HomeMy WebLinkAbout06-0443SUZANNE THOMAS : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 -y43 CIVIL TERM
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 following pages, you must take prompt action. You are warned that iI
you fail to do so, the case maybe 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 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, PENNSYLVANIA 17013
TELEPHONE: 249-3166
PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
3800 Market Street
Camp Hill, PA 17011
(717)591-1755
Attorney for Plaintiff
SUZANNE THOMAS : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 - 'Yy3 CIVIL TERM
Defendant IN DIVORCE
COMPLAINT IN DIVORCE
UNDER SECTION 3301(c) AND 3301(d) OF THE DIVORCE CODE
AND NOW, COMES, the above-named Plaintiff by and through her
attorney Peter J. Russo, 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 217 South 16'h Street, Camp Hill,
Cumberland County, Pennsylvania and is a citizen of the United States.
2. Defendant is an adult individual residing at 895 York Road, Dover, York
County, Pennsylvania, and is a citizen of the United States.
3. Plaintiff has been a bona fide resident of the Commonwealth of
Pennsylvania for twenty-six (26) years and has resided continuously therein for at least six
(6) months prior to filing of this Complaint.
4. Defendant is a resident of the Commonwealth of Pennsylvania and has
resided continuously therein for at least six (6) months prior to filing of this Complaint.
5. Plaintiff and Defendant were married on September 7,1991, in Cumberland
County, Pennsylvania.
PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SUZANNE THOMAS
Plaintiff
v.
CHARLES THOMAS
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2006 - 443 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Janet E. Bush, hereby certify that I am on this day serving a copy of the foregoing
documents upon the person (s) and in the manner indicated below;
Service by First-Class Mail, Postage Prepaid, and Addressed as Follows AND by
Certified Mail# 7001 2510 0006 5849 7225
CHARLES THOMAS
895 YORK ROAD
DOVER, PA 17315
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et E. Bush, Paralegal
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6. Plaintiff and Defendant sepazated on October 2,1998.
7. There aze no children of the parties under the age of eighteen (18).
8. Plaintiff desires to return to her maiden name of Suzanne Martin.
COUNT I -DIVORCE
9. Plaintiff hereby incorporates by reference averments 1 through 8 of this
Complaint as if each averment were set forth fully hereunder.
10. There have been two (2) prior actions for divorce by either party against the
other. Both were dismissed.
11. Neither Plaintiff nor Defendant is in the Armed Forces of the United States
or any of its allies.
12. Plaintiff suers that the marriage between the parties is irretrievably broken.
13. 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.
COUNT II - EQUITABLE DISTRIBUTION
14. The prior paragraphs of this Complaint are incorporated herein by reference
thereto.
15. Plaintiff requests the Court to equitably divide, distribute or assign the
marital property between the parties without regazd to marital misconduct in such
proportion as the Court deems just after consideration of all relevant factors.
WHEREFORE, Plaintiff, Suzauue 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.
B. The Court enter an order of equitable distribution of marital property
pursuant to Section 3502(a) of the Divorce Code.
Res~~ctfu subm~itte~;--~
i
Peter J. Russo, Esquire
3800 Market Street
Camp Hill, PA 17011
(717)591-1755
ID # 72897
Date: 1 ~ ~ ~ o ~'
PETER J. RUSSO, ESQUIRE
PA Supreme Court ID: 72897
3800 Market Street
Camp Hill, PA 17011
(717)591-1755
SUZANNE THOMAS
Plaintiff
v
CHARLES THOMAS
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2006 -
IN DIVORCE
VERIFICATION
CIVIL TERM
I, Suzanne 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. §4904 relating to unswom
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SUZANNE THOMAS : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006-CV- CIVIL TERM
Defendant IN DIVORCE
AFFIDAVIT OF SERVICE
I, Cesar L.Buono, being duly sworn according to law, that I am over 18 years of age and
not a party to the above-captioned action, served and made known to Steve Brown on the
8th day of February, 2006 at 11:05 a.m. at 895 York Road, Dover, PA 17315 a Divorce
Complaint, 20-Day Notice/Affidavit of Separation, Notice of Intent to Request Entry of
Divorce, Counter Affidavit Under Section 3301 (d) of the divorce code issued in the
above entitled case in the manner described below:
[ ] Personally delivered them into the hands of the person to be served
[X] Adult family member with whom that person resides. Relationship is
brother .
[ ] Agent or person in charge of person's office or usual place of business
[ ] Other.
Descriation of Reciaient
Sex: male Skin Color: white Hair Color: dark blonde
Facial Hair: no Height (approx.): 6' Weight (approx.): 170
Age: 43
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Signature
Title Badge/ID # (if any)
3800 Market Street, Camp Hill, PA 17011
Address
717-591-1755
Phone Number
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Attorneys for Plaintiff
Law Offices of Peter J. Russo, P.C.
