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HomeMy WebLinkAbout06-1124 ELIZABETH D. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. b G, . /I;L 'I Civil Term TIMOTHY E. THOMAS, Defendant : ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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 St. Carlisle, Pa. 17013 (717) 249-3166 , vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 0 G, f /1 '( Civil Term ELIZABETH D. THOMAS, Plaintiff TIMOTHY E. THOMAS, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Elizabeth D. Thomas, a competent adult individual, who has resided at 100 Reasner Lane, Newburg, Pa. 17240, since 2001. 2. Defendant is Timothy E. Thomas, a competent adult individual, who resides at Graterford Correctional Facility in Graterford, Pennsylvania, 19426. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on June 1,2001 in Franklin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant have no children together. 8. Plaintiff and Defendant are both citizens of the United States of America. 9. Neither Plaintiff or Defendant are a member of the Armed Forces of the United States of any of its allies. , 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce. 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. {l4904 relating to unsworn falsification to authorities. ~~I) \ hD~~:;) D. Thomas, Plaintiff Date:)\ :};>)\U~ ( , C' \---, ' (J Adams, Esquire I.D No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF Respectfully submitted, ( , ,\ f' . \ ^ ".' .... ~.-~ S>.'-' -;1 ~ 1'-, 1"-..- ~ '~<;j r-..." I':. " ..' ~) ko ,1' -.J "- 'U ~ (;' ... -c '"'" "'" [' " C -.\:l .-~ "" 0 - ^ V, C' ELIZABETH D. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 06 - 1124 Civil Term TIMOTHY E. THOMAS, Defendant : ACTION IN DIVORCE NOTICE TO RESUME PRIOR SURNAME. To the Prothonotary: Notice is hereby given that the Plaintiff in the above matter: _X_prior to the entry of a Final Decree in divorce. OR _ after the entry of a Final Decree in Divorce hereby elects to resume the prior surname of MUHS and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. s704. """'--~'" Date: ,,':) \ "I I C)'_p -",') .Muhs fName being resumed. COMMONWEALTH OF PENNSYLVANIA ) ):ss COUNTY OF CUMBERLAND ) On this, the -J day of (Y!arc h ,2006 before me, the undersigned officer, personally appeared ELIZABETH D. THOMAS/ELIZABETH D. MUHS personally known to me, (or satisfactorily proven) to be the persoIl~hose name is subscribed to the within instrument, and acknowledged that she executed the sarfie f~e purposes therein contained. IN WITNESS WHEREOF, I hereun~ S~y hand and~f!icial seal. . CLnUK {l" \2t llvn \.d'j Notary Public I I I My commission eJpires:feb q ,aOJ3 COMMONWE.~Ln1 OF PENNSYLVANIA I ~IOTAP'!"L0-E:'.l J PAMEU\ A~:N'hffl.": ,,:J~;'~, N,tJ1al'y Public Shlppen.IMg Twp., C "moo,I@J1a County My Commissioo Expires Feo. 9, 2008 -'-'--'-'--'-".'--'~"'~-'~--""---'-- , ~ ~ 1-' ~ IiJ <U ,~ '-'V --J '1 , w {'. '-oj '0 "Y ~ ""-. , " ~' ,~ C ,..1 ELIZABETH D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 1124 Civil Term TIMOTHY E. THOMAS, Defendant ACTION IN DIVORCE AFFIDA VlT OF SERVICE AND NOW, this March 14,2006, I, Jane Adams, Esquire, hereby certify that on or about March 6, 2006, a certified true copy of the NOTICE TO DEFEND AND COMPLAINT IN DNORCE were served, via certified mail, return receipt requested, addressed to: Timothy E. Thomas . Complete items 1, 2, and 3. Also complete SCI at Graterford item 4 if Reslricled Delivery is desired. . Print your name and address on the reverse P.O. Box 244 so that we can return the card to you. Graterford Pa 19426-024. · Attach this card to the back of the mailpiece, , . or on the front If space penn ItS. SENDER: COMPLETE THIS SECTION . . . . . A Signature Xl'., vr ....-.- tJ .- /'.':'---- B. Rece~ by (Printed Name) j~C:,._J 1'7/ L D. Is delivery add ifferent from item 1? 0 Yes If YES. enter delivery address below: ~o o Agent o Addressee C. Date of Delivery DEFENDANT 1. Article Addressed to: \, _II Xl:' ,"'"" "~\A,\ G .'l'b"",-",-"" .1lJ)j/' 5c.. ~ "'-*- c;...C\:.