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HomeMy WebLinkAbout07-4616STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TAMAZINE T. BROOKS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ~• :CIVIL ACTION -LAW SEAN M. BROOKS, : N0.07 - ~ CP I (.P CIVIL TERM Defendant : IN DIVORCE AND CUSTODY TICE 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 in divorce or annulment maybe 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 mamage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 STAGY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TAMAZINE T. BROOKS, Plaintiff' IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA °' :CIVIL ACTION -LAW SEAN M. BROOKS, : NO. 07 - yG /~ CIVIL TERM Defendant : IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301 OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: 1. 'The plaintiff is Tama~ine T. Brooks, an adult individual residing at 171 West Vine Street, Apt. B, Shiremanstown, Pennsylvania 17011. 2. The defendant is Sean M. Brooks, an adult individual who is currently incarcerated at the Cumberland County Prison, which has a mailing address of 1101 Claremont Road, Carlisle, Pennsylvania 17015. 3. Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on February 26, 2006 in Staten Island, New York 5. There have been no prior actions of divorce or for annulment between the parties. 6• The plaintiff avers that she has been advised of the availabilityof counselin and that The plaintiff and defendant have been residents of the Commonwealth of said party has the right to request that the court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 c OF THE DIVORCE CODE 7. The averments of Paragraphs 1 through 6 hereof are incorporated herein by reference. 8. The marriage between the parties is irretrievably broken. 9. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, plaintif f respectfully requests this Honorable Court enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. EO BEQUEST FOR A Nn Far T DIVOR[~F ER E TION 3~rnr,~; n_~ HE DIVORrF nnE 10. The averments of Paragraphs 1 through 9 hereof are incorporated herein by reference. 11. The marriage of the parties is irretrievably broken. 12. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an .Affidavit alleging that the patties have lived separate and apart for at least two years as specified in § 3301(4) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a decree of divorce pursuant to § 3301(4) of the Divorce Code. 13. The averments of Paragraphs 1 through 12 hereof are incorporated herein by reference. 14. Plaintiff seeks custody of the following child: Name Present Residence ~ e Izabella V. Brooks 171 West Vine Street, Apt. B 11 months Shiremanstown, PA 17011 8/23/2006 15. Plaintiff and Defendant are the natural parents of the child. 16. The child was born during the marriage of the parties. 17. The child is presently in the custody of Plaintiff, who resides at 171 West Vine Street, Apt. B, Shiremanstown, PA 17011. 18. following addresses: ~-~'~ A s• Dates: Plaintiff 171 West Vine Street t. B 8/1/2007-present Shiremanstown, PA 17011 Plaintiff/Defendant 107 November Drive 2/2007-8/1/2007 Apartment 2 Camp Ill, PA 17011 Plaintiff/Defendant 2110 Logan Street 12/2006-2/2007 Camp I~11, PA 17011 Plaintiff/Defendant 10 21S` Street 10/2006-12/2006 Camp Idill, PA 17011 Plaintiff/Defendant 2102 Market Street Birth-10/2006 Apartment 2 Camp Ill, PA 17011 19. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Since the child's birth, the child has resided with the following persons at the 20. Plaintiff has no information of a custodyproceeding concerning the child pen in a court of this Commonwealth or any other state. ~ 21. Plaintiff does not low of a person not a partyto the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 22. Mother has been the primary caregiver of the child since the child's birth. 23. Father is currently incarcerated in the Cumberland County prison in Car-lisle, Pennsylvania. 24. The best interests and permanent welfare of the child will be served by granting the relief requested herein. WHEREFORE, for the reasons set forth herein, Plaintiff, Tamazine T. Brooks, respectfully requests that the Court enter an order granting her custody of the child. WOLF & WOLF 2007 BY: --~'~!!/l STACY B WOLF, ESQUI Supreme Court ID #88732 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are made subject to the penahies of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. ` , 2007 ~'~~ Tama a T. Brooks, Plaintiff 0 ~ ~ ~ o ~ ~ o O ~ ~ ~l ~~ r R (~ ~\ c-a ~ o (- o -P7 i-j'? f ~ 7 .y '• ~ ~~ ~ ~ == t_. y} - ~ rn c w .