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HomeMy WebLinkAbout99-03853?1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF - PENNA. DAVID A. THOMAS, Plaintiff No. 99-3853 CIVIL TERM VERSUS PENNY SUE THOMAS Defendant DECREE IN DIVORCE AND NOW, i\)(?? -1-4 , 2000 , IT IS ORDERED AND DECREED THAT ` DAVID A. THOMAS , PLAINTIFF, AND PENNY SUE THOMAS ARE DIVORCED FROM THE BONDS OF MATRIMONY. , DEFENDANT, 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. The Post-Nuptial Agreement dated November 15, 2000 is hereby incorporated but not merged into this Decree. /11-1 BY THE COURT: ATTEST: 11?1 L- ^ J NOTARY /l• a.? c? ?r,? tZ? su? ? ?L ??? POST-NUPTIAL AGREEMENT THIS AGREEMENT made and entered into this is day of A0IlE/tl?t , 2000 by and between: DAVID A. THOMAS, party of the first part, (hereinafter "Husband"), AND PENNY SUE THOMAS, party of the second part, (hereinafter "Wife"). WITNESSETH: WHEREAS, Husband and Wife (collectively referred to herein as "the parties") were married to each other on August 8, 1992 in Cumberland County, Pennsylvania; WHEREAS, the parties hereby have accumulated certain assets and property during their marriage; WHEREAS, certain differences have arisen between the parties, as a consequence of which they have heretofore separated and now live separate and apart from each other; WHEREAS, on June 24, 1999 Husband commenced an action in Divorce docketed to No. 99-3853 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania (hereinafter referred to as the "Divorce Action"); LAW OFFICES SNELBAKER. BRENNEMAN & SPARE WHEREAS, the parties agree that their marriage is irretrievably broken; WHEREAS. the parties acknowledge that each has had the full opportunity to be advised independently and represented by separate counsel concerning their respective rights, duties and obligations arising out of their marital status; and WHEREAS, the parties having a full opportunity to be so advised of their respective rights, duties and obligations arising out of their marital status, and each having a full opportunity to investigate and evaluate assets, liabilities and all other aspects of each other's property and theirjointly owned assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW THEREFORE, in consideration of these presents and the mutual covenants, promises, terms and conditions hereinafter set forth and to be kept and performed by each party hereto, and intending to be legally bound hereby, the parties mutually agree as follows: 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated by reference herein in their entirety. 2. DECLARATION AS TO ASSETS AND WAIVER OF EVALUATION. The parties declare and agree that they have, prior to the execution of this Post-Nuptial Agreement, voluntarily agreed to divide and have physically divided and distributed between themselves all assets which they acquired during their marriage, whether or not said property is or would be deemed to be marital property under Pennsylvania Divorce Code and subject to equitable distribution. The parties further declare and agree that prior to the execution hereof, they have LAW OFFICES SNELaAKER, voluntarily distributed between themselves all assets and property which each brought with them BRENNEMAN & SPARE into their marriage. The parties declare and acknowledge that they are fully aware and familiar with all assets and property that each have brought into the marriage and that have been obtained or acquired separately orjointly by them during the course of their marriage and therefore waive any evaluation thereof. Each party expressly releases the other of and from any and all right of equitable distribution or claims to assets and property of any kind or nature whatever possessed by the other party. 3. DIVISION OF LIABILITIES. The parties declare and agree that they have divided and allocated between themselves all debts and liabilities, whether or not incurred by them during the course of their marriage. 4. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of their separation, March 1997, shall be the sole and separate liability and responsibility of the party incurring the obligation and each party agrees that he/she will not incur or attempt to incur any obligations for or on behalf of the other party and will indemnify and hold harmless the other party of and from any and all liability arising from such future obligation. 