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Home My WebLink About06-6418LINDA D. TERRY, IN THE COURT OF COMMON PLEAS, Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. aG - `?? ??w! I THOMAS E. TERRY, SR., CIVIL ACTION - LAW IN DIVORCE 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 any children. When the ground for 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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, PA 17103 Telephone: 1-800-990-9108 717-249-3166 Date: BY: Kelli . Br ewell, Esquire Attorney I. . # 90597 Cordier & Brownewell, Law Offices 319 South Front Street Harrisburg, PA 17104 Telephone: 717-433-2860 Email: kbrownewell@comcast.net (Attorney for Plaintiff) LINDA D. TERRY, V. Plaintiff THOMAS E. TERRY, SR., Defendant IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COUNT I COMPLAINT UNDER SECTION 3301 (c) and 3301(d) OF THE PA DIVORCE CODE AND NOW, comes the Plaintiff, LINDA TERRY, by and through her attorney, Kelli J. Brownewell, Esquire, who files this Complaint in Divorce, alleging the following: 1. Plaintiff is LINDA TERRY, who currently resides at 621 Grandview Avenue, Camp Hill, Cumberland County, PA 17011. She has resided at this address for at least two years. 2. Defendant is THOMAS E. TERRY, SR., whose last known residence was 621 Grandview Avenue, Camp Hill, Pennsylvania, 17011. It is unknown to Plaintiff where Defendant currently resides, however Defendant's mailing address is P.O. Box 413, Camp Hill, Pennsylvania 17011. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 25, 1998 in Steelton, PA. 5. There have been no prior actions of divorce or for annulment instituted by either of the parties in this or any other jurisdiction. 6. The marriage between Plaintiff and Defendant is irretrievably broken and they have been separated since October 5, 2006. 7. Plaintiff further avers that Defendant is not in the Military Service or in any branch of the Armed Forces of the United States or its Allies or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its Amendments. 8. The Plaintiff is aware of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests this Court to enter a Decree of Divorce. Respectfully submitted, KELLI J. BROWNEWELL, ESQ. 1 ` Date: ( 45By: Kelli . Bro well, Esquire I.D. #90597 Cordier & Brownewell, Law Offices 319 South Front Street Harrisburg, PA 17104 Telephone: (717) 433-2860 (Attorney for Plaintiff) VERIFICATION I verify that the statements in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4094 relating to unsworn falsification to authorities. l DATE C LA TIFF n N T7 mil - n i f? 1v 9"il ?? {! cn In 7 LINDA TERRY, Plaintiff/Petitioner V. THOMAS E. TERRY, SR., Defendant/Respondent IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA NO. 044 CIVIL ACTION -LAW DIVORCE PETITION FOR EMERGENCY SPECIAL RELIEF - EXCLUSIVE POSSESSION AND NOW, comes the Petitioner, Linda Terry, by and through her counsel, Kelli J. Brownewell, Esquire and files this Petition for Emergency Special Relief - Exclusive Possession of the marital residence. 1. Petitioner is Linda Terry, who currently resides at 621 Grandview Ave., Camp Hill, Pennsylvania, 17011. 2. Respondent is Thomas E. Terry, Sr., whose last known residence was 621 Grandview Ave., Camp Hill, Pennsylvania 17011. It is unknown to Petitioner where Respondent currently resides. Respondent's mailing address is P.O. Box 413, Camp Hill, Pennsylvania 17011. 3. Petitioner retained counsel on October 27, 2006 and filed a Complaint in Divorce on November 3, 2006. 4. The Petitioner and Respondent do not currently reside at the same residence. 5. The Respondent has caused havoc in the household by repeatedly provoking the Petitioner into altercations. 6. The Respondent has established a pattern of leaving and returning to the marital home after staying for days and sometimes a week at a girlfriend's house. 7. It is Petitioner's belief that when Respondent leaves the home he stays with a girlfriend. 8. Respondent voluntarily left the home on October 5, 2006 and informed Petitioner he would not be returning home. 1 9. Respondent returned to the home on October 6, 2006 to retrieve some belongings and an argument ensued between Respondent and Petitioner. 10. Respondent filed for a Protection of Abuse against Petitioner on October 17, 2006 due to the argument and subsequent actions that took place on October 6, 2006. 11. A Protection from Abuse Order was granted for Respondent and against Petitioner on October 27, 2006 by Judge Guido of Cumberland County. 12. Possession of the marital home was, however, denied to Respondent and granted to Petitioner, as it was Judge Guido's belief that Respondent and Petitioner's altercations were a result of Respondent's pattern of leaving the home and returning days later. 