HomeMy WebLinkAbout09-1963IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
TINA MARIE HUTH
PLAINTIFF,
V.
THOMAS THOR HUTH
DEFENDANT.
CIVIL ACTION-LAW
DIVORCE
NO: o9- 1163
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE
CLAIM 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 YOU CHILD(REN).
WHEN THE GROUNDS FOR DIVORCE ARE 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
PENNSYLVANIA. '
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYERS 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.
LAWYERS REFERRAL SERVICE
Telephone:
TINA MARIE TH, Plaintiff Pro Se
115 HOLLY DRIVE
MECHANICSBURG, PA 17055
717-691-7245
Notice to Defend and Claim Rights Page 1 of I
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
TINA MARIE HUTH
PLAINTIFF,
V.
THOMAS THOR HUTH
DEFENDANT.
CIVIL ACTION-LAW
DIVORCE
NO: J F _ H iv. %
COMPLAINT IN DIVORCE
Count I-Divorce
Plaintiff, TINA MARIE HUTH, pro se, respectfully represents:
1. Plaintiff, TINA MARIE HUTH, currently resides at 115 HOLLY DRIVE,
MECHANICSBURG, PA 17055.
2. Defendant, THOMAS THOR HUTH, currently resides at 115 HOLLY DRIVE,
MECHANICSBURG, PA 17055.
3. Plaintiff and Defendant are sui juris, and Plaintiff and Defendant have been resident(s) 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 10/04/2000, in PALMYRA, PA.
5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its
allies within the provisions of the Service Members' Civil Relief Act of 2003.
6. The parties have no minor or legally dependent children.
7. There have been no prior actions of divorce or for annulment between the parties.
8. The parties have entered into a written agreement as to equitable distribution of marital
property, alimony, alimony pendent lite, fees and costs.
9. Plaintiff has been advised of the availability of counseling between the parties and Plaintiff
acknowledges the right to request that the court require the parties to participate in such
counseling in certain instances.
10. Plaintiff alleges the following grounds for the dissolution of marriage: The marriage is
irretrievably broken and Plaintiff believes Defendant will consent to the divorce.
Complaint in Divorce Page 1 of 2
A.
WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce pursuant to
Section 3301(c) of the Divorce Code.
TINA MARIE TH, Plaintiff Pro Se
VERIFICATION
Plaintiff verifies that the statements made in this Complaint in Divorce are true and correct.
Plaintiff understands that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
2 TINA MARIE RUTH, Plaintiff Pro Se
Date: V
Complaint in Divorce Page 2 of 2
w
09
i
r ' CL-) i
{ 4
-=
1 r ?4
4xr
In the Court of Common Pleas of
Phone:
TINA MARIE HUTH
Plaintiff
vs.
THOMAS THOR HUTH
Defendant
Cumberland County, Pennsylvania
Fax:
Docket Number
PACSES Case Number O°?????q? CsV3??
Other State ID Number
Please note: All correspondence must Include the PACSES Case Number.
Income Statement
THIS FORM MUST BE FILLED OUT AND YOU MUST PROVIDE DOCUMENTS TO SUPPORT ALL
AMOUNTS PROVIDED IN THIS INCOME STATEMENT
(If you are self-employed or if you are salaried by a business of which you are owner in whole or in part,
you must also fill out the Supplemental Income Statement which appears below.)
INCOME STATEMENT OF
THOMAS THOR HUTH 3?§k ?? ??W\
(Name) (Pacses Number)
I verify that the statements made in this Income Statement are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom
falsification to authorities.
Date: ?J o? 7\11 ' . .' k"'A.
Plaintiff or Defendant
INCOME
Employer: - v?nh a ?c'
Address: e)o S S'-
Type of Work: DeG±•
Payroll Number: '!? I DO 1^i a (314 5-
Pay Period (weekly, biweekly, etc): 9-? %'-0 W u
Gross Pay per Pay Period $ gog.n y
Itemized Payroll Deductions: I L-1 S -'b ?
Federal Withholding $ LJ5.'222
FICA
Local Wage Tax
State Income Tax
Mandatory Retirement
Union Dues
Health Insurance
Other (specify)
(-to I K
Net Pay per Pay Period:
Service Type
13 - b1
'!-1.112
I WI-1-1 I
qS-y W
$ 6,1 )? . bto
Form IN-008 Rev. 2
Worker ID
r
Week Month Year
(Fill in Appropriate Column)
Interest $ $ $
Dividends
Pension Distributions
Annuity
Social Security
Rents
Royalties
Unemployment Comp.