5. COUNSEL FEES. Each party to this Post-Nuptial Agreement shall be responsible for paying his or her own counsel fees and related costs associated with the processing of the Divorce Action and the negotiation, execution and consummation of the provisions of this Post- Nuptial Agreement. 6. RELEASE OF SUPPORT AND RIGHTS UNDER DIVORCE CODE. Each party LAW OFFICES SNELBAKER. BRENNEMAN & SPARE waives and forever releases the other party of and from any and all claims which either may have against the other for spousal support and for all claims which either may have against the other by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitable distribution of marital property, counsel fees, costs and expenses, except that the performance of any obligation created hereunder may be enforced by any remedies under the Pennsylvania Divorce Code. 7. DIVORCE. The parties agree to terminate their marriage by mutual consent without counseling and each agrees to execute the necessary affidavits and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action. 8. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, causes of action or suits at law or in equity of whatsoever kind or nature, for or because of any matter or thing done, omitted or suffered to be done by such other party prior to the date hereof, except that this release shall in no way exonerate or discharge either party from the obligations and promises made or imposed by reason of this Agreement. 9. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Post-Nuptial LAW OFFICES SNELBAKER. BRENNEMAN & SPARE Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings tinder the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate order of court to be entered in the Divorce Action, but this Agreement shall not be merged into said order or decree in divorce. 10. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be determined to be requisite and necessary to effect the purposes and intention of this Post- Nuptial Agreement. 11. VOLUNTARY EXECUTION. The parties declare and acknowledge that they have had the opportunity to have the provisions of this Post-Nuptial Agreement and their legal effect fully explained to them by independent counsel of his or her choice and each party acknowledges that this Post-Nuptial Agreement is fair 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 to the extent same has been requested by each of them. Husband is represented by Philip 1-1. Spare, Esquire of the law firm of Snelbaker, Brenneman & Spare, P.C. Wife has chosen not to retain an attorney. Wife agrees and acknowledges that she has not received any legal advice from Husband's attorney. LAW OFFICES 12. ENTIRE AGREEMENT. This Post-Nuptial Agreement contains the entire SNELBAKER. BRENNEMAN understanding of the parties and there are no representations, warranties, covenants or & SPARE undertakings other than those expressly set forth herein. The parties acknowledge and agree that the 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 the Pennsylvania Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 13. WAIVER. The waiver of any term, conditions, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 14. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 15. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purpose of convenience and shall not be resorted to for the purposes uw OFFICES of interpretation or construction of the text of this Agreement. SNELBAKER, BRENNEMAN & SPARE 16. EFFECTIVE DATE. This Agreement shall be dated and become effective on the date when executed by the latter of the two parties. 17. SPOUSAL SUPPOR"1'. Upon execution of this Agreement by Wife, Husband shall, through counsel, make a payment of $720.71 for spousal support and $52.81 for costs to Pa. SCDU, P.O. Box 69110, Harrisburg, PA 17106-9110 to clear up the arrears (as of 10/24/00) in the spousal support action docketed to No. 520 S 1997 in the Domestic Relations Section of the Court of Common Pleas of Cumberland County, Pennsylvania. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending to legally bind themselves and their respective heirs, personal representatives and assigns. WITNESSED BY: c -(SEAL) Davi A. Thomas LAW OFFICES SNEI.BAKER. BRENNEMAN & SPARE ACKNOWLEDGEMENT STATE OF PENNSYLVANIA) : SS. COUNTY OF CUMBERLAND) On this, the % S day of ti0j/CA b,,,,2000, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared DAVID A. THOMAS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. Notary Public No'adel Seel 8tNW L. Zych, Notary Public MBtllarYgbu?g Boro, Cumberland County My Corr Knlaslon Op as Nov. 24, 2003 P8fIR wive ASaodee0n of Nolarlm uw orncee SNELBAKER. BRENNEMAN a SPARE ACKNOWLEDGEMENT STATE OF PENNSYLVANIA) COUNTY OF CUMBERLAND SS. On this, the W l y of N,10,2000, before me, a Notary Public in and for the Commonwealth and County aforesaid, the undersigned officer, personally appeared PENNY SUE THOMAS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed the same for the proposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. 1'?z '<' Notary Public ? ?sel ???on? taaRber?yq hes Na!'f 2 SuBm L?nes°cmn°Ra?enes LAw OFFICES SNELBAKER. BRENNEMAN & SPARE ?- '? ,:? L ?? - ?; .. =? ?- -? ?J DAVID A. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 99-3853 CIVIL ACTION PENNY SUE THOMAS, Defendant : CIVIL ACTION - LAW IN DIVORCE PRAECIPE, TO TRANSMIT RE-CORD TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry ofa divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of Complaint: by personal service on Defendant on February 25, 2000 (see Acceptance of Service filed herein). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: November 15, 2000; by the Defendant: November 15, 2000. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: November 15, 2000; by the Defendant: November 15, 2000. 5. Related pending claims: None. SNELBAKER, BRENNEMAN & SPARE, P. C. Date: November 16, 2000 By: iAdj" Attorn s for Plaintiff LRW OFFICES SNELBAKER, BRENNEMAN & SPARE ?. -`; ,,, , ?:? ., '? >> ?? ,, - ?_ :- <:, c_, DAVID A. THOMAS, Plaintiff VS. PENNY SUE THOMAS, Defendant . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- NS-3 CIVIL ACTION CIVIL TERM - LAW . IN DIVORCE N 0 T I C E 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 for 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. 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 DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DECREE OF 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 UAW OFFICES SNELBAKER. BRENNEMAN SNELBAKER, BRENNEMAN & SPARE, P.C. & SPARE By: P4L?L Atto neys or Plaintiff DAVID A. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99- JP`)3 CIVIL TERM CIVIL ACTION - LAW PENNY SUE THOMAS, Defendant IN DIVORCE COMPLAINT 1. Plaintiff DAVID A. THOMAS, is an adult individual with an address of Post Office Box 214, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant PENNY THOMAS, is an adult individual with an address of 607 Geneva Drive, Apartment 14, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 8, 1992 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4, above. LAW OFFICES II SNELOAKER, 6. Neither party is a member of the armed forces of the 13RENNEMAN a SPARE 11 United States of America. 7. The marriage between the parties hereto is irretrievably broken. 8. The 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. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce under Section 3301(c) or 3301(d) divorcing Plaintiff and Defendant from the bonds of matrimony and to order such other relief as the Court deems just and reasonable. SNELBAKER, BRENNEMAN & SPARE, P.C. By: Phf1ijU H. L$pare, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Date: June ? q, 1999 Attorneys for Plaintiff David A. Thomas LAW OFFICES SNELBAKER. BRENNEMAN & SPARE -2- VERIFICATION I verify that the statements made in the foregoing Complaint 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. 