By: Elizabeth J. Saylor, Esquire
Attorney I.D. No. 200139
3800 Market Street
Camp Hill, PA 17011
(717)591-1755
(717) 591-1756 Facsimile
Isaylor@pjrlaw.com
SU2:ANNE THOMAS IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS : NO. 2006 -443 CIVIL TERM
Defendant IN DIVORCE
PETITION FOR BIFURCATION
Petitioner, her attorney, respectfully requests that this Honorable Court grant
the Petition for Bifurcation, and in support thereof avers as follows:
1. Petitioner is Suzanne Thomas, the Plaintiff in the above-captioned divorce
action.
2. Respondent is Charles Thomas, the Defendant in the above-captioned
divorce action.
3. Petitioner and Respondent were married on September 7, 1991, in
Cumberland County, Pennsylvania .They have no children.
4. On January 24, 2006, Petitioner commenced a divorce action by filing a
Complaint in Divorce as of the above docket number seeking equitable
distribution of marital property.
5. Petitioner will file an Affidavit pursuant to Section 3301 (d) of the Divorce
Code alleging, inter alia, that the parties separated on October 2, 1998, and have
continued to live separate and apart for at least two (2) years and that the
marriage is irretrievably broken.
6. Petitioner will file an Inventory as required by the Rules of Court.
7. Petitioner will file aPre-Trial Statement pursuant to the Rules of Court.
8. No discovery has been requested by either party.
9. The parties file separate tax returns.
10. Both parties are in good health and there is little likelihood of a shortened
lifespan.
11. The parties have their own separate health insurance coverage.
12. The Plaintiff filed a chapter 13 bankruptcy in or about January 2001 which
is expected to close in October 2006. Defendant is not believed to have filed or
be likely to fild for bankruptcy.
13. Neither party's property rights would be affected in any way by a bifurcation
of the divorce from the pending economic issues.
14. The parties have maintained an economic status quo during the separation
that Petitioner has no intention of disturbing.
15. Bifurcation would not disturb that economic status quo.
16. Petitioner agrees to waive the Deadman's Rule.
17. Petitioner believes and avers that the advantages of bifurcation of this
divorce action are substantially greater than the disadvantages for the following
reasons:
(i) A speedy resolution of the divorce issue would allow the parties to
restructure their personal lives.
(ii) Bifurcation will accelerate the dissolution of the parties' marriage which
has been acknowledged by both parties to be irretrievably broken.
(iii) Bifurcation will further the policy behind Pennsylvania's Divorce Code in
making the legal dissolution of marriage effective for dealing with the reality of
matrimonial experience by taking into primary consideration the welfare of the
family rather than the vindication of private rights. 23 Pa. C.S.A. Section
3102(a).
(iv) Bifurcation of this divorce action wi11 also separate the dissolution of the
marriage from the distribution of property so that the marriage and each party's
personal life are not held hostage to economic demands.
(v) Bifurcation of the divorce action will in no way prejudice, diminish or
impair Respondent's economic claims under the Divorce Code.
WHEREFORE, Petitioner respectfully requests that this Court grant her
Petition for Bifurcation, reserving jurisdiction on the economic claims raised by
the parties.
Respectfully submitted,
lAW OFFICES OF PETER J. RUSSO, P.C.
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Attorneys for P aintiff
Peter J. Russo, Esquire
ID # 72897
Scott A. Stein, Esquire
I D # 81738
Elizabeth J. Saylor, Esquire
ID # 200139
Date: ~ ' 7'~~
Attorneys for Plaintiff
Law Offices of Peter J. Russo, P.C.
By: Elizabeth J. Saylor, Esquire
Attorney LD. No. 200139
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SUZANNE THOMAS
Plaintiff
v.
CHARLES THOMAS
Defendant
Attorney for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2006 - 443
IN DIVORCE
CIVIL TERM
VERIFICATION
I, Suzanne Thomas, verify that the statements made in the foregoing document are
trne and correct. I understand that false statements made herein aze subject to the penalties
of 18 Pa.C.S. §4904 relating to unswom falsification to authorities.
Date: ~,~ 9 "d~
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Attorneys for the Plaintiff
Law Offices of Peter J. Russo, P.C.
