HomeMy WebLinkAbout95-03113
MARY ELIZABETH ATKINSON,
95-3113
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I!I OF CUMBERLAND COUNTY ~
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LEWIS E. ATKINSON,
DECREE IN
D I V 0 R C EJ/I :.,lS"G.~.
AND NOW, ..,.... /!':~. .l.'}..., 199.9...., It Is ordered and
decreed that .. MA,RY . ~L.IZABE:r~ . A:r.~~~~O.~ . , . . . . . . . . . . . . . , . . .. plaintiff_
and ".. ~~W~S..E... AT.K~NSO.N,.. . .. . . . .. . .. .. .. .. . .. . . .. .. .. " defendant,
are divorced from the bonds of matrimony.
The court retains jurisdiction of the following claims which have
been raised of record in this action for which a final order has not yet
been entered; None.
AND IT IS FURTHER ORDERED, that the terms, conditions and
COVe'rt4hts .t'let' 'forth ih.the writ teli propetty 'Sett:leme'ril:' Agreement
",~!ie .~I;l!i. .~l:Ite,X:ed.il1t;9 PY. tllO.p~r,t.iefl, 911 . .., .H,9,~,.. i1~e....,
incorporated into this Decree by refe ther to, but not
merged into this Decree.
Pn,lhnllfllary
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TUCKER ARENSBERO & SWARTZ
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PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, Mode this .. > h day of }- \,~ \, h, ,
1999, by and between LEWIS E. A TKINSON, hereinafter referredhto as "Husband",
and MARY ELIZABETH ATKINSON, hereinafter referred to as "Wife".
WITNESSETH:
and
WHEREAS, Husband and Wife were lawfully married on July 27, 1974;
WHEREAS, Wife's two children of her first marriage, namely Kelley,
born August 23, 1970 and Teague, born April 27, 1969, were adopted by Husband;
and
WHEREAS, certeln differences have arisen between the parties as a
rssult of which they hava separated and now live separate and apart from one
another, and are desirous of settling fully and finally their respective financial and
property rights and obligations as between each other, Including, without limitation
by specification: the settling of all matters between them relating to the past,
present and future support and/or maintenance of Wife by Husband or of Husband by
Wife; and In genersl the settling of any and all claims and possible clalma by one
against the other or against their respective estates for equitable distribution of all
marital property; and a resolution of all mutual responsibilities and rights growing out
of ths marriage relationship; and
WHEREAS, the parties hereto, after being properly advised by their
respective counsel, Husband by his attorney, LeRoy Smigel, and Wife by her
attorney, Sandra L. Mellton, have come to the following agreement.
NOW THEREFORE, in consideration of the above recitals and the
following covenants and promises mutually made and mutually to be kept, the parties
heratofore, Intending to be legally bound and to legally bind their heirs, successors
and anlgns thereby, covenant, promise and egree as follows:
1. SEPARATION:
It shall be lawful for each party at 011 times hereafter to live
separate and aport from the other at such placo or placos os ho or she may from time
to time choose or doem fit.
Husband's debt to Wife for taxes
paid on his behalf to IRS ($6,368.711
(subject to Wife providing verification
for said smounU
Husband
Loans to Husband from Wife
plus interost ($16,708,81)
Wife
Said outstanding joint debt to Harris Savings will be paid as set
forth below at paragraph 7.B,
6. MUTUAL RELEASE:
Subjoct to the provisions of this Agreement, each party has
released and discharged, and by this Agreement does for himself or herself, and hie
or her heirs, legal representatives, executors, administrators and sssigns, release and
discharge the other of and from sll causes of action, claims, rights or demands
whatsoever in law or equity, which eithor of tho parties ever had or now has against
the other, except any or all cause or causes of action for divorce snd except In any or
all causes of sctlon for breach of any provisions of this Agreement, Subject to the
provisions of this Agreement each party waives his or her right to alimony end
equitable distribution of property notwithstanding ths Pennsylvania "Divorce Code"
known as Act No, 26.1980 and as amended by Act No, 13.1988. Each party allo
waives his/her right to request marital counseling pursuant to 23 Pa.C,S.A, Ssotlon
3302,
7. EOUITABLE DISTRiBUTION OF MARITAL PROPERTY:
The parties have attempted to distribute their marital proporty In a
menner which conforms to the criteria sot forth in 23 Pa.C.S.A. Section 3601 11.
Hg., and taking into account the following considerations: the length of the
marriage; the fact that it Is the second marrlago for both Husband and Wife, the age,
health, station, amount and sourcos of income, vocational skills, employability,
ostate, lIabllitlos and needs of oach of the parties; the contribution of oach party to
the education, trelning or increased earning powor of the other party; the opportunity
of each party for future acquisitions of capital assets and Income; the sourcel of
Income of both parties, inclUding but not limited to medical, retirement, insurance or
other benefits; the contribution or dissipation of each party in the acquilltlon,
preservation, depreciation or appreciation 01 the marital proporty, Including the
contribution of oach spouse as a homemaker: the value of the property set apart to
each party; the standard of living of the parties established during the marriage; and
the economic clrcumstences 01 oach party at the time the division of property Is to
becoma effectlva,
Tho division of existing marital property Is not Intended by the
parties to constitute In any way a sale or exchange of assats, and the division is
being effected without the Introduction of outside funds or other property not
constituting marital property. The division of property under this Agreement shall be
In full satisfaction of 011 marital rights of the parties.
A. DISTRIBUTION OF PERSONAL PROPERTY:
Except as may be otherwise provided herein, the parties hereto
mutually agree that they hove effected 0 satisfactory division of the furniture,
household furnishings, appliancas, and othar household personal property between
them, and they mutually agree that each party shall from and after the dats hereof be
the sole and separate owner of ell such tangible personal property presently in his or
hsr possession, except as sst forth In Exhibit "A" attached hereto, which items shall
be distributed In accordance with Exhibit "A", and this Agreement shsll have the
effect of an assignment or bill of sole from each party to the other for such property
as may be In the Individual posse68lon of each of the parties hereto and os set forth
In Exhibit "A",
The parties hereto hove divided between themselves, to their
mutual satisfaction, all Items of tangibla snd Intangible marital property. Neither
party shall make any claim to any such Items of marital property, or of the separate
perlonal property of either perty, which ars now In the possession and/or under ths
control of ths other, or which property will be distributed In accordance with Exhibit
"A" attached hereto. Should It become necessary, the parties each agree to sign,
upon rsquest, any tltlel or documents necessary to give effect to this paragraph.
Property shall be deemed to be In the possession or under the control of either party
If, In the cese of tangible personal property, the Item Is physically in the possession or
control 01 the party at the time 01 the signing of this Agreement and, In the case of
Intangible personal property, If any physical or written evidence of ownership, such
as paubook, checkbook, polley or certificate of insurance or other similar writing is In
tha pOllesslon or control of the party, Except as may be otherwise provided herein,
Husband and Wife shall each be deemed to be In the possession and control of his or
her own Individual pension or other employee benefit plans or retirement benefits of
any nature with the exception 01 Social Security beneflta to which either party mey
have a vested or contingent right or Interest at the time of the signing of this
Agreement, end neither will make any claim against tho other for any Interest In such
benaflts.
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From and after the dote of the signing of this Agreement, both
parties shall hove complete freedom of disposition es to hls/her separate property and
any property which Is in their possession or control pursuant to this Agreement and
may mortgage, sell, grant, convey, or otherwise encumber or dispose of such
property, whether reel or personal. whether such property was acquired before,
during or after marriage, and neither Husband nor Wife need join In, consent to, or
acknowledge any deed, mortgage, or othar Instrument of the other pertaining to such
disposition of property.
B. DISTRIBUTION OF REAL ESTATE:
Marital Residence - The parties acknowledge that they are
the owners, as tenants by the entireties, of certain real property known as 6334
Pennsboro Drive, Mechanlcsburg, Cumberland County, Pennsylvania (hereinafter
referred to as "Marital Residence"), subject to a mortgage with Harris SaVings. The
parties sgree as follows with respect to the Marital Residence:
(1) By the close of business on Friday, March 6, 1999,
Husbsnd shall execute all documents necessary, inclUding a deed, to transfer all his
right, title and interest In the Marital Residence to Wife subject to the mortgage,
which documents shall be held in escrow by Husband's counsel and releassd to
Wife's counsel on Monday, March 8, 1999. The terms and conditions of the
exchange of documents are discussed at Paragraphs 7.B,(4), 12 and 18 below.
Thereafter, Wifs shall be the sole and sepsrate owner of the Marital Residence.
(2) By 9:00 p.m. on Sunday, March 7, 1999, Husband shall
turn over all keys to the Marital Residence and the garage door remote control opener
to either Wife or to Husband's counsel.
(3) Husband agrees that as of the date of execution of this
Agreement, any and all title policies and any other policy of Insurance with respect to
the Marital Residence shall be endorsed to reflect Wife as sole owner thereof and
further agrees that Wife shall be entitled to receive any payments now or hereafter
due under any such Insurance policies.
(41 Except as otherwise provided herein, commencing on the
execution date of this Agreement, Wife shall be solely responsible for all costs,
expenses and liabilities associated with or attributable to the Marital Residence
regardless of when the some shall have been Incurred Including, but not limited to,
mortgage, taxes, Insurence premiums and maintenance and Wife shall keep Husband
and his property, successors, assigns, heirs, executors and administrators Indemnified
and held harmless from any liability, costs or expense including attorney's fees,
which may be Incurred in connection with such liabilities and expenses or resulting
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from Husband's ownership Interest in seid property. Wife sholl, within one hundred
twenty (120) days of the dote of execution of this Agreament, toke all steps
necessary to apply to obtain a new mortgaga on the property so os to have Husband
completaly and fully released of any and 011 liability he has on the mortgage.
(61 As e condition precedent to the fulfillment 01 the other
terms of this Agreement, Husband must vecote the Marital Residence no later than
9:00 p,m, on March 7. 1999 and toke with him 011 01 his clothing, the Items listed
on Exhibit" A", In the evant that the Marital Resldenca is damagad in any way by
Husband's removal of the Items on Exhibit "A" or his clothing or generally by his
departure Irom the real estate, Husband shall ba responsible for payment of sll
costs Incident to repair of those items.
C. TAX LIABILITY:
The parties believe and agree that tho division of property
heretofore modo by this Agreament is 0 non-taxable division of property between
co-owners rather than a taxabla sole or axchange of such property. Each party
promises not to taka any position with respect to the adjusted basis of tho property
assigned to him or her or with respect to any other Issue which Is Inconsistent with
the position set forth In the preceding sentence on his or her Federal or State Income
tax returns.
8. PENSION AND RETIREMENT PLAN:
Husband shall retain his pension with Tracor and his Tracor 401K,
and Wife agrees to wolve all of her right, title and Interest to same and to sign any
snd all documents necessary to enforco this provision,
Wife shall retain hor pension with her employor. Cumberland
Valley School District, and her IRA account No, OUZ-8 14833-43, with Prudential and
Husband agrees to wolve all 01 his right. title and Interest to samo and to sign any
and all documents necessary to onforce this provision.
9, MQNI;\LMAfiKfIACCOI,lli~AIES OF DEPOSIT:
Husband hereby waives all of his right, title and interost In the
Money Market account (Account No. 8860013791) and any and all Cortlllcllt.. of
Deposit or proceeds therelrom held during the marriage at Mellon Bonk and I
Certlficato of Deposit at Commerce Bank In Wile's name alone llnd Bgrees to sign any
and 011 documents necessary to enforco this provision,
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10, MOTOR VEHICLES:
With respect to the motor vehicles owned by one or both of the
parties, they agree as follows:
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(al the 199,8 Lexus and the proceeds from the trade In
of the Nlssan Maxima shall become the sole and exclusive property of Wife free and
clear of all liens and encumbrances. Husband shall waive all right, title and Interest to
samei
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(b) the 191 Ford Taurus and the proceeds from the
trade In of the 19_ Nissan 200SX shal become the sole and exclusive property of
Husband and Wife waives all right, title and Interest to same; and
(c) the titles to the said motor vehicles shell be
executed by the parties, If appropriate for effecting transfer as herein provided, on
the date of execution of this Agreement and the said executed title shall be delivered
to the proper pertles on the distribution date.
11, CONTENTS OF MARITAL RESIDENCE:
Husband specifically waives his right, title and Interest to all of
the contents of the Marital Residence with tha exception of his clothing and the Items
listed on the Exhibit "A" attached hereto.
