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Home My WebLink About02-5361 THOMAS M. MC CUTCHEON, Plaintiff VS. JODY I. MC CUTCHEON, Defendant CIVIL ACTION - LAW ACTION IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. 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 LOST THE RIGHT TO CLAIM ANy OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY SQUARE CARLISLE, PA 17013-3387 (717) 249-3166 THOMAS M. MC CUTCHEON, Plaintiff vs. JODY I. MC CUTCHEON, Defendant NO. CIVIL ACTION - LAW ACTION IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLJkND COUNTY, PENNSYLVANIA CIVIL TERM NOTICE OF AVAILABILI~-f OF COUNSELING TO THE WITHIN NAMED DEFENDANT: YOU HAVE BEEN NAMED AS DEFENDANT in a divorce proceeding filed in the Court of Common Pleas of Cumberland County, Pennsylvania. This Notice is to advise you that, in accordance with Section 202 of the Divorce Code, you may request that the Court require you and your spouse to obtain marriage Counseling prior to a divorce decree being handed down by the Court. A list of professional marriage Counselors is available at the Office of the Prothonotary, Cumberland County Courthouse 1 Courthouse Square, Carlisle, Pennsylvania 17013. You are advised that this list is kept as a convenience to you and you are not bound to choose a Counselor from the list. All necessary arrangements and the cost of Counseling sessions are to be borne by you and your spouse. If you desire to pursue Counseling, you must make your request for Counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request Counseling. ~ROTHONOTARY THOMAS M. MC CUTCHEON, Plaintiff vs. JODY I. MC CUTCHEON, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION IN DIVORCE CIVIL TERM COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff THOMAs M. MC CUTCHEON, by his attorney, Herschel Lock, and seeks to obtain a Decree in Divorce from the bonds of matrimony with the above-named Defendant, and avers the following: 1. Plaintiff Thomas M. McCutcheon is an adult individual residing at 22 W. Main Street, Shiremanstown, Cumberland County, Pennsylvania 17011. 2. Defendant Jody I. McCutcheon is an adult individual residing at 231 Hummel Street, Harrisburg, Dauphin County, Pennsylvania 17104. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 14, 1997 in Harrisburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken Or in the alternative Defendant has offered such indignities to Plaintiff who is the innocent and injured spouse as to render Plaintiff,s condition intolerable and life burdensome. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff has been advised of the availability of Counseling, and understands that she has the right to request the Court to require the parties to participate in Counseling. 9. The parties have lived separate and apart and at the appropriate time Plaintiff will submit an affidavit alle~in~ the parties have lived separate and apart for a least the time period specified in Section 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree in Divorce. DATED: 10/2/02 ATTORNEY FOR PLAINTIFF 3107 North Front Street Harrisburg, PA 17110 (717) 238-6661 VERIFICATION DATED: 10/2/02 I verify that the statements made in the foregoing Complaint are true and Correct. / understand that false statements made herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. the ~ourt of ~ommon 'l~lcaa of ~umbcrlanO ~ountg, THOMAS M. McCUTHCEON, CIVIL ACTION - LAW Plaintiff, ACTION IN DIVORCE No. 02-5361 VS. PRAECIPE FOR APPEARANCE JODY I. McCUTHCEON, Filed on behalf oE Jody I. McCutcheon, Defendant. Defendant. Counsel of record for this party: Peter J. Daley & Associates, P.C. Peter J. Daley II, Esquire 242 Wood Street California, PA 15419 Phone: 724-938-8953 Atty. I.D. 370244 THOMAS M. McCUTCHEON, JODY I. McCUTCHEON, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW .ACTION IN DIVORCE No. 02-5361 'l rae¢ip¢ j ;or -alppearance To the Prothonotary: Please enter the appearance of Peter J. Daley and Associates, P.C., by Peter J. Daley II, Esquire, on behalf of the Defendant, Jody I. McCutcheon, in the above stated case. Respectfully