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HomeMy WebLinkAbout02-3718SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION NO. 0~-37/~ ~ IN DIVORCE 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 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 Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. 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, 1 Courthouse Square, Carlisle, PA 17013-3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le hah demandado a usted en la corte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o Page 1 of 2 por abogado y archival en la corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomar~ medidas y puede entrar una 6rden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda, usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, PA 17013-3387 (717) 240-6200 Michael D. Rentschler, Esquire Attorney for Plaintiff Page 2 of 2 SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSEl.lNG You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. Prothonotary SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. - 3'9/8' : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is SEAN P. VILLOTT, a citizen of Pennsylvania, residing at 480 Mt. Airey Road, Lot 2, Lewisberry, Cumberland County, Pennsylvania. 2. Defendant is DEBRA G. VILLOTT, a citizen of Pennsylvania, residing at 200 South Enola Drive, 2~ Floor, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and both have been bonafide residems of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on September 22, 1995 in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & 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. The Plaintiff has been advised of the availability of counseling and of the right to 1 request that the Court require the parties to participate in counseling. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporate herein by reference thereto. 14. The marriage of the parties is irretrievable broken. 15. Plaintiff and Defendant have been living separate and apart since lune 30, 2001. 2 Plaintiff will file his affidavit of having lived separate and apart two years after the date of separation. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 3 VERIFICATION I, SEAN P. VILLOTT, verify that the statements made in the Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to tmsworn falsification to authorities. ~ P. tiffVILLOTT, I, SEAN P. VILLOTT, verify that the statements made in the Complaint 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. S~ P. Q~fiff VILLOTT, Sean P. Villott, Plaintiff vs. Debra G, Villott, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-~ CIVIL IN DIVORCE ACCEPTANCE OF SERVICE Please note that the Complaint in Divorce docketed at the above number was served upon Defendant Debra G. Villott, by hand- delivery from Michael D. Rentschler, Esquire to Defendant Debra G. Villott, on October 11, 2002. I, Debra G. Villott, hereby accept service of the Complaint in D~sv ~~~ l~th dRY of October 2002. Debra G. Villott Law Office of Michael D. Rentschler, P.C. Dated: MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 Supreme Court ID No. 45836 SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant · IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION · NO. 02-3718 · IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint filed in the above case. Dated :-~.~--~.~-Z~~---~ ~. Mi~,ha~ - D. Rentschler Attorney for Plaintiff SEAN P. VILLOTT Plaintiff VS. DEBRA G. VILLOTT, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION[ : : NO. 02-3718 : IN DIVORCE AFFIDAVIT OF HAVING LIVED SEPARATE AND APART UNDER SECTION 3301(d) OF THE DIVORCE CODE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you mast file a counter-affidavit within twenty (20) days after this affidavit has been served on you or the statements will be admitted. Dated: Plaintiff's Affidavit under Section 3301(d) of the Divome Code. 1. The parties to this action separated on June ~ , 200 I, and have continued to live separate and apart for a period of two (2) years. 2. The marriage is irretrievably broken. 3. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. I verify that the statements made in the Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating 'to unswom falsification to authorities. ~//~'/~"~ ~~AN P. VILLOTT, SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION · NO. 02-3718 · IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(D) OF THE DIVORCE COD,E[ 1. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property or counsel fees if I do not claim them before a divorce is granted. 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. 