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HomeMy WebLinkAbout09-8777JOHN G. COSTEA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA oq - 8717 0'V11Te. vs. No. 2009 CV DV LORI L.COSTEA CIVIL ACTION-DIVORCE 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 action within twenty (20) days after this Complaint and Notice have been served, by entering a written appearance personally or by an attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested. You may lose property or other rights important to you. 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 JOHN G. COSTEA, Plaintiff vs. LORI L.COSTEA , Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 CV DV CIVIL ACTION-DIVORCE COMPLAINT IN DIVORCE UNDER 64 3301 (a), 3301 (C), OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, JOHN G. COSTEA by his attorney Robert A. Berry and seeks to obtain a decree in Divorce from the above named Defendant, upon the grounds herein more fully set forth: 1. Plaintiff is John G. Costea is an adult male who currently resides at 301 Cockleys Drive, Mechanicsburg, Cumberland, Dauphin County, Pennsylvania. 2. Defendant is Lori L. Costea is an adult female who currently 301 Cockleys Drive, Mechanicsburg, Cumberland, Dauphin County, Pennsylvania.. 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 the Complaint. 4. The parties were married on October 22, 1998 in the U. S. Virgin Islands. 5. The parties have been advised of the availability of counseling and that either may have the right to request that the court require the parties to participate in counseling. 6. There have been no prior actions of divorce or annulment between the parties. 7. The Parties are not members of the Armed Services of the United States of America or any of its allies. 8. The Parties are citizens of the United States of America. 9. The parties have lived separate and apart since 2005. 10. Defendant has offered such indignities to the innocent and injured spouse as to render Plaintiff's condition intolerable and life burdensome, including but not limited to abandonment of the marital home only to return because of economical needs. 11. Plaintiff is the innocent and injured spouse. 12. There are two children born of the marriage, Nicholas Costea with a date of birth of April 19, 1994 and Harry Costea with a date of birth of June 19, 2000. COUNT II-CUSTODY 13. Paragraphs 142 are incorporated herein as though fully set forth below. 14. As stated above the parties are the parents of two sons who during their lives have lived with both parents, except for a two (2) year period in which they lived with the Plaintiff at the address above stated for the parties. 15. The parties have not participated in any other litigation concerning theses children in this or any other state. 16. There are no other proceedings pending involving custody of these children in this or any other state. 17. Father knows of no other person not a party to these proceedings who has physical custody or who claims to have custody, partial custody or visitation rights with respect to the children. COUNT III-EQUITABLE DISTRIBUTION 18. Paragraphs 1-12 are incorporated herein as though fully set forth below. 19. During the course of the marriage the parties have acquired boith real and personal property. 20. The parties have been unable to agree as to the equitable distribution of their marital assets and debt. 21. Plaintiff asks that the Court equitably distribute the parties' marital property as well as the marital debt. WHEREFORE, the Plaintiff John G. Costea respectfully requests through his attorney, that the Court enter a decree in divorce from the bonds of matrimony, grant equitable distribution of the marital asset and debts, grant Plaintiff primary physical custody of the children. and grant such other relief as the Court may deem equitable and just. Respectfully submitted: Date: December 11, 2009 Robert A. Berry, Esq. P. O. Box 929 Harrisburg, Pa. 17108-0929 717/232-6768 717/232-5506 (fax) RABerry99@aol.com VERIFICATION I verify that the statements made in the foregoing Complaint In Divorce are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa. C. S. § 4904 relating to unsworn falsification to authorities. OHN G. COSTEA J?I?C..1 .? ...:... i? 1•x'1._. 09 G :C 21 Fi i ! Z It50q . oo PC) OL FF CASK p-T* a 3g3 •o 5a _ (t5• o? ?? Past o ~,.. 2U10 J~~ 22 °~°i i2~ ;~=. ~ - `` JOHN G. COSTEA, :THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : No 09-8777 LORI L. COSTEA, :CIVIL ACTION - AT LAW Defendant :DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW comes the Defendant, Lorie L: Costea, and submits the following answer to the Complaint filed by Plaintiffon December 21, 2009: 1. Admitted. 2. Admitted in part; denied in part. It is admitted that Defendant's middle initial is "L" and that her last name is Costea and that she is an adult female who currently resides at 301 Cockleys Drive, Mechanicsburg, Cumberland County, Pennsylvania. It is specifically denied that Defendant's first name is spelled "Lori". By way of further answer, Defendant's name is spelled "Lorie". 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Denied. It is specifically denied that the parties have lived separate and apart since 2005. 