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HomeMy WebLinkAbout09-0633r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR. , Plaintiff CIVIL ACTION -LAW VS. JESSICA ELAINE BREHM, Defendant NO. 09- 1-33 CIVIL TERM 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 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, First Floor, 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, 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 South Bedford Street Carlisle, PA 17013-3302 Telephone number: (717) 249-3166 Toll Free (in PA) 1-800-990-9108 r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., Plaintiff VS. JESSICA ELAINE BREHM, Defendant CIVIL ACTION -LAW NO. 09 - (-,3-3 CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c OR 3301(d) OF THE PENNSYLVANIA DIVORCE CODE 1. Plaintiff is Gary Leroy Brehm, Jr., who currently resides at 153 Rustic Drive, Shippensburg, Southampton Township, Cumberland County, Pennsylvania 17257, since April 2007. 2. Defendant is Jessica Elaine Brehm, who currently resides at 139 Third Street, Hanover, York County, Pennsylvania 17331, since August 15, 2007. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 16, 2005 at Walnut Bottom, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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 counseling. 8. Plaintiff requests the court to enter a decree of divorce. r' I 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.C.S. § 4904, relating to unsworn falsification to authorities. Date: February 6, 2009 J , Gary Leroy Brehm, Jr., Plaintiff David Patrick Perkins, Esquire Attorney for Plaintiff Attorney ID. No. 34342 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 532-9537 w ca p ' - ?o ri ?? F T? f r Py'! r7l IN) % IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 633 CIVIL TERM JESSICA ELAINE BREHM, Defendant IN DIVORCE PROOF OF SERVICE I certify that on February 6, 2009 I served a true and attested copy of the Complaint in Divorce and Notice to Defend and Claim Rights upon the Defendant in the above captioned matter by depositing the same in the United States Postal Service, certified mail, restricted delivery, addressed as follows: Jessica E. Brehm 139 Third St Hanover, PA 17331 USPS Domestic Return Receipt evidencing delivery on February 10, 2009 is attached hereto. I verify that the statements made in this Proof of Service 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: February 12, 2009 David P. Perkins, Esquire Attorney for Plaintiff i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 633 CIVIL TERM JESSICA ELAINE BREHM, Defendant IN DIVORCE PROOF OF SERVICE ATTACHMENTS ¦ comp.b. ftw 1, 2, and 3. Also oompiete Item 4 K Rob 1c,led Dellmy h don, a , I ¦ Pdnt your rums and address on the mverse so that we osn return the crud to you. M Attach #* card to the beck or the ffW" cue, j or on the front If opwo permits. Artlde Addleseed to: i Artlde Number rn?r?ar rrnr?, rear? PS FOmI W1 1, February 2004 0 E3 er B -, by (h i ?. gym.De!very D. IsdeYuwyadtirN ant t? ?? H YES, alter deNwry 9. lype lwtMNd IlArdl a Expr m mw ? pleam ted a Ream 118c, 00 ror mm?aleo ? mound im 0 CAA. 1 14. Restricted De1wr0 extra Fee) 7008 2810 0002 2911 4469 _ $,0.59 00 C cr Postage $ q RI Certified Fee $2.70 nj coo .?lostmyQerk - C3 Return Receipt Fee $2.20 ? rn r3 (Endorsement Required) C] Restrk?ed Delivery Fee. O (Endorsement Required) ro W Total Postage & Fees $ $9.79 ru Fn J v-SS 1 C'A v. r, (aQ?vx fn ._.._.._- --- ------ - N 6iz 13 - 0 fYo :; l 9 - . z?w 4 - ? 33 > rv we, n rri ,,? l zi-l 1 W4k IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., Plaintiff VS. JESSICA ELAINE BREHM, Defendant CIVIL ACTION -LAW NO. 09 -(03 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE COMPLAINT IN DIVORCE I, JESSICA ELAINE BREHM, hereby accept service of the Complaint in Divorce containing Notice to Defend and Claim Rights filed in the above-captioned matter. Date: February Ak ,2009 ELAINE BREHM Address: 139 Third Street Hanover, PA 17331 C-Z a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 633 CIVIL TERM JESSICA ELAINE BREHM, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE PENNSYLVANIA DIVORCE CODE 1. The parties to this action separated on February 8, 2007 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. § 4904, relating to unsworn falsification to authorities. A ,.1 Date: February 11, 2009 Gary Leroy Brehm, Jr., Plaintiff C'? C. ? -? r1 n-?F• ? ? ? ?? "?J ? ? t ? - a .1 ? i ? ? } ? _. f... `? __j ?_?.,? ?. .