12. CASH PAYMENT:
The parties acknowledga that on February 24, 1999, Wife,
through her counsel, provided funds In the amount of $135,000.00 to Husband's
counsel for deposit In the escrow account entitled "Atkinson Escrow Account",
Account No, 617501293 at Commerce Bank, Said account requires the two
slgnstures of LeRoy Smigel and Sandra L. Mellton for any withdrawals from said
account. By the signing of this Agreement, Wife authorizes Mrs. Mellton to release
the $135,000.00 (plus all interest accruing on said account from the date of opening
of said account to the date of the check) to LeRoy Smigel, attorney for Husband, on
Monday morning, March 8, 1999 provided that all of the other terms of this
Agreement have been satisfied. The check to Mr, Smigel shell be made payable to
Lewis E, Atkinson and LeRoy Smigal, attorney for Lewis E, Atkinson, Simultaneous
with the release of the check to Mr. Smigel, Mr, Smigel shall release the signed and
notarized deed for the Marital Residence to Mrs. Meilton, all keys to the Marital
Residence and garago door romote control oponer if sarno were not delivered directly
to Wife by Husband.
13. McKEAG TRUST:
Tho parties acknowledge that Wife Is a beneficiary in the George
McKeag Estate. Husband horeby walvos any and 011 Interest he may have to Wife's
rights under sold Trust, Including, but not limited to, Interest In principal. Interest,
appreciation in value before, after or during the marriage.
14. ALIMONY:
Both partlas acknowledge end agree that the provisions of this
Agreement providing for equitable distribution of marital property are fair, adequate
and satisfactory to them and are accepted by them In lieu of and In full and final
settlement and satisfaction of any claims or demands that either may now or
hereafter have against the other for support, maintenance or alimony. Husband and
Wife further, voluntarily and Intelligently welve and relinquish sny right to ssek from
the othar any payment for support or alimony.
15, ALIMONY PENDENTE LITE. COUNSEL FEES. AND EXPENSES:
Husband and Wife acknowledge and agree that the provlslonl of
this Agreement providing for the equitable distribution of merltel property of the
pertles are fair, adequate and satisfactory to them. Both parties agree to sccept tha
provisions set forth In this Agreement In lieu of and in full and final settlsment and
satisfaction of all claims and demands that either may now or hereafter have agalnlt
the other for alimony pendente lite, counsel fees or expenses or any other provision
for their support and maintenance before, during and after the commencement of any
proceedings for divorce or annulment between the parties.
16. INCOME TAX PRIOR RETURNS:
The parties have heretofore filed joint federal and state tax
returns. Both parties agree thet In the event any doficlency In federal, state or local
Income tax Is proposed, or any assessment of any such tax Is made against either of
them, each will Indemnify and hold harmless the other from and against any 1011 or
liability for any such tax deficiency or essessment and any Interest, penalty and
expense incurred in connection therewith. Such tax, Interest, ponaltv or expanse
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sholl be paid solely end entirely by the indivlduel who is finally determined to ba the
cause of the misrepresentations or failures to disclose the nalure and extent of his or
her separate Income on the aforesaid joint returns.
17. WAIVERS OF CLAIMS AGAINST ESTATES:
Except as herein otherwise provided, each party may dispose of
his or her property in any way, and each party hereby waives and relinqUishes any
and all rights he or she may now have or hare aft or acquire, under tho present or
future laws of any jurisdiction, to shore in the property or the estate of the other os a
result of the marital relationship, including without limitation, dower, curtesy,
statutory allowance, widow's allowance, right to take in Intestacy, right to take
against the will of the other, and right to act as administrator or executor of the
other's estate. Each will, at the request of the other, execute, acknOWledge and
deliver any and all instruments which may be necessary or advisable to carry Into
effect this mutual waiver and relinquishment of all such Interests, rights and claims,
1 B, MUTUAL CONSENT DIVORCE:
The parties sgree and acknowledge that their marriage Is
Irretrievably broken, that they do not desire marital counseling, and that they both
consent to the entry of a decree In divorce pursuant to 23 Pa.C.S.A. Section
3301(c). Accordingly, both parties agree to execute such consents, sffidavits, or
other documents necessary to promptly proceed to obtain a divorce pursuant to said
23 Pa,C,S.A. Section 3301(c), Sold affidavits and waivers shall be signed by closs
of business on March 5, 1999 and must be signed before the release of the daed to
the Marital Residence to Wife or the release of the $135,000 (plus Interest! check
referenced In Paragraphs 7.8.(1), 7.8.(2) and 12 hereof. Husband's counsel shall
retain Husband's affidavit and waiver and Wife's counsel shall retain Wife's affidavit
and waiver. Husband's signed documents shall be released to Wlfs's counsel on
March B, 1999 at the time of the exchange of other documents, $136,000 (plus
Interest) check, keys to the Marital Residence and garage door remote control opener
referenced In Paragraphs 7,8.(1), 7.8,(21 and 12 so that Wife's counsel may promptly
finalize the divorce ection commenced by Wife against Husband, To the extent
permitted by law and the applicable Rules of Civil Procedure, the named dafendant In
such divorce action sholl execute any waivers of nolice or other waivers necessary to
expedite such divorce.
It Is the intention of the parties that the Agreement shall survive
any action for divorce which may be instituted or prosecuted by either party and no
order. judgment or decree of divorce. temporary. final or permanent, shall affect or
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modify the financial terms of this Agreement. This Agreement shell be Incorporated
In but sholl not merge Into any such judgment or decree of final divorce, but shall be
Incorporated for the purposes of enforcement only,
19. BREACH AND ENFORCEMENT:
If either party breaches any provision of this Agreement, the
other party sholl hove the right, at his or her election, to sue for damages for such
breach, or seek such other remedies or relief as may be available to him or her, and
the party breaching this Agreement shall ba responsible for payment of legal fees and
costs Incurred by tho othar In enforcing his or her rights under this Agreement.
A. It Is expressly understood and egreed by end between the
parties hereto that this Agreement may be specifically enforced by either Husband or
Wife In Equity, and the parties hereto agree that If en action to enforce this
Agreement Is brought In Equity by either party, the other party will make no objeotlon
on the alleged ground of lack of jurisdiction of said Court on the ground that there Is
an adequate remedy at law, The parties do not Intend or purport hereby to
Improperly confer jurisdiction on a Court In Equity by this Agreement, but they agree
ss provided herein for the forum of equity In mutual recognition of the present state
of the law, and In recognition of the general jurisdiction of Courts In Equity over
agreements such as this one,
B. Notwithstanding anything to the contrary herein, Husband snd
Wife may also proceed with en action at law for redress of his or her rights under the
terms of this Agreement, and In such event It Is specifically understood and agreed
that for and In specific consideration of tho other provisions and covenants of this
Agreement. each shall waive any right to a jury trial so as to expedite tha hearing and
disposition of such case and so as to avoid delay,
C. Each party further hereby agrees to pay and to save and hold
harmless the other party from any and all attorney's fees and costs of litigation that
either may sustain, or Incur or become liable for, in any way whatsoever, or shall pay
upon, or In consequence of any default or breach by the other of any of the terms or
provisions of this Agreement by reason of which either party shall be obliged to retain
or engage counsel to Initiate or maintain or defend proceedings against the other at
law or equity or both In any way whatsoever; provided that the party who seeks to
recover such attorney's fees. and costs of litigation must first be successful In whole
or In part, before there would be any liability for attorney's fees and costs of
litigation, It Is the specific agreement and intent of the parties that 0 breaching or
wrongdoing party shall bear the burden and obligation of any and all costs and
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expenses and counsel fees incurred by himself or herself as well as the other party in
endeavoring to protect and enforce his or her rights under this Agreement,
20. ADDITIONAL INSTRUMENTS:
Each of the parties shall from time to time, at the request of the
other, execute, acknowledge and deliver to the ether party any and all further
Instruments that may be reasonably required to give full force and effect to the
provisions of this Agreement.
21. TAX ADVICE:
Both parties hereto hereby acknowledge and agree that they have
had the opportunity to retain their own accountants, certified public accountants, tax
advisor, or tax attorney with reference to the tax Implications of this Agreement.
Further, neither party has been given any tax advice whatsoever by their respeotlve
attorneys. Further both parties hereby acknowledge that they have been advised, bV
their respective attorneys, to seek their own Independent tax advice by retaining sn
accountant, certified public accountant, tax attorney, or tax advisor with referenoe to
the tax Implications Involved In this Agreement. Further, the parties acknowledge
and agree thst their signatures to this Agreement serve as their acknowledgment that
they have read this particular paragraph and have had the opportunity to leek
Independent tax advice.
22. VOLUNTARY EXECUTION:
The provisions of this Agreement and their legal effect havs been
fully explained to the parties by their respective counsel, and each party
acknowledges that the Agreement is feir and equitable, that it is being entered Into
voluntarily, with full knowledge of the assets of both parties, and that It Is not the
result of any duress or undue Influence. The parties acknowledge that they have
been furnished with all Information relating to the financial affairs of the other which
has been requested by each of them or by their respective counsel.
23, ENTIRE AGREEMENT:
This Agreement contelns the entire understanding of the parties
and there are no representations, warranties, covenants or undertakings other than
those expressly set forth herein. Husband and Wife acknowledge and agree that tha
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provisions of this Agreement with respect to the distribution and division of marital
and separate property are fair, equitable and satisfactory to them based on the length
of their marriage and other relevant factors which have been taken Into consideration
by the parties. Both parties hereby accept the provisions of this Agreement with
respect to the division of property In lieu of and in full and final settlement and
satisfaction of all claims and demands that they may now have or hereafter have
against the other for equitable distribution of their property by any court of
competent jurisdiction pursuant to 23 Pa.C.S.A. Section 3601 ill. l!.!!Q., or any other
laws, Husband and Wife each voluntarily and Intelligently waive and relinquish any
right to seek a court ordered determination and distribution of marital property, but
nothing herein contained shall constitute 0 waiver by either party of any rights to
seek the relief of any court for the purpose of enforcing the provisions of this
Agreement.
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24. DISCLOSURE:
Each of the parties hereto acknowledges that he or she Is aware
of his or her right to seek discovery, Including but not limited to, written
Interrogatories, motions for production of documents, the taking of oral depositions,
Ihs filing of Inventories, and all other means of discovery permitted under the
Pennsylvania Divorce Code or the Pennsylvania Rules of Civil Procedure. Each of the
parties further acknowledges that he or she Is aware of his or her right to heve the
real and/or personal property, estate and assets, earnings and Income of the other
assessed or evaluated by the Courts of this Commonweelth or sny other Court of
competsnt jurisdiction, Each party agrees that any right to further disclosure,
veluatlon, enumeration or statement hereof In this Agreemant Is hereby specifically
waived, and the parties do not wish to make or append hereto any further
enumeration or statement. The parties hereby acknowledge and agree that the
division of the marital aS5ets as set forth In this Agreement Is fair, reasoneble snd
equitable, and 15 satisfactory to them. Each of the parties hereto further covenants
and agrees for himself and herself and his or her heirs, executors, administrators or
assigns, that he or she will never at any time hereafter sue the other party or his or
her heirs, executors, administrators and assigns In any action of contention, direct or
Indirect, snd allege therein that there was a denial of any rights to full disclosure, or
that there was any fraud, duress, undue Influence, or that there wss a failure to have
available full, proper and Independent representation by legal counsel.
26. MODIFICATION AND WAIVER:
A modification or waiver of any of the provisions of this
Agreement sholl be effective only if mode in writing and executed with the same
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formality as this Agreement. The failure of either party to insist upon strict
performance of any of the provisions of this Agreement shall not be construed as a
waiver of any subsequent default of the same or similar nature.
26. PRIOR AGREEMENT:
It Is understood and agreed that any and all property settlement
agreements which mayor have been executed prior to the date and time of this
Agreement are null and void and of no effect.
27, DESCRIPTIVE HEADINGS:
The descriptive headings used herein are for convenience only.
They shall have no effect whatsoever in determining the rights or obligations of the
parties,
28. INDEPENDENT SEPARATE COVENANTS:
It Is specifically understood and agreed by and between the
parties hereto that each paragraph hereof shall be deemed to be a separate and
Independent covenant and egreement.
29, APPLICABLE LAW:
This Agreement shall be construed under the laws of the
Commonwealth of Pennsylvania.
30, VOID CLAUSES:
If any term, condition, clause or provision of this Agreement ,hili
be determined or declared to be void or Invalid In law or otherwise, then only thlt
term, condition, clause or provision shall be stricken from this Agreement snd In III
other respects this Agreement shall be valid and continue In full force, effect Ind
operation.
lJ
31. AGREEMENT BINDING ON HEIRS:
This Agreement shall be binding end shall inure to the benefit 01
the parties hereto and their respective heirs, executors, administrators, successors,
and assigns,
IN WITNESS WHEREOF, the parties horoto have set their Hands and
Seals the dav and voar IIrst above written.