10. Denied. It is specifically denied that Defendant has offered indignities to Plaintiff or that she abandoned the marital home. By way of further answer, the date of the last reconciliation attempt of the parties was Tuesday, January 19, 2010 at which time the parties engaged in marital relations and discussed saving the marriage. 11. Denied. It is specifically denied that Plaintiff is the innocent and injured spouse. By way of further answer, Plaintiff has repeatedly committed adultery against Defendant. 12. Admitted. 13. No answer required. 14. Admitted in part; denied in part. It is admitted the parties are the parents of two sons who during their lives have lived with both parents. It is specifically denied that the boys lived with Plaintiff during two years of separation between the parties. By way of further answer, any time the parties lived separately, custody was shared equally such that each party had the boys seven out of every fourteen overnights. 15. Admitted. 16. Admitted. 17. Admitted. 18. No answer required. 19. Admitted. 20. Admitted. 21. No answer required. By: Dated: O~G~' Cockleys Telephone No. (717) 766-6456 Mechanicsburg, PA 17055 VERIFICATION I, Lorie L. Costea, hereby verify that the statements made in the foregoing document 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. Date: p ~/U Signature: CERTIFICATE OF SERVICE I hereby certify that I am this day serving a copy of the foregoing document to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania 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: Robert A. Berry, Esquire P.O. Box 929 Harrisburg, PA 17108-0929 By: Dated: ~~C ~~L/ Mechanicsburg, PA 17055 Telephone No. (717) 766-6456 .;~`r1;~ r -• ; r~ n TN `~~~` ~~,~~raY •,r O'er )' ~, _ ~- ' Z~10 J:~~ 22 °111?: 3'a r ~(_:~~~, ,:.'cif i`1%;''. ~i, 30HN G. COSTEA, Plaintiff vs. THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 09-8777 LORI L. COSTEA, :CIVIL ACTION - AT LAW Defendant :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 Defendant. You may lose money or property or other rights important to you. 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 Cumberland County Courthouse, One 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 Bar Association 32 South Bedford Street Carlisle, PA 19013-3308 (71'n 249-3166 JOHN G. COSTEA, Plaintiff vs. LORI L. COSTEA, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No 09-8777 CIVIL ACTION - AT LAW : DIVORCE AND NOW comes the Defendant, Lorie L. Costea, and submits the following Petition for related claims: 1. Petitioner is Lorie L. Costea, Defendant above-named, hereinafter referred to as Wife. 2. Respondent is John G. Costea, Plaintiff above-named, hereinafter referred to as Husband. 3. Husband and Wife were married on October 22, 1998. 4. Husband filed a Complaint in Divorce at the above term and docket number on December 21, 2009. COUNT I -COUNTER-CLAIM IN DIVORCE PURSUANT TO SECTION 3301(a)(3) OF THE DIVORCE CODE 5. Paragraphs 1 through 4 above are incorporated herein by reference as though fully set forth. 6. Wife avers that she is entitled to a divorce on the basis that Husband has committed adultery. COUNT II-ALIMONY PENDENTE LITE. ATTORNEY'S FEES AND COSTS 7. By reason of this action, Wife will be put to considerable expense in the preparation of her case in the employment of counsel and the payment of costs and appraisals, etc. 8. Wife is without sufficient funds to support herself and to meet the costs and expenses of this litigation and is unable to appropriately maintain herself and obtain health insurance during the pendency of this action. 9. Wife's income is not sufficient to provide for her reasonable needs and pay her attorney's fees and costs of this litigation. 10. Husband has adequate earnings to provide for Wife's support and to pay her counsel fees, costs and expenses. COUNT III -ALIMONY 11. Wife lacks sufficient property to provide for her reasonable needs. 12. Wife is unable to sufficiently support herself through appropriate employment. 13. Husband has sufficient income and assets to provide continuing support for Wife after the entry of a Decree in Divorce. WHEREFORE, Defendant, Lorie L. Costea, requests this Honorable Court: a) Grant a divorce on the basis that Husband committed adultery; b) Compel Husband to pay alimony pendente lite to Wife; c) Compel Husband to pay post-divorce alimony to Wife; d) Grant Wife's attorney's fees and costs; e) Grant such further relief as the Court may deem equitable and just. Dated: ~'~~ ~~ ~~/v By: Mechanicsburg, PA 17055 Telephone No. (717) 766-6456 301 Cockleys Drive VERIFICATION I, Lorie L. Costea, hereby verify that the statements made in the foregoing document 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. Date: Q/v Signature: CERTIFICATE OF_SERVICE I hereby certify that I am this day serving a copy of the foregoing document to the person and in the manner indicated below, which service satisfies the requirements of the Pennsylvania 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: Robert A. Berry, Esquire P.O. Box 929 Harrisburg, PA 17108-QS~ Dated: B C y: L RI L. COSTEA, pro se 301 Cockleys Drive Mechanicsburg, PA 17055 Telephone No. (717) 766-6456 ~~ ~~ ~ ~3~~~5' C= THE' P OTH0NOTPjP 1t1! I JAN 20 AN 9: 01 CUMBERLAND COUNTY JOHN G. COSTEA, PENNS1t A5a'RT OF COMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 8777 Civil Term 2W aXI LORIE COSTEA, : CIVIL ACTION - LAW Defend ant/Petitioner: IN DIVORCE MOTION TO COMPEL DISCOVERY AND NOW COMES, the Petitioner/Defendant, Lorie Costea, by and through her Attorney, Jane Adams, Esquire, and moves this Honorable Court as follows: 1. Petitioner, Lorie Costea, (hereinafter referred to as "Wife"), and Respondent, John G. Costea, (hereinafter referred to as "Husband") were married on October 22, 1998. 