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HomeMy WebLinkAbout08-6977I I KEVIN M. BRUNNER, Plaintiff V. TIFFANY L. BRUNNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: ??'?j 77 L 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 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 St. Carlisle, PA 17013 (717) 249-3166 OR (800) 990-9108 1 h KEVIN M. BRUNNER, Plaintiff V. TIFFANY L. BRUNNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA NO: CIVIL ACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Kevin M. Brunner, who currently resides at 439 N. East Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Tiffany L. Brunner, who currently resides at 439 N. East Street, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 25, 2005. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c), and §3301(d) in that: The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in such counseling. 8. Plaintiff does not request counseling, pursuant to §§3301(c) and 3301(d) of the Divorce Code. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. Date: I ?-').l - o ? Respectfully submitted, Andre H. Shaw, Esquire 200 S. Spring Garden Street Suite 11 Carlisle, PA 17013 (717) 243-7135 (717)243-7872 facsimile Attorney for Plaintiff VERIFICATION I, Kevin A Brunner, verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. Cons. Stat. § 4904 relating to unsworn falsification to authorities. Date: A Kevin A Brunner (?i)) r ?-? "Tl -T" I "IN V KEVIN M. BRUNNER, Plaintiff V. TIFFANY L. BRUNNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-6977 CIVIL ACTION - LAW IN DIVORCE PROOF OF SERVICE I, Andrew H. Shaw, Counsel for the Plaintiff, Kevin M. Brunner, hereby certify that a true and correct copy of the Divorce Complaint in the above captioned case was served upon Defendant via First Class Mail on December 6, 2008. A copy of the Acceptance of Service is attached. Date: Q a Andrew H. Shaw, quire PA Sup. Ct. ID Num. 87371 200 S. Spring Garden St., Suite 11 Carlisle, PA 17013 717-243-7135 Counsel for Plaintiff KEVIN M. BRUNNER, Plaintiff V. 'T'IFFANY L. BRUNNER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-6977 CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE 1, Tiffany L. Brunner, hereby accept service of the Divorce Complaint. Date. aow. CERTIFICATE OF SERVICE I, Andrew H. Shaw, Esquire, do hereby certify that a true and correct copy of the following document, Proof of Service, was served this date on the below named, by placing same in the United States mail, first-class, postage prepaid thereon, addressed as follows: Tiffany L. Brunner 439 N. East Street Carlisle, PA 17013 Date: /,2- 2 V ew H. Shaw, Esquire Sup. Ct. I.D. No. 87371 200 S. Spring Garden Street Carlisle, PA 17013 (717) 243-7135 (phone) (717) 243-7872 (facsimile) Attorney for Plaintiff IN THE COURT OF COMMON PLEAS-69 BRUNNER KEVIN M , . Plaintiff OF CUMBERLAND COUNTY, PENN All* VS NO. 08-6977 CIVIL N ca S9 o TIFFANY L. BRUNNER, CIVIL ACTION - LAW =? Defendant IN DIVORCE 54= NOTICE "" If you wish to deny any of the statements set forth in this Affidavit, you must file a Counteraffidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DOMESTIC RELATIONS CODE The parties to this action separated on November 17, 2008, and have continued to live separate and apart for a period of at least two years. 1. The marriage is irretrievably broken. 2. 1 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 the affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa.C.S.§4909 relating to unsworn falsification to authorities. Date Plaintiff KEVIN M. BRUNNER, Plaintiff VS TIFFANY L. BRUNNER, Defendant IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6977 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the n ? foregoing Affidavit under §3301(d) of the Domestic Relations Code was seru?y f t .: ?j = class mail to the following: Z? ? r ? 'ate ?n rn zi oc? Tiffany L. Brunner ''QC) =° 502 Highland Court z ;° jj Carlisle, PA 17013 , co °M ra ? By: Date: f?Z _ Gr Plaintiff KEVIN M. BRUNNER, Plaintiff VS TIFFANY L. BRUNNER, Defendant IN THE COURT OF COMMON PLEAS OF OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-6977 CIVIL CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date, a true and correct copy of the foregoing Notice of Intention to Request Entry of Divorce Decree and CounterAffidavit was served by first class mail to the following: C= Tiffany L. Brunner zo 502 Highland Court F.;- Carlisle, PA 17013 ?