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Marv Eliza eth Atkinson
lliiAL)
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF T'J(~(A' H 11\ j
SS:
On this. the
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, 1999, before
me, a Notary Public, the undersigned officer, personally appeared Lewis E. Atkinson,
known to me (or satisfactorily proven) to be the person whose name is subscribed to
the foregoing Property Settlement Agreement and acknowledged that he executed
the same lor the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand snd official seal.
J('_k~. ~
Notary pu~c ')
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Nolarlll SNl
Vlollv L. Fill, ~ Publlo
H.~, p.IlIJI1Irj Cowlly
My CommluIci1 Ellp/... Dee, &, 2002
Mlfllbor. f'lnnlytvlllil "'_110/1 01 Nota""
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF ~r..u.rhl'n
SS:
On this, the S 4 h
day of --.fj <l.rl'..h
, 1999, before
me, a Notary Public, the undersigned officer, personally appeared Mary Elizabeth
Atkinson, known to me (or satisfactorily proven) to be the person whose name Is
subscribed to the foregoing Property Settlement Agreement and acknowledged that
she executed the same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
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No ary P bile '
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Exhibit "A"
Husband shall retain the following Items from the marital residence:
Garace
Treadmill
Mountain bike
Rollerblades
Golf cart
Famllv Room
Photos
white water rafting with the Thompsons
white water rafting with the Wrlghts
20 x 24 enlargement of Lew skIIng
. small photo of Lew and Betsy at Hilton Head
one-half of all family photos in the photo albums (Betsy's dlscretlonl
Large German beer stein
Chess boerd and pieces
Hofbrauhaus beer mug
UGA beer stein
Books
. In Search of Excellence
All books on running
Merck Msnual
Executive Success
How to Succeed es an Independent Consultant
Compact Discs
Linda Ronstadt
Gloria Estefan
Others at Betsy's discretion
Mester Bedroom
All Low's clothing
Studv
All books on loft side of bookcase (epproxlmately 40)
Small framed photo of family (50'" birthday gilt)
Golf trophies
PS & UGA national championship soda bottlos
GA boor mug and GA mascot photo
Small motol boor stain and sailboat sculpture
Kellev's formor bedroom
Old stereo
Basement
Child's school dusk end chair
Mlscsllanoous cooking ware (In four small plastic bags)
Poker table
Ping-Pong tablo
Kelley's old bike
One of two sleds
Old rocking chair
Two old plastic patio chairs
Small mahogany end table
Old record album/bookcase
Old small maple corner desk
Small TV table
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IN TilE COURT OF COHl'lON PLEAS OF
CUMBERl.AND COONTY, l'ENNSYLVANIA
MARY ELI ZADETH A'rKINSON,
NO, 95-3113 CIVIL,
19
vs.
LEWIS E.. ATKINSON,
PRAECIPE TO TRANSMIT RECORD
To the Prothonotaryl
Transmit the record, together with the following information, to the court
for entry of a divorce decree I
1. Ground for divorce I irretrievable breakdown under Section t0Ql(1K)O 330l (c)
l(1l~x~ of the Divorce Code.
(Strike out inspplicable section.)
2. Date and manner of service of the complaint I
June 24, 1995, certified mail
3. (Complete either paragraph (a) or (b) .)
and waiver form
(a) Date of execution of the affidavit of conaen~required by Section
330l
"'(c) of the Divorce Codel by the plaintiff
by defendant 3/5/99
(b) (1) Date of execution of the plaintiff'a affidavit required by
3/5/99
Section 201(d) of the Divorce Codel
(2) date of aervice of the plaintiff'e affidavit upon the defendant I
4. Related claims pendingl__ None.
,
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MARY ELIZABETH ATKINSON,
Plaintiff
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. 7.r. .3 II!> (?<-t~ (. ,JL'--1'Y'--'
LEWIS E. ATKINSON,
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. 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 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,
1 Courthouse Square, Carlisle, PA 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 HELP.
Lawyer Referral Service
Court Administrator
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013
~tVa.. ';(C:--J1t./ /~ ./
Sandra L. M;i'lton; Esquire
HEPFORD, SWARTZ , MORGAN
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
.
,
MARY ELIZABETH ATKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
NO. q \: 311 J C~vJ 7;'-
IN DIVORCE
v.
LEWIS E. ATKINSON,
Defendant
COUNT II
COMPLAINT UHDIR 81CTION 3301(0)
or THI DIVORCI CODI
1. Plaintiff is Mary Elizabeth Atkinson, an adult
individual who is sui juris and resides at 6334 Pennsboro Drive,
Mechanicsburg, Cumberland county, pennsylvania.
2. Defendant is Lewis E. Atkinson, an adult individual
who is sui juris and resides at 6334 pennsboro Drive,
Mechanicsburg, cumberland county, Pennsylvania.
The present
whereabouts of the Defendant, Lewis E. Atkineon, to the knowledge
of the Plaintiff, is the same.
3. Both Plaintiff and Defendant have been bona fide
residents in the Commonwealth of Pennsylvania for at least six (6)
months immediately previous to the filing of this complaint.
4. The Plaintiff and LJefendant were married on July 27,
1974, in Pitman, Gloucester county, New Jersey.
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5. There have been no prior actions of divorce or for
annulment between the parties.
6. 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. The Defendant is not a member of the Armed Services
of the United states or any of its Allies.
B. The Plaintiff avers that the ground on which the
action is based is that the marriage is irretrievably broken.
WHEREFORE, Plaintiff requests the Court to enter a
Decreel
A. Dissolving the marriage between Plaintiff and
Defendantl and
B. For such further relief as the Court may determine
equitable and just.
COUNT II I
EQUITABLE DISTRIBUTION
9. Count I of the Complaint is incorporated herein by
reference thereto.
~
10. The parties ara ownorn of marital property subject
to equitable distribution.
11. Plaintiff roquontn tho Court to equitably divide,
distribute or assign tho mar ita 1 pI'oporty between the parties
without regard to marital mlaconduot in such proportions as the
Court deems just after oonsideration of all relevant factors.
WHEREFORE, Plaintiff rospootfully requests the Court to
enter an Order of equitabls dintributlon of marital property
pursuant to Section 3501, fu IUl.lh of tho Divorce Code.
I
re
HIPrORD, SWART. , MORGAN
III North Front street
P.O. Box BB9
Harrisburg, PA 1710S-0BB9
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
VERIFICATION
.,
1
,
I, Mary Elizabeth Atkinson. acknowledge that the facts
stated in the within document are true and correct to the best of
my knowledge, information and belief.
I understand that any false statements herein are made
subject to the penalties of 18 Pa.C,S. Section 4904 relating to
unsworn falsification to authorities.
'-JJ1(##;t~~ aM~
Mary E za et At nson
DATED a 5-.s0 - c;:;-
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MARY ELIZABETH ATKINSON,
PLA I NTI FF
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 95-3113
LEWIS E, ATKINSON,
DEFENDANT
CIVIL ACTION - DIVORCE
AFFIDAVIT OF CONSENT AND WAIVER OF COUNSELING
1. A Complaint in Divorce under S3301(c) of the Divorce Code wae
filed on June 9, 1995.
2, The marriage of Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing and
service of the Complaint.
3. I consent to the entry of a final Decree of Divorce after
service of notice of intention to request entry of the decree.
I verify that the statements made in this Affidavit are true and
correct, I understand that false statements herein are made subject
to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification
to authori ties.
Datel
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LEWIS E. ATKINSON, DEFENDANT
S.S. . l36-32-9BBJ
U06.1.4/W.Uvel of Nollce/AVL/kb..llM.uch Ij, 1999
MARY ELIZABETH ATKINSON,
PLAINTIFF
v.
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3113
LEWIS E. ATKINSON.
DEFENDANT
CIVIL ACTION - DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCB DECREB UNDER
SECTION 3301(0) OF THE DIVORCE CODE
1. I consent to 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 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. Section 4904 relating to unsworn
falsification to authorities.
Datel
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LEWIS E, ATKINSON. DEFENDANT
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MARY ELIZABETH ATKINSON,
Plaintiff
IN THE COUR'1' OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO. 95-3113
LEWIS E. ATKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS:
COUNTY OF DAUPHIN
AND NOW, this 4th day of August, 1997, personally appeared
before me, a Notary Public in and for the aforesaid Commonwealth
and County, Shaun M, Kovach, secretary to Sandra L. Meilton, who
being duly sworn according to law, deposes and says that on
June 14, 1995, a certified copy of a Complaint in Divorce was
mailed by certified mail no. Z 321 397 574, (re.trioted
delivery), return receipt requested, to Lewis E. Atkinson, 6334
Pennsboro Drive, Mechanicsburg, PA 17055, and the same was
received by him on June 24, 1995 as indicated by the return
receipt card which is attached hereto,
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Kovac
Sworn to and subscribed
before me this 4th day
1lf Au ust, 1997,
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Nota
(SEAL)
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Receipt for
Certified Mill
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MARY ELIZABETH ATKINSON, I IN TilE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PA
I
v. I NO. 95-3113
I
LEWIS E. ATKINSON, I
DEFENDANT I CIVIL ACTION - DIVORCE
I, LeROY SMIGEL, ESQUIRB, Attorney for Defendant, do hereby
certify that on the
I llll
/ day of July, 1995, I served the original
First Set of Interrogatories addressed to Plaintiff in the above
captioned matter, by depositing same in the United States Mail, first
olass, postage paid, addressed as followsl
SANDRA L. MBILTON, ESQUIRI
HBPrORD, SWARTS . MORGAN
111 North rront Street
Harri.burq, PA 17101
BYI
SMIGEL, ANDERSON & SACKS
.oRo'libb
J.D. 109617
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
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MARY ELIZABETH ATKINSON, I IN THE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PA
I
v. I NO. 95-3113
I
LEWIS E. ATKINSON,
DEFENDANT . CIVIL ACTION - DIVORCE
.
TOI NARY ELIZABETH ATKINSON and
SANDRA L. NEILTON, ESQUIRE
ANSNERS TO
Demand is hereby made by the Defendant of the Plaintiff tor
anewers, under oath or certification, to the following Interrogatories
within the time and in the manner prescribed by the rules of this Court.
You are required to file answers to the following Interrogatories within
thirty (30) days after service upon you pursuant to Pa.R.C.P.
1920.22(b), 4005 and 4006.
NOTE I
Questions concerning marriage, children and marital
otfenses are with relation to other party of this suit, unless otherwi..
indicated.
There interrogatories shall be deemed to be continuing 10 as
to require supplemental answers if the Plaintiff obtains additional
information from the time the answers are served to the time of trial.
INSTRUOTIONS AND DEfINITIONS
Answer every Interrogatory. No question is to be left blank.
If the answer to an Interrogatory is "none" or "unknown", euch statement
must be written in the answer. If the question is inapplicable, "N/A"
mUBt be written in the anBwer.
Whenever a date, amount or other computation or figure i.
reque.ted, the exact date, amount, computation or figure is to be qiven
unles. it i. unknown. If so, give the best estimate or approximation
thereof and note that such answer is an estimate or approximation.
The term "document" means any written, printed, typed or other
qraphic matter of any kind or nature, however produced or reproduoed,
whether .ent or received or neither, inoludinq draft. and copieR b.arinq
notation. or mark. not found on the original.
The term "income" i.
defined a. income benefits, caah and non-ca.h, from whatever 80urce
derived. Income includes, but is not limited to hourly, average weekly
or annual salary/ wageR/ commissions, overtime pay/ bonuses/ qratuitie./
paid holidays/ legal services benefits or the like; eick pay/ vacation
pay/ life, medical, dental and/or hoepital inaurance or insuranoes/
expen.e or other
compensation accounts
and allowance.
for
tran.portation, meals, entertainment and housing/ the provision to you
of an automobile; any other accommodations and expenses for which any
person or entity reimburses you/ payments on a regular or irregular
buiR from the Sooial security Adminiatration, the federal or state
qovernment, any ineurance company or any other agency or entity/
inheritances; winning. from gambling or lottery prizes, bank interest/
I dividend., lea.e and rental earnings; patent, copyright, trademark or
11,1
royalty rights; or componaation of any other nature.
- 2 -
1. List and attach copies of all life insurance policies in
which you are the owner, insured, and/or beneficiary, and for each
please state!
