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Home My WebLink About94-01957 ~ 6 ,0 <!; I/) t ~ J J (' ~ . ~ ~ ~ ~ ... !~ ,', ~ ~ ~ ~ w ... ~ ~~ ~ , .. . .~'~'~'~'~'~~,.~~~-'~~*~~~~~~.~~~~~:~~~~.~~~ $ -- l~ ,. ~ ~ IN THE COURT OF COMMON PLEAS ~ . ~ $ OF CUMBERLAND COUNTY ~ ~ ~ ~ ~~ g ~ STATE OF ~ PENNA. I ~ $ 8 I'~ .', .~ (' !~ I",. I, i: , .~ -, - ~ , .. - -,~ -,-~,- -~ - , - -, .......,~------~ ....-,-. - .... '......-. .........-..-, _. ~..,. -, ..... , , . ,~ .'~~~~*~-*--*****~***~' ~ 8 SUSAN A. TOMSA 11 N (I. 9.~..,:::..,~..9.,~:? ~,t~g... 19 ~ i ~ .... ,l'~aint:gL...... " " ~ $ w '.' Vel'sus ..,-l.AM.ES, W" .,!,OI'lSA, Defendant ~ <;, ." ,', ~ " ... DECREE IN DIVORCE ,:, ~ $ ~ ~ ~ ~ ~ a ,,~ s ~ ,~ ~ AN 0 NOW, .. .. .. .. P ~6~.. . I?:.. .. .. I 9 ~~.. ... it is ordered and decreed that........... .~\!lil~J\ .Jl,.. T,QlUsa......,........,....,. plaintiff, and. .. .. .. .. .. .. .. .. .. .~':'!lI~,~.I:I!. .'I:(;lJ!I~?, , .. . . .. , , .. . .. .. .. ... defendant. are divorced from the bonds of matrimony. 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; ~ ,.' $ s ~ ,,' ,. rOt ro' ~ <;. .. ...................... ............ .....0.....0... ... .....0..0... ..0... ", The attached Property Settlement Agreement is incorporated but not mer to the Decree in Divorce. Dy Th court1~ ---; ,;11 r> . '7, ..,.. .. Attest: 'U'~1l <(.... C. lv~. 1f'~..,y.4ej, k J. , ,L~I..A-Q ~. Prothonotary . ~ ,'~ ~ ~.' ,';' ~ ~ ~.if ~ '.' ~ ~ ~ ',' ~ ~ . r. . '"\ ~ ,u...r lo-,p'~t Afp, SUSAN A. TOMSA, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . No. 94 - 1957 civil Term . . . JAMES W. TOMSA, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . PRABCIPB TO TRANSMIT RBCORD 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 Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: By Certified Mail, Return Receipt Requested to Defendant, James W. Tomsa on April 28, 1994, as evidenced by the attached Acceptance of Service which is being filed with the Court contemporaneously herewith. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Susan A. Tomsa, Plaintiff, on September 19, 1994; by James W. Tomsa, Defendant, on September 19, 1994. 4. Related claims pending: The attached Property Settlement Agreement 1s incorporated but not merged to the Decree in Divorce. Dated: September 22, 1994 J Paul He1vy, E Killian & Gepha 218 Pine Stree P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Attorney ID #53148 Attorneys for Plaintiff ;"Q" ,~,;~,J~1~[~}.~D!;J!~f ._~ _:1'"{t;;:''' .~.lt.iI'(:7' \\,r ,', ~ I' :', 0.~~~';~ -,"t\~'./"... ;,-,e. :' f_,..'.1r-\.I,,;.. :~.,.;::'::" .r~t.:. .-- - ~J,r'l' ,,,,,n, I.t$.~,'" . . .. ~ ..~:-" I'-P~' ".' ..... r~~:).~'tt~':;"'J ~ '. ' ",..:;,.~;,"h~":; . -=- ...... - - .e~ .... -: ~ '" <\I' S:! " ',"\' :~;~}.:.~' .: '. Lr') ,.-,: .... u' <:::> I '. ~ _' l.'. )e',-, :'::E"',': - - .,' ;;:,:;~:~:);'..~:" .-......;.:. -''-,;:;':< .i" " . ,.,.. .."......~.. ~. . SUSAN A. TOMSA, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . . . No. 94 1957 civil Term . v. . CIVIL ACTION - LAW . JAMES W. TOMSA, IN DIVORCE Defendant ORDER OF COURT AND NOW, this 3 ~0- day of G c.. ,?~ 1994, the economic claims raised in the proceedings having been resolved in accordance with a property settlement agreement dated August 9, 1994, the appointment of the Master is vacated, and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. BY THE COURT, cc: J. Paul He1vy Attorney for Plaintiff Elizabeth S. Beckley Attorney for Defendant , :>1 OCl 3 \ II'J PH '9~ ,i ~ H;E .~' ~ . .' :i ') ,_ '.:" ,i;" t,UMj:-' t :.h~i cC'J~1T" i'.' hi.,,:' it f.~ 't'l. " '~ , :0( I; It :~" .... .. . PROPERTY SETTLEMENT AGREEMENT 'l'BIS AGREEMENT made this 9'1/ day of 4,;},,, sf, 1994, by and between James W. Tomsa of 1922 Dartmouth Street, Camp Hill, CUmberland County, Pennsylvania, (hereinafter referred to as "Husband") and Susan A. Tomsa of 2400 Jericho Drive, Harrisburg, Dauphin County, Fennsy~vania'J (hereinafter referred to as "Wife"y' J d.,) &:JtAfSf1'" P, ;-"S'B~ a/~~ iff,l'@& ;J;II~/" A-o,jl~ I/IN/Sia:J) tJ~1h'>l CCIAMI;) 1e.