Workers Comp.
Employer Fringe Benefits
Other
TOTAL INCOME $
PROPERTY OWNED Ownership`
Description Value H W J
Checking accounts 5 e- e+?h $ -0- _ ex
Savings accounts 60.00
Credit Union
Stocksibonds
Real Estate I A_
Other
Total $
INSURANCE Coverage`
Company Policy No. H W C
Hospital
Blue Cross ( 51 "$f IUOar,[)!4Iao t
Other
Medical
Blue Shield - SHr,,? _ << _?
Other
Health/Accident r?8tgu631,,
Disability Income
Dental ( ?.? I ca a S? b l 101 _}?
Income Statement (Continued)
Other Income:
PACSES Case Number ?- %0 ?\V\\
Other
"H=Husband; W=Wife; J=Joint; C=Child
Service Type
Page 2 of 3
Form IN-008 Rev. 2
Worker ID
Income Statement (Continued) PACSES Case Number v -\ \A% C4\
SUPPLEMENTAL INCOME STATEMENT (You only need to complete the below portion if you are
self-employed or if you are salaried by a business of which you are owner in whole or in part)
(a) This form is to be filled out by a person (check one):
El (1) who operates a business or practices a profession, or
13 (2) who is a member of a partnership or joint venture, or
(3) who is a shareholder in and is salaried by a closed corporation or similar entity.
(b) Attach to this statement a copy of the following documents relating to the partnership, joint
venture, business, profession, corporation or similar entity:
(1) the most recent Federal Income Tax Return, and
(2) the most recent Profit and Loss Statement.
(c) Name of business:
Address and telephone number:
(d) Nature of business
(check one)
p (1) partnership
0 (2) joint venture
0 (3) profession
0 (4) closed corporation
p (5) other
(f) Annual income from business:
(2)
(3)
(4)
(1) How often is income received?
Gross income per pay period:
Net income per pay period:
Specific deductions, if any:
Page 3 of 3 Form IN-008 Rev. 2
Service Type Worker ID
In the Court of Common Pleas of
Phone:
Plaintiff
vs.
Defendant
Cumberland County, Pennsylvania
Fax:
Docket Number
PACSES Case Number
Other State ID Number
Please note: All correspondence must Include the PACSES Case Number.
Guidelines Expense Statement
EXPENSE STATEMENT OF
(Name) (Passes Number)
I verify that the statements made in this Expense Statement are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn
falsification to authorities. ??}-?
Dater 'J 7'2?\ n \ \ l -J _
Plaintiff or Defendant
Instructions: Guidelines Expense Statement - This form should only be completed when:
1) You are requesting an adjustment to the amount of support pursuant to Rule 1910.16-5 because
of unusual needs and unusual fixed obligations, other support obligations, medical expenses not
covered by insurance, or any other relevant factors, or
2) You are requesting that the other party share in the following expenses pursuant to Rule
1910.16-6: child care expenses, health insurance premiums, unreimbursed medical expenses,
private school tuition, summer camp, or other needs, or mortgage payment.
You must provide documents to support all amounts provided in this Expense Statement
Weekly Monthly Yearly
( Fill in Appropriate Column
Mortgage (including real
estate taxes and
homeowner's insurance or
$
Health Insurance Premiums
Unreimbursed Medical
Expenses:
Doctor
Dentist
Orthodontist
Hospital
Medicine
Special Needs (glasses,
braces, orthopedic
devices, therapy)
Form IN-008 Rev. 2
Service Type Worker ID
Guidelines Expense Statement (Continued)
PACSES Case Number ?-
Weekly Monthly Yearly
Child Care
Private school
Parochial school
Loans/Debts
Support of Other Dependents:
Other child support
Alimony payments
Other: (Specify)
Tota 1 $ $ $
Service Type
Page 2 of 2
Form IN-008 Rev. 2
Worker ID
FIUD-OFIrCE
OF THE PMTHUN MARY
2009 MAY -6 AM I I: 56
P N'S aUANIA
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
TINA MARIE HUTH
PLAINTIFF,
V.
CIVIL ACTION-LAW
DIVORCE
THOMAS THOR RUTH
DEFENDANT. NO: \V, J
MARITAL PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT, made this 3b day of T? rw, , 2001,
between PLAINTIFF, TINA MARIE HUTH, residing at 115 HOLLY DRIVE,
MECHANICSBURG, PA 17055, and Defendant, THOMAS THOR HUTH, residing at 115
HOLLY DRIVE, MECHANICSBURG, PA 17055.