By: Elizabeth J. Saylor, Esquire
Attomey I.D. No. 200139
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SUZANNE THOMAS
Plaintiff
v
CHARLES THOMAS
Defendant
Attomey for Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2006 - 443 CIVIL TERM
IN DIVORCE
CERTIFICATE OF SERVICE
I, Janet E. Bush, hereby certify that I am on this day serving a copy of the foregoing
documents upon the person (s) and in the manner indicated below;
Service by First-Class Mail, Postage Prepaid, and Addressed as Follows:
CHARLES THOMAS
895 YORK ROAD
DOVER, PA 17315
E. Bush, Paralegal
Date: 3 ~ ~ ~
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SUZANNE THOMAS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -DIVORCE
CHARLES THOMAS
DEFENDANT 06-443 CIVIL
ORDER OF COURT
AND NOW, this 17`h day of March, 2006, upon consideration of the foregoing
petition, IT IS HEREBY ORDERED AND DIRECTED that:
1. A rule is issued upon the defendant to show cause why the plaintiff is not
entitled to the relief requested;
2. The defendant will file an answer to this petition on or before April 10, 2006;
3. The petition shall be decided under Pa. R. C. P. No. 206.7;
4. If the Defendant files an answer to this Rule to Show Cause, and the answer
raises disputed issues of material fact, an evidentiary hearing shall be held on the
19"' day of April, 2006, at 1:30 p.m. in Courtroom No. 5 of the Cumberland County
Courthouse. If no answer to the Rule to Show cause is filed by the required date, the
relief requested by Plaintiff shall be granted.
By the Court,
~w Office of Peter J. Russo, P.C.
A/ttorneys for Plaintiff
Charles Thomas
895 York Road
Dover, PA 17315 ~~
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LAW OFFICES OF PETER J. RUSSO, P.C.
ELIZABETH J. SAYLOR, ESQUIRE
PA Supreme Court ID: 200139
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SUZANNE THOMAS : IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 - NO. 2006 - 443
Defendant CIVIL TERM IN DIVORCE
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes The Law Offices of Peter J. Russo, P.C., and sets forth the
following:
1. On the 17th day of March, 2006, the Honorable M.L. Ebert, Jr. issued a Rule
upon the Defendant to show cause why plaintiff is not entitled to the bifurcation
requested. Defendant was to file an answer to the petition on or before April 10, 2006.
2. As of April 21, 2006, Defendant has failed to file an answer to said petition.
WHEREFORE, Plaintiff Suzanne Thomas,. by and through her counsel, requests
this Court make the Rule Absolute and grant Plaintiff's Petition for Bifurcation.
Respectfully submitted,
Law Offices of Peter J. Russo, P.C.
Date: ` -~l-U b gy;
Elizabeth J. Saylor, Esquire
Attorney ID No. 200139
3800 Market Street
Camp Hill, PA 17011
LAW OFFICES OF PETER J. RUSSO, P.C.
BY: ELIZABETH J. SAYLOR, ESQUIRE
PA Supreme Court ID:
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SUZANNE THOMAS IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 - NO. 2006 - 443
Defendant CIVIL TERM IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
foregoing documents upon the following persons, in the manner indicated:
FIRST CLASS MAIL
Charles Thomas
895 York Road
Dover, PA 17315
LAW OFFICE OF PETER J. RUSSO, P.C.
BY: ~ 4 ~ - ~V uy~
Date: L~ _ -~~ ~~
SUZANNE THOMAS IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY. PENNSYLVANIA
v. :CIVIL ACTION -DIVORCE
CHARLES THOMAS
DEFENDANT 06-443 CIVIL
ORDER OF COURT
AND NOW, this 25"' day of April, 2006, after consideration of the Plaintiff's
Petition for Bifurcation, and noting that the Defendant has filed no answer to the Rule to
Show Cause issued by this Court on March 17, 2006, IT IS HEREBY ORDERED AND
DECREED that:
1. The divorce action is bifurcated from the pending ancillary economic claims.
2. The Court retains jurisdiction of any pending economic claims raised by
either party.
3. The parties are enjoined from encumbering, dissipating, selling, or otherwise
alienating any and all marital assets.
By the Court,
M. L. Ebert, Jr., J.
lizabeth J. Saylor, Esquire
Attorney for Plaintiff '
;,,eharles Thomas
Defendant
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SUZANNE THOMAS
Plaintiff
v
CHARLES THOMAS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2006 - NO. 2006 -443
CIVIL TERM IN DIVORCE
INVENTORY OF SUZANNE THOMAS
Plaintiff 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.
Plaintiff verifies that the statements made in this inventory are true and
correct. Plaintiff understands that false statements herein are made subject to
the penalties of 18 Pa.C.S. § 4904~relating to unsworn falsification to authorities.
