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Home My WebLink About97-04423 ~ o 4.- ~ 4 i i ; , , t * i .) t'<l. ; ft..l ..... ! , . t it I ~ N I . V> >- ,'. -.. ~() l,:,> ~ .-: E-; 1-- 9 ~j.~ '11 -6 u.lrl <..,.- . ~):- '; () r() f'" ~ J:"' r "" ~ f: .::j )f. _1'"on .'T ..' tj) UJ"~~ - ,~j 4~ ~ --11.' . C" ~ '.!.'-;1 c.: :' ;:> "," ,t- ,.. ..... IJ. r- :J ~ 0 0" <J N --- ~) ~ ':.J "'\ "'0 ... -0;:) ........"^ ~~~ t:. l., r-O r-b .~:') ~~ c....< 0.... ... tJ U):Z:l&lo- ~<Uo- ~ >"".... ..:10 ~>->..:I l&l ~ en........ U z~c::I> "" l'J ~t:~tj !i? " .... i :: .;. I:l aci4~:~ >-< Ii::: :z: c....!;;..:I Ii" .... 081 ~~ <c !;; !I~ii f-o z ~i ~~S ... ., ~ g:z:t} ..... . .... l&l~< A.c.. .. cc! 8 H:i) 1:.....:1 ~ ~ ~- "'.... ~ :z:e> . ~ .... ....0 _ u:z: ... f-o == . AW.Ll'\ruI\a.u Ao... ..~'~~"Ttl GlJ.v.;;:,::''''" L~.{ ..,.... IT'61.....--- .LN'V'1dVCg . \f2"~' '1" Q!:J 1> ..' . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER P. FUTATO, ) Plaintiff ) 'l? - 4/(J ) ) v. ) NO. CIVIL ~ ) TIMOTHY D. FUTATO, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE NOTICE TO DEPEND 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 divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counselling. A list of marriage counsellors is available in the Office of the Prothonotary, CUmberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 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 CUmberland County Courthouse Court Administrator, 4th Floor 1 Courthouse Square Carlisle, PA 17013 Telephone: (717) 240-6200 AMERICANS WITH DISABILITIES ACT or 1990 The Court of COlIllllOn Pleas of CUmberland County i. required by law to coaply with the Americans with Disabilities Act of 1990. For inroraation about accesaible racilities and reasonable accomaodationa available to disabled individuals havinq bUsiness before the court, ple.s. contact our office. All arranq...nt. must be ude at least n hours prior to any hearinq or bUsine.. before the court. You Ilust attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA HEATHER P. FUTATO, ) Plaintiff ) ) v. ) NO. r; ]. 'I ~ f) " CIVIL 1997 ) TIMOTHY D. FUTATO, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE COKPLAIrrr IN DIVORCB AND NOW comes Plaintiff, Heather P. Futato, by and through her counsel, Howett, Kissinger & Miles, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Heather P. Futato, an adult individual who currently resides at 6108 Stephens Crossing, Mechanicsburg, CUmberland county, Pennsylvania, 17055. Z. Defendant is Timothy D. Futato, an adult individual who currently resides at 6108 Stephens Crossing, Mechanicaburg, CUmberland County, Pennsylvania, 17055. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six (6) DOnths iamediately preceding the filing of this Coaplaint. 4. plaintiff and Defendant were aarried on November 4, 1978, ln Greencaatle, Pennaylvanla. 5. Neither Plaintiff nor Oefendant i. in the ailitary or naval .ervice of the United State. ot it. allle. within the provi.ion. of the Soldier.' and Sailor.' civil Relief Act of the Conqre.. of 1940 and its ...nd..nta. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised that counselling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counselling. COUNT I - DIVORCE PURSUANT TO ~33011cl or ldl OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to ~3301 of the Divorce Code. COUNT II - EOUITABLE DISTRIBUTION 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY AND ALIMONY PENDENTE LITE 12. The prior paragrapha of thia Coaplaint are incorporated herein by reference thereto. 2 13. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment and requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 14. plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT IV - COUNSEL FEES. EXPENSES AND COSTS OF SUIT 15. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff has retained an attorney to bring this action and has agreed to pay him a reasonable fee. 17. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 18. Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearinq and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. ) IN THE COURT OF COMMON PLEAS OF CUMBERr~D COUNTY, PENNSYLVANIA HEATHER P. FUTATO, ) plaintiff ) ) v. ) NO. 97-4423 CIVIL TERM ) TIMOTHY D. FUTATO, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PRAECIPE TO THE PROTHONOTARY: Please reinstate the Complaint in Divorce filed with this Court on August 14, 1997. Respectfully submitted, Date: Ie -~v-q'l ~ ~ "..'../' .' ~- /' ,...--......:.- ,,-- J*' _ ", ./ ',1~- - ~ /~ Donald T. Kissinge~squire HOWETT, KISSINGER' MILES, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: 717/234-2616 Counsel for Plaintiff Heather P. Futato - IN TIlE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACT!ON - LAW DIVORCE NO. 97-4423 rLrQ-S';!~~'ii\'l{ C,. -- -~ ..-; . - - ,~', - ' . n'''' "': LO ail ra'l - -\ \ Ii oJ . HEATIlER P. ruTATO, Plaintiff , ,~, '1o.fi'{ . ";.-' '-t\"'''wo'' C1 'L,,~~-'__ ",",,;l\.;'," -- ..,..... \~~..,...1 VP. \'t\ rc;',v,,J.'" v. TIMOTHY D. ruT A TO, Defendant PRAECIPE FOR WITIlDRAWAL AND ENTER APPEARANCE : lAW omtU Of H01uI,n, KISSINGER a MlUUJ. nc. 1J4I WALN\lT SUnT I'OSf OffIClllOlL "' K_'au. ...-ny.ullA Ill~