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HomeMy WebLinkAbout10-4090F! LLi 1 -1 2 ,..: 17 1)t,I 1 0 ELLEN D. OLIVER, COURT OF COMMON PLEAS OF ,,, , Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. ADRIAN L. OLIVER, Defendant 16- q06 NO. Civil Term : Civil Action - In Divorce NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the court. A judgment may also be entered against you for any claim of 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 grounds 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 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 THE DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 3S?- oo ?,,c. ?.?y * g0 3`?'u..? d,)"5 s y 7 d,OT#,.3 44' z) N 3 9/6 ELLEN D. OLIVER , : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. Civil Term ADRIAN L. OLIVER, Defendant Civil Action - In Divorce COMPLAINT COUNT I - Divorce 23 Pa. C.S.A. §3301(c) 1. Plaintiff Ellen D. Oliver, is an adult individual residing at, 2110 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant Adrian L. Oliver, is an adult individual residing at 2110 Longs Gap Road, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania and have resided therein for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 2, 1990. 5. Plaintiff avers that the ground upon which this action is based is that the marriage is irretrievably broken. 6. There have been no prior actions of divorce between the parties in this or any other jurisdiction. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The marriage is irretrievably broken. 9. 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. 10. Plaintiff avers that there are no children bom of this marriage. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce. COUNT II - Equitable Division, Distribution and Assignment of Marital Property 11. The averments of paragraphs 1 through 10 above are incorporated herein by reference as if set forth in full. 12. The parties are the owners of various items of personal property and real property which qualify as marital property as defined in Section 401 of the 1980 Divorce Code, as amended. 13. Said marital property is subject to equitable division, distribution and assignment by the Court. WHEREFORE, the Plaintiff requests this Honorable Court equitably divide, distribute and assign all of the parties' marital property. COUNT III - Claim for Alimony and Alimony Pendente Lite 14. The averments of paragraphs 1 through 13 above are incorporated herein by reference as if set forth in full. 15. Plaintiff lacks sufficient property and/or income to provide for her reasonable needs and is unable to sustain herself during the course of this litigation. 2 16. Plaintiff requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an award of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an award of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT IV - Claim for Counsel Fees, Costs and Expenses 17. The averments of paragraphs 1 through 16 above are incorporated herein by reference as if set forth in full. 18. Plaintiff has employed John R. Fenstermacher, Esquire, to represent her in this matrimonial cause. 19. Plaintiff is unable to pay her counsel fees, costs and expenses and Defendant is more than able to pay them. 20. Defendant has the earnings or earnings capacity to give him the ability to pay Plaintiffs counsel fees, costs and expenses. 21. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to the final hearing, Plaintiff respectfully requests that, after final hearing, this Honorable Court order Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. 3 WHEREFORE, Plaintiff respectfully requests that, pursuant to Sections 3704(a)(1), 3323(b) and 3702 of the Divorce Code, this Honorable Court enter an Order directing Defendant to pay Plaintiffs reasonable counsel fees, costs and expenses. Respectfully submitted, FENSTERMACHER AND ASSOCIATES, P.C. By: John . Fenstermacher Supre a Court I.D. #29940 ast Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 Attorney for Plaintiff DATED: (? lL' 4 VERIFICATION I, Ellen D. Oliver, have read the foregoing Complaint and hereby certify that the facts set forth are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa. Const. Stat. Ann. §4904 relating to unswom falsification to authorities. Ellen D. Oliver DATED: (p/?(n?a p( O ~~ ~~~_ ~" ~ L i 2~C0 Jug 15 t, .