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Home My WebLink About05-1286 HILDA SEEWALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW : DIVORCE THOMAS M. SEEWALD, Defendant : NO. 05- i ;)f!C:- CIVIL TERM 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 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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 WYER 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 Bedford Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County 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, You must attend the scheduled conference or hearing. HILDA SEEWALD, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW : DIVORCE THOMAS M. SEEWALD, Defendant : NO. 05- CIVIL TERM COMPLAINT COUNT I DIVORCE UNDER 23 Pa.C.S. llli3301(c). 3301(d), 3301(a)(5) and 3301(a)(6) Plaintiff, Hilda Seewald, by her attorneys. the Family Law Clinic, sets forth the following cause of action: I. Plaintiff is Hilda Seewald, who currently resides at 2312 Logan Street, Camp Hill, Cumberland County, Pennsylvania 17011. 2, Defendant is Thomas Michael Seewald, who currently resides at 2639 Herr St., Harrisburg, Cumberland County, Pennsylvania 17103, 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 4, 1976 in Queens County, New York. 5, Plaintiff and Defendant have lived separate and apart since October, 2004, 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Throughout the past seven years of marriage, Defendant has suffered from gambling and alcohol addictions, resulting in Plaintiff repeatedly not knowing the whereabouts of her husband and causing severe emotional hann to Plaintiff and her children, 9, Defendant was arrested on July 23,2004 for driving under the influence of alcohol. A true and correct copy of Defendant's criminal record is attached hereto as Exhibit A, and incorporated herein after. 10. Defendant has offered such indignities to plaintiff, an injured and innocent spouse, as to render her condition intolerable and life burdensome. II. Plaintiff has been advised that counseling is available and that Plaintiff or Defendant may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. COUNT II EQUITABLE DISTRIBUTION II, Plaintiff repeats and realleges paragraphs one through ten. 12. Plaintiff and Defendant have incurred numerous debts during their marriage, including, but not limited to, medical debt, credit card debt, household debt, and cellular phone debt. 13. Plaintiff and Defendant have acquired a brokerage account in the amount of $27,046.26 as of September 30, 2003 in the names of their daughter, Katelyn Seewald, and Defendant Thomas Seewald. WHEREFORE, Plaintiff requests the court to enter a decree dividing the property and the debt equally between the parties and such other relief as the court deems just. COUNT III ALIMONY 13. Plaintiff repeats and realleges paragraphs one through thirteen. 14. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards ofliving established during the marriage. 15. Plaintifflacks sufficient property to provide for her reasonable needs and is unable to sufficiently support herself. 16. Defendant is employed as a mechanist and is financially able to provide for the reasonable needs of the plaintiff. WHEREFORE, plaintiff requests the court to enter an award of reasonable alimony, and such other relief as the court deems just. Respectfully Submitted, Date: ~ e M. ornall Certified Legal Intern ~cU-Jri~^-- . . . PLACE ROB T E. RAINS LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. S4904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. Dated: #L Hil~~ar:4C4/cJ{J q , '-'j ~l --I ::r1~ 1, r , (t,\ .1 - -..J) HILDA SEEWALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION-LAW DIVORCE THOMAS M. SEEWALD, Defendant : NO.05-/:J.f/P CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Hilda Seewald, Plaintiff, 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. Date~ Respectfully submitted, ~~j Certified Legal Intern r:I~ ~w-J(( THO S . PLACE ---. ROB T E. RAINS Supervising Attorneys ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Staff Attorneys F AMIL Y LA W CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 t'...) C:-7l ~L.;:~ _.