HomeMy WebLinkAbout07-5615TRACY COMEAUX,
vs.
: IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT COMEAUX,
Defendant
: CIVIL ACTION
NO. O?'- rej o .
IN DIVORCE
NOTICE TO DEFEND
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 marriage counseling. A list of marriage counselors is available in the Office of the
Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-
3387.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL
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.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square, a Floor
Carlisle, PA 17013-3387
(717) 240-6200
NOTICIA
Le han demandado a usted en la corte. Si usted quiere defenderse de estats demandas
expuestas en las paginas siquientes, usted tiene, veinte (20) dies de plazo al partir de lag `fecha de las
demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o
Page 1 of 2
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por abogado y archival en la corte en forma escrita sus defensas o sus objecciones a las demandas en
contra de su persona. Sea avisado que si usted no se defiende, la corte tomara
medidas y puede entrar una 6rden contra usted sin previo aviso o notificacion y por cualquier queja o
alivio que es pedido en la peticion de demanda. usted puede perder dinero o sus propiedades o otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE
ABOGADO O ST NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA
ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA
LEGAL.
Court Administrator
Cumberland County Courthouse
1 Courthouse Square, 4" Floor
Carlisle, PA 17013-3387
(717) 240-6200
U
Michael D. Rentschler, Esquire
Attorney for Plaintiff
Page 2 of 2
TRACY COMEAUX,
Plaintiff
VS.
ROBERT COMEAUX,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
NO.
IN DIVORCE
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above-captioned action in divorce. By virtue of Section 202
of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability
of counseling and upon request of either provide both parties a list of qualified professionals who
provide such services.
Accordingly, if you desire counseling, please advise in writing promptly by replying to:
Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA
17013-3387.
Prothonotary
i
y.
TRACY COMF.AUX,
Plaintiff
VS.
ROBERT COMEAUX,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
. NO.
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff is TRACY COMEAUX, an adult individual who currently resides at 533 Fairway
Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is ROBERT COMEAUX an adult individual who currently resides at 306
Weldon Park Drive, Mandeville, LA 70471.
3. Plaintiff and Defendant are sui *s and Plaintiff has been a bonafide resident of the
Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this
Complaint.
4. The parties are husband and wife and were lawfully married on May 15, 1998 in North
Carolina.
5. The marriage is irretrievably broken.
6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or
its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940
and its amendments.
7. There has been no prior action for divorce or annulment instituted by either of the parties
in this or any other jurisdiction, with regard to this marriage.
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8. The Plaintiff has been advised of the availability of counseling and of the right to request
that the Court require the parties to participate in counseling.
COUNTI
Request for Divorce Due to Irretrievable Breakdown
Under 3301(c) of the Divorce Code
9. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
10. The marriage of the parties is irretrievably broken.
11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff
intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file
such an affidavit.
12. Plaintiff has been advised of the availability of counseling and that Plaintiff and
Defendant have the right to request the Court to require the parties to participate in such counseling.
WHEREFORE, ifboth parties file affidavits to a divorce after ninety (90) days have elapsed
from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 3301(c) of the Divorce Code.
COUNT II
Request for Divorce Due to Irretrievable Breakdown
Under 3301(d) of the Divorce Code
13. The prior paragraphs of this Complaint are incorporated herein by reference thereto.
14. The marriage of the parties is irretrievably broken.
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15. The parties have lived separate and apart since March, 2006. After two (2) years have
elapsed from the date of final separation, Plaintiff intends to file her affidavit of having lived
separate and apart, provided a divorce decree has not already been granted pursuant to Section 3301 C
of the Divorce Code.
16. Plaintiff has been advised of the availability of counseling and that Plaintiff and
Defendant have the right to request the Court to require the parties to participate in such counseling.
WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant
to Section 3301(d) of the Divorce Code.
COUNT III
Custody
IT The allegations contained in Paragraphs 1-16 are incorporated herein by reference
thereto.
18. Plaintiff and Defendant are the natural parents of one child; namely, Jacob Riley
Comeaux, who was born on May 15, 2003 (hereinafter referred to as "Child').
19. Plaintiff and Defendant are married to each other, although currently separated.
20. Since the Child's birth, the parties have lived with the following persons at the
following addresses at the following times:
a. From birth until March 2006, Child resided with Plaintiff, Defendant, and Plaintiffs
daughter, at 311 Woodland View Court, Harrisburg, PA.
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b. From March 2006 until present, Child has resided with Plaintiff and Plaintiff s
daughter, at 533 Fairway Drive, Camp Hill, PA.
21. The father of the Child is currently residing at 306 Weldon Park Drive, Mandeville, LA
70471. He is married to Plaintiff.
22. The Mother of the Child is currently residing at 533 Fairway Drive, Camp Hill, PA. She
is married to Defendant.
23. The relationship of Plaintiff to the Child is that of Mother. Plaintiff currently resides
with the following persons: The Child, Plaintiff s daughter, and a friend of Plaintiff.
