Loading...
HomeMy WebLinkAbout00-02269 -!!! ~ ., , ( .. ... . . . . . . . ,.,,.,,., :+: :+: :+:ff. :+: . :f. :+: '" "'''''''''' . IN THE COURT OF COMMON PLEAS . . . OF CUMBERLAND COUNTY . STATE OF PENNA. . LESLEY J. THOMAS, . No. 2000-2269 Civil Term Plaintiff VERSUS . . HARRY D. THOMAS, JR., . . . . Defendant . . DECREE IN DIVORCE at <lrf )\~ ~ . . . . , IT IS ORDERED AND uo 2000 AND NOW, . . . DECREED THAT LESLE J. THOMAS , PLAINTIFF, AND HARRY D. THOMAS, JR. , 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; . . The attached Propertv Settlement Agreement. daten August 23. 2000, . . . is heeby incorporated, but not merged, into the Divorce Decree. . . . . . . . . ~:+::f.:f.~~ ~ ~ "':f.~ "'~:f. ,., :f.:f.~ . . . . , J. . . . . . . . . . . ~:+: :f.~~ :f. ~~ . ,> -~~ , "':" c", ,_" ,," I ~rr-. . ~. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "'"" lilt"'" - .'....'^ -IiIIlIii:l' ~"---- ~-. ....... 'll ' ;;.....~_~,~ ~"...~...... ';"'--:;'1..' '~'~. Wiiill IIIiiIiilIiiiiIliiiliiIlIIiI tfc;r?c;t:? t/-;DCJ& . ' . ~ ~., . ,,-,~ >""\ M~~7/;a5~L ~/H~~4/~ \ , "~~ ~ , . 4 ~ , t PROPERTY SETTLEMENT AGREEMENT TRIS AGREEMENT, made this d3~day of ~ooo by and THOMAS of Cumberland C~~~' Pennsylvania between LESLEY J. (hereinafter referred to as WIFE), and HARRY D. THOMAS, JR. of Cumberland County, Pennsylvania (hereinafter referred to as HUSBAND) , WHEREAS, HUSBAND and WIFE were lawfully married on June 16, 1995 in Cumberland County, Pennsylvania; and WHEREAS, the parties are the parents of one (1) minor child, TREVOR W. THOMAS, born July 15, 1991; and WHEREAS, diverse, unhappy differences, disputes and difficulties have arisen between the parties and it is the intention of HUSBAND anq WIFE to live separate and apart for the rest of their natural lives, and the parties hereto 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 ownership and equitable distribution of real :"'''''\If --,"' "'" ""'~- , ~ . , , . and personal property; the settling of all matters between them relating to past, present and future support and alimony; and in general, the settling of any and all claims by one against the other or against their respective estates. NOW, THEREFORE, in consideration of the premises and of the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. SeDaration: It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. Interference: Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried, except as may be necessary to 1 . " "~ " , ' '",-" , . r , carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence of the other, while living separate and apart. 3. Subseauent Divorce: The parties acknowledge that WIFE has filed a Complaint in Di vorce in Cumberland County, Pennsylvania, to docket number 00-2269 civil Term, claiming that the marriage is irretrievably broken under the no-fault mutual consent provision of Section 3301(c) of the Pennsylvania Divorce Code. HUSBAND hereby expresses his agreement that the marriage is irretrievably broken and expresses his intent to execute any and all affidavits or other documents necessary for the parties to obtain an absolute divorce pursuant to Section 3301 (c) of the Divorce Code. The parties hereby waive all rights to request Court- ordered counseling under the Divorce Code. It is specifically understood and agreed by the parties that the provisions of this Agreement as to equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes 2 ',I,," , - ' . <, ,~, ~ , ,. , , , . , whatsoever, as contemplated by the Pennsylvania Divorce Code. Should a decree, judgment or order of separation or divorce be obtained by either of the parties in this or any other state, country or jurisdiction, each of the parties hereby consents and agrees that this Agreement and all of its covenants shall not be affected in any way by any such separation or divorce; and that nothing in any such decree, judgment, order or further modification or revision thereof shall alter, amend or vary any term of this Agreement, whether or not either or both of the parties shall remarry. It is specifically agreed that a copy of this Agreement or the substance of the provisions thereof, may be incorporated by reference, but not merged, into any divorce, judgment or decree. It is the specific intent of the parties to permit this Agreement to survive any judgment and to be forever binding and conclusive upon the parties. 