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HomeMy WebLinkAbout00-03359 ,u,- 00 ,~, , KENNETH L. BROOKER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW MARGARET C. BROOKER, Defendant NO. 2000- dJS'? CIVIL TERM 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 ,foregoing pages, you must take prompt action. You are warned that if you fail to do so, the I case may proceed without you and a decree in divorce or annulment may be entered against 'Iyou by the court. A judgment may also be entered against you for any other claim or relief I 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 of the marriage, you may request marriage counseling. 'A list of marriage counselors is available in the Office I of the Prothonotary at: I Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, Pennsylvania 17013 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone: (717) 249-3166 1 ^~c,,,^ -,~ , --" ",,'-.->,~- " KENNETH L. BROOKER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000- 33S9 CIVIL TERM MARGARET C. BROOKER, Defendant IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. 2 il ," KENNETH L. BROOKER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW NO. 2000- 3359 TERM CIVIL MARGARET C. BROOKER, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KENNETH L. BROOKER, JR., by his attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is KENNETH L. BROOKER, JR., an adult individual who currently resides at 100 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania. 2. The Defendant is MARGARET C. BROOKER, an adult individual who currently resides at 100 North 2nd Street, Wormleysburg, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 25 August 1984 in Linglestown, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. This marriage is irretrievably broken. 3 '"-'."~ -'( 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 8. The Plaintiff requests this Court to enter a Decree of Divorce. WHEREFORE, Plaintiff requests this Court to enter a decree in divorce pursuant to the , Divorce Code of Pennsylvania. I verify that the statements made in this Complaint are true and correct. I understand Ithat any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). DATE:.JJLlL1 :!f) f !J..CXX:J .r~~ ~H L. BROOKER, JR. s~ Attorney for Plaintiff Supreme Court ID 17225 525 North 12th Street Lemoyne, PA 17043 4 II ~~ '<'" SHERIFF'S RETURN - REGULAR CASE NO: 2000-03359 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BROOKER KENNETH L JR VS BROOKER MARGARET C DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County, Pensyl vania , who being duly sworn according to law, says, the within COMPLAINT - DIVORCE was served upon BROOKER MARGARET C the DEFENDANT , at 0012:21 HOURS, on the 19th day of June , 2000 at 100 NORTH 2ND STREET WORMLEYSBURG, PA 17043 by handing to MARGARET C. BROOKER a true and attested copy of COMPLAINT - DIVORCE together with NOTICE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 9.92 .00 10.00 .00 37.92 sO;:~~~~~t R. Thomas Kline 06/21/2000 SAMUEL L. ANDES Sworn and Subscribed to before By: \JQWT) -g IhL Deputy Sheriff h. i u.., me t 1.8 .... ~ 0~ ~ AD ''I: (2. Ihdt, :A ~ P othonotary day of , , , ~,...'~"'-'" ,"-1 ,< KENNETH L. BROOKER, JR., Plaintiff * IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA * * vs. * NO. 2000.3359 * MARGARET C. BROOKER, Defendant * CIVIL ACTION. LAW * IN DIVORCE RULE AND NOW, this ..:31 n-t day of ~ f"/O-::G , 2000, upon presentation and consideration of the within Petition, it is hereby ORDERED AND DECREED that a Rule be issued upon the Plaintiff/Respondent, Kenneth L. Brooker, Jr., to show cause why he should not be excluded from the domicile at 100 North Second Street, Wormleysburg, Pennsylvania 17043, al'll!l iRtsrim {mil"ISh, liillli~~~;nn ",^,,,rrl,,rl .~ 9"",r~"dCllll/"'t::ddUIIt;1 ru~~y B,uukl;;i'o A ~ ;zb~fl) hearing shall be held in this matter on the /;;1f-{ day of ,2000, atQ:07f,f;M. in Court Room No. '1 of the Cumberland County Courthouse. BY THE COURT: J. ~ & '1'I-D ~ , OF ::!Lt::\;-. "Tl-- 00 t1UG::; "" Gi:FT:;E J',,-,'''''iT!'P'f , ,'_' r~.