24. The relationship of Defendant to the Child is that of Father. Defendant currently resides
with his father.
25. Plaintiff has not participated as a party or a witness, or in any other capacity in other
litigation concerning the custody of the Child in this or any other Court.
26. Plaintiff has no information of a custody proceeding concerning the Child pending in a
Court of the Commonwealth or any other state.
27. Plaintiff does not know of a person not a party to the proceedings that have physical
custody of the Child or claims to have custody or visitation rights with respect to the Child.
28. The best interest and permanent welfare of the Child will be served by granting the
relief requested. Plaintiff seeks shared legal custody and primary physical custody of the minor
Child.
29. The Court of Common Pleas of Cumberland County has jurisdiction in this case since
the Child has resided in Cumberland County, PA for the statutorily prescribed length of time.
30. Each parent whose parental rights to the Child have not been terminated and the person
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who has physical custody of the Child have been named as parties to this action.
WHEREFORE, Plaintiff requests the Court to grant her shared legal custody and
majority physical custody of the Child.
Respectfully submitted,
LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C.
i
Michael D. Rentschler, Esquire
Attorney for Plaintiff
Supreme Court I.D. #45836
28 North 32nd Street
Camp Hill, PA 17011
(717) 975-9129
5
VERIFICATION
I, Michael D. Rentschler, Esquire, do hereby swear and affirm that the statements contained in
the foregoing document are true and correct based upon representations made to me by my client,
the Plaintiff herein. I further certify that I am authorized to sign this verification. I understand
that any false statement may be prosecuted under Pa CSA Section 4904 which relates to unworn
falsification to authorities.
Date:
MICHAEL D. RENTS R, ESQ.
z; i
CERTIFICATE QF SERVICE
I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a
copy of the foregoing Complaint in Divorce by Certified Mail, restricted delivery, return receipt
requested to the following:
Robert Comeaux
306 Weldon Park Drive
Mandeville, LA 70471
Dater 6 7
MICHAEL D. RENTSCHLER, ESQUIRE
Attorney for Plaintiff
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TRACY COMEAUX IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
ROBERT COMEAUX
DEFENDANT
2007-5615 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, October 02, 2007 , upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 23, 2007 at 10:30 AM
for a Pre-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 five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or pennanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abuse orders,
Special Relief orders, and Custodv orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /s/ Dawn S. Sunda Es q.
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
0 L 0 u^ Z
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OCT 2 52007
TRACY COMEAUX
Plaintiff
VS.
ROBERT COMEAUX
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07-5615 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
9
AND NOW, this 3 o day of 2007, upon
consideration of the attached Custody Conciliation Report, it is ordered and directed as follows:
1. The Father, Robert Comeaux and the Mother, Tracy Comeaux, shall have shared legal
custody of Jacob Riley Comeaux, born May 15, 2003. Major decisions concerning the Child
including, but not necessarily limited to, his health, welfare, education, religious training and
upbringing shall be made jointly by the parties after discussion and consultation with a view toward
obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the
other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the
affections of the Child from the other party. Each party shall notify the other of any activity or
circumstance concerning the Child that could reasonably be expected to be of concern to the other.
Day to day decisions shall be the responsibility of the parent then having physical custody. With
regard to any emergency decisions which must be made, the parent having physical custody of the
Child at the time of the emergency shall be permitted to make any immediate decisions necessitated
thereby. However, that parent shall inform the other of the emergency and consult with him or her as
soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and
full information from any doctor, dentist, teacher, professional or authority and to have copies of any
reports or information given to either party as a parent as authorized by statute.
2. The Mother shall have primary physical custody of the Child.
3. The Father shall have partial physical custody of the Child over holidays as provided in this
Order and for a minimum of two (2) weeks each summer upon providing at least thirty (30) days
advance notice to the Mother.
4. The parties shall alternate having custody of the Child over the Christmas and Thanksgiving
holidays each year, with the specific arrangements to be established by agreement between the parties.
The parties shall cooperate in establishing the dates and times for exchanges of custody as well as
determining whether the Father will exercise his period of custody in Louisiana or Pennsylvania.
5. The Father shall accompany the Child while traveling between Pennsylvania and Louisiana
for periods of custody and shall be responsible for obtaining the Child's airline tickets. The Mother
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agrees to cooperate with the Father in making arrangements by agreement for travel between the
Mother's residence and the airport.
6. The Father shall provide the Mother with contact information in advance for any individual,
other than a family member, who will be providing care for the Child during the Father's periods of
custody.
7. Neither party shall do or say anything which may estrange the Child from the other parent,
injure the opinion of the Child as to the other parent, or hamper the free and natural development of the
Child's love and respect for the other parent. Both parties shall ensure that third parties having contact
with the Child comply with this provision.
8. This Order is entered pursuant to an agreement of the parties at a custody conciliation
conference. The parties may modify the provisions of this Order by mutual consent. In the absence of
mutual consent, the terms of this Order shall control.
cc: ,Michael D. Rentschler, Esquire - Counsel for Mother
,t'obert Comeaux, Father
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BY THE COURT,
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0114
TRACY COMEAUX
Plaintiff
VS.
