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Home My WebLink About09-8564JOYCE SWAVOLA, Plaintiff VS. ROBERT SWAVOLA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009- uq 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 will proceed without you and a decree in divorce or annulment may 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 the First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 S. Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 JOYCE SWAVOLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 2009- CIVIL ACTION - LAW ROBERT SWAVOLA, Defendant: IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW comes Joyce Swavola, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following: 1. Plaintiff is Joyce Swavola, an adult individual, currently residing at 105 Pearl Drive, Carlisle, Cumberland County, Pennsylvania 17013 since November, 2008. 2. Defendant is Robert Swavola, an adult individual, currently residing 18 Jane Lane, Carlisle, Cumberland County, Pennsylvania 17013 since 1992. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant: were married on September 2, 1988, in Elkton, Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The 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. Having been so advised Plaintiff does not desire the Court to order counseling. 4 7. This marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. Respectfully submitted, 1. )k ac eline M. Verney, Esquires a Supreme Ct. ID. 231.67 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoin I understand that false statements herein m 4904 relating to unsworn g divorce complaint are true and correct. ade are subject to the penalties of 18 Pa.C.S. Section falsification to authorities. 1.-2 - ! r -0 9 Date Joyce Swav G'?.. a, Plaintiff ?!r THEE M9 DEC i C PM 3: 17 Pk? ?? ?3 JOYCE SWAVOLA, Plaintiff vs. ROBERT SWAVOLA, Defendant PRIOR JUDGE: J. Wesley Oler, Jr., J. u,r ~ t~ ~ v n -~ c~ ~C PETITION TO BIFURCATE DIVORCE p ~ ~ _~ c ..ter r*r ~o ap a -n z~ o ~,.~ D -< AND NOW, comes the Plaintiff, Joyce Swavola, by and through her attorney, Jacqueline M. Verney, Esquire, and represents the following in support of her Petition: 1. Petitioner is Joyce Swavola, Plaintiff in the above-captioned divorce action. Her current address is 105 Pearl Avenue, Carlisle, Pennsylvania, 17013. 2. Respondent is Robert Swavola, Defendant if the above-captioned divorce action. His address is unknown, but he is represented in this matter by Jane Adams, Esquire. 3. The parties were married on September 2, 1988 in Elkton, Maryland. They have lived separate and apart since November, 2008. 4. Petitioner initiated this divorce action on December 11, 2009. Respondent was served with a copy of the Divorce Complaint on December 17, 2009. 5. A Motion for the Appointment of the Divorce Master was filed on November 5, 2010. 6. The Petitioner/Plaintiff is diagnosed with brain cancer. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2009-8564 CIVIL ACTION -LAW a n o ~ c ~ IN DIVORCE -c,~ ="n r-~cz' a rn- ~c7r o ~~ ~- 7. Petitioner wishes to have the marriage terminated at this time and without further delay. 8. Bifurcation will separate the termination of the marriage from the ancillary economic claims of equitable distribution. 9. Petitioner believes that bifurcation will further encourage case settlement between the time that the divorce is decreed and the hearing before the Divorce Master. 10. Counsel for Respondent has been contacted and does not concur in this Petition. WHEREFORE, Petitioner requests this Honorable Court schedule a hearing on the advantages and disadvantages on the matter of bifurcation. Respectfully submitted, acq ine M. Verney, Esquire #231 7 44 S. Hanover Street Carlisle, PA 17013 (717)243-9190 Attorney for Plaintiff/Petitioner 2 VERIFICATION I verify that the facts included in the within Pleading are true and correct based on information known to me or received from reliable sources. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S.A. § 4904 relating to unsworn falsification to authorities. Dated: ((- ~ 10 acqu ine M. Verney, Esquire CERTIFICATE OF SERVICE I, Jacqueline M. Verney, Esquire, hereby certify that a true and correct copy of the within Pleading was served upon the following by placing the same in the United State Mail, First class prepaid postage on the date indicated. Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 Date ~~'S'/d acq ine M. Verney, Esquire #23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Counsel for Plaintiff/Petitioner JOYCE SWAVOLA ROBERT SWAVOLA V S. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2009-8564 20 Defendant `-~:4> ,~; ~. MOTION FOR APPOINTMENT OF MASTER '~ ~' `~ Plaintiff ,moves the court to appoint a master witlfi~fect' the following claims: ~;..•~ r`- ~ ^X Divorce ~X Distribution of Property F.t"1 ^ Annulment ^ Support ^ Alimony ^ Counsel Fees ~ " -~ ^ Alimony Pendente Lite ^ Costs and Expenses _ `""' ,,~ and in support of the motion states: r;~ 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,_ Jane Adams ,Esquire). 