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 unswom falsification to authorities. Dated: SEAN P. VILLOTT, Plaintiff DEBRA G. VILLOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3718 CIVIL TERM : IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Marylou Matas, Esquire, to proceed informa pauperis. I, Marylou Matas, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Respectfully submitted, Maryl~ua54~atas, Esquir~ Attorne)i fo'r Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 SEAN P. VILLOTT, Plaintiff DEBRA G. VILLOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3718 CIVIL TERM : 1N DIVORCE AFFIDAVIT IN SUPPORT PETITION FOR LEAVE TO PROCEED IN FORMA PA UPERIS I am the Defendant in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. I represent that the information below relating to my ability to pay the fees and costs is true and correct. a.) b.) Name: Debra G. Villott Address: 563 Grahams Woods Road Carlisle, PA 17013 Social Security #: 560-23-2527 If you are presently employed, state: N/A Employer: Address: Salary or wages per month: Type of work: If you are presently unemployed, state: Date of last employment: Salary or wages per month: Type of work: c.) Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: $600.00 per month Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Workman's compensation: N/A Public Assistance: N/A Other: d.) Other contributions to household support: Spouse's name: Scan P. Villott If your spouse is employed, state: Employer: Wesco Inc. Salary or wages per month: $1,643.000 per month Type of work: warehouse Contributions from children: N/A e.) Property owned: Cash: N/A Checking account: N/A Savings Account: N/A Certificate of Deposit: N/A Real Estate (including home): N/A Motor vehicle: Make: N/A Cost: Stocks; bonds: N/A Other: f.) Debts and obligations: Mortgage: 0 Rent: Loans: 0 Monthly Expenses: g.) Persons dependent upon you for support Wife: Children: One (1) Name Year: Amount Owed: Age Brantley Cottrell 16 I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. I 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. Section 4904, relating to unsworn falsifications to authorities. DEBRA G. VILLOTT SEAN P. VILLOTT, Plaintiff DEBRA G. VILLOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3718 CIVIL TERM 1N DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Defendant in the above matter hereby elects to retake and hereafter use her previous name of Debra Gene Cottrell. D~BRA G. VILLOTT DEBRA G. COTTRELL COMMONWEALTH OF PENNSYLVANIA COUNTY OF ~Ct On this /~ d~ day of : SS : ,2003, before me, the undersigned officer, personally appeared Debra G. Villott, now known as Debra G. Cottrell, known to me (or satisfactory proven) to be the person whose name is subscribed to the within document and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. I 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. Section 4904, relating to unsworn falsifications to authorities. DEBRA G. VILLOTT SEAN P. VILLOTT, Plaintiff DEBRA G. VILLOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3718 CIVIL TERM : IN DIVORCE DEFENDANT'S ANSWER AND COUNTER-CLAIM _TO COMPLAINT IN DIVORC_~.E AND NOW, comes Defendant, Debra G. Villott, now lmown as Debra G. Cottrell, by and through her attorney, Marylou Matas, Esquire, and Answers Plaintiff's Complaint in Divorce as follows: Admitted in part and denied in part. It is admitted that Plaintiff, Scan P. Villott, is a citizen of Pennsylvania. It is specifically denied that Plaintiff resides at 480 Mt. Airey Road, Lot 2, Lewisberry, Cumberland County, Pennsylvania. Admitted in part and denied in part. It is admitted that Defendant, Debra G. Cottrell, is a citizen of Pennsylvania. It is denied that Debra G. Cottrell resides as 200 South Enola Drive, 2nd Floor, Enola, Cumberland County, Pennsylvania. By way of further response, Defendant currently resides at 563 Grahams Woods Road, Carlisle, Cumberland County, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. After reasonable investigation, Defendant is without information or knowledge as to form a belief regarding the allegations of this paragraph. COUNT I Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code Admitted. 10. Admitted. 11. 12. SO The allegations contained in this paragraph contain conclusions to which no response is required. After reasonable investigation, Defendant is without information or knowledge so as to form a belief regarding the allegations of this paragraph. WHEREFORE, Defendant requests your Honorable Court to deny Plaintiff's request for the entry ora Decree in Divorce. 13. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code Admitted. 14. Admitted. 