I do not have possession of a copy of the
point in time.
.. The identity of the insurance company
number! Educators Mutual Life
policy at th s
and policy
B. Face amount!
$110,000
c. Identity of the owner, insured and beneficiary and
any relationship to youl
Owner - Mary E. Atkinson - self
Beneficiary - Lewis E. Atkinson - husband
D. Whether the beneficiary designation has been changed
during the last three (3) years and, if 80, describe all such changes!
Cumberland
unknown I .
per pay.
n/a
I. Annual premiums and the payor I
Valley School District pays for $75,000 of coverage (premiu
I pay for $30,000 of coverage the cost of which is $2.85
r. The present cash surrender value.
None.
Mf..IRI
- 3 -
a. If you have been named as a beneficiary, legatee or heir
in any estate of any decedent at any time during the past ten (10)
years, of if you have an expectancy to reoeive an inheritance or any
other assets from any estate at this time, provide the identity and date
of death of the decedent and your relationship to the decedent, the
identity of the personal representative of the estate, the amount of the
expectancy or inheritance you have received or expect to receive, and
the county and state in which letters of administration or letter.
testamentary have been issued or will be issued.
AII..IR,
Decedent - George MoKeag
D.O.D. - June 2, 1992
Relationship - Father
Personal Representative - Mellon Bank, Philadelphia
I am not certain as to whether my brother and/or I have
any role in the administration of the estate.
Amount of Expectancy - Approximately $300,000
Letters of Administration - Issued in Delaware County
- 4 -
J. Identify and describe all real estate in which you have
an interest and for each property etate the deed book reference, the
purchase price, the mortgage book reference and amount of any mortgagss,
the current market value, the identity of any and all co-owners, and the
nature of the interest each owner, including yourself, has in the
property.
0..111
Real estate lucated at 6334 Pennsburo Drive, Mechanicsburg,
Cub-erland Cuunty, Pennsylvania
Mortgage - lIarris Savings - approximately $l05,OOO
Market Value - Estimated at $lB5,000 - $l95,OOO
ownership - Lewis E. Atkinsun and Mary E. Atkinson as tenants
by the entiroties
- II -
.. Please list all assets of any nature whatsoever, marital
and/or non-marital, which are owned, possessed or controlled by you
individually or jointly with any other person(s) or entity(ies) or by
another for you in trust or for your benefit, or in which you claim to
have an interest of any nature whatsoever, at this time or at any time
during the preceding five (5) years. For each asset, please provide the
date of acquisition, purchase price or acquisition value, present cash
value and the nature and amount of any debt or encumbrance.
Identify and state your relation, if any, to any person
or persons who hold any of the above assets jointly with you or share in
any way in the ownership or control of those assets with you.
AM.....
See attached sheet.
- 6 -
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:I: E-< H UO :I: nl :I: II: .-I ~""nl .,
50 If at any time during the three (3) years immediately
preceding the filing of this action of divorce, or at any time since the
filing of this action, you have placed any gifts or assets of any nature
or type whatsoever into the possession, ownership, care, control, name,
title or custody of any other person, company or entity, provide I
A. A complete description of the items, assets of
interests, including a reference to any applicable account or
certificate numbers, title numbers, policy numbers, registration
numbers, serial numbers, brand designations or the like;
eo The identity of the transferee and your relationship
thereto;
Co Its value on the date of transfer and on the date of
separation, stating the date of transfer and the consideration which was
received, if any;
Do The disposition of the proceeds.
AN.W"I
I gave $10,000 to my daughter, Teague, and my sone-in-law,
Rob, in March of 1995.
- 7 -
1
to If you have made formal and written application for a
loan or for credit from any person, company or entity during the pa.t
five (5) years, identify the person, company or entity to whom euch
application or statements were furnished or supplied, and identify and
attach copies of all such financial statements or application..
AMI..RI
To the best of my recollection, the only formal application
for a loan or credit mady by me during the last five (5) year
period was in connection with my effort to purchase a car. Th
application was handled by the dealership and credit was
denied. I do not have a copy of the credit application.
- B -
IIEPI'ORD, SWAH'l'Z & MORGAN
Y/f'/f., ';-
.
Datel
UYI ... '/I?I,.,I..
nndra L. Me 1 un, EBqU re
III Nurth Front Stroet
P.O. BOX BB9
lIarr lBburg, PA l7l0B-OBB9
(7l7~ 234-4121
ATTORNEYS FOR PLAINTIFF
SMIGEL, ANDE
Datel
1 h krr
BYI
L.aoy IKIO L,
1.0. 109617
AKN V. LIVIH, ligula.
I.D. #702511
2917 North Front street
Harrieburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
- II -
VERIFICATION
I, the undersigned,
Marv Elizabeth Atkinson
acknowledge that the facts stated in the foregoing Answers to
Interrogatories are true and correct to the best of my knowledge,
information and belief.
I understand that any false statements herein ure made subject
to the penalties of lB Pa. C.S.A. section 4904 relating to unsworn
falsification to authorities.
<-1rz~f. ~/J1-n~
Mary Eliza th Atk nson
Dated I
CJ- t- 'IS-
- lO -
MARY ELIZABETH ATKINSON, I IN THE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PA
I
v. I NO. 95-3113
I
LEWIS E. ATKINSON, I
DEFENDANT I CIVIL ACTION - DIVORCE
I, LeROY SMIOEL, ESQUIRE, Attorney for Defendant, do hereby
rfrA
certify that on the I day of July, 1995, I served the original
First Set of Interrogatories addressed to plaintiff in ths above
captioned matter, by depositing same in the United States Mail, first
class, postage paid, addressed as folloWSI
SANDRA L. MEILTOM, ESQUIRE
HEPfORD, SWARTS I MOROAN
111 Morth Front street
Harrisburg, PA 17101
BYI
SMIGEL, ANUERSON & SACKS
....'/ibf:.t:;
1.0. #09617
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
- 11 -
CERTIFICATE OF SERVICE
AND NOW, this (p'iJJ day of (" ') J ~, ". 1:1, ,"' , 1995, I,
, .,
Sandra L. Meilton, Esquire, for the firm of Hepford, Swartz &
Morgan, hereby certify that I have this day served a copy of the
within document, by mailing same by first class mail, postage
prepaid, addressed as followSI
LeRoy Smigel, Esquire
2917 North Front Street
Harrisburg, PA 17110
Ld"-~-ti-vu
-'Sandra L. Me 1 t n
- 12 -
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MARY ELIZABE'I'II A'I'KINI30N,
Plaintiff
IN 'I'IIE COURT OF COMMON PLEAS
DAUPIIIN COUNT'l, PENNSYLVANIA
v.
NO. 95-3113
LEWIS E. ATKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
INVENTORY AND APPRAISEMENT
OF
MARY E. A'I'I(I NSON
I, Mary E. Atkinson. file the following inventory and
appraisement of all property owned or possessed by either party
at the time this action was commenced and all property
transferred within the preceding three years.
I verify that the statements made in this inventory and
appraisement are true and correct. 1 understand that false
etatements herein are made subject to the penalties of 18 Pa.C.S.
84904 rslating to unsworn falHification to authorities.
_~)jllIA(,' 1 !2th1t.~__
Mary E. A klnson
ASSETS OF PARTIES
plaintiff marks on the list below those items
applicable to the case at bar and itemizes the assets on the
following pages. If an item has been appraised, a copy of the
appraisal report is attached.
(X) 1. Real property
(X) 2. Motor vehicles
( ) 3. stocks, bonds, securities and options
(X) 4. Certificates of deposit
(X) 5. Checking accounts, cash
(X) 6. savings accounts, money market and savings
certificates
( ) 7. Contents of safe deposit boxes
( ) 8. Trusts
( ) 9. Life Insurance policies (indicate face value, cash
surrender value and current beneficiaries)
( ) 10. Annuities
( ) 11. Gifts
(X) 12. Inheritances
( ) 13. Patents, copyrights, inventions, royalties
( ) 14. Personal property outside the home
( ) 15. Businesses (list all owners, inclUding percentage
of ownership, and officer/director positions held
by a party with company)
( ) 16. Employment termination benefits - severance pay,
workman's compensation claim/award
( ) 17. Profit sharing plans
(X) 18. Pension plans (indicate employee contribution and
date plan veste)
(X) 19. Retirement plans, Individual Retirement Account.
( ) 20. Disabil i ty payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. Military/V.A. benefits
( ) 23. Education benefits
(X) 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personalty (include as a
total category and attach itemized list if
distribution of such assets is in dispute
( ) 26. Other
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LIABILI'l'IES or I'All'l'IES
Plaintiff marks on the list below those items
applicable to the case at bar and itemizes the liabilities on the
following pages.
Secured
(X)
(
( )
( )
1. Mortgages
2. Judgments
3. Liens
4. other secured liabilities
Unsecured
(X)
( )
( )
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5. Credit card balances
6. Purchases
7. Loan paymsnts
8. Notes payable
9. Other unsecured liabilities
continaent or Deferred
( ) 10. Contracts or Agreements
( ) 11. Promissory notes
( ) 12. Lawsuits
( ) 13. Options
(X) 14. Taxes
( ) 15. Other contingent or deferred liabilities
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v.
IN THE COURT OF COMMON PLEAS
I CUMBERLAND COUNTY, PENNSYLVANIA
NO. 95-3113
MARY ELIZABETH ATKINSON,
Plaintiff
LEWIS E. ATKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
INCOME AND EXPENSE STATEMENT
Attached hereto is the Income and Expense Statement of
Plaintiff submitted pursuant to Pa. R.C.P. No. 1920.31.
L~~~dt~'L
~Aandra L. Me lton, Esquire
HEPFORD, SWARTZ & MORGAN
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
1
THIS FORM MUST BE t'ILLED OU'l'
(If you are self-employed or if you are salaried by a
business of which you are owner in whole or in part, you must also
fill out the Supplemental Income Statement which appears on pages
8 and 9 of this Income and Expense statement.)
INCOME AND EXPENSE STATEMENT OF
MARY ELIZABETH A'l'KINSON
INCOME
Employerl Cumberland Valley School District
Address I 6746 carlisle Pike. Mechanicsbura. PA 17055
Assistant princioal
Type of Workl
Payroll Number I
Pay Period (weekly, biweekly, etc.)1
Gross Pay per Pay periodl
Itemiled Payroll Deductions I
Federal Withholding
Social Security
Local Wage Tax
$ 250.00
117.47
18.95
State Income Tax
53.05
99.47
Retirement
savings Bonds
Credit Union
Life Insurance
2.85
2
Biweekly
$ 1.894.70
Health Insurance
other (sped fy)
Medicare Tax
Unemplovment comoensation
Facultv ScholorshiD
Net Pay per Pay Period:
27.47
2.08
1.00
$ 1.322.37
other Income:
Week Month Year
(Fill in Appropriate Column)
Interest
$
$ 138.00
$
Dividends
Pension
Annuity
Social Security
Rents
Royalties
Expense Account
Girts
Unemployment Compo
Workmen's Compo
Total
$
$ 138.00
$
TOTAL INCOME
$ 3.003.14 per month
3
EXPENSES
Weekly Monthly Yearly
(Fill in Appropriate Column)
Home
Mortgage/rent
$
$1.144.00' $
Maintenance
Utilities
Electric
197.00
Gas
oil
Telephone
Water
70.00
22.00
Sewer
33.33
400.00
Employment
Public Transportation
Lunch
$
$
$
50.00
Taxes
Real Estate
$
$ See Footnote 1
Personal
25.00
300.00
Income
Deducted throuqh emDlovment
Insurance
Homeowners
See Footnote 1
Automobile
44.83
538.00
, - This figure includes the homeowner's insurance and real
estate taxes.
4
2 _ Wife is repaying a loan incldont to Kelly's edcuation.
<;
Weekly Monthly Yearly
(Fill in ^ppropriate Column)
Personal
Clothing $ $ 333.33 $ 4.000.00
Food 325.00 3.900.00
Barber/hairdresssr 49.67 596.00
Credit payments
Credit card
Charge account
Memberships 3.92 47.00
Loans
Credit Union $ $ $
Miscellaneous
Household help
Child care
$
$
$
Papers/books/magazines
Entertainment
Girts
33.33
200.00
52.66
333.33
250.00
3.000.00
400.00
Pay TV
Vacation
4.000.00
6
Weekly Monthly Yearly
(rill in Appropriate Column)
$
$ 500.00
$
Legal fees
Charitable contributions
8.33
100.00
other child support
Alimony payments
50.00
600.00
other
Pets
TOTAL EXPENSES
Checking accounts
checking accounts
Checking accounts
Savings accounts
Savings accounts
Credit Union
Stocks/bonds
Real estate
Other
$
$3.915.23
$
PROPERTY OWNED
Ownership.
