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HomeMy WebLinkAbout07-2304DIANNA RUBLY-SHIPMAN, v. Plaintiff HARRY T. RUBLY-SHIPMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. U'Y -- of ~ I v ~ ~, ~~/L.'-'mil 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 of 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. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 32 S. Bedford Street Carlisle, PA 17013 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County complies with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least seventy-two (72) hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. DIANNA RUBLY-SHIPMAN, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. C~'`I -- ~.3 G~ ~ ~ ~C ~~L. v. CIVIL ACTION -LAW HARRY T. RUBLY-SHIPMAN, IN DIVORCE Defendant COMPLAINT DIVORCE UNDER SECTION 3301(c) and (d) OF THE DIVORCE CODE AND NOW COMES Plaintiff, Dianna Rubly-Shipman, by her attorney, Jay R. Braderman, Esquire, and respectfully represents as follows: 1. Plaintiff, Dianna Rubly-Shipman, is an adult individual residing at 874 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant, Harry T. Rubly-Shipman, is an adult individual residing at 874 Mandy Lane, Camp Hill, Cumberland County, Pennsylvania, 17011. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 9, 2000, in Muncy, Pennsylvania. 5. There is one child born of this marriage, Harry Taylor Shipman II, born April 4, 2001, now six years of age. 6. Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. 7. The Defendant is a member of the Armed Services of the United States, and is enlisted in the Army National Guard. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301 (d). The marriage of the parties is irretrievably broken. The date of separation was on or about April 5, 2007. 2 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter a Decree in Divorce from the bonds of matrimony. Date: Respectfully Submitted, Ja ~ad an, Esquire o ey ID No. 07047 12 Locu Street P. O. Box 11489 arrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff VERIFICATION Upon my personal knowledge or information and belief, I hereby verify that the facts averred in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein made are subject to the criminal penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: ~'~~'Q~ DIANNA RUBLY,6H1 I verify that I have reviewed this form with my client and to the best of my knowledge the allegations herein are true and correct. Date: ~ d J . Bya(derman, Esquire orney ID. No. 07047 26 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney For Plaintiff DIANNA RUBLY-SHIPMAN, IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff NO. v. CIVIL ACTION -LAW HARRY T. RUBLY-SHIPMAN, IN DIVORCE Defendant AFFIDAVIT DIANNA RUBLY-SHIPMAN, 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 Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that 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. Section 4909 relating to unsworn falsification to authorities. ~ w ~ ~ ~;~ l ~ s^_: a -~~_ ~, b ~ ~._ ~ ~ ~. n :r n ~ r.s ~. ^~ Y Q w 0 cJ-s ~; ~~ ~- ~~ "LEIV Q ICE Jay R. Braderman, Esquire ~' ~ ~ T ~ '~ R ~ Attorney I.D. No. 07047 126 Locust Street 201 I~UG A 0~ 24 P. O. Box 11489 Harrisburg, PA 17108-1489 „ $. ~ ~ N ~{ (717) 232-6600 P ~ N N A Attorney for Plaintiff DIANNA RUBLY-SHIPMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plainfii NO. 07 2304 CIVIL TERM v. CIVIL ACTION -LAW HARRY T. RUBLY-SHIPMAN, IN DIVORCE Defendant AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 20, 2007. 2. The marriage between Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses ~ 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 unswom falsification to authorities. Date: g - ~.~' D7 DIANNA RUBLY SSN: 178-62-94 ~„ ° ~ r ` ' ~ ~_ ` F ~ 7 ~' '1' , 7 c:'s ^.~ I~~:CEiVEO,/ ,, Jay R. Braderman, Esquire ~} F1CE OI~Q Attorney LD. No. 07047 . ~ n ~ t~ O T R Y 126 Locust Street P. o. Box 11489 207 aUG M !0~ 24 Harrisburg, PA 1710&1489 (717) 232-6600 ~ ~- rl + ~ ~, L Y Attorney for Plaintiff P ~ ~ ~ DIANNA RUBLY-SHiPMAN, IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintrff NO. 07 2304 CIVIL TERM v. CIVIL ACTION -LAW HARRY T. RUBLY-SHIPMAN, IN DIVORCE Defendant 1. 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 if I 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 understand that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. §4904 relating to unswom falsfication to authorities. Date: ~- o`~ ~ ` 0-7 DIANNA RUBLY-SHI SSN: 178-62-9466 - t7 ~ C~ ,~ ~ -ri K~.. w.3 =. _, t ~- ~~ ~ ~~ ._'.... S ~~r~~p V I ,J _.~ _ } f ~' ..w'Y~ Yy J ~' r = W ~ -~-; f~ Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for PtaintifF DIANNA RUBLY-SHIPMAN, Plaintiff v. HARRY T. RUBLY-SHIPMAN, Defendant t~E~E{V' ~'fCE S~ ~~~~1Tf ~iQ RY ZBOI AllC.~ ~ ~; 24 ~EMl~~ IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 2304 CIVIL TERM CiViL ACTION -LAW iN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 20, 2007. 