4. Date of Bxecution: The "date of execution" or "execution date" of this Agreement shall be defined as the day upon which it is executed by the parties if they have each executed the agreement on the same date. Otherwise, the "date of execution" or 3 "1. . i <~ --,,~ , ^ .1- jj ",,,, 0 , . , , "execution date" of this Agreement shall be defined as the date of execution by the party last executing this Agreement. 5 . Distribution Date: The transfer of property, funds and/or documents provided for herein, shall only take place on the "distribution date" which shall be defined as specified herein. 6. Mutual Release: HUSBAND and WIFE each do hereby mutually remise, release, quitclaim and forever discharge the other and the estate of such other, for all time to come, and for all purposes whatsoever, of and from any and all rights, title and interests, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against the other, the estate of such other or any part thereof, whether arising out of any former acts, contracts, engagements or liabilities of such other or by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption or similar allowance, or under the intestate laws, or the right to take against the spouse's will; or the right to treat a lifetime 4 .' ~~ . '-. - , . , conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse I s estate, whether arising under the laws of (a) Pennsylvania, (b) any State, Commonwealth or territory of the United States, or (c) any country, or any rights which either party may have or at any time hereafter shall have for past, present or future support or maintenance, alimony, alimony pendente lite, counsel fees, property division, costs or expenses, whether arising as a result of the marital relations or otherwise, except, all rights and obligation of whatsoever nature arising or which may arise under this Agreement or for the breach of any provisions thereof. It is the intention of HUSBAND and WIFE to give to each other by the execution of this Agreement a full, complete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other now owns or may hereafter acquire, except and only except all right and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision thereof. It is further agreed that this Agreement shall be and 5 "" r-, "~_" ,~ --~ . I , I i I I , I I [ i i i'<R; . . constitute a full and final resolution of any and all claims which each of the parties may have against the other for equitable division of property, alimony, counsel fees and expenses, alimony pendente lite or any other claims pursuant to the Pennsylvania Divorce Code or the divorce laws of any other jurisdiction. 7. Advice of Counsel: The provisions of this Agreement and their legal effect have been fully explained to WIFE by MARYANN MURPHY, ESQUIRE, counsel for WIFE; and to HUSBAND by DAVID PERKINS, ESQUIRE, counsel for HUSBAND. HUSBAND and WIFE acknowledge and accept that this Agreement is, in the circumstances, fair and equitable and that it is being entered into freely and voluntarily and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any collusion or improper or illegal agreement or agreements. 8. Warranty as to Existinq Obliqations: Each party represents that he or she has not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or liable except as may be provided 6 . ~- ~-- '~ for in this Agreement. Each party agrees to indemnify and hold the other party harmless for and against any and all such debts, liabilities or obligations of every kind which may have heretofore been incurred by them, including those for necessities, except for the obligation arising out of this Agreement. 9. EXISTING DEBTS: HUSBAND agrees that he shall be solely and exclusively responsible for any and all debts in his individual name. HUSBAND further agrees that he shall indemnify WIFE and hold her harmless from any and all liability for same. WIFE agrees that she shall be solely and exclusively responsible for any and all debts in her individual name. WIFE further agrees that she shall indemnify HUSBAND and hold him harmless from any and all liability for same. The parties acknowledge that there two (2) debts in joint names; a personal loan with American General with an approximate balance of $5,000.00, and a personal loan with Beneficial with an approximate balance of $2,000. Neither party agrees to be solely responsible for either debt, nor have the parties reached agreement with respect to a division of the debts. Therefore, HUSBAND and 7 "' "'C"" , . WIFE, understanding that these creditors may attempt to collect the entire sums from one or both of the parties, and understanding that this Agreement does not allocate these debts between the parties, agree to leave the issue of the American General and Beneficial debts unresolved. 