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HomeMy WebLinkAbout04-4077IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. EDWARDS, NO. U?' ?O J Plaintiff vs. CIVIL ACTION - LAW LISA A. EDWARDS, Defendant 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. Ajudgment may also be entered against you for any other relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you. 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 Court House, Carlisle, Pennsylvania 17013. 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 ASSISTANCE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. EDWARDS, NO. Plaintiff vs. CIVIL ACTION - LAW LISA A. EDWARDS, Defendant IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USED HA SIDO DEMANDADO EN LA CORTE. Si desea defederse de las quejuas expuestas en las paginas siquientes, debe tomar accion con prontitud. Se le avisa que si not se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien set emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades y otros derechos importantes para. usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Court House, Carlisle, Pennsylvania 17013. ST USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO Y OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telefano: (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. EDWARDS, NO. Plaintiff vs. CIVIL ACTION - LAW LISA A. EDWARDS, Defendant IN DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING Brian K. Edwards, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: Cs- ? - o 4 ?? ?Lc? Brian K. Edwards IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA BRIAN K. EDWARDS, Plaintiff vs. LISA A. EDWARDS, Defendant NO. a y? ?/ 0'77 CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 12th day of August, 2004, comes the Plaintiff, Brian K. Edwards, by his attorney, G. Patrick O'Connor, Esquire, Office of G. Patrick O'Connor, Esquire, and files the following Complaint in Divorce whereof the following is a statement: The Plaintiff, Brian K. Edwards, is an adult individual who currently resides at 111 Round Ridge Road, Mechanicsburg, Cumberland County, PA 17055. 2. The Defendant, Lisa A. Edwards, is an adult individual who currently resides at 111 Round Ridge Road, Mechanicsburg, Cumberland County, PA 17055. 3. The Plaintiff and Defendant were married on or about March 11, 1989, and separated on or about August 1, 2004. 4. The Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 5. There have been no prior actions of divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. 7. Both the Plaintiff and Defendant are sui juris and are citizens of the United States. 8. The Plaintiff avers as the grounds upon which this action is based is that: (A) That the Defendant has committed adultery: (B) That the marriage between the parties hereto is irretrievably broken. WHEREFORE, the Plaintiff requests your Honorable Court to enter a decree divorcing the Plaintiff and Defendant absolutely. COUNT H REQUEST FOR CUSTODY UNDER §1915.15 AND §1920.32 OF THE DIVORCE CODE 9. The allegations of Paragraphs one (1) through eight (8) are incorporated herein by reference as though set forth in full. 10. The Plaintiff seeks custody of the following children: (1) Ashley L. Edwards, 111 Round Ridge Road, Mechanicsburg, Cumberland County, PA 17055, date of birth: August 21, 1989; (2) Megan N. Edwards, 111 Round Ridge Road, Mechanicsburg, Cumberland County, PA 17055, date of birth: December 13, 1994; 11. The children were not born out of wedlock. 12, The children are presently in the custody of Brian K. Edwards and Lisa A. Edwards, who reside at 111 Round Ridge Road, Mechanicsburg, Cumberland County, PA 17055. 13. During the past five years, the children have resided with the following persons and at the following addresses: (a) Brian K. Edwards and Lisa A. Edwards at 905 Sheffield Avenue, Mechanicsburg, Cumberland County, PA 17055, from 1994 to July, 2000; (b) Brian K. Edwards and Lisa A. Edwards at 111 Round Ridge Road, Mechanicsburg, Cumberland County, PA 17055 , from July, 2000 until the present. 14. The mother of the children is Lisa A. Edwards, currently residing at at 111 Round Ridge Road, Mechanicsburg, Cumberland County, PA 17055. 15. The father of the children is Brian K. Edwards, currently residing at at 111 Round Ridge Road, Mechanicsburg, Cumberland County, PA 17055. 16. The relationship of Plaintiff to the children is that of father. The plaintiff currently resides with the following persons: (a) Lisa A. Edwards--wife (b) Ashley L. Edwards--daughter (c) Megan N. Edwards--daughter 17. The relationship of the Defendant is that of mother. The Defendant currently resides with the following persons: (a) Brian K. Edwards--husband (b) Ashley L. Edwards--daughter (c) Megan N. Edwards--daughter 18. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. 19. Plaintiff has no other information of a custody proceeding concerning the children pending in a court of this Commonwealth. 20. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 21. The best interest and permanent welfare of the children will be served by granting the relief requested. 22. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been names as parties to this action. WHEREFORE, Plaintiff requests the Court to grant custody of the children to the father. Respectfully submitted, Z&w YPatricConnor 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 ID No. 64720 Attorney for the Plaintiff VERIFICATION I, BRIAN K. EDWARDS, state that I am the PLAINTIFF in the above-captioned case and that the facts set forth in the foregoing are true and correct to the best of my knowledge, information, and belief. I realize that false statements herein are subject to the penalties for unsworn falsification to authorities under 18 Pa. C. S. Sec. 4904. Date: C Brian K. Edwards CERTIFICATE OF SERVICE I hereby certify that I have, this day, served the herein Complaint in Divorce to the party indicated below by depositing same in the United States certified and regular mail, postage prepaid, at Camp Hill, Pennsylvania: Lisa A. Edwards 111 Round Ridge Road Mechanicsburg, PA 17055 DATE: a`l 7-d<1- Z4 G Patrick O'Connor, Esquire Attorney No. 64720 3105 Old Gettysburg Road Camp Hill, PA 17011 (717) 737-7760 Attorney for Plaintiff ? ? ? s ? ' r? ?. ?. BRIAN K. EDWARDS, Plaintiff V. LISA A. EDWARDS, Defendant q NOV 1 9 20SF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4077 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 1 e day of November, 2004, counsel for the parties having requested a thirty (30) day continuance on October 7, 2004, and the Conciliator having received no further request for the Custody Conciliation Conference to reconvene, hereby relinquishes jurisdiction of the above captioned matter. FOR THE COU BY: Melissa Peel Greevy, Esquire Custody Conciliator :239199 ?"', ?i?t ?,, , -:, _ :?11 ?_.-1 ",` h BRIAN K. EDWARDS Plaintiff V. LISA A. EDWARDS, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : DOCKET NO. 04-4077 CIVIL CIVIL ACTION- IN DIVORCE DEFENDANT'S ANSWER TO DIVORCE COMPLAINT TOGETHER WITH COUNTERCLAIM AND NOW, comes Defendant, Lisa A. Edwards, by and through her counsel, Serratelli, Schiff nan, Brown & Calhoon, P. C., and files her Answer to Complaint in Divorce and Counterclaim, and in support thereof avers as follows: COUNTI DIVORCE UNDER SECTION 3301(c) OR 3301 (d) OF THE DIVORCE CODE 1. Admitted. 2. Denied. It is denied that Defendant currently resides at 111 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania. To the contrary, Defendant resides at 456 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Defendant is without knowledge sufficient to form a belief as to the truth of the matters asserted in paragraph 6 of the Complaint in Divorce and strict proof of the same, if relevant, is demanded at the time of hearing. 7. Admitted. 8. The averments set forth in paragraph 8 of the Plaintiff's Complaint state conclusions of law to which no response is required. By way of further reply, it is admitted that the marriage is irretrievably broken. WHEREFORE, Defendant requests that the Court enter a decree of divorce. COUNT II Request for Custody Under 41915.15 and 41920.32 of the Divorce Code 9. Incorporation paragraph. No response required. 10. Admitted in part and denied in part. It is admitted that Plaintiff seeks custody of the parties' two minor children. It is denied that Plaintiff should be awarded custody of the parties' two minor children. To the contrary, it is in the best interest of the children that an Order for shared legal and physical custody be entered. 11. Admitted. 12. Denied as stated. The children are presently in the custody of the parties to this action pursuant to a schedule of visitation reached between the parties. 13. Admitted in part and denied in part. It is admitted that the during the past five (5) years that children have resided with the following persons and at the following addresses: (a) Plaintiff and Defendant at 111 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania; (b) Defendant at 456 Stonehedge Lane, Mechanicsburg, Cumberland County, Pennsylvania; and (c) Plaintiff at 111 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania. It is denied that the parties ever resided at 905 Sheffield Avenue, Mechanicsburg, Cumberland County, Pennsylvania. To the contrary, in 1994 the parties and their two children resided in Easton, Pennsylvania at an address located at 2245 Wagon Wheel Drive. When the parties moved to Central Pennsylvania 2000, the parties lived in temporary housing from April-June '00 in Derry Township, Dauphin County, Pennsylvania. 14. Admitted in part and denied in part. It is admitted that the mother of the children is Lisa A. Edwards. It is denied that Lisa Edwards resides at 111 Round Ridge Road, Mechanicsburg, Cumberland County, Pennsylvania. 15. Admitted. 16. Admitted in part and denied in part. It is admitted that Plaintiff resides with the parties' two children. It is denied that Plaintiff resides with Defendant. 17. Admitted in part and denied in part. It is admitted that the children sometimes reside with Defendant. It is denied that Defendant resides with Plaintiff. 18. Admitted. 19. Admitted. 20. Admitted. 21. Denied. It is denied that the "best interest and permanent welfare of the children will be served by granting the relief requested." To the contrary, the children look to Defendant a constant source of love and support. 