~01 7Iv(=:~ss~ ~ WHEREAS, Husband and Wife were lawfully married on May 4, 1991, and; WHEREAS, no children have been conceived of this marriage; and WHEREAS, differences have arisen between Husband and Wife in consequence of which they have been separate and apart from each other; and WHEREAS, Husband and Wife desire to settle and determine their rights, and obligations; and NOW 'l'BEREFORE, the parties intending to be legally bound hereby do covenant and agree: 1. SEPARATION I It shall be lawful for each party at all times hereafter to live separate and apart from the other party at such place as he or she may from time to time choose or deem fit. The foregoing provisions shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart, 2. INTERFERENCE I Each party shall be free from interference, authority, and contact by the other, as fully as if he or she were single and unmarried except as may be necessary to '!'" I, "" '- . carry out the provisions of this Agreement. Neither party shall molest the other or attempt to endeavor to molest the other, nor compel the other to cohabit with the other, or in any way harass or malign the other, nor in any way interfere with the peaceful existence, separate and apart from the other. 3. WIPE' S DEBTS: Wife represents and warrants to Husband that since the separation she has not and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands incurred by her, 4. HUSBAND' S DBBTS I Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5, OUTSTANDING JOINT DEBTS I Wife agrees to pay and to assume all responsibility for and to indemnify Husband and hold him harmless from all of the following debts: (a) the debt owed to Sears in the amount of approximately $2,152. (b) the debt owed to the Corestates Bank with a principal amount of approximately $11,723. (c) the $4,800 lien on the 1990 Chevy Corsica which is currently held in Husband's name alone. 2 , . 6. MUTUAL RELEASE I Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, which either of the parties ever had or now has against the other, except any or all causes of action for termination of the marriage by divorce or annulment and except for all causes of action for breach of any provisions of this Agreement, Husband and Wife specifically release and waive any and all rights he or she might have to raise claims under the Divorce Code of 1980 and the 1988 Amendments thereto including, but not limited to claims for equitable distribution of marital property, support, alimony, alimony pendente lite, counsel fees or expenses, Should a divorce action be commenced by either of the parties, the moving party shall request the Court to incorporate, but not merge, this Agreement into any divorce decree. If this Agreement is incorporatec into a divorce decree, the parties shall have the right to enforce this Agreement under the Divorce Code of 1980 and the 1988 Amendments thereto in addition to any remedies in law or equity and these enforcement rights are not waived or released by any of the provisions of this Agreement. The fact that a party brings an action to enforce the property agreement as incorporated in the divorce decree, under the Divorce Code of 1980 and the 1988 Amendments thereto, does not give either party the right to raise 3 ! " . other claims under the Divorce Code, specifically waived and released by this paragraph and all rights and obligations of the parties arising out of the marriage shall be determined by this Agreement, 7. DIVISION OF PERSONAL PROPERTY, With the exception of those items listed in Exhibit "A," the parties have divided between them, to their mutual satisfaction, the personal effects, household furniture and furnishings, and all other articles of personal property which have theretofore been used by them in common, and neither party will make any claim to any such items which are now in the possession or under the control of the other. Husband acknowledges that the items listed in Exhibit "A" are Wife's property, Those items listed in Exhibit "A" shall remain in the marital