15. Admitted in part and denied in part. It is adnfitted that Plaintiff and Defendant have been living separate and apart since June 30, 2001. After reasonable investigation, Defendant is without information or knowledge so as to form a belief regarding the allegations of this paragrapl~t. 16. After reasonable investigation, Defendant is without information or knowledge so as to form a belief regarding the allegations of this paragraph. WHEREFORE, Defendant requests your Honorable Court to deny Plaintiff's request for the entry of a Decree in Divorce. 17. COUNTER-CLAIM COUNT I _A, LIMONY, ALIMONY PE-NDENTE LITE~ COSTS AND FEE,'; Paragraphs 1 through 16 are incorporated herein by reference as if set forth in their full text. 18. 19. 20. Defendant is unable to provide for, or afford her fees, expenses and costs during the pendency of this divorce action, and through its resolution. Defendant is without sufficient property and otherwise unable to financially support herself through appropriate employment. Plaintiff is presently employed and receiving a subst~ttial income and benefits and is able to pay for counsel fees, expenses, and costs, as well as alimony, and alimony pendente lite for the Defendant. WHEREFORE, Defendant requests your Honorable Court to enter an Order requiring Plaintiff to pay for Defendant's counsel fees, expenses, and costs as well as providing for payment of an appropriate alimony and alimony pendente lite to Defendant. COUNT II EQUITABLE DISTRIBUTION 21. Paragraphs 1 through 20 are incorporated herein by reference as if set forth in their full text. 22. Plaintiff and Defendant have incurred debts and obligations during their marriage which are subject to equitable distribution. WHEREFORE, Defendant requests your Honorable Court to enter a decree equitably apportioning the debts incurred by the parties. Respectfully submitted, Marylb~as, Esquire~- Attorney fol~efendant GRIFFIE & ASSOCI[ATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I 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. Section 4904, relating to unsworn falsifications to authorities. DATE: ~/ ' [ I~']~BRA G. COTTRELL SEAN P. VILLOTT, Plaintiff DEBRA G. VILLOTT, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02-3718 CIVILTERM : IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the 7~*tlay of July, 2003, cause a copy of Defendant's Answer and Counter-Claim to be served upon Plaintiff's attorney of record by first class mail, postage prepaid at the following address: Michael D. Rentschler, Esquire 1300 Market Street, Suite 200, Lemoyne, PA 17043 DATE: 7t Z ,/o3 Mar~fio~latas, Esquire Attornep:~or Defendant GRIFFIE &. ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5.';52 SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION : : NO. 02-3718 : : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): .~(a) I do not oppose the entry of a Divorce Decree. ~ (b) I oppose the entry of a Divorce Decree because (check (I), (ii) or both): (I) The parties to this action have not lived separate and apart for a pedod of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): __ (a) I do not wish to make any claims for economic relief. I understand that I may lose dghts concerning alimony, division of property, lawyer's fees or expenses'if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important dghts. I verify that the statements made in this Counter-Affidavit 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: DEBRA G. VILLO'I-I', Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant : IN cotm'r OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION' : NO. 02-3718 CIVIL : 1N DIVORCE MOTION TO BIFURCATE DIVORCE 1. The Plaintiffis SEAN P. VILLOTT, a citizen of Pem~sylvania, residing at 480 Mt. Airey Road, Lot 2, Lewisberry, Cumberland County, Pennsylvania. 2. The Defendant is DEBRA G. VILLOTT, a citizen of Pennsylvania, residing at 563 Grams Wood Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintifffiled a Complaint in Divorce on August 2, 2002. The action was reinstated and the Sheriffserved Defendant with the divorce complaint, Plaintiff's Affidavit of Living Separate and Apart, the Waiver of Additionai Time and a Counter-Affidavit for Defendant to complete and return. 4. On or about July 28, 2003, Defendant, through her counsel, served Plaintiff' through his counsel, with an Answer and Counterclaim to the divorce action. Attached to that document as Defendant s executed Counter Affidavit. 