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HomeMy WebLinkAbout04-1365SUSAN J, BRUBAKER Plaintiff TERRY W. BRUBAKER, SR. Defendant : 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 4_ 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 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 in'etrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Emporium, 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 TWO LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 SUSAN J. BRUBAKER Plaintiff TERRY W. BRUBAKER, SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 330h'C} OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plalntift; Susan J. Brubaker, by her attorneys, Knupp, Kodak & Imblum, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth: 1. Plaintiffis Susan J. Brubaker, an adult individual who currently resides at 30 Miller Street, Lemoyne, Cumberland County, Pennsylvania, and has been a life~long resident of Pem~sylvania. 2. Defendant is Terry W. Brubaker, Sr., an adult individual who currently resides at 220 Reno Street, New Cumberland, Cumberland County, Pennsylvania, and has since 1987. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiffand Defendant were married on May 23, 1987, in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 6, The marriage is irretrievably broken. 7. Plaimiffhas been advised that counseling is available and that plaimiffmay have the right to request that the court require the parties to participate in counseling. 8. Plaintiffrequests the Court to enter a Decree of Divorce. Respectfully submitted, KNUPP, K~ IMBLUM, P.C. Robert D. Kodak 407 North Front Street Post Office Box 11848 Harrisburg, PA 17108-1848 (717) 238-7151 Attorney I.D. No. 18041 Attorneys for Plaintiff VERIFICATION I, Susan J. Brubaker, verify that the facts set forth in the foregoing Amended Complaint are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to tmsworn falsification to authorities. SUSAN J. BRUBAKER Plaintiff TERRY W. BRUBAKER, SR. Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1365 CIVIL : 1N DIVORCE PRAECIPE TO THE PROTHONOTARY: Please file the attached Certificate of Service along with original postal Return Receipt Card to the above term and number. TO Cumberland County Prothonotary Dated: April 8, 2004 Robert D. Kodak Attorney I.D. No. 18041 Attorney for Plaintiff SUSAN J. BRUBAKER Plaintiff TERRY W. BRUBAKER, SR. Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1365 CIVIL : IN DIVORCE CERTIFICATE OF SERVICE I, ROBERT D. KODAK, ESQUIRE, hereby certify that on April 5, 2004, I served a true and correct copy of the Complaint Under Section 3301 (c) or 3301 (d) of the divorce Code in the above-captioned matter upon the below listed individual by first class certified mail, restricted delivery, re:Ium receipt requested, as evidenced by the attached original U.S. Postal Service Certified Mail Receipt and signed,, original Remm Receipt Card. Dated: April 8, 2004 £622 EO~E2. 2000 0%0 2002. Robert D. Kodak Attorney for Plaintiff Attorney I.D. No. 18041 SUSAN J. BRUBAKER Plaintiff TERRY W. BRUBAKER, SR. Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1365 CIVIL CIVIL DIVISION - LAW IN DIVORCE _AFFIDAVIT O17 CONSEN~I~ A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on April 2, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. ! consent to the entry of a final decree in 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. Dated:_ Terry ~. Brubak~er, Sr~. '~'-- "-~7 Defendant SUSAN J. BRUBAKER Plaintiff TERRY W. BRUBAKER, SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1365 CIVIL CIVIL DIVISION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301{c} OF ]['HE DIVORCE CODE ! consent to the entry of a final decree in 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 tmtil 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. Terry ~. BrUbaker, ~r~ :- ! Defendant SUSAN $. BRUBAKER Plaintiff TERRY W. BRUBAKER, SR. Defendant : IN THE COURT OF COMMON PLEAS CUMBERLANT) COUNTY, PENNSYLVANIA NO. 04-I365 CIVIL CIVIL DIVISION - LAW IN DIVORCE AFFIDAVIT O~ CONSENT A Complaint in Divorce under Sect/on 3301 (c) of the Divorce Code was filed on April 2, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complail~t. of the decree. I consent to the entry of a final decree in divorce after service of notice of intention to request entry I verify that the statements made in this affidavit are true and correct. I under~tand that false statements herein are made subject to the penalties of 1 g Pa. C.S. §4904 relating to unswom falsification to authorities. / Susan J. Btllbaker Plaintiff AU~ 06 '04 09:lOAM KMUPP ~ KODAK PC SUSAN 3. BRUBAKER Plaintiff TERRY W, BRUBAKER, SR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1365 CIVIL CIVIL DIVISION - LAW : IN DIVORCE WAIVER OF NOTICE OF;/NTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree in divorce without notice. 2. I understand that I may lose righti concerning alimony, division of property, lawyer's fees or ~xpenses !f I do not claim them before a divorce is;' granted. 3. I understand that I will not be divorqed until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after ~t is filed with the Prothonotary. I verify that thc statements made ~n th/s affidavit are true and correct. I un&,rsta.nd that false statements herein are made subject to thc penaliies of Ii Pa, C.S. §4904 relating to unswom falsification to authorities. Dated: Plaintiff SUSAN J. BRUBAKER Plaintiff TERRy W. BRUBAKER, SR. Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-1365 CIVIL CIVIL DIVISION - LAW IN DIVORCE ?RAECIPE 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) or 3301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: By Certified Mail, Return Receipt Requested, Restricted Delivery. Proof of Service filed with the Prothonotary on April 13, 2004. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: August 6, 2004, and filed simultaneously herewith; and by Defendant: August 4, 2004 and flied August 9, 2004 with Office of the Prothonotary. 4. Related claims pending: none. 5. Date Plaintiff's Waiver of Notice of Intention to Request Entry of a Divorce Decree Under 3301(c) of the Divorce Code was filed with the Prothonotary: Simultaneously herewith IN THE COURT OF SUSAN J. PLAII~TIFF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. PLEAS VERSUS NO. _~04-1365 CI~L DECREE IN DIVORCE AND NOW,~ 200~, IT IS ORDERED AND DECREED THAT__ AND ~'l~m~y W. ~.{, S~.. ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHIICH A FINAL ORDER HAS NOT YET BEEN ENTERED;