\ II: rHI rl il",;--,;'-"'I-':'-' :~!' (",j"-)'\ \,\\1'" ......v i:I__/~ ll_.- '< '..-.... -' . I PENI\lSYLVr\[\IA . lXf,~"".._,__ J fI!I'l~~""II"I'I' ~~ _I; "~l!'l~f'._l_,,,,,~~ 'I ,,<~,~. ;- ,''', '",' ,.~~~W!lli'~_ '''lIll -~."~ ~~ ~""" "" ~",,' [-' 1.; KENNETH L. BROOKER, JR., * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENNSYLVANIA * vs. * NO. 2000-3359 * MARGARET C. BROOKER, * CIVIL ACTION - LAW Defendant * IN DIVORCE ORDER AND NOW, this day of , 2000, after hearing on the Petition For Exclusive Possession of Marital Residence in the above-referenced matter, it is hereby ORDERED AND DECREED that the Defendant/Respondent, Kenneth L. Brooker, Jr., is hereby excluded from the premises of 100 North Second Street, Wormleysburg, Pennsylvania 17043, pending a further Order in this matter, without prejudice to the rights of either party to equitable distribution in their pending divorce action. . BY THE COURT: J. -'"""""""'-- .. ~-" > . KENNETH L. BROOKER. JR., * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENNSYlVANIA * V$. * NO. 2000-3359 * MARGARET C. BROOKER, * CIVIL ACTION -LAW Defendant * IN DIVORCE PETITION FOR EXCLUSIVE POSSESSION OF MARITAL RESIDENCE AND NOW, this day of 2000, Defendant/Petitioner, Margaret C. Brooker, by and through her attorney, Edward J. Weintraub, Esquire, files the within Petition for Interim Exclusive Possession of Marital Residence, and in support thereof, avers as follows: 1. Petitioner is Margaret C. Brooker, Defendant in the above-captioned divorce action (hereinafter "Wife"). Wife resides at 1 00 North Second Street, Wormleysburg, Pennsylvania, the "marital home". 2. Respondent is Kenneth L. Brooker,Jr., Plaintiff in the above-captioned divorce action (hereinafter "Husband"). Husband currently resides at, 562 Hollywood Drive, Middletown, Pennsylvania. 3. The parties hereto were married on August 25, 1984, in Linglestown, Pennsylvania. 4. On May 21,2000 the parties finally separated, when Husband moved from 100 North Second Street, Wormlesyburg, Pennsylvania to his residence where he continues to reside. 5. The parties have no children of this marriage. 6. On June 12, 2000, Husband filed a Complaint In Divorce in Cumberland County, Pennsylvania. 7. The marital home is owned by Husband and Wife as tenants by the entireties. ,~~~,~ .' , '-. -- '"'~~ '~-iii:~ 8. Since their final separation on May 21, 2000, Husband, persists in returning to the marital residence whenever he chooses, contrary to Wife's wishes and needs. 9. Section 3502(c) of the Divorce code states that n[tlhat Court may award during the pendency of the action or otherwise to one or both of the parties the right to reside in the marital residence. n 10. Section 3502(f) of the Divorce Code states that n[i]n all matrimonial causes, the Court shall have full equity power and jurisdiction and may issue injunctions or other orders which are necessary to protect the interests of the parties or to effectuate the purposes of this part, and may grant such other relief or remedy as equity and justice require against either party or against any third person over whom the Court has jurisdiction and who is involved in or connected with the disposition of the cause. n 11. Unless Wife is permitted interim exclusive possession of the marital home, her mental and emotional health and welfare will be compromised. 12. Husband has engaged in a course of wrongful conduct which resulted in making the conditions under which Wife is living both intolerable and unconscionable. Illustrations of such conduct are as follows: A. Frequently while intoxicated, Husband has pushed, grabbed, shoved, verbally abused and sexually assaulted Wife. B. Since their separation, Husband twice returned to the house and entered Wife's bedroom in the middle of the night, for no reasonable purpose, and without prior notice or Plaintiff's consent, causing Wife great fear. C. Since he moved out on May 21, 2000, Husband has entered the residence