Loading...
HomeMy WebLinkAbout02-4953LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ROBERT W. KEINTZ, DONNA M. KEINTZ, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- 'qqE3 CIVIL TERM : : CIVIL ACTION - LAW : 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. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 SNELBAKER, BRENNEMAN & SPARE, P.C. Attorneys for Plaintiff SPARE ROBERT W. KEINTZ, V. DONNA M. KEINTZ, Plaintiff Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- ,q~',~ CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT PlaintiffRobert W. Keintz by his attorneys, Snelbaker, Brenneman & Spare, P. C., submits this Complaint in Divorce and in support thereof states the following: 1. Plaintiff Robert W. Keintz is an adult individual residing at 2136 State Route 44, Allenwood, Union County, Pennsylvania 17810. 2. Defendant Donna M. Keintz is an adult individual residing at 46 Ridgeway Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on June 30, 1994 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There is presently no action for divorce or annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage LAW OFFICES SNELBAKER, & SPARE between the parties hereto is irretrievably broken. 8. The Plaintiffhas 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. 9. The Plaintiff requests this Court to enter a Decree of Divorce pursuant to Section 3301(c) or Section 3301(d) of the Divorce Code. WHEREFORE, PlaintiffRobert W. Keintz, requests this Court to enter a Decree of Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. Date: October 9, 2002 SNELBAKER, BRENNEMAN & SPARE, P.C. Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Robert W. Keintz -2- VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4909 relating to unswom falsification to authorities. Date: October 9, 2002 Robert W. Keint~ LAW OFFICES SNELBAKEr. BRENNEMAN & SPARE & SPARE ROBERT W. KEINTZ, DONNA M. KEINTZ, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- : CIVIL ACTION - LAW : 1N DIVORCE CIVIL TERM AFFIDAVIT ROBERT W. KEINTZ. being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4004 relating to unsworn falsification to authorities. Date: October 9, 2002 Robert W. Keintz (Plaintiff) LAW OFFICES SNELBAKER, BRENNEMAN & SPARE ROBERT W. KEINTZ, V. DONNA M. KEINTZ, Plaintiff Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COLrNTY, PENNSYLVANIA : : NO. 2002-4953 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ) : SS. COUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that he is a principal in the law firm of Snelbaker, Brenneman & Spare, P. C., being the attorneys for Robert W. Keintz, Plaintiff in the above captioned action in divorce; that on October 11, 2002, he did send to Defendant Donna M. Keintz by certified mail, return receipt requested, restricted delivery, a duly certified copy of the Complaint in Divorce which was filed in the above captioned action as evidenced by the attached cover letter of the same date and Receipt for Certified Mail No. 7000 1670 0008 5047 1738; that both the Complaint and cover letter were duly received by Donna M. Keintz, the Defendant herein, as evidenced by the return receipt card for said certified mail dated October 17, 2002; that a copy of the aforementioned cover letter dated October 11, 2002 is attached hereto and incorporated by reference herein as "Exhibit A" and that the original Receipt for Certified Mail and the Domestic Return Receipt are attached hereto and incorporated by reference herein as "Exhibit B"; and that the foregoing facts are true LAW OFFICES SNELBAKER, BRENNEMAN & SPARE and correct to the best of his knowledge, information and belief. Keith O. Brenneman Sworn to and subscribed before me this 22na day of October, 2002 Notary Public Notarial Seal Susan L. Zych, Nota~j Public ~icsb~g Bom, Oum~edand Co~*/ ~ ~ ~. 24, ~ -2- RICM~.I~) C. SNELBAIC~P,. I(~TH O. PHILIP H. Donna M. Keintz 46 Ridgeway Drive Mechanicsburg, PA 17050 Re: Keintz v. Keintz SNELBAKER., Bi~.ENI~EMAN {B SPAI~E ATTO~INEY$ AT LAW MECHANICSBUiKG, PENNSYLVANIA 17055 Octoberll,2002 No. 2002-4953 Civil Term, Cumberland County (Divorce) Dear Ms. Keintz: I am enclosing a certified copy of a Divorce Complaint, the original of which was filed on October 11, 2002. Yours tmly, P. O. BOX 318 FACSIMILE {71;~) 697-76B1 KOB/sz Enclosure CC: Robert W. Keintz (w/enclosure) Keith O. Brenneman By certified mail, restricted delivery, return receipt requested, Parcel No. 7000 1670 0008 5047 1738 EXHIBIT A LAW OFFICES SNELBAKER. BRENNEMAN & SPARE · Cemptete items 1, 2, and 3. Also complete I~m 4 if Restricted Delivery is desired. · I~lnt your name and address on the reverse so that we can return the card to you. ' · Altach this card to the back of the mailpiece, o~ on the f~ont if space permits. 1. ~icle A~mesed to: Donna M. Keintz 46 Ridgeway Drive Mechanicsburg PA 2. Article Number (Copy from service label) 7000 ].670 '0008 5047 1738 [] Express Mail [] Return Receipt for Merchan~es '- [] Insured Malt [] C.O.D. 4. Restricted Delivery? (Extra Fee) ]~i~Yes PS Form 3811, July 1999 Domestic Return Receipt 102595-e0-M-0962 EXHIBIT B W. KE1NTZ, Vo DONNA M. KEINTZ, Plaintiff : : : NO. 2002-4953 : Defendant : CIVIL ACTION - LAW : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM NOTIQE, IF YOU WISH TO DENY ANY STATEMENTS SET FORTH IN THE ATTACHED tIDAVIT, YOU MUST FILE A COUNTER-AFFIDAVIT WITHIN TWENTY (20) DAYS THE ATTACHED AFFIDAVIT HAS BEEN SERVED UPON YOU OR THE STATEMENTS WILL BE ADMITTED. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on October 30, 1999 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 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. § 4904 relating to unsworn falsification to authorities. LAW OFFICES SNELBAKER, BRENNEMAN ~ SPARE -" Robert W. Keintz,rplaintiff CERTIFICATE OF SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Notice and Affidavit to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS' Donna M. Keintz 46 Ridgeway Drive Mechanicsburg, PA 17050 April 16, 2003 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Plaintiff Robert W. Keintz 1AW OFFICES SnElbaKEr. BrEnNEMaN & SPARE 1AW OFFICES SNELBAkER, BReNNeMAN & SPARE ROBERT W. KEINTZ, DONNA M. KEINTZ, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Code. 2. Date and manner of service of Complaint: by certified mail, return receipt requested, restricted delivery. See Affidavit of Service filed October 23, 2002. 3. (b)(1) Date of execmion of the affidavit required by § 3301(d) of the Divorce Code: April 12, 2003. Date of filing and service of Plaintiff's affidavit upon respondent: Service: April 16, 2003; Filing: April 17, 2003. 4. Related claims pending: None. 5. (a) Date and manner of service of the notice of intention to file praecipe, a copy of which is attached: May 13, 2003, by first class mail, postage prepaid. Date: June 11, 2003 Keith O. Brenneman, Esquire Attorney for Plaintiff : NO. 2002- 4953 CIVIL TERM : Defendant : CIVIL ACTION - LAW : 1N DIVORCE PRAECIPE TO TRANSM[T RECORD TO: Prothonotary of Cumberland County: 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 Section 3301(d)(1) of the Divorce & SPARE ROBERT W. KE1NTZ, DONNA M. KEINTZ, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- 4953 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENT[ON TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: Donna M. Keintz, 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 3,?_00~ the other party can request the court to enter a final decree in divorce. If you do not file ~vith 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 10se 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 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 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 & SPAR~ ROBERT W. KEINTZ, V. DONNA M. KEINTZ, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 20,32- 4953 CIVIL TERM : : CIVIL ACTION - LAW : 1N DIVORCE COUNTER-AFFIDAVIT UNDER § 330 l(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 ora 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 ali of my economic claims with the prothonotary in writing and serve them on the other party. IfI 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 statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of l 8 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date: Donna M. Keintz 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. CERTIFICATE OF :SERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a true and correct copy of the foregoing Notice of Intention to Request Entry of § 3301(d) Divorce Decree and Counter-Affidavit Under § 3301(d) of the Divorce Code to be served upon the person and in the manner indicated below: FIRST CLASS MAIL. POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Donna M. Keintz 46 Ridgeway Drive Mechanicsburg. PA 17050 Date: May 13. 2003 Keith O. Brenneman. Esquire SNELBAKER, BRENNEMAN & SPARE. P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Robert W. Keintz LAW OFFICES SNELBAKER~ BRENNEMAN & Spare ROBERT W. KEINTZ, DONNA M. KEINTZ, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- 4953 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: Donna M. Keintz, 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 3, 2003 the other party can request the court to enter a final 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 YOU]>, 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 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER BRENNEMAN SPARe ROBERT W. KE1NTZ, V. DONNA M. KEINTZ, Plaintiff Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- 4953 CIVIL TERM : : CIVIL ACTION - LAW : 1N DIVORCE COUNTER-AFFIDAVIT UNDER § 3301 (d) OF THE DIVORCE CODE 1. Check either (a) or (b): __ (a) I do not oppose the entry ora 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 ifI 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 notice to me, and I shall be unable thereafter to file any economic claims. 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. § 4904 relating to tmsworn falsification to authorities. Date: Donna M. Keintz 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. LAW OFFICES SNELBAKER, BRENNEMAN & SPAre CERTIFICATE OF oERVICE I, KEITH O. BRENNEMAN, ESQUIRE, hereby certify that I have on the below date, caused a tree and correct copy of the foregoing Notice of Intention to Request Entry of § 3301(d) Divorce Decree and Counter-Affidavit Under § 3301(d) of the Divorce Code to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID. ADDRESSED AS FOLLOWS: Donna M. Keintz 46 Ridgeway Drive Mechanicsburg, PA 17050 Date: May 13, 2003 Keith O. Brenneman, Esquire SNELBAKER, BRENNEMAN & SPARE, P. C. 44 W. Main Street P. O. Box 318 Mechanicsburg, PA 17055 (717) 697-8528 Attorneys for Robert W. Keintz ROBERT W. KEINTZt Plaintiff iN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE Of PENNA. VERSUS DONNA M. KEINTZ, Defendant NO. 2002-4953 CIVIL DECREE IN DIVORCE ORDERED AND DECREED THat ANd ROBERT W. KEINTZ DONNA M. KEINTZ 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; None. / ' ' / PRtDTHONOTARY