ASSETS OF THE PARTIES
Plaintiff 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
( ) 5. Checking accounts, cash
( ) 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. Patent, copyrights, inventions, royalties
(X) 14. Personal property outside the home
(X) 15. Business (list all owners, including percentage or 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
() 18. Pension plans (indicate employee contribution and date plan vests}
( ) 19. Retirement plan, Individual Retirement Accounts
( ) 20. Disability payments
( ) 21. Litigation claims (matured and unmatured)
( ) 22. MilitarylV.A. benefits
( ) 23. Education benefits
(X) 24. Debts due, including loans, mortgages held
(X) 25. Household furnishings and personality (include as a total category and
attach itemized list if distribution of such assets is in dispute)
( ) 26. Other
MARITAL PROPERTY
Plaintiff lists all martial 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 Number Description of Progerty
1 1622 Catherine Street
Harrisburg, PA
1 256 Juniper Drive
Etters, PA
2 1998 Oldsmobile Bravada
2 1997 Chevy S-10
14 1998 Sea-doo Jet Ski
14 Kawasaki Jet Ski
Name of All Owners
Plaintiff and Defendant
Plaintiff and Defendant
Plaintiff and Defendant
Plaintiff and Defendant
Plaintiff and Defendant
Plaintiff and Defendant
14 1994 Sunbird Boat Plaintiff and Defendant
14 2 Boat trailers Plaintiff and Defendant
15 C. Thomas Financial Defendant
24 GMAC for Etters Home Plaintiff and Defendant
$30,000.00
24 NCFCU for Bravada (now paid off) Plaintiff and Defendant
24 NCFCU Home Equity (now paid off) Plaintiff and Defendant
25 Black leather couch/love seat Plaintiff and Defendant
25 Black coffee table and end tables Plaintiff and Defendant
25 Dining table with 6 chairs Plaintiff and Defendant
25 Refrigerator Plaintiff and Defendant
25 Pfaltzgraff 16 piece dishware Plaintiff and Defendant
25 T-fal cookware Plaintiff and Defendant
25 Serving set (16 piece) Plaintiff and Defendant
25 32" RCA color TV Plaintiff and Defendant
25 Black Lacquier TV/Stereo stand Plaintiff and Defendant
25 Desk Plaintiff and Defendant
25 Computer Plaintiff and Defendant
25 Filing Cabinet Plaintiff and Defendant
25 Office chairs Plaintiff and Defendant
25 Day bed Plaintiff and Defendant
25 27° RCA color TV Plaintiff and Defendant
25 Green micro-fiber couch/love Plaintiff and Defendant
seat/overstuffed chair/ottoman
25 Stereo equipment/bose speakers Plaintiff and Defendant
25 Rod Iron patio furniture seating for 6 Plaintiff and Defendant
25 King size bed Plaintiff and Defendant
25 Oversized bureau/end tables/armoire Plaintiff and Defendant
25 Washer and Dryer Plaintiff and Defendant
25 Nordic Track Plaintiff and Defendant
25 Christmas decorations Plaintiff and Defendant
25 Clothing (Suzanne's) Plaintiff and Defendant
25 Grill Plaintiff and Defendant
NON-MARITAL PROPERTY
Plain tiff lists all property in which a spouse has a legal or equitable interest
which is cla imed to be excluded from marital property:
{tem No. Description of Property Reason Excluded
N/A
PROPERTY TRANSFERRED
Item Description Transfer Consid- Transferred
No. of Property Date eration to
Property transferred by Defendant:
2 Ghevy S-10 unknown unknown unknown
14 Sea-doo Jet ski unknown unknown unknown
14 Kawasaki Jet ski unknown unknown unknown
14 Sunbird Boat unknown unknown unknown
14 2 Boat Trailers unknown unknown unknown
Property transferred by Plaintiff
2 Oldsmobile Bravada
Item Description
Number of Property
256 Juniper Dr
2000 $5,000
LIABILITIES
Names of
All Creditors
GMC
VA Dealership
Names of
All Debtors
Plaintiff and Defendant
SUZANNE THOMAS IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 - NO. 2006 - 443
Defendant CIVIL TERM IN DIVORCE
CERTIFICATE OF SERVICE
I, Janet E. Bush, hereby certify that I am on this day serving a copy of the
foregoing documents upon the person(s) and in the manner indicated below:
US Mail addressed as follows:
Charles Thomas
895 York Road
Dover, PA 17315
Date: a1 CX~
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Ja t E. Bush
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SUZANNE THOMAS IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 -443
Defendant CIVIL TERM IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, COMES, Elizabeth J. Saylor, Attorney for Plaintiff, Suzanne.
Thomas, and certifies that on 1 ` ~4~~ ~~ o~Qd~ she did serve the
Defendant, Charles Thomas, via certified and regular mail at 895 York Road,
Dover, PA 17315 with the following:
a) Cover letter to Defendant
b) Plaintiff's Affidavit
c) Defendant's Counter-Affidavit
d) Notice of Intent to Enter Divorce.