~ n3 ~~ ~ TAMAZINE T. BROOKS IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. SEAN M. BROOKS DF,FF,NDANT • 07-4616 CIVIL ACTION LAW 1N CUSTODY ORDF,R OF COURT AND NOW, Monday, August 13, 2007 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, September 13, 2007 at 2:00 PM for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard. by the court, and to enter into a temporary order. All children age fve or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ ohn .Man an r. Es . Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ~~w~ ~~ ~,~Z -`~' ~ CO ~i/ 3 ~,~ ~~0~, <Q .~,~, ss y,rr~4.f+'ij~~I (,411, :~`~... r..5 '/'y7 ii 1` 1 .•~~y'~~iJ t.~P~., ~ 1 ~Qi ~w'~ S 1 ~~~ ~~~Z STAGY B. WOLF, ESQUIRE ATTORNEY ID N0.88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TAMAZINE T. BROOSS, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW SEAN M. BROOSS, : N0.07 -4616 CIVIL TERM Defendant : IN DIVORCE AND CUSTODY PRAECIPE TO WITHDRAW CUSTODY COiJNT OF DIVORCE COMPLAINT TO THE PROTHONOTARY: Please withdraw the Custody Count, Count III, of the Divorce Complaint filed by Plaintiff on August 3, 2007, in the above-captioned matter. WOLF & WOLF September ~ 2007 BY: STAGY OLF, ES IRE Supreme Court ID #88 32 10 West High Street Carlisle, Pennsylvania 17013 (717) 241-4436 Attorney for Plaintiff STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TAMAZINE T. BROOKS, Plaintiff v. SEAN M. BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07 - ~ ~ ~ CIVIL TERM IN DIVORCE AND CUSTODY ACCEPTANCE OF SERVICE I, Sean M. Brooks, certify that I am the defendant in this matter. Furthermore, I hereby certify that on , 2007, I received a certified copy of the divorce complaint filed in this action. qv ~i ~ .7 2 ~ ~/~ ~~ ~.. , Zoos Sean M. Brooks Defendant ~ECE~V EU 5~~ `~' ~ '~.~1U! ~.~ ~~ -~, , r- r~, -.. J -r7 . _~ A p °.! . . t ' ~1 ~ it '~ .. .. -., ... ~. _~'~~ , _.t p. i `~~ ~a '~ T0.yY, az.. i ~-Q- ~. ~ f o o~ 5 vs Case No. O~ " ~ 6 ~ ~° ~~ c- ~ p ~ S~ r~ . ~~aoks '~~ _ ° ~ ~~ ~ -~~ Statement of Intention to Proceed ~~ w ~ ct a ~ s° ,~ ~ ~ ~ To the Court: ~ ~''(' I ~~ " ~ ~~~ ~ S ~ Wl D Z »~, C N intends to roceed with the above ca tionec~natter ~ T7'1 ()f,,. _ L , p p ~,. --~ l Print Name ~ ~ t~ Sign Nam Date: ~ ~J / 9 / ~ ~ Attorney for TcZn-emu -^e T ~ roo ~ S Explan atory Comment The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the termination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. I. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the termination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The termination of these cases for inactivity was previously governed by Rule of Judicial Administration 1901 and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case maybe dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to temvnate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course terminating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been temunated, that party may proceed under Ru1e230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a showing to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entry of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law noa~ pros which exits independently of termination under Rule 230.2. STAGY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TAMAZINE T. BROOKS, Plaintiff v. SEAN M. BROOKS, r j~~'~3~~~~~ d t~IO QCT 2Z ~~ !Q~ ~~ ~~~~I-'m~~a Fw'irf1 ~~9 ~~'i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW NO. 07 -4616 CIVIL TERM IN DIVORCE Defendant NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file acounter- affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(dl OF THE DIVORCE CODE The parties to this action separated on or about the end of August, 2008 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. Section 4904 relating to unsworn falsification to authorities. VC ~y ~J e /2. t ~ , 2010 ~t ~ ~' L. Tamazin T. Brooks STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF TAMAZINE T. BROOKS, Plaintiff v. SEAN M. BROOKS, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW N0.07 -4616 CIVIL TERM IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that on October _ ~, 2010, I caused to be mailed a copy of the foregoing Affidavit Under Section 3301(d) upon the following person, by United States Mail, addressed as follows: Sean M. Brooks C/o York County Prision 3400 Concord Road York, PA 17402 Respectfully submitted, WOLF & WOLF By; Date: October ~, 2010 Stacy B. Wol~Esquire `~ 10 West High Street ~ Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Tamazine T. Brooks V. Sean M. Brooks NO. 2007-4616 DIVORCE DECREE AND NOW, /A eeoi ,?s? z3 , Tamazine T. Brooks Sean M. Brooks bonds of matrimony. v`7-0l o , it is ordered and decreed that plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") None. By the Court, Attest: J. Prothonotary %Lit'L -46 )9?? S).