~ ~ S;:M" J. It' t:> ~o 1'- '2..l\l..\ Gra.-\er5;",d ~\"I4-~b'b~~ b 3. Service Type jB!. Certified Mail 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restricted Delivery? (Extra Fef3) 0 Ves 2. Article Number (Transfer from setVIce label) PS Form 3811, February 2004 7004 1350 0003 7288 4714 Domestic Return Receipt 102595-02-M-1540 '/ Jan Adams, Esquire 1. . No. 79465 (54 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTITF ~ '"1...\:'( r-nr.i "',;' '-,' .t:_ ,.1.. U,l:\ ::c' t~ z. 2. ,..~ "'" = 0" ::v:. .". ?O - U1 "'" ::It '-? c:> v:> o "" :(.:r.: me -on "":'.:JCJ I.::' ;.. ....>c.i ('j ~;'-.. -.,'''-,/ ",;:[1" ~ 5', ."'- ELIZABETH D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 1124 Civil Term TIMOTHY E. THOMAS, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 ( c) of the Divorce Code was filed on February 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the 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 also understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsification to authorities. Date: r /;/6 ~ ~ . Thomas, now known as . Muhs WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) AND ~3301(d) OF THE DIVORCE CODE I. I consent to 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. ~4904 relating to sworn falsification to authorities. Date q /'J. tf /0 Ie r--.) = C':) <;:;T" (/) c:ci f'.' m ~ ~ rn~ --0 f1'1 :~)C:' e.l' ~:! ~:r: ;;2=0 .' ( I om ~ :0 -< -0 ---:-;~ r:-Y (,.0 f",..) ,.,.. ELIZABETH D. THOMAS, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. No. 06 - 1124 Civil Term TIMOTHY E. THOMAS, Defendant ACTION IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301(c) of the Divorce Code was filed on February 27, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date ofthe 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 also understand at false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 elating to unsworn fal . lca on to authorities. ) Date: ? ~rJJj- &~ WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) AND &3301(d) OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. L 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! du not claim them before a divorce is granted. 3. I u~derstand that I will not be divorced until a divorce d~cree iSi;ntered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. Date: f - ~tf ~ 0'& I verify that the statements made in this affidavit are true and herein are made subject to the penalties of 18 Pa.C.S. ~4904 relating () r- 7 r-..> = = 0'"' (/) rn --0 f',' ill o -n .-1 ::C..,., 111- r- -om :nC' (3 ~~:; :u " (") ~:m ~ -< v :::--= ry (..1,) f'0 ELIZABETH D. THOMAS, , Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 06 - 1124 Civil Term TIMOTHY E. THOMAS, Defendant : ACTION IN DIVORCE 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: 1. Ground for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of the service of the Complaint: Via certified mail, restricted- delivery, return-receipt requested, on: d/ ~ 7/0cp 3. Date of execution Qfthe affidavit of consent required by 3301(c) of the Divorce Code: By Plaintiff: 9 !~ If / q, By Defendant: r I ~ 'I/O c, 4. R~lated claims pending: None. 5. Date Defendant's Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary~ 9 / d\ f{ / 0 f- . Date Plaintiffs Waiver of Notice in 93301(c) Divorce was filed with the Prothonotary: ? / ~[! /0 ~ . Respectfully Submitted: , J Adams, Esquire . . No. 79465 64 S. Pitt Street Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff Date: 16/3 !o (; ~ ~ o :3 \ vl -0 - ~ ~ *,e -o~ -:5'), O.C' -'-,~ -'f', '" C. -1'\ ?i!;~ --\ ~ N .' o o IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA. 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; Elizabeth D. Thomas, Plaintiff No. 06 - 1124 Civil Term No. VERSUS , Timothy E. Thomas, Defendant DECREE IN DIVORCE AND NOW, OL-t. 2,006 IT IS ORDERED AND , , II Elizabeth D. Thomas, now known as Elizabeth D. Muhs DECREED THAT , PLAI NTI FF, Timothy E. Thomas AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. None. ATT PROTHONOTARY J. .;:/lP ~ ~zm; ~ 1iJ. /JI . 0/ ~ ,~i'p"~ 4tkJ.r:J 117' 1f III . .