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HomeMy WebLinkAbout07-7302dk. doo.- TIMOTHY S. THOMPSON, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. :NO. 07--230 a ci-Y i t MARCIA IC THOMPSON, : CIVIL. ACTION - LAW Defendant : 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 Court House, One 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3155 TIMOTHY S. THOMPSON, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PA. VS. : NO. p 7- 7 3 4 CIV MARCIA K. THOMPSON, : CIVIL ACTION - LAW Defendant : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensac16n reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotry, en la Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALMIENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3155 TIMOTHY S. THOMPSON, Plaintiff vs. MARCIA K. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA. NO- 0-) - 734a. cry; I : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT UNDER SECTION 3301(c)OF THE DIVORCE CODE AND NOW, this a= day of N ov?"lxr 2007, comes the Plaintiff, Timothy S. Thompson, by his attorney, lane M. Alexander, Esquire, and files this Complaint upon a cause of action of which the following is a statement. 1. Plaintiff is Timothy S. Thompson, who currently resides at 1209 Indian Peg Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055. 2. Defendant is Marcia K. Thompson, who currently resides at 904 S. Market Street, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055. 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. The Plaintiff and Defendant were married on July 29, 1978 in Cumberland County, Pennsylvania. 5. There were two children born between the parties during the marriage, both of whom ire adults. 6- There have been no prior actions of divorce or for annulment between the parties. 7- The parties have not entered into a written agreement as to alimony, counsel fees, cost end property division. ! i 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. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. Respectfully submitted, ttorney for Plaintiff Y.D. No. 07355 48 South Baltimore Street Dillsburg, PA 17019 (717) 4324514 Verification I verify that the statements made in this Complaint in Divorce 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 unworn falsification to Date: 1( /a'7 /a o0-7 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF YORK S. S Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Timothy S. Thompson, who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before ne this a 114? day of N ov.e'Wtotir 2007 Notary Public COM "WEALTH OF PENNSYLVANIA Notarial Seal Narurnol Alexander, Notary Public D13burp Born, York county W CW niasion E*m Apr 7, 20i 0 Member, Pennsvivania Association of Notaries CD C--.1 rn W i 77 Cil -a x A- C?§o TIMOTHY S. THOMPSON, Plaintiff VS. MARCIA K. THOMPSON, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 07-7302 Civil : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 14 day of -b 2007 personally appeared Jane M. Alexander, Esquire who swears according to law, that a true and correct copy of a Complaint in Divorce was caused to be served by certified mail with return receipt requested upon the said, Marcia K. Thompson 904 South Market Street Mechanicsburg, PA 17055 On December 6, 2007 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. I cane M. Alexan&er, Esc?tCri Attorney I.D. #07355 (l 148 S. Baltimore Street Dillsburg, PA 170119-0421 (717) 432-4514 Sworn and subscribed before me this i44 ' day of ovy??v? , 2007. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal N mmnd AWmider, Notary R blic D xgBoro,YorkGou* W omvnissW Bow Apr. 7, 2010 Member. Pann4ndunnia AcRnrialign of Notaries TIMOTHY S. THOMPSON, Plaintiff VS. MARCIA K. THOMPSON, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA NO. 07-7302 Civil CIVIL ACTION - LAW IN DIVORCE r U.J. Postal Servico rFRTIFIED MAIL RECEIPT (Domestic Mail Only; No Insurance Coverage trrovraeu) -¦ --.._.....?.. ,.... u,nhcire of www.usos.com:.; -0 M M rn Cerdtled Fee 0 Q O ReWrn Redept Fee (Endorsement Required) Cf Restricted Delivery Fee U-) (Endorsement Rsqulred) rl- n r. ? ,eAF?, • Complete Items 1, 2, and 3. Also oomplete item 4 If Restricted DWlvwy Is desired. € ¦ Print your ileums and address on the reverse 3 so that we can Tatum the card to you. ; ¦ Attach this cmd to the hack of the mailpkrce, or on the frord a apace pem*& 1. Artl :lo Addressed to: S?ree.? 10+ S 6"'JIA M" W ? AI"wm CGS b wD ?-P? t-76557 0 Agent X ? Addressee by ( Printed Name) C. Date of Delivery D. dMwwt from 1? ? Yes E3 No W 10 2007 3. E3 F.Vrisse MON [] Registered Ream Roos" for Merchandise ? Imno Mem O C.O.D. 4. PAetric ted DetlveM Xxte Fee) 0?196 Ar11a1.MeriOer 7004 0750 0003 6356 8431 (naneAr Arern aerrM wsl PS Form 3811, Fi xuwy 2004 DonwWc Rseurn Rsosipt 102595. 2-WI540 C3 MafZ!;X J_' -TIA 0^ C3 -------------------------------------- -------------- -------------- - --- orPOeaxNo. z. 5-h'c? ab'§w.` «' ?J?uI,E?;,uic.sbw. FA Doss C co, 9t . ? t -c" I TIMOTHY S. THOMPSON, Plaintiff VS. MARCIA IC THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA NO. 07-7302 Civil CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on December 5, 2007. 2_ The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of 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. I verify that the statements made in the 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. Date: 11 106 ?'} h9 e,- ,? ;;? ??, -,-? ? tT`T -r'r ('?J ^,? ?' ?`??"- ,? ?..,. w ?? -. ?.,. ? "'' TIMOTHY S. THOMPSON, Plaintiff VS. MARCIA K. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA : NO. 07-7302 Civil : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE 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. 