ROBERT COMEAUX
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
07-5615 CIVIL ACTION LAW
IN CUSTODY
CUSTODY CONCILIATION SUMMARY REPORT
IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL
PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report:
1. The pertinent information concerning the Child who is the subject of this litigation is as
follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Jacob Riley Comeaux May 15, 2003 Mother
2. A custody conciliation conference was held on October 23, 2007, with the following
individuals in attendance: the Mother, Tracy Comeaux, with her counsel, Michael D. Rentschler,
Esquire. The Father, Robert Comeaux, resides in Louisiana and participated in the conference by
telephone. The Father is not represented by counsel.
3. The parties agreed to entry of an Order in the form as attached.
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Date Dawn S. Sunday, Esquire
Custody Conciliator
TRACY COMEAUX,
VS.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT COMEAUX,
Defendant
: CIVIL ACTION
: NO. 07-5615 CIVIL TERM
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September
25, 2007 and was served upon the Defendant on October 6, 2007 by certified mail, restricted
delivery, return receipt requested.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the complaint and the date of service of the complaint on the
Defendant.
3. I consent to the entry of a final decree of divorce after service of a Notice of Intention
to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that the
Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and, being so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final. All
marital property, both real estate and personal property, and all marital debts have been resolved
by the parties.
I verify that the statements made in this Affidavit are true and correct and 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: IJ3 vo 6
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TRACY CO EAUX,
Plaintiff
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TRACY COMEAUX,
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
ROBERT COMEAUX,
Defendant
: CIVIL ACTION
: NO. 07-5615 CIVIL
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September
25, 2007 and was served upon the Defendant on October 6, 2007, by certified mail, restricted
delivery, return receipt requested.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing the complaint and the date of service of the complaint on the
Defendant.
3. I consent to the entry of a final decree of divorce after service of a Notice of Intention
to Request Entry of the Decree.
4. I have been advised of the availability of marriage counseling and understand that the
Court maintains a list of marriage counselors and that I may request the Court to require my
spouse and I to participate in counseling and, being so advised, do not request that the Court
require that my spouse and I participate in counseling prior to the divorce becoming final. All
marital property, both real estate and personal property, and all marital debts have been resolved
by the parties.
I verify that the statements made in this Affidavit are true and correct and I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to
unworn falsification to authorities.
Dated:
a?
R ERT COMEAUX,
Defendant
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PROOF OF SERVICE OF COMPLAINT
(return receipt dated October 6, 2007)
¦ Complete items 1, 2, and 3. Also complete
Item 4 N Restricted Delivery Is desired.
¦ Print your name and address on the reverse
so that we can return the card to you.
2 Attach this card to the back of the mailpie*-P
or on the front if space permits.
1. Article Addressed to:
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A. Si?at
AM"d B. _by (Printed Name)
D. Is delivery
if YES, address
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3. inice Type
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Grti W Mail O Express Mail
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2. Article Number
(rYansferhvmserWceraW 9E62 991.h 2000 0220 ZOOZ
PS Form 3811, February 2004 Domestic Retum Ftec:eipt 102 -Wi540
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TRACY COMEAUX,
Plaintiff
VS.
ROBERT COMEAUX,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07-5615 CIVIL
: 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
decreer
1. Ground for divorce: irretrievable breakdown under Section 3301C of the Divorce Code.
2. Date and manner of service of the complaint: October 6, 2007 by USPS Certified Mail,
Restricted Delivery.
3. Date of execution of the affidavit of consent and waiver required by Section 3301C of the
Divorce Code: by plaintiff on January 31, 2007; by defendant on January 22, 2007.
4. Related claims pending: None.
5. Date plaintiff's Waiver of Notice was filed with Prothonotary: February 1, 2008.
6. Date defendant's Waiver of Notice was filed with Prothonotary: February 1, 2008.
Respectfully submitted,
Michael D. Rentschler, Esquire
Supreme Court I.D. #45836
28 N. 32nd Street
Camp Hill, PA 17011
(717) 975-9129
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TRACY COMEAUX,
VS.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION
ROBERT COMEAUX,
Defendant
NO. 07-5615 CIVIL TERM
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(c) OF THE DIVORCE CODE
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 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.A. § 4904 relating to
unsworn falsification to authorities.
Date: z 1
TRACY C AUX,
Plaintiff 4 ,
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TRACY COMEAUX,
vs.
IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION
ROBERT COMEAUX,
Defendant
: NO. 07-5615 CIVIL
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION
3301(c) OF THE DIVORCE CODE
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 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.A. § 4904 relating to
unsworn falsification to authorities.
Date: /
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RO RT COMEAUX,
Defendant
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF PENNA.
No. 07-5615
VERSUS
DECREE IN
DIVORCE
AND NOW, rC?, S , 000, IT IS ORDERED AND
DECREED THAT TrarV romaalix , PLAINTIFF,
AND Robert ComeaUX 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
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