- ~'" T'~ ;<,) c~ ... -' -r:~ l~;l~; (/ '" ;-'T' co l...C) HILDA SEEWALD, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE THOMAS M. SEEWALD, Defendant NO. 05 - 1286 CIVIL TERM CERTIFICATE OF SERVICE !, Alexis C, Falvello, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of Divorce Complaint on Thomas Michael Seewald, residing at 2634 Herr Street, Harrisburg, Dauphin County, Pennsylvania, by depositing a copy ofthe same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Thomas Michael Seewald, on the the 12th day of March, 2005 as evidenced by the attached green card. ID " ~ U ID ID .- ~ 0. ~-ci @ .<<i '\ '" o ~ CD 6 E u.tfj~ >-0) ;S-"N () g~ c:BE . ~ ~ (" <(.~ ~"Eo~ ty)~~BtE 'i~ ~ -o~i;Q)ctl~ ~;'/ C.-"O..r:::. .0 ctlWctl.....Q) v C\JO"OE.s~ . S '(-~ ~~ ~~.8 @- -8 ~~ ooUQ) ...."."!: " E";:: E C '- +-' U , . :J 1 ~~~~r5e " 0- . <D a: '- Q).~ "I- ~ t to') ..........::J:s:..c Q) u ~ (1)-- 0 +-'.c ;:;> '" a.."'<t >.1t;..c- d EEc:sga ID f "" c 12 8.~d: g~ 0 " <i . . . co; . . " " 1:: ~ ~:g <11 0 <(<:(~z 0000 ID ED C " '" " - ~ Iii u ~-g '5 ~ ~ ~ " " " , . ID ?- C \ ~':~,.. iil:3 u>- $ ~ \ o )( 0 ID 1 ~~ ~~ iii _ oj):::2:"'O ~ Cl"'C ~ .c:: F':~~~ .~ ffi .~ 171 2: () a: E $)1 ~ 0 '" oi ID " '6 c . .c ~ ID :> lexis c. Falvello ertified Legal Intern m 00 ~ " do m ~ m ~ N ~ " :l' 'fi c .E 1i .- "(ii ~ ~ gJ ~ . Q3' <V .... 0 lb a ~ 0 Ll. ~ & 0 jg DCllD i!l o. ?- . ., .. o " . u .0 ii "' FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 G) "S [, rl 1i . '). o &' " E I.... 0 ( ;j1 u ~I ~ E o o U.S. Postal Service," CERTIFIED MAIL" RECEIPT (Domestic Mail OnJ~' No Insurance Coverage Provided) rn ru C'- ru :r C'- C'- Ul :r o o o Return Reclept Fee (EndOrsement Required) CertiflBd FSB o Restricted Delivery Fee .-:I (Endorsement Required) '"" rn ~. 51) //<;' '" '" '" Total Postage & Fees $ >. 3 .., rn Dent 0 ~ . .::L.hc:flA,S....'5..:'._-!...,"'-:d'-.'d......._....................___.... Si,"eI. ApI, No,; I . I 1-.. 0' PO Sox No, ';;' G, .3 d />.J€..!V> ~..-I- ........___.._.._......_._....._L..._.........._~ ._..YoJ'..!"..______.........____. City, State, ZIP+4 p '-' 1,A.-{'.J.-<. )-1 1-71 0 " ..."./ ---------- c.") :4 ') ,...' -"i' ,....;I- - -"- HILDA SEEWALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE THOMAS M. SEEWALD, Defendant : NO. 05- 1286 CIVIL TERM TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO WITHDRAW COUNT II mOUlT ABLE DISTRIBUTION) AND COUNT III (ALIMONY) Hilda Seewald, Plaintiff, through her counsel, the Family Law Clinic, files the within Praceipe to Withdraw as follows: I. Plaintiff filed for divorce on March 11,2005 under SS 3301(a)(5), (a)(6), (c), and (d) of the Divorce Code. 2. The Divorce Complaint included counts for Equitable Distribution and Alimony. 3. At this time, Plaintiff wishes to withdraw the counts for Equitable Distribution and Alimony at Counts II and III of the Divorce Complaint respectively. Respectfully submitted by: Ang IC Revelant Certified Legal Intern UtE.~ ROBERT RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX WILLIAM G. MARTIN FAMILY LA W CLINIC 45 North Pitt Street Carlisle, P A 17013 717-243-2968 Fax: 717-243-3639 HILDA SEEWALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE THOMAS M. SEEWALD, Defendant NO. 05- 1286 CIVIL TERM AFFIDAVIT OF CONSENT I. A Complaint in Divorce under 99 3301(a)(5), (a)(6), (c), and (d) of the Divorce Code was filed on March 11,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the 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. 