to remove items of personal property, despite offers by legal counsel for . -, 'I ,"'-__ '_'. Jlt:L-, Wife to have Husband identify any remaining personal property items he wants released to him. D. Often while intoxicated, despite his knowledge that Petitioner Wife is upset and seeing a counselor, Husband persists in coming to the house while Wife is there or away, causing her extreme emotional distress. WHEREFORE, Defendant/Petitioner, Margaret C. Brooker, respectfully requests this Honorable Court grant her interim exclusive possession of the marital home until the conclusion of the divorce proceedings. ward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 ID#17441 (717) 238-2200 ATTORNEY FOR DEFENDANT , , . VERIFICATION I, Margaret C. Brooker, verify that the statements made in this Petition 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. Dated: ~~'\\ OD \ < < -'.- " '<:<,', KENNETH L. BROOKER, JR., * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENNSYLVANIA * VS. * NO. 2000-3359 * MARGARET C. BROOKER, * CIVIL ACTION - LAW Defendant * IN DIVORCE CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on August 25, 2000, I served a true and correct copy of an Petition for Exclusive Possession of the Marital Residence filed on August 24, 2000, upon Sam Andes, Esquire, counsel for the Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, PA 17043 Date: T'd)-oU ~~[).~o~ Misty D. Lehman ~~. ~lli!illIiMi"lDilil" ~:lJI!liI~i:!II~lIllliil:ioiiili'lfiiW:5~",,_,j;ltooiilflmij~"-~'~>' -,~...._u... . - ., -~ ,';" .,,~~ - ,~-.~ ~~ ~. ,"' o c ~. U-V.~ lTln--! Z'''' ~~i~ ~Ci ~C) --0 :>c: =~ rJ '0 "'" r- (}~ I":; ,.0 C) '" ~~ ~'l :_~ , -:?tj ,_" I ,~~ ;:;~rfl :::~ )> ~ :P> :3!:: :: , ,'-;', , " ,"',<. ,C., ,~...-,,. ,,,.~c, '-,j~"~"'t'--,,~, ~n '.' " ..iMJi, KENNETH L. BROOKER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-3359 CIVIL CIVIL ACTION - LAW MARGARET C. BROOKER, Defendant IN RE: PETITION FOR EXCLUSIVE POSSESSION ODER AND NOW, this r' day of September, 2000, at the request of counsel for the parties, the hearing in the above matter set for September 12,2000, is continued to Monday, November 27,2000, at 10:00 a.m. in Courtroom Number 4, Cumberland County Courthouse, Carlisle, P A. BY THE COURT, Samuel L. Andes, Esquire For the Plaintiff Edward 1. Weintraub, Esquire For the Defendant :rlm " '+,"'r'.,.',; ,~,,~-,'__ . '" ~,>;"._" ,_<' ',..:,,,-,n, '", c,__,-~~,,_"'~'''~-'..,,~ ;;;:-i',"~V~" ' "", KENNETH 1. BROOKER, JR., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 00-3359 CIVIL CIVIL ACTION - LAW MARGARET C. BROOKER, Defendant IN RE: PETITION FOR EXCLUSIVE POSSESSION ODER AND NOW, this 2. -; . day of November, 2000, it appearing that counsel desire additional time to attempt to resolve this matter by agreement, hearing herein is continued generally. BY THE COURT, Samuel 1. Andes, Esquire For the Plaintiff .;;J :rlm t~~ /1-.28 -00 AX5 Edward J. Weintraub, Esquire For the Defendant ,Ok,,' 1UI.~IMItlI~!Ik/l. 1'~liiIlili ilt~ '1 -i!l.ll~t~"""~ -~I .1 n .), IS ,...'1t :",;"'; n'-\ hI'" {.' \)~J \ 1..'-; . " ,\"1",1 ,'_ .-_, ('.n\\\'-\\\ ,..' _, '"II,I '..../.....,,\) r' '1!'iJ.\:-'\~\: (,,' ~ , \\1\ ..;\Y'-!l"..'~:I\ ;':\'\C;,.,i\\li.o.;;-\".r\ n,,"''\'''-' \,-1'4 -,.- """~ . " . . ~-', KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY,PENNSYLVANIA . Ys. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION - LAW Defendant . 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 the 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, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 17013-3387. 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. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 )1 ' 'L_, . -;" KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY, PENNSYLVANIA . V5. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION - LAW Defendant . IN DIVORCE ANSWER AND COUNTERCLAIM IN DIVORCE AND NOW, Defendant, Margaret C. Brooker, by and through her attorney, Edward J. Weintraub. Esquire, answers the within Divorce Complaint and avers as follows: ANSWER TO COMPLAINT IN DIVORCE 1. Admitted. 