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HomeMy WebLinkAbout09-3805J? ABRAHAM LAW OFFICES 45 East Main Street, Hummelstown, PA 17036 (717) 566-9380 MARK A. TOPASH : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. eq-3 ps- LISA A. TOPASH : CIVIL ACTION - LAW Defendant : DIVORCE NOTICE 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 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 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 Court Administrator, 0 Floor, Cumberland County Courthouse, 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: Court Administrator 4`h Floor, Cumberland County Courthouse Carlisle, PA 17013 (717) 240-6200 MARK A. TOPASH : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. 09- 3,P03" OL :- 7L, LISA A. TOPASH : CIVIL ACTION - LAW Defendant : DIVORCE COMPLAINT AND NOW, comes Plaintiff, Mark A. Topash, by and through his attorney, James W. Abraham, Esquire, Abraham Law Offices, Hummelstown, Pennsylvania and files the following: COUNT I - NO-FAULT DIVORCE (Pursuant to 23 Pa.C.S. Section 3301(c)) 1. Plaintiff, Mark A. Topash, is an adult individual who resides at 1220 Chelsen Cross, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant, Lisa A. Topash, is an adult individual who resides at 1220 Chelsen Cross, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. Plaintiff and Defendant were married on August 28, 1943 in the State of Wisconsin. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 8. Plaintiff and Defendant are not members of the Armed Forces of the United States. WHEREFORE, Plaintiff, Mark A. Topash, respectfully requests Your Honorable Court to enter a decree in divorce. DATE: 6/9/09 Respectfully submitted: James W. Abraham, Esq. Abraham Law Offices 45 East Main Street Hummelstown, PA 17036 (717) 566-9380 Attorney for Plaintiff, Mark A. Topash I, ':PC(-L7K , TO PAS 4- , the undersigned, herebyy ve - - 44 r}fy and cow that the foregoing document and the statements made therein are true-and corfect to the 'best Of;MY lMowledge, information and belief. I further understand that any false dents Made herein are subject to the penalties of Title 18 Pa.C.S.A. Section 4904 relatkng wunsworn falsification to authorities. DATE: CERTIFICATE OF SERVICE I, James W. Abraham, Esquire, the undersigned, hereby certify that I have served a true and correct copy of the foregoing document, by certified mail, upon the following person at the following address on the date stated herein: Lisa A. Topash 1220 Chelsen Cross Mechanicsburg, PA 17050 DATE: 6/9/09 James W. Abraham, Esquire FILE[ }}-{fitY", iCE OF THE FROT! ! OTARY 1009 JUN -9 FM 1: 21 CLfa?4E? PEA NSYL4ANA Pd. 'o A?lj yo -n 7LI .r MARK A. TOPASH, Plaintiff vs. LISA A. TOPASH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-3805 CIVIL TERM IN DIVORCE DEFENDANT'S PETITION FOR ECONOMIC RELIEF AND NOW comes the above-named Defendant, by her attorney, Samuel L. Andes, and makes the following Petition for Economic Relief: COUNT I EQUITABLE DISTRIBUTION 1. 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 each of the parties hereto. WHEREFORE, Defendant prays this Honorable Court, after requiring full disclosure by the Plaintiff, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT II ALIMONY 2. Defendant lacks sufficient property to provide for her reasonable needs in accordance with the standard of living of the parties established during the marriage. 3. Defendant is unable to support herself in accordance with the standard of living of the parties established during the marriage through appropriate employment. 4. The Plaintiff is employed and enjoys a substantial income from which he is able to contribute to the support and maintenance of Defendant and to pay her alimony in accordance with the Divorce Code of Pennsylvania. WHEREFORE, Defendant prays this Honorable Court to enter an Order awarding Defendant from Plaintiff permanent alimony in such sums as are reasonable and adequate to support and maintain Defendant in the station of life to which she has become accustomed during the marriage. COUNT III ALIMONY PENDENTE LITE 5. Defendant is without sufficient income to support and maintain herself during the pendency of this action. 6. Plaintiff enjoys a substantial income and is well able to contribute to the support and maintenance of Defendant during the course of this action. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay her reasonable alimony pendente lite during the pendency of this action. COUNT IV -COUNSEL FEES AND EXPENSES 7. Defendant is without sufficient funds to retain counsel to represent her in this matter. 8. Without competent counsel, Defendant cannot adequately prosecute her claims against Plaintiff and cannot adequately litigate her rights in this matter. 9. Plaintiff enjoys a substantial income and is well able to bear the expense of Defendant's attorney and the expenses of this litigation. WHEREFORE, Defendant prays this Honorable Court to order Plaintiff to pay the legal fees and expenses incurred by Defendant in the litigation of this action. ~_~ n..r . . Samuel L. Andes Attorney for Defendant P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). ~, DATE: ~~ i LISA A. TOPASH - ,;~.~ ~;=. ZQ~~ S~~ ~ ~J ~S~ i 3 ~ a ~~, i~,~-r`t' ~n'tl~`~J.. ;u. s, V V ~~~ ~ ~ ~~\~ ~ 1 ~~y~ ~ ii ~~ , G.~, 6 -> g tti ~. 7 yG ~ .~ ~f