residence until the termination of the Lease between Husband, Wife and Watson D. Fisher, at which time Wife shall have the right to remove said items as she sees fit, Should it become necessary, the parties each necessary to give effect to agree to sign any titles or documents ~ this paragraph upon request. ,wi ~~ Husband a or about 4, 1994, 8. DIVISION OF REAL ESTATE: On September 17, 1992, Husband, Wife and Watson D. Fisher acquired the 1922 Dartmouth Street, Camp Hill, Pennsylvania property as tenants in common. Husband agrees 4 " . to transfer all right, title and interest in and to said real estate to Wife and Watson D, Fisher and agrees to execute now or in the future any and all deeds, documents or papers necessary to effectuate such transfer of title upon request, Husband further acknowledges that, with the exception of those rights which he will acquire through a lease agreement with Wife and Watson D, Fisher entered into contemporaneously herewith, he has no claim, right, interest or title whatsoever in said property and further agrees never to assert any claim to said property in the future, Wife and Watson D, Fisher agree to that upon termination of the lease agreement with Husband they will place the house on the market with a reputable real estate agent at a price recommended by said agent. Wife and Watson D, Fisher will, upon termination of the lease, provide Husband with proof that they have placed the house on the market with a reputable real estate agent at a price recommended by said agent upon request, Wife and Watson D. Fisher further agree to be solely responsible for said mortgage and to indemnify and hold Husband harmless from any and all responsibility for said mortgage. The parties acknowledge that it is their intent to allow Husband to remain in the marital residence pursuant to a lease agreement between Husband as the Lessee and Wife and Watson D. Fisher as Lessors until July 31, 1997. Husband agrees to comply with all of the terms and conditions of the lease agreement which is being executed concurrently with the execution of this Property Settlement Agreement, 5 - /' " , < , 9 . WAIVERS OP CLAIMS AGAINST ESTATBS I Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge, and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interests, rights and claims, This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary in any Will or other document, whether written in past or in the future, This paragraph shall not affect either party's right or power to expressly include the other party as beneficiary of any insurance policies whether effective in the past or in the future. 10, SUBSBOUBNT DIVORCB: Both parties agree to execute Affidavits of Consent to Divorce pursuant to Section 3301(c) of the Divorce Code contemporaneous with the signing of this Agreement and shall provide said Affidavits of Consent to J, Paul Helvy, Attorney for Wife, The parties agree that their divorce will not become 6 .' .- f - ,,,;~".1 1 , " '. effective until January 1995, Both parties agree to execute any and all documents necessary to finalize their divorce at that time. 11, INSURANCE COVBRAGEz Wife agrees to continue to maintain health care coverage on Husband which currently exists through her employer until December 31, 1994. 12, LUMP SUM PAYMBNTz Wife agrees to pay Husband, within ten (10) days of the execution of this Agreement, Three Thousand ($3,000,00) Dollars. The check will be made payable to "Beckley & Madden as attorneys for James W. Tomsa," 13. BRBACBz If either party breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for damages for such breach or seek such other remedies or relief as may be available to him or her, and the party breaching this contract shall be responsible for payment of legal fees and costs incurred by the other in enforcing their rights under this Agreement. 14. ADDITIONAL INSTRUMENTS: Each of the parties shall from time to time, at the request of the other, execute, acknowledge, and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. 