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HomeMy WebLinkAbout03-0276BARBARA HUMES, PLAINTIFF RONALD HUMES, DEFENDANT : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA .' : NO. O3-oQ"~].~o : CIVIL ACTION - DIVORCE NOTICE TO DEFEND AND CI~AIM 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 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, 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. CUMBERLAND COUNTY BAR ASSOCIATION TWO 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 of business before the Court. BARBARA HUMPS PLAINTIFF RONALD HUMES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW - DIVORCE COMPLAINT FOR DIVORCE UNDER SECTION 3301(A)(6), 3301(C) OR 3301(D) OF THE DIVORCE CODE, FOR EQUITABLE DISTRIBUTION OF THE MARITAL PROPERTY, ALIMONY PENDENTE LITE, AND ALIMONY, AND FOR CUSTODY OF THE PARTIES' MINOR CHILDREN TO THE HONORABLE, THE JUDGES OF THE SAID COURT: COMES NOW, your Plaintiff, BARBARA HUMES, by and through her attorneys, RICHARD C. GAFFNEY, ESQUIRE and SMIGEL, ANDERSON & SACKS, LLP who files the within Complaint against the Defendant for Divorce, Equitable Distribution of the Marital Estate, Alimony, Alimony Pendente Lite and Custody of the parties' minor children and who, in support thereof avers the following: COUNT I: DIVORCE 1. Plaintiff is Barbara Humes, who currently resides at 1008 East Coover Street, Mechanicbsurg, Pennsylvania, since on or about January 1999. 2. Plaintiff's Social Security Number is 213-86-8607. 3. Defendant is Ronald Humes, who currently resides at 1008 East Coover Street, Mechanicsburg, since on or about January 1999. 4. Defendant's Social Security Number is 183-52-8219. 5. 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. 6. The Plaintiff and Defendant were married on August 17, 1996, in Harrisburg, Pennsylvania. 7. There have been no prior actions of divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. There are children of the parties under the age of 18, namely: Michael Humes, D.O.B. January 6, 1999 and Alyssa Humes, D.O.B. March 9, 2000. 11. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome. 12. Plaintiff and Defendant have resided separate and apart since January 16, 2003. 13. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce pursuant to Section 3301(a)(6) of the Divorce Code or, in the alternative, upon Praecipe of a Party after more than ninety (90) days have elapsed from the date of service of this Compliant on the Defendant and after Plaintiff and Defendant have file affidavits of consent to the Divorce, under Section 3301(c) or, in the alternative, upon Praecipe of a Party after the Parties have lived separate and apart for more than two (2) years and after Plaintiff files an affidavit of consent to the Divorce, under Section 3301 (d) of the Divorce Code. -2- COUNT II: EQUITABLE DISTRIBUTION 14. Plaintiff repeats and realleges the averments of paragraphs 1 through 13, which averments are incorporated herein by reference thereto, as though they were fully set forth at length. 15. Plaintiff and Defendant possess real and personal marital property, which property is subject to equitable distribution by this Court. 16. WHEREFORE, Plaintiff requests this Court to equitably distribute the marital property after the Parties file their inventories and appraisements. COUNT III: ALIMONY 17. Plaintiff repeats and realleges the averments of paragraphs 1 through 16, which averments are incorporated herein by reference thereto, as though they were fully set forth at length. 18. Plaintiff requires support to adequately maintain her in accordance with the standard of living established during the marriage. 19. Plaintiff is the injured and innocent spouse. 20. Defendant has adequate income, funds and resources from which he can support himself and the Plaintiff. 21. WHEREFORE, Plaintiff requests the Court to award her reasonable alimony pursuant to Section 3701 of the Divorce Code. COUNT IV: ALIMONY PENDENTE LITE 22. Plaintiff repeats and realleges the averments of paragraphs 1 through 21, which averments are incorporated herein by reference thereto, as though they were fully set forth at length. 23. Plaintiff does not have adequate means with which to support herself during the course of this litigation. 24. Plaintiff does not have sufficient funds from which to pay counsel fees, costs or expenses incidental to this action. 25. Defendant has adequate income, funds and resources from which he can support himself and the Plaintiff. 