1 Da d A. Thomas Date: P.T LAW OFFICES SNELBAKER. BRENNEMAN a SPARE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT DAVID A. THOMAS, being duly sworn according to law, deposes DAVID A. THOMAS, Plaintiff VS. PENNY SUE THOMAS, Defendant and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of IS Pa. C.S. § 4904 relating to unsworn falsification to authorities. LAW OFFICES z2 / A SNELBAKER. - David A. Thomas BRENNEMAN y? D (Plaintiff) & SPARE Date: (/? u01? tJu v,,Q /q477 M `?f z ?W a F N4 av i w E ro ? a O H a C H 0 1 y O F E" O o D U `^ 4 o 4 v i + W A Q E H 2 ' l o D 2 l H zz° u n W .FM1 =q J5 VID A. THOMAS, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff VS. PENNY SUE THOMAS, Defendant NO. 99-3803 CIVIL ACTION CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 24, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. 4. 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. LAW OFFICES SNELBAKER. Date: /S GC) - /Z- BRENNEMAN David A. Thomas & SPARE lC> t l?l i. U Cis VID A. THOMAS, VS. Plaintiff PENNY SUE THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 99.3853 CIVIL ACTION CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on June 24, 1999. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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. 4. 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. LAW OFFICES ' \>0 A A t \T SNELBAKER. Date: BRENNEMAN J Piny Sue Thomas & SPARE C? t i_. : '?,? 1 ., 1?_ !) :f! _ ??r -`? _? l:.. J :) ?? ??- C7 7 ?J (.J DAVID A. THOMAS, VS. Plaintiff PENNY SUE THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3853 CIVIL ACTION CIVIL ACTION - LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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. 4. I verify that the statements made in this affidavit are true and correct. I LAW OFFICES SNELBAKER. BRENNEMAN & SPARE understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ?Wao ,l-can/ David A. Thomas L ?? 1 tr, ?. =? i_ ? ? o i- . Q. f_)''. .f.J LU' - /. _ I I ?J ? 1 ?` f - -) ) DAVID A. THOMAS, Plaintiff VS. PENNY SUE THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3853 CIVIL ACTION CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) 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 1 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. 4. I verify that the statements made in this affidavit are true and correct. I LAW OFFICES SNELBAKER. 13RENNEMAN & SPARE understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: 1\ \15-<JY) nny Sue Thomas %= s? ?_?? - =_ _'? ? `? '> =- .. ?; ?._. _ _ ` , ?: ; ; '; , , ?? '' U • If DAVID A. THOMAS, Plaintiff VS. PENNY SUE THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3853 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE "W OFFICES SNELBAKER, BRENNEMAN a SPARE I hereby accept service of the above captioned Divorce Complaint. ran Sue as Date: V -a 5 ) ?- (7 i.. _._ .) '_I n I ? lL c . f'? l :7? CJ DAVID A. THOMAS, IN TIIE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 99-3853 CIVIL TERM CIVIL AC'T'ION - LAW PENNY SUE THOMAS Defendant IN DIVORCE PRAECIPE TO REINSTATE COMPLAIN'r TO: The Prothonotary, Kindly reinstate the Complaint in the above -captioned case. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: 946? Philip H. Spare, ,squire Pa. Supreme Court I.D. No. 65200 Attorney for Plaintiff Date: February 25, 2000 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE - ;' L DAVID A. THOMAS, Plaintiff VS. PENNY SUE THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO 99-3853 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT TO: The Prothonotary Kindly reinstate the Complaint in the above-captioned case. Date: August'01999 Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: 411i H. pare, Esquire Attorney for Plaintiff i LAW OFFICES SNELBAKER, BRENNEMAN & SPARE 3 .. ,-? N = y V ?? VID A. THOMAS, Plaintiff VS. SUE THOMAS, DO'endant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-3853 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO REINSTATE COMPLAINT The Prothonotary, Kindly reinstate the Complaint in the above-captioned matter. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. By: f .. A Philip par , Esquire Pa. Supreme Court I.D. No. 65200 Attorney for Plaintiff "w OFFICES SNELBAKER. BRENNEMAN & SPARE October 6, 1999 ? c ` ?