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HomeMy WebLinkAbout04-0819JESSICA A. THOMPSON, CLINT E. THOMPSON, Plaintiff, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. t~/.J - oOi 9 IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS Mr. Clint E. Thompson 320 South Penn Street Shippensburg, PA 17257 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 fights important to you. When the ground for 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, 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 COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, Pennsylvania 17013-3387 PHONE: (717) 249-3166 JESSICA A. THOMPSON, CLINT E. THOMPSON, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOC * NO. IN DIVORCE COMPLAINT UNDER 15 3301 OF THE DIVORCE CODE 1. Plaintiffis Jessica Ann Thompson who currently resides at 148 Meadow Drive, Shippensburg, Cumberland County, Pennsylvania, 17257. 2. Defendant is Clint E. Thompson who currently resides at 320 South Penn Street, Shippensburg, Cumberland County, Pennsylvania, 17257. 3. Plaintiffhas been a bonafide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on July 13, 2002. 5. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers and Sailors Civil Relief Act of the Congress of 1940 and Its Amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiffhas been advised that counseling is available, and that Plaintiffmay have the fight to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there was one child bom of the marriage under the age of 18: Dreshawn Thompson, DOB: 7/14/03. thereto. 10. 11. COUNT I REQUEST FOR A NO-FAULT DIVORCE UNDER .~ 3301(c} OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiffbelieves that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divome after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divome pursuant to § 3301(c) of the Divorce Code. 12. thereto. 13. 14. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER .~ 3301(d} OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken. The parties have been living separate and apart since September 30, 2003; and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to § 3301(d) of the Divorce Code. Respectfully submitted, METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Date: Andrew C. Spears Supreme Court I.D. No. 87737 3211 North From Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff VERIFICATION I, Jessica A. Thompson, verify that the statements made in the foregoing Complaint for Custody are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unswom falsification to authorities. JESSICA A. THOMPSON, CLINT E. THOMPSON, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-819 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code was filed on February 25, 2004 and served upon Defendant on March 6, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed fi:om the 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 Entw of the Decree. I verify that the statements made in this Affidavit are tree and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. 'hompson - ~' - ' 306480-1 JESSICA A. THOMPSON, Plaintiff, CLINT E. THOMPSON, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-819 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER § 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 conceming alimony, division of property, lawyer's fees or expenses ifI 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 unswom falsification to authorities. Dated: Ctlfn~'E. Thomps°n 306480-1 JESSICA A. THOMPSON, Plaintiff, CLINT E. THOMPSON, : : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-819 IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) and (d) of the Divorce Code was filed on February 25, 2004 and served upon Defendant on March 6, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the 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 this Affidavit are tree and correct. I understand that any false statements herein are made subject to the penalties of 18 Pa.C.S., § 4904, relating to unswom falsification to authorities. J~Slca A. Thompson 306480-1 JESSICA A. THOMPSON, CLINT E. THOMPSON, Plaintiff, : Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-819 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE UNDER ,~ 3301(c) OF TIlE 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 ifI 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 alter it is filed with the Prothonotary. I verify that the statements made in this Affidavit are 'tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unswom falsification to authorities. Dated~4 ,a A Thompson 306480-1 JESSICA A. THOMPSON, CLINT E. THOMPSON, Plaintiff, Defendant 1N THE COURT OF COMMON PLEAS CUMBF. RLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-819 IN DIVORCE AFFIDAVIT OF. SERVICE I, Andrew C. Spears, Esquire, counsel for Plaintiff, Jess, ica A. Thompson, in the above- captioned action, hereby certify that a true and correct copy of the Complaint in Divorce was served upon Defendant, Clint E. Thompson, via regular mail and certified, return receipt restricted mail on March 6, 2004. Attached hereto, marked as Exhibit "A", and incorporated herein by reference is a copy of the return receipt card for said service. Dated: July 15, 2004 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. w C. Spears, E~ Attorney I.D. No. 87'737 P.O. Box 5300 3211 North Front Street Harrisburg, PA 17110-0300 (717) 238-8187 Attorneys for Plaintiff 308794.1 Exhibit A JESSICA A. THOMPSON, CLINT E. THOMPSON, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-819 IN DIVORCE pRAEC1PE TO TRANSMIT REC~O_..~_~ TO THE PROTHONOTARY: inl[ormation, to the Court for entry Kindly transmit the record, together with the following of a Divorce Decree: 1. Ground for divorce: Irretrievable breakdown under Section 3301 (c) of the Divorce Code. Date and manner of service of Complaint: A Complaint in Divorce was filed on February 25, 2004, and served on Defendant on March 6, 2004. Complete either paragraph (a) or (b): (a) Date of execution of Plaintiff's and Defendant's Affidavits of Consent required by Section 3301(c) of the Diw~rce Code: Plaintiff: June 9, 2004; June 17, 12004 Defendant: June 9, 2004; June 17; 2004 0v)(1) Date of execution of plaintiff's Affidavit required by Section 3301(d) of the Divorce Code: NA 308599d (2) Filing: NA Service: NA Complete the appropriate paragraphs: (a) Related claims pending: (b) Claims withdrawn: Date of filing and service of the Plaintiff' s Affidavit upon the respondent: Nolle None Claims settled by agreement of the parties: All (c) State whether any written agreement is to be incorporated into the Divorce (d) Decree: None. · of the Notice e,f Intention to File Praecipe to Date and manner of serwce (a) Transmit Record, a copy of which is attached, if the Decree is to be entered under Section 3301(d)(1)(i) of the Divorce Code: (b) Service: NA Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: June 17, 2004 filed with the Date Defendant's Waiver of Notice in §~,301(c) Divorce was Prothonotary: June 17, 2004 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. Dated: By Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-818'7 Attorneys for Plaintiff 308599-1 ]ESSICA A. THOMPSON, CLINT E. THOMPSON, Plaintiff, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND cOUNTY, PA CIVIL ACTION - LAW DOCKET NO. 04-819 IN DIVORCE CERTIFICATE OF SERVICE_ AND NOW, this }~_ day of ~ 2004, I, Andrew C. Spears, Esquire, of Metzger, Wickersham, Knanss & Erb, P.C., attorneys for Plaintiff, Jessica A. Thompson, hereby certify that I served a copy of the Praecipe to Transmit Record this day by depositing the same in the United States mail, postage prepaid, at Harrisburg, Pennsylvania, addressed to: Clint E. Thompson 320 South Penn Street Shippensburg, PA 17257 METZGER, WICKERSHAM, KNAUSS & ERB, P.C. By:~- Andrew C. Spears 308599-1 IN THE coURT OF CoMMOIN PLEAS OF cUMBERLAND cOU N'I'W ~,~~ P E I',1 lq A. .STATE OF No. ~o_~_~o~-8 ~9 JESSICA ANN THOMPSON DECREE lin ~~ NOW,. AND ~, pLAiNTiFF, DECREED THAT DEFENDANT, cl±nt E. Thompson ANd ~ ARE DivoRCED FROM THE BONDS OF MATRIMONY' THE cOURT RETAINS juRISDiCTiON OF THE FOLLOWING cLAiMS WhiCh hAVE BEEN RAISED oF RECO~D I~ THiS AcTiON FOR wHICH A FINAL oRDE~ has NOT yET BEEN E~TERED; ~ N/A BY THE COURT:' * J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff Vs ~ ~efendant : File No. IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] __ prior to the entry of a Final. Decree in Divorce, or X after the entry of a Final Decree in Divorce dated )qtZl0~ tV, hereby elects to resume the prior surname of ~J d r ~ CK. , and gives this I written notice avowing his / her intention pursuan to the provisions of 54 P.S. 704. , Sig11.ature ~. Signature of name being r~sun~ed COMMONWE.3rLT~ OF PENJqSYLVANIA ) COUNTY~ r~,, ~ OFL~_;,,~ _/9~2 t/. /~ On the~tS~z~ day of /)/~ i/4 t/k?&/~ , 200_~, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 Pro(21~onolary or Notary Public