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HomeMy WebLinkAbout09-7528 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT , CIVIL ACTION -LAW Plaintiff VS. NO. 09- ??Zg CIVIL TERM TARA E. BLUSTE-HAUBERT, : Defendant 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 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, Plaintiff CIVIL ACTION -LAW VS. TARA E. BLUSTE-HAUBERT, Defendant NO. 09 - 25-.2? CIVIL TERM IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE PENNSYLVANIA DIVORCE CODE Plaintiff is Wayne A. Haubert, who currently resides at 328 East Orange Street, Shippensburg, Cumberland County, Pennsylvania 17257, since November 2006. 2. Defendant is Tara E. Bluste-Haubert, who currently resides at 1600 Briarwood Drive, Latrobe, Westmoreland County, Pennsylvania 15650, since June 1, 2009. 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 31, 1997 at 495 Roxbury Road, Newville, Cumberland County, Pennsylvania. 5. The parties to this action separated on December 12, 2004 and have continued to live separate and apart for a period of at least two years. 6. A divorce action was filed by the plaintiff on February 11, 2005 at case no. 2005-433 in the Court of Common Pleas of Potter County, Pennsylvania. That divorce action was terminated by order of court dated January 15, 2008, due to inactivity. There have been no other prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. 9. Plaintiff requests the court to enter a decree of divorce. 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: October 30, 2009 ` Wayne A. Haubert, Plaintiff David Patrick Perkins, Esquire Attorney for Plaintiff Attorney ID. No. 34342 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 532-9537 FlL? 071? OF TH 2009 OCT 30 4M10:24 .?.s7s'sa A* 0-23;;`7? G IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, Plaintiff VS. CIVIL ACTION -LAW NO. 09 -`],0;?CIVIL TERM TARA E. BLUSTE-HAUBERT, Defendant IN DIVORCE PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE PENNSYLVANIA DIVORCE CODE The parties to this action separated on December 12, 2004 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. Date: October 30, 2009 Wayne A. Haubert, Plaintiff FLED-,-;, :FiwE OF THE P"OT?1104,o "ARY 2009 OCT 30 AM 10: 27 'AN IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, CIVIL ACTION -LAW Plaintiff VS. NO. 09 - 7528 CIVIL TERM TARA E. BLUSTE-HAUBERT, Defendant IN DIVORCE PROOF OF SERVICE I certify that on October 30, 2009 I served a true and attested copy of the Complaint in Divorce and Notice to Defend and Claim Rights, and a true and attested copy of Plaintiff's Affidavit under Section 3301(d) of the Pennsylvania Divorce Code, 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: Tara E. Bluste-Haubert 1600 Briarwood Drive Latrobe, PA 15650 USPS Domestic Return Receipt evidencing delivery on November 5, 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. 7008 0500 0001 4449 a„ 091 m 93 3 x Date: November 20, 2009 David P. Perkins, Esquire Attorney for Plaintiff FILED-DFFIC:E OF THE FRO111-40-NOTARY 2009 NOV 20 F 3* 0 3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, Plaintiff • CIVIL ACTION -LAW VS. TARA E. BLUSTE-HAUBERT, Defendant NO. 09 =7s CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE COMPLAINT IN DIVORCE I, TARA E. BLUSTE-HAUBERT, hereby accept service of the Complaint in Divorce containing Notice to Defend and Claim Rights filed in the above-captioned matter. Date: CD 2009 -xa d2_dC& TARA E. BLUSTE-HAUBERT Address: 1600 Briarwood Drive Latrobe, PA 15650 RLE&-[JF' GE OF THE "OTHO'NOTARY 2009 NOV 20 PM 3: 04 INTY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, Plaintiff VS. TARA E. BLUSTE-HAUBERT, Defendant CIVIL ACTION -LAW -y 5 a-3 NO. 09 - CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE OF PLAINTIFF'S AFFIDAVIT AND COUNTERAFFIDAVIT I, TARA E. BLUSTE-HAUBERT, hereby accept service of the Plaintiff's Affidavit Under Section 3301(d) of the Divorce Code and a copy of the Counteraffidavit Under Section 3301(d) of the Divorce Code. Date: 41k ,2009 TARA E. BLUSTE-HAUBERT Address: 1600 Briarwood Drive Latrobe, PA 15650 FlLD-OFF-40; OF THE PR?THONIOTIARY 2009 NOY 20 Phi 3: 04 F'ENNS`l L ANI{fy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, Plaintiff VS. TARA E. BLUSTE-HAUBERT, Defendant CIVIL ACTION -LAW NO. 09 - 7528 CIVIL TERM IN DIVORCE COUNTER- AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): X (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 relating to unsworn falsification to authorities. Date: I? Tara E. Bluste-Haubert, 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 rll I FD-1:rri+ 1C't 2009 NOV 20 Pi 3.04 PVa dP ISYLVA` i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, Plaintiff CIVIL ACTION -LAW VS. TARA E. BLUSTE-HAUBERT, Defendant NO. 09 - 7528 CIVIL TERM IN DIVORCE DEFEN'DANT'S AFFIDAVIT UNDER SECTION 3301(d) OF THE PENNSYLVANIA DIVORCE CODE 1. The parties to this action separated on December 12, 2004 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. Date: O/ , Tara E. Bluste-Haubert, Defendant Mailing address: P.O. Box 179 Whitney, PA 15693 FI ED-O,+CE T THE P` ," "r ',,IOTARY 2009 NOV 20 PIN 3: 04 GUML," _ ,-; t JJN ! PENIl"I'S x't,V INA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, Plaintiff CIVIL ACTION -LAW VS. TARA E. BLUSTE-HAUBERT, Defendant NO. 09 - 7528 IN DIVORCE CIVIL TERM 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: // 0 0 9 !'? Wayne A. Haubert, Plaintiff FILED-40FFICE 2009 NOY 20 P 3* 04 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, Plaintiff CIVIL ACTION -LAW VS. TARA E. BLUSTE-HAUBERT, Defendant NO. 09 - 7528 IN DIVORCE CIVIL TERM 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: f' //Zo Id 9 IdA - Tara E. Bluste-Haubert, Defendant Mailing address: P. 0. Box 179 Whitney, PA 15693 OF THTE PP,0i F DN-0TARY 2009 NOV 20 Pii 3: 0 PL INIINSVL?1ANY,. A i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WAYNE A. HAUBERT, CIVIL ACTION -LAW Plaintiff . VS. NO. 09 - 7528 CIVIL TERM TARA E. BLUSTE-HAUBERT, . 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: October 30, 2009-certified mail, November 5, 2009 ; acceptance of service: November 6, 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 affidavit required by §3301(d) of the Divorce Code: October 30, 2009. Date of execution of Defendant's affidavit: November 16, 2009. (2) Date of filing and service of the Plaintiff's affidavit upon the respondent: Filed: October 30, 2009 Served: October 30, 2009 by certified mail - November 5, 2009; acceptance of service: November 6, 2009. 4. Related claims pending: NONE. Defendant's Counter-affidavit under Section 3301(d) of the Divorce Code: Dated: November 16, 2009. Filed: November 20, 2009. 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 Plaintiffs Waiver of Notice was filed with the Prothonotary: November 20, 2009. Date Defendant's Waiver of Notice was filed with the Prothonotary: November 20, 2009. Q ) Goa David P. Perkins, Esquire Attorney for Plaintiff 4 James Circle Shippensburg, PA 17257-2165 Telephone: (717) 658-6531 FfLEC?-? ?=FGA OF THE P TH(-\;()TARY 2009 NOV 20 Fill 0: 05 ':1'NTY rF NSYLVAINV