10. Warrantvas to Future Oblia-ations: HUSBAND and WIFE each covenant, warrant, represent and agree that, with the exception of obligations set forth in this Agreement, neither of them shall hereafter incur any liability whatsoever for which the estate of the other may be liable. Each party shall indemnify and hold harmless the other party for and against any and all debts, charges and liabilities incurred by the other after the execution date of this Agreement, except as may be otherwise specifically provided for by the terms of this Agreement. 11. Personal Property: The parties agree that HUSBAND shall become the sole and exclusive owner of all personal property currently in his possession, and WIFE shall become the sole and exclusive owner of all personal property currently in her possession. 8 ,~ , . " ~,",""~,, "~~ ""~;"~ HUSBAND and WIFE agree that the division of property is mutually acceptable to them. Neither party shall make any claim to any such item of marital property or of the separate personal property of either party which will be in the possession and/or under the control of the other at the time of the execution of this Agreement. Should it become necessary, the parties each agree to sign, upon request, any titles 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 case of tangible personal property, the item is physically in the possession or control of the party at the time of the execution of this Agreement; and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party at the time of the execution of this Agreement. HUSBAND and WIFE agree that WIFE 12. Motor Vehicles: shall become the sole and exclusive owner of the 1988 Ford Aerostar 9 : "!'I-. .0 ," '-~~--'~' currently in WIFE's individual name. The parties ayknowledge that there is no outstanding loan on this vehicle. 13. Marital Residence: HUSBAND and WIFE agree that WIFE shall have sole and exclusive possession and ownership of the mobile home described on the title as a 1985 Forte, currently located at 36 Town Mills, Shippensburg, Cumberland County, Pennsylvania, as of the date of the execution of this Agreement. HUSBAND agrees to transfer all of his rights, title and interest in the aforesaid mobile home to WIFE's individual name at the time of the execution of this Agreement. HUSBAND further agrees to execute, upon request, any and all documents necessary to effectuate the terms of this agreement. 14. Pension/Retirement Benefits: The parties agree that HUSBAND shall retain any and all pension/retirement benefits he may have accrued during the course of the marriage. WIFE agrees to waive any and all rights and interest she may have in HUSBAND's pension/retirement benefits. WIFE further agrees to execute, upon request, any and all documents necessary to effectuate the terms of this Agreement. 10 ,~,~,~," - - __ _ . ~o" 0 , r . ~ The parties agree that WIFE shall retain any and all pension/retirement benefits she may have accrued during the course of the marriage. HUSBAND agrees to waive any and all rights and interest he may have in WIFE's pension/retirement benefits. HUSBAND further agrees to execute, upon request, any and all documents necessary to effectuate the terms of this Agreement. 15. After Acauired Personal Property: Each of the parties shall hereafter own and enjoy, independently of any claims or right of the other, all items of personal property, tangible or intangible, hereafter acquired by him or her, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes, as though he or she were unmarried. 