2. The above-captioned action was initiated by Husband filing a Complaint in Divorce on December 21, 2009, which included a count for Equitable Distribution. 3. On or about November 8, 2010, Wife's Counsel sent Interrogatories to Husband.'s Counsel. 4. Husband has not responded to Wife's Interrogatories as of the current date. 5. Wife's counsel has been in contact with Husband's counsel as to the progress of the Interrogatories, however has not received a prospective date by which the Interrogatories will be completed. 6. Wife is requesting that Husband be ordered to provide the requested information and complete the Interrogatories. 7. Wife knows of no reasonable basis for Husband's delay in providing the requested information other than to delay the Divorce. 8. Wife is requesting that Husband complete the Interrogatories within thirty (30) days and reimburse her for any additional attorney's fees she incurred for the preparation of this Motion. 9. There is no previously assigned Judge in this matter. 10. It is assumed that Husband is not in agreement with Wife's request. WHEREFORE, Wife respectfully moves this Honorable Court for the entry of an Order Compeling Discovery in the above-captioned matter as well as any other relief, such as Attorney's Fees, that this Honorable Court may deem appropriate and necessary. Date: q 1 gy: I j 0 rJ 446 Ja a Adams, Esquire 1 W. South St. arlisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 Attorney for Wife VERIFICATON I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. D a t e: //, //? //// t? ie Costea, Defendant 0 JOHN G. COSTEA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLV ANIA vs. No. 2009 CV 8777 DV 14of', p1 : ('._ - ?? D LORI L.COSTEA CIVIL ACTION-DIVORCE r ` Defendant =Y c= tom; r r,: RESPONSE TO MOTION TO COMPEL AND NOW, comes the Plaintiff, JOHN G. COSTEA by his attorney Robert A. Berry and files this response to the Defendant's Motion to Compel and states as follows: 1. Defendant filed a Motion to Compel on January 20, 2011 seeking to have the Plaintiff answer the Interrogatories that were received by Plaintiff s counsel in November 2010. 2. As undersigned counsel was not in state on November 8, 2010 the actual receipt of the document would have occurred after his return on or about November 12, 2010. 3. On December 8, 2010 the first available opportunity Plaintiff came to counsel's office to obtain the documents. 4. Defendant files this Motion with unclean hands as she was personally served with Plaintiff s Interrogatories on June 1, 2010 and did not send a response until November 8, 2010 some five (5) months later 5. In an effort to avoid additional legal fees and to avoid escalating the hostility between the parties Plaintiff did not authorize his counsel to file a Motion To Compel. 6. Fairness dictates that the Plaintiff have as much time to answer the Defendant's Interrogatories as the defendant took to answer the Plaintiff's Interrogatories. 7. On October 5, 2010 opposing counsel sent an e-mail which stated that the Interrogatories had been completed and sent to the Defendant and yet it took over another month for the documents to be sent to undersigned counsel. 7. Plaintiff is being dishonest when she states the averment in Paragraph 7, as her counsel was advised that it may very well take Plaintiff as long to answer Defendant's Interrogatories as Defendant took to answer the Plaintiff's Interrogatories. WHEREFORE, Plaintiff requests this Court deny Defendant's Motion to Compel or alternatively suspend any action on the Motion until on or after May 8, 12, 2011, which is five (5) months after the Plaintiff received the Interrogatories. Respectfully submitted: Date: January 26, 2011 Robert A. Berry, Esq. P. O. Box 929 Harrisburg, Pa. '17108-0929 717/232-6768 717/232-5506 (fax) RABerry99@aol.com CERTIFICATE OF SERVICE I, Robert A. Berry, Esquire do hereby certify that I served a true and correct copy of the response to Motion To Compel by first class U. S. mail, postage prepaid as follows: Jane Adams, Esq. 17 West South Street Carlisle, Pa. 17013 January 26, 2011 Robert A. Berry, Es P. O. Box 929 Harrisburg, Pa. 17108 ('117) 232-6768 Attorney For Defendant 439197 GRIG[ e JOHN G. COSTEA, Plaintiff vs. LORI L.COSTEA , Defendant ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 CV 8777 DV CIVIL ACTION-DIVORCE AND NOW this Il ' day of Japittffy 2011 upon consideration of the Defendant's Motion To Compel: IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff file his answers to Defendant's Interrogatories on or before TE DISTRIBUTION: Robert A. Berry, Esq. P. O. Box 929, Hbg., Pa. 17108-0929 ?Jane Adams, Esq., 17 W. South Street, Carlisle, Pa. 17013 Prothonotary . 00Lj ??? ?DfCB Rv T14P f nT TRT r FILED-ORF1C 0 7 THE PRO R HONbTr, ? 