Description Value H W J
Mellon Bank 1.000.00 X
Commerce Bank 32.00 X
Dauphin Deposit 2.00 X
Mellon Bank 27.300.00 X
Commerce Bank lOO.OO X
Marital Residence
185.000.00
X
_Jl.Q!L1nYltlttogry_, onll_IIPpra iBemBnt
TOTAL
.H-Husband/ W=Wife/ J-Joint
$213,434.00
7
f '"
INSURANCE
Policy coverage'
company No. H W C
Hospital
Blue Cross Blue Cross 020491005 X X
Other
Medical
Blue Shield Blue Shield 020491005 X X
Other
Health/Accident
Di8ability Income
Dental Delta Dental 1201 X X
Other
H-Husband, W=Wife, C=Child
I understand that the statements made herein are subject to
the penalties of 18 Pa.C.S. 14904 related to unsworn falsification
to authorities.
',,)JUt-t# 7. (~~,~jNf
Mary El beth Atk nson
I verify that I have reviewed this form with my client and to
the best of my knowledge the answers herein are true and correct.
xi' tJ?1 ~'-77~ a.
,It .If. U -~-
'Sandra L. Me ltor'l, ESqUr;;.
Attorney for Plaintiff
_1_TlPlCA flOP IIlIVIC\l/A VIAW la/01'" J: '...
MARY ELIZABETH ATKINSON, I IN THE COURT OF COMMON PLEAS
PLAINTIFF I CUMBERLAND COUNTY, PENNSYLVANIA
I
v. I NO. 95-3113
I
LEWIS E. ATKINSON, I
DEFENDANT I CIVIL ACTION - DIVORCE
I, LeRoy smigel, Eequire, hereby certify that I have served a
true and correct copy of the Answers to Plaintiff's First set of
Interrogatories to Defendant upon counsel for Plaintiff ae addressed
j '" I
: ,b.l~ by ~,positing the same in the U.S. Mail, firet class, postage
r;,
I'
,[prepaid, on the 7th day of August, 1996.
p.,
i'"
11,
;
.'
Sandra L. Meilton, Esquire
Hepford, Swartz .. Morgan
111 North Front Street
P.O. Box 889
Harrisburg, PA 17108
,
..
By:
LeRoy Sm ge
I.D. 109617
2917 North Front street
Harrisburg, PA 17110-1332
(717) 234-2401
Attorney for Defendant
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:v
MARY hLlLAlJhTII AI KINSON,
PLAINTIFF
IN TilE couln OF COMMON PLEAS
CUMBliltLAND COUNTY, PENNSYLVANIA
v,
NO, 95-3113
LEWIS E, ATKINSON,
DEFENDANT
CIVIL ACTION - DIVORCE
NOTICE TO PLEAD
1'0: MAR\' ELlZAOi:l'Il ATKINSON, Plaintiff and
SANDRA I.. MEIt.TON, i:SQUIRF., Allorney ror Plaintiff
YOU ARE HEREBY NOTIFIED 10 liIe a wrillen response to Ihe enclosed Answer and
Counterclaim to Complainl in Divorce within twenty (20) days from service hereof or a judgment
may be enlercd against you,
SMIGEl., ANDERSON & SACKS
~ \-)
By: w J ~--
LeRoy Smigel. Esquire
I.D, 1109617
Ann V, Levin. Esquire
1.0, 1170259
2917 North Front Street
Harrisburg. I' A 171 10-1223
(717) 234-2401
Allomeys for Defendant!
Plaintiff in Counterclaim
MARY ELIZABETH ATKINSON.
PLAINTIFF
IN TilE COllin OF COMMON PLEAS
(,UMBEI~LAND COUNTY. PENNSYLVANIA
v,
NO, <)5.3113
LEWIS E, ATKINSON,
DEFENDANT
CIVIL ACTION - DIVORCE
ORDER
AND NOW. Ihis __ duy of
, 1<)<)8. pursuunt 10 Ihc POSI-Nuplial
Agrccmcnt cnlcrcd inlo by thc partics cffcctivc Dcccmbcr 2. 1996. Plaintiff is hercby ordercd 10 pay
Ihc sum of $50,000 10 Dcfcndanl within fivc (5) days of the dalc of Ihis Ordcr.
By the Court:
J.
MARY ELlZADETII ATKINSON,
PLAINTIFF
IN TilE COIJRT OF COMMON I'I.EAS
{'UMIlERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-3113
LEWIS E, ATKINSON,
DEFENDANT
CIVIL ACTION - DIVORCE
AND NOW, this
day of
, 1998, upon consideration of the
attached Answer and Counterclaim to COlllplaint in Divorce, a RULE is hereby issued 011 Plaintiff to
show cause. if any there be. why the relief requested should not be granted,
RULE RETURNABLE
DA YS FROM SERVICE,
- OR.
RULE RETURNABLE AT HEARING ON nIls MATTER SCIIEDULED FOR TIlE
DA Y OF
, 1l)l}8. AT
O'CLOCK _,M" COURTROOM NO,
. CUMBERLAND COUNTY COURTlIOUSE, I COURTIIOUSE SQUARE, CARLISLE.
PENNSYLVANIA,
IIV 'I'm: COURTI
J,
"~lItd,"'^NSWU( Mm nU'NIHU'I.^IM IU 111\' t.O\W^"1. \IJ III 1 7.'111 .' "'I'm
MARY ELlZABETlI ATKINSON,
PLAINTIFF
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-3113
LEWIS E, ATKINSON,
DEFENDANT
CIVIL ACTION - DIVORCE
ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE
AND NOW, comes Defendant, Lewis E. Atkinson, by his attorneys, SMIGEl., ANDERSON
& SACKS, and answers Plaintifrs Complaint in Divorce as follows:
t, Admitted,
2, Admitted,
3, Admitted,
4, Admitted,
5, Admitted,
6, No response required,
7, Admitted,
8, No response required but to the extent a response is required, Defendant also believe.
that the marriage is irretrievably broken,
9, No response required,
to, Admitted,
II, No response required but 10 lhe exlent a response is requircd, Dcfcndant also request.
Ihal Ihe Court cquitably divide. distribule or ussign thc murilul properly bctwecn the pl1rtie.
regurd to murilulmiseonduct in such proporlions us Ihe ('ourl deems just lIller considcrutlon of all
rclevunt fuctors,
~
AND NOW, comcs Dcfcndunl/Pluintiff in Countcrcluim, Lcwis E, Atkinson, by his uttorneys,
Smigcl, Andcrson & Sacks, und uvcrs us follows:
COUNT I
DIVORCE UNI)ER 330Hal/l1 OF TilE DIVORCE CODE
12, Defcndant/Plaintiff in Counlcrcluim rcpcats und rcullcgcs the uvernlents of paragraphs I
through II which are incorporuted by reference hcrein,
13, Plaintiff/Defendunt in Countcrclaim hus committed udultery,
14, It is believcd thut Pluintiff/Defcndunt in Counlcrclaim hus cngugcd in un extra-marital
relationship with an individualnumcd Jamcs Michucl Evuns,
WHEREFORE, Dcfendant/Plaintiff in Countcrclaim rcquests the Court to cnter a Dccree in
Divorce pursuant to Section 3301(a)(2) of the Divorcc Code,
COUNT II
DIVORCE UNDER 330Hal161 OF TilE D1VORCI<; CODE
15, Defcndant/Plaintiff in Countcrclaim repcats and rea lieges the avemlents of paragraphs
I through 14 which are incorporuted by rcfcrence hcrein,
16, Plaintiff/Dcfcndanl in Countcrclaim hus offcrcd such indignitics to Dcfcndant/Plaintlff in
Countercluim, the innoccnt und injurcd spousc, us to rcndcr his condition intolcrable und tife
burdcnsomc,
Wllt;at;lI()at;, Dclcndant/Pluintl ff in Countcrclaim rcqucsts thc Court to cntcr a Decree In
Divorce pursuuntto Scction 330I(u)(h) of thc Divorcc Codc,
- 2 -
('OUN'!' III
AI.II\ION\' "":Nm:Nn: I.In:. ('OUNS":!, "'I>:I>:S. ('OS'I'S ANU
":XP":NS":S UNU":R S..:CTlON 3m
17, IJcfcndantll'laintiff in Countcrclaim rcpcats and rcallcgcs thc avcnncnts of paragraphs
I through 16 which arc incorporatcd hy rcfcrcncc hcrcin,
18, Dcfcndant/Plaintiff in Countcrclaim has no adcquatc mcans of support for himsclf
duringthc coursc of this litigation,
19, Dcfcndant/Plaintiff in Countcrclaim docs not havc sufficient f\lIlds to pay counsel fces,
costs or expenscs incidcntal to this action,
Wllr.RE..'OR..:, Dcfcndant/Plaintiff in Countcrclaim rCllucsts thc Court to award him alimony
pcndcnte Iitc, counscl fccs, costs and cxpcnscs,
COUNl'IV
t:NFORCElm:N'f Qt' POST.NUP'I'IAI. AGR":":MENT
20, Dcfcndant/Plalnti ff in Countcrclalm rcpcats and rcallcges thc avcrmcnts of paragraphs
I throullh II) which arc incorporatcd hy rcfcrcncc hcrcin,
21. Thc partics cntcrcd into a Post-Nuptial Agrccmcnt crfcctivc Dcccmbcr 2, 1996,
Pursuant to Part A, I'arallraph 4, /'laintifflDcrcndant ill Countcrclalm was rcquired to "Immediately
tcrmlnate hcr relatlonshlll with Jamcs Mlchacl Evuns or I'cnn8hol'O Drivc, Mcchanlcsburll,
Pcnnsylvanla," Shc was rurthcr rcquiredto "huvc no l\lIthcr cOlltact with Jamcs Michael Bvan. by
telcphone, in pcrson, currcspolldcncc, clcctronic lIIall, or in any lIIil1l11Cr," I'laintirflDefendantln
('ountcrchlllll has violalcdthc UllllVC tcrms or thc purtlcs' POSl,NUpliul Agrccmcnt in that on or aboIK
Wcdncsduy, Deccmher 17, 11)'J7 Jalllcs Mkhacl huns wus Iiccn cnlerillg hcr vehiclc,
1'luintifl)Dcrcndunt In ('ollnlclclallll ullIl JUIIIL'8 f\lIchucl huns Ih'll\c IIWUY togcthcr, Slightly ovor
., .
one hour later, PlaintilTlDcfcndnnt in Countcrclaim wns observed with Jamcs Michael Evans ugnin,
This timc Mr, Evans wns cxiting her vehicle, During the period in betwcen, DcfcndnnllPlnintiff in
Countcrclnim hns reason to belicvc his wifc took Mr, Evans to the partics' joint residenec nnd
engaged in sexual relations with him,
22, In the event of a breach of the aforementioned paragraph, Plaintiff/Defendant in
Counterclaim agrced to consent to a divorce if requested to do so and further to pay the sum of
S50,OOO to DcfendanllPlaintiff in Counterclaim,
WHEREFORE, DefendanllPlaintiff in Counterclaim respectfully requests the Court to enter an
Order enforcing the temlS of the Post-Nuptial Agreement entered by the parties effective December
2, 1996, by requiring Plaintiff/Defendant in Counterclaim to pay the sum of S50,OOO to
Defendant/Plaintiff in Counterclaim within live (5) days of lhe date of the Order,
In the allemative, it is requested that the Court issue a Rule to Show Cause upon
PlaintilTlDefendant in Counterclaim as to why the Post-Nuptial Agreement should not be enforced,
Date: March.r1, 1998
SMIGEL, ANDERSON & SACKS
.I u j ~ -----,
BY:3,--~ 64~
LeRoy Smigel, Esquire
1.0, 1109617
Ann V, Levin, Esquire
1.0, 1170259
2917 North Front Street
Harrisburg, P A 17110-1223
(717) 234-2401
Attorneys for Defendant/
Plaintiff in COllnterclaim
- 4 -
VERIFICATION
I verify that the statements made in this Pleading are true and
correct. I understand tllat false statements herein are made subject
to the penalties of l8 Pa,C,S. Section 4904, relating to unsworn
falsification to authorities.
Datel
.' ,Iv 'IV
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, .