26. Defendant's employer provides Defendant with health insurance, which policy also covers benefits for Plaintiff. 27. WHEREFORE, Plaintiff requests the Court to award her reasonable alimony pendente lite, counsel fees, costs and expenses, and Order the Defendant to maintain her on his health insurance policy. COUNT V: CUSTODY 28. Plaintiff repeats and realleges the averments of paragraphs 1 through 27, which averments are incorporated herein by reference thereto, as though they were fully set forth at length. 29. Plaintiff is the Mother of, and Defendant is the Father of, two minor children (collectively referred to hereinafter as the "Children"), as follows: a. Michael Humes, age 4 (D.O.B. 1/06/99); and b. Alyssa Humes, age 2 (D.O.B. 3/9/00). 30. The Children were not bom out of wedlock. 31. The Children are presently in the custody of the Plaintiff. -4- 32. Since their dates of birth, the Children have resided with the Plaintiff and Defendant at the following address: 1008 East Coover Street, Mechanicbsurg, Pennsylvania. 33. The Plaintiff, Barbara Humes, is the mother of the Children. She resides as set forth above. 34. The Defendant, Ronald Humes, is the father of the Children. He resides as set forth above. 35. The relationship of the Plaintiff to the Children is that of mother. She currently resides with the following persons: a. Ronald Humes, Defendant herein. b. Michael Humes, age 4 (D.O.B. 1/06/99), son; and c. Alyssa Hurnes, age 2 (D.O.B. 3/9/00), daughter. 36. The relationship of the Defendant to the Children is that of father. He currently resides with the following persons: a. Barbara Humes, Plaintiffherein. b. Michael Hurnes, age 4 (D.O.B. 1/06/99), son; and c. Alyssa Humes, age 2 (D.O.B. 3/9/00), daughter. 37. Plaintiff has not participated as a party or witness, or in any other capacity, in litigation concerning custody of the Children in this or in any other court. 38. Plaintiff does not know of any person not a party to this proceeding concerning the Children pending in a court of this Commonwealth or in any other state or commonwealth. 39. Plaintiff does not know of any person not a party to this proceeding who has physical custody of the Children or claims to have custody or visitation rights with respect to this proceeding. -5- 40. The best interests and permanent welfare of the Children will be granted by granting the relief requested because: a. Plaintiff has been the primary care-giving parent for the Children's entire lives. b. Plaintiff is the parent who is more capable of providing the Children with a warm, loving, nurturing environment. c. Plaintiff is the parent who is more capable of providing the Children with a stable and secure environment. 41. Each parent whose parental rights to the Children have not been terminated and the person having physical custody of the Children have been named as parties to this action. 42. Defendant has, on several occasions, threatened Plaintiff with physical abuse. 43. Defendant has, on several occasions, threatened to remove the Children from the Plaintiff to an undisclosed location, which location may be outside of the jurisdiction of this Court. 44. Plaintiff is concerned for her safety and for the safety of the Children. 45. Plaintiff plans to relocate herself and the Children to a safe location within the jurisdiction of this Honorable Court. 46. Plaintiff desires that her new address not be disclosed for reasons of her safety and the safety of the children. 47. Plaintiff has provided to Defendant a telephone number so that Defendant may contact the Children. 48. Until the Court enters an Order for Custody, Plaintiff will make the Children available at a -6- neutral, safe location so that Defendant can exercise reasonable periods of supervised visitation. 49. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order providing that: a. Plaintiff and Defendant shall share legal custody; b. Plaintiff shall enjoy sole physical custody; and c. Defendant shall be allowed periods of supervised visitation, as the Parties. WHEREFORE, Plaintiff respectfully prays this Honorable Court for the following relief on the Counts set forth above: 1. Count I - Divorce: to enter a Decree in Divorce pursuant to Section 3301(a)(6) of the Divorce Code or, in the alternative, upon Praecipe of a Party after more than ninety (90) days have elapsed from the date of service of this Compliant on the Defendant and after Plaintiff and Defendant have file affidavits of consent to the Divorce, under Section 3301(c) or, in the alternative, upon Praecipe of a Party after the Parties have lived separate and apart for more than two (2) years and after Plaintiff files an affidavit of consent to the Divorce, under Section 3301 (d) of the Divorce Code. 2. Count II - Equitable Distribution: to equitably distribute the marital property after the Parties file their inventories and appraisements. 