5. Defendant's Counter Affidavit states that she does not oppose the entry of a divorce decree, but Defendant made a claim for economic relief. A true and correct copy of Defendant's executed Counter Affidavit is incorporated herein, made a part hereof and attached as Exh/bit 6. Plaintiffdesires to obtain a divorce decree but cannot do so since the Defendant has made a claim for economic relief. Since the Plaintiffdesires to obtain a divorce decree and the Defendant does not oppose the entry ora divorce decree, it is respectfully requested that this case be bifurcated in order to permit the divorce of the two parties. Any economic claims may then be litigated between the parties. WHEREFORE, it is respectfully requested that this Honorable Court bifurcate the above case so as to permit Plaintiff and Defendant to obtain a Divorce Decree. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 2 SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant : IN THE COURT' OF COMMON PLEAS OF : CUMBERLAND, COUNTY, PENNSYLVANIA : : CIVIL ACTION : NO. 02-3718 : IN DIVORCE COIJNTER-AFFIDAVIT IJNDER SECTION 3301(d) OF TItE DIVORCE CODE 1. Check either (a) or (b): ~// (a) I do not oppose the entry of a Divorce Decree. ~ (b) I oppose the entry of a Divorce Decree because (check (I), (ii) or both): (I) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The mardage is not irretrievably broken. Check either (a) or (b): ~ (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit 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: DEBRA G. VILLOTT, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing Motion to Bifurcate by First Class Mail, postage prepaid, addressed to the following: Marylou Matas, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant Date: MICHAEL D. REN~SCI~R, ESQUIRE Attorney for Plaintiff SEAN P. VILLOTT, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION DEBRA G. VILLOTT, Defendant : NO. 02-3718 : 1N DIVORCE RULE AND NOW, this ; -x '~ day of August, 2003, upon consideration of the Motion to Bifurcate filed by Plaintiff, a Rule is hereby issued on the Defendant to show cause why the Motion should not be granted. Rule returnable z o days from date of service. BY THE COURT: Distribution: Court Administrator's Office Prothonotary ,~Michael D. Rentschler, Esquire oMarylou Matas, Esquire The~ble ~: SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3718 CIVIL IN DIVORCE MOTION TO BIFURCATE DIVORCE 1. The Plaintiff is SEAN P. VILLOTT, a citizen of Pennsylvania, residing at 480 Mt. Airey Road, Lot 2, Lewisberry, Cumberland County, Pennsylvania. 2. The Defendant is DEBRA G. VILLOTT, a citizen of Pennsylvania, residing at 563 Grams Wood Road, Carlisle, Cumberland County, Pennsylvania. 3. Plaintifffiled a Complaint in Divorce on August 2, 2002. The action was reinstated and the Sheriff served Defendant with the divorce complaint, Plaintiff's Affidavit of Living Separate and Apart, the Waiver of Additional Time and a Counter-Affidavit for Defendant to complete and return. 4. On or about July 28, 2003, Defendant, through her counsel, served Plaintiff' through his counsel, with an Answer and Counterclaim to the divorce action. Attached to that document was Defendant's executed Counter Affidavit. 5. Defendant's Counter Affidavit states that she does not oppose the entry of a divorce decree, but Defendant made a claim for economic relief. A true and correct copy of Defendant's executed Counter Affidavit is incorporated herein, made a part hereof and attached as Exhibit 6. Plaintiff desires to obtain a divorce decree but cannot do so since the Defendant has made a claim for economic relief. Since the Plaintiffdesires to obtain a divorce decree and the Defendant does not oppose the entry of a divorce decree, it is respectfully requested that this case be bifurcated in order to permit the divorce of the two parties. Any economic claims may then be litigated between the parties. WHEREFORE, it is respectfully requested that this Honorable Court bifurcate the above case so as to permit Plaintiff and Defendant to obtain a Divorce Decree. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 2 SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION : NO. 02-3718 : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ._~ (a) I do not oppose the entry of a Divorce Decree. (b) I oppose the entry of a Divorce Decree because (check (I), (ii) or both): (I) The parties to this action have not lived separate and apart for a pedod of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights conceming alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. · . (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I verify that the statements made in this Counter-Affidavit 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: DEBRA G. VILLOTT, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU NEED NOT FILE THIS COUNTER-AFFIDAVIT. CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing Motion to Bifurcate by First Class Mail, postage prepaid, addressed to the following: Marylou Matas, Esquire Griffie & Associates 200 North Hanover Street Carlisle, PA 17013 Attorney for