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 unworn falsification to authorities. Date: ??/ r? 7? 4 IT" TIMOTHY S. THOMPSON, Plaintiff VS. MARCIA IL THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA : NO. 07-7302 Civil : CIVIL ACTION -LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on December 5, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of 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. I verify that the statements made in the 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. Date: • /f// Marcia K. Thompson F4 ti co C-o fFr •v TIMOTHY S. THOMPSON, Plaintiff VS. MARCIA K. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA : NO. 07-7302 Civil : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE 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. 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 unworn falsification to authorities. Date: 3/ 19/0 Marcia K. Thompson i TIMOTHY S. THOMPSON, Plaintiff VS. MARCIA K. THOMPSON, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNA NO. 07-7302 Civil : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: was sent certified mail, restricted delivery and was served to the Defendant on December 10, 2007, 3. (Complete either paragraph (a) or (b)) a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff March 19} 2008 ; by defendant March 19, 2008 . b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing of the 3301(d) affidavit: (3) Date of service of the 3301(d) affidavit upon respondent: 4. Related claims pending: All claims are settled and satisfied by Marriage Settlement Ag eement dated March 19, 2008 signed by both parties. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to request entry of the divorce decree, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: March 2008. Date defendant's Waiver of Notice was filed with the Prothonotary: March4T. 2008. Date: mey for Plaintiff rney I.D. #07355 S. Baltimore Street ,bure_ PA 17019 (717) 432-4514 ' ' r s M TIMOTHY S. THOMPSON, Plaintiff VS. MARCIA K. THOMPSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNA : NO. 07-7302 Civil : CIVIL ACTION -LAW : IN DIVORCE NIARMGE SETTLEMENT AGREEMENT THIS AGREEMENT made this tci4' day of Y AA rc-& 2008 by and between Timothy S. Thompson of 1209 Indian Peg Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "HUSBAND") and Marcia K. Thompson, of 904 S. Market Street, Mechanicsburg, Cumberland County, Pennsylvania 17055 (hereinafter referred to as "WIFE".) WITNESSE7W. WHEREAS, HUSBAND and WIFE were married on July 29, 1978 in Cumberland County, Pennsylvania. HUSBAND instituted an action in divorce to No. 07- 7302 Civil in the Court of Common Pleas of Cumberland County, Pennsylvania on December 5, 2007. The pleadings in the case requested dissolution of the marriage between the two parties and for such further relief that the Court may deem equitable and just; and WHEREAS, the parties have reached an agreement as to the settling of all matters relating to the divorce including disposition of all marital property. NOW, THEREFORE, in consideration of the promises and the mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties hereto, Page 1 of 7 A HUSBAND and WIFE, each intending to be legally bound, hereby covenant and agree as follows: 1. The parties intend to maintain separate and permanent domiciles and to live apart from each other. It is the intent and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other. 2. The terms of this Agreement and their effect have been fully explained to the HUSBAND by his counsel, Jane M. Alexander, Esquire. WIFE has been advised of her rights to seek counsel of her own and has chosen not to do so. The parties acknowledge that they have received independent legal advice from counsel of their choice and have been fully i informed as to their legal rights and obligations or have chosen not to do so. The parties understand the facts and acknowledge and accept this Agreement as fair and equitable. 3. The parties have attempted to divide their matrimonial property in a manner which conforms to a just and right standard, with due regard to the rights of each party. It is the intent of the parties that such division shall be final and shall forever determine their respective rights. The division of existing marital property is not intended by the parties to constitute in any way a We or exchange of assets, and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. 4. Neither party shall molest, harass, annoy, injure, threaten or interfere with the other party in any matter whatsoever. Each party may carry on and engage in any employment, profession, business or other activity as he or she may deem advisable for his or her sole use and benefit. Neither party shall interfere with the uses, ownership, enjoyment or disposition of any property now owned and not specified herein or property hereafter acquired by the Page 2 of 7 other. 5. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. 6. DEBTS OF THE PARTIES: It is mutually agreed and understood by and between the parties that all joint debts have been paid including open accounts, credit cards, and bank liabilities except as hereinafter set forth. 