Elizabeth J. Saylor, Esquire
3800 Market Street
Camp Hill, PA 17011
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SUZANNE THOMAS
Plaintiff
v
CHARLES THOMAS
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2006 - 443
CIVIL TERM IN DIVORCE
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 3301(d)(1) of the
Divorce Code.
2. Defendant was served with the Complaint via personal service on
February 8, 2006.
3. Affidavit required by § 3301(d) of the Divorce Code was executed on
May 17, 2006. The Plaintiffs affidavit was filed on May 19, 2006 and served on
the Defendant on May 17, 2006.
4. There are no other related claims pending except for the Plaintiffs
Petition for Bifurcation that was granted by the Honorable Judge M.L. Ebert, Jr.,
on April 25, 2006.
I
5. The notice of intention to request entry of a divorce decree was mailed
to the defendant on May 17, 2006, a copy of which is attached hereto.
LAW OFFICES OF PETER J. RUSSO, P.C.
Attorneys'for Plaintiff/ /
Peter J. Russo, Esquire
ID # 72897
Scott A. Stein, Esquire
ID # 81738
Elizabeth J. Saylor, Esquire
ID # 200139
Date: (~-~y"06
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SUZANNE THOMAS IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. CIV1L ACTION -LAW
CHARLES THOMAS NO. 2006 - 443
Defendant CIVIL TERM IN DIVORCE
CERTIFICATE OF SERVICE
I, Janet E. Bush, hereby certify that I am on this day serving a copy of the
foregoing documents upon the person(s) and in the manner indicated below:
Regular US Mail, and addressed as follows:
Charles Thomas
895 York Road
Dover, PA 17315
Date: I ' ~ ~ J 6
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SUZANPJE THQMAS IN THE COURT 6F COIVIIVION PLEG,S ®F
PEaintifff :CUMBERLAND COUNTY, PEYdNSYLVANlA
tr. :CIVIL ACTION -LAIN _, ^~
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CHARLES TiiOIi~AS NO. 2006 - 443 = -
DeferMdant CIVIL TERIVi I!~ E7ivORCE
GEF~TEFlCATE OF SEP.VICE
ANLl NOlltr, CONES, Elizabeth J. Saylor, Attorney for Piaintifii, Suzanne.
Thomas, and certifies that on ~ ` ~ ,i she did serve the
Defendant, Charles Thomas, via certified and regular mail at 895 York Road,
Dover, PA 17315 with the following:
a) Cover letter to Defendant
b) Plaintiff's Affidavit
c) Defendant's Counter-Affidavit
d) Notice of Intent to Enter Divorce.
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Elizabeth J. Saylor, Esquire
3800 Niarket Street
Camp Hili, PA 17011
Date: r ~.
SUZANNE THOMAS IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 - 443
Defendant CIVIL TERM IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you
must file acounter-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 DIVVRCE CODE
1. The parties to this action separated on October 2, 1998 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 4 do not claim them before a divorce is
granted.
I verify that the statement 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. § 4904 relating to unsworn falsification to authorities.
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Susanne Tfiomas, Plaintiff
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SUZANNE THOMAS IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS N0. 2006 -443
Defendant CIVIL TERM IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE
DECREE UNDER § 3301 (c) AND § 3301(d) OF THE DIVORCE CODE
1. 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 f 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 statement 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. § 4904 relating to unsworn falsific tion to authorities.
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Date: ~ ~ ~ (, i . ~ . ; ---
::::.S~anne'T1iomas, Plaintiff
Date:
Charles Thomas, Defendant
SUZANNE THOMAS IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 -443
Defiendant CIVIL Ti ERM IN DIVORCE
COUNTER-AFFIDAVIT UNDER § 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 statement made in this counter-affidavit are true and
correct. I understand that false statement herein are made subject to the
penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities.
Date:
Charles Thomas, Defendant
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.
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
2006-443
,c ~~
Plaintiff
VERSUS
CHARLF~ THOMAS,
Defendant
NO.
DECREE IN
DIVORCE
AND NOW,
DECREED THAT
AND
SUZANNE THOMAS
CHARLES THOMAS
~.~~ IT IS ORDERED AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
PLAINTIFF,
DEFENDANT,
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;
Equitable Distribution pursuant to order of bifurcation dated April 25, 2006
BY THE COURT:
ATTEST: . ,P ~(,ysic J.