2011 JUN -2 P11 I : 5 ' OUMBERLAND COUNTI ?4'tll? JOHN G. COSTEA, IN THE COU1 OMMON PLEAS Plaintiff/Respondent: CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 8777 Civil Term %"W a6o? LORIE COSTEA, : CIVIL ACTION - LAW Defendant/Petitioner: IN DIVORCE MOTION TO FOR SANCTIONS AND NOW COMES, the Petitioner/Defendant, Lorie Costea, by and through her Attorney, Jane Adams, Esquire, and moves this Honorable Court as follows: 1. Petitioner, Lorie Costea, (hereinafter referred to as "Wife"), and Respondent, John G. Costea, (hereinafter referred to as "Husband") were married on October 22, 1998. 2. The above-captioned action was initiated by Husband filing a Complaint in Divorce on December 21, 2009, which included a count for Equitable Distribution. 3. On or about November 8, 2010, Wife's Counsel sent Interrogatories to Husband.'s Counsel. 4. On January 20, 2011, Wife's counsel filed a Motion to Compel Discovery. 5. On March 11, 2011, an Order was entered directing Husband to respond to the discovery request by April 22, 2011. A copy of that Order is attached hereto as Exhibit A. 6. To date, Wife has not received a response to her Interrogatories. 7. Wife knows of no reasonable basis for Husband's delay in providing the requested information other than to delay the Divorce. 8. Wife is requesting that Husband complete the Interrogatories within seven (7) days of notice of the filing of the petition days and reimburse her for any additional attorney's fees she incurred for the preparation of this Motion. 9. This matter was previously assigned to Judge Hess. 10. It is assumed that Husband is not in agreement with Wife's request. WHEREFORE, Wife respectfully moves this Honorable Court for the entry of an Order regarding Sanctions in the above-captioned matter as well as any other relief, such as Attorney's Fees, that this Honorable Court may deem appropriate and necessary. Date: 6 /?_// / -y: ,10e Adams, Esquire W. South St. Carlisle, Pa. 17013 (717) 245-8508 I.D. No. 79465 Attorney for Wife ORIGINAL JOHN G. COSTEA, Plaintiff vs. LORI L.COSTEA , Defendant ORDER IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 2009 CV 8777 DV CIVIL ACTION-DIVORCE rr4.-CA Xe AND NOW this 1 J' day of 4aR+t"y 2011 upon consideration of the Defendant's Motion To Compel: IT IS HEREBY ORDERED AND DIRECTED that the Plaintiff file his yam/ answers to Defendant's Interrogatories on or before --.. , . JE DISTRIBUTION: Robert A. Berry, Esq. P. O. Box 929, Hbg., Pa. 17108-0929 Jane Adams, Esq., 17 W. South Street, Carlisle, Pa. 17013 Prothonotary RV TT41: CY)T TRT VERIFICATON I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. Date: ?n 1 Loi C, /C ,r /` Cori -Costea Defendant JOHN G. COSTEA, Plaintiff VS. LORIE COSTEA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 8777 Civil Term 2$4Q, 20-072- CIVIL ACTION - LAW IN DIVORCE TJ CD ORDER OF COURT AND NOW, this Day of ?V w- 2011, upon consideration of Defendant's Motion for Sanctions and the Plaintiff's response: Plaintiff shall respond to Defendant's Interrogatories within /5- days of receipt of this Order and petition. A hearing hereon is scheduled for the ?_t4 day of 9_r_c_? , 2011, at 9'i/S-- A.M./P--M in Courtroom No. of the Cumberland County Courthouse in Carlisle, Pennsylvania, to address any outstanding discovery and matters such as requested attorney's fees. BY THE COURT: cc: Jane Adams, Esquire V 0/, ll Robert Berry, Esquire ECD JOHN G. COSTEA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2009-8777 CIVIL LORIE COSTEA, Defendant IN DIVORCE IN RE: MOTION FOR SANCTIONS ORDER AND NOW, this 9 " day of July, 2011, upon relation that the discovery has been received in the above motion, the pending motion for sanctions is DISMISSED as moot. BY THE COURT, Kevin A. ss, P. J. 'Robert A. Berry, Esquire For the Plaintiff Jane Adams, Esquire OOP gfN For the Defendant ryI :rlm C ? rnco C- M- 0m C. C:) a +C ""G w'L C3 ? ? C^i JOHN G. COSTEA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 8777 Civil Term 2009 LORIE COSTEA, : IN DIVORCE Defendant MOTION FOR APPOINTMENT OF MASTER a C=- Defendant moves this Court to appoint a master with respect to the following claims: 3 mrn r' rTj -a M ( Divorce (x) Distribution of Property -<> CNO ( ) Annulment ( ) Support <? t Alimony ( ) Counsel fees ?' ' *? ( ) Alimony Pender to Lite ( ) Costs and Expenses and in support of the motion states: i (1) Discovery is substantially complete as to the claim(s) for which the appointment of a master is requested. (2) The Plaintiff is represented by Robert Berry, Esquire. (3) The statutory ground(s) for divorce is 3301 (c) and as of December 21, 2011, 3301(d) as upon that date the divorce will have been filed two years ago. (4) Delete the inapplicable paragraph(s): (a) flie action is not eentested. (b) An agreement has been reached with respect to the following claims: NONE. (c) The action is contested with respect to the following claims: ALL. (5) The action does not involve complex issues of law or fact. (6) The hearing is expected to take one day. (7) Additional information, if any, relevant to the motion: NONE. Date: 1 a? e Adams, Esquire W. South St. Carlisle, Pa. 17013 Attorney for Plaintiff (717) 245-8508 ORDER APPOINTING MASTER AND NOW, this , 2011, Robert Elicker, Esquire, is appointed Master