7. PERSONAL PROPERTY: As to all items of personal property which the parties have divided to their mutual satisfaction, henceforth, each of the parties shall own, have and enjoy independently of any claim or right of the other party, all items of personal property of every kind, nature and description and wherever situated, which are now owned or held by or which may hereafter belong to the HUSBAND or WIFE, with full power to the HUSBAND or the WIFE to dispose of same as fully and effectually, in all respects and for all purposes as if he or she were not married. Specific disposition of major items or personal property is as follows: 7.1) Bank accounts and credit cards: Each party has opened and maintained their own separate bank accounts since the time of separation. Neither party will make a claim against those funds. Page 3 of 7 40. Each party maintains their own credit cards and will be solely responsible for all debt thereon, if any. 7.2) Vehicles: a) HUSBAND shall receive possession, title, and sole ownership of the 1999 Dodge Pickup VIN 1B7KF2361XJ545177. b) WIFE shall retain possession, title, and sole ownership of the 1994 FORD EXPLORER VIN 1FMDU34X8RUB06390. 7.3) Household furnishings: The parties have divided the household furnishings to their mutual satisfaction. 7.4) Pensions: Stock options, Retirement funds, IItAs, Insurance: a) Neither party makes any claim against the other for these or similar funds. b) Each party shall be responsible for their own health, dental or other types of insurance as of date of divorce decree. 8. REAL ESTATE: 8.1) The Marital residence of the parties located at 1209 Indian Peg Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055 is and has been occupied by HUSBAND since date of separation. He has been and will continue to be responsible for all taxes, insurance, utilities and maintenance of the premises. WIFE agrees to transfer her interest in the property to HUSBAND within thirty (30) days of the execution of this agreement. HUSBAND agrees to pay to WIFE the sum of $115,000.00 for her equity in the property within thirty (30) days of the date of the decree. Page 4 of 7 8.2) Property located at 1197 Indian Peg Road, Mechanicsburg, Monroe Township, Cumberland County, Pennsylvania 17055: WIFE will convey her interest in said property to HUSBAND. HUSBAND agrees to refinance the loan on said property with Member 1" Federal Credit Union within thirty (30) days of the granting of the decree in divorce. The deed will be held in escrow until date of settlement. HUSBAND has been and will continue to be responsible for payment of all taxes, insurance, utilities and maintenance of the premises. 8.3) Property located at 904 S. Market Street, Mechanicsburg, PA 17055. HUSBAND will convey all his right title and interest in said property to WIFE within thirty (30) days of the execution of this agreement. WIFE resides in this property and has been and will continue to be responsible for payment of all taxes, insurance, utilities and maintain of the premises. 9. SPOUSAL SUPPORT/ALIMONY: Neither party has or will make claim for spousal support and/or alimony. 10. BANKRUPTCY: The parties hereby agree that the provision of the Agreement shall not be dischargeable in bankruptcy and expressly agree to reaffirm any and all obligations contained herein. In the event a parry files such bankruptcy and pursuant thereto obtained a discharge of any obligations assumed hereunder, the other party shall have the right to declare this Agreement to be null and void and to terminate this Agreement in which the division of the parties' marital assets and all other rights determined by this Agreement shall be subject to court determination the same as if this Agreement had never been entered into. Page 5 of 7 11. STATUS OF SETTLEMENT: The property settlement as provided herein between the parties shall be considered an equitable distribution of marital property and both parties waive any and all rights or claims which they may have been entitled to raise with respect to the issue of equitable distribution under the Provisions of the Pennsylvania Divorce Act. 12. The parties agree that simultaneously with the signing of this Agreement they will sign the necessary affidavits of consent and affidavits acknowledging notice of marriage counseling in order to conclude the divorce action filed by WIFE under the no-fault provisions of the Pennsylvania Divorce Act. 13. The waiver or unenforceability of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered to be a waiver of or forfeiture of right to enforce any other term, condition, clause or provision of this Agreement. 14. This Agreement shall be construed and interpreted according to the laws of the Commonwealth of Pennsylvania. 15. It is understood and agreed that the heirs, administrators, executors and assigns of the parties hereto shall be bound by all the terns, conditions, clauses and provisions of this Agreement. I7V W17WESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written, intending to be lel 'age 6 of 7 WITNESS BY: Marcia K. Thompson Defendant COMMONWEALTH OF PENNSYLVANIA : . S.S. COUNTY OF YORK On this, the j day of ` ArI , 2008, before me the undersigned officer, a Notary public, in and for said Commonwealth and County, personally appeared Timothy S. Thompson and Marcia K. Thompson known to me (or satisfactorily proven) to be the persons whose names are subscribed to the foregoing Marriage Settlement Agreement and in due form acknowledged that they executed the same for the purpose therein contained and desired the same to be recorded as such. WITNESS my hand and notarial seal the day and year aforesaid. GCSIyiIWIONWEALTH OF PENNSYLVANIA WOW SOWS Narumol Alexander, Notary Public i alls M Boro, York County My Commission Expires Apr. 7, 2010 U!Rmhar. Pennsvlvania Association of Notaries Notary Public My Commission Expire: a -7r 20(0 Page 7 of 7 72 7,Z r7 iTI ..Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. TIMOTHY S. THOMPSON VERSUS MARCIA K. THOMPSON N 0. 07-7302 Civil DECREE IN AND NOW, DECREED THAT AND DIVORCE ?-016 's-61.44. IT IS ORDERED AND TIMORHY S. THOMPSON MARCIA K. THOMPSON ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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; PROTHONOTARY -?? ??????? ?. ?? - ? .? .? ? ? , ??; '?