LEWIS E. ATKINSON, Oefendsnt
MARY ELlZABETU ATKINSON,
PLAINTIFF
IN TilE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 95-3113
LEWIS E, ATKINSON,
DEFENDANT
CIVIL ACTION - DIVORCE
I, Ann V, Levin, Esquire, hereby certify that I have served a true and correct copy of
Defendant's Answer and Counterclaim to Complaint in Divorce upon counsel for Plaintiff as
addressed below by deposillngthe same in the U,S, Mall, first class, postage prepaid, on
'-'Ir(a,u It / y
.1998,
Sandra L, Mellton, Esquire
Ilepford, Swartz & Morgan
III North Front Street
1',0, Box 889
Harrisburg. I' A I 7108
SMIGEl., ANDERSON & SACKS
By:
L J ~,_)
LeRoy Smigel, Esquire
I.D,II09617
Ann V, Levin, Esquire
1.0, 1170259
2917 North Front Street
Harrisburg, I' A 17110-1223
(717) 234-2401
Attorneys for Defendant
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MARY ELIZABETH ATKINSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-3113
LEWIS E, ATKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
A~SWER TO COUNTERCLAIM
COUNT I
12, No responsive pleading Is required,
13, No response Is required as averment calls for a conclusion of law,
14, After reasonable Investigation, Plaintiff/Defendantln Counterclaim Is without
knowledge or information sufficient to form a belief as to whether It Is believed that
Plaintlff/Defendantin Counterclaim has engaged In an extra-marital relationship with an
Individual named James Michael Evans, and proof thereof, if relevant Is demanded at
trial.
By way of further reply, Defendant/Plaintiff has waived the right to file for divorce
on grounds of faull by implication in the Post-Nuptial Agreement, paragraph 4(a)(1),
which provides that if there is a breach of paragraph 4, Betsy agrees to consent to a
divorce at the request of Lew,
COUNT II
15, No responsive pleading Is required,
16, After reasonable investigation, PlalntifflDefendant in Counterclaim is without
knowledge and information sufficient to form a belief as to whether Defendant/Plaintiffs
condition is Intolerable and life is burdensome as a result of Indignities offered by
PlaintifflDefendant, and proof thereof, If relevant IS demanded attnal.
The allegation that Plaintiff/Defendant has offered such Indignities to
DefendanllPlaintiff, the innocent and injured spouse, IS a conclusion of law to which no
responsive pleading is required,
By way of further reply, DefendanllPlaintiff has waived the right to file for divorce
on grounds of fault by implication in the Post-Nuptial Agreement, paragraph 4(a)(1),
which provides that if there is a breach of paragraph 4, Betsy agrees to consent to a
divorce at the request of Lew,
COUNT III
17, No responsive pleading is required,
18, Denied, It is denied that DefendanllPlalntiff in Counterclaim has no adequate
means of support for himself during the course of this litigation, To the contrary, It is
averred that DefendanllPlaintiff has the financial resources to sufficiently support himself
throughout these proceedings as his gross annual Income Is in excess of $65,770,
19, Denied, It Is denied that DefendanllPlalntiff In Counterclaim does not have
sufficient funds to pay counsel fees, costs or expenses Incidental to this action, To the
contrary, It Is averred that DefendanUPlalntiff earns in excess of $65,770 annually, and
therefore, has the financial resources to pay counsel fees, costs and/or expenses arising
from this action
COUNT IV
20, No responsive pleading Is required,
21, After reasonable investigation, Plaintiff/Defendant in Counterclaim is without
sufficient knowladgs or information to form a belief as to whether James Michael Evans
was seen entering Plaintiff/Defendant's vehicle and driving away with her on Wednesday,
December 17,1997, PlaintlfflDefendant was observed with James Michael Evans exiting
her vehicle one hour later: and DefendantlPlslnliff has reason to believe hiS Wife took Mr,
Evans to the parties' JOint residence and engaged In sexual relalions dUring the period
In between, and proof thereof, If relavant Is demanded at trial,
By way of further reply, the allegation that PlalntlfflDefendant has violated the
terms of the parties' Post-Nuptial Agreement Is a conclusion of law to which no
responsive pleading Is required,
22, Admitted,
HEPFORD, SWARTZ & MORGAN
Date: 4.J- f-cl L
By: jcf.'f4.q~~-,
" Sandra L. eillo
10 #32551
111 North Front Street
P,O, Box 889
Harrisburg, PA 17108-0889
(717) 234-4121
"
\[ERIFICA liON
I verify that the statements made In this Pleading are true and correct.
understand that false statements herein are made subject to the penalties of 18 Pa,C,S,
Seclion 4904, relating to unsworn falsification to authorities,
Date:
i-l_ 8'- C;cr
,()M~
son, Plaintiff
CERTIFICATE OF SERVICE
AND NOW, this '/j~"- day of April, 1998, I, Shaun M, Kovach, Secretary to
Sandra L. Meillon, Esquire, for the firm of Hepford, Swartz & Morgan, hereby certify that
I have this day served a copy of the within document, by mailing same by first class mall,
postage prepaid, addressed as follows:
Leroy Smigel, EsqUire
SMIGEL, ANDERSON & SACKS
2917 North Front Street
Harrisburg, PA 17110-1223
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MARY ELlZABETII ATKINSON,
PLAINTIFF
IN TIlE mUIri' OF COMMON Pl.EAS
CUMUEIU,ANl> COUNTY, PENNSYLV ANIA
v,
NO, 95-3113
LEWIS E, ATKINSON,
DEFENDANT
CIVIL ACTION - DIVORCE
RESPONSE TO
REQUEST FOR ADMISSIONS PURSUANT TO Iln.R.e1v.ll. 4014
1'01 MARY .:UZABEl'lI ATKINSON, Plalnllff and
SANDRA I.. MEII.TON, ESQUIRE, AUorne)' for Plaintiff
You are hereby requested to admit for the purposes of this action only, the trulh of the
following matters within thirty (30) days afier service of this request in accordallce with Pa,R.Civ,P,
4014:
\. That on Wednesday, Dccember 17, 1997, you arrived at the Your Place restaurant
parking lot on the Carlisle Pike, Mechanicsburg, Pennsylvania,
Admit X Deny
Accompanyln\! InlerrOllalory
If you cannot give a qualified, aflirmatil'e answer 10 Ihe ahul'e request for admission, tUlly
explain why you ure no\ udmilling the request for admission allll all facts upon which you hase your
unswer,
Answer: I hilve been to Your Plilco lleHtilurilnt "n the Carlisle
Pike, Hechanlcsburg, Pennsylvllnla, but do not recall whether
I WilS thore specifically,," Decembor 17, 1997.
2, Thai on Wednesday, December 17, 1997, James Michael Evans entered your vehicle in
the parking lot of Ihe Your Place restaurant located on the Carlisle Pike, Meehaniesburg,
Pennsylvania,
Admit
X Deny
AccomDanvlnlllnterrollltorv
If you cannot give a qualified, affimlative answer to the above request for admission, fully
explain why you are not admittinglhe request for admission and all facts upon which you base your
answer,
Answer: James Michael EvanB haB entered my vehicle in the
parking lot of Your Place Restaurant on the Carlisle Pike,
Mechanicsburg, PennBylvania, but I do not recall whether he
entered it specifically on December 17, 1997.
3, That on Wednesday, December 17, 1997, you were Bt 6344 Pennsboro Drive,
Mechanlesburg, Pennsylvania with Janles Michael Evans,
Admit
x Deny
AccomDsnvlna Interrontorv
If you cannot give a qualified, affirmative answer to the above request for admission, fully
explain why you arc not admittinglhe request for admission and all facts upon which you base your
answer,
Answer: James Michael Evans and I have been at 6334 pennsboro
Drive, Mechanicsburg, Pennsylvania, but I do not recall
whether we were at that location specifically on December 17,
1997.
- 2 -
4, Thllt on WcdncsdllY, Dcccmbcr 17, 11)1)7, you hllll scxuul relations with Jamcs Michacl
Evans at 6344 I'cnnsbllro Drivc, Mcchanicsburg, I'cnnsylvania.
Admit
-2L- Dcny
ACCOI11Dan\'hlll InlerrOllalor\'
If yon cannot give a qualilicd, aflirmativc answcr to the above rcquest for admission, fully
explain why you are not IIdmitting the rcquest for admission and all facts upon which you base your
answer,
Answer: I have engaged in sexual relations with James Michael
Evans, but do not recall whether such act occurred specifically
on December 17, 1997.
5, That on Wednesday, Deccmber 17, 1997, you drove James Michael Evans from the
residence located at 6344 Pennsboro Drive, Mechanicsburg, Pcnnsylvania to the Your Place
restaurant located on the Curlisle Pike, Mechunicsburg, Pcnnsylvania,
Admit
Deny
x
ACCOI11Dan\'IUI! Inlerrol/alor\'
If you cannot give a qualilicd, uflirmutive answer to the above rcquest for admission, fully
expluin why you are not admitting the rcquest for admission and all facls upon which you buse your
answer,
Answer: I have driven James Michael Evans from 6344 Pennsboro
Drive, Mechanicsburg, ponnsylvania to Your Place Restaurant
on the Carlisle Pike, Mechanicsburg, Pennsylvania, but do
not recall whether I drove him between said locations
specifically on December 17, 1997.
. 3 -
6. Thut uOer driving Jumes Michuel Evuns to Ihe Your Pluce resluurant purkinlllot onlhe
Curlisle Pike, Mechunlcsburg, I'ennsylvuniu, he exited your vehicle ullll relnrned to his cur,
Admit
__~_ Deny
Accompanvlnlllnlerrolllllorv
If you eunnotllive u quulined, ufllmlutive unswer 10 the ubove request for udmission, fully
expluin why you ure not udmittingthe requesl for udmission und ull fucts upon which you buse your
unswer,
Answer: James Michael Evans has exited my vehicle and returned
to his car at Your Place Restaurant on the Carlisle pike,
Mechanicsburg, Pennsylvania, but I do not recall whether he
exited specifically on December 17, 1997.
7, Thut YOll huve hud contuet with Jumes Michuel Evuns since December 2, \996,
I Admit
, Deny
Accompllnvlnlllnlerrolllllorv
If you cunnotgive u quulined, ufllrlllutive unswer to the ubove requesl for udmlssion, fully
expluln why YOll ure not udmittinlllhe request for udmission ullllull fucls upon which you buse your
unswer,
Answer: I have had cuntact with Jamos Michael Evans specifically
un December 3\, 1996, of which Lewis Atkinson is fully aware
as evidenced by the filing of a police report on that
uccasion.
.4.
8, Thut you huve hud conluct with Jumes Michuel Evuns by telephone sincc Deccmber 2.
1996,
X Admit
Deny
Accomullnvlne Inlerroelllon'
If you cunnot give u quulified, uffinnutive unswer to the ubove rcquest for udmission, fully
explain why you are not admitting thc request for udmission and all facts upon which you base your
answer.
Answer:
9. That you have had contact with James Michael Evans in person since December 2.
1996,
Deny
Accompllnvll1l! InlerrOl!lllorv
If you cannot give a qualified, uffirmative answer 10 the above request for admission. fully
explain why you arc nol admitting the request for admission lInd all facts upon which you base your
x
Admit
answer,
Answer:
.5.
)(), That you havc had conlact with Jamcs Michacl Evans via corrcspondcncc since
Dcccmbcr 2, 1996,
x
Admit
Dcny
Atto"'llanvlnl! Interrol!atorv
If you cannot givc a qualilicd, artinnativc answcr to thc abovc rcqucst for admission, fully
cxplain why you arc not admilling thc rcqucst for admission and all fucts upon which you basc your
answcr,
Answcr:
II. That you havc cngagcd in un udultcrous rclationship with Jamcs Michuel Evans since
Dcccmber 2, 1996.
Admit
Dcny
Acto","anvl"., InterrOllatorv
If you cannot givc a qualificd, artirmativc ansIVcr to thc abovc rcqucst for udmission, fully
cxplain why you urc not admitting thc rcqucst for admission unl! ull litcts upon which you base your
unsIVcr,
Answcr: This request calls for a conclusion of law to which
no response is required.
. ().
Date: March I!. 1998
Sl\lIm:I.. ANm:aSON & SACKS
By:__-A=>c_~_J(L~-
LcRoy Smigel. Esquire
I.D,I/O%17
Ann V, Levin, Esquirc
I.l>, 1170259
2917 North Front Street
lIarrisburll. I' A 17110-1223
(717) 234-2401
Allomeys for Defcndant
AS TO RESPONSE I
IIEPFORD, SWARTZ r, MORGAN
;/ .(~.',.