- :; F _: ? . LC. ^? J O. .J Ul ?? i. I_.. L: ?:. i.! G ' C. ? t? CASE NO':' 19S,9-03853 P SHERIFF'S RETURN - NOT FOUND COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND THOMAS DAVID A VS. THOMAS PENNY SUE R. Thomas Kline , Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named defendant, to wit: THOMAS PENNY SUE but was unable to locate Her in his bailiwick. He therefore returns the REINSTATEED COMPLAINT/DIVORCE NOT FOUND , as to the within named defendant THOMAS PENNY SUE 9 ATTEMPTS WERE MADE AT SERVICE AT ABOVE ADDRESS DEFENDANT COULD NOT BE SERVED PRIOR TO EXPIRATION. Sheriff's Costs: So answer Docketing 18.00 Service 6.20 NOT FOUND RETURN 5.00 Surcharge 6.00 omas ine, ri $3 =. 09/29/ 4199, BRENNEMAN, SPARE Sworn and subscribed t before me this d9 a day of ?- 19 q' _ A.D. 42 biat, - V ro ono a y DAVID A. THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 99- 355 3 CIVIL TERM CIVIL ACTION - LAW PENNY SUE THOMAS, Defendant IN DIVORCE N 0 T I C E In'N •???.li n 11 I I IA, I'. R. ,INI MAN '?I •.Ull. in HELP. Cumberland County Bar Association 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 for 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the office of the Prothonotary at the Cumberland County Court House, Carlisle. 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 DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TH M. 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 E COPY FROM RECORD wnywhirred,,Ihere unto ?setMYhand SNELBAKER, BRENNEMAN & SPARE, P.C. sep al of said Cou at Carlisle, ta• 21Z? ay ' / By. c honotarlr Att neys for Plaintifl DAVID A. THOMAS, Plaintiff VS. FENNY SUE THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff DAVID A. THOMAS, is an adult individual with an address of Post Office Box 214, Mechanicsburg, Cumberland county, Pennsylvania. 2. Defendant PENNY THOMAS, is an adult individual with an address of 607 Geneva Drive, Apartment 14, Mechanicsburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 8, 1992 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other '•N LLIUV 111. 11ULN111 MAN ,k 5 •.in jurisdiction since the date of the marriage averred in Paragraph i i 4, above. 6. Neither party is a member of the armed forces of the 1 United States of America. 7. The marriage between the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is ',;W 1 nn1111. 13m IWI i,AI4 ?• '. il'f.l ?I available and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce under Section 3301(c) or 3301(4) divorcing Plaintiff and Defendant from the bonds of matrimony and to order such other relief as the Court deems just and reasonable. Date: June ,-?q , 1999 SNELBAKER, BRENNEMAN & SPARE, P.C. By: Phili H. pare, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 Telephone: 717-697-8528 Attorneys for Plaintiff David A. Thomas -2 VERIFICATION I verify that the statements made in the foregoing Complaint 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: azNp QLtyt?- I`nq Da 'd A. Thomas '•I II I IUhI If 1111(NNI MAN !1 '.1 •A 111 DAVID A. THOMAS, Plaintiff VS. PENNY SUE THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 99- CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT DAVID A. THOMAS, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject 1nw •n nclu .. '.NI 111AY.I.R. 11111 NNI'MAN !4 '. il'A II I: to the penalties of IS Pa. C.S. § 4904 relating to unsworn falsification to authorities. -? David A. Thomas n ND C' (Plaintiff) , Date: P? I ?1,?.,?.? ( I l .Sb OFFICE OF THE SHE?1FF ,f?, : ° Auc 23 1124 AM '99 PENN ?fLVANIA CIVIL ACTION Plaintiff VS. Defendant LAW File No. 7_?.-- IN DIVORCE NOTICE TO RESUME PRIOR SURNA24E Notice is hereby given that the Plaintiff /Defendant in the above matter, having been granted a Final Decree in Divorce on the --C--?L day of'?\\p\,I k9Q?,nV hereby elects to resume the prior surname of -It and e gives this written notice pursuant to the rovisions of 54 P.S. S 704. (`7 1 - ` ` "ter "rC7?0 DATF: ?ignature Signe name being re COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND On the - - day of -jrVw (?LLL l' _ , before me, it Notary Public, c, personally appeared the above affiant known to me to be the person whose name is subscribed lo the within document and acknowledged that he/she executed the foregoing for the purpose therein contained. sedI. IN '1'111•: COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA In Wi.Lnet:a: Whereof 1 have her'cunlo set. my hand and official No to . fAVIATA jlc CLAUDIAA.B WEAKER, NOTARY PUB] Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 0 ? -? ?e ,? ?; ?