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Home My WebLink About06-2417 f . Brandi 1. Thomas, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mark Carothers, Defendant : NO. 06- ,d '1/ 7 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 ofthe 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, 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, 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 MAYBE 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, Pennsylvania 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. BRANDI I. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE : NO. 06- '<'117 CIVIL TERM MARK CAROTHERS, Defendant DIVORCE COMPLAINT The plaintiff, Brandi I. Thomas, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. !l!l330I(c) AND 3301(d) OF THE DIVORCE CODE I. Plaintiff is Brandi I. Thomas, who currently resides at 1361 Zimmerman Road Carlisle, Cumberland County, PA 17013, since 1995. 2. Defendant is Mark Carothers, whose current mailing address is 100 Meadowbrook Road Carlisle, Cumberland County, P A 17013. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on September 12,2003 in Carlisle, Cumberland County, Pennsylvania 17013. 5. Although the parties never lived together, Plaintiff considers October 1,2003 to be their date of separation. 6. Defendant served in the United States military, but has been discharged. 7. There have been no prior actions for divorce or for annulment between the parties. 8. The marriage is irretrievably broken. 9. 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. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. ~1r/Ctkt Lauren McHale Certified Legal Intern ')ttV4( aYAjl-7J~ Robert It. Rams 'j , Thomas M. Place Anne MacDonald-Fox Lucy Johnston-Walsh Supervising Attorney F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717)243-2968 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. 54904, relating to unsworn falsification to authorities. Dat~n / d;;;/JcJl)'" Plaint~~//~ Brandi I. Thomas Brandi 1. Thomas, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mark Carothers, Defendant : NO. 06-)-'117 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Brandi 1. Thomas, 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. Respectfully submitted, Date -<(! l~/O(P ~Oj}LCHck Lauren McHale Certified Legal Intern . ~ Lit ! /~ 'je. - ROBERT . RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH WILLIAM G. MARTIN Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Brandi 1. Thomas, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE Mark Carothers, Defendant : NO. 06- ) </17 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 330Hd) OF THE DIVORCE CODE I. The parties to this action separated on October I, 2003, and have continued to live separate and apart for a period of at least 2 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. !j4904, relating to unsworn falsification to authorities. Date7j,?h/~(.,)cgC, ~7/6~ Brandi 1. Thomas Plaintiff Brandi I. Thomas, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE Mark Carothers, Defendant NO. 06-2417 CIVIL TERM AFFIDAVIT OF SERVICE I, Lauren McHale, Certified Legal Intern, hereby certify that I personally served a copy of the Divorce Complaint and Plaintiff's Affidavit WIder g3301(d) of the Divorce Code, on Mark Carothers, at 45 North Pitt Street, Carlisle, PA 17013, at 9:45 a.m. on Wednesday, May 3,2006. I verify that the statements made in this Affidavit of Service are true and correct to the best of my persona! knowledge and belief. I WIderstand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~904, relating to WIsworn falsification to authorities. Date: ~ ~6fYC& Lauren McHale Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 a ~ ~ ~ t :;ll: ~~ gj ~ ....C , T:1g :.(-;;. ()"I t2.'C.' :::en ~ b:ll ZC' f5<;?-. :;;c - c: - "" ~ .' ~ rv - BRANDI I. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA v. MARK CAROTHERS, Defendant : CIVIL ACTION - LAW : DIVORCE : NO. 06 - 2417 CIVIL TERM NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: DEFENDANT You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after June 25, 2006, the other party can request the court to enter a fmal 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, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. BRANDI I. THOMAS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CNIL ACTION - LAW : IN DIVORCE MARK CAROTHERS, Defendant : NO. 06 - 2417 CIVIL TERM DEFENDANT'S 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 at 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 not 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 delay. ~ 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. ~904 relating to unsworn falsification to authorities. Date Mark Carothers Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not fIle this counter-affidavit. \ o C~~- r---;l ~~ ~ en \4"1 '-;:) .~,-, },"> ~- .... ~ ,-4 ::C..,., f\1 f""". -n r:!; -~? \<'T" --.:!,~); <-'.'.~~ (~:A ~:~ ?l ~~ ..."-.... r:--? 0.:l v') ... .' Brandi I. Thomas, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 06 - 2417 CIVIL TERM Mark Carothers, Defendant : CIVIL ACTION - LA W : 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 and separation for two years under ~ 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: personal service on Defendant at 45 North Pitt Street, Carlisle, PA 17013, at 9:45 a.m. on Wednesday, May 3, 2006. 3. (i) Date of execution of the affidavit required by ~ 3301 (d) of the Divorce Code: April 28. 2006. (ii) Date of filing and service of the plaintiff's affidavit upon the respondent: filed on April 28. 2006 and served May 3. 2006. 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: Service by first class mail. postage prepaid. on June 5. 2006. ... Jtt ' Date~ , StoPe- Certified Legal Intern RO~~ Lucy Johnston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire Megan Riesmeyer, Esquire Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 Fax: (717) 243-3639 (") c; ?"' r-~ = (;:C.? (:.:J"'\ (/) r-r) -(J - .... ~ o -n ~-n n1p :_B~J ~)IC) .~-:-: -'fl _11_ -","'1 ;: ~~ ~\ ):>: ~ -"!J -:-. r:--: ,..,:J (..,.) Brandi Thomas, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE Mark Carothers, Defendant NO. 06 - 2417 CIVIL TERM CERTIFICATE OF SERVICE I, Stephanie Botabara, Certified Legal Intern, Family Law Clinic, hereby certify that I served true and correct copies of the Praecipe to Transmit the Record and the Divorce Information Sheet on Mark Carothers, by depositing a copy of the same in first-class United States mail, postage prepaid, to 100 Meadowbrook Rd., Carlisle, PA 17013. Service was complete upon mailing on the 14th day of September, 2006. '~ ~anie Botabara Certified Legal Intern /!:.;t:;:,eY~ Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 t-:> = = c;r. (/) fTI -..; ..- - o -n ~-n rllp l-n o h '.-Tl -~,:} C"j in ~ :r:': t:': 0) (.:.) ,.;'" iii iii iii iii IIiIli iii iii iii iii iii iii IIiIli iii IIiIliIli iii IIiIli iii iii IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF Brandi I. Thomas Plaintiff VERSUS Mark Carothers Defendant AND NOW, PENNA. No. 06 - 2417 DECREE IN DIVORCE ~;)() ,J()()~, IT IS ORDERED AND DECREED THAT Brandi I. Thomas , PLAINTIFF, AND Mark Carothers , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRI MONY. 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; ~ ol1E PROTHONOTARY iIi iIi iliiliiliiliiliiliiliili iliiliiliili iliiliili iIiili iliiliiliiliiliiliiliiliiliiliiliiliiliiliiliiliililliiliiliili iliiliili iliiliiliiliililliili iliiliiliiliiliiliiliiliiliili iIi iIi iIi iIi iIi J. _*g ~ ~ '.V.)e-{I 77 ~ ~ 4il'f"fJ 1(/,It'.{; .