2. The marriage betvueen Plaintiff'and Defendant is inetr~vably broken and ninety (90) days have elapsed ftom the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of Notice of Intention to Request Entry of the Decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees and expenses if I do not claim them before a divorce is granted. I verify that the statements made in this affidav~ are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904, relating to unswom fa{sfication to authorities. Date: art ~ ~'~ HARRY T. RUBL - HIPMAN. SSN: 183-56-1503 ~ C ~' ~ „-: - ': ~ F'E'E 1~ r s ~ ~ `' ~ ; _.t.- ~~.~. (~ ~ ~ ~ ; Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 1710&1489 (717) 232-6600 Attorney for Plaintiff DIANNA RUBLY-SHIPMAN, Plaintiff v. HARRY T. RUBLY-SHIPMAN, Defendant R CE.IV (~ '~E ~~;~^71~ Nt~T Y 2007 AUG 3 10' ~~ ,'-11~ C~I'~ PENN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 2304 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE 1. 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 if I 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 understand 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 falsfication to authorities. Date: ~`~ Q,x:o~ HARRY T. RUBL -SHIPMAN SSN: 183-56-1503 .a. rv ~Fi:~ ~" ~ ~ ~ P F ' ~ -~- t ~t Ei ~ .... ~: ... ° ~~ .. ~ ~ 0'7~ ~ Af~~dow~ -~ ~ ~v~ i ~ s 1, 2, and 3. Aria oorrtpiete Nrn 4 # Reatric~ed Ds~rery is desh''ed. • !Klnt your Halms and addroae on the ro~reree so ltret Mrs can n~dxrt the card to you. • A~ach this card in the back of the me~ipiece~ err on the front ff space permits. 1. AAcie ~dcinessd to: Mr. Harry T. Rubly-Shipman 874 Mandy Lane Camp Hill; ~'A 17011 F 7 ; 1 s j ; ~ ~ ~ ° ~°.~` X s. Received P-r-r~ed nkune) c. of - ~ -~~ D. le deiNery addneee dNfetertt from item 1? ~ No f< YE3, enter' delivery addnes below: ', . `~d~?a Mled MaN D Exproee MeH Q Registered O Rehm sor MaahstwMe lnsurod Mdl O C.O.D. a. Resa~i~ed Dellver~rt t~ r-ay k~~+» ~aa~ ~8~~ ; aaa2_ ~~...L~~._._: ~, m m Poe s q ~ ~ a ~~ ~e ~ _ _ ~~ o ~ o t~ _' 2 6 !7 a ri Rsst~icted oegvey Fee (~ RequMed) l~ . ~C ~ ~ ~ Toter[ Postage 8~ F9es ~ ~~ ~ ~~/~~~~i7 . G .. ..~ ~ ~ CJ ` . "'*~ - . ~'! ,„.~/_ !"'il tti`~ f r ~ , I )/l / Jay R. Braderman, Esquire Attorney I.D. No. 07047 126 Locust Street P. O. Box 11489 Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff DIANNA RUBLY-SHIPMAN, Plaintiff v. HARRY T. RUBLY-SHIPMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 2304 CIVIL TERM CIVIL ACTION -LAW 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. Ground for divorce: Irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: May 2, 2007, via U.S. Mail, Certified, Return Receipt Requested, Restricted Delivery, #7006 0810 0002 6332 0886, original USPS Certified Mail Receipt and PS Form 3811, Domestic Return Receipt, attached hereto. 3. Date of execution of the Affidavit required by Section 3301(c) of the Divorce Code: August 25, 2007, by Plaintiff. By Defendant: August 27, 2007. Plaintiff's Affidavit was filed with the Prothonotary on September 5, 2007. Defendant's Affidavit was filed with the Prothonotary on September 5, 2007. 4. There are no related claims pending. 5. Indicate date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and attach a copy of said Notice under Sections 3301(c) or 3301(d)(1)(i) of the Divorce Code: Plaintiffs Waiver was executed on August 25, 2007. Defendant's Waiver was executed on August 27, 2007. Plaintiff's Waiver was filed with the Prothonotary on September 5, 2007. Defendant's Waiver was filed with the Prothonotary on September 5, 2007. Ily Date: J r e an, Esquire om y o. 07047 P. 4. ox 1 489 126 Locu Street Harrisburg, PA 17108-1489 (717) 232-6600 Attorney for Plaintiff ~1 ~~'~ %44 ~. ~° '~°'~ .o, f ,~ s• a ~a~ I N 7'H E COURT OF COM MOl`I PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ~~; ~~, ~- NO. 07 2304 cTVTr. TERM VERSUS DECREE I1'~I DIVORCE AND NOW, S@ 1P~_ Z~ , ~, IT IS ORDERED AND DECREED THAT DIANNA RUBLY-SHTPMAN PLAT NTf FF, AND HARRY T_ RUBLY-SHTPMAN ,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 FfNAL ORDER HAS NOT YET BEEN ENTERED; NONE BY THE CO PROTHONOTARY _. DIANNA RUBLY-SHIPMAN, Plaintiff v. HARRY T. RUBLY-SHIPMAN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 2304 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that th Plai tiff in the above matter, after the entry of a Final Decree in Divorce dated ~ 0-1 ,hereby elects to resume the prior surname of RUBLY, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. _ . ___ Date: g- ~~ 07 ___---=xa~r.~a~~se. ~' Dianna Rubly- hip Dianna Rubly COMMONWEALTH OF PENNSYLVANIA COUNTY OF .. ~~ c~h i -'1 ) On thec,2 ~th of ~ , 2007, before me, the Prothonotary or the notary public, personally appeared the above affiant 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 set my hand and official seal. otary Public R~T~~ CAROL M GOTOWKA NotOry PubNc LOWER PAXTON TOWNSHIP DAUPHIN COUNTY ConxNaalon E es Se 9.2008 ~. C'Q~ Q ~ ~-, ~ ~- 4u S3 t .~- ~ .~ C:''a ,~' ~ ~~ , -i s _. _ .~ ~~;. GiY1n~ ~-' . iY,~ ~~~ e i ~~4, yt7.~rK'C1f'i~kt.i ....:..