submitted, Pete~~ and Associates, P.C. I, Peter J. Dalcy II, Esquire, of Peter J. Daley and Associates, P.C., attorneys for the Defendant, Jody I. McCutcheon, do hereby certify that ! have this//-/~ay of April 2003, served a true and correct copy of thc Praecipc for Appearance upon thc Plaintiff, Thomas M. McCutcheon, by sending same by First Class United States Mail, Postage Pre-Paid to her attorneys of record, Herschel Lock, Esquire, at thc following address: Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 3n the (~ourt of ~ommon ~lca~ of · umbcrlanO ~ount~, THOMAS M. McCUTHCEON, CIVIL ACTION - LAW Plaintiff, ACTION IN DIVORCE No. 02-5361 VS. JODY I. McCUTHCEON, ANSWER AND COUNTERCLAIM TO COMPLAINT IN DIVORCE Defendant. To: Thomas M. McCutcheon You are hereby notified to file a written response to the enclosed Counterclaim within twenty (20) days from service or a judgment may be entered eyh------ efendant Filed on behalf of: Jody I. McCutcheon, Defendant. Counsel of record for this party: Peter J. Daley & Associates, P.C. Peter J. Daley Il, Esquire 242 Wood Street California, PA 15419 Phone: 724-938-8953 Atty. I.D. #70244 THOMAS M. McCUTCHEON, VS. ~ODY I. McCUTCHEON, Plaintiff, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW ACTION IN DIVORCE No. 02-5361 .qtn{svoer an6 {ounter¢laim to {romplaint in AND NOW, comes thc Defendant, Jody I. McCutcheon, through her attorneys of record, Peter J. Dalcy & Associates, P.C., by Peter J. Dalcy II, Esquire, and files her Answer and Counterclaim to Complaint if Divorce as follows: 1. Admitted. 2. Admitted. 3. Admitted 4. Admitted. 5. Admitted. 6. Admitted in part and denied in part. It is admitted that the marriage is irretrievable broken. However, if is specifically denied that Defendant has offered such indignities ro Plaintiff, who is thc innocent and injured spouse, so as to render Plaintiffs condition intolerable and life burdensome. Rather, Defendant has not offered such indignities to Plaintiff, but has suffered such indignities so as to render Defendant's condition intolerable and life burdensome. 7. Admitted. 8. After reasonable investigation, Defendant lacks knowledge or information sufficient to form a belief as to the troth of this avcrment. 9. No answer required. WHEREFORE, Defendant respectfully requests this Honorable Court enter a Decree in Divorce. ~ounterclaim · ount ®ne 10. Thc prior paragraphs of this Answer and Counterclaim are incorporated herein by reference as though set forth in full. ! 1. Plaintiff and Defendant have acquired marital property as defined by the Divorce Code, which is subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code. 12. Plaintiff and Defendant have been unable to agree as to the equitable division of said property, as of the date of the filing of this Complaint. 13. Plaintiff requests that the Court equitably divide, distribute or assign .thc marital property between the parties. WHEREFORE, Plaintiff respectfully requests that thc Court enter an order of equitable distribution of marital property pursuant to Section 3502(a) of thc Divorce Code. Respectfully submitted, d Associates, P.C. erific tion I, Jody I. McCutchcon, do hereby verify that the averments contained in the foregoing Counterclaim are true and correct to the best of my knowledge, information and belief. This statement is made subject to the penalties of 18 Pa.C.S.A. 34904 relating to unsworn falsification to authorities. Dated: 657 /OD~I. McCUTCHEON \\Office2-erica\shared filesXFORMS\Civil Law\Verification Page wpd ertific te of erx, ice I, Peter J. Daley II, Esquire, of Peter J. Daley and Associates, P.C., attorneys for the Defendant, Jody I. McCutcheon, do hereby certify, that I have this ]/"~y of April 2003, served a truc and correct copy of thc Ans~ver and Counterclaim to Complaint in Divorce upon the Plaintiff, Thomas M. McCutcheon, by sending same by First Class United States Mail, Postage Pre-Paid to her attorneys of record, Herschel Lock, Esquire, at the following address: Herschel Lock, Esquire 3107 North Front Street Harrisburg, PA 17110 Peter J.~ Attorney for the Defendant