22. Admitted. WHEREFORE, Defendant requests that the Court deny Plaintiff's request for custody of the minor children, and enter an order granting Defendant shared legal and primary custody of the parties' two (2) minor children. COUNTERCLAIM FOR DIVORCE UNDER SECTIONS 3301(c) or 3301(d) OF THE DIVORCE CODE 23. The averments set forth in paragraphs 1 through 22 are incorporated herein by reference as if more fully set forth at length. 24. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Counterclaim. 25. The Plaintiff and Defendant were married on March 11, 1989. 26. There have been no prior actions of divorce or for annulment between the parties. 27. The marriage is irretrievably broken. 28. Defendant/Counterclaim Plaintiff (hereinafter "Defendant") has been advised that counseling is available and that Counterclaim Plaintiff (hereinafter "Plaintiff') may have the right to request that the Court require the parties to participate in counseling. 29. Defendant avers that there are children of the parties under the age of 18, namely: a. Ashley L. Edwards born 8/21/89; and b. Megan N. Edwards born 12/13/94 WHEREFORE, Defendant requests the Court to enter a decree of divorce. COUNTERCLAIM FOR EQUITABLE DISTRIBUTION 30. The averments set forth in paragraphs 1 through 29 are incorporated herein by reference as if more fully set forth at length. 31. The parties possess various items of both real and personal marital property which is subject to equitable distribution by this Court. WHEREFORE, Defendant requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. Date: October 16, 2006 Respectfully submitted, Paige Macdonald-Matthes, Esquire Attorney ID No. 66266 SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road, Suite 201 Harrisburg, PA 17110 (717) 540-9170 10/13/2006 16:51 717-763-7120 RADISSON SALES DEPT PAGE 09/10 VERMCATI(ON Z verify that the statements made in the foregoing Answer to Complaint in Divorce and Counterclaim are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: ai a A. Edwards RECEIVED TIME OCT.13. 4:59PM CERTIFICATE OF SERVICE I, Paige Macdonald-Matthes, Esquire, counsel for the Defendant/Counterclaim Plaintiff in the above captioned matter, certify that I this day served a copy of the foregoing Answer To Complaint in Divorce together with Counterclaim upon the person(s) indicated below by United States First Class Mail, postage prepaid, at Harrisburg, Pennsylvania and addressed as follows: G. Patrick O'Connor, Esquire 3105 Old Gettysburg Road Camp Hill, PA 17011 Attorney for Plaintiff/Counterclaim Defendant Date: October 16, 2006 Paige Macdonald-Matthes, Esquire (7 e.a r-'x {mm c? `,TJ t z t ? ?L3 %J0 C) BRIAN K. EDWARDS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : DOCKET NO. 04-4077 CIVIL LISA A. EDWARDS, CIVIL ACTION- IN DIVORCE Defendant AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 17, 2004. (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 without formal notice of the intention to request entry of a divorce decree. (4) 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. (5) 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. 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. Sec. 4904 relating to unsworn falsification to authorities. ? - DOW ?- DATED Brian K. Edwards r z:? cra "?? BRIAN K. EDWARDS : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. : DOCKET NO. 04-4077 CIVIL LISA A. EDWARDS, CIVIL ACTION- IN DIVORCE Defendant AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(C) OF THE DIVORCE CODE (1) A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 17, 2004. (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 without formal notice of the intention to request entry of a divorce decree. (4) 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. (5) 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. 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. Sec. 4904 relating to unsworn falsification to authorities. 12/9/08 DATED Li A. Edwards r.? :. C:rl 4 AN Paige Macdonald-Matthes, Esquire Pa. Supreme Court ID No. 66266 Serratelli, Schiffman, Brown and Calhoon, P.C. 2080 Linglestown Road Suite 201 Harrisburg, Pennsylvania 17110 Telephone (717) 540-9170 Fax (717) 540-5481 Attorney For Defendant, Lisa A. Edwards BRIAN K. EDWARDS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. DOCKET NO. 04-4077 CIVIL LISA A. EDWARDS, CIVIL ACTION- IN DIVORCE Defendant PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a Divorce Decree: 1. Ground for divorce: 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Certified and Regular Mail August 17, 2004. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff 12/9/08, by Defendant 12/9/08 . 4. Related claims pending: The parties signed a Marital Settlement Agreement on November 5, 2008, thus no claims are pending. 5. Date plaintiffs Waiver of Notice in ' 3301(c) Divorce was filed with the Prothonotary: 12/16/08; Date defendant's Waiver of Notice in 13301(c) Divorce was filed with the Prothonotary: 12/16/08 . Dated: l44)t Paige Macdonald-Matthes, Esquire SERRATELLI, SCHIFFMAN, BROWN & CALHOON, P.C. 2080 Linglestown Road Suite 201 Harrisburg, PA 17110 (717) 540-9170 Attorney for Defendant c7 c ^a ? K C».J .17 Brian K. Edwards V. Lisa A. Edwards DIVORCE DECREE >4 Ave 0'lt*31A M - AND NOW, , it is ordered and decreed that Brian K. Edwards IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-4077 plaintiff, and Lisa A. Edwards , 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.") a the Court, Attest: J. Prothonotary .,a. -C -/ ,,6 (2 . C ./