16. Applicability of Tax Law to Property Transfers: The parties hereby agree and express their intent that any transfers of property pursuant to this Agreement shall be within the scope and applicability of the Deficit Reduction Act of 1984 (herein the "Act"), specifically, the provisions of said Act pertaining to transfers of property between spouses or former spouses. The parties agree to sign and cause to be filed any elections or other 11 (h, ~'''~- --<-, '" . , ,', -~,~ documents required by the Internal Revenue Service to render the Act applicable to the transfers set forth in this Agreement, without recognition of gain on such transfer and subject to the carry-over basis provisions of said Act. 17 . Wai ver of Alimonv: The parties herein acknowledge that, by this Agreement, they have respectively secured and maintained an adequate fund with which to provide for themselves sufficient financial resources for their comfort, maintenance and support. HUSBAND and WIFE do hereby waive, release and give up any rights they may respectively have against the other for alimony, spousal support or maintenance. It shall be, from the execution of this Agreement, the sole responsibility of each of the respective parties to sustain themselves without seeking any support from the other party. 18. Waiver of Spousal Support, Alimonv Pendente Lite and Counsel Fees: Each party hereby waives any rights to spousal support and alimony pendents lite. The parties agree to be responsible for their own attorney's fees. 19. Child Support: The parties acknowledge that there is 12 "i"ffi a current Child Support Order at the Cumberland County Domestic Relations Office, docket number 00237 S 2000, PACSES number 397102128. HUSBAND's current obligation is $369.73 per month for the support of the minor child. HUSBAND has filed an appeal of this Order and the hearing is scheduled for August 31, 2000. HUSBAND agrees to withdraw his appeal, and WIFE agrees to execute a petition to suspend support within five (5) days of the execution of this Agreement. The parties have agreed that HUSBAND shall pay all arrears due and owing as of the date of the execution of this Agreement at thirty ($30.00) dollars per week. 20. Full Disclosure: HUSBAND and WIFE each represent and warrant to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever and of every type whatsoever in which such party has an interest, and of all other facts relating to the subject matter of this Agreement. 21. Disclosure and Waiver of Procedural Riqhts: Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that 13 '- , either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have the Court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a Court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. Both parties waive the following procedural rights: a. The right to obtain an Inventory and Appraisement of all marital and separate property as defined by the Pennsylvania Divorce Code; b. The right to obtain an Income and Expense Statement of the other party as provided by the Pennsylvania Divorce Code; c. The right to have the Court determine which property is marital and which is non-marital and equitably distribute between the parties that property which the Court determines to be marital; d. The right to have the Court decide any other rights, 14 ~<-m! ,< . . ... ,~, ~t7-" < ~ remedies, privileges, or obligations covered by this Agreement, including but not limited to, possible claims for divorce, spousal support, alimony, alimony pendente lite, counsel fees, costs and expenses. 22. Waiver of Modification to be in WritinQ': No modification or waiver of any of the terms hereof shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 23. Mutual Cooperation: Each party shall, at any time and from time to time hereafter, take any and all steps and execute, acknowledge and deliver to the other party any and all further instruments and/or documents that the other party may reasonably require for the purpose of giving full force and effect to the provisions of this Agreement. 24. Applicable Law: This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of execution of this Agreement. 25. AQ'reement BindinQ' on Heirs: This Agreement shall be 15 ,"~ , '.T' ,,". '.-~", ,- . binding and shall inure to the benefits of the parties hereto and their respective heirs, executors, administrators, successors and assigns. 26. Intecrration: This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 27. Other Documentation: HUSBAND and WIFE covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper effectuation of this Agreement. This Agreement shall remain in 28. No Waiver on Default: full force and effect unless and until terminated under and pursuant to the terms of this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall in no way affect the right of such party hereafter to enforce the same, nor shall the waiver of any default 16 I. , , .