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Home My WebLink About10-3392BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 17013 (717) 241-2446 JERRY BUTLER, V. Plaintiff PATRICIA BUTLER, Defendant FICF[,*? r E ;1C f lGlO a Y 21 Am u„ -' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 10 - 33 9.2 CIVIL TERM 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 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 your children. 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, Cumberland County Courthouse, Carlisle, Pennsylvania, 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. s 35?i .o0 1A--? (k4? /// P ,e# ;)- y 1 Y6 y IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORAMTION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County, Pennsylvania, is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. BAYLEY & MANGAN Mark F. Bayley, Esquire Attorney I.D. #: 87663 17 West South Street Carlisle, PA 1.7013 (717) 241-2446 JERRY BUTLER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. PATRICIA BUTLER, Defendant CIVIL ACTION - LAW NO. 10 - S39.1 CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. Plaintiff is Jerry Butler, an adult individual, who resides at 428 Limestone Rd., Carlisle, Pennsylvania. 2. Defendant is Patricia Bulter, an adult individual, who is currently residing at Holy Spirit Hospital, Camp Hill, Pennsylvania. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on November 17, 1990 in Churchtown, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 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 requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: I L? 10 Respectfully submitted, BAYLEY & MANGAN LAA'*'-? - Mark F. Bayley, Esq ' e 17 West South St. Carlisle, PA 17013 (717) 241-2446 Supreme Court I.D. # 87663 JERRY BUTLER, V. IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA PATRICIA BUTLER, Defendant CIVIL ACTION - LAW NO. 10 - CIVIL TERM IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: ',? /U //L? Je y B er, Plaintiff ~IL.~O-G~FlCc 201D ~?~' i -5 P~=~ 3~ I ~ Mark F. Bayley, Esquire 17 West South Street Carlisle, PA 17013 (717)241-2446 Supreme Court I.D.#87663 JERRY BUTLER, v. Plaintiff ~;~~~~~~c ~~`~ cap 3~ ~` IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 10 - 3392 ~ CIVIL TERM IN DIVORCE PATRICIA BUTLER, Defendant PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please reinstate the Complaint in the above-captioned matter. Respectfully submitted, (~ ~~J l V Date: v Mark F. Bayley, Esquire Bayley & Mangan 17 West South Street O Carlisle, PA 17013 (717) 241-2446 ~ ~o• oo P Q ATN Supreme Court I.D. # 87663 C~oZS`~$ Attorney for Plaintiff 2# a~R ~~ Gerald Linn Butler : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN CUSTODY Patricia Trego Butler c ; Defendant NO. 10-3392 CIVIL TERM ?-4 _ ; z co PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: > w -+ Cn Kindly allow Patricia Trego Butler, Defendant, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date 7M Alexandra Sipe Certified Legal Intern GAf-J RIESMEYER ROBERT E. RAINS THOMAS M. PLACE MARTIN D'URSO Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ___ 'r r Gerald Linn Butler, IN THE COURT OF COMMON PLEAS C2 Plaintiff/Respondent CUMBERLAND COUNTY, PENNSYL0. II?S;; z rn n, V. CIVIL ACTION - LAW CA -< DIVORCE N Patricia Trego Butler, * ° -v Defendant/Petitioner NO. 10-3392 :x _W_ ANSWER TO COMPLAINT IN DIVORCE AND COUNTERCLAIM AND NOW, comes the Defendant, Patricia Trego Butler, by and through her attorneys, THE FAMILY LAW CLINIC, and files the within Answer to Complaint in Divorce and Counterclaim in the above-captioned action, and in support thereof aver as follows: ANSWER COUNT I - IN DIVORCE UNDER SECTION 3301(c) 1. Admitted upon information and belief. 2. Denied. Defendant currently resides at 65 West Louther Street, Apartment 3B, Carlisle, Pennsylvania. 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Neither admitted nor denied because Defendant is without knowledge of whether Plaintiff was advised of the availability of counseling. 8. Neither admitted nor denied because Defendant is without knowledge of what Plaintiff wants the Court to do. WHEREFORE, Defendant joins with Plaintiff in requesting this Honorable Court grant a Decree in Divorce under Section 3301(c). New Matter COUNT II- EQUITABLE DISTRIBUTION 9. The Defendant incorporates by reference Paragraphs 1 through 8 of the hereinabove Answer as though more fully set forth herein. 10. During the course of their marriage, the parties acquired marital assets and debts subject to equitable distribution under Section 3302 of the Divorce Code, including, but not limited to the following: a. The marital home located at 428 Limestone Road, Carlisle, Pennsylvania. b. Several Bank Accounts, both checking and savings; c. Plaintiff s 401(k) from Carlisle Container Company; d. Various items of personal property and household goods; e. Various household bills and medical expenses. WHEREFORE, Defendant requests this Honorable Court determine this marital property and order equitable distribution thereof. Q/1 Date Date Respectfully submitted, Alexandra Side Certifie Legal Intern GAN PdESMEYtR MART D'URSO Supervising Attornies THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 Telephone: (717) 243-2968 Fax: (717) 243-3639 Attorney for Defendant VERIFICATION Defendant verifies that the statements made in this document are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. I Wk Date Patricia Trego Butler Defendant Gerald Linn Butler, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE = cp , ? rn F;i _n Patricia Trego Butler , i , Defendant NO. 10-3392 CIVIL TERM rte- *C-% cps, CERTIFICATE OF SERVICE v c 1, Alexandra Sipe, Certified Legal Intern, Family Law Clinic, hereby certify that served a true and correct copy of the Answer in Divorce on Mark F. Bayler , attorney for Gerald Linn Butler, by depositing a copy of the same in the United States mail, postage prepaid, addressed as follows: Mark F. Bayler, Esq. 17 West South Street, Carlisle PA 17013 this date. Date: Alexandra Sipe Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 Gerald Linn Butler, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - DIVORCE Patricia Trego Butler , Defendant :NO. 10-3392 -' a Z 'Z; INVENTORY r? OF r'.