BY I .x.:f,td;f d ,), - <'//77-1(
Sandra L. e ton
P.O. BOK BB9
Harrisburg, PA l7l0B
Attorneys for plaintiff
MARY ELlZAIJETII ATKINSON,
PLAINTIFF
IN THE COURT OF COMMON PLEAS
CUMIJERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-3113
LEWIS E, ATKINSON,
DEFENDANT
CIVIL ACTION - DIVORCE
I, Ann V, Levin, Esquire, hereby certify that I have served a true and correct copy of the
foregoing Request for Admissions upon counsel for Plaintiff as addressed below by depositing the
same in the U,S. Mail. first class, postage prepaid, un the 18th day of March, 1998,
Sandra L. Meilton, Esquire
Hepford. Swartz & Morgan
111 North Front Street
P.O, Box 889
Harrisburg. PA 17108
SMIGEL, ANDERSON & SACKS
By: .L V A~:J
LeRoy Smigel. Esquire
t.D,1I09617
Ann V, Levin. Esquire
I.D, 1170259
2917 North Front Street
Harrisburg. P A 17110-1223
(717) 234-2401
Attorneys fur Defendant
.
VERIFICATION
I, Mary Elizabeth Atkinson, acknowledge that the facts
stated in the within document are true and correct to the best of
my knowledge, infol-lIIation and belief.
I understand that any false statements herein are made
subject to the penalties of 18 Pa,C,S, Section 4904 relating to
unsworn falsification to authorities,
.
'-1J'~.L~ e~u (JJA4t.~
Mary E z beth nson
DATED I
'-1- Jt . I'.Jy
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CERTIFICATE Or SERVICE
AND NOW, this
I']-M.. day of
(1~
, 199B, I, Shaun
M. Kovach, Secretary to Sandra L. Meilton, Esquire, for the firm
of Hepford, Swartz & Morgan, hereby certify that I have this day
served a copy of the within document, by mailing same by first
class mail, postage prepaid, addressed as followsl
LeRoy Smigel, Esquire
2917 North Front Street
Harrisburg, PA 17110
~m,~
Shaun M. Kovach
7-
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v,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO, 95-3113
: CIVIL ACTION. LAW
: IN DIVORCE
MARY ELIZABETH ATKINSON,
Plaintiff
LEWIS E, ATKINSON,
Defendant
ORDER
AND NOW, this 9d1 day of Vu III L
, 1998, upon consideration
of the attached Petition for Exclusive Possession, a hearing is scheduled for
/0 ; ~ ,:) o'clock /, ,m, on 1170/Vt11l Y ,the J. 7-u, day of
.J 7: / Y , 1998, before the undersigned in Court Room No. 5 ofthe
Cumberland County Court House, Carlisle, Pennsylvania,
J,
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MARY ELIZABETH ATKINSON,
Plaintiff
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3113
CIVIL ACTION - LAW
IN DIVORCE
v,
LEWIS E, ATKINSON,
Defendant
PETITION FOR EXCLUSIVE POSSESSION
AND NOW, comes Plaintiff, Mary E, Atkinson, by and through her attorney,
Sandra L. Meillon of HEPFORD, SWARTZ & MORGAN and avers the following
1. Plaintiff and Defendant are joint tenants by the entireties of a residence
located at 6334 Pennsboro Drive, Mechanicsburg, Cumberland County, Pennsylvania,
2, Plaintiff and Defendant lived together in the marital residence prior to the
parties' separation which occurred on December 31, 1996,
3, Since the parties' separation, Plelntiff has had possession of the marital
residence,
4, Defendant resides in the State of Maryland and has resided there since the
parties' separation,
5, Defendant travels to and stays at the marital residence on weekendl
according to his desire,
6, Prior to their separation, the perties attempted to reconcile, but such
attempts proved unsuccessful and the parties are proceeding forward with a divorce,
7, Due to the nature of the relationship between Plaintiff and Defend.nl,
Defendant's periodic visits are disruptive and Intimidating,
B, Since December, 1996, Defendant has only made three (3) payments 10
Plaintiff for expenses related to the maintenance of the mantal residence al lilt forth
below:
February 199B""
March 199B '
April 199B, "".. '
",$600
,$600
$300
9, The monthly amount of the mortgage on the residence Is approximately
$1,200,
10, Plaintiff requested by letter dated April 8, 1998, to Defendant's counsel,
that Defendant contribute one-half of the expenses incurred in maintaining the residence
including, but not limited to, the mortgage and utilities and If he did not, Plaintiff advised
that she would seek exclusive possession of the residence,
11, Defendant responded, through counsel, in a letter dated April 14, 1998, that
Defendant would not pay one-half of the expenses related to the residence,
12, Defendant has ceased contributing his one-half share of thA expenses
necessary to preserve and maintain the marital residence Including, but not limited to:
mortgage, Insurance, taxes, utilities, servicing equipment and grounds care,
13, Plaintiff has been the sole contributor in preserving and maintaining the
marital residence since Defendant's last payment In April, 1998,
WHEREFORE, Plaintiff requests that thiS Honorable Court invoke Its equitable
power and jurisdiction and issue an Order awarding Plaintiff exclusive possession of the
marital residence until such time as this Court makes equitable distribution of the marital
property of the parties or in the alternative, direct that Defendant shall pay his one.half
share of expenses related to the marital residence,
Respectfully submitted,
HEPFORD, SWARTZ & MORGAN
Date (, . ;. 'i P
Attorneys for Plaintiff
VERIFICATION
I, Mary Elizabeth Atkinson, acknowledge that the facts
stated in the within document are true and correct to the best of
my knowledge, information and belief.
I understand that any false statements herein are made
subject to the penalties of 18 Pa.C,S. Section 4904 relating to
unsworn falsification to authorities,
-m a-t.i,/ f1 ~-h-~ - -
Mary Eiiziillieth' Atki~son
DATED I
S - ,;Jt; - fj-
CERTIFICATE OF SERVICE
sr --r-
AND NOW, this L day of 00 U fl€ ,11398, I, Shaun M, Kovach, Secretary
to Sandra L. Meilton, Esquire, for the firm of Hepford, Swartz & Morgan, hereby certify
that I have this day served a copy of the within document, by mailing same by first class
mail, postage prepaid, addressed as follows:
Leroy Smigel, Esquire
SMIGEL, ANDERSON & SACKS
2917 North Front Street
Harrisburg, PA 17110.1223
MlIRY El,I ZAIlETII ATK 1 NSON,
PJ.AINTIFF
I N Tim ('tlllWI' OF COMMoN I'I.EAS
l'lIMlllWJ.ANl1 ('OllNTY. I'ENNSYINANlA
v.
NO, ~'I III I
I,EWI S E, ATK I NSON,
IJIII'ENIJAN'I'
('lVIJ. M"I'ION
lJ I VOllel';
NOTICE TO PLEAD
TOI MARY ILIZABITH ATKINSON, Plaintiff .nd
SANDRA L. MIILTON, ISQUIRI, Attorn.y for Plaintiff
YOU ARE llEllEIlY NOTI FI ED 10 f 11 (! a wI! It "II n:>lJpollse to the
enclosed Answer wilh New M"ttl!I' <llId Coulltulclailll to Petition for
Exclusive Possessioll wilhill twenty (~O) di\yn flOIll sel-vice hereof or a
judgment may ue Bntered a~Jainst you,
SMIOILllRSON , SACKS
UYI_, '., J.'.:c,,;:-:c__J 4~
'te oy SlIIigel, Esquire
I.lJ,II0961'I
Ann V, Levin, Esquire
1, [J. 11'10259
2911 North Front Street
lIarl'isburg, PA 17110.1223
('11'1) 2J4-240l
AUollleys for Defendantl
Plaintiff in Counterclaim
4406 1 4/ANUWEM/AVI,/khJ u'U~I/~H 9142.1m
MARY ELIZABETH ATKINSON,
PLAINTIFr
IN THE COURT Or COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO, 95-3113
LEWIS E. ATKINSON,
DErENDANT
CIVIL ACTION - DIVORCE
ANSWER TO PETITION FOR EXCLUSIVE POSSESSION
WITH NEW MATTER AND COUNTERCLAIM
AND NOW, comes Defendant, Lewis E. Atkinson, by his attorneys,
SMIGEL, ANDERSON. SACKS, and answers Plaintiff's Petition for
Exclusive Possession as followsl
1. Admi t ted,
2, Admitted in part and denied in part. It is admitted that
the parties lived together in the marital residence both prior to and
since December 31, 19961 It is denied that the parties were separated
on December 31, 1996. By way of further answer, Defendant believes
the parties separated within the marital home on or about January B,
199B,
3, Denied. It is denied that Plaintiff has had exclusive
possession of the marital residence. When Defendant is not working,
he resides at the marital home.
4, Admitted in part and denied in part. It is admitted that
Defendant rents a small B x lO bedroom in Maryland where he sleeps
four nights during the work week, This has been Defendant's practice
for the past five years, It is denied that since the January B, 199B,
separation, Defendant has resided in Maryland. To clarify, Defendant
is physically in Maryland only during the work week, He enjoys
spending tillle with hlu chi Idron, ']ral1ckllildl'en and friends in Camp
Hill and Mechanicul.lul'g, I'ennuyl v 011 Ii a ,
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Denied, For the paut five yeill'u, Defendant continually
l'euided in t110 lIIarital I'euldence, Defelldant's falllily and personal
needll rnqull'o hllll to l'otUl'1l hOlllo frequently.
G, DOllied. Tho pal'tieu reconciled in December, 1996. The
panioll a~loill oxpel"ioncocl iliaI' it"1 difficulties due to Plaintiff's
infidelity, The partioLl lire lIIoving forward towards a divorce.
., ,
DUIllnd,
II III dOllied that Defendant "visits" his residence,
It is 0100 dOlllod that UoCrmdant croates a destructive or intimidating
atllloaphenl fur I'I,III1\.If'I,
B ,
!Jolllocl,
III dl11)\la1Y, 199!l, Defendant paid $1,200 towards
houae ilia illtollollt'e, In M"y, ,Juno and July 199B, Defendant paid $300
towards 1I0ull0 11I11 i n\.IJllilllco. AllY payments not made prior to January,
1990 were by lIIutual "<JI'OUIIIIlI1L,
9, Adlllll t lid,
10. Admi \. Lml.
11, AdmlLLed, By wlIY of further anawer, Defendant's counsel
alllo lIdvlllUcI 1'llIlntl[[ tllat Defendant incurs expenses for maintaining
a room III Milrylllncl ilml LllaL Plaintiff makes no contribution to these
exp"IlU"U,
I ~, 1l"1l1 uti. Tile part ies do not have an agreement that each will
bl.! reupollulble [or (me-half of the expenses connected with the marital
rllllldence, l1efolldant has expenses incurred in traveling to and
lIIaintail1ill'.J hlu livillg quarters in Maryland. Plaintiff contributes
l1ol,hlll<] \.clw"nJu theue expenditures.
- 2 -
13, Denied. Defendant has made monetary contributions and
personally contributed towards preserving and maintaining the marital
residence.
WHEREFORE, it is respectfully requested that this Honorable Court
dismiss Plaintiff's Petition for Exclusive Possession of the marital
residence, It is also requested that this Court dismiss Plaintiff's
request that Defendant pay one-half of the expenses related to the
marital residence, In the alternative, it is requested that Plaintiff
be required to contribute towards one-half of Defendant's expenses
incurred in maintaining his part-time residence in Maryland and
contributing towards the transportation costs to and from his place of
employment,
NEW MATTER
14, Defendant repeats and real leges the averments of paragraphs
1 through 13 which are incorporated by reference herein.
15, Plaintiff is engaged in an adulterous relationship with Mr.
Evans and has engaged in sexual relations with this individual at the
marital residence. This conduct is both distressing and disruptive to
Defendant,
16. Plaintiff has followed Defendant in public places and then
accused Defendant of following her,
l7, Plaintiff is very emotionally charged as a result of
alcoholism and guilt from her affair with James Michael Evans.
10, Plaintiff in creating a stressful atmosphere for Defendant.
19, plaintiff takeR [JfJfenudnt's clothes from the dryer and
throws t.hem on t.he nom,
1 -
20. There has been no disturbance of the peace. Defendant is
civil to Plaintiff, despite Plaintiff's attempts to aggravate him and
create problems,
21, Defendant has insufficient income to obtain alternative
housing. Defendant's rented bedroom is unsuitable for full-time
11 ving.
22, Almost all of Defendant's belongings are at the marital
residence. Defendant has developed a play area in the basement for
his grandchildren. Defendant spends significant time with his family
both at the marital home and in the area.