13. Petitioner and Respondent own a business together, however only Respondent has access to the business bank account. 14. Petitioner filed for spousal support on October 27, 2006. 15. There are no minor children. 16. Petitioner filed for divorce on November 2, 2006. 17. Upon information and belief that Respondent voluntarily left the home and is involved with another woman, with whom it is alleged he stays with when he leaves the home, Petitioner requests the exclusive right to reside in the marital residence. WHEREFORE, the Petitioner, Linda Terry. respectfully requests that the court allow her, the Petitioner, exclusive possession of the marital home to the exclusion of the Respondent. I verify that the statements made in this petition are true and correct. I understand that false statements herein are made sub' ct to the penalties of 18 Pa.C.S. 4904, relating to unsworn falsific 'onto authoritie l .S nda Twy, Petitioner Date Respectfully submitted by: Akelli#yVi-owne22411, Es 're I.D. 90597 319 South Front Street Harrisburg, PA 17104-1621 (717) 433-2860 10 LINDA TERRY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. THOMAS E. TERRY, SR. NO. 2006 - 6418 CIVIL TERM ORDER OF COURT AND NOW, this 16TH day of NOVEMBER, 2006, a hearing on the Petition for Special Relief is scheduled for WEDNESDAY, DECEMBER 6, 2006, at 3:30 p.m. in Courtroom # 3. Edward E. Guido, J. Kelli J. Brownewell, Esquire For the Plaintiff Thomas Terry, Sr. P.O. Box 413 Camp Hill, Pa. 17011 :sld ?, C :6 L`e'a L 1 A0 990Z ZHi K) r V& Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Attorney for Defendant Harrisburg, PA 17108-0946 (717) 236-03141 FAX (717) 236-0791 Email: I.:uthei-m.i.ls13aw(a)rnblawfirm.com LINDA TERRY. IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. THOMAS E. TERRY, : Docket No. 2006 - 6418 Civil Term Defendant ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for Defendant, THOMAS E. TERRY, in the above-captioned matter. 147rfTER EJ MWSPA?, Jr. Attorney ID No. 19226, 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Attorney for Defendant Dated: November 22, 2006 I --W LINDA TERRY, IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 2006 - 6418 Civil Term THOMAS E. TERRY, Defendant CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Entry of Appearance upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 22nd day of November 2006, addressed as follows: Kelli J. Brownewell, Esquire Cordier & Brownewell 319 South Front Street Harrisburg, PA 17104-1621 Respectfully submitted, C LA-a-1 TARA BRIGHT, Paralegal aw Office of Luther E. Milspaw, Jr. 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 co LINDA TERRY, Plaintiff/Petitioner V. THOMAS E. TERRY, SR., Defendant/Respondent IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2006-6418 CIVIL TERM TO THE HONORABLE JUDGE EDWARD GUIDO: MOTION FOR A CONTINUANCE AND NOW, this 4th day of December. 2006, comes Linda D. Terry, Plaintiff/Petitioner, by and through her attorney, Kelli J. Brownewell, Esq., and files this Motion for a Continuance and in support thereof, the following is averred: 1. A hearing for Special Relief - Exclusive Possession has been scheduled by the Honorable Judge Edward Guido for Wednesday December 6, 2006 at 3:30 p.m. in Courtroom #3. 2. The parties had a meeting on Friday December 1, 2006, at which time a marital separation agreement, including possession and ownership of the marital home, was proposed and is presently being negotiated. 3. Therefore, Plaintiff/Petitioner requests a continuance so that the parties can continue to resolve this matter outside of court and without a hearing. WHEREFORE, Linda D. Terry, Plaintiff/Petitioner, respectfully requests this Honorable Court to grant this Motion for Continuance so that the parties may attempt to resolve this matter without a hearing. Respectfully submitted by: r/ L)zr- Kelli rownewell, Esquire' I.D. #90597 319 South Front Street Harrisburg, PA 17104-1621 (717) 433-2860 . y ^'-t r e _ --? .: c- DEC 0 g Zoos Y' LINDA TERRY, : IN THE COURT OF COMMON PLEAS, Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2006-6418 CIVIL TERM THOMAS E. TERRY, SR., Defendant/Respondent ORDER AND NOW, this ??day of December 2006, it is HEREBY ORDERED and DECREED that the above-captioned ?matter for Sp-e?ciDal, Relief is hereby continued ?t" .?I;A BY THE COURT: ?elli J. Brownewell, Esquire 319 South Front Street Harrisburg, PA 17104 (717) 433-2860 For the Plaintiff 1.4ther E. Milspaw, Jr. J 130 State Street P.O. Box 946 Harrisburg, PA 17108 (717) 236-3141 For the Defendant 0 0 Edward E. Guido, J. ?Mi?51 t•,,.r 6 Z .0 W 11 310 9002 EM ?O Curtis R. Long Prothonotary office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor b - (o ql CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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 One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573