with respect to the following claims: ALL. BY THE COURT: J. cc: Robert Berry, Esq. Jane Adams, Esq. bq-8717 JOHN G. COSTEA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 1 WWRIT&!to LORIE COSTEA, CIVIL ACTION - LAW Defendant IN DIVORCE ACKNOWLEDGMENT OF SERVICE 1, Lori L. Costea, Defendant, in the above-captioned matter, hereby acknowledge that I accepted service of the Notice to Defend and Complaint in Divorce on or about January 5, 2010 which was within thirty days of filing. MCD xM -0 Date: .p-or Co —T orp- stea, Defendant _T7 C-) CD L JOHN F. KING LAW, P.C. m va John F. King, Esq. - ID#61919 A 4076 Market Street Camp Hill, PA 17011 o (717) 695-2222 yc= (717) 695-2207 FAX JOHN G. COSTEA IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LORI L. COSTEA NO. 09-8777 Defendant CIVIL ACTION-DIVORCE Previous Judge: Hon. Kevin A. Hess PETITION FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE The Petition of John G. Costea respectfully represents that: 1. The Plaintiff is John G. Costea and resides at 401 Cockleys Drive, Mechanicsburg, Cumberland County, PA 17055. Plaintiff is represented by John F. King, Esq., 4076 Market Street, Camp Hill, PA 17011,phone (717) 695-2222. 2. The Defendant is Lori L. Costea. It is believed, and therefore averred, that she presently resides in a townhouse on Allenview Road, Mechanicsburg, PA. Defendant is presently represented by Jane Adams, Esq., 17 W. South Street, Carlisle, PA 17013, phone (717) 245-8508. 3. The Plaintiff and Defendant are husband and wife, having been married on October 22, 1998. A Divorce Complaint was filed on December 21, 2009. 4. The marital residence was established at 401 Cockleys Drive, Mechanicsburg, PA. 5. On Friday, August 16, 2013, Defendant/Wife abandoned the marital residence, and is now residing in a townhouse on Allenview Road, Mechanicsburg, PA. 6. There was a recent altercation between the parties at the marital residence prior to Wife's departure, which resulted in Wife being charged criminally, which charges are still pending. 7. When Wife departed the marital residence on Friday, August 16, 2013, she removed from the marital residence all of the personal and marital items to which she expressed a desire to possess. 8. There is no reason for Wife to be present at the marital residence prior to the eventual resolution of the underlying Divorce Complaint, which as been pending for over three years. 9. It is believed, and therefore averred, that Wife drinks alcohol on a daily basis, often to the point of intoxication. 10. Wife has exhibited an inability to control her anger and emotions during her periods of intoxication, and at other times. 11. Husband fears that Wife may, without the benefit of Court Order to the contrary, return to the marital residence from time to time, in order to unnecessarily confront Husband. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order awarding exclusive possession of the marital residence to the Plaintiff, and denying Defendant access to the house or property, until such time as the final determination of the underlying Divorce Complaint, or other further Order of the Court. Respectfully submitted, JOHN F. KING LAW, P.C. Date: t� I3 J&F. King, Esquire ID 61919 4076 Market Street Camp Hill, PA 17011 VERIFICATION I, John G. Costea, hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Petition for Exclusive Possession of the Marital Residence; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. John G. Costea Dated: August 30 , 2013 CERTIFICATE OF SERVICE I, John F. King, Esquire, hereby certify that on , 20J,5, I served a copy of the within Petition for Exclusive Possession of the Marital Residence, by depositing same in the United States Mail, first class,postage prepaid, addressed as follows: Jane Adams, Esq. 17 W. South Street Carlisle, PA 17013 4 Sharry Semans L JOHN G. COSTEA IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LORI L. COSTEA NO. 09-8777 Defendant CIVIL ACTION-DIVORCE RULE TO SHOW CAUSE AND NOW this S` day of JI&I,Y4.4u 20_Ay, it is hereby Ordered and Decreed that the Defendant/Respondent show cause why the attached Petition for Exclusive Possession of the Marital Residence should not be granted. RULE RETURNABLE WITHIN (Zo) DAYS FROM THE DATE OF SERVICE. BY THE COURT: .T, CD mcz CD Pas M Ate. N a J. LI S//3 JOHN G. COSTEA IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. LORI L. COSTEA NO. 09-8777 Defendant CIVIL ACTION-DIVORCE -tiz ZZ r+� r" rn �►f"+ C:D CERTIFICATE OF SERVICE -< W1 I, Sharry Semans,hereby certify that on ` �t , 2013, I served a copy of the Rule to Show Cause for the Petition for Exclusive Possession of the Marital Residence,by depositing same in the United States Mail, first class,postage prepaid, addressed as follows: Jane Adams, Esq. 17 W. South Street Carlisle, PA 17013 Sharry Semans J u JOHN G. COSTEA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : No. 09 - 8777 Civil Term LORIE COSTEA, : CIVIL ACTION - LAW Defendant : IN DIVORCE DEFENDANT'S RESPONSE TO PLAINTIFF'S PETITOIN FOR EXCLUSIVE POSSESSION OF THE MARITAL RESIDENCE AND NOW COMES, the Respondent/Defendant, Lori L. Costea,by and through her Attorney, Jane Adams, Esquire, and moves this Honorable Court as follows: 1. Admittted. e ` x M aO C") rq 2. Admitted.? 3. Admitted. 