~ '- . or breach of any provisions hereof be construed as a waiver of any subsequent default or breach of the same or similar nature, nor shall it be construed as a waiver of strict performance of any other obligations herein. 29. Severability: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under anyone or more of the paragraphs herein, with the exception of the satisfaction of the conditions precedent, shall in no way avoid or alter the remaining obligations of the parties. 30. Breach: If either party breaches any provision of this Agreement, the other party shall have 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. The party breaching this contract shall be responsible for payment of 17 I'~ 6:, . . reasonable legal fees and costs incurred by the other in enforcing their rights under this agreement. 31. Headinas Not Part of Aareement: Any heading preceding the text of the several paragraphs and subparagraphs hereof are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. IN WITNESS WHEREOF, the parties hereto have set their hands and seals this day and year first above written. g-,:l3-dOc:iJo:A C ~ Date Witness ~~LJ ~~ [.-; HARRY. . THOMAS, JR. c:.7 yJlgJ(l) ~~~QA4 ~ ~10!J)) ~ Witnes LESLEY J. HO S 18 ., .~, .~ . ~~~ , . _N. II, ,_,~ ,', I J.II~I!",... " o ~; ~~~~r,. [r.{~\'! ...;_. ~-; -;C;' r'~- ::"25: r::::r-:J ~:(') "':-c-' "'-:"'---' ';""C: -;T :::i. -< (2 1_.:'> 71) r:1 'cJ ('o,) 11II . o -n :P' :::~ _J -,; ::---n (-.:::~ -.., ~-h -0,,;8 ,.:~iS ~l~ .-.;;; ::g ~ -c: (> ...:! ~Ii!!!<,~\ii~IItJi~""~"RJt, OV_^~,~m , ~ < IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : No. 2000-2269 Civil Term v. HARRY D. THOMAS, JR., Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To The Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: I. Ground for divorce: Irretrievable breakdown under Section 330](c) of the Divorce Code. 2. Date and Marmer of service of the Complaint: Sent to Defendant on Aoril20. 2000 bv U.S. maiL oostage ore-oaid. certified/restricted deliverv. Received bv Defendant on April 22. 2000. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff, August 18. 2000; by Defendant, August 23. 2000. (b )(1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/ A (2) Date of filing and service of the Plaintiff's Affidavit upon Defendant: N/ A. 4. Related claims pending: All issues have been resolved by the Prooertv Settlement Agreement dated August 23. 2000. --"0/, , - , 5. Complete either paragraph (a) or (b). .. (a) Date and manner of service of the notice of intention to file Praecipe to Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 25. 2000. (c) Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: August 25. 2000. Plaintiffs Social Security Number: 187-48-2877 Defendant's Social Security Number: 168-60-4790 ~E~Wre LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 !.D. # 61900 '-f';;_ " ~ ~ .. - ,_ __.u~" . ~ ,~~~~-~,',~~ ',,",~". . .~ ..' ~ ~ ~"~~_... , '. (') 0 ~ c C) :s:: (/) --"* -orD p, ,:~r~:;g ~r~ .'U _I , ZC N ~~'.'i (J ~~ ~~:;1 C) ~O -0 .':-'-1-, ~o ::Ii:: ;] fT5 ~2 r::- bm ,.-l Z 0 :'I5 ~~ (hi '-< ~~~~O'~Cl;j\fo'F;;r~~Y!1'1jIJf"mtm',la5g~~~f""V""Il'ffi'~IlI\liJ.! .... IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : No. 00 - 6la<09 Civil Term v. HARRY D. THOMAS, JR., Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HA VE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, I 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 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 our WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 '&",>-~ "-'> ' . ",. , ~._,~ Le han demandado a usted a la corte. Si usted quiere defenderse en contra estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita 0 en persona 0 por abogado y archivar en la corte en forma escrita sus defensas 0 sus objeciones alas demandas en contra suya. Se has avisado que si usted no se defienda, la corte tomara medidas y puede entrar una orden contra usted sin previo aviso 0 notificacion y por cualquier que ja 0 alivio que es pedido en la peticion do demanda. USTED PUEDE PERDER DINERO 0 PROPIENDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI USTED NO TIENE 0 CONOCES UN ABOGADO, VA Y AEN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled Conference or Hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 (717) 249-3166 I I , I I I I i I 1""'1< , ,:-"',j ~.1IIIIIIIliiIil IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff N iJ-a r ;l'::U, <1 G;;J re....