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HomeMy WebLinkAbout10-0377 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CHRISTOPHER J. BRUTKO PLAINTIFF, V. TONI L. BRUTKO DEFENDANT, ? Civil Action---Divorce ?z N o' `Q-377 F?Fz m Docket No. ..yam - TT rn NOTICE TO DEFEND AND C OF 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 my be entered against you by the Court. A judgment may also be entered against you for any property or other rights important to you, including custody or visitation of your children. 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 2 LIBERTY AVENUE Carlisle, Pennsylvania 17101 (717) 249-3166 L4s? I IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA CHRISTOPHER J. BRUTKO PLAINTIFF, Civil Action---Divorce Docket No. 16 J 37-7 1 V. TONI L. BRUTKO DEFENDANT, : COMPLAINT UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE PARTIES 1. Plaintiff Is Christopher J. Brutko, an adult individual, who currently resides at 9 West Butler Street, Mount Holly Springs, in the County of Cumberland, Commonwealth of Pennsylvania. 2. Defendant, is Toni L. Brutko, an adult individual, who currently resides at 1455 Equestrian Drive, Dover, in the County of York, Commonwealth of Pennsylvania. JURISDICTION & VENUE 3. Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of more than 6 months. 4. The parties were married on the 23`d day of December, of 2003, in the County of Cumberland, Commonwealth of Pennsylvania. 5. Neither the Plaintiff nor the Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce instituted by the plaintiff or defendant in this Commonwealth. COUNTI GROUNDS_ FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(D) OF THE DIVORCE CODE. 7. For the purposes of section 3301 (d) of the Divorce Code, the parties have been living separate since November of 2008. 8. The marriage is irretrievably broken. 9. Plaintiff has been advise that counseling is available and that the plaintiff may have the right to request that the court require the parties to participate in counseling. WHERFORE, plaintiff requests that the Honorable Court grant a decree of divorce pursuant to, and in conformity with 3301 (d) of the Divorce Code. 10. The Parties do have one (1) biological child born within the marriage. 11. The parties have not heretofore entered into any written agreement as to support, alimony, or property division. COUNTI GROUND FOR DIVORCE REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OF THE DIVORCE CODE 12. The prior paragraphs are incorporated herein by reference. WHEREFORE, provided the parties file affidavits consenting to a divorce after Ninety (90) days have elapsed for the date of the filing and service of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to section 3301(c) of the Divorce Code. ?Jristo her . Brutko, Plantiff Date AVAILABILITY OF COUSELING THE DIVORCE CODE OF PENNSYLVANIA REQUIRES THAT YOU BE NOTIFIED OF THE AVAILABILITY OF COUNSELING WHERE A DIVORCE IS SOUGHT UNDER ANY OF THE FOLLOWING GROUNDS: 23 Pa.C.S. & 3301(a) (6)-------Indignities 23 Pa.C.S. & 3301(c)------------Irretrievable Breakdown; Mutual Consent 23 Pa.C.S. & 3301(d)------------Irretrievable Breakdown; Two year separation where the court determines that there is a reasonable prospect of reconciliation. A list of marriage counselors is available in the Office of the Prothonotary Cumberland County Courthouse,1 Courthouse Square, Carlisle, Pennsylvania 17013. VERIFICATION I verify that upon personal knowledge or information and belief 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 unworn falsification to authorities. Christopher I rutko, Plaintiff Date: ?'l ?' Zyld CHRISTOPHER J. BRUTKO, Plaintiff, a V. I 1 TONI L. BRUTKO, Defendant. IN THE COURT OF COMMON PLE& GI F',- ",- -D CUMBERLAND COUNTY, PENNVANIA T'! t NO. 10 - 0377 CIVIL Tell _ .