4. Admitted. A 5. Admitted that Wife moved out the marital residence. 6. Admitted in part, denied in part. Wife was charged and was found guilty of harrassment. She paid a fine and said charges are no longer pending. 7. Denied, Wife did not remove all items she desires to possess as she left in haste to remove herself from the enviroment. There are some items remaining and Wife would like the opportunity to retrieve a few more items. 8. Denied, Wife would be extremely concerned if she .is denied access to the marital residence. 9. Strongly denied, strict proof is demanded. 10. Strongly Denied, strict proof is demanded. To the contrary, Wife is extremely concerned about the welfare of the children when they are in Husband's presence as he smokes marijuana daily. 11. Denied. Wife has not, and will not return to the marital residence to confront Husband. Wife disagrees with Husband's request for Exclusive Possession of the marital residence as she is concerned about retrieving her personal items, and maintaining the home while it is still in joint names. WHEREFORE, Wife respectfully requests that Husband's request for Exclusive Possession be DENIED. Date: /q 015 13 By: jrlie Adams, Esquire South St. sle, Pa. 17013 (717) 245-8508 I.D. No. 79465 Attorney for Defendant ATTORNEY VERIFICATION Undersigned counsel, Jane Adams, Esquire, hereby verifies and states that: 1. She is the Attorney of record for Lorie Costea. 2. She is authorized to make this verification on her behalf. 3. .The attached petition and.the facts contained therein were discussed with Lorie Costea telephonically. 4. The facts set forth in the foregoing response are true and correct to the best, of the undersigned's knowledge, information, and belief. 5. The undersigned is aware that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Q Date: � ���113 an Adams, Esquire Gjtto 7 . South St.rlisle, Pa. 17013 rney for Lorie Costea CERTIFICATE OF SERVICE AND NOW, this September 2, 2013, I, Jane Adams, Attorney for Defendant, Lorie Costea, hereby certify that a copy of Defendant's Response to the Motion for Exclusive Possession has been duly served upon the following party, by placing such in the custody of the United States Postal Service, via certified mail, postage pre-paid addressed to: John King, Esquire 4076 Market Street Camp Hill, Pa. 17011 Attorney for Plaintiff/Husband J Adams, Esquire I. No. 79465 1 W. South St. arlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR DEFENDANT 09/30/2014 10:10 7176952207 JOHNFKINGLAW PAGE 03/05 JOHN G. COSTEA Plaintiff v. LORI L. COSTEA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8777 CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT C= -V= rn > c, z cc . A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 21, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. 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 unsworn falsification to authorities. Date: q/ c3©//4/ John G. Costea, Plaintiff 09/30/2014 10:10 7176952207 JOHNFKINGLAW JOHN G. COSTEA Plaintiff v. LORI L. COSTEA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8777 CIVIL ACTION -DIVORCE PAGE 02/05 c t . -1 CD i17.1 car. -17 ; zco cn rn22 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF r DIVORCE DECREE UNDER 330110 AND 3301(D) OF THE DIVORCE 614D.E 1. 1 consent to the entry of a final Decree of Divorce without notice. c" � n 2. 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. 3. 1 understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. I verify that the statements made in this Affidavit 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. Date: John G. Costea, Plaintiff 09/30/2014 10:10 7176952207 JOHNFKINGLAW PAGE 05/05 JOHN G. COSTEA Plaintiff v. LORI L. COSTEA Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8777 CIVIL ACTION -DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 21, 2009. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of Notice of Intention to Request Entry of the Decree. 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 unsworn falsification to authorities. Date: Lori L. Costea, Defendant ul Ids Le6e,G.. C, -4 at 09/30/2014 10:10 7176952207 JOHNFKINGLAW PAGE 04/05 JOHN G. COSTEA Plaintiff v. LORI L. COS I l✓A Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 09-8777 CIVIL ACTION -DIVORCE WAIVER. OF NOTICE OF INTENTION TO REQUEST ENTR DIVORCE DECREE UNDER 3301(C) AND 3301 i OF THE DIVO 1. I consent to the entry of a final Decree of Divorce without notice. Zc ---i --4 2. 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. C. ) 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court, and that a copy of the Decree will be sent to me immediately after it is filed with the Prothonotary. 4. 