-. : o. v. HARRY D. THOMAS, JR., Defendant : IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE AND NOW comes LESLEY J. THOMAS, by and through her attorney, Maryann Murphy, Esquire of Legal Services, Inc., who respectfully avers as follows: 1. Plaintiff is LESLEY J. THOMAS whose current address is 36 Town Mills, Shippensburg, Cumberland County, pennsylvania. 2. Defendant is HARRY D. THOMAS, JR. whose current address is 105 East Orange Street, Shippensburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on June 16, 1995 Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for ~ ,3:"1 ,~," ,.'<< ~. - ~', "-,,,. . - ,- annulment between the parties. 6. Defendant is not a member of the Armed Forces of the United States of America or any of its Allies. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of marriage counseling and that she may have the right to request the Court to require the parties to participate in such counseling. Being so advised, Plaintiff does not request that the Court require the parties to participate in counseling prior to a Divorce Decree being handed down by the Court. 9. Plaintiff requests this Court to enter a Decree in Divorce from the bonds of matrimony. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 10. Plaintiff hereby incorporates by reference all of the averments contained in Count I of this Complaint. 11. Plaintiff and Defendant are the owners of real property, retirement benefits, and other personal property acquired during the marriage which are subject to equitable distribution by this Court. 12. Plaintiff and Defendant have been unable to agree as to ?3f! ',~ ., . ~--,,' - an equitable division of said property as of the date of the filing of this Complaint. 13. plaintiff requests this Court to equitably distribute the parties' marital property. WHEREFORE, Plaintiff requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. equitably distributing all property owned by the parties hereto; and c. for such further relief as the Court may determine to be equitable and just. Respectfully submitted, Maryann urphy, LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for Plaintiff "\!~ ~."~, , ,.'"' , 0'- ,~ AFFJ:DAVJ:T I, LESLEY J. THOMAS, verify that the statements made in the foregoing Complaint in Divorce 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. Lj/;;)Joo Da'te / ~~ LESLEY J. OMAS _,,:fijt, _0 . . .8I!lIII!i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : No. v. HARRY D. THOMAS, JR., Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Maryann Murphy, Esquire, do hereby certify that a true and correct copy of the within Divorce Complaint was mailed to the Defendant, HARRY D. THOMAS, JR., by first class U.S. mail, postage pre-paid, certified/restricted delivery, addressed as follows: Harry D. Thomas, Jr. C/o Tammy Diven 105 East Orange Street Shippensburg, PA 17257 Respectfully submitted, Maryann Mu hy, LEGAL SERVICES, 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 LD. # 61900 Attorney for Plaintiff ","".. . ,.--- ,. , ,- ~ u~n~Q. 1'I."l1ll~_~ . j ~ .' '~. ~. Jm'll~I"!1'~""", , ,', "^'~ ,. ~ o ~;;: -Oi,'/; ~'i~:'~ co '-"~ ~~ ~~'t} ~2 ~ ~- -l -< .. "" y\ c \ -;; -- '^' G> o ,-.... CJ '" liIii ~:? -..,,1l' ;"":} ~::,:j r',) ,:..i'"1 (J) ~:'~ ~~5 ._" ..,..",~~~"'J. "'~~ ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : NO. 00 - 'do. ~(P"l v. : IN DIVORCE HARRY D. THOMAS, JR., Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, LESLEY J. THOMAS, Plaintiff, to proceed in forma pauperis. I Maryann Murphy, Esquire, of Legal Services, Inc., attorney for the party proceeding in forma vauveris, certify that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~~Wre Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 (717) 243-9400 J.D. # 61900 Attorney for Plaintiff ~'W , . y__~ ,c" _^"',, ,-",,' - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CML ACTION - LAW LESLEY J. THOMAS, Plaintiff :NO. v. : IN DIVORCE HARRY D. THOMAS, JR., Defendant AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am LESLEY J. THOMAS, Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: LESLEY J. THOMAS Address: 36 Town Mills. ShiDDensbuIl!. PA 17257 (b) Social Security Number: 187-48-2877 If you are presently employed, state N/A Employer: N/A Address: N/A Salary or wages per month: N/A Type of work: N/A i ,"~,~, , ~ 0" ,_",,_. ,-' ~, "'"''7 ' c'~ >~ a If you are presently unemployed, state Date of last employment: 2/23/00 Salary or wages per month: $1300.00 Type of work: Industrial - labor (c) Other income within the past twelve months Business or profession: -0- Other self-employment: -0- Interest: -0- Dividends: -0- Pension and annuities: -0- Social Security benefits: -0- Support payments: -0- Disability payments: -0- Unemployment compensation and supplemental benefits: -0- Workman's compensation: -0- Public Assistance: -0- Other: -0- (d) Other contributions to household support NONE (Wife)(Husband) Name: N/A the parties are separated If your (husband) (wife) is employed, state Employer: N/A {'ol(IIii'OWIl! " ~ c <,,-, - \1 Salary or wages per month: N/A Type of work: N/A Contributions from children: -0- (e) Property owned Cash: $3.00 Checking Account: $5.00 Savings Account: -0- Certificates of Deposit: -o- Real Estate (including home): $3.000.00 (mobile home. ioint names) Motor vehicle: Make Ford Aerostar Year 1988 Amount owed Cost $1.000.00 Stocks; bonds: -0- Other: -0- (t) Debts and obligations Mortgage: Rent: Loans: -0- $170.00 $13.000.00 balance on all loans - cannot make payments at this time Monthly Expenses: $925.00 (g) Persons dependent upon you for support (Wife) (Husband) Name: N/A .~. " ,~, , ':'-",,,~-" ,'" ~, ~ ,- :;; Children, if any: Age:~ Name: Trevor 4. I understand that I have a continuing obligation to inform the court of improvement in my fmancial circumstances which would permit me to pay the costs incurred herein. 5. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904, relating to unsworn falsification to authorities. Date:# ~ LESLEY J. TH MAS "'t~ "- " " ~ -~ , - I I II Ii i' 11, "~ e .,,1JIN!' "" ~ n ~~, .1l1lll!l"1!lIlJHlllft~ ~. ~ ' r'---~ """ _,I'",'J!jij',~W1,i' fH~li. () c "'"I", f'~'; 'Z;7F!. c~~ ~,,-,. l~j, >,.c :~<. ~ -'. MNlJI~ c::> >.J r....:' IIIi ,- ~n , "'l""""" ",,,,~"~ - . Complei<l, 1 erMi.', .~liiz.AiS<ic6ml>l~i6 item ,4 if Restricted Delivery is desired. ~ \ Prin~ your name and address on the reverse .'~O th~t we can r~turn the card to you. . "Attach this card to the back of the mail piece, or on the front if space permits. 1. Article ,6:id!essed to: _y t. lho,IYlO-.-S) ~\,. (aJYI((){ .~ I veAl E(1~+ Ol--qAlae if .' ~ A llV\d ()..,('o' ~ '1~ 6 'I , , id-.f ~ D, 15 -d~liv' address dIfferent from item 1? If YES, enter delivery address below: o Agent o Addressee DYes o No 3:..~. ice Type ~~ertified Mail o Registered o Insured Mail o Express Mail o Return Receipt for Merchandise o C.O.D. . Restricted Delivery? ,C'l./.I'I, _. ".a!; '=""'ti"'"'!' il 102595-99-M-1789 t , [ I r I I I I I II II II [I II II i: Ii H Ii I: " ii !'~ , ", IlIII!II'!I "Jl!lflBlrllilll , , IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : No. 2000-2269 Civil Term v. HARRY D. THOMAS, JR., Defendant : IN DIVORCE AFFIDAVIT OF SERVICE I, Maryann Murphy, Esquire, depose and say: I. That I am an adult individual residing in Cumberland County, Pennsylvania. 2. That on April 20, 2000, I sent by U.S. first class mail, postage pre-paid, certified/restricted delivery, number 7099 3400 0004 5216 8112, a 330 I (c) Complaint in Divorce to the Defendant, HARRY D. THOMAS, JR., at the following address: Harry D. Thomas, Jr. . c/o Tanuny Diven 105 East Orange Street Shippensburg, P A 17257 3. That on April 22, 2000, the Defendant was served with the Complaint in Divorce as evidenced by his signature on the green card, number 7099 3400 0004 5216 8112, which is attached hereto. . Maryann M hy, Esquire LEGAL SERVICES, INC. 8 Irvine Row Carlisle, P A 17013 (717) 243-9400 !.D. # 61900 - , "" I~ 'O''''l\Ill!IIIIo. ....IJI:llIifilll\,~, l]"'!l!" """",_~~Mlf.~~", ~ """'-!IlI1J .. n 0 0 c: Cl ".. -" ""U -~ J) ----t EPlX' fT1 -~ 2m " ,~~;:;', 7T1 N . "'r c:73~ ::'pcq ~..:;:. .JQ ::.J 1. ;,:::0 CJ --Ie) ~o ~ ;J-jj ~o in Pc: c- com ~ .0 ~ -...I -< , ~,.,......IIMIP~ffiJI~'MVlI"'~-W"!~Itl-'I"~~~I'!~fflfl!jl~)W@W'1f'1!ljIllffilm!~Il'!!~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : No. 2000-2269 Civil Term v. HARRY D. THOMAS. JR.. Defendant : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 12,2000. 