Defendant Date: Attomey for Plaintiff SHERIFF'S RETURN - CASE NO: 2002-03718 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND VILLOTT SEAN P VS VILLOTT DEBRA G REGUI2iR ROBERT BITNER , Cumberland County, Pennsylvania, says, the within COMPLAINT - DIVORCE VILLOT DEBRA G DEFENDANT , at 2000:00 HOURS, at 563 GRAHAMS WOODS ROAD CARLISLE, PA 17013 DEBRA G VILLOTT a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the llth day of July , 2003 by handing to - DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 6.21 Affidavit .00 Surcharge 10.00 .00 34.21 Sworn and Subscribed to before me this ~ ~-~ day of t ~ A.D. honotary t__ So Answers: R. Thomas Kline 07/14/2003 SEAN VILLOTT ~Deputy Sheriff SEAN P. VILLOTT, Plaintiff VS. DEBRA G. VILLOTT, Defendant SEP u 4 2003 IN THE COURT OF COMMON PLEAS OF CUMBERLAND C',OUNTY, PENNSYLVANIA C1VIL ACTION NO. 02-3718 IN DIVORCE ORDER AND NOW, this "/" day of September, 2003, upon. _c?n.si.d..e_?ation of Motion to Make Rule Absolute filed September 4, 2003, said Motion to Bifurcate is hereby GRANTED. The Plaintiff may proceed with the entry of Decree in Divorce. Any economic claims shall remain, pending further Order of Court. Distribution: Court Administrator's Office Michael D. Rentschler, Esquire Cow fi,vt.,,, ;~ ~t~ Marylou Matas, Esquire co ~}f~ BY THE COURT: norable t~Evl N /:}. ,J. Sean Debra G. P. Villott, Plaintiff Villott, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3718 CiVIZ TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the )llowing 1. Ground for Divorce: Irretrievableoreakdown under 3301(d) of the Divorce Code. Service served on Debts G. Villott on iy 11, 2003. 3. Date of signing and filing oAffidavit of Living signing and filing of the counter-ridavit required by Section 3301d of the Divorce Code by Defe~nt July 28, 2003. Decree and there are alleged p.arty claims pending as stated in led of record. Defendant' s Counter-Affidavit [I~¥~ 1 o4 2 Sean P. Villott, Plaintiff vs. Debra G. Vitlott, De fendant iN THE COURT OF COF~ON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 02-3718 CiVIl TERM : : IN DIVORCE PRAECIPE TO TI~ANSMIT R~CORD TO THE PROTHONOTARY: Transmit the record, together with the 911owing 1. Ground for Divorce: IrretrievabieOreakdown under 3301(d) of the Divorce Code. Service served on Debra G. Villott on .ly 1i, 200.3. 3. Date of signing and filing oAffidavit of Living signing and filing of the counter-ridavit required by Section 3301d of the Divorce Code by Defejnt July 28, 2003. Decree and there are alleged p.erty claims pending as stated in Defendant's Counter-Affidavitled of record. 17~ys 1 o~ 2 Law Office of Michael D. Rentschler, P.C. Dated: MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff 1300 Market Street, Suite 200 Lemovne, PA 17043 (717) 975-9129 Supreme Court ID No. 45836 1]O~¥g 20~ 2 IN THE COURT OF COMMON PLEAS Of CUMBERLAND COUNTY STATE Of ~~ PENNA. No. ~j-~ VERSiUS DECREE IN DIVORCE , IT IS ORDERED AND ,PLAINTIFF, ,DEFENDANT, ARE dIVORCED FF:!OM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLA~IVI$ WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; PROTHONOTARY SEAN P. VILLOTT, Plaintiff/Respondent V. DEBRA G. VILLOTT, Defendant/Petitioner DR#: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3718 CIVIL TERM 1N DIVORCE DEC 31 2003 ORDER OF COURT AND NOW this ~-' day of ~'] ~ o-,--1 ,20~, upon consideration of the attached Petition for Alimony Pendente Lite and/or Counsel Fees, a Rule is issued upon Respondent to show cause, if any he has, why the relief requested should not be granted. Rule returnable g.o days after service of this Order upon Respondent by first class mail, postage prepaid. If an Answer is filed, the matter will be heard at the support appeal hearing scheduled for FdJoc~o,c~ ~'l/ ~OOq Cc: BY THE COURT, ~arylou Matas, Esquire / ,., ~ . ~ ~,'~ / AttorneyforDefendant/Petitioner , /I tMVlichael D. Rentschler, Esquire q / ~"~ Attorney for Plaintiff/Respondent l.-~ '1 ~ Q 01-0 - 0 SEAN P. VILLOTT, Plaintiff/Respondent V. DEBRA G. VILLOTT, Defendant/Petitioner DR#: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION' - LAW : NO. 02-3718 CIVIL TERM : IN DIVORCE ORDER OF COURT AND NOW this day of ,2003, upon consideration of the attached Petition for Alimony Pendente Lite and/or Counsel Fees and pursuant to Pa. R.C.P. 1920.31 (d), it is hereby directed that the spousal support Order previously in existence between the parties is converted to alimony pendente lite effective on the date of the parties' bifurcated Decree in Divorce date, with all obligations and rights additional thereto. BY THE COURT, Cc~ Marylou Matas, Esquire Attorney for Defendant/Petitioner Michael D. Rentschler, Esquire Attorney for Plaintiff/Respondent SEAN P. VILLOTT, Plaintiff/Respondent DEBRA G. COTTRELL Defendant/Petitioner DR#: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-3718 CIVIL TERM : IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE,, INTERIM COUNSEL FEES AND EXPENSES AND NOW comes Petitioner, Debra G. Cottrell, by and through her counsel of records, Marylou Matas, Esquire, and petitions the Court as follows: Your Petitioner is the above named Defendant, Debra G. CottreI1, an adult individual currently residing at 563 Grahams Woods Road, Carlisle, Cumberl sd County?. Pennsylvania. Your Respondent ~s the above named Plaintiff, SPan e. Villott, an; ~ t in~Ividt~ currently res,d~ng at 480 Mt. Airy Road, Lot 2, Lewisberry/ :~rk .