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HomeMy WebLinkAbout03-3222KIMBERLY A. RAUDABAUGH FERTENBAUGH, Plaintiff BRYONL. FERTENBAUGH, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 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 Prothonotary's Office, 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 KIMBERLY A. RAUDABAUGH FERTENBAUGH, Plaintiff BRYON L. FERTENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : ._ : CIVIL ACTION - LAW .. : IN DIVORCE COMPLAINT AND NOW, comes the above-named Plaintiff, KIMBERLY A. RAUDABAUGH FERTENBAUGH, by and through her attorney, CONSTANCE P. BRUNT, ESQUIRE, and seeks to obtain a Decree in Divorce from the above-named Defendant, BRYON L. FERTENBAUGH, upon the grounds hereinafter set forth. 1. Plaintiff is KIMBERLY A. RAUDABAUGH FERTENBAUGH, an adult individual, who currently resides at ! 105 Coppercreek Drive, Mechanicsburg, PA 17050. 2. Defendant is BRYON L. FERTENBAUGH, an adult individual, who currently resides at 3008 Warren Way, Mechanicsburg, PA 17050. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 1, 2000, in Cumberland County, Pennsylvania. parties. There have been no prior actions of divorce or for annulment between the 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States or any of its allies. 8. The Plaimiffhas been advised of the availability of marriage counseling and understands that she may request that the Court require the parties to participate in counseling. 9. The Plaintiff avers that the grounds on which the action is based are that the marriage is irretrievably broken. 10. Plaintiff requests the Court to enter a Decree in Divorce. 2 WHEREFORE, Plaintiffprays that your Honorable Court enter a Decree in Divorce dissolving the marriage between the parties. Respectfully submitted, CONSTANCE P. BRUNT, ESQUIRE Supreme Court ID# 29933 Beaufort Professional Center 1820 Linglestown Road Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff 3 VERIFICATION I verify that the statements made in the foregoing Complaint In Divorce 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. DATED: KIMB~Y. RAUDABAUGH~/ERTENBA U~H KIMBERLY A. RAUDABAUGH FERTENBAUGH, Plaintiff Ve BRYONL. FERTENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. : CIVIL ACTION - LAW : : NO. 03-3222 : : IN DIVORCE ACCEPTANCE OF SERVICE I, BRYON L. FERTENBAUGH, accept service of'a certified copy of the Complaint In Divorce filed in the above-captioned matter. Dated: B~XYON L. FERTENBAL~H, Defendant 3008 Warren Way Mechanicsburg, PA 17050 KIMBERLY A. RAUDABAUGH FERTENBAUGH, Plaintiff BRYON L. FERTENBAUGH, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-3222 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE I consent to the entry ora final decree of divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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 unswom falsification to authorities. DATE: ////~0/,2oo.1 ~efendant KIMBERLY A. RAUDABAUGH FERTENBAUGH, Plaintiff BRYON L. FERTENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 03-3222 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 8, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. DATE: II/$0 la. vOX BRYON L. FERTENBAUGH, Defendant KIMBERLY A. RAUDABAUGH FERTENBAUGH, Plaintiff Ve BR¥ON L. FERTENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA .. .. : CIVIL ACTION - LAW : : NO. 03-3222 CIVIL TERM : : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(C) AND §3301(D) OF THE DIVORCE CODE I consent to the entry of a final decree of divorce without notice. 2. 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. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. 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. DATE: / , KIMBEREY A. R_AUDABA/UGH FERT~?/IBAUGH, Plaintiff KIMBERLY A. RAUDABAUGH FERTENBAUGH, Plaintiff BRYON L. FERTENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03-3222 CIVIL TERM : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 8, 2003. 2. The marriage of Plaintiff and Defendant is irretn[evably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry ora final Decree of Divorce after service of notice of intention to request entry of the decree. 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. DATE: KIMBERLY A. RAUDABAUGH FERTENBAUGH, Plaintiff BRYONL. FERTENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA _. .. : CIVIL ACTION - LAW : : NO. 03-3222 CIVIL TERM : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grotmd for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance Of Service dated August 4, 2003, and filed on August 8, 2003. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: By Plaintiff on November 10, 2003; by Defendant on November 30, 2003. (b)(1) Date of execution of the Plaintiffs Affidavit required by Section 3301(d) of the Divorce Code: N/A; (2) Date of filing and service of the Plaintiffs Affidavit upon the Defendant: N/A. 4. 5. Related claims pending: None. Complete either (a) or (b). (a) Date and manner of service of the Notice Of Intention To File Praecipe To Transmit Record, a copy of which is attached: N/A. (b) Date Plaintiffs Waiver of Notice was filed with the prothonotary: December 5, 2003. Date Defendant's Waiver of Notice was filed with the prothonotary: December 5, 2003. DATE: Respectfully submitted, CONSTANCE P. BRUNT, ESQUIRE Supreme Court I.D. No. 29933 Beaufort Professional Center 1820 Linglestown ]toad Harrisburg, PA 17110-3339 (717) 232-7200 Attorney for Plaintiff 2 IN THE COURT OF COM~MON PLEAS KIMBERLY A. RAUDABAUGH FERTENBAUGH, PLAINTIFF VERSUS BRYON L. FERTENBAUGH, DEFENDANT OF CUMBERLAND COUNTY STATE OF p~~ PENNA. NO. 2~222 CIVIL TERM 2003 DECREE IN{ DIVORCE AND NOW,~ C~ DECREED That KIMBERLY A. RAUDABAUGH FERTENBAUGH AND BRYON L. FERTENBAUGH __, IT IS ORDERED AND , PLAINTIFF, , 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; NONE ATTEST: PROTHONOTARY KIMBERLY A. RAUDABAUGH FERTENBAUGH, Plaintiff BRYON L. FERTENBAUGH, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ; : CIVIL ACTION - LAW : NO. 03-3222 CIVIL TERM : : IN DIVORCE NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, KIMBERLY A. RAUDABAUGH FERTENBAUGH, having been granted a Final Decree in divorce from the bonds of matrimony on the 9th day of December, 2003, hereby elects to retake and hereafter use her previous name ofKIMBERLY A. RAUDABAUGH. KIMBERIjLY A. RAUDAB~JGH FERTEN~UGH To Be Known As: KIMBERLY A. RAUDABAUGH KIMBEI~LY A. RAUDABA~H COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN On the ',¥',~. day of ~e.~.~*~ ,2003, before me, a Notary Public, personally appeared KIMBERLYA. RAUDABAUGH FERTENBAUGH, known to, me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto Notarial Sea Constance R Brunt, Notary PuNic Susquehanna Twp. Dauphin County My Commission Expires Oct. 20, 2005 set my hand m~ Notarial Notary Public Seal.