~ r MARIA P. COGNETTI & ASSOCIATES MARIA P. COGNETTI, ESQUIRE Attorney I.D. No. 27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorneys for Defendant ELLEN D. OLIVER, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :DOCKET NO. 10-4090 CIVIL TERM ADRIAN L. OLIVER, :CIVIL ACTION -LAW Defendant IN DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT COUNT I -Divorce 23 Pa. C.S.A. §3301(c) 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted in part. It is admitted that the ground upon which this action is based is that the mamage is irretrievably broken. It is specifically denied that the marriage is irretrievably broken. 6. Admitted. 7. Admitted. 8. Denied. 9. The truth of this averment is strictly within the knowledge of Plaintiff and, therefore, no answer is required. 10. Admitted. WHEREFORE, the Defendant respectfully requests that this Honorable Court deny Plaintiff's requested relief. COUNT II -Equitable Division, Distribution and Assignment of Marital Property 11. Paragraphs 1 through 10 of this Answer are incorporated herein as if set forth at length. 12. Admitted. 13. Admitted. WHEREFORE, Defendant respectfully joins in Plaintiff's request that this Honorable Court equitably distribute the parties' marital property pursuant to Section 3502 of the Divorce Code. COUNT III -Claim for Alimony and Alimony Pendente Lite 14. Paragraphs 1 through 13 of this Answer are incorporated herein as if set forth at length. 15. Denied. It is specifically denied that Plaintiff is without sufficient property and/or income to provide for her reasonable needs. It is further denied that Plaintiff is unable to sustain herself during the course of this litigation. 16. This averment is more properly a prayer for relief and, therefore, no responsive pleading is required. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff s request that this Honorable Court enter an award of spousal support and/or alimony pendente lite and/or alimony. COUNT IV -Claim for Counsel Fees, Costs and Expenses 17. Paragraphs 1 through 16 of this Answer are incorporated herein as if set forth at length. 18. Admitted, upon information and belief. 19. Denied. It is specifically denied that Plaintiff is unable to pay her counsel fees, costs and expenses. It is further denied that Defendant is more than able to pay for them. 20. Denied. It is specifically denied that Defendant has the earnings or earnings capacity to give him the ability to pay Plaintiff's counsel fees, costs and expenses. 21. This averment is more properly a prayer for relief and, therefore, no responsive pleading is required. WHEREFORE, Defendant respectfully requests that this Honorable Court deny Plaintiff s request that, pursuant to Sections 3704(a)(1), 3323(b) and 3702 of the Divorce Code, this Honorable Court enter an Order directing Defendant to pay Plaintiff's reasonable counsel fees, costs and expenses. MARIA P. ~OGNETT~,& ASSOCIATES ~ ~ .~.; - Date: July 9, 2010 By: / ~GGlI`( " J ~" MARIA . C ETTI, ESQUIRE Attorney I.D. .27914 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant VERIFICATION I, ADRIAN OLIVER, hereby verify and state that the facts set forth in the foregoing document are true and correct to the best of my information, knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to un-sworn falsification to authorities. DATE: ~ I g 1 ~ ~ { AD OLIVER CERTIFICATE OF SERVICE I, Maria P. Cognetti, Esquire, hereby certify that I served a true and correct copy of the foregoing Defendant's Answer to Plaintiff's Complaint at the address indicated below: John R. Fenstermacher, Esq. 5115 East Trindle Road Mechanicsburg, PA 17050 Service bv' Personal service via hand delivery X Service by First Class, United States Mail, postage pre-paid, mailed at Camp Hill, Pennsylvania, addressed as indicated above Overnight delivery Facsimile service Certified/Registered Mail MARIA P. COGNETTI & ASSOCIATES Date: July 9, 2010 By: MARIA R: COG~TI, ESQUIRE Attorney I.D. No. 7 4 210 Grandview Avenue, Suite 102 Camp Hill, PA 17011 Telephone No. (717) 909-4060 Attorney for Defendant .~ * , M' TH~~ ~~ ~0 SEP -1 PM 2:22 g~-~, ~~~ COUNTY p~~;,YLVAMIA Constance P. Brunt, Esquire Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cobruntQ-_CPBruntLaw.com Attorney for Plaintiff ELLEN D. OLIVER, Plaintiff v. ADRIAN L. OLIVER, Defendant IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10-4090 CIVIL TERM IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE TO: David D. Buell, Prothonotary Please withdraw the appearance of JOHN R. FENSTERMACHER, ESQUIRE, as counsel for Plaintiff, ELLEN D. OLIVER, in the above-captioned action. DATE: ~ 2-SI ~~ BY J n R`. enstermacher, Esquire S preme Court I.D. #29940 5 st Trindle Road Mechanicsburg, PA 17050 (717) 691-5400 PRAECIPE TO ENTER APPEARANCE TO: David D. Buell, Prothonotary Please enter the appearance of CONSTANCE P. BRUNT, ESQUIRE, as counsel for Plaintiff, ELLEN D. OLIVER, in the above-captioned action. DATE: ~'/.