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Home My WebLink About03-5886LISA M. HARBILAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA TIMOTHY C. HARBILAS, Defendant : NO. ~ g -- o'/~'g-(,, CIVIL TERM : IN LAW - 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 relief requested in these papers by the Plaintiff. You may loose money or property or other rights important to you, including custody or visitation of your children. When the grounds 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, First Floor, Cumberland County Courthouse, 1 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland Connty Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 LISA M. HARBILAS, Plaintiff TIMOTHY C. HARBILAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Off- _ff"~tt(v CIVIL TERM 1N LAW - DIVORCE COMPLAINT IN DIVORCE AND NOW COMES the Plaintiff, LISA M. HARBILAS, by her counsel, William L. Grubb, Esquire, and complains of the Defendant, TIMOTHY C. HARBILAS, as follows: COUNTI COMPLAINT UNDER SECTION 3301 (c) OR 3301 (d) OF THE DIVORCE CODE 1. Plaintiff is LISA M. HARBILAS, who currently resides at 468 Rupley Road, Camp Hill, Wormleysburg Boro, Cumberland County, Pennsylvania. 2. Defendant is TIMOTHY C. HARBILAS, who currently resides at 468 Rupley Road, Camp Hill, Wormleysburg Boro, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August 31, 1986, at Camp Hill, Pennsylvania. parties. There have been no prior actions of divorce or for annulment between the 6. Neither party is in the Armed Services of the United States or its allies. 7. The marriage is irretrievably broken. 8. 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. 9. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff prays this Honorable Court to enter an Order dissolving the marriage between the parties. COUNT II EOUITABLE DISTRIBUTION 10. Plaintiff incorporates the allegations of paragraphs one (1) through nine (9) by reference as if set forth at length herein. 11. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of the parties hereto. 12. The Plaintiff and the Defendant have been unable, as of the date of this complaint, to agree as to an equitable division of said property. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property Respectfully submitted, Date: William L. Grubb, Esquire I.D. # 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 Attorney for Plaintiff VERIFICATION I, LISA M. HARBILAS, verify that the statements made in this document are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. Lisa M. Harbilas, Plaintiff CERTIFICATE OF SERVICE I, WILLIAM L. GRUBB, Esquire, certify that I have served a copy of the foregoing document on the individual listed below by depositing the same in the United States Mail, Certified, First Class, restricted delivery, postage prepaid, at Camp Hill, Pennsylvania: Timothy C. Harbilas State Restaurant 409 North 2nd. Street Harrisburg, PA 17101 Date: William L. Gmbb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 LISA M. HARBILAS, Plaintiff TIMOTHY C. HARBILAS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5886 CIVIL TERM IN LAW - DIVORCE PROOF OF SERVICE BY MAIL I hereby certify that a true and correct copy of the Complaint in Divorce filed in the above matter, was served on TIMOTHY C. HARBILAS by prepaid, first class, certified mail, return receipt requested, deliver to addressee only, at State Restaurant, 409 North 2nd Street, Harrisburg, PA, 17101, on November 7, 2003. Addressee acknowledged receipt of the same on November 10, 2003, as shown by the return receipt card attached hereto as Exhibit "A". I verify that the this document are true and correct. I understand that false statements herein are made subject to penalties of 113 Pa. C.S. ~ 4904, statements made in relating to unsworn falsification to authorities. Dated: William L. Grubb, Esquire I.D. 72661 3803 Gettysburg Road Camp Hill, PA 17011 (717) 763-5580 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired, · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpleca, or on the front if space permits, A. Received by (Please Pdnt C. Signature 1. Article Addressed to: 2. Arficie Number (Copy f~om service labeO -- -7000 /5'3o PS Form 3811, July 1999 Domestic Return Receipt If YES, enter delivery address below: [] Agent res E3 No 3. Service Type ~..Certlffed Marl r"l Express Mail [] Registered ~1 Return Receipt for Merchandise UI Insured Mail t-I C.O.D. 4. Restricted Deanery7 (Extra Fee) Exhibit "A" LISA M. HARBILAS, Plaintiff TIMOTHY C. HARBILAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA i NO.