15. ENTIRE AGREBMBNTz This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants, or undertakings other than those expressly set forth herein. 7 . , ", , 16. MODIPICATION AND WAIVER I A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement, The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 17 . DESCRIPTIVE HEADINGS I The descriptive headings used herein are for convenience only, They shall have no effect whatsoever in determining the rights or obligations of the parties. 18. AUTOMOBILES I Wife agrees to transfer all her right, title and interest whatever it may be to a 1990 Chevy Corsica currently titled in Husband's name alone to Husband, 19. ACCEPTANCE BY HUSBANDI Husband accepts the provisions of this Agreement in lieu of and in full and final settlement and satisfaction of all claims and demands that he may now or hereafter have against Wife for his support and maintenance of himself, for alimony, alimony pendente lite, counsel fees or for any other provisions for his support and maintenance, and any other charge of any nature whatsoever pertaining to any divorce proceeding which have been or may be instituted by the Husband in any court in the Commonwealth of Pennsylvania or any other jurisdiction and/or any divorce proceeding which may be instituted by Husband in any Court in the Commonwealth of Pennsylvania or any other jurisdiction. 20. DESIRE OP THE PARTIESI It is the desire of the parties, after long and careful consideration, to amicably adjust, compromise and settle all property rights and all rights in, to, or 8 t:--"~..:",~-::~:.}i~'::;'~ . , ". ( against each other's property or estate, including property heretofore or subsequently acquired by either party, and to settle all disputes existing between them, including any and all claims for Wife's and/or Husband's maintenance and/or for support, alimony, counsel fees arid costs, It is specifically 21. INDEPENDBNT SEPARATB COVENANTS I understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement, 22. APPLICABLB LAWI This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. 23, PRIOR AGRBBMBNTSI It is understood and agreed that any and all property settlement agreements which mayor have been executed prior to the date and time of this Agreement are null and void and of no effect, 24 . VOID CLAUSBS: If any term, condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement and in all other respects this Agreement shall be valid and continue in full force, effect and operation, 25. DISCLOSURBI The respective parties do hereby warrant, represent, and declare and do acknowledge and agree that each is and has been fully and completely informed of and is familiar with and cognizant of the wealth, real and/or personal property, estate and assets, earnings and income of the other and that each has made 9 "r~,'~~'""i.:f:T~,-m ....--- . '>'c!<H .' . , a full and complete disclosure to the other of his or her entire assets and liabilities and any further enumeration or statement thereof in this Agreement is hereby specifically waived, and the parties do not wish to make or append hereto any further enumeration or statement. Each of the parties hereto further covenants and agrees for himself or herself and his or her heirs, executors, administrators and assigns, that he or she will never, at any time hereafter, sue the other party or his or her heirs, executors, administrators or assigns, in any action or contention, direct or indirect, that there was any absence or lack of full disclosure, fraud, duress or undue influence. IN WITNESS WHEREOF, the parties have hereunto set their hands and seals the day and year first above-written. JiiJ~ s ~ ., / sl1~f~ J), 17's!~/ :JJ.. ~ 10 - ; ~'f . . .'. ,... , Su.an A. TOIIIIIa It~ to be Left in Rou.e at 1922 Dartmouth Street Upon Vacancy 1, CUrtains in Living Room 2. Washer and Dryer 3, Stove 4. Microwave Oven 5. Dishwasher 6. All Pool Equipment and Supplies 7. Smoke Alarms 8. Fixtures in the house as of July 1994 9, Garden Hoses 10. Bathroom Set - Shower CUrtain, Rugs, etc, Exhibit "A" ":r" en - :r.