~~~o CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt _CPBruntLaw.com Attorney for Plaintiff CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that on the ~lsf day of /Qw9~°f , 2010, I served a true and correct copy of the foregoing Praecipe To Withdraw Appearance and Praecipe To Enter Appearance by depositing same in the United States Mail, first-class postage prepaid, at Harrisburg, Pennsylvania, addressed as follows: Maria P. Cognetti, Esquire MARIA P. COGNETTI & ASSOCIATES 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Defendant CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID #29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 (FAX) (717) 232-0255 cpbrunt@CPBruntLaw.com Attorney for Plaintiff L; i . !t ^5• •, 4D V cut ?f t Constance P. Brunt, Esquire Supreme Court ID 029933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110 (717)232-7200 FAX (717) 232-0255 cobrunt&CPBruntLaw.com Attorney for Plaintiff ELLEN D. OLIVER, Plaintiff V. ADRIAN L. OLIVER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10-4090 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, CONSTANCE P. BRUNT, ESQUIRE, do hereby certify that: 1. On June 17, 2010, a Complaint In Divorce, properly endorsed with a Notice To Defend And Claim Rights, was filed on behalf of Plaintiff and against Defendant in the above matter. 2. On June 21, 2010, a certified copy of the Complaint In Divorce, properly endorsed with a Notice To Defend And Claim Rights, was mailed by Plaintiffs former counsel, JOHN R. FENSTERMACHER, ESQUIRE, to Defendant, ADRIAN L. OLIVER, at 2110 Longs Gap Road, Carlisle, Pennsylvania 17013, as evidenced by the Certificate Of Service filed by Attorney Fenstermacher on June 22, 2010, and the sender's receipt attached hereto. 3. The aforesaid certified copy of the Complaint In Divorce, properly endorsed with a Notice To Defend And Claim Rights, sent to the Defendant, ADRIAN L. OLIVER, was delivered on June 22, 2010, as evidenced by the return receipt card signed by the Defendant and attached hereto. 4. To the best of my information and belief, the signature on Part 5 of the return receipt card is, in fact, the signature of the Defendant, ADRIAN L. OLIVER. DATE (Olt Llto /?Vr CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID # 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 FAX (717) 232-0255 cpbrunt _CPBruntLaw.com Attorney for Plaintiff a, Er I rru m Co Certified Fee Return Receipt Fee j o,tmsrk '?? t1F.re C:I iFndersement Flequlrec) _ Q Restricted ery f /J Es nt R Endorsement Requirec i p Total Postage $ Fees $ , Ir ( Sent To Adrian--L_.,_Oliver.__ - --------- -- - E3 orrPO eo t No ' 2110 Longs Gap Road rcrty, Sfate, ZIP+ 4 Carlisle, PA 17013 ¦ Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse sot a can return the card to you. ¦ Att this card to the back of the mailpiece, or otv a front if space permits. A. X ? Agent ArtidB Addressed to: Adrian L. Oliver 21' Longs Gap Road C isle, PA 17013 B. Received by`(1Prin Nam C. _ Date of Delivery ho ?.f IAN 61- ( V0, - ,6-2-2 D. Is delivery address different from item 17 ? Yes If YES, enter delivery address below: $t No 3. a Type Certified Mail ? Express Mail ? Registered Datum Receipt for Merchandise 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2. Article Number 7001 1940 0006 8634 9299 (Transfer from service label) PS Form 3811, August 2001 Domestic Return Receipt 102595-02-M-1540 A C cil f?zt --t t?*t1n 20 Z r fM C'7 -Vrn ? /f t N N % C3 1"'Z t7 t? Johnson, Duffle, Stewart & lWeidner By: Constance P. Brunt, Esquire I.D. No. 29933 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 cpb@jdsw.com ELLEN D. OLIVER, Pla V. ADRIAN L. OLIVER, Defendant PRAECIPE TO: David D. Buell, Proth Please withdraw the of marital property, alimor expenses, as set forth in Co 2010. ry Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4090 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE aintif's claims for equitable division, distribution and assignment and alimony pendente lite, and for counsel fees, costs and :s II through IV of Plaintiff's Complaint in Divorce filed on June 17, JOHNSON, DUFFIE, STEWART & WEIDNER Date: By: Z4?1-7 - Constance P. Brunt, Esquire CERTIFICATE OF SERVICE I, Constance P December, 2011, 1 served a nt, Esquire, do hereby certify that on the qy_e day of ae and correct copy of the foregoing Praecipe by hand-delivery to: Maria P. Cognetti, Esquire Maria P. Cognetti & Associates 210 Grandview Avenue Suite 102 Camp Hill, PA 17011 Attorney for Defendant JOHNSON, DUFFIE, STEWART & WEIDNER By: Constance P. Brunt, Esquire 472305 C co f`Q3 min = rrTj ; -a N Q ?? --fC) s -7 s -C Johnson, Duffle, Stewart By: Constance P. Brunt, I.D. No. 29933 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 1 (717) 761-4540 cpb@jdsw.com Weidner Attorneys for Plaintiff 09 ELLEN D. OLIVER, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, Plaint PENNSYLVANIA V. NO. 10-4090 CIVIL TERM ADRIAN L. OLIVER, CIVIL ACTION - LAW Defen ant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint n Divorce under Section 3301(c) of the Divorce Code was filed on June 17, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date f filing and service of the Complaint. 