2. Denied. Defendant is currently residing at 504 Braginton Street, Clearwater, Florida, 33756 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. ~~ COUNTER-CLAIM IN DIVORCE COUNT I. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER !/3701, !/3702 and !/3704 OF THE DIVORCE CODE I. Defendant is unable to sustain herself during the course of litigation. 2. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 3. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701, 3702 and 3704 of the Divorce code. COUNT II. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER !/3502(d) OF THE DIVORCE CODE 4. The prior paragraphs of this Complaint are incorporated herein by reference thereto. "'~. , '-'1 5. During the course of the marriage, Plaintiff has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 6. Pursuant to Section 3502(d), Defendant requests Plaintiff be directed to continue maintenance of said policies. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT III. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER 93702 OF THE DIVORCE CODE 7. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 8. Defendant has employed Edward J. Weintraub, Esquire, to represent her in this matrimonial cause. 9. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 10. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 11. ResetVing the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing, ", - > ' " ~'" the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. Respectfully submitted: BY~ Edward J. eintraub, squire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID #17441 ATTORNEY FOR DEFENDANT Date: -/' ~ o ) , . . -' VERIFICATION I, Margaret C. Brooker, hereby swear and affirm that the facts contained in the foregoing Answer and Counter-Claim are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ~lC ~)/;MR~ Margaret . Brooker j' "''-' "~ll~~'tg~~ -<-'~~""~~'"11t(~~!lkI'~1iil~~i~j~lIi~J>ljrr~~~~llt ~,'" ~. .P1i::I'H'~ ~ ~ ' ,'\.-'~ ~ (') c:> C~ ~ c: .-n 7[ ~ - ~ _.'f,. -o\:u x~ .'-- '--n IT1~ :,;;0 ." -. Q Z_);_, .,,-, Zc;:: ~v '::,J 0 ~;2~ 0 - ....:) r:;O --0 -I, 0. '< ~1~ ':-':' r )> """,- zO .- ....0 t3 )>0 r. ....... C '-J G' z ::::> :> ::<! Xl ~ J -< ,""'..... ,- - ~ .-.', -. M m- l;;ii' . 'KENNETH L. BROOKER, JR., Plaintifti'Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE MARGARET C. BROOKER, Defendant/Petitioner NO. 00-3359 IN DIVORCE DR# 30537 Pacses# 560103217 CIVIL TERM ORDER OF COURT AND NOW, this 23'" day of March, 2001. upon consideration of the attached Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Aoril 26. 2001 at 9:00A.M. for a conference, at 13 N. Hanover St., Carlisle. PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (I) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.IW (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, George E. Hoffer, President Judge Mail copies on 3-23-0 I to: Petitioner < Respondent Edward Weintraub, Esquire Samuel Andes, Esquire flRoJ L Date of Order: March 23, 200 I , Conference Officer YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIA nON 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 , I I 'Ii I i I l-. ,,' ,~'., ",~-, , KENNETH L. BROOKER, JR., * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY, PENNSYLVANIA * vs. * NO. 2000-3359 * MARGARET C. BROOKER, * CIVIL ACTION - LAW Defendant * IN DIVORCE ANSWER AND COUNTERCLAIM IN DIVORCE AND NOW, Defendant, Margaret C. Brooker, by and through her attorney, Edward 1. Weintraub, Esquire, answers the within Divorce Complaint and avers as follows: ANSWER TO COMPLAINT IN DIVORCE I. Admitted. 2. Denied. Defendant is currently residing at 504 Braginton Street, Clearwater, Florida, 33756 3. Admitted. 4. Admitted. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. ,I. ,.. ~-" 'id; .., COUNTER-CLAIM IN DIVORCE COUNT I. REQUEST FOR SPOUSAL SUPPORT AND/OR ALIMONY PENDENTE LITE AND ALIMONY UNDER 93701,93702 and 93704 OF THE DIVORCE CODE I. Defendant is unable to sustain herself during the course of litigation. 2. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 3. Defendant requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3704 of the Divorce Code. WHEREFORE, Defendant respectfully requests the Court to enter an award of spousal support and/or alimony pendente lite until final hearing and thereupon to enter an order of alimony in her favor pursuant to Sections 3701. 3702 and 3704 of the Divorce code. COUNT II. REQUEST FOR CONTINUED MAINTENANCE AND BENEFICIARY DESIGNATIONS OF EXISTING POLICIES INSURING LIFE AND HEALTH OF BOTH PARTIES UNDER 93502(d) OF THE DIVORCE CODE 4. The prior paragraphs of this Complaint are incorporated herein by reference thereto. '. 5. During the course of the marriage, Plaintiff has maintained certain health, life and death insurance policies for the benefit of Plaintiff and Defendant. 6. Pursuant to Section 3502(d), Defendant requests Plaintiff be directed to continue maintenance of said policies. WHEREFORE, Defendant respectfully requests that, pursuant to Section 3502(d) of the Divorce Code, the Court enter an order directing Plaintiff to continue to maintain certain life and health insurance policies for the benefit of Plaintiff and Defendant. COUNT III. REQUEST FOR COUNSEL FEES, COSTS AND EXPENSES UNDER 93702 OF THE DIVORCE CODE 7. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 8. Defendant has employed Edward J. Weintraub, Esquire, to represent her in this matrimonial cause. 9. Defendant is unable to pay her counsel fees, costs and expenses and Plaintiff is more than able to pay them. 10. Plaintiff is employed and has the ability to pay Defendant's counsel fees, costs and expenses. 11. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Defendant requests that, after final hearing. ~ ~ ~ -. ~; i' !,-- f' I:: ;<' ;~; '; o I>: I,: I,: r: , n ::: ,''' :\; !i] ", '-'! -\,i ;j J :;i " "1 q " r:: H l' I' I: [-] ~l Ii I~ i1 I' ,1 i1 'I !J I " " !j ~ . ""'O~.:J '. the Court order Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. WHEREFORE, Defendant respectfully requests that, pursuant to Sections 3702 of the Divorce Code, the Court enter an order directing Plaintiff to pay Defendant's reasonable counsel fees, costs and expenses. Respectfully submitted: BY: Edward J. eintraub, squire 2650 North Third Street Harrisburg, PAl 711 0 (717) 238-2200 ID #17441 ; 10 I ATIORNEY FOR DEFENDANT Date: " ~ '. " ,- , '^ b',C '. VERIFICATION I, Margaret C. Brooker, hereby swear and affirm that the facts contained in the foregoing Answer and Counter-Claim are true and correct and are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ffiC\;~t C I~Jll/J~o~ Margaret . Brooker , , l~, '"; ^" ""c.",' ".-1 Ii Ii \ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA _KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY, PENNSYLVANIA . YS. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION - LAW Defendant . IN DIVORCE DRS ATTACHMENT FOR APL PROCEEDINGS PETITIONER NAME MARGARET C. BROOKER ADDRESS 504 Braginton Street, Clearwater, FL 33756 BIRTH DATE April 10, 1958 SOCIAL SECURITY NUMBER 181-50-7113 HOME PHONE 1-727-742-3411 WORK PHONE 1-727-586-5029 EMPLOYER NAME Speedway EMPLOYER ADDRESS 1403 Clearwater Largo Road North, Largo, FL JOB TITLE/POSITION Cashier DATE EMPLOYMENT COMMENCED March 18,2001 GROSS PAY , $260 per week (estimated) NET PAY $161.20 per week estimated) OTHER INCOME N/A ATTORNEY'S NAME Edward J. Weintraub, Esquire ATTORNEY'S ADDRESS 2650 North Third Street, Harrisburg, P A ATTORNEY'S PHONE NUMBER 717-238-2200 ~ l., ~ ',," -- ~ i , '. ~" . ,'~ ">1'! ,-~ I',' '! i;.i i;1 l:j 1-,1 1;1 , !~i Vi " NAME Kenneth L. Brooker, Jr. ADDRESS 562 Hollywood Drive, Middletown, P A 17057 BIRTH DATE January 7,1955 SOCIAL SECURITY NUMBER 202-46-5712 HOME PHONE 717-939-4933 WORK PHONE 717-566-3361 EMPLOYER NAME Swatara Township Authority EMPLOYER ADDRESS 599 Eisenhower Blvd, Harrisburg, P A 17111 JOB TITLEIPOSITION Maintenance Mechanic DATE EMPLOYMENT COMMENCED Believed to be April 20, 1981 GROSS PAY Believed to be $985 bi-weekly NET PAY Unlmown OTHER INCOME None ATTORNEY'S NAME Samuel L. Andes, Esquire ATTORNEY'S ADDRESS 525 North 12th Street, Lemoyne, P A 17043 ATTORNEY'S PHONE NUMBER 717-761-5361 RESPONDENT ,., !ii ';! 