~.our~ Pennsylvania. Petitioner's date of birth is July 23, 1967, and her Social Security number is 560-23-2527. Respondent's date of birth is May 22, 1969, and his Social Security number is 208-56-5812. The divorce action filed to the above docketed number in the Court of Cotmnon Pleas of Cumberland County requested a divorce based upon Section 3301(c) of the Divorce Code of 1980 as amended. Petitioner filed a Answer and Counter-Claim including her claim for Alimony, Alimony Pendente Lite, Counsel Fees, Costs and Expenses on July 29, 2003. Petitioner has employed counsel and will incur certain costs and expenses in pursuit of the aforementioned divorce action, but is without sufficient assets or income to support herself, pay for attorney's fees, or pay for the costs and expenses associated with this action. Respondent has sufficient income and earning capacity, as well as assets, to support Petitioner or to assist in supporting Petitioner, and to pay alimony pendente lite to Petitioner, as well as assist in paying her counsel fees, costs and expenses. Respondent is providing no financial assistance to Petitioner. 10. 11. Petitioner was receiving spousal support pursuant to PACSES Case Number 260100071, which was terminated by Domestic Relations upon entry of the Decree in Divorce following bifurcation. The Court retains jurisdiction of all economic claims pending, which include Petitioner's request for Alimony Pendente Lite made previously, pursuant to Order of Court, dated September 8, 2003, a copy of which is attached hereto and incorporated herein by reference as Exhibit "A". WHEREFORE, Petitioner requests you Honorable Court to enter an Order of Alimony Pendente Lite, Interim Counsel Fees, Costs and Expenses as of the date of the Decree in Divorce in this matter. Respectfully submitted, Marylo~fa~as, Esquire Attorney f°[' Defendant/Petitioner GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 SEAN P. VILLO']-I', Plaintiff/Respondent V. DEBRA G. COTTRELL, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-3718 CIVIL TERM : : CIVIL ACTION - LAW Defendant/Petitioner :IN DIVORCE PLAINTIFF'S ANSWER WITH NEW MA TTER TO DEFENDANT'S PETITION FOR ALIMONY PENDENTE LITE AND INTERIM COUNSEL FEES AND EXPENSES AND NOW, comes the Plaintiff/Respondent, Sean P. Villott, by and through his attorney, Charles Rector, Esquire, and Answers the Petition for Alimony Pendente Lite and Interim Counsel Fees and Expenses as follows: 1. Admitted. 2. Denied. Respondent is an adult individual who currently resides at 22 Mall Road, Etters, PA, 17319. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. Respondent is without sufficient information to form an opinion as to the truth of the averments contained in Paragraph 7 and the same are deemed denied. To the extent that any fur/her answer is required, Respondent believes, and therefore avers, that Petitioner is represented by counsel on a pro bono basis and has incurred no expenses or legal fees associated with this action. 8. Denied. The averments of Paragraph 8 constitute legal conclusions which require no answer and are deemed denied. To the extent that any further answer is required, Petitioner has not demonstrated a need for alimony pendente lite, counsel fees, costs or expenses inasmuch as no marital debt or assets exist to divide. Admitted. 10.Admitted. 11.Admitted. 12.Admitted. 13. Denied. Respondent is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 13 and proof thereof is demanded and the same are deemed denied. 14. Denied. Respondent is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 14 and proof thereof is demanded and the same are deemed denied. 15. Denied. Respondent is without sufficient information to form a belief as to the truth of the averments contained in Paragraph 15 and proof thereof is demanded and the same are deemed denied. 