^? CIVIL ACTION - LAW IN DIVORCE/CUSTODY' r COMPLAINT IN CUSTODY f _ 1. The Plaintiff is Christopher J. Brutko, an adult individual whose current residence is 9 West Butler Street, Mount Holly Springs, Cumberland County, i Pennsylvania. 2. The Defendant is Toni L. Brutko, an adult individual who is currently homeless, without fixed residence, but is believed to be currently staying at the Valley Motel, 1580 Ritner Highway, Carlisle, Cumberland County, Pennsylvania. 3. The Plaintiff seeks sole legal custody and sole physical custody of his daughter, Ashlyn L. Brutko, born January 19, 2004 (hereinafter, the Child"). E 4. The Child was born in wedlock. 5. The Child is presently in the custody of the Plaintiff. 6. The Child has lived at the following addresses: Address Dates Resided With 9 W. Butler St. 2005 - Present Father Mt. Holly Springs, PA 7. The relationship of the Plaintiff to the Child is that of natural father. 8. The relationship of the Defendant to the Child is that of natural mother. 9. Plaintiff is and has always been the primary caregiver of the child. 10. Defendant has, by choice, played an indifferent, insubstantial role in the life of the Child. 11. Defendant is currently homeless and has shelter only by means of renting a room at a motel. 12. It is believed therefore averred that Defendant intends to relocate permanently to Puerto Rico with a paramour once money is wired to Defendant and her i paramour for that purpose. k- qV ?,? 4"ql 13. It is believed therefore averred that Defendant may intend to abscond with the Child to Puerto Rico. 14. The Plaintiff has not participated as a party or in any other capacity in other litigation concerning the custody of the Child in this or any other Court. 15. The Plaintiff has no information of a custody proceeding concerning the Child pending in a Court of this Commonwealth. 16. No other persons are known to have or claim to have any right to custody j or visitation of the Child other than the parties to this action. 17. Each parent whose parental rights to the Child have not been terminated and the person who has physical custody of the Child have been named as parties to II this action. No other persons are known to have or claim to have any right to custody or visitation of the Child other than the parties to this action. WHEREFORE, Plaintiff, Christopher J. Brutko, respectfully requests this Honorable Court to schedule a Conciliation Conference and thereafter issue an Order of Court to award Plaintiff sole legal custody and sole physical custody of the Child. Respectfully Submitted, TURO ROBINSON Date Lorin Andr ,eW8nyder, Esquire PA I D# 3199 12,9,8'cuth Pitt Street !Carlisle, PA 17013 Phone: 717-245-96?8 Fax: 7171-245-2165 VERIFICATION I verify that the statements made in the foregoing Custody Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. §4904 relating to unsworn falsification to authorities. ?_ ?s- zvio Date C 9,4pfier J. rutko Plaintiff CHRISTOPHER J. BRUTKO IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA ~ ~ ~ a • 2010-377 CIVIL ACTION LAW -~ ~, --i cA ~ ~-~ TONI L. BRUTKO cn~"` ~' N ~~ IN CUSTODY -C - ~ v , ,~ DF.,FENDANT { ~ ~ p~ y ' ~Q ~ ~ ~ C ~ tV ~ ~ -~-~ ORDER OF COURT ~ ~ ~ w AND NOW, Monday, September 20, 2010 ,upon consideration of the attached. Complai nt, it is hereby directed that parties and their respective counsel appear before .John J. Mangan, Jr., Esq. ,the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Monday, October 25, 2010 at 9:00 AM for aPre-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. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR. THE COURT, By: /s/ ohn .Man an r. Es . . 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 C1 _ _ (. ~~ ~ m~~~-~ (11,x_ _ ~_ ~~~ Telephone (717) 249-3166 ~°~7 ~`~~ ~ `~ a~ ~ C ~Y ~ ~c(..iN a~- f ~~~ ~ ~?