests that this Honorable Court equitably divide all property. COUNTERCLAIMS COUNT iiI. - Alimonv/Alimonv Pendeate Lite 10. The allegations in Paragraphs 1 - 9 are incorporated herein and made a part hereof. 11. Defendant lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 12. Defendant requires reasonable support to adequately maintain herself. 13. Plaintiff earns more income and has a higher earning capacity than Defendant. 2 WHEREFORE, Defendant requests your Honorable Court to enter an award of alimony pendente lite until final hearing and hereafter enter an award of alimony permanently thereafter. COUNT IV. - Attornev Fees and Costs 14. The allegations in Paragraphs 1 - 13 are incorporated herein and made a part hereof. 15. Defendant has been forced to incur attorney fees in defending the claims raised by Plaintiff. 16. Plaintiff is in a far greater financial position than Defendant and Plaintiff should assume Defendant's counsel fees and costs in protecting her lawful interests. WHEREFORE, Defendant requests your Honorable Court to enter an award of reasonable attorney fees together with court costs. Respectfully submitted, October ~-~ , 2010 By: Andrew C. Sheely, Esqu're Pa. ID No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 Attorney for Defendant 3 VERIFICATION I verify that the statements made in this Defendant's Answer and Counterclaims are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: October ~ 2010 Trace C. Davis CERTIFICATE OF SERVICE I, Andrew C. Sheely, Esquire, hereby certify that I am this day serving the foregoing Defendant's Answer and Counterclaims upon the following named individual this day by depositing same in the United States Mail, First Class, postage prepaid, at Mechanicsburg, Pennsylvania, addressed as follows: Edmund J. Berqer, Esquire Berqer Law Firm, P.C. 2104 Market Street Camp Hill, PA 17011 Date: October 4~P 2010 Nicholas E. Davis V. Trace C. Davis IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-8300 DIVORCE DECREE AND NOW, !qlh% _ 2.4 z a 1 1 , it is ordered and decreed that Nicholas E. Davis , plaintiff, and Trace C. Davis bonds of matrimony. defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Equitable Distribution. By the Court, J. / Q)? AV /b 'D . "Boat, Prothonotary le(4 , eot? 74:6 Be'r 1mj/eZ("4 S NICHOLAS E. DAVIS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW , TRACE C. HALL, formerly known as :. ='. TRACE C. DAVIS, cnr_ ?rYr Defendant NO. 09-8300 CIVIL TERM IN RE: CAPTION AMENDED -- ORDER OF COURT AND NOW, this 8th day of August, 2011, the caption in this case is amended pursuant to an agreement of counsel to provide that the Defendant's present name is Trace C. Hall. Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 For Plaintiff Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 For Defendant :mae By the Court, IN THE COURT OF COMMON PLEAS OF. CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW TRACE C. HALL, formerly known as m?? s. TRACE C. DAVIS, Defendant NO. 09-8300 CIVIL TERM IN RE: PETITION FOR MODIFICATION OF CUSTODY NICHOLAS E. DAVIS, Plaintiff v ORDER OF COURT AND NOW, this 8th day of August, 2011, upon consideration of the father's Petition for Modification of Custody in the above-captioned matter, and following an initial period of hearing, which has not yet been completed, the record shall remain open, and counsel are requested to contact the Court's secretary for purposes of scheduling an additional half-day of hearing in this matter. The Court will enter an interim order prior to the commencement of the school year dealing with the issue of which school district the children should attend school in. It is noted that at the time of adjournment on today's date Plaintiff and Defendant had each presented himself or herself as a witness. No other witnesses had been called. In addition, Plaintiff's Exhibits 1 through 6 had been identified and admitted, and Defendant's Exhibit 1 had been identified and admitted. No other exhibits had been identified or admitted. Neither counsel at this time has requested that the notes of testimony from today's proceeding be transcribed and filed. ? Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055 For Plaintiff Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 For Defendant ;10?6 M ply :mae By the Court,