'I :,1 " ::] " 'I ;'1 , t;J i;:1 ::.1 " If I 'n I'! lP ii'i !f] I':! I:! 'I ,I :11 'lj il 'i II 1-1 " [I ~ :1 ~I 'I iJ ,I " MARRIAGE INFORMATION DATE OF MARRIAGE August 25,1984 PLACE OF MARRIAGE Linglestown, Pennsylvania DATE OF SEPARATION May 21,2000 ADDRESS OF LAST MARITAL HOME 100 N. 2ns Street, W ornleysburg, P A 17043 DESCRIPTION OF DOCUMENT Answer and Counterclaim in Divorce RAISING APL CLAIM DATE APL DOCUMENT FILED March 15, 2001 KENNETH L. BROOKER, JR., * IN THE COURT OF COMMON PLEAS Plaintiff * CUMBERLANDCOUNTY,PENNSYLVANIA * vs. * NO. 2000-3359 * MARGARET C. BROOKER, * CIVIL ACTION - LAW Defendant * IN DIVORCE 1 , }, r ! i , ! i I. I Ii I, [ I [, [ ! '; r I' CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward 1. Weintraub, Esquire, hereby certify that on March 26, 200 I, I served a true and correct copy of an Order of Court regarding the APL Conference upon Sam Andes, Esquire, counsel for the Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, P A 17043 Date: '~r Zl n-CL - ~L~ Mtsty D. Le an 00 i1ilii'~" --' .=,~ ,,--~.", ~""".,,",,-, ilI~. ~" ili~~'a~!l'.l;\~~.'1'~~. oJ-'~ ' J"';lIiM'lIII!Iil~iIiit "'i...." "..'C.<,<, >,.' 0 a .,,--" c " ~::~ - :.::J _',i>. veU :'~ ---on rn(l' ::c 'i Z:::r~ N bJ ~~ );~ .-l "-j;"';'" -<,.. :jt1~~ ~~, '~\.7 _..::;~ (-') .~~' ~':::, ( ) ~o - E"51"n ):-"c .. .-1 Z 'C...11 '1> :< "0 (A> "< ! - '. 1 - KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY,PENNSYLVANIA . V5. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION - LAW !~ ':~ Defendant . IN DIVORCE i: ~ i CERTIFICATE OF SERVICE I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on March 20, 2001, I served a true and correct copy of an Answer and Counterclaim in Divorce, Petition for APL and DRS Attachment for APL Proceedings upon Sam Andes, Esquire, counsel for the Defendant, by depositing same, postage pre-paid, in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, P A 17043 ~~ I) ~ LmLu Mis D. Leban Date: 3-;>0-61 ......"" "~.*-h_~~'~'''"''-"~(;>,Ill~w....wt~~''iot-'-'' ~ .J ,.,. ~, " 1 ,_ ,~.:.."'., ,,' ~l']:l""-,", "w '" (") 0 0 C ,1 5: :x ~]m "'" mfll = ::n ~~, ""---,,' 1'0 --,...,.., ZC;::: ~::~6 ~"';;; -.I <,-, ~C> ."'0 i~Ii~ ~O ."'J?' ~g CA) ~ Z -I :.n )> --{ ::0 -< 0'\ -< . ".-..-.....""'~~ .- ~ , ~, e~'~ "' '~, " ~~~ ri!ll'.=::: In the Court of Common Pleas of CUMBERLAND County, Peunsylvania DOMESTIC RELATIONS SECTION MARGARET C. BROOKER ) Docket Number 00-3359 CIVIL Plaintiff ) vs. ) PACSES Case Number 560103217 /D3G1537 KENNETH L. BROOKER JR ) Defendant ) Other State ill Number ORDER AND NOW, to wit on this 21ST DAY OF AUGUST, 2001 IT IS HEREBY ORDERED that the 0 Complaint for Support or 0 Petition to Modify or ~ Other ALIMONY PENDENTE LITE filed on MARCH 19, 2001 in the above captioned matter is dismissed without prejudice due to: PLAINTIFF NOT APPEARING FOR SCHEDULED CONFERENCE. o The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: DRO: RJ Sh/ldday xc: defendimt plaintiff Edward Weintraub, Esquire Samuel Andes, Esquire GE lI'" """, "" III.... 1!.f n :"..~ .-." tI, Service Type M Form OE-506 Worker ill 21005 - , .,', ", .; ," , ,L~ _"' ',-_. . -.;" , " , ~' .. KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY,PENNSYLVANIA * VS. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION - LAW Defendant . IN DIVORCE RULE AND NOW, this ~ day of ~"... , , q., ~ 1""" hI.o , 2002, a rule is hereby issued to show cause ~ why the within request should not be granted. RULE RETURNABLE IN- 2-0 DAYS. '""'Iw JA./lI,........, BY THE COURT: ~~ !i.M-O 21ft RXS 1:0" ~. AbC> "1 ik', wlro.u.\ . Ad 1. '"u..._, " I i I ! i-' I i i.' i; i', ~ "<" ..< HLED-Of+\CE OF F'c i't:f,nt,\QT,lViY 02 ~PR \'J Ar\ g: 52 CUI "~I' -, ,\.. '''(''u'''T'{ v\uc,MLJ\\ '<IU '.j) i'li PENI'-lSYLIJAN!A .. -, >"_'" ^-" '~,-"'" 'r^- ~~1' ~ ' <~ -,-' ..... = ] n .m~ll_rm,_,~ "'" ~ ,In . "J: " '-~'''''", " ",. ~" .. KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY,PENNSYL VANIA . vs. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION. LAW Defendant . IN DIVORCE PETITION TO WITHDRAW APPEARANCE Edward J. Weintraub, Esquire hereby respectfully petitions this Honorable Court for Leave to Withdraw his appearance as counsel for Defendant, Margaret C. Brooker, and in support thereof, avers as follows: 1. Petitioner is Edward J. Weintraub, Esquire. 2. Respondent is Margaret C. Brooker. 3. Petitioner was retained by Respondent on or about June 27, 2000, to represent her in a divorce matter. 4. Petitioner has undertaken such representation but is unable to continue for the following reasons: a. There has been a senous failure of communication between Petitioner and Respondent. b. Petitioner is unable to effectively represent a client who fails to communicate with him. c. Respondent by her conduct has rendered it unreasonably difficult for Petitioner to carry out his employment effectively by failing to communicate with him. Withdrawal is allowed under Rule 1:16(b)(5) of the Rules of Professional Conduct. . d. Respondent has disregarded an agreement with Petitioner as to fees and costs and withdrawal is allowed pursuant to Rule 1.16(b)( 4) of the Rules of Professional Conduct. 5. Petitioner has communicated to Respondent that he intends to withdraw as counsel for Respondent. A true and correct copy of said letter is attached hereto as Exhibit "A". WHEREFORE, Petitioner respectfully requests leave to withdraw his appearance as attorney for Respondent. ""'.~ b ~ Edward J. Weintraub, Petitioner 2650 N. 3rd Street Harrisburg, P A 1711 0 (717) 238-2200 AttorneylD: 17441 - ',' ,. ,,' "-'..., , 4\.l<{ LAW. OFFI.CES OF EDWARD J. WEINTRAUB & ASSOCIATES PRACTICE LIMITED TO F AMIL Y LAW 2650 N. THIRD STREET HARRISBURG,PENNSYLVANIA 17110 (717) 238-2200 FAX - (717) 238-9280 E-MAIL - EWDlVORCE@AOL.COM Edward J. Weintraub Heather L. Harbaugh Jennifer L. Frechette* *also admitted V A Bar Legal Assistants WenclY L. Shive Misty D. Lehman MEMORANDUM ,,/' TO: Peggy Brooker FROM: RE: Petition to DATE: April 10, 2002 This is to advise you that I intend to withdraw as your attorney, as you have not paid me. Thereafter, collection proceedings will be instituted. If you contact me immediately, we may be able to resolve this. EJW/mdl ,;- dli~~~I~)~&.~~ -",- -' " , ~~-,' w ~ ~,_,.~ _ ,-" ~-, il"~ . .....,.~ ten ;''''""",.;.", () C> 0 C N -n s:: > ::j -0 CD " ~,!:; ~q nlfTl ";0 Z::rl .If'::;:: zr-< -T,r-n ~~:: r'V ::_::~ ',,--;-,1 r, ! ~C) " ~:-j~~ Po ;;:~......, ~ "'0 Z(:l t:? ZSl'TI PC: Z :::> s;' ::<! t,..) ~ ~ '[.' '-'.-L ',-" ' ",,-.1-.,_,', L ~c';" KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY,PENNSYLVANIA . V5. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION - LAW Defendant . IN DIVORCE CERTIFICATE OF SERVICE ~: I, Misty D. Lehman, Legal Assistant to Edward J. Weintraub, Esquire, hereby certify that on the date set forth below, I served a true and correct copy of a Petition to Withdraw Appearance and Rule upon Sam Andes, Esquire, counsel for the Plaintiff, by depositing same, postage pre-paid, in the United Stated Mail, Harrisburg, Pennsylvania and to Margaret C. Brooker by depositing same, postage pre-paid, certified mail, return receipt requested as well as via regular mail'in the United States Mail, Harrisburg, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire P.O. Box 168 Lemoyne, P A 17043 Margaret C. Brooker 504 Braginton Street Clearwater, FL 33756 Date: -=1-- l't'1-oi) ~~().~ Misty D. Lehman '_n - i '" '-__-L,-.l- ,- ,-',--' " \.. i; i' Ii I !: h " KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY,PENNSYLVANIA . V5. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION - LAW Defendant . IN DIVORCE Ii I' I' I' i': , AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYL VANIA : ss. COUNTY OF DAUPHIN AND NOW, this 26th day of April, 2002, personally appeared before me, a Notary Public in and for the aforesaid Commonwealth and County, Wendy L. Shive, who being duly sworn according to law, deposes and says that on April 19,2002, she mailed a certified copy of the Petition to Withdraw Appearance and Rule to Show Cause, by certified mail, return receipt requested, to Margaret C. Brooker, 504 Braginton Street, Clearwater, Florida 33756, and the same was received by her on April 22, 2002 as indicated by the return receipt card which is attached hereto. ~~!~ Sworn to and subscribed before me on this ~y of f1.{J1 i 1 2002. , fY~,(), ~~ N ot<lfY Pub!ic Notarial Seal Misty D. Lehman. NotarY Public Harrisburg, Dauphin County My Commission Expires Aug. 2. 2004 -... .. -' ';ENDER: COMPLETE THIS SECTION . Complete items 1, 2, and j. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you, . Attach this card to. the back of the mail piece, or on the front if space permits. 1. Article Addressed to: __ , tM.fq eveJ. L. 6tt:dLQ.{-', . 5t:>L\ ~(Clq I y1fz.y' ')-1--., ; c.\,.wfw~~~:F},'-'!"'i~ ,-, "'-~~~--'i$ ltJ 3. Seryee Type Q"Certified Mail o Registered o Insured Mail o ExpreS$Mail ~ l:i-11etum Receipt o C.O.D, 4. Restricted Delivery? (Extra Fee) . ~. Article Number (T>ansf.r/fo/'i"'7Ic.!~9ef):, DCO, Ll6)\.:u::X)o9t Hi -rS- !./ J gel PS Form 3811, August 2001 Domestic Return Receipt 1025Q5-01-M-2509 , -~, .. ~.." _0.,_,,,,'____,,__11 '. '.' ",~o,.", . Jiil~ ..~ '"""'"', "..... .- , -veil ~ " mrn :;;0 Z::u zt' w en .!.-'-> 0 --< :o.?' r::c "'" ~~~: ~ '. ...-c '2 Z ~ :j ~ '0 I ',',," ~, , , KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY,PENNSYLVANIA . vs. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION - LAW Defendant . IN DIVORCE ORDER AND NOW, this 'i ~ day of ~"'....... , 2002, the Petition is granted. The Petitioner, Edward J. Weintraub, Esquire, is permitted to withdraw his appearance of record for the Defendant in the above matter, and it is further ORDERED and DECREED that the Prothonotary shall so mark the record. BY THE COURT: 'A;j J. rh~,'.~J ~j;;- ~ ';/- ~, ~, '\1-- /Yl~ ~ ~ 1.,J~, ~, ~ I.~,~", ~ "" "~,, , II. ""',,,, .",,-,.,~~,;T ,- ;=iUT)-CrF1Ct OF +--i 'Co: :f)TAriY 02 JU~J - 3 i\t i i I : ? 9 C"""" "''''1'''' ur/:t:1.:: '1.~}.J\.)i\ i 1 PEi~NS'{L::/!\Nl/\ -.-. -'>1, " """, '" '~"""W _.,.~",,,~~,....!i,l!iIM~Il-'J!jliji "..~" ",4'1- - g, .~" , 'oJ".~, . -, >'", ~"" < " , KENNETH L. BROOKER, JR., . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLANDCOUNTY,PENNSYLVANIA . V5. . NO. 2000-3359 . MARGARET C. BROOKER, . CIVIL ACTION - LAW Defendant . IN DIVORCE PETITION TO MAKE RULE ABSOLUTE AND NOW comes the Petitioner, Edward J. Weintraub, Esquire, and petitions this Honorable Court as follows: 1. On or about April 12, 2002, the Petitioner, Edward 1. Weintraub, Esquire, did file a Petition to Withdraw Appearance, along with a Rule to Show Cause. 2. On April 17, 2002, the Honorable Kevin A. Hess did issue a Rule to Show Cause to show cause why Edward 1. Weintraub, Esquire, should not be permitted to withdraw as counsel for Defendant, with said Rule returnable twenty (20) days from service. 3. On or about April 19, 2002, Petitioner did cause to have served upon Defendant, Margaret C. Brooker, and Counsel for Plaintiff, Samuel Andes, Esquire, the above referenced Petition to Withdraw Appearance and Rule to Show Cause. 4. To date there has been no response from either party to the above referenced Rule to Show Cause. - ,[--~-- . """"i,_; < I' r::' i I' I I, 1 ~ i: WHEREFORE, the Petitioner respectfully requests that this Honorable Court grant the Petitioner leave to withdraw his appearance for the Defendant in this action. Respectfully submitted, /CtY Edward J. Weintraub, Esquire 2650 North Third Street Harrisburg, PA 17110 (717) 238-2200 ID#17441 Date: ../ 7 ::\~" (J//--,-V .;,; . --j,..,,,-,,, 'iliililj' ,,"~~ ,; "ffIWI~ -~';~~t'l , ".L- """ ".- " '; '.';' ,;" ,~,. " ",;,d "" .'" . ". ,., . o c -- -off? fllnnl ~~ );;', 2S -< c:l '''' ::e: ~ c...) <=> o -n ",-,I ;'-!1~ -.-,m ~_;S~J [~;,;C) ~(=+i ~() "~rn C~l ~-1 --, jJ ==< -0 :::1: r-;.? c:- eo "1 I!ii