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Home My WebLink About06-6018 , . .. KRISTEN MORTELLlTI, Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ -&oJ? dui l / 8l-~ : CIVIL ACTION - LAW : IN DIVORCE JOHN MORTELLlTI, Defendant. NOT ICE 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 action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by 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 by the Plaintiff. You may lose money or 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 .. KRISTEN MORTELLlTI, Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. tl ~ - (,IJ/? JOHN MORTELLlTI, Defendant. CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request the court require you and your Spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your Spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. .. KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff KRISTEN MORTELLlTI, Plaintiff, vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. ~ - ~O/p /? /'--c;, L/u;C I&<...~ JOHN MORTELLlTI, Defendant. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KRISTEN MORTELLlTI, by and through her attorney, LESLEY J. BEAM, ESQ., and makes the following Complaint in Divorce: 1. The Plaintiff is KRISTEN MORTELLlTI, an adult individual who currently resides at 477 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant is JOHN MORTELLlTI, an adult individual who currently resides at 1818 Willow Road, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 15, 2005, in Cumberland County, Pennsylvania, 5. The Parties separated on October 9, 2006, when Plaintiff moved out of the marital home. 6. Neither the Plaintiff nor Defendant is in the military service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. Plaintiff has been advised of the availability of marriage counseling and the right to request that the Court require the parties to participate in counseling. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (e) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, if both parties file affidavits consenting to a divorce after (90) ninety days have elapsed from the date of service of this Complaint, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (d) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. The marriage of the parties is irretrievably broken. 13. The parties are living separate and apart and at the appropriate time Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two (2) years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. COUNT III REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 (a) OF THE DIVORCE CODE 15. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 16. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502 (a) of the Divorce Code. 17. Plaintiff and Defendant have been unable to agree to the equitable distribution of said property, as of the date of filing of this Complaint. 18. Plaintiff requests that the Court equitably divide, distribute, or assign the marital property between the parties. WHEREFORE, Plaintiff respectfully requests that the Court enter an order of equitable distribution of marital property pursuant to Section 3502 (a) of the Divorce Code. Respectfully Submitted, KOPE & ASSOCIATES Date: 10/4/ ()&, I I Y..ERJFICAilON I, K;rlsten Mortell~i, the Plaintiff in this matter, have read the foregoing Complaint. .~ . Jijverify that my averments in this Complaint are true and correct and based upon my :;.5i,' i1'Elrsonal knowledge. I understand that any false statements herein are made subject to ,:.:~; Be penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. /0.9'0(0 1fMfuA~~' Kristen Mortel/iti - .. . ~ ~ ~ N ~ -- \ ~ ..0 ,') l"-..."i ~ C:..;:) ~ - 0 ~.~~ . D () (:}..., -, c . . (. : . ~ \) Crt -~; '- """"- -- ~ N c- Ot G. W I , ~ - :'~i 1 -tJ C) ....... - r'-_~ .-, ~ ~ ~ '-..,Cf ;-<.: ~ .. r'-- ~ ~ ..... KRISTEN MORTELLITI, Plaintiff v. JOHN MORTELLITI, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA :CIVIL ACTION - LAW :IN DIVORCE :NO.06--6018 PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Kindly enter the appearance of Elizabeth S. Beckley, Esquire, Thomas A. Beckley, Esquire and Beckley & Madden, of Counsel, on behalf of the Defendant, John Mortelliti, in the above-captioned matter. DATED: JJ -})-c;{, Of Counsel BECKLEY & MADDEN 212 North Third Street P.O. Box 11998 Harrisburg, Pennsylvania 17108 (717) 233-7691 f... CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Lesley J. Beam, Esquire Kope & Associates 4660 Trindle Road Suite 201 Camp Hill, PA 17011 DATED: I ~ }-J--4.r; S"? '- ~...........) co.? :~~1 c;-, i'.) N , KRISTEN MORTELLITI, :IN THE COURT OF COMMON PLEAS OF Plaintiff/Respondent :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION - LA W :IN DIVORCE JOHN MORTELLITI, DefendantlPetitioner :NO.06-6018 PETITION FOR EQUITABLE DISTRIBUTION, ALIMONY PENDENTE LITE, COUNSEL FEES, COSTS AND EXPENSES AND ALIMONY AND NOW comes the DefendantlPetitioner, John Mortelliti, who, by and through his attorneys, Elizabeth S. Beckley, Esquire, Thomas A. Beckley, Esquire, and Beckley & Madden, of Counsel, files this Petition for Alimony Pendente Lite, Counsel Fees, Costs and Expenses and Alimony, in which he avers that: 1. DefendantlPetitioner, John Mortelliti, is an adult individual residing at 1818 Willow Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Plaintiff/Respondent, Kristen Mortelliti, is an adult individual residing at, upon information and belief, 477 Francis Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Plaintiff/Respondent filed a Divorce Complaint in this matter on or about October 16,2006, at the above-captioned docket number. 