~,-.~"'88~ CIVIL TERM : IN LAW - DIVORCE AFFIDAVIT OF MARRIAGE COUNSELING LISA M. HARBILAS, 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. 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 that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. l understand that false statements herein are made subject to the penalties of Pa. C.S. §4904, relating to unswom falsification to authorities. Date: Lisa M. Harbilas, Plaintiff LISA M. HARBILAS, Plaintiff TIMOTHY C. HARBILAS, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : :NO.03-5886 CIVIL TERM :IN LAW - DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO: CUMBERLAND COUNTY PROTHONOTARY Kindly enter my appearance on behalf of the Defendant, Timothy C. Harbilas, in the above-referenced matter. Please serve all papers to me at the address below. Attorney I.D. #91451 170 Front Street Orwigsburg, PA 17961 (717) 576-1068 Attorney for Defendant CERTIFICATE OF SERVICE AND NOW, this /~ day of Decemhar, 2003, I, Rachel A. Wiest, Esquire, Attorney for Timothy C. Harbilas, hereby certify that ! served the within Praecipe for Entry of Appearance by mailing the same U.S. First Class mail to William L. Grnbb, attorney of record as follows: William L. Gmbb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 (Attorney for Plaintiff) ]~a~hel A. Wie~t, Esquire Attorney for Defendant LISA M. HARBILAS, Plaintiff TIMOTHY C. HARBILAS, Defendant :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : :NO. 03-5886 CIVIL TERM :IN LAW - DIVORCE DEFENDANT'S ANSWER TO PLAINTIFF'S COMPLAINT IN DIVORCE AND NOW, the Defendant, Timothy C. Harbilas, by and through his attorney, Rachel A. Wiest, Esquire, answers the Plaintiff's Complaint in Divorce, as tbllows: COUNT I 1. Admitted. 2. Admitted. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Denied. It is denied that the marriage between Plaintiff and Defendant is irretrievably broken. By way of further answer, Plaintiff and Defbndant have a long history together as they have been man'ied for 17 years and also have a child together. Defendant opposes the divorce and opines that resolution can be had between the parties. 8. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the troth of the allegations contained in this paragraph, and said allegations are therefore specifically denied. 9. Denied. After reasonable investigation, the Defendant is without knowledge or information sufficient to form a belief as to the troth of the allegations contained in this paragraph, and said allegations are therefore specifically denied. By way of further answer, the Defendant does not believe and/or agree that the parties' marriage is irretrievably broken. WItEREFORE, the Defendant respectfully requests this Honorable Court to dismiss the Plaintiff's Complaint with prejudice. COUNT II 10. Paragraphs 1 through 9, inclusive, are incorporated herein as though set forth at length. 11. Admitted in part, denied in part. It is denied that the only property, both real and personal, that has been acquired by the parties has been done during the course of the marriage. By way of further answer, the Defendant acquired both real and personal property prior to the marriage and should not be included as marital property. 12. Admitted. WHEREFORE, Defendant respectfully requests this Honorable Court to dismiss the Plaintiff's Complaint for Divorce with prejudice and therefore eliminate the need to equitably divide the property, both real and personal, owned by the parties hereto as marital property. In the event that this Honorable Court does enter an Order dissolving the marriage between the parties, the Defendant requests that the marital property be equitably divided. Respectfully submitted, Rachel A. Wiest, Esquire Attorney I.D. # 91451 170 Front Street Orwigsburg, PA 17961 (717)-576-1068 Attorney for Defendant VERIFICATION I, TIMOTHY C. HARBILAS, verify that the statements made in this document are tree and correct. I understand that false statements herein are made subject to penalties of 18 Pa. C.S. § 4904, relating to unswom falsification to authorities. Date: CERTIFICATE OF SERVICE I, RACHEL A. WIEST, Esquire, certify that I have served a copy of the foregoing document on the individual listed below, as by depositing the same in the United States Mail, Certified, First Class, restricted delivery, postage prepaid, at Harrisburg, Pennsylvania: William L. Grubb, Esquire 3803 Gettysburg Road Camp Hill, PA 17011 Rachel A. Wiest, Esquire 170 Front Street Onvigsburg, PA 17961