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HomeMy WebLinkAbout09-7913 Ap MARIA LOUISA GAUGHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. NO. CQ - 7913 Civil lef m THOMAS W. GAUGHEN, 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 foregoing 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 the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 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 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 Telephone: (717) 249-3166 l • MARIA LOUISA GAUGHEN, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW VS. THOMAS W. GAUGHEN, Defendant NO. IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. i MARIA LOUISA GAUGHEN, Plaintiff VS. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04- '7 4 1,3 Ct; ,d T THOMAS W. GAUGHEN, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, MARIA LOUISA GAUGHEN, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is MARIA LOUISA GAUGHEN, an adult individual who currently resides at 55 Tuscany Court in Camp Hill, Cumberland County, Pennsylvania. 2. The Defendant is THOMAS W. GAUGHEN, an adult individual who currently resides at 140 Bryce Road in Camp Hill, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 9 February 1980 in Camp Hill, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. COUNT II - EQUITABLE DISTRIBUTION 9. 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, Plaintiff prays this Honorable Court, after requiring full disclosure by the Defendant, to equitably divide the property, both real and personal, owned by the parties hereto as marital property. COUNT III - LIFE INSURANCE DESIGNATION 10. During the marriage, the Defendant acquired substantial policies of insurance on his life in which he, Plaintiff believes, designated Plaintiff as the primary beneficiary. 11. Plaintiff needs the protection of the insurance on Defendant's life to secure the financial obligations which Defendant owes to her, or will owe to her as a result of this divorce action. 12. Defendant has promised to provide for Plaintiffs financial needs in the future and Plaintiff needs the benefit of the policies of insurance on Defendant's life to secure that promise. WHEREFORE, Plaintiff prays this Court to either award to her the ownership of the policies of insurance on Defendant's life, and mandate that Defendant continue to pay the premiums and costs of those policies, or require Defendant to maintain Plaintiff as the exclusive beneficiary on those policies for the balance of his life. COUNT IV - COUNSEL FEES AND EXPENSES 13. Plaintiff is without sufficient funds to retain counsel to represent her in this matter. 14. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 15. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 a ` 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 It ? fti JF;C, jl?-tuPL A Maria uis "uen Fl; T:0.41 1 ,, r TL,7 :'r!Ry NiOr9 r () .:u CUI ? 3q 4.50 PAD Ar-y cf? p, aa3sa(o MARIA LOUISA GAUGHEN, Plaintiff vs. THOMAS W. GAUGHEN, Defendant µ{ ~tL~-~^~-i-`~ ~ ~ ~~rH~NOTAAY ?O-Q MAR 25 PM 2: 33 CtJ~~l~~:t~;..,~u ~ ,1; P~tPr`SYI.V;~t~ ~ PRAECIPE TO THE PROTHONOTARY: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 09-7913 IN DIVORCE Please withdraw Plaintiff s Complaint in this matter and terminate this action. 18 March 2010 -- ~~~,~ ~ Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12`~ Street P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361