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Home My WebLink About09-1060Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) D. THOMAS FOWLER, Plaintiff VS. RENA E. FOWLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 0 9 - 0&0 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 against you and a decree in 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 with 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, 1 Courthouse Square, Carlisle, Pennsylvania, 17013-3387. 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 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANI 17013 (717) 249-3166 BY G(") C Andrew C. Sheely, Es PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for Plaintiff Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) D. THOMAS FOWLER, Plaintiff VS. RENA E. FOWLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09 - /oi,a IN DIVORCE NOTICE OF RIGHT TO COUNSELING YOU are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties with a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors if available in the office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA Ill NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) D. THOMAS FOWLER, Plaintiff VS. RENA E. FOWLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 0 9 - 1 ?? o ?-cvt r l e-v?- IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is D. THOMAS FOWLER, an adult individual who currently resides at 53 Bayberry Drive, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania. 2. Defendant is RENA E. FOWLER, an adult individual who currently resides at 53 Bayberry Drive, Mechanicsburg, Silver Spring Township, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant were residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married in Mechanicsburg, Pennsylvania, on July 23, 2004. 5. There have been no prior actions of divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. COUNT 1 - DIVORCE - IRRECONCILABLE DIFFERENCES 8. Paragraphs 1 - 7 are incorporated herein as if set forth at length. 9. The marriage between the parties is irretrievably broken. 10. After ninety (90) days have elapsed from the date of filing the divorce complaint, Plaintiff intends to file an affidavit consenting to a divorce and Plaintiff believes Defendant may also file such an affidavit. 11. This divorce action is not collusive. 12. The parties separated on or about July 1, 2008. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from filing of this Divorce Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(c) of the Pennsylvania Divorce Code. COUNT 2 - DIVORCE - 3301(d) 13. Paragraphs 1 - 12 are incorporated herein as if set forth at length. 2 14. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit of consent, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code. COUNT 3 - CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 15. The allegations in Paragraphs 1 - 14 are incorporated herein and made a part hereof. 16. Plaintiff and Defendant are the owners of various personal property, motor vehicles, bank accounts, retirement accounts, retirement assets and insurance policies acquired during their marriage. 17. Defendant is the owner of real property acquired during their marriage which has increased in value. 18. Plaintiff has assisted with reducing Defendant's debt during the course of marriage. 3 WHEREFORE, Plaintiff requests your Honorable Court equitably distribute the parties marital property, including marital debt, and including any such further relief as the Court may determine equitable and just. Date: February -?) , 2009 Respectfully submitted, Andrdw C. Sheely, Esquirfe Attorney for Plaintiff PA ID No. 62469 P.O. Box 95 127 S. Market Street Mechanicsburg, PA 17055 717-697-7050 4 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to penalties of 18 Pa.C.S.A. Section 4904, relating to unsworn falsification to authorities. Date: February aO , 2009 aa9t,- D. Thomas Fowler Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA in No. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) D. THOMAS FOWLER, Plaintiff VS. RENA E. FOWLER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09 - i&Go IN DIVORCE AFFIDAVIT D. Thomas Fowler, 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 Domestic Relations office, 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to authorities. D. Thomas Fowler CD r • Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) D. THOMAS FOWLER, Plaintiff VS. RENA E. FOWLER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 09 - 1060 IN DIVORCE AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA . : SS COUNTY OF CUMBERLAND ANDREW C. SHEELY, being duly sworn according to law, deposes and says that a true and correct copy of the Divorce Complaint in the above-captioned matter to be served upon RENA E. FOWLER, Defendant, by Certified Mail, Return Receipt Requested, as indicated by the attached receipt card and United States Postal Confirmation Notice, on February 21, 2009. JON C. SHEE SWORN to and subscribed before me this ay?/?day of February, 2009. Notary P?ablic My Commission Expires: NOfMKSK M:ItY K ICY, Nob f PJ* M? 6ono, L1un?be?N?d Ga Wf GoQM1de" E''-pMrro Na?.19, 2010 y I' )':t3Y E n d t? R ,? r t " «r 11405 -Trick & Confirm http://trkcnfrmi.smi.usps.com/Ill'SinternetWeb/intcrl abell)ettil.clo UU 4NTED STATES PM TAL S o Home I Help I Si n In - Track & Confirm FAQs Track & Confirm Search Fissufts Label/Receipt Number: 7001 2510 0000 3029 4879 Associated Label/Receipt: Detailed Results: • Delivered, February 21, 2009, 2:26 pm, MECHANICSBURG, PA 17050 • Acceptance, February 20, 2009, 6:12 pm, MECHANICSBURG, PA 17055 i° .` t±+aa rc llteettatir qr tlllar Fta?lt s Track & Coif Enter Label/Receipt Number. 60.x,.,. Nr tff<catioa Options Track & Confirm by email Get current event information or updates for your item sent to you or others by email. 66e? rn O W 00 -A J c J ( f0 N D a m z 3 S 0 t 3 C3 O L? m 3 m v` ru En Lr 0 C3 0 0 0 W O rU ..O 0 N CT tp 0 N obs Privacy Cr' IZ Act EEO Data r` CO #r" r S ru Postage r M Certified Fee O Return Receipt Fee O (Endorsement Required) C7 Restricted Delivery Fee C7 (Endorsement Required) ? Total Poetpe & Fees r S tTo/ Apt. 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