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 unsworn falsification to authorities. Date: L. ri L. Costea, Defendant N// /n 1.09-; e._ J- S -vrn ©� CD c' r, Z CD Gf. JOHN G. COSTEA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 09 - 8777 CIVIL LORIE L. COSTEA, . Defendant IN DIVORCE ORDER OF COURT AND NOW, this /At day ofodrAatA), 2014, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on September 30, 2014, the date set for a Master' s hearing, the agreement and stipulation having been transcribed and signed by the parties, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent and waivers of the parties so that a final decree in divorce can be entered. BY THE COURT, . #40144:1P Ke ' A. Hess, P.J. cc : ✓ John F. King At orney for Plaintiff Jane Adams (-1 t r (7,Attorney for Defendant my --+ C' I Cop i Es In.41 itert_ ,--�� JOHN G. COSTEA, IN THE COURT OF COMMON PLEAS Og _ Plaintiff CUMBERLAND COUNTY, PENNSYLVAN vs. NO. 09 - 8777 CIVIL E' =' V>E t LORIE L. COSTEA, • r—T Defendant IN DIVORCE 1' _ _ .tea. THE MASTER: Today is Tuesday, September 30, 2014 . This is the date set for a hearing in the above-captioned divorce proceedings. With respect to the caption, counsel for wife has advised that wife' s name is Lorie; not Lori . The caption should read John G. Costea, Plaintiff versus Lorie L. Costea, Defendant. Is that correct? MS. ADAMS: Yes. THE MASTER: Present in the hearing room are the Plaintiff, John G. Costea, and his counsel John F. King and his associate Michael F. Gleesen. Also present is the Defendant, Lorie L. Costea, and her counsel Jane Adams . Present also is our law clerk, SaraAnn Bennett . The action was commenced by the filing of a complaint in divorce on December 21, 2009 . In the divorce complaint husband raised grounds for divorce of irretrievable breakdown of the marriage. The parties have signed today affidavits of consent and waivers of notice of intention to request entry of divorce decree so the divorce can conclude under Section 1 3301 (c) of the Domestic Relations Code. The affidavits and waivers will be filed by the Master' s office with the Prothonotary' s office. The complaint also raised a claim for equitable distribution. Wife filed a petition on June 22, 2010, raising additional economic claims of alimony, alimony pendente lite, and counsel fees and costs . The Master has been advised that after negotiations today and previously the parties have reached a final settlement with respect to the economic claims. The agreement is going to be placed on the record in the presence of the parties. The agreement as stated on the record will be considered the substantive agreement of the parties, not subject to any changes or modifications except for correction of typographical errors which may be made during the transcription. Consequently, when the parties leave the hearing room today, even though there is no signing of the agreement, they are bound by the terms of the agreement as stated on the record. It is noted, however, that the parties are going to return with counsel later this morning to review the agreement for typographical errors, make corrections as necessary, and affix their signatures to the agreement affirming the terms of settlement. Upon receipt by the Master of a completed agreement, the Master will prepare an order vacating his 2 appointment and counsel can then file a praecipe transmitting the record to the Court requesting a final decree in divorce. The parties were married on October 22, 1998 . The parties were physically separated in August 2013 but considered themselves separated although living in the same residence in December 2009, the date of the filing of the divorce complaint. The parties are the natural parents of one adult child and one minor child. The parties share custody of the minor child. Mr. King. MR. KING: The parties have been able to reach an agreement on a resolution of all financial claims in this case. They are as follows: 1 . The parties are joint owners of a piece of real property located at 301 Cockleys Drive, Mechanicsburg, Pennsylvania - house to husband. Wife shall execute the necessary deed to effectuate the transfer of ownership, which deed will be held in escrow and not filed until such time as a lump sum payment is made to wife as anticipated elsewhere herein. Husband shall be responsible for all expenses related to the marital residence and shall have exclusive possession. 2 . A certain 2011 tax return refund remains the sole and exclusive property of wife. 3 . The marital portion of husband' s UPS retirement to husband. 4 . Husband shall pay to wife a lump sum payment to be calculated as follows: 3 $165, 000 . 00 minus the mortgage balance on the residence at 301 Cockleys Drive, Mechanicsburg, Pennsylvania, as reflected on the August 2013 mortgage statement. The difference between those two numbers will then be divided by two (2) and that amount shall be paid by husband to wife. That payment to wife is anticipated to be made from the proceeds of a refinance. However, if said refinance has not been accomplished within three (3) months from the date of this agreement, then husband shall immediately re-list the property for sale and wife shall cooperate in said effort in whatever manner is deemed necessary, and the listing price shall be set by the listing agent . Both parties shall be bound to follow any reduction advice in the listing price, given by the agent, in order to effectuate the marketing and sale of the property. It is anticipated by the parties that they will go back to listing agent Christy Hartwick at Joy Daniels. If Ms. Hartwick is not available, the parties agree to use another listing agent from Joy Daniels . Regarding the possible sale of the home - the parties agree that any improvements that would be made to the home in order to increase the sale price would be the burden of husband and husband would solely benefit from any increase in said sale price; however, wife' s lump sum shall not fall below the amount calculated in the formula elsewhere herein. It is fixed at that number. 