WITNESSETH
WHEREAS, the parties were married on 10/04/2000;
WHEREAS, the parties filed for 3301(c) Divorce on
WHEREAS, the parties hereto desire to settle their property rights;
WHEREAS, both parties agree to relinquish any and all claims which either may have
against any property now owned or belonging to the other or which may hereinafter be acquired
by either of them by purchase, gift, devise, bequest, inheritance, or otherwise, except as to the
obligations, covenants, and agreements contained herein; and,
WHEREAS, both parties each have had an opportunity to seek the benefit of competent and
independent legal advice by separate counsel.
NOW, THEREFORE, the parties, intending to be legally bound, do covenant, and agree as
follows:
1. INCORPORATION OF RECITALS
The recitals on Page 1 of this Agreement are incorporated herein as if set forth in full.
Each paragraph hereof shall be deemed to be a separate and independent covenant and
agreement.
2. APPLICABLE LAW
Marital Property Settlement Agreement
Page 1 of 4
This agreement shall be construed under the laws of the Commonwealth of Pennsylvania.
3. PROPERTY TO BE RETAINED BY WIFE.
Husband and Wife agree that, unless otherwise indicated in this Agreement, the Wife
shall keep all of her personal clothing and effects; and that the following property shall
also be retained by Wife:
4. PROPERTY TO BE RETAINED BY HUSBAND.
Husband and Wife agree that, unless otherwise indicated in this Agreement, the Husband
shall keep all of his personal clothing and effects; and that the following property shall
also be retained by Husband:
5. DEBTS TO BE PAID BY WIFE.
Husband and Wife agree that the Wife shall pay the following debts and will not at any
time hold the Husband responsible for them:
'1!N%M\4W
?\ s
(?EBTS TO BE PAID BY HUSBAND.
Husband and Wife agree that the Husband shall pay the following debts and will not at
any time hold the Wife responsible for them:
p vs L4,pKZ'-r C ?? g.?.+o r o
T C lot r+
7. ALIMONY, UQONY PENDENTE LITE, SPOUSAL SUPPORT, EXPENSES AND
ALL MARITAL RIGHTS.
Each of the parties hereto release the other from subsequent claims for alimony, alimony
pendente lite, or spousal support, except as set forth as follows:
No spousal maintenance shall be awarded to either party.
8. JOINT DEBTS. 1o? p Lam{ C-". 'dr
F vov?
" PL) -f s
Marital Property Settlement Agreement
Page 2 of 4
a
Husband and Wife warrant and certify to each other that there are no individual or joint
marital obligations outstanding, other than those listed in paragraphs 5 and 6.
9. DIVORCE.
Husband and Wife agree that the marriage is irretrievably broken and will proceed with
said Divorce under 23 Pa. C.A. Section 3301(c).
10. NAME CHANGE.
Does not apply.
11. TAX ADVICE.
The transfers set forth herein may result in income, inheritance, estate, and other tax
consequences to the parties. The parties specifically acknowledge that no attorney
involved in the negotiating or drafting of this Agreement has provided any tax advice
Marital Property Settlement Agreement
Page 3 of 4
regarding the dispositions contained herein. The parties have been advised to seek
separate tax counsel concerning the Divorce distributions.
IN WITNESS HEREOF, the parties have hereunto set their hands and seals the day and year first
written above.
TINA MARIE HU , PLAINTIFF
On this Ip& day of 20 05 , before me, a Notary Public, the
undersigned officer, personall appeared TINA MARIE HUTH, Plaintiff, known to me to be the
person whose name is subscribed to the written instrument, and acknowledged that he or she
executed the same for the purposes therein contained.
WITNESS WHEREOF, I hereunto set my hand and official seal.
r
NOTARY PUBLIC
M NWEALTH F PENNSYLVANIA
NOTARIAL SEAL.
LINDA SAWYER, Notary PubNc
Camp Hill Moro, Cumberland County
My Commission Exp1m Fdxuwy 12, 2013
1?7n ?!??
THOMAS THOR HUTH, DEFENDANT
On this / a a day of , 20-69,-, before me, a Notary Public, the
undersigned officer, personall appeared THOMAS THOR HUTH, Defendant, known to me to
be the person whose name is subscribed to the written instrument, and acknowledged that he or
she executed the same for the purposes therein contained.