16. Denied. Respondent was first provided with a Rule Returnable dated January 7, 2004, issued by the Honorable Kevin J. Hess, following receipt by his counsel, Charles Rector, Esquire, of a faxed copy of the Rule on January 30, 2004, at 3:33 p.m. 17. Admitted. WHEREFORE, Respondent respectfully requests your H~onorable Court to deny Petitioner alimony pendente lite and, intedm counsel fees, costs and expenses as of the date of the Decree in Divorce. NEW MA TTER 18. The averments of Paragraphs 1 through 17 are incorporated herein as if set forth in full. 19. The parties were married in September 1995, and separated in June of 2001. 20. Respondent, consistent with the Order of Support provided spousal support to Petitioner from approximately June 2001 through September 8, 2003, the date of the parties' divorce. 21. There are no marital assets or liabilities which require distribution by the Divome Master. 22. Petitioner has no demonstrated "need" for alimony pendente lite, having no current expenses that require payment inasmuch as she is currently represented by counsel on a pro bono basis. 23. Notwithstanding the equivalency of spousal support and APL for purposes of computation under the Rules of Civil Procedure, a determination of entitlement in accordance with a traditional test remains a prerequisite to an award of APL. 24. Petitioner has an earning capacity but refuses to work. 25. Petit!oner is an habitual drug user, and lives rent free with her mother and step father and participates in monthly Court Ordered drug testing by Children & Youth Services as a result of her children (who have been removed from her care) testing positive for drugs. 26. Pennsylvania Rule of Civil Procedure 1910.16-5(a)(8) mandates a downward deviation at a minimum in view of the limited duration of this marriage and the previous twenty seven (27) months of spousal support paid by Respondent to Petitioner. 27. Respondent believes, and therefore avers, that any amounts of money paid to Petitioner will be for the limited purposes of her securing illegal narcotics to satisfy her drug habit. WHEREFORE, Respondent respectfully requests that your Honorable Court deny Petitioner's request for alimony pendente lite in the instant case. Date: ~/'~//~ ~ Respectfully~S ub~rni~d: C~m'le s Rect~r,(,Esquire 1104 Femwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 Attorney for Plaintiff/Respondent I verify that the statements made herein 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: CERTIFICATE OF SERVICE I, Charles Rector, Esquire, do hereby certify that on the .F day of February, 2004, I caused a true and correct copy of the within Answer with New Matter to Petition for Alimony Pendente Lite and Interim Counsel Fees & Expenses to be served upon the following counsel of record by depositing same in first class, United States mail, postage paid, in Camp Hill, Pennsylvania: Marylou Matas, Esquire Griffie & Associates 200 N. Hanover Street Carlisle, PA 17013 Date: "~/~/~'~ Charles Rectc~, Esquire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 SEAN P. VILLOTT, Plaintiff/Respondent DEBRA G. VILLOTT, Defendant/Petitioner DR#: : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02-3718 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Marylou Matas, Esquire, hereby certify that I did, the 13th day of January, 2004, cause a copy of Defendant's Petition for Alimony Pendente Lite, Interim Counsel Fees and Expenses to be served upon PlaintifFs attorney of record by facsimile and first class mail, postage prepaid and Plaintiff by first class mail, postage prepaid at the following addresses: Michael D. Rentschler, Esquire 1300 Market Street, Suite #200 Lemoyne, PA 17043 Sean P. Villott 22 Mall Road Etters, PA 17319 DATE: +lo4 M~aary~o~atas, Esqui re Attorney for Defendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717)243-5551 (800)347-5552 SEAN P. VILLOTT, Plaintiff V. DEBRA G. COTTRELL, Defendant IN THE COURT Of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 02-3718 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW APPEARANCE Please withdraw my appearance on behalf of the Plaintiff, Sean P. Viliott, in the above-captioned matter. Michael R'entsch~r, Esquire PRAECIPE TO ENTER APPEARANCE Please enter my appearance on behalf of the Plaintiff, Sean P. Villott, in the above-captioned matter. RESPECTFULLY SUBMITTED~ ~harles Rect(~, ~:.~quire 1104 Fernwood Avenue, Ste. 203 Camp Hill, PA 17011-6912 (717) 761-8101 SEAN P. VILLOTT, Plaintiff DEBRA G. COTTRELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02-3718 CIVIL TERM IN DIVORCE PRAECIPE TO THEPROTHONOTARY: Please withdraw the Petition for Alimony Pendente Lite, Interim Counsel Fees, and Expenses, previously filed in this matter. Date: Respectfully submitted, efendant GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 CC: Michael R. Rundle, Esquire Support Master Charles Rector, Esquire Attorney for Plaintiff