COUNTERCLAIM FOR EXCLUSIVE POSSESSION
23. Defendant/Plaintiff in Counterclaim repeats and real leges
the averments of paragraphs 1 through 22 which are incorporated by
reference herein.
24, Plaintiff/Defendant in Counterclaim has and continues to
engage in an adulterous affair with James Michael Evans.
Plaintiff/Defendant in Counterclaim even engaged in sexual relations
with Mr, Evans at Defendant/Plaintiff's in Counterclaim residence.
This has caused Defendant/Plaintiff in Counterclaim severe emotional
stress.
25, Plaintiff/Defendant in Counterclaim has sufficient income to
obtain alternate living arrangements,
26. Plaintiff/Defendant in Counterclaim makes conscious efforts
to frustrate Defendant/Plaintiff in Counterclaim and cause him
emotional stress.
27. Defendant/Plaintiff in Counterclaim has resided at the
- 4 -
marital home from the time it was purchased,
WHEREFORE, Defendant/Plaintiff in Counterclaim requests this
Honorable Court enter an order granting him exclusive possession of
the marital residence and lot,
Date I July~, 1998
SMIGEL, ANDERSON . SACKS
BYl d--. V ,G- )
~eRoy Smigel, Esquire
I.D. II096l7
Ann V. Levin, Esquire
I,D. 1170259
2917 North Front Street
Harrisburg, PA 17110-1223
(717) 234-2401
Attorneys for Defendant
Ii
" .
VERIrICATION
I verify that the statements made in this Complaint 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.
Datel
7 -,~I- 1Y
;;..Vl~ t~ a tt.~
LEWIS E. ATKINSON, PLAINTIFF
- 6 -
MARY ELIZABETH ATKINSON,
PLAINTIFr
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVI\NIA
NO. 95-3II3
v,
LEWIS S, ATKINSON,
DEFENDANT
CIVIL ACTION - DIVORCE
CERTIFICATE OF SERVICE
1/ Ann V, Levin, Esquire. hereby certify that I have served a
true and correct copy of the foregoing Answer to Petition for
Exclusive Possession with New Matter and Counterclaim on counsel for
Plaintiff as addressed below by depositing the same in the U.S. Mail,
first class, postage prepaid, on July~, 1998.
sandra L. Meilton, Esquire
Hepford, Swartz & Morgan
111 North Front Street
P.O. Box 889
Harrisburg, PI'. l7108
:::4:72..0')
L cry Eml..,. E.qu~
LD. 1109617
Ann V, Levin. Esquire
I,D. 1170259
2917 North Front Street
Harrisburg, PI'. 17110-1223
(717) 234-2401
Attorneys for Defendant
~.
MARY ELIZABETH ATKINSON
V.
I IN THE COURT OF COMMON PLEAS OF
I CUMBERLAND COUNTY, PENNSYLVANIA
I
I
I
I
I NO. 95-3113 CIVIL TERM
I
I CIVIL ACTION - LAW
LEWIS E. ATKINSON
ORDER OF COURT
AND NOW, this 27th day of JULY, 1998, upon request of
Plaintiff's counsel and with the concurrence of Defendant's
counsel the hearing on Plaintiff's Petition for Exclusive
Poseession soheduled for July 27, 1998, is continued generally.
Said hearing to be reeoheduled upon the request of either party.
By th~
--
Edward E. Guido, J.
Sandra L. Meilton, Esquire
For the Plaintiff
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Leroy Smigel, Esquire
For the Defendant
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, atkln,mot
gmr 7/98
MARY ELIZABETH ATKINSON,
Plaintiff
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3113
CIVIL ACTION - LAW
IN DIVORCE
LEWIS E, ATKINSON,
Defendant
ORDER
AND NOW, this day of . 1998, upon
consideration of Plaintiffs Motion for Continuance, it Is hereby ORDERED AND
DECREED that the hearing on Plaintiffs Petition for Exclusive Possession scheduled for
September 27, 1998 Is continued generally,
BY THE COURT:
J,
atkln,mot
gmr 7/98
"
v,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
NO, 95-3113
CIVIL ACTION - LAW
IN DIVORCE
MARY ELIZABETH ATKINSON,
Plaintiff
LEWIS E, ATKINSON,
Defendant
MOTION FOR CONTINUANCE
AND NOW COMES Plaintiff, Mary Elizabeth Atkinson, by and through her
attorneys, Tucker Arensberg & Swartz (formerly Hepford, Swartz & Morgan), who states
the following In support of this Motion for Continuance,
1, Plaintiff Is Mary Elizabeth Atkinson, who Is represented by Sandra
L. Mellton, and Defendant Is Lewis E, Atkinson, who Is represented by Leroy Smigel,
Esquire,
2, Plaintiff's Petlllon for Exclusive Possession was filed with the Court
and a hearing Is currently scheduled before the Honorable Edward Guido on July 27,
1998,
3, The parties are currently negotiating an overall settlement of their
marital assets and are hopeful that an agreement will be reached shortly,
4, Plaintiff desires to direct her attention toward the goal of an overall
settlement and believes that a hearing on exclusive possession would be
counterproductive at this time,
. atkln.mot
gmr 7/98
5. This matter has been discussed with Defendant's counsel and he
concurs In the request for a continuance,
6, Plaintiff requests that the exclusive possession Issue be continued
generally with the anticipation that the matter will be withdrawn when a formal agreement
Is entered,
WHEREFORE, Plaintiff requests this Honorable Court to continue the
matter generally,
TUCKER ARENSBERG & SWARTZ
By:
,
P,O, Box 889
Harrisburg, PA 17108
(717) 234-4121
Attorneys for Plaintiff
" atkln,mot
gmr 7/98
CERTIFICATE OF SERVICE
AND NOW, this .13""/ day of ',Jc,ly
,1998,1, Gloria M, Rlne,
Legal Assistant to Sandra L. Mellton, Esquire, for the firm of Hepford, Swartz & Morgan,
hereby certify that I have this day served a copy of the within document, by mailing same
by first class mall, postage prepaid, addressed as follows:
Leroy Smigel, Esquire
2917 North Front Street
Harrisburg, PA 17110
~ J (c It'. ~;2~
~Iorla ~, Rlne
MARY ELIZABETH ATKINSON,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v,
NO, 95-3113
LEWIS E, ATKINSON,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
REPLY TO NEW MATTER
AND NOW, comes Plaintiff, Mary Elizabeth Atkinson, by and through her attorney,
Sandra L. Mellton, of TUCKER ARENSBERG & SWARTZ and avers the following:
14, This Is an Incorporation paragraph to which no responsive pleading Is
required,
15, Denied In Part, Admitted In Part, Whether Plaintiff Is engaged In an
adulterous relationship with Mr, Evans Is a conclusion of law to which no responsive
pleading Is required. It Is admitted that Plaintiff engaged In sexual relations with Mr.
Evans at the marital residence, After reasonable Investigation, Plaintiff Is without
knowledge or Information Iiufflclent to form a belief as to the truth of whether this conduct
Is distressing and disruptive to Defendant and proof thereof, If relevant, Is demanded at
trial,
16, Denied, To the contrary, Defendant has followed Plaintiff In publIc places,
17, Denied, To the contrary, Plaintiff Is not very emotionally charged and
furthermore Is not SUffering from alcoholism or guilt,
18, Denied. To the contrary, Defendant Is creating a stressful atmosphere for
Plaintiff,
19, Denied, To the contrary, on only one occasion, Plaintiff removed
Defendant's clothes from the dryer and placed them onto the floor since he was using
her laundry supplies without her consent and Is not paying for the cost of water or the
maintenance of the laundry equipment,
20, Denied, To the contrary, there has been a disturbance of the peace and
Defendant Is not civil to Plaintiff, Defendant's conduct is disruptive and destroys
Plaintiffs sense of security, Plaintiff has no knowledge of whether or when Defendant
will arrive and depart from the marital residence, She Is unsure of whether the
Defendant has entered her home or an Intruder, causing her to become frightened and
concerned for her safety, Defendant sleeps In the Plaintiffs bedroom, causing her to
sleep In the guestroom, While Plaintiff Is absent from the residence, Defendant pilfers
through her personal belongings, Plaintiff does not attempt to aggravate Defendant and
create problems, To the contrary, It Is the Defendant who has created problems by his
sporadic, Intrusive visits,
21, Denied, To the contrary, Defendant has sufficient income to obtain
alternative housing as his gross annual income Is In excess of $65,770 and Plaintiff
Ir.sued payment to him In the amount of $50,000 In July, 1998, By way of further reply,
after reasonable investigation, Plaintiff is without knowledge or Information sufficient to
form a belief as to whether his rented bedroom is unsuitable for full-time living and proof
thereof, if relevant, Is demanded at trial.
22, Denied, After reasonable Investigation, Plaintiff Is without knowls. Of'
Information sufficient to form a belief as to whether almost all of Defendant', belonglnge
are at the marital residence and proof thereof, if relevant, Is demanded at trial, By way
of further reply, Defendant has not developed a play area In the basement fOf' hie
grandchildren, To the contrary, the basement contains a cement floor, house. lIOlItd
cat litter and only a few toys provided by Defendant. Further, Defendant dOBS not 'PtME'
significant time with his family at both the marital home and In the area, To the contr.,y,f
'~i" .
Defendant's visits with his family occur outside of the marital residence and he spends
no lime vlsillng family at the marital residence,
WHEREFORE, it Is respectfully requested that this Honorable Court grant
Plaintiffs Pellllon for EKcluslve Possession of the marital residence unlllsuch lime as this
Court makes equitable distribution of the marital property of the parties or, In the
alternative, direct that Defendant ahall pay his one-half share of eKpenses related to the
marital residence, Further, It Is requested that this Honorable Court deny Defendant's
request that Plaintiff be required to contribute towards one-half of Defendant's expenses
related to his residence In Maryland and contribute towards the transportation costs to
and from his place of employment.
ANSWER TO COUNTERCLAIM
23, This Is an Incorporation paragraph to which no responsive pleading Is
required,
24, Denied In Part, Admllled In Part, Whether Plaintiff/Defendant In
Counterclaim Is engaged in an adulterous relationship with Mr, Evans Is a conclusion
of law to which no responsive pleading Is required, It Is ad milled that Plaintiff/Defendant
In Counterclaim engaged in seKual relallons with Mr. Evans at the marital residence,
After reasonable investlgallon, Plaintiff/Defendant In Counterclaim Is without knowledge
or Information sufficient to form a belief as to the truth of whether this conduot h..
caused DefendanUPlalntlff In Counterclaim severe emotional stress and proof thereof,
If relevant, Is demanded at tria!.
25, Denied, To the contrary, DefendanUPlalnliff in Counterclaim has sufficient
income to obtain alternallve housing as his gross annual Income Is In eKcess of $05,770
and Plaintiff/Defendant In Counterclaim Issued payment to him in the amount of $50,000
In July, 1998,
26, Denied. To the contrary, DefendanUPlalnllff in Counterclaim makes
conscious efforts to frustrate PlalnlifflDefendant In Counterclaim and cause her emollonal
distress,
27, Denied, To the contrary, DefendanVPlalntlff In Counterclaim has resided
In Maryland since the parties' separallon and has maintained a post office box In
Maryland as late as March, 1998,
WHEREFORE, It Is respectfully requested that the Honorable Court dismiss
the Counterclaim and enter an order granting Plalnllff/Defendant In Counterclaim
exclusive possession of the marital residence and lot unlll such time as this Court makes
equitable distribution of the marital property of the parties or, in the alternative, direct that
DefendanUPlalntiff In Counterclaim shall pay his one-half share of expenses related to
the marital residence,
TUCKER ARENSBERG & SWARTZ
Date: ~J ~llq g
By: JufilU1 M. ~(~
Sandra L. Melllon
10'32551
Susan M, Selghman
1.0,'70323
111 North Front Street
P,O, Box 689
Harrisburg, PA 17108-0889
(717) 234-4121
ATTORNEYS FOR PLAINTIFF
,.
VERIFICATION
I verify that the statements made In this Pleading are true and correct.
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: B -~/- 'J Y
~~At~~
CERTIFICATE OF SERVICE
'),1 rill
AND NOW, this :II"". day of August, 1998, I. Susan M, Selghman, Esquire, for
the firm of Tucker Arensberg & Swartz, hereby certify that I have this day served a copy
of the within document, by mailing same by regular mall, postage prepaid, addressed as
follows:
Leroy Smigel, Esg,ulre
SMIGEL, ANDERSON & SACKS
2917 North Front Street
Harrisburg, PA 17110-1223
.
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