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ROTHONOTARY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff q f-
Vs File No. oLddlU -~`~
~n ~/~~~~ C INDIVORCE
tdL efen~dant
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff/ defendant in the above matter,
[select one by marking `5c" J
prior to the entry of a Final Decree in Divorce,
or _,/ after the entry of a Final Decree in Divorce dated ~ (yl f „z7~(,~„
hereby elects to resume the prior surname ofd A7 h~0 ~~~~~ and gives this
written notice avowing hi her tention pur; to the pr 'lions of 54 P.S. 704.
Date:
Signature
>gna of name being resumed
COMMONWE TH OF PE SYLVANIA )
COUNTY OF ~h bP ~ 1 .~
On the ~ day of ~i~-, 200, before mo, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he /she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
COMMONWEALTH OF PENNSYLVANIA / d~(
Notarial Seal ,
Linda M. 8eezub, Notary Public Notary Pu lic
Hampden Twp., Cumbenancs County
My Canmresion Expires Oct 2t, 2008
Member, Pennaylvanla Ae6oclatlon of Notedea
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LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Elizabeth J. Saylor, Esquire
PA Supreme Court ID: 200139
3800 Market Street
Camp Hill, PA 17011
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: Isaylor@pjrlaw.com
SUZANNE THOMAS,
Plaintiff
v.
CHARLES THOMAS,
Defendant
Attorneys for Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY,
PENNSYLVANIA
CIVIL ACTION -LAW
NO. 2006 - 443
CIVIL TERM IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
Plaintiff Suzanne (Thomas) Martin, by and through her counsel, moves the
court to appoint a master with respect to the following claims:
( )Divorce
(~ )Annulment
( )Alimony
( ) Alimony Pendente Lite
(X) Distribution of Property
( )Support
( )Counsel Fees
( )Costs and Expenses
and in support of the motion states:
(1 }Discovery is not complete as to the claims for which the appointment of
master is requested.
(2) The non-moving party has not appeared in the action personally.
(3) The statutory ground for divorce is that the marriage is irretrievably
broken.
(4) The action is contested with respect to the following claims:
Equitable Distribution
(5) The action does not involve complex issues of law or fact.
(6) The hearing is expected to take'/2 days.
(7) There is no additional information relevant to the motion.
Date: ~~ ~' / -a~
THE LAW OFFICE OF PETER J. RUSSO, P.C.
Peter J. Russ squire lj
Attorney I.D. o. 72897
John N. Papoutsis, Esquire
Attorney I.D. No. 70312
Scott A Stein, Esquire
Attorney I.D. No. 81738
36Elizabeth J. Saylor, Esquire
Attorney I.D. No. 20013
Attorneys for Plaintiff
3800 Market Street
Camp Hill, PA 17011
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
LAW OFFICES OF PETER J. RUSSO, P.C. Attorneys for Plaintiff
BY: Elizabeth J. Saylor, Esquire
PA Supreme Court ID: 200139
3800 Market Street
Camp Hill, PA 17011
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: fsaylor@pjrlaw.com
SUZANNE THOMAS, IN THE COURT OF COMMON PLEAS OF
Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS, NO. 2006 - NO. 2006 - 443
Defendant CIVIL TERM IN DIVORCE
CERTIFICATE OF SERVICE
1, Janet E. Bush, hereby certify that I am on this day serving a copy of the
Motion for Appointment of Master and Order Appointing Master upon the
person(s) and in the manner indicated below:
US Mail addressed as follows:
Charles Thomas
895 York Road
Dover, PA 17315
~~
J et E. Bush
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LAW OFFICES OF PETER J. RUSSO, P.C.
BY: Elizabeth J. Saylor, Esquire
PA Supreme Court ID: 200139
3800 Market Street
Camp Hill, PA 17011
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
Email: Isaylor@pjrlaw.com
Attorneys for Plaintiff
SUZANNE THOMAS, IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
:PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS, NO. 2006 - 443
Defendant CIVIL TERM IN DIVORCE
ORDER APPOINTING MASTER
AND NOW, QG~P~- /~C' , 2006, ~. ~ ~~~'er-.1~
Esquire, is appointed master with respect to the following claims:
MOVING PARTY
Name: Suzanne Thomas
Attorney: Elizabeth J. Saylor, Esquire
Attorney's Address: 3800 Market Street
Camp Hill, PA 17011
Attorney's Phone#: 717-591-1755
Attorney's Fax#: 717-591-1756
Attorney's Email: IsaylorCa~pjrlaw.com
Attorney's Phone: N/A
Attorney's Fax#: N/A
Attorney's Email: N/A
Party's Address and Phone# if
Not represented by Counsel:
895 York Road
Dover, PA 17315
(717) 932-8035
NON-MOVING PARTY
Name: Charles Thomas
Attorney: N/A
Attorney's Address: N/A
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LAW OFFICES OF PETER J. RUSSO, P.C.