5 . Any claims for alimony, support, alimony pendente lite, counsel fees and costs, or the like are hereby waived. 7 . These terms are not dischargeable in bankruptcy by either party. 8 . The parties hereby agree that husband shall be provided the opportunity to regain possession from wife of those Christmas decorations which were originally provided to him by his grandmother. Wife is currently in possession of the Christmas decorations. Wife agrees to place the Christmas decorations that have previously been removed from the marital residence out on her deck in order to give husband an opportunity to go through them and pick out those items that were originally given to him by his grandmother. Wife will place those decorations that she took from the marital home, except for the ones that were gifted to her personally by family members or that she purchased herself . This will take place within thirty (30) days from today' s date. This resolves all claims of tangible personal 4 property between the parties . 9 . The parties hereby forego any obligation on the debt of the another and each party shall be solely responsible for any and all debts in their name. The parties hereby agree that there are no debts held jointly. 10 . Except as herein otherwise provided, each party may dispose of his or her property in any way and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire under the present or future laws of any jurisdiction to share in the property or the estate of the other as a result of the marital relationship including without limitation, statutory allowance, widow' s allowance, right of intestacy, right to take against the will of the other, and right to act as administrator or executor in the other' s estate. Each will at the request of the other execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights, and claims . MR. KING: As the Divorce Master indicated, my client, John G. Costea, is present . Mr. Costea, have you listened to and heard the terms of this agreement as were dictated? MR. COSTEA: Yes. MR. KING: Are you in agreement with those terms as dictated? MR. COSTEA: Yes. MR. KING: Are you agreeable to sign a document later today so indicating? MR. COSTEA: Yes. MS. ADAMS: Lorie, did you hear the terms that were read into the record? 5 MS. COSTEA: I did. MS. ADAMS: Did you understand all the terms? MS. COSTEA: I do. MS. ADAMS: Do you agree with the terms as described? MS. COSTEA: I do. MS. ADAMS: And are you willing to return later today to affirm your agreement? MS. COSTEA: Yes. MS. ADAMS: Thank you. THE MASTER: Thank you. I acknowledge that I have read the above stipulation and agreement, that I understand the terms of settlement as set forth herein, and that by signing below I ratify and affirm the agreement previously made and intend to bind myself to the settlement as a contract obligating myself to the terms of settlement and subjecting myself to the methods and procedures of enforcement which may be imposed by law and in particular Section 3105 of the Domestic Relations Code. WITNESS: DATE: CT ( f �� / C7 / AI /34 j004 Of F. K. g ohrney n •ostea/ tofor • aintiff It . I I hi $ (a-4" dr_A: / \ dr /// AO( Ja = Adams L•rie Cost-a Atcrney for Defendant 6 JOHN G. COSTEA, LLL U THE FRO IHONJ Hilti DEC 11 PH : IN THE COURT OF COMMON [3(.# Plaintiff : CUMBERLAND COUNTY, PENNS+ ile„NO COUNTY ill'Sur`LVANIA V. : NO. 8777 Civil Term 2009 LORIE COSTEA, : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please accept this request to transmit the record, together with the following information to the Court for entry of a divorce Decree: 1. Grounds for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and Manner of the service of the Complaint: Defendant signed acknowlegement of service, that she accepted service on January 5, 2010. Said acknowledgement of service was filed on April 8, 2013. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: By Plaintiff: By Defendant: September 30, 2014. September 30, 2014. 4. Related claims pending: None; all were resolved by marriage settlement agreement entered before the Divorce Master, which should be incorporated and not merged into the Decree. 5. Date Defendant's Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: October 1, 2014. 6. Date Plaintiffs Waiver of Notice under §3301(c) of the Divorce Code was filed with the Prothonotary: October 1, 2014. Date: \i -s\ spectfully submitte s, squir o. 79465 . South St. Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA JOHN G. COSTEA • V. • • LORIE L. COSTEA NO. 09 - 8777 Civil Term DIVORCE DECREE AND NOW, 2 i , z.a I`'( , it is ordered and decreed that JOHN G. COSTEA , plaintiff, and LORIE L. COSTEA , defendant, are divorced from the bonds of matrimony. 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.") None; the agreement entered by the parties before the Divorce Master on September 30, 2014 shall be incorporated and not merged into this Decree. By the Court, 4 A _ _ Attest: J. _k/j//__ Prothonotary Ca+ eo p y ma i kii. 049 eifit3 N O-le e 4- eo mailed Imo( 4o o Adams �N / 1#41