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HomeMy WebLinkAbout07-58500 EVELYN T. KNULL, Plaintiff v. THOMAS DOUGLAS KNULL, Defendant IN THE COURT OF COMMON PLEA5 OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, at the Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17413 ~ 4 (717) 249-3166 FO JO PH D. CAR~IOLO; ESQUIRE 1 Market Street, Sixth Floor isburg, Pennsylvania 17101 H: (? 17) 236-9391 ID: 90919 EVELYN T. KNULL, Plaintiff v. THOMAS DOUGLAS KNULL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTIONS 3301(c) OR 3301(d) OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Evelyn Knull, by and through her attorneys, Joseph D. Caraciolo, Esquire and Foreman & Foreman, P.C., and makes the following Complaint in Divorce and, in support thereof, avers as follows: 1. The Plaintiff, Evelyn Knull, is an adult individual who currently resides at 110 Media Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Thomas Douglas Knull, is an adult individual who currently resides at 1930 Good Hope Road, Enola, Cumberland County, Pennsylvania 17025. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married by formal ceremony on March 3, 2004 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. At the appropriate time, Plaintiff will submit an affidavit alleging that the parties have been living separate and apart for a period of at least two years. 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. This action is not collusive. WHEREFORE, the Plaintiff, Evelyn Knull, respectfully requests this Honorable Court to enter a decree of divorce in this matter. COUNT I -EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) are incorporated herein by reference. 11. Plaintiff requests the Court to equitably divide, distribute or assign the marital property between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to § 3502(a) of the Divorce Code. COUNT II -REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(A) AND 3702 OF THE DIVORCE CODE 12. The prior paragraphs, one (1) through eleven (11) of this Divorce Complaint. are incorporated herein by reference thereto. 13. Plaintiff is unable to sustain herself during the course of litigation. 14. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 15. Plaintiff requests the Court to enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an award of alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701(a) and 3702 of the Divorce Code. COUNT III -REQUEST FOR COUNSEL FEES 16. The prior paragraphs, one (1) through fifteen (15) of this Divorce Complaint are incorporated herein by reference thereto. 17. By reason of this action, Plaintiff will be put to considerable expense in the preparation of her case, the employment of counsel and the payment of costs. 18. Plaintiffs income is not sufficient to provide for her reasonable needs and to pay her attorney's fees and the cost of this litigation. 19. Defendant has adequate earnings and income to pay Plaintiff s counsel fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order for counsel fees. & F,,dREMA~Q, P.C. Date: U ~~" U r0 ~ D. C~RP~' LO, EE 11 Market Stree , ixth Floor rrisburg, PA 17101 17) 236-9391, I.D. #90919 ttornevs for Plaintiff VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my knowledge, EVELYN KNULL, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO.. THOMAS DOUGLAS KNULL, :CIVIL ACTION -LAW Defendant IN DIVORCE information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Dated: ,1 ~ 8 D Signature: ~, 1 ~. ~~ ~\ v ~ ^Q .~ ~ Q, ~,1; r~ ~~ r ; ~V ',T~ .~- T,., -~. ~o C,,~ ~ ~ ~' °~J c~