= ~-.: o .... >-,... ,t;._ :~ :~-I t...J'I.-':c ~:.;t.,.t "- ... . '.,1 . - ..... .{'\ .. c::> (0'" .... ,u V'l ".1 " , ..... --. ,. HAJORI..URa. SUSAN A. TOMSA, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. No. qLj - /15'7 C,' '(,' I To (IY) JAMES W. TOMSA, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DEPEND AND CLAIM RIGHTS You have been sued in Cour~. 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 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, 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. Court Administrator Cumberland County Courthouse - Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 Telephone (717) 240-6200 SUSAN A. TOMSA, . IN THE COURT OF COMMON PLEAS OF . Plaintiff : CU.IBERLAND COUNTY, PENNSYLVANIA . . qL/- /95 -; C,'v,/ Te r /n v. . No. . . . JAMES W. TOMSA, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCB AND NOW comes Plaintiff, by and through her counsel, Killian & Gephart, who represents as follows: 1. Plaintiff, Susan A. Tomsa, is an adult individual who currently resides at 2400 Jericho Drive, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, James W. Tomsa, is an adult individual who currently resides at 1922 Dartmouth Street, Camp Hill, cumberland County, Pennsylvania. 3. Plaintiff avers that she has been a bonafide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on May 4, 1991 in Camp Hill, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the ". ...-, , ~ provisions of the Soldiers' and Sailors' civil Relief Act of the congress of 1940 and its amendments. 6. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that plaintiff has the right to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff prays this Honorable Court to enter a Decree in Divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between Plaintiff and Defendant. Respectfully submitted, KILLIAN , GEPHART Dated: t(/JSI'I'( /j~/t y/" BY~ ~~ f4. PAUL BEL'lY, ESQ. 218 pine Street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Attorney I.D. #53148 Attorneys for plaintiff 2 -, '. VBRII'ICATIOH I hereby verify that the statements of fact made in the foregoing complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S. !i4904, relating to unsworn falsification to authorities. , , ~ t ')~J' ..:.;,.... ~~~sq~~ Dated: A-pfd I~, I'ICJL/ ~ - ~ - ~ CQ ~ ~ ~ ~ -+ ~ cU 0:::.... <;j ~ ;J; - t. ~~ 10 I.J) ~ c.. - ~ . , ~,. <l'(t- ...._.1':. -t":'='''' ~...~v;''': .....r>(~..; b..;J:(".)"';' (-:tl>-~-' 1~' .4,;;~ Q 0 I.r) c 'v) 'r-- \r) :lC 0- ~ N co ,:-tl~~~i~ - .:~ ~~..~~ ~ ...::i C;,;tt,) ... 8 ~ ., .' "re. Court Administrator CUmberland county Courthouse - Fourth Floor 1 Courthouse Square Carlisle, Pennsylvania 17013-3387 Telephone (717) 240-6200 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94 - 1957 Civil Term ,-,\l::':f{~1f' '..:;: ;;:fc,~\~1i~~~!;~~lj~%~;R~r ~ ~r' , ; KILLI' " "'GEPHART) ~c>, , .,',.'i~.l. ::;&~~kt~~.tJ:g HMRlliBU~;;;j:~tr.. ~~ll~&i~~~I> Ot. .. .,," ./~ "~~!-'~~i..;.;..\!th~".1..,.,.~;:,..;~,~,,,,..: SUSAN A. TOMSA, plaintiff v. JAMES W. TOMSA, Defendant CIVIL ACTION - LAW IN DIVORCE NOTICE TO DBPEND 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 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, 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. SUSAN A. TOMSA, plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94 - 1957 civil Term CIVIL ACTION - LAW IN DIVORCE v. JAMES W. TOHSA, Defendant AMENDBD COMPLAINT IN DIVORCB AND NOW comes Plaintiff, by and through her counsel, xi11ian & Gephart, who represents as follows: 1. plaintiff, Susan A. Tomsa, is an adult individual who currently resides at 2400 Jericho Drive, Harrisburg, Dauphin County, Pennsylvania. 2. Defendant, James W. Tomsa, is an adult individual who currently resides at 1922 Dartmouth street, camp Hill, CUmberland county, Pennsylvania. 3. plaintiff avers that she has been a bonafide resident in the Commonwealth of Pennsylvania for a period of at least six (6) months previous to the filing of this complaint. 