4. DefendantlPetitioner lacks sufficient property to provide for his reasonable means and is unable to support himself in the standard of living established during the marriage through his employment. 8. DefendantlPetitioner has employed counsel, but IS unable to pay the necessary and reasonable attorney's fees for said counsel. 9. DefendantlPetitioner is unable to sustain himself during the course of this litigation and will require alimony pendent elite in order to do so. 10. DefendantlPetitioner requires reasonable alimony to adequately maintain himself in accordance with the standard of living established during the marriage. 11. Plaintiff/Respondent has adequate earmngs to provide for the Defendant' sIPetitioner' s support and to pay his counsel fees, costs and expenses. WHEREFORE, DefendantlPetitioner, John Mortelliti, respectfully requests the Court to: (1) enter an award of Alimony Pendente Lite, interim counsel fees, costs and expenses, until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate; and (2) enter an award of alimony in his favor. DATED: 11- J-}-Ofo Respectfully submitted, of Counsel BECKLEY & MADDEN 212 North Third Street P.o. Box 11998 Harrisburg, P A 17108 (717) 233-7691 2 VERI FICA TION I, John Mortelliti, hereby verify that the statements made in the foregoing document are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties 18 Pa C. S. Section 4904, relating to unsworn falsification to authorities. DATED: J J - 2-, - 0 t:, . . CERTIFICATE OF SERVICE I, Elizabeth S. Beckley, Esquire, hereby certify that a true and correct copy of the foregoing document was this day served upon the person and in the manner indicated below. SERVICE BY FIRST CLASS MAIL: Lesley J. Beam, Esquire Kope & Associates 4660 Trindle Road Suite 201 Camp Hill, PA 17011 DATED: /I~J-J-oro ~ ..t:- o ~~o ~ ~ 0 (j) ti SA> In IJ\ () ..:l ~ 0' ~ <5 it -0 o 3 ,.........-_ c) !--~ ..--:-~_.:) <-".) (~:-' i'.) N s .< IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Kristen. !t1orfe.llt'h' Plaintiff Vs JOhn Morie 1I,'f; Defendant File No. OlJ,.fpOIZ IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff I defendant in the above matter, [select one by ma:rking "x'1 l prior to the entry of a Final Decree in Divorce, or _ after the entry of a Final Decree in Divorce dated hereby elects to resume the prior surname of ?u fn ttm , and gives this written notice avowing his I her intention pursuant to the provisions of S4 P .S. 704. Date: /2-7-0(, J(_~ j.A~' ~ Signature ~~ ~ ?utn~ Signature of name being resumed 200~ before me, the Prothonotary or the notary public, personally appeared the above affiant known. to me to be the person whose name is subscribed to the within document and acknowledged that he I she executed the foregoing for the pUIpOse therein contained. In Witness Whereof, I have hereunto set my hand hereunto se m seal. Notary Public IIOTARIM. SEAL flR01HONOT~ EARY PUIUO CNUlE CUM8ERLMD ccunv COURTHOUSE MY COMMISSION EXPIRES MNlNV 4,2010 2 :0:::;...... ~:S~;5 ~'y. '.-' /:.- '- (!~.C.l;~~ ;"'.......'- '~(: ~ ~ ,c....,,! ~s:. ~~::~ 7.~ 2 ,lAi3 >>-\AAtO~ 0lJ8\A 'f~t~ :ffl1'iQ~m4TO'" ~\l'I\'llllfl\>'OO ~ ~a'tJ\l !~ o~ t$ .. '1AA~~\. 81R\qt] ~o\~a\Ml!O~ '1M ~ <;? % ("") , ...J ~ C? 0-' - ~ -\ ~~ -rJ1'"f' ~~Jq (.::,3.<;;! ~5 -;\ f:./~O ('5(1\ -\ "" ~ KOPE & ASSOCIATES, LLC BY: LESLEY J. BEAM, ESQ. ATTORNEY I.D. 91175 4660 Trindle Road, Suite 201 Camp Hill, PA 17011 (717) 761-7573 Ibeam@kopelaw.com Attorney for Plaintiff KRISTEN MORTELLlTI, Plaintiff, vs. IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-6018 JOHN MORTELLlTI, Defendant. : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Please enter the Plaintiffs voluntary discontinuance of the within action pursuant to Pennsylvania Rule of Civil Procedure 229. Respectfully Submitted, Dale: ?;fc6(D 1 I /" .~ J:;)/A-. VERIFICATION I, Kristen Mortelliti, the Plaintiff in this matter, have read the foregoing Praecipe to Discontinue. I verify that the statements made in this Praecipe are true and correct and based upon my personal knowledge. I understand that any false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsifications to authorities. Dated: (3'" 8 - 01 ~A~' Kris en Mortelliti ~-' c.:::> r~ --~ ::~ ;::::.; .~ ~ --\ ""-41 fl1p ".rJCD, ~ '_f ~.~ .~~ i~) '\ .--;,-, -0 -i";" ,}~~ ::::!\ ..,...':).. .r:::- >..bJ ~