-.,1 ? ? "„?? "'? E IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 633 CIVIL TERM JESSICA ELAINE BREHM, Defendant IN DIVORCE PROOF OF SERVICE I certify that on February 17, 2009 I served a true and attested copy of the Plaintiff's Affidavit required by Section 3301(d) of the Divorce Code together with Defendant's Counter-affidavit upon the Defendant in the above captioned matter by depositing the same in the United States Postal Service, certified mail, restricted delivery, addressed as follows: Jessica Elaine Brehm 139 Third St Hanover, PA 17331 USPS Domestic Return Receipt evidencing delivery on February 20, 2009 is attached hereto. I verify that the statements made in this Proof of Service 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: March 3, 2009 David P. Perkins, Esquire Attorney for Plaintiff f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 633 CIVIL TERM JESSICA ELAINE BREHM, Defendant IN DIVORCE PROOF OF SERVICE ATTACHMENT ???: ? ? ?.-. ? ?:_ ? ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., Plaintiff VS. JESSICA ELAINE BREHM, Defendant CIVIL ACTION -LAW NO. 09 - 633 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE OF PLAINTIFF'S AFFIDAVIT AND COUNTERAFFIDAVIT I, JESSICA ELAINE BREHM, hereby accept service of the Plaintiffs Affidavit Under Section 3301(d) of the Divorce Code and a copy of the Counteraffidavit Under Section 3301(d) of the Divorce Code. -0 Date: February ,2009 tSSICA ELAINE BREHM Address: 139 Third Street Hanover, PA 17331 7# ??' `a -, ??' ? a, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., Plaintiff VS. JESSICA ELAINE BREHM, Defendant CIVIL ACTION -LAW NO. 09 - 633 CIVIL TERM IN DIVORCE COUNTER- AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): -4 (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. (2) Check either (a) or (b): (a) I do not wish to make any claims for economic relief. 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. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counteraffidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 re lating to unworn falsification to authorities. Date: Jessica Elaine Brehm, Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTERAFFIDAVIT. `> cs ?` ?,,' ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 633 CIVIL TERM JESSICA ELAINE BREHM, Defendant IN DIVORCE DEFENDANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE PENNSYLVANIA DIVORCE CODE 1. The parties to this action separated on February 8, 2007 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. § 4904, relating to unworn falsification to authorities. A Date: -6 , 2009 JEssica Elaine Brehm, Defendant e C4 cr+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 633 CIVIL TERM JESSICA ELAINE BREHM, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(d) 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. § 4904 relating to unsworn falsification to authorities. Date: /Ot? a? ca Elaine Brehm, Defendant = ? , c,y ,? ? ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 633 CIVIL TERM JESSICA ELAINE BREHM, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(d) 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. 5 4904 relating to unsworn falsification to authorities. S Date:0 o Gary Leroy Brehm, Jr., Plai y. w ?= ? -A IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GARY LEROY BREHM, JR., CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 533 CIVIL TERM JESSICA ELAINE BREHM, Defendant 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 §3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: February 10, 2009-certified mail, February 10, 2009 ; acceptance of service: February 10, 2009. 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 on ; by Defendant on (b)(1) Date of execution of the Plaintiff's's affidavit required by §3901(d) of the Divorce Code: February 11, 2009. Date of execution of Defendant's affidavit: February 20, 2009. (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: Filed: February 17, 2009 Served: February 20, 2009 by certified mail, acceptance of service: February 20, 2009. 4. Related claims pending: NONE. Plaintiff's Counter-affidavit under Section 3301(d) of the Divorce Code: Dated: February 20, 2009. Filed: March 3, 2003. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe a copy of which is attached: Not applicable. (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: March 3, 2009. Date Defendant's Waiver of Notice was filed with the Prothonotary: March 3, 2009. S J d. ?Jy/W -J David P. Perkins, Esquire Attorney for Plaintiff 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 658-6531 ?? t ?. ?„? .?- .??°3 ?. ? ?? "' N IN THE COURT OF COMMON PLEAS OF GARY LEROY BREHM, JR. :CUMBERLAND COUNTY, PENNSYLVANIA V. JESSICA ELAINE BREHM DIVORCE DECREE AND NOW, lr? 10 , An -, it is ordered and decreed that GARY LEROY BREHM, JR JESSICA ELAINE BREHM bonds of matrimony. NO. 09-633 CIVIL TERM 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. rothonotary ?y ?? ? ??.,-wy ?9d ? ... ?. l?• l!-r?