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. 94904, relating to unsworn falsification to authorities. Date_5/iiJiL ~ y" .'!~~(.1Y!Y I-lilda Scevvald, Plaintiff n c ~ ,~:.:) '.:;J..~ o " .-< fr: N W -;-"\ 1":7 (,.'.) .....J HILDA SEEWALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE THOMAS M. SEEWALD, Defendant NO. 05- 1286 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ss 3301(a)(5), (a)(6), (c), and (d) of the Divorce Code was filed on March 11,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree. 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. s4904, relating to unsworn falsification to authorities. .,1 r I / Date___WtJ b '1f~ftt~.( Thomas 1vI. Seewald, Defeudam ,...., = C:J c.:.:.r'" o --n --l :r:." ;l1r~~ I' ; 'i.J I'.) G..> C.J -, r:--? C-.) -.J HILDA SEEWALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. CIVIL ACTION-LAW DIVORCE THOMAS M. SEEWALD, Defendant : NO. 05- 1286 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER && 3301(c) and (d) OF THE DIVORCE CODE I. 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 herein are made subject to the penalties of 18 Pa.C.S. S4904 relating to unsworn falsification to authorities. I I Date c::; / ~ / cJ 0 I I ~J}a ~JdJ( HI da Seewald, Plaintiff Q '. ~-, .= C::;"1 '.}", -. o -n ::::! FJ1~! 1,> Cj -"-~: N W ',1 f'o.) Ct,) -.J HILDA SEEWALD, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE THOMAS M. SEEWALD, Defendant NO. 05- 1286 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER l)l) 3301(c) and (d) OF THE DIVORCE CODE I. 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 herein are made subject to the penalties of 18 Pa.C.S. 94904 relating to unsworn falsification to authorities. Date 0---/ - I, " I ,\ !() l <tLn~ Thomas M. Seewald, Defendant 0 ...., 0 C,",:,> c_ ":.::0 -n r:.;.-'. :r ;p r"l1 ._~~ b...-i N l. ' (.;,) ~~) -','j ~~; '-2' , , f'0 ~"" C,.,) ~:,0 c;, .< HILDA SEEWALD, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION- LAW : IN DIVORCE AND CUSTODY THOMAS M. SEEWALD, Defendant : No. 05-1286 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: l. Ground for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2, Date and manner of service of the complaint: Served on defendant by U,S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Thomas M. Seewald, defendant, on March 12,2005. 3. Date of execution of the affidavit of consent required by ~3301 (c) of the Divorce Code: by plaintiff- May 5, 2006; by defendant- May 5, 2006. 4. Related claims pending: none. 5. Date plaintiff's Waiver of Notice was filed with the Prothonotary: May 23, 2006, Date defendant's Waiver of Notice was filed with the Prothonotary: May 23, 2006. s/u/ov> Date ~ Certified Legal Intern A~~~;qb- Supervising Attorneys F AMIL Y LAW CLINIC 45 N. Pitt Street Carlisle, P A 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff 0 "-' 0 = ~-::; <.:::;::..J -0 c..~ ;" :::~;"; ;".., (..) -~4 T>? ~ c.) ~~" CO ,.;'" Of. Of. Of. Of. Of. Of. ill Of. Of. Of. Of. ill Of. ill Of. IN THE COURT OF COMMON.PLEAS OFCUMBERLANDCOUNTY STATE OF if. HILDA SEEWALD, if. if. if. Plaintiff if. VERSUS THOMAS M. SRRWA~D, Defennant AND NOW, ;f- DECREED THAT AND PENNA. No. 1286 2005 DECREE IN DIVORCE n112y JI ~ -,ilt:J(.. , IT IS ORDERED AND HILDA SEEWALD , PLAINTIFF, THOMAS M. SEEWALD , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT YET BEEN ENTERED; if. [f. [f. NONE By THE cou~ T~ '. r ~PROTHONOTARY [f. [f. [f. [f. [f. [f. [f.[f. ;f- [f. if. if. ;f- if. [f. [f. ;f- if. if. if. ;f- ;f- [f. Of. Of. [f. Of. Of. Of. [f. Of. Of. Of. [f. Of. if. Of. Of. Of. Of. Of. Of. Of. ,. ,. Of. J. -~ ~ ~ ~ 9(;7. 11-dJ . 7:::T ~ ~ ~e? . Pl 1(}- 'If. d} . ..'\ll s.... . " '.; ~; ~ - '"