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HomeMy WebLinkAbout04-3936 SCOTTW. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW NO. 2004 - J'131o IN DIVORCE CML TERM TAMMY S. BEHRENS, Defendant 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 by 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, Cumberland County Court House, 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 LA WYERAT 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 Lawyers Referral Service Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorney for Plaintiff SCOTT W. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TAMMY S. BEHRENS, Defendant NO. 2004- 393b IN DIVORCE CIVIL TERM COMPLAINT IN DIVORCE UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through his attorneys, Law Offices of Peter J. Russo, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual residing at 4902 Carlisle Pike, PMB 227, Mechanicsburg, Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual residing at 28 Pine Hill Avenue, Mechanicsburg, Cumberland County, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for most of his life and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Defendant has been a resident of the Commonwealth of Pennsylvania for most of her life and has resided continuously therein for at least six months prior to filing of this Complaint. 5. Plaintiff and Defendant were married on February 3, 2000, in Cumberland County, Pennsylvania. 6. There an~ no children of the parties under the age of eighteen (18) COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. 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, but does not request the same. 12. Plaintiff' and Defendant have reached a settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, Scott W. Thomas, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. Respectfully submitted, (._~.:~~:~OF~EI.ERJ. RUSSO, P.C. PeterJ.RUSSO'~ Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Date: '6 I r I 0'-\ 7CJ ~ ~ tt- t ~ - -- II) ~ ~ (} f:. C> -u C/) P- ~ -.t:- 1"'''-: (-, '~) c.~ (;';) -- - \....>r. 6. There are no children of the parties under the age of eighteen (18) COUNT I - DIVORCE 7. Plaintiff hereby incorporates by reference averments 1 through 6 of this Complaint as if each averment were set forth fully hereunder. 8. There has been no prior action for divorce by either party against the other. 9. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 10. Plaintiff avers that the marriage between the parties is irretrievably broken. 11. 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, but does not request the same. 12. Plaintiff and Defendant have reached a settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, Scott W. Thomas, prays that a decree be entered in favor of the Plaintiff and against Defendant as follows: A. That a decree in divorce be entered dissolving the marriage between the two parties. Respectfully submitted, ./..'.",.,L'":.~,( ORPEI..ER J. RUSSO, P.C. C ,~~ , ", 'Peter (RUsso, ~u;Q Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Date: '6 I r I 0,--\ LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE P A Supreme Court ID: 72897 3800 Market Street Camp Hill, P A 17011 (717) 591-1755 Attorney for Plaintiff SCOTT W. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TAMMY S. BEHRENS, Defendant NO. 2004- IN DIVORCE CML TERM VERIFICATION I, Scott W. Thomas, verifY that the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. g4904 relating to unsworn falsification to authorities. Date: -4.J~ ~ day' ~ LAW OFFICES OF PETER J. RUSSO, P.c. PETER J. RUSSO, ESQUIRE P A Supreme Court ill: 72897 3800 Market Street Camp Hill, P A 17011 (717) 591-1755 Attorney for Plaintiff SCOTTW. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW TAMMY S. BEHRENS, Defendant NO. 2004- IN DIVORCE CIVIL TERM CERTIFICATE OF SERVICE I, Debra A. Micklo, hereby certifY that I am on this day serving a copy of the foregoing documents upon the person (s) and ip the manner indicated below; First Class, Postage Prepaid and Service by Certified Mail, Postage Prepaid, and Addressed as Follows: Tammy S. Behrens 28 Pine Hill Avenue Mechanicsburg, PA 17055 ///i2/iU# Debra A. Micklo, Paralegal Date: q(b(OV 7CJ (.::i ~ t*- t 6 ...... ...... If) ~ ~ 0 ~ C> -u (I) p:- ~ -.t:- . c; C') --, '-. /II' " . v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SCOTT W. THOMAS Plaintiff TAMMY S. BEHREN Defendant NO. 2004 - 3936 IN DIVORCE CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1, Ground for divorce: irretrievable breakdown under (9 3301 (d)(1)) of the Divorce Code. 2. Defendant was served with the Complaint via Certified Mail Return Receipt on August 10, 2004. 3. Plaintiff executed the Affidavit required by 9 3301 (d) on March 10, 2006. 4. Plaintiff served the Defendant with a copy of the aforementioned Affidavit executed by Plaintiff, a Counter Affidavit, and a Notice of Intention to Request Entry of a Divorce Decree by depositing said in the mail on March 13, 2006. 5. To Plaintiff's knowledge, Defendant has not responded. 6. There is no related claims pending. Date: (b) Date of execution of the affidavit required by S 3301 (d) of the Divorce Code: (DATE); Date of filing and service of the plaintiff's affidavit upon the respondent: (DATE) 4. Related claims pending: 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the prothonotary: Date defendant's Waiver of Notice was filed with the prothonotary: LAW OFFICES OF PETER J. RUSSO, P.C. a~~~ Attorneys foijSlain iff Peter J. Russo, Esquire ID # 72897 Scott A. Stein, Esquire ID # 81738 Elizabeth J. Saylor, Esquire ID # 200139 If ~. Q\o v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SCOTT W. THOMAS Plaintiff TAMMY S. BEHREN Defendant NO. 2004 - 3936 IN DIVORCE CIVIL TERM CERTIFICATE OF SERVICE I Elizabeth J. Saylor hereby certify that I am on this day serving a copy of the foregoing documents via US Mail upon the following person(s): Tammy S. Behren 28 Pine Hill Avenue Mechanicsburg, PA 17055 ~A Elizabeth J. Sa r Date: i-G - (j& t".") , " '" \ (..1- c") , " ,~- -.~:i:. LAW OFFICES OF PETER J. RUSSO, P.c. PETER J. RUSSO, ESQUIRE P A Supreme Court ID: 72897 3800 Market Street Camp Hill, P A ] 7011 (717) 59]-1755 Attorney for Plaintiff SCOTT W. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW -:193r,. NO. 2004 ~7 IN DIVORCE CIVIL TERM TAMMY S. BEHRENS, Defendant PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT UPON DEFENDANT AND NOW, COMES, Peter J. Russo, Attorney for Plaintiff, Scott W. Thomas, and certifies that on August 6. 2004 , he did serve the Defendant, Tammy S. Behrens, with a true and correct copy of the Divorce Complaint filed against her alleging the parties' marriage was irretrievably broken under Section 3301(d) and Section 3301(c) of the Divorce Code. Said complaint was served upon the defendant by placing same in an envelope, return receipt requested and addressed to Tammy S. Behrens, at 1512 Timber Chase Drive, Mechanicsburg, Cumberland County, Pennsylvania. [ X ] Service of Plaintitl's Complaint on the Defendant, Tammy S. Behrens, was effected on August ]0.2004 . A true and correct copy of the U.S. Postal Service Return Receipt is attached hereto and the original is affixed to the reverse of this document. [ ] Service ofPlaintitl's Complaint on the Defendant, Tammy S. Behrens, was effected on_ . A true and correct copy of Defendant's Acknowledgment of Service is attached hereto and the original is affixed to this document. Date: q ( ? fOf Respectfully sJlbmittetl;-,------:;, ~.~.=- Peter J. Russo >, a: "",' \-.-- c Y-';o: >.,2c--~ ~tij:~ lIe; oe: UJe.;.. =:! l Ll Ll- -.- '"'- ..... ~ r-,' C':".' :2 ",~. ('~:~: 0'> l(') N ~' ~-~,.; <-','- w: -' ') o (''oJ ~ l'~ <:J? ts (::::.J <'" ::..J (.) . SCOTT W. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION - LAW TAMMY S. BEHRENS, Defendant NO. 2004 - 3936 IN DIVORCE CIVIL TERM SP>lDER COMPLE' " . . Comp\e\& ttems 1, 2, and 3. Also, complete Item 4 n Restricted Delivery Is desired. . PrInt your name and odd..... on the revelS8 so thot we can retum the csrd to you. . Attach this csrd to the beck of the msilplece. or on the front n specs permits. t. MlcIe Add_to: TA(YIrn'i C) . BEHRENS' ).'l PlIVe HILL Ave. MtcH AUlc5 & ute.. , PA l1oS5 ~~ .2.