3. The staturory ground (s) for divorce is Marriage is irretrievably broken. 4. Delete the inapplicable paragraph (s): A ^ B ^ C Q a. The action is not contested. b. An asreement has been reached with resnect to the followine claims: c. The action is contested with respect to the following claims: Equitable Distribution of marital property 5. The action does not involve complex issues of law or fact. 6. The heazing is expected to take 4 7. Additional information, if anv, relevant to the motion: Plaintiff, Wife is gravely ill. Date: November 5, 2010 AND NOW hours V ttorne for Plaintiff Jacqueline M. Verney, ~squve Print Name ORDER APPOINTING MASTER 20 , is appointed master with respect to the following claims: Esquire, r.. ~, ;.:H E -.~; ~~ rn't ,~~ ~, '~ „~~7 4~Y / ~~°y r. ~ By the Court, JOYCE SWAVOLA Plaintiff/Petitioner VS. ROBERT SWAVOLA, Respondent/Defendant : IN THE COURT OF C : CUMBERLAND COUN NO. 2009-8564 CIV IN DIVORCE PETITION FOR ECONOMIC RELIEF AND NOW, this _ day of November, 2010, comes the Swavola, by and through her attorney, Jacqueline M. Verney, Esquire, Petition for Economic Relief against Defendant/Respondent, Robert S 1. The petitioner is Joyce Swavola, who is the Plaintiff in divorce action. Her address is 105 Pearl Avenue, Carlisle, Pennsylvar, 2. The Respondent is Robert Swavola who is the Defenu divorce action. His address is unknown. He is represented in this Esquire. 3. The Petitioner seeks the following relief from the A. Equitable distribution of the marital assets; WHEREFORE, the Petitioner, Joyce Swavola, requests the relief set A_ Respectfully submitted, 14, ,ION PLEAS OF , PENNSYLVANIA ACTION - LAW Petitioner, Joyce. makes the following )la, as follows: above-captioned 17013. in the above captioned by Jane Adams, above. Jacgdeline M. Verney, squire 44 S. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff/P titioner 3167 S-6 CL)w C? ?3or3 s VERIFICATION I verify that the facts included in the within Pleading are tru and correct based on information known to me or received from reliable sources. I unde stand that false statements, herein are made subject to the penalties of 18 Pa. C. S.A § 4904 relating to unsworn falsification to authorities. Dated: - 5 16 A., Jac eline M. Verney, CERTIFICATE OF SERVICE 1, Jacqueline M. Verney, Esquire, hereby certify that a true nd correct copy of the within Pleading was served upon the following by placing the sam in the United State Mail, First class prepaid postage on the date indicated. Jane Adams, Esquire 19 W. South Street Carlisle, PA 17013 Date i l - 5--r o -- --- "t I,, V ` ac eline M. Verney, Esqi 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Counsel for Plaintiff/Petitic 1 r JOYCE SWAVOLA Plaintiff VS. ROBERT SWAVOLA IN THE COURT OF CUMBERLAND CC NO. 2009-8564 Defendant the following claims: Plaintiff , moves the court to NOV o a 2010 ZON PLEAS OF , PENNSYLVANIA 20 a master with respect to gw DX Divorce 0 Distribution of Property D Annulment D Support ? Alimony ? Counsel Fees ? Alimony Pendente Lite D Costs and Expenses and in support of the motion states: 1. Discovery is complete as to the claims (s) for which the appointment of master is requested 2. The defendant has appeared in the action (personally) (by his attorney,_ Jane Adams Es uire) 3. The staturory ground (s) for divorce is Marriage is irretrievably broken. 4. Delete the inapplicable paragraph (s): A D B D C QX a. The action is not contested. b. An agreement has been reached with resnect to the following cl, C. The action is contested with respect to the following claims: Equitable Distribution of marital property 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take 4 hours 7. Additional information, if any, relevant to the motion: Plaintiff, Wife is ;gravely ill. Date: November 5, 2010 ttorne for Plaintiff Jacqueline M. Verney, esquire Print Name ORDER APPOINTING MASTER AND NOW ?, 20 `0 e- -/11;" is a c° ppointed master with respect to the following claims: _ A, o _ Ll?tLfZ G? 6?c Q ?- t uj t7 c , _ w By the Co C) iUj J. Ac6-ns C- // Q Ito / q s: z Esquire, J. 1ANE ADAMS ATTORNEY AT LAW Attorney I.D. No. 79465 17 W. South St. Carlisle, Pa. 17013 (717) 245-8508 esgadams®gmail.com JOYCE SWAVOLA, Plaintiff V. ROBERT SWAVOLA, Defendant M C=) -1 C- : IN THE COURT OF COMMON PLEAS OF NO. 2009 - 8564 Civil Term CIVIL ACTION - LAW DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITION TO BIFURCATE AND NOW COMES, Defendant, Robert Swavola, by and through his Attorney, Jane Adams, Esquire, and avers the following in support of his response to Plaintiff s Petition to bifurcate: 1. Admitted. 2. Admitted. Defendant currently lives in Mechanicsburg. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted that Wife has been diagnosed with cancer. The exact details of the diagnosis are unknown to Husband. 