(~ °~ ~ SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor Christopher J. Brutko vs. Toni L. Brutko ??t';'fitp pt ?It?IIGe???jfd NSF€ICE - 1 t-[RIFF - r?O to Case Number 2010-377 SHERIFF'S RETURN OF SERVICE 09/21/2010 06:11 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on September 21, 2010 at 1811 hours, he served a true copy of the within Complaint in Custody, upon the within named defendant, to wit: Toni L. Brutko, by making known unto herself personally, at Valley Motel, 1580 Ritner Highway, Room 14, Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. NOAH CLINE, DEPUTY SHERIFF COST: $33.84 September 23, 2010 SO ANSWERS, RON R ANDERSON, SHERIFF %c; C0,o'y&iiZo Sherff 7e eos:ott. U':c. ti CHRISTOPHER J. BRUTKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA . ~°; v. : NO. 10 - 0377 CIVIL TE.~~ • co rr, ° ~~ ~ TONI L. BRUTKO, :CIVIL ACTION -LAW ~~ ~' ~~ Defendant. : IN DIVORCE/CUSTODY ~ ~ ~~ CUSTODY STIPULATION AGREEMENT ~~ -=c~ ~ ~ ~ =~~"_ THIS STIPULATION AND AGREEMENT, entered into this ~~ day o~ ©c~a~¢c',R , 2010, by and between Christopher J. Brutko and Toni L. Brutko, is executed in contemplation of becoming an Order of Court. WHEREAS, Christopher J. Brutko and Toni L. Brutko are the parents of one child, Ashlyn L. Brutko, born January 19, 2004; and WHEREAS, the parties wish to enter into this Stipulation and Agreement relative to the custody of Ashlyn L. Brutko. NOW, THEREFORE, in consideration of the mutual covenants, promises and agreements as hereinafter set forth, the parties agree as follows: 1. AIt previously existing custody orders are hereby vacated. 2. Ashlyn L. Brutko, born January 19, 2004, (hereinafter the "Child"), is the natural child of Christopher J. Brutko (hereinafter the "Father") and Toni L. Brutko (hereinafter the "Mother") 3. Father shall have sole legal custody of the Child. 4. Father shall have primary physical custody of the Child, subject to the following periods of supervised visitation in the Mother: ~ ' . a. Such periods of visitation will be supervised by Father and shall occur only as agreed upon by Father. 5. Mother shall the right to reasonable telephone contact with the Child when the Child is in the custody of Father. WHEREFORE, agreeing to be legally bound, the parties hereby affix their signatures. Christophe"r J. B Father o L. Brut o Mother t OCT ~~~ ~ ~tDiO CHRISTOPHER J. BRUTKO, : IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 10 - 0377 CIVIL TERM TONI L. BRUTKO, :CIVIL ACTION -LAW ~`~~~i Ce- Defendant. : IN DIVORCE/CUSTODY ~'~,~. I~nc~ oft v Cwt ~. l~ E'r! ORDER OF COURT ~M 6 , ~ ~~ AND NOW, this o~/,.~ day of , 2010, upon consideration of the ` attached Custody Stipulation Agreement, it is Ordered and Directed as follows: 1. All previously existing custody orders are hereby vacated. 2. Ashlyn L. Brutko, born January 19, 2004, (hereinafter the "Child"), is the natural child of Christopher J. Brutko (hereinafter the "Father") and Toni L. Brutko (hereinafter the "Mother") 3. Father shall have sole legal custody of the Child. 4. Father shall have primary physical custody of the Child, subject to the following periods of supervised visitation in the Mother: a. Such periods of visitation will be supervised by Father and shall occur only as agreed upon by Father. 5. Mother shall the right to reasonable telephone contact with the Child when the Child is in the custody of Father. BY THE COURT, c.c. ~/ n A. Sn der, Es . Y q T~ L. Brutko f- ~ E,S' ,-rid. t l~c~ v IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Christopher J. Brutko V. Toni L. Brutko DIVORCE DECREE AND NOW, _ri?w(,?/' 3b 2-° it is ordered and decreed that Christopher J. Brutko , plaintiff, and Toni L. Brutko , defendant, are divorced from the bonds of matrimony. 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.") The economic issues of this case have been resolved by an agreement of the parties dated December 28, 2011, which is incorporated, but shall not merge with, this decree. By the Court, Attest: .1 P thonotary NO. 10-0377 ?? ? ?>n?c??'?. ra??'?e?- ? ? ?o?hc