Loading...
HomeMy WebLinkAbout05-5173 HILARY THOMAS, Plaintiff V. SCOTT THOMAS, 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 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 irretriev- able breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 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. IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY BRANCH CIVIL ACTION-LAW No. OS - sl '73 ?t u LC-FZ IN DIVORCE 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 OFFICES SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. MidPenn Legal Service 213A North Front Street Harrisburg, PA 17101 1-800-932-0356 Lawyers Referral Service 100 South Street PO Box 186 Harrisburg, PA 17108 1-800-692-7375 Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 HILARY THOMAS, IN THE COURT OF COMMON PLEAS OF Plaintiff THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA, V. CUMBERLAND COUNTY BRANCH CIVIL ACTION-LAW SCOTT THOMAS, No. 0-• a Defendant IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 3302 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. HILARY THOMAS, Plaintiff V. SCOTT THOMAS, Defendant IN THE COURT OF COMMON PLEAS OF THE 9TH JUDICIAL DISTRICT OF PENNSYLVANIA, CUMBERLAND COUNTY BRANCH CIVIL ACTION-LAW No. OS--S-1-73 01c-)i C IN DIVORCE COMPLAINT UNDER SECTION 3301(c) or 3301(d) OF THE DIVORCE CODE The Plaintiff is HILARY THOMAS, who currently resides at 1059C York Road, Dillsburg, Cumberland County, Pennsylvania since 2003. 2. Defendant is SCOTT THOMAS, who currently resides at FPC, P.O. Box 2000, Lewisburg, Union County, Pennsylvania since January 10, 2005. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. Plaintiff avers that Defendant has also been a bonafide 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 September 22, 2001, in Mechanicsburg, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since January 2005. 6. The marriage is irretrievably broken. 7. Plaintiff avers that neither party is an active member of the United States Military or its allies. 8. 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. Being so advised, Plaintiff waives that right. 9. Plaintiff avers that Defendant has been advised of the availability of counseling and that Defendant may have the right to request that the Court require the parties to participate in counseling. 12. Plaintiff avers the following grounds for divorce: a. the marriage is irretrievably broken, c. the parties consent to the divorce; or in the alternative, b. the parties have lived separate and apart for a period of two (2) years. WHEREFORE, Plaintiff, HILARY THOMAS, prays for a divorce from the bonds of matrimony existing between Plaintiff and Defendant and that Your Honorable Court enter a Decree in Divorce. COUNT I - EQUITABLE DISTRIBUTION 13. Paragraphs 1 through 12 above are incorporated herein by reference as though set forth in full. 14. During the marriage, Plaintiff and Defendant have acquired various items of marital property and debt, both real and personal, which are subject to equitable distribution under the Divorce Code. 15. Plaintiff and Defendant are attempting to negotiate an agreement as to equitable division of said property and debt. 16. In the event the parties are unable to reach an agreement, Plaintiff requests that the Court equitably divide all marital property and debt. WHEREFORE, Plaintiff requests the Court to equitably divide all marital property and debt, and to enjoin the Defendant from transferring, encumbering, concealing, selling, removing, disposing or alienating any property owned by Plaintiff and Defendant individually, in co- ownership, or in any other person's name until further Order of Court, except by Agreement of the parties. WHEREFORE, Plaintiff, HILARY THOMAS, prays this Honorable Court: a. To enter a Decree in Divorce; and b. As to Count I, to equitably divide all marital property and debt; and c. To grant such further relief as the Court may deem equitable and just. Kespect tty Date: 1,2e ?0,5- Q ar A. Scar' gi U Scaringi & caring P.C. Attorney I.D. 2000 Linglestown Road, Suite 103 Harrisburg, PA 17110 (717) 657-7770 ATTORNEY FOR PLAINTIFF VERIFICATION I, HILARY THOMAS, verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. -ALIM ??n?a HILARY MAS DATE G- ao - U 5 X w Q 44 D C c ? ?c ti Curtis R. Long Prothonotary ff1LC of the Protbonotarp ' u cumberfanb countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor .6s - _U 13 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY nn,% rn„rthmitp Cmiare • Carlisle. Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573