4. The plaintiff and Defendant were married on May 4, 1991 in Camp Hill, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United states or its allies within the provisions of the Soldiers' and sailors' civil Relief Act of the congress of 1940 and its amendments. 6. There have been no other prior actions of divorce or annulment filed by either of the parties hereto. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised of the availability of counseling and that Plaintiff has the right to request that the Court require the parties to participate in counseling. INDrONrTrES 9. The averments of Paragraphs 1 through 8 are hereby incorporated by reference thereto. 10. The Plaintiff avers as grounds for this action in the alternative that the Defendant has offered such indignities to the person of Susan A. Tomsa, your Petitioner, the injured and innocent spouse, as to render her condition intolerable and life burdensome. CLArM FOR EOUITABLB DrSTRIBUTrON OF MARrTAL PROPERTY UNDER SBCTrON 401 OP THE DrVORCE CODB 11. The averments of Paragraphs 1 through 10 are hereby incorporated by reference thereto. 2 12. During the course of the marriage the Plaintiff and Defendant have acquired marital property which is subject to equitable distribution by this Court. WBBRB~ORB, the plaintiff requests the Court enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant under section 3301(C) or 3301(a) (6) of the Divorce Coder b. Equitably distributing all marital property owned by the parties heretor c. Such further relief as the Court may determine equitable and just. Respectfully submitted, KILLIAN , GBPHART (/vbfl / PAUL BBLVY BOQ. 2 8 pine street P.O. Box 886 Harrisburg, PA 17108-0886 (717) 232-1851 Attorney I.D. #53148 Attorneys for Plaintiff Dated: June 27, 1994 . VBRII'ICATIOH I hereby verify that the statements of fact made in the foregoing Amended Complaint in Divorce are true and correct to the best of my knowledge, information and belief. I understand that any false statements therein are subject to the penalties contained in 18 Pa.C.S. 14904, relating to unsworn falsification to authorities. 1.;..): Dated: tR/Z-7/qL-{ ~ J. ci . \ . ~ c:r- "J '0 ~ K\ . a; 'r.. "- 'l') ("1;; - ':?):-. t"'- - = .:,: ';.J. t ~ l"() ~ ~ c_ ,- N ,,' ,.0" " d. 0 .- .~. 0' M 4. ~ . ',<, .' ~ ~~ <.:r-' ',"":0 00 ',"'-1 '" :::> -.., / . .- /t~,~_;~;:t;~r}~~,~r;t~'cf- ,_ '''',;~ ...,'_..W,~"'" ,,)<~ -'-,..,-!~~~~'-"--"_..."";;~ ,<.-'''' ,< 'c. ......"~~,T;' -'-".~_. .-~ '.- iJIf.:.-- J('ILLI'Aia''!'.G " I~;''i _ ;; ".e.,,'~-'JI~._";:II~'i,<\"~'~t" ~ v}~~+,J{?'_i ,'_:,:(?t:i'>'....:..".mf'~{{~?f:1P ; .t.\_.rj.\~1~MM~;v1:t:f\.L'i.L' J '_ ..., ,/::,-!i~~;.'!"J\j-",~..~".~-fii: ' . '; _.J,-"fX)t;~,i'-"".:.,.:,it,.!'1'oif.(NiA\:1 HARRISBUl'lo.j';!'EtI,!:\!f.f..,; "''''J:;< 11:''''; "_"",,,'.,:,,:,.~...,~,,:,...t..'C'i" ,'- -~_.".. "~._"i:.__.,_, 1> ." SUSAN A. TOMSA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94 - 1957 Civil Term CIVIL ACTION - LAW IN DIVORCE v. JAMES W. TOMSA, Defendant APPYDAVYT OP ACCEPTANCE OP SBRVYCB I, James W. Tomsa, do hereby swear and affirm that I accepted service of a true "h -z./JL/ I r f and correct copy of the Complaint in Divorce on , 1994. '/ I} . ~7'/7 ,7 /.. ' /7/,,(1 Jt';"/,, Jam~--W. Tomsa //-1 / ~<",?'j /. , J&'" /&., _ _' i P 21l7L.~Sfu 356 ~ Receipt for Certified Mail '. No Insu,anco CavetaQo Providod ~ Do not uso 101 Inlernational Moil .."......-. ISeo RO\lr.rsel ~" ,.. Ii' James ~,I". , ,,' ,I N., 1922 Dartmouth 1',,\1"-1" $ .52 1.00 (,'.t,',,'11,! ~ . .'>1"-', ." [~ ,"'. ,.-, l!r~!l..' 10',1 'lo"""-,, '.... g; """h'" ....,...p' :,',,,....., I en !,1 ......h.'" I'lo [l.,',- !I",,~,'''.,l /,00 t IV "",,,,,. /l,'n'",' ~''','''''-'I t.' ........',,, C tl~!.. _1",1 ,'J,l',""-'" " f.,j,~"." ~ -, $ Q. S:i tnT"ll'.'''.q'' d /1,1....' o ClO .., E <; u. <Il Q. Pu'>1fl'.I'~ u' i).I"~ ~ IJ. ,}t;i -..-- .-. " '-,." 7() A',f If rr .. - ..':'.:'_:_7:~;::C:.}":_:;_:,,::_:.~~,:,:;~::_.~",,~~::'~;'~~i I. .lio~,~')o':r~,I~';~:!J~,\'i :~F~i:i.n?~~f~1r,i{~~li1 co~~u~ R:::~~r~:;li:tqf:t;\ 4.. A I. Number. .' .,.1:1 ;J. 9 'P/~$ J r.