3. Count III - Alimony: to award her reasonable alimony pursuant to Section 3701 of the Divorce Code. 4. Count IV - APL, Fees & Costs: to award her reasonable alimony pendente lite~ counsel fees, -7- costs and expenses, and Order the Defendant to maintain her on his health insurance policy. Count V - Custody: to enter an Order providing that Plaintiff and Defendant shall share legal custody; that Plaintiff shall enjoy sole physical custody; and that Defendant shall be allowed periods of supervised visitation, as the Parties may agree. SMIGEL, ANDERSON & SACKS Dated: January l6,2003 Richard C. Gaffney, Es~e x~ Supreme Court I.D. #63313 4431 NORTH FRONT STREET HARRISBURG, PA 17110-1709 Telephone: (717) 234-2401 ATTORNEYS FOR PLAINTIFF -8- VERIFICATION 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. Date: /'~,//~ ~_~ Barbara Humes, Plaintiff ~~ \~ V~~ ~v ~ ~~ +' V {~ r ^ ~ ~ P n ~ oF~' ~ A~ J ', ~0(~ ~-/' __, ~-, oy ti~ ~J ~°...i ~'.: ~~ ~-&= `; ~;~" ~~ :V ~_? f~ BARBARA I~UMES RONALD H~MES, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-276 - CV-DV CIVIL AC. TION - LAW - DIVORCE Richar attorney for th 1008 East Co( in Divorce, du that on Wedm Divorce as evi the within Afl Sworn t~and this ~.1~'i~ day ~'~blic My commissi~ Am~L. My {~3mmission AFFIDAVIT OF SERVICE :1 C. Gaffney, being duly sworn according to law, deposes and says that he is the Plaintiff in the above-captioned action; that the: defendant personally received, at /er Street, Mechanicsburg, Pennsylvania, a true and correct copy of the Complaint ly endorsed with a Notice to Defend, by certified[ mail, return receipt requested; sday, January 22, 2003, Defendant did personally receive said Complaint in lenced by the signed Return Receipt attached hereto; and that the facts set forth in ~avit are true and correct to the best of his information and belief. subscribed before me of ~tlC}[l~ 2003. ,n expires: q-lB45149 Richard (~. Gaffney, ~ut~e Attorney fbr Plaintiff · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. [] Agent · Print your name and address on the reverse [] Addressee So that we can return the card to you. Received by (Printed Name) C. Date of Delivery · Attach this card to the back of the maiipiece, or on the front if space permits. II D. Isdehveryaddressdlfferentfr0miteml? r-lYes t,.~)~\ a Article Address~d to: ~'~('~.--~ .--~ II If YES, enter delivery address below:~'~' []No 1. ~Certified Mail ,,~t~xpress Mail [ ~ LJ'Registered ~Return Receipt for Merchandise I 4. Restricted Delivery? (Extra Fee) ~Yes 2. Article Number (rransferf~omse~viceebe/) 7Drli!! D&i=D BDD7 8=i=!1~ ~.~tB'l, PS Form 3811. August 2001 Domestic Return Receipt 102595-02-M-1035 -///Augus 27, 2003 2 53 PM BARBARA HUMES, PLAINTIFF V. RONALD HUMES, DEFENDANT IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-276 CIVIL ACTION - LAW - DIVORCE PRAECIPE TO DISCONTINUE TO THE PROTHONOTARY: Pursuant to Pennsylvania Rule of Civii Procedure No. 229(a), please mark the above- captioned matter as settled and discontinued. SMIGEL, ANDERSON & SACKS, LLP Richard C. Gaffney, Jr. I~'~Esquire Supreme Court ID# 63313 4431 North Front Street Harrisburg, PA 17110-1223 Telephone: (717) 234-2401 Attorneys for Plaintiff BARBARA HUMES, : PLAINTIFF : V. : RONALD HUMES, : : DEFENDANT : IN THE COURT OF COMMONS PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-276 CIVIL ACTION - LAW - DIVORCE C~ERTIFICATE OF SERVICF~ I, Richard C. Gaffney, Esquire, attorney for the Plaintiff in the above-captioned matter, do hereby certify that I served a true and correct copy of the Praecipe to Withdraw Complaint by depositing same in the U.S. Mail, first class, postage prepaid, on the 27th day of August, 2003, addressed as follows: Ronald Humes 1008 East Coover Street Mechanicsburg, PA 17055 SMIGEL, ANDERSON & SACKS, LLP R~chard C. Gafl~e~squire Supreme Court I.D. #63313 4431 North Front Street Harrisburg, PA 117110 Telephone: (717) 234-2401 Attorneys for Plaintiff