- r,? LL Patricia Trego Butler r^ y - Defendant files the following inventory of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three years. Defendant verifies that the statements made in this inventory are true and correct, to the best of her knowledge, information, and belief'. Defendant understands that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Patricia Butler ASSETS OF PARTIES Defendant marks on the list below those items applicable to the case at bar and itemizes the assets on the following pages. (X) 1. Real Property (X) 2. Motor Vehicles ( ) 3. Stocks, bonds, securities and options ( ) 4. Certificates of deposit (X) 5. Checking accounts, cash (X) 6. Savings accounts, money market and savings certificates ( ) 7. Contents of safe deposit boxes ( ) 8. 'Trusts ( ) 9. Life insurance policies (indicate face value, cash surrender value and current beneficiaries) ( ) 10. Annuities ( ) 11. Gifts ( ) 12. Inheritances ( ) 13. Patents, copyrights, inventories, royalties ( ) 14. Personal property outside the home ( ) 15. Business (list all owners, including percentage of ownership, and officer/director positions held by a party with company) ( ) 16. Employment termination benefits - severance pay, worker's compensation claim/award ( ) 17. Profit sharing plans (X) 18. Pension plans (indicate employee contribution and date plan vests) ( ) 19. Retirement plans, Individual Retirement Accounts ( ) 20. Disability payments ( ) 21. Litigation claims (matured and unmatured) ( ) 22. Military/V.A. benefits ( ) 23. Education benefits (X) 24. Debts due, including loans, mortgages held (X) 25. Household furnishings and personalty (include as a total category and attach itemized list if distribution of such assets is in dispute) ( ) 26. Other MARITAL PROPERTY Defendant lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names Of Number Of Property All Owners 1 Marital Home located at Gerald and Patricia Butler 428 Limestone Rd. Carlisle, PA 17013 2. 1988 Pickup Truck Gerald and Patricia Butler 5. M&T Checking Account Gerald and Patricia Butler 6. Members 1st Savings Account Patricia Butler 18. Pension Plan at Carlisle Container Gerald Butler 25. Set of 2 end tables and coffee table Gerald and Patricia Butler 25. Round Marble Top Table Gerald and Patricia Butler 25. Oriental Rug Gerald and Patricia Butler 25. Beige couch with pastel Gerald and Patricia Butler and floral print 25. Coral colored swivel rocking chair Gerald and Patricia Butler 25. Cabinet of Cherry Wood Gerald and Patricia Butler 25. Rectangular mirror Gerald and Patricia Butler 25. RCA Television Gerald and Patricia Butler 25. Painting of the Ocean Gerald and Patricia Butler 2 25. Print Picture of' Lion Gerald and Patricia Butler 25. Corelle dishes with fruit pattern Gerald and Patricia Butler 25. Wall hanging of silk flowers Gerald and Patricia Butler 25. Bedroom Suite of Pine Wood Gerald and Patricia Butler 25. Rock and Mineral Collection Patricia Butler 25. Figurines of dolphins, seals Patricia Butler 25. Brass Candlesticks Gerald and Patricia Butler 25. Kitchen Table and 4 chairs Gerald and Patricia Butler 25. Pots and Pans Gerald and Patricia Butler 25. Baking Dishes and Kitchen gadgets Gerald and Patricia Butler 25. Microwave Oven Gerald and Patricia Butler 25. Oster Electric Mixer Gerald and Patricia Butler 2?. Kitchen Clock Gerald and Patricia Butler 25. 2 sets of Silverware Gerald and Patricia Butler 25. Corelle dishes, green and yellow Gerald and Patricia Butler 25. Reclining Sofa Gerald and Patricia Butler 25. Blue Reclining Chair Gerald and Patricia Butler 25. Family Room Suite Gerald and Patricia Butler 25. Set of Oak Tables Gerald and Patricia Butler 25. Christmas Tree Gerald and Patricia Butler 25. Christmas Ornaments Set Gerald and Patricia Butler 25. Washer Gerald and Patricia Butler 2S. Dryer Gerald and Patricia Butler 25. Lawn mower Gerald and Patricia Butler 25. Pickle colored book cabinet Gerald and Patricia Butler 25. Hoover Vacuum Cleaner Gerald and Patricia Butler 25. Electrolux Vacuum Cleaner Gerald and Patricia Butler 3 PROPERTY TRANSFERRED Item Description Date Of Person To Whom Number of Property 'Transfer Consideration Transferred LIABILITIES Item Description Number of Propert y Names Of Names Of 24 All Creditors All Debtors ' Hospital Bills Holy Spirit health Patricia Butler NONMARITAL PROPERTY Item Description Number of Property Reason For Exclusion Owner from Marital Property Defendant reserves the right to correct and/or supplement this Inventory to the extent that she acquires additional information regarding assets and/or liabilities. 6 Gerald Linn Butler, IN THE COURT OF COMMON PLEAS OF' Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE C._. , Patricia Trego Butler, N Defendant NO. 10-3392 CIVIL TERM C, CERTIFICATE OF SERVICE I, Anna Strawn, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Inventory of Patricia Trego Butler on Gerald Linn Buler, via his attorney, Mark Bayley, 17 W. South Street, Carlisle, PA 17013, by depositing a copy of the same in the United States mail. Date Anna Strawn Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639