~~ 2. Article Number (7Iansfor from -/lib8/) PS Form 3811, August 2001 3. _l'jps . CsotIfIed Msll [J Ellprsss Moll [J Rsg_ [J Return RecsIpt lor M_ [J II18UI8Cl Mail [J C.O.D. 4. ResI1Icted lloIIveI'II (ElcIrs Fes) [J Yes 7002 2410 0004 1005 1047 Domestic Retum Recefpt t02595-02-M-1540 , , l! (~ l_~~ r' c ~ -., t.: '" 0-, .. Attorneys for Plaintiff Law Offices of Peter J. Russo, P.C. By: Elizabeth J. Saylor, Esquire Attorney J.D. No. 200139 3800 Market Street Camp Hill, PA 17011 (717)591-1755 (717) 591-1756 Facsimile Isaylor@pjrlaw.com v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SCOTT W. THOMAS Plaintiff TAMMY S. BEHREN Defendant NO. 2004 - 3936 IN DIVORCE CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statement will be admitted. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on March 11, 2004, and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. . I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904 relating to unsworn falsification to authorities. r"~ ~ ( TT W. THOMAS Date: SCOTT W. THOMAS Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION. LAW TAMMY 5. BEHREN Defendant NO. 2004 - 3936 IN DIVORCE CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF 9 3301(d) DIVORCE DECREE You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 9 3301 (d) affidavit. Therefore, on or after April 3, 2006, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION 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 717-249-3166 1-800-990-9108 LAW OFFICES OF PETER J. RUSSO, P.C. ~~/ ~~ '3-/J-ob Attorneys for ~intiff Peter J. Russo, Esquire 10 # 72897 Scott A. Stein, Esquire 10 # 81738 Elizabeth J. Saylor, Esquire 10 # 200139 v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SCOTT W. THOMAS Plaintiff TAMMY S. BEHREN Defendant NO. 2004 - 3936 IN DIVORCE CIVIL TERM COUNTER-AFFIDAVIT UNDER S 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (I), (ii), or both): (i) The parties to this action have not lived separate and apart for a period of a t least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do no claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) ABOVE, I MUST ALSO FILE ALL OF MY ECONOMIC CLAIMS WITH THE PROTHONOTARY IN WRITING AND SERVE THEM ON THE OTHER PARTY. If I fail to do so before the date set forth on the Notice of Intention to request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. S 4904, relating to unsworn falsification to authorities. Date: TAMMY S. BEHREN NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claims for economic relief, you should not file this counter-affidavit. v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW SCOTT W. THOMAS Plaintiff TAMMY S. BEHREN Defendant NO. 2004 - 3936 IN DIVORCE CIVIL TERM CERTIFICATE OF SERVICE AND NOW, COMES, Elizabeth J. Saylor, Attorney for Plaintiff, Scott W. Thomas, and certifies that on .: / f. c &- she did serve the Defendant, Tammy S. Behren, via regular mail at 28 Pine Hill Avenue, Mechanicsburg, PA 17055 with the following: a) Cover letter to Defendant b) Plaintiffs Affidavit c) Defendant's Counter-Affidavit d) Notice of Intent to Enter Divorce. //// ,'7. 'e,/?-Z,-v L. (. ' I - .-.-..... Elizabeth J. Saylor,Bquire 3800 Market Street Camp Hill, PA 17011 Date: 5' - / ) - c 6 r;2 ,--" c;'t - . ,.-, t. " ,..f\ _J --"- . . . . . . . . . . . . . . . . :+,., :+ Of. :+ :+ ~t :++:+:+:+ Of. Of . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+'+':+:+ :+:+:+: :+:++:+:+:+ :t:++++:+:t+++++:++++ +:+:+++ +++++++++++:++++++++++:++++++++~ . . . . . . . . . . . . . , . . . . . . . . . . , , . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PEN NA. 2004-3936 SCOTT W. THOMAS, Plaintiff No. VERSUS TAMMY S. BEHRENS. Defendant DECREE IN DIVORCE . . . . , , . . . . . . . , . . . . . . . . , . . . . . . . . . . . . . . , . . . q,., H'I SCOTT W. THOMAS /p' AND NOW, , .zaoc. , IT IS ORDERED AND DECREED THAT , PLAINTtFF, TAMMY S. BEHRENS AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; NI Nt( By THE COUR~d ATTES :j '. 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