-6.'I:: 4b. S.rvlce T~M: o !l.gl.t.rad ~ In.urad ., '.': .2r C.rtlfled 0 coo .' . ~ DEll. M.II 0 R. rn R.celpt lor " .: 7. 0 I O.II..J! ; g. .>; 8. Add....... d.... (Onlv II r.qu..tad.l . .nd I.. I. . dl '.: \ . . " . j i . " ~ ~ . .: --t.- < -~~',,",,""'~' i~~~}?i.:/.~-~:i< 1;]~;'Jc-E..~..... 1 ondIOI Z '.r ~~~~"'/..i :\t~Ilif-;,~ ;~lf~Z:";;~~":': ';;,tho........, .~.I.nn oou.t w. con I, . .,'.... ihI,'onn.o.ho I......ltho moll"'CO, 01 on tho bock"._ I ; dOl. .... ponnlt, . . . I'! ',!W!ho ~~A_ AocoIp. A.....nod'. on thomallploco bolow tho _........., ;. _ " ,....:1he Anum Receipt wIIlhow to whom thl ardde w.. deIv.red tnd thl dlt. I gidollvond. . \l~r~~cl' Add.....d to: '. :' ~'. VI9/11'1!&' IV, I f ~,.. $)-+4' H'I .,r" . C "",M'? /1/"'; /;4) ~ , . f'~ !t ..".a.OPO:1_7t4 DOMESTIC RETURN RECEIPT' '-- F>- D"';;: ',' " , ) ," " .' t4'0 <> .' I j .... ~ (, " .",.. 0)0 ;..,.. - ,~. ::<: -' ...,'::: C" In ~, '-.' , N <::> ., - J l.n - . ... = L - - . ' . . --' SUSAN A. TOMSA, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . No. 94 - 1957 Civil Term . . . JAMES W. TOMSA, . CIVIL ACTION - LAW . Defendant . IN DIVORCE . ~FFIDAVIT OF ACCBPTANCe OF SBRVICe I, Elizabeth Beckley, do hereby swear and affirm that I accepted service of a true and correct copy of the Amended Complaint in Divorce on -:TUlIP ,::}- r ' 1994. '> -' ~ ~; ~ ~.:;: ", ~"'.J :"-l r-- -. = ~-. ,,~~ ~f-f".,,,,,.~ . - (- t~ THE COURT OF COMMON' PLEAS OF CL~ERLAND COL'Nn, PEIDlSYLV.ulU SUSAN A.. TOMSA. l'lainciff vs. JAMES W. TOMSA, lIO. 1957 Civil Term 19 94 MOTION :OR A1'1'O I~'rnDlT OF MASTER (Plainciff) i)[Wf~), following claims: moves che court co appoinc Susan A. Tomsa a mascer wich respecc co che (X) Divorce ( ) Annulment ( ) .\limony ( ) Alimony Pendente ~i::e (X) ( ) ( ) ( ) Distribucion of Proper~1 Support Counsel Fees Costs and Expenses and in support of che motion states: (1) Discovery is complete as co che claims(s) for which che appoincnent of a =ascer is requested, (2) The defendant ~~ (has noc) appeared in (by his attorney, * (3) The staturory ground(s) ror divorce ~) and/or 3301(a)(6) (4) Delete che inapplicable paragraph(s): (a) 'DfI>>XXOO)ClOXXiCKlOlOXXORCCC)(~ (b) .lIOXXP'MlCllll(1lC>tlQX~X~lt~XX~X~~HKX che accion (?ersonally) . Esquire) , (are) 33011..,1 l~~~ (c) !he action is concesced with respecc co che following claims: equitable distribution and divorce (5) The action ~lI(~) (does not involve) complex issues of law or facc. (6) The hearing is e."Cpeccea co cake one 0lll6l4~ (day!lO. (i) Addicional information, if any. relevant co the mocion: Date: l" ('), Y r'1 ~ Nt1CC;:;:-1:aintiff) J. Paul Helvy ~~ AND NOW~ ~, O~~f.L~ZI~{;~G A~~(.,-1- (~Ct CL2r ____ is appointed =aster with respect co che following claims: Esquire, * However, Plaintiff's attorney has been contacted by Elizabeth Beckley who has informed him that she will be representing the Defendant. 3y lhe Court: /Jz:C'l. ,,,,/f=- J~(,-- j JUN 30 3 3:1 rM '9~ , i;:~ e! >W' "kY G",'; c-: '.: ~r:,.,',;\ry .... .' ' . ,Ii i;U,~.:;',~-,".,~ ;. ~ en - ~ to> o (Y) :7>- "" ~' ,. ". , ~.- -0 - ,- ...' ". c::> ""'~ "" ::> --, ,. ....)... SUSAN A. TOMSA, : IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . CIVIL ACTION - LAW . . . 1957 VS. NO. CIVIL 19 94 JAMES W. TOMSA, . . Defendant IN DIVORCE STATUS SHEET DATE: 7/5/94 <:::::' - A_ A.. \ C~ . ~ . \ ~\~~ ,121"00 ~ t:t2. \C'_nc ~ ' ~Ri~ ~'1111() ~ . \. ~rn~1\' SUSAN A. TOMSA, Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 1957 CIVIL 1994 JAMES W. TOMSA, Defendant IN DIVORCE ORDER AND NOTICE SETTING HEARING To: Susan A. Tomsa J. Paul He1vy James W. Tomsa Elizabeth Beckley , Plaintiff , Counsel for Plaintiff , Defendant , Counsel for Defendant You are directed to appear for a hearing to take testimony on the grounds for divorce of indignities to the person at the Office of the Divorce Master, 55 West Church Avenue, Carlisle, Pennsylvania, on the 25th day of July , 19~, at 9:00 a.m, at which place and time you will be given the opportunity to present witnesses and exhibits in support of your case. By the Court, ~~ \::: Harold E. Sheely, .Judge Date of Order and Notice: 7/5/94 By: Divorce Master IF YOU no 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. Court Administrator Fourth Floor, East Wing Cumberland County Courthouse Carlisle, PA 17013 Telephone (717) 240-6200 , , TH& LAW FIRM OF KILLIAN & GEPHART JOHN D. KILUAN ....ITH e. OEf'HART THO........ W. aeOTT .JOSE"H A. LAYMAN. .JR. ...ANE PENNV MALArDT" TERRENCE oJ. "'cOOW'AH RONDA K. KISCR PAULA ,J. McDERMOTT 5HAUN E. O'TOOLE. J. PAUL HELVV .,. PINE aTRECT P.O.ItC>>C.__ HARRISBURG, PENNIlYLVANIA 1710..-0...." TELEPHONE 1.,17' .3...8.1 TELECOPIER t7171 .3a-o... MARGARET N. aMY ICllItECTOft, OCWI:ftHNENT AIr,..,. July 21, 1994 E. Robert EliCker, Divorce Master 55 West Church Avenue Carlisle, PA 17013 Rei To... v. To... Ho. 1957 civil 199. Dear Mr. Elicker: This is to confirm my telephone conversation with your office today wherein I advised you that, at the request of both parties in the above-referenced matter, the hearinq presently scheduled for 9:00 a.m. on July 25, 1994 is continued pendinq final resolution of this case. Thank you for your assistance in this matter. ve~,\tru~~y y?rs, -'-- fltl ..t\~ /....ltwy-.t~' Mindy S.~ ronstein, Secretary to J. Paul He1vy JPH/msb cc: Ms. Susan A. Tomsa Elizabeth Beckley, Esquire ~- .... . . . SUSAN A. TOMSA, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 94 - 1957 civil Term CIVIL ACTION - LAW IN DIVORCE JAMES W. TOMSA, Defendant UPIDAVI'l' OP COIfSDI'1' 1. A Complaint in Divorce under Sections 3301 (c) and 3301 (d) of the Divorce Code was filed on April 18, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, attorney's fees or expenses if I do not claim them before a divorce i. 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. Section 4904 relating to unsworn falsification to authorities. N,,1rrt4OL Dated: September 19, 1994 .",. en - ::c: """ lI'l N == L/"'l - <-> <::l >-,.. ...r ~.~ " hi:" ~ :.c ~.~ 14- (~ .~ ~ , . ~,~ ~;:~~ ;,. =- ,_ ;1 o~ \ I I I , I - ,:?"r'~"""":"'''::'' '..'~'"'~'~!P'- .'r. , . '0. ... . U #. SUSAN A. TOMSA, . IN THE COURT OF COMMON PLEAS OF . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . No. 94 - 1957 civil Term . . . JAMES W. TOMSA, . CIVIL ACTION - LAW . Defendant IN DIVORCE UPIDAVIT OP CONSBNT 1. A Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code was filed on April 18, 1994. 2. The marriage of Plaintiff and Defendant is irretrievably broken, and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final Decree of Divorce. 4. I understand that I may lose rights concerning alimony, division of property, attorney'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. Section 4904 relating to unsworn falsification to authorities. ,4uAtwttI~tc Susan A. Tomsa Dated:- , September 19, 1994 ~ .. ....... ~ :-;:.. ..,..- lU':~ '~., ('-~~. ~ 4:o~';"~ ~~ :r: ~~l .: . -' . .;'" tf, :z: -Z lI> N == Ln " . '{:. ~<:: ..... ld-:- <.:g'~' ci(.'l - ~ '-:: " , - ~~'_.' SUSAN A. TOMSA, IN THE COURT OF COMMON PLEAS plaintiff . CUMBERLAND PENNSYLVANIA . v. : NO. 94 - 1957 Civil JAMES W. TOMSA, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR NAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN Susan A. Tomsa , being duly sworn according to law, deposes and says that she is the P1aintiff/m.Z.~ in the above suit in which a final decree from the bonds of Matrimony was -,- entered on October 13. 1994 , and she elects to resume , ~-'l her 'prior name of Susan A. Fisher and, :".} therefore, gives this written notice avowing said intention, in ,~\ accordance with the provisions of 54 Pa.C.S.A. Section 704. ~ c.. ... ~. .," A~A If ~~ . to be Itnown as ~d~ .- Sworn to and sUbscr~ed before~~this ~, day of LX.'ti-~ , 1994. ~ YflAA'U &rnfll,r; t Notary Public ~ My Commission Expires: N.:iIN'aJSeaI AM MOM 1l'""'~VI'%. NoIary NlIc H.",o<,(uJ lJ,,'~iin9c\Jnly MyC',omnission Expres Doc. 9, 1995 ...., .... "'... ~% t- _.'" W,,~;::,i" ~~u':"' ~-:::O~, n-..::p ....Ir'.} +: , ._1 ~ , :: ~;;.o: .., :..'";~ .-:; "'0 o i K ~ ~ - iE lD rot (\') is = ~~ ~ '-' ~ ~ <J I.-.:> ~...... ()- A --\ ~ "'" (~ - ~ .'. ~~~