ELIZABETH J. SAYLOR, ESQUIRE
PA Supreme Court ID: 200139
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SUZANNE THOMAS,
now, SUZANNE MARTIN
v.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION -LAW
CHARLES THOMAS
Defendant
NO. 2006 - 443
CIVIL TERM IN DIVORCE
PETITION FOR COURT APPROVAL TO WITHDRAW
AS COUNSEL FOR PLAINTIFF
AND NOW, comes the Law Offices of Peter J. Russo, PC, attorneys for the
Plaintiff, Suzanne Martin, and files this Petition for Court Approval to Withdraw, and in
support thereof, states the following:
1. Plaintiff, Suzanne Martin, is currently represented by The Law Offices of
Peter J. Russo, PC.
2. On or about January 24, 2006, Plaintiff filed a Complaint in Divorce that
was served on Defendant on February 8, 2006.
3. On or about March 13, 2006, Plaintiff by and through her counsel filed a
Petition to Bifurcate, which upon an Order to show cause issued by the Honorable Judge
M.L. Ebert, Jr and a Rule to Make Absolute filed by Plaintiff, was granted by the
Honorable Judge M.L. Ebert, Jr. by Order dated Apri125, 2006.
4. Plaintiff filed an Inventory on April 26, 2006.
5. On or about June 27, 2006 a Decree in Divorce was entered by the
Honorable Judge M.L. Ebert, Jr., with the Court maintaining jurisdiction over equitable
distribution pursuant to Order of Bifurcation dated Apri125, 2006.
6. Upon Plaintiff s petition, on October 16, 2006, the Honorable Judge Ebert
appointed E. Robert Elicker II, Esquire as master.
7. A master's hearing was scheduled for November 29, 2006 and was
thereafter postponed to a later date yet to be determined.
8. On or about March 5, 2007, Plaintiff informed her Counsel that she
wished to precede pro se.
9. Petitioner wishes to withdraw its representation of Plaintiff in the above
captioned matter. Petitioner has informed Plaintiff that she will petition the Court to
withdraw her appearance.
10. Under the Rules of Professional Responsibility Rule 1.16, Petitioner may
withdraw its appearance as counsel for Plaintiff but must get Court approval.
11. It is unknown whether Defendant is represented and Defendant is
currently incarcerated, thus Petitioner is unable to request concurrence for the relief
requested in this Petition.
12. Petitioner is of the belief and therefore avers that the withdrawal of her
representation in this matter will not delay the proceedings.
WHEREFORE, Elizabeth J. Saylor, Esquire respectfully requests this Honorable
Court to grant her Petition to Withdraw as Counsel for Plaintiff in the above matter.
Date: ~ j ~~
Respectfully submitted,
THE LAW OFFICES OF
Elizabeth J. S lor,~qu:
3800 Market reet
Camp Hill, PA 17011
(717) 591-1755
Attorney for the Plaintiff
TER J. RUSSO, P.C.
LAW OFFICES OF PETER J. RUSSO, P.C.
ELIZABETH J. SAYLOR, ESQUIRE
PA Supreme Court ID: 200139
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SUZANNE THOMAS, : IN THE COURT OF COMMON PLEAS OF
now, SUZANNE MARTIN :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 - 443
Defendant CIVIL TERM IN DIVORCE
VERIFICATION
I, Suzanne Martin, verify that the statements made in the Petition for Court
Approval to Withdraw as Counsel for Plaintiff 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.
Dated:
LAW OFFICES OF PETER J. RUSSO, P.C.
ELIZABETH J. SAYLOR, ESQUIRE
PA Supreme Court ID: 200139
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SUZANNE THOMAS, IN THE COURT OF COMMON PLEAS OF
now, SUZANNE MARTIN :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 - 443
Defendant CIVIL TERM IN DIVORCE
CERTIFICATE OF SERVICE
I hereby certify that I have on this day served a true and correct copy of the
Petition for Court Approval to Withdraw as Counsel for Plaintiff upon the following
persons, in the manner indicated:
FIRST CLASS MAIL
Suzanne Martin
217 S. 16th Street
Camp Hill, PA 17011
Plaintiff
Charles Thomas #GZ6476
SCI Camp Hill
Box 8837
Camp Hill, PA 17001
LAW OFFICE OF PETER J. RUSSO,._P.C.
BY:
iza~eth J.