7. It is admitted that Wife wishes to have the marriage terminated at this time. Husband does not consent to bifurcate this matter. 8. Admitted. 9. Denied. 10. Admitted. Husband does not concur in the petition. 11. Section 3323(C.1) of the Divorce Code provides: "In the absence of the consent of both parties, the court may enter a decree of divorce or annulment prior to the final determination and disposition of the matters provided for in subsection (b) if (1) grounds have been established as provided in subsection (g) and; (2) the moving party has demonstrated that: (i) compelling circumstances exist for the entry of the decree of Divorce or annulment; and (ii) sufficient economic protections have been provided for the other party during the pendency of the disposition of the matters provided for in subsection (b). 12. No grounds have yet been established under the divorce. 13. Petitioner was an employee of the Federal Government and currently has a FEGLI life insurance policy, Thrift Savings Plan, and Pension and possibly other benefits with the Federal Government. 14. Respondent is currently listed as a beneficiary on these policies. 15. Respondent believes that Petitioner will try to remove him from beneficiary status if a Decree is granted. 16. No compelling reasons exist for the entry of the divorce. 17. Sufficient economic protections have not been provided for Respondent during the pendency of the disposition of this matter. 18. Respondent is asking that Petitioner be Ordered to maintain him as a beneficiary on all policies, and preserve all of his rights pending final disposition of this matter. WHEREFORE, Respondent requests that Petitioner's request for bifurcation be denied, and that Petitioner be ordered to maintain all rights assigned to him pending final disposition of this matter. Respectfully submitted, Date: `1 l 7 6 U '4a J e Adams, Esquire 7 West South St. Carlisle. Pa. 17013 (717) 245-8508 Attorney for Respondent VERIFICATION I verify that the statements made in this Response are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. f!n Date: ?/ !J / Robert Swavola, Defendant JOYCE SWAVOLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW ROBERT SWAVOLA, Defendant NO. 09-8564 CIVIL TERM IN RE: PETITION TO BIFURCATE DIVORCE ORDER OF COURT AND NOW, this 24t" day of November, 2010, upon consideration of Plaintiff's Petition To Bifurcate Divorce and of Defendant's Response to Plaintiff's Petition To Bifurcate, a hearing is scheduled for Thursday, January 27, 2011, at 2:30 p.m., in Courtroom No. 1, Cumberland County Courthouse, Carlisle, Pennsylvania. Jacqueline M. Verney, Esq. 44 South Hanover Street Carlisle, PA 17013 Attorney for Plaintiff Jane Adams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant :rc Cow ? £s rnat ?? I A? .-Q h? _:r- r\ CO f r._. C D -rj BY THE COURT, JOYCE SWAVOLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : ,:? NO. 09-8564 CIVIL ACTION - LAW C .' • m 03 ROBERT SWAVOLA, : IN DIVORCE Defendant '' NOTICE h ts set forth in this Affidavit, you m7&ffile e If you wish to deny any of t statemen counter-affidavit within. twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE The parties to this action separated between November 1 and 30, 2008 and have continued to live separate and apart for a period of at least two ,years. 2. The marriage is irretrievably broken. 3. 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.A. section 4904 relating to unsworn falsification to authorities. DATE: Jo ca S y? a, lain ff r CERTIFICATE OF SERVICE I, Benjamin T. Verney, Esquire, hereby certify that I am this day serving the foregoing Affidavit upon the following individual this day by depositing same in the United States Mail, First Class, postage prepaid, addressed as follows: Jane Adams, Esquire 17 W. South Street Carlisle, PA 17013 *1 J Benjamin T. Verney, Esquire Date: Jan. 12, 2011 44 South. Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Defendant JOYCE SWAVOLA, Plaintiff V. ROBERT SWAVOLA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 09-8564 CIVIL TERM IN RE: PETITION TO BIFURCATE DIVORCE ORDER OF COURT c? C_ -? 3 r.nw Z? Z ? -,C3> ?c N O C_ Z N -a a c? C:> S Mr--, 'Orn ;0n 4o Qc'7 --?M AND NOW, this 20`h day of January, 2011, upon consideration of the Praecipe To Withdraw Petition To Bifurcate Divorce filed in the above matter on January 20, 2011, the hearing previously scheduled for January 27, 2011, is cancelled. BY THE COURT, 'Jacqueline M. Verney, Esq. 44 S. Hanover Street Carlisle, PA 17013 Attorney for Plaintiff `/ Jane Adams, Esq. 17 West South Street Carlisle, PA 17013 Attorney for Defendant 'esley O k, Jr., J. C4Q? 1JK$ :rc �� David D. �=e�Trothonotary Office of the Trothonotoy • Solicitor esiCIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2014, AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE -ThE ABOVE • CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.[P.250.2. BY THE COURT, DAVID D. BUELL