3. 1 consent to he entry of a final Decree of Divorce after service of notice of intention to request entry of t e Decree. I verify that the sta ements made above are true and correct. I understand that false statements herein are mad subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: t - A4/apll l ELLEN D. OLIVER, PLAINTIFF ?xs c? -rs? U t 3 r? N i -ic3 =© = Qc? z'` - 4 Johnson, Duffle, Stewart & By: Constance P. Brunt, E: I.D. No. 29933 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17 (717) 761-4540 cpb@jdsw.com Weidner muire Attorneys for Plaintiff 109 ELLEN D. OLIVER, V. ADRIAN L. OLIVER, Defen 1. I consent to t 2. 1 understand lawyer's fees or expenses if 3. 1 understand Court and that a copy of & Prothonotary. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-4090 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE e entry of a final Decree of Divorce without notice. that I may lose rights concerning alimony, division of property, do not claim them before a divorce is granted. hat I will not be divorced until a Divorce Decree is entered by the e Decree will be sent to me immediately after it is filed with the I verify that the statements made above are true and correct. I understand that false statements herein are mad subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: l ? ( -qo U ELLEN D. OLIVER, PLAINTIFF -4 Z70 Uir' C), MM ?o xo. z -? ELLEN D. OLIVER, V. ADRIAN L. OLIVER, IN THE COURT OF COMMON PLEAS iff CUMBERLAND COUNTY, PENNSYLVANIA DOCKET NO. 2010-4090 CIVIL TERM CIVIL ACTION -LAW dant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint inl Divorce under Section 3301(c) of the Divorce Code was filed on June 17, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to thel entry of a final decree of divorce after service of notice of intention to request entry of the I verify that the false statements herein falsification to authorities. Date: /,? - /G? - /i made in this affidavit are true and correct. I understand that J made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn ADRIAN L. OLIVER Cl) rn? r =s x XC 5 cs v- ELLEN D. OLIVER, IN THE COURT OF COMMON PLEAS Plai ntiff CUMBERLAND COUNTY, PENNSYLVANI A V. DOCKET NO. 2010-4090 CIVIL TERM ADRIAN L. OLIVER, CIVIL ACTION -LAW Defe ndant IN DIVORCE WAIVER NOTICE OF INTENTION TO RE UEST ENTRY OF DIVORCE DECREE UNDER 4 3301(c) OF THE DIVORCE CODE 1. I consent tol the entry of a final Decree of Divorce without notice. 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. I Court and that a copy of Prothonotary. I that I will not be divorced until a Divorce Decree is entered by the the Decree will be sent to me immediately after it is filed with the 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 unworn falsification to authorities. Date: ' 116, 44 A RIAN L. OLIVER 4 Johnson, Duffie, StewartWeidner By: Constance P. Brunt, Esquire I. D. No. 29933 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 cpb@jdsw.com nhw C7 rnl -_ !N tC> r•Z C d y" ?? C7 # t zn 7 r l -t .r- -c Attorneys for Plaintiff ELLEN D. OLIVER, Plai IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ADRIAN L. OLIVER, To the Prothonotary: Transmit the divorce decree: 1. Ground for divorce: i 2. Date and manner c delivery, return receipt reqL 2010. 3. Date of execution of by Plaintiff: Decem 4. Related claims per NO. 10-4090 CIVIL TERM CIVIL ACTION - LAW ant IN DIVORCE PRAECIPE TO TRANSMIT RECORD together with the following information, to the court for entry of etrievable breakdown under § 3301(c) of the Divorce Code. service of Complaint: June 22, 2010, by certified mail, restricted sted, as set forth in the Certificate of Service filed on October 13, the Affidavit of Consent required by § 3301(c) of the Divorce Code: ?r 14, 2011; by Defendant: December 16, 2011. ng: None. 5. Date Plaintiff's Filed herewith. Date Defendant's Filed herewith. r of Notice in § 3301(c) Divorce was filed with the Prothonotary: of Notice in § 3301(c) Divorce was filed with the Prothonotary: JOHNSON, DUFFIE, STEWART & WEIDNER Date By: ' Constance P. Brunt, Esquire 472297