SUZANNE THOMAS, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF :CUMBERLAND COUNTY, PENNSYLVANIA
V. NO. 06-0443 CIVIL
CHARLES THOMAS,
DEFENDANT :CIVIL ACTION -LAW
ORDER OF COURT
AND NOW, this 16th day of April, 2007, upon consideration of the Petition to
Withdraw as Counsel filed by the Petitioner, IT IS HEREBY ORDERED AND
DIRECTED that:
1. A Rule is issued upon the Plaintiff to show cause why the Petitioner should
not be granted permission to withdraw as counsel of record;
2. The Plaintiff will file an answer on or before May 7, 2007;
3. If no answer to the Rule to Show cause is filed by the required date, the relief
requested by Petitioner shall be granted upon the Court's receipt of a Motion requesting
Rule be made Absolute. If the Plaintiff files an answer to this Rule to Show Cause, and
the answer raises disputed issues of material fact, an evidentiary hearing will then be
scheduled. The Prothonotary is directed to forward said Answer to this Court.
By the Court,
M. L. Ebert, Jr., J.
Elizabeth J. Saylor, Esquire
Petitioner
Suzanne Thomas Martin
Plaintiff
Charles Thomas
Defendant
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LAW OFFICES OF PETER J. RUSSO, P.C.
ELIZABETH J. SAYLOR, ESQUIRE
PA Supreme Court ID: 200139
3800 Market Street
Camp Hill, PA 17011
(717) 591-1755
SUZANNE THOMAS,
now, SUZANNE MARTIN
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
CHARLES THOMAS
Defendant
CIVIL ACTION -LAW
NO. 2006 -443
CIVIL TERM IN DIVORCE
MOTION TO MAKE RULE ABSOLUTE
AND NOW, comes Elizabeth J. Saylor, Esquire, attorney for Plaintiff,
Suzanne Martin, and files this Motion to Make Rule Absolute, and in support
thereof, states as follows:
1. Petitioner-Attorney filed a Petition to Withdraw as Counsel on or
about April 10, 2007, requesting this Court to withdraw her appearance as
counsel for Plaintiff Suzanne Martin.
2. In a Rule to Show Case entered on April 16, 2007, the
Honorable Judge M.L. Ebert, Jr. g:•~+nted the Defendant and Plaintiff until May
7, 2007, to file a response to Petitioner-Attorney's Petition.
3. To date, neither Plaintiff nor Defendant have filed an Answer to
the undersigned counsel's petition.
4. Petitioner has not sought the consent of either the Plaintiff or
Defendant as this Motion has been made in accordance with the April 16,
2007, Order of Court.
WHEREFORE, Elizabeth J. Saylor, Esquire, attorney for Plaintiff
Suzanne Martin, respectfully requests this Honorable Court to grant her
Motion to Make Rule Absolute to allow her to withdraw as counsel of record
for Plaintiff in the above matter.
THE LAW OFFICES OF PETER J. RUSSO, P.C.
~~-~- 0~
Peter J.'Russo,~uire
Attorney I.D. No. 72897
John N. Papoutsis, Esquire
Attorney I.D. No. 70312
Scott A Stein, Esquire
Attorney I.D. No. 81738
~~ Elizabeth J. Saylor, Esquire
Attorney I . D. No. 20013
Attorneys for Plaintiff
3800 Market Street
Camp Hill, PA 17011
Telephone: (717) 591-1755
Facsimile: (717) 591-1756
CERTIFICATE OF SERVICE
I, Janet E. Bush, hereby certify that I am on this day serving a copy of the
Motion to Make Rule Absolute upon the person(s) and in the manner indicated
below:
US Mail addressed as follows:
Suzanne Martin
217 S. 16th Street
Camp Hill, PA 17011
Plaintiff
Charles Thomas #GZ6476
SCI Camp Hill
Box 8837
Camp Hill, PA 17001
Date: ~ ~ ~~
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SUZANNE THOMAS, IN THE COURT OF COMMON PLEAS OF
now, SUZANNE MARTIN :CUMBERLAND COUNTY, PENNSYLVANIA
v. :CIVIL ACTION -LAW
CHARLES THOMAS NO. 2006 -443
Defendant CIVIL TERM IN DIVORCE
IN RE: PETITION FOR COURT APPROVAL
TO WITHDRAW AS Cf)UNSEL FOR PLAINTIFF
ORDER OF COURT
o~
AND NOW, this ~3 day of ~_, 2007 upon consideration of the
Petitioner-Attorney's Motion to Make Rule Absolute, it is hereby ORDERED that
Petitioner, Elizabeth J. Saylor, Esquire is granted leave to withdraw as counsel for
Plaintiff Suzanne Martin.
BY THE COURT,
~w Offices of Peter J. Russo, P.C.
Elizabeth J. Saylor, Esquire
3800 Market Street
Camp Hill, PA 17011
Petitioner C
~zanne Martin ~
217 S. 16th Street
Camp Hill, PA 17011
Plaintiff
~iarles Thomas #GZ6476
SCI Camp Hill
Box 8837
Camp Hill, PA 17001
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