-< CD a• --i tv By. Date: Kai6tff- • Complete items 1, 2, and 3. Also complete A. item 4 If Restricted Delivery Is desired. X t ¦ Print your name and address on the reverse Addressee so that we can return the card to you. B. Received by (Printed ) C. t of Delivery ¦ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address different from kem 11 Yes 1. a3icJa Ad r`wed to: If YES, enter delivery address below: 13 No ,.??? ?c ?runn,er 5? od (off n v `3 3. Service Type 1 1 I jd Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insu ad Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7011 0470 DDDD 4306 9484 (Transfer Anon service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 x r*i- r- -urn o° 4° s,? -tz on ?P KEVIN M. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. TIFFANY L. BRUNNER, Defendant CIVIL ACTION - LAW NO. 08-6977 CIVIL TERM IN DIVORCE WAIVER OF INTENTION TO REQUEST C ENTRY OF A DIVORCE DECREE UNDER -0X --t §3301(C) OF THE DIVORCE CODE rnm zrn _ x-n MF z? 1. I consent to the entry of a final Decree of Divorce without notice. -<3> CA -.om C:1 t:7 a ? -r7 2. I understand that I may lose rights concerning alimony, division of prolie>&, z z a? ° lawyer's fees or expenses if I do not claim them before a divorce is granted. ov ;:0 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 THE FOREGOING 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 KEV M. BRUNNER KEVIN M. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 08-6977 CIVIL TIFFANY L. BRUNNER, : CIVIL ACTION - LAW Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD c To the Prothonotary: z? - ma c -0 e -< > ! Cn m o Q Transmit the record, together with the following information, to the court r for o ; a ?-2n divorce decree: zp , ?? 1. Ground for divorce: i;c-- co Irretrievable breakdown under § (3301(c)) and -i N § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: April 29, 2011, by certified mail 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: April 28, 2011 (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: April 29, 2011 4. Related claims pending: None 5. 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: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: May 25, 2011 Date defendant's Waiver of Notice was filed with the Prothonotary: Pro aintiff KEVIN M. BRUNNER, IN THE COURT OF COMMON PLEAS OF ,-y Plaintiff OF CUMBERLAND COUNTY, PENNSYLV&P VS NO. 08-6977 CIVIL ;Aim TIFFANY L. BRUNNER, CIVIL ACTION - LAW :z a' °C, Defendant IN DIVORCE c? C-5 , , ?C PRAECIPE TO TRANSMIT RECORD ` r3C 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 under418V'(sWand § (3301(d)(1)) of the Divorce Code. (Strike out inapplicable section.) 2. Date and manner of service of the complaint: April 29, 2011, by certified mail 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff ; by defendant (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: April 28, 2011 (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: April 29, 2011 4. Related claims pending: None 5. 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: Monday, June 6, 2011, by first class mail (b) Date plaintiffs Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: Pro Se Plaintiff lk? KEVIN M. BRUNNER, IN THE COURT OF COMMON PLEAS OF Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA VS : NO. 08-6977 CIVIL TIFFANY L. BRUNNER, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE OF INTENT TO FILE PRAECIPE TO TRANSMIT You are hereby given notice that ten days following the mailing of this notice, a Praecipe to Transmit Record, together with a proposed Final Decree in Divorce, will be filed in this matter. Exact copies of the Praecipe and the proposed Final Decree are enclosed herewith. If you dispute any of the information on the Praecipe or the proposed Final Decree, you must act within this ten-day period. Any objections must be filed in writing. If objections are not filed before the expiration of the ten-day period, this case will be submitted to the Court for entry of the Final Decree. Date: -- Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KEVIN M. BRUNNER V. TIFFANY L. BRUNNER : NO. 08-6977 DIVORCE DECREE AND NOW, ?c..? z / Zo it is ordered and decreed that KEVIN M. BRUNNER , plaintiff, and TIFFANY L. BRUNNER bonds of matrimony. 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, Cetl do e? Ivdl ?e al -/v