IN WI ESS WHEREOF, I hereunto set my hand and official seal.
OT Y PUBLIC
aYL1l
COMMONWEALTW OF PENN
NOTARIAL SEAL
LINDA SAWYER, Notary PubNo
Camp HNI Boro, Cumberland County
My Commission Expires February 12, 2013
Marital Property Settlement Agreement
Page 4 of 4
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
TINA MARIE HUTH
PLAINTIFF,
V.
CIVIL ACTION-LAW
DIVORCE
THOMAS THOR HUTH
DEFENDANT. NO: iN_ XIN113
PLAINTIFF'S AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
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 are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unworn
falsification to authorities.
Date: Q3 /'%0 / CA
TINA MARIE TH, Plaintiff Pro Se
Plaintiff's Affidavit of Consent
Page 1 of 1
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
TINA MARIE HUTH
PLAINTIFF,
CIVIL ACTION-LAW
V.
DIVORCE
THOMAS THOR HUTH
DEFENDANT. NO:
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
_?)/ 3d /Q_.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have
elapsed from the date of filing and 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.
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
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 are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unworn
falsification to authorities.
Date: 3/ 'y /0_
THOMAS THOR HUTH, Defendant Pro Se
Defendant's Affidavit of Consent Page 1 of 1
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
TINA MARIE HUTH
PLAINTIFF,
V.
THOMAS THOR HUTH
DEFENDANT.
CIVIL ACTION-LAW
DIVORCE
NO: y? ??? Z??l\\
PLAINTIFF'S ACKNOWLEDGMENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
/'-?Q /Q'I _. I agree that the marriage of the Plaintiff and Defendant is irretrievably
broken and ninety (90) days have elapsed from the date of filing the Complaint. All information
contained within the attached documentation is true and correct to the best of my knowledge,
information, and belief.
It is my desire to file with the Cumberland County Court of Common Pleas the attached
Marital Property Settlement Agreement and to be bound fully and completely by the terms and
conditions as set forth within said Marital Property Settlement Agreement documentation.
TINA MARIE HUTH, Plaintiff Pro Se
On this (p"?' day of 20 j_, before me, a Notary Public, the
undersigned officer, personally appeared TINA MARIE HUTH, Plaintiff, known to me to be the
person whose name is subscribed to the written instrument, and acknowledged that she executed
the same for the purposes therein contained.
IN WI TSS WHEREOF, I hereunto set my hand and official seal.
NOTARY PUBLIC
COMMONWILAUH F NN LVAN
NOTARIAL SEAL
LINDA SAWYER, Notary Public
Camp Hill eoro, Cumberland County
My Commission Expires Fd niary 12, 2018
Plaintiffs Acknowledgment Page 1 of 1
IN THE COMMON PLEAS COURT OF
CUMBERLAND COUNTY, PENNSYLVANIA
TINA MARIE HUTH
PLAINTIFF,
V.
THOMAS THOR HUTH
DEFENDANT.
CIVIL ACTION-LAW
DIVORCE
NO:
DEFENDANT'S ACKNOWLEDGMENT
A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
/p/ 01A . I agree that the marriage of the Plaintiff and Defendant is irretrievably
broken and ninety (00) days have elapsed from the date of filing the Complaint. All information
contained within the attached documentation is true and correct to the best of my knowledge,
information, and belief.
It is my desire to file with the Cumberland County Court of Common Pleas the attached
Marital Property Settlement Agreement and to be bound fully and completely by the terms and
conditions as set forth within said Marital Property Settlement Agreement documentation.
THOMAS THOR HUTH, Defendant Pro Se
On this ? day of , 206q_, before me, a Notary Public, the
undersigned officer, personal y appeared THOMAS THOR HUTH, Defendant, known to me to
be the person whose name is subscribed to the written instrument, and acknowledged that she
executed the same for the purposes therein contained.
IN ITTiESS WHEREOF, I hereunto set my hand and official seal.
a?
NOTAR PUBLIC
C( EALTH OF PENNSYLVANIA
NOTARIAL SEAL
LINDA SAWYER, NOW Public
Camp HM eoro, CumbedWW County
My CpmmissW Expires February 12, 2013
Defendant's Acknowledgment Page 1 of 1
RLB)-
oF THE Fporr,,ONOTA `,
209 MAY -6 AM l1: 56
CUK6 iii CO1 NI TY
ANN ANIA