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. Section 4904 relating to unsworn falsification to authorities. 00 ~~lJ LESLEY J. T MAS . f''- -~ '-iJ I I I l C,. ..~...Jm .... '_" .... . .. ~i """""", ..<- '"-I"~ = ,,' o -0&: ~~~', (f) '"~--: r:;:( if' -.,,' ::::l -< 'I' -c.:~) C' E= GJ "", ~',,,;';';; ,. '. I;~;; 1"') eJ i;? ';......, (;:J ::g -- ~~~~~IM~~'~. ,~_ .. !!IIl!!!l!l1~ . , . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : No. 2000-2269 Civil Term v. HARRY D. THOMAS, JR., Defendant : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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. ~ n )OD Dat ~Q~ ~ ~01fYl(lD LESLEY J. T OM S ,.,",':f1 "- "~~" '1'''-- ~" ~ , "- ,e ",' .", ' , ,M!lIIQ!lI(!!!~1f.i'll\!!l!5l!ll r . III ." '!I!l' (') ~; ~~~~ ~;=: ~~'-.. ~~; 'S ~, '. - ",..'H' _.'''_, "r. ,"'.'", 25 c') .';.. ., :C:ll!I ~~ !'o.) (;;- ,-" ~r. () ~"J ~. "-)~L /5i~i:; :;;-1 ~5J -< ;:';) !+'\) Co ....~~!lj't-_~fiim(l'!!~~Qill!l'!fl_~..1f~, . L,~.~jl' . . , "- ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : No. 2000-2269 Civil Term v. HARRY D. THOMAS, JR., Defendant : IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 330 I (c) of the Divorce Code was filed on April 12,2000. 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. Section 4904 relating to unsworn falsification to authorities. J:A '3 . CJ-o Date ~. 0 n;~.h HA~ THOMAS, JR. t/ ~,;; ,~,-F' I, - "'.,[ < - $! , -" ,.," .,_' "H 1-1 ""-"'. . " C) C:;.'i- C '-.-.} :s::, }':'no -0 (.D rps:.:; ~.~~) 2: r' j',,} i: :!d :-~~: c.;': ,. r:::C::-' ~.'l J ~t~, - ' :.:; :.~~~~ "~~ C;, ~~) I , . Pc: '.-; Z :"'.J -=t;; =<! ::::! (;0 - ,~~ mllllpllllllll ~l!I!~~~lt!Ri!'lMIlll'fffl!lllW~i~~~_~!llf~~NI ~'~~"F" p:~~. .. . J. .., ,J IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : No. 2000-2269 Civil Term v. HARRY D. THOMAS, JR., Defendant : IN DIVORCE i I j i I i i , WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. 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! 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 ofthe 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. Ii 3;).3cOO Date 4~ 0 T)u,.v'N~c:f7 HARR . THOMAS, JR. ~,," ,'-.,0,",: ,'C" "," -, ~ -, '^-, ~'o' T_ ; ," ,~, ~ ",.' ..., ._ J ", o<~,., " mI.", ~ ~. () '-.' c. c> :;;: J,~ -0 IT: ':-S gJ~E ~r. r,:; ~~~~ c. r:::; C )>r~, ~8 i"'-...) ~ ~'.j ::Ci -< 0) -< l?'" "'m'. . ,", ";'_"~,,, ,,.,,.,,_ ~JJ'i:j''I1'~PI'm"'lMJ~'fI!!~"~,,~',,!I'lfl~lfii~~_ r _'li"~~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS Plaintiff v. No. 2006-2269 Civil HARRY D. THOMAS, JR., Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE OF COUNSEL To the Prothonotary: Please enter my appearance on behalf ofthe Defendant, Hatty D. Thomas, Jr. Dated: "^aJ G I LoQ-O ~ CJ. O~ David P. Perkins, Esquire MARK, WEIGLE AND PERKINS - ATTORNEYS AT LAW _ 126 EAST KING STREET _ SHIPPENSBURG, PA 17257_1397 "1~" '_ """" " 't' T," ~"' '---:,'.~, '~J 'C ,-';"",,- '-~ . ' ^.~ I'" -- ' '--, ',' , . , '" ~ 1!!JlI!!Illlll~.~~l'Il'1'~ ~n ,", ,,~__l ;("') c- ~? vm rlli--"~ z~j ~'~~~' ~c.) ;,~(). ,~C J>(-=- ~ - "~, 0-- - C) C) ~ -'-"'" -;;:: o --:n .... ..~ .'11;2: -,:,}rn {~~6 ',.i ?~ o ill j;! ~ _J :':J;,~ ;'V en r:ki],'fJ]l'tpi:lIW"~I~!~~.'-_"~,,,~^ ~~ ~~~. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW LESLEY J. THOMAS, Plaintiff : No. 2000-2269 Civil Term v. HARRY D. THOMAS, JR, Defendant : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, having been granted a Final Decree in Divorce on the 26& day of September, 2000, hereby elects to resume the prior surname of Lesley J. Bums, and gives this written notice pursuant to the provisions of 54 P.S. Section 704. Date: /D/;s/rm I I ~~e9~ COMMONWEALTH OF PENNSYLVANIA: : ss: COUNTY OF CUMBERLAND On the / ~ day of r1l4~ , 2000, before me, a Notary Public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand and official seal. JP~_:_' JJll'-rZ ~. . 'J NOTARIAL SEAL PATRICIA A.SHATTO, Nqtary Public Carlisle Boro, Cumberl~nd County My Commission ~~Plrlhlgeeember 17, 2001 :~--.~ . ~~ If'" ,I .' .- ~ (") ..:.::..')- -:b:::. j.J c ,2) ;gft ':::l "oj ~ :z: .. --'" '."j -- -0 t;,~," () Sl. c~,. c.) ll) -~ -"" fi' -., 2!: ~:-~:.' -,"' ~ :s )~\.._: C '-'\ '-'5 ::::: -." ::I .:,..) ~ , r~~,) () 5J VI ~ ", .m~ ~"'1-"",~~~;;~r-l1~J:!I"*lI'>ll'ffi1'JN'iI'1.-,,,\'wr~!'f~~!Ii'I!~~~~~'~i9j4'-'I.'ni~ijIffll'l~~1jt1ffi~!l!!ll