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Home My WebLink About04-5167 SUZANNE B. UBERTI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. ; CIVIL ACTION- LAW : IN DIVORCE : NO. Dc{ - 5) Cp 1 CIVIL TERM DAVIDJ. OBERTI, Defendant 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, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'S FEES OR EXPENSES BEFORE A DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. YOU HA VE THE RIGHT TO HAVE A LAWYER REPRESENT YOU AT THE HEARING. THE COURT WILL NOT, HOWEVER, APPOINT A LAWYER FOR YOU. 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]. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. IF YOU CANNOT FIND A LAWYER, YOU MAY HAVE TO PROCEED WITHOUT ONE. CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717)-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities 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 lease 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. SUZANNE B. UBERTI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. : CIVIL ACTION - LAW : DIVORCE DAVID J. UBERTI, Defendant : NO. (}l/-5J{, 1CIVIL TERM COMPLAINT UNDER 23 Pa.C.S. !'ill 330l(e) and 330l(d) OF THE DIVORCE CODE The plaintiff, Suzanne Uberti, by her attorneys, the Family Law Clinic, sets forth the following cause of action: DIVORCE I. Plaintiff is Suzane Uberti, who currently resides at 335 North East Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is David Uberti, who currently resides at 145 South East Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on May 6, 1985 in Brooklyn, Kings County, New York. 5. Plaintiff and Defendant have lived separate and apart since August, 2002. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiffhas 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. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marriage. Date:Jf2/B/t/ ~fJ~ Michael J. Macht Certified Legal Intern W_1dJJt-' S ~~ ;c.2E T E. RAINS LUC JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorney FAMILY LA W CLINIC 4S North Pitt Street Carlisle, P A 17013 (717) 243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. g4904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. Date: c\, - ~ ~ - 0-\ ~-1I~OIU: \D Suianne U~ -"'- ~-y SUZANNE UBERTI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE : NO. 04- J 1(; lCIVIL TERM DAVIDUBERTI, Defendant PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Suzanne Uberti, Plaintiff, to proceed in forma pauperis. I, Michael Macht, Certified Legal Intern in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. Date fO)/4IlJ Respectfully submitted, j/d~t/~kcN Michael Macht Certified Legal Intern ~ LACE ANNE DONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 717-243-2968 SUZANNE UBERTI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION- LAW : IN DIVORCE DAVID UBER TI, Defendant : NO. 04-5167 CIVIL TERM CERTIFICATE OF SERVICE I, Michael Macht, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Divorce on David Uberti, at 145 South East Street, Carlisle, P A, 17013, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested on October 18, 2004. Service was complete upon receipt by David Uberti on the 23 day of October, 2004, as evidenced by the attached green card. ~4a#l~ Certified Legal Intern THE F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 t() TlJ TlJ ru o F'F ; c', A 1..' .:r Postage. ~ Go 0 I:J Certified Fee ~'} ," "_. I:J '-1- 3() ~ I:J {Endo~::::,~ / 7 l :':,r,~:. ~,' '{f I:J R...........~ . S-. i . , I ,.., (E~ Delivery Fee .'. , ,.., ent Required) d 6-0f (b' : Total Postage & Fees $ 'if / o~~()1 I:J ol\. ' . ~ 'Jet~l~ld...J..~.....lJ..b!.r-h' '. $'SiB~.';~).:tf2...5.llvt.h.~~~f~;'I~~~~'~""""""-"'--'--' f-l IlOl3 .-...................-..-. .:r C"- C"- lJ1 -Iete Items 1, 2, and 3. Also complete . 4 if Restricted Delivery is desired. _ 'n your name and address on the reverse t we can retum the card to you. - Att h this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: l::a\Jld J- \Jbe~ I LiS 'ODv\1tI f-a>-t 3\-. ffiyll~I(\?A MD IS * Received by ( rinted Name) vl4-V I V) -:so, U r1E D. Is deliv8lY address different from item 1? If YES, enR fSTrntml DnIV E I 3. Service Type ~Certified Mail o Registered ~etum Receipt for Merchandise o Insured Mail 0 C.O.D. 2. 7003 3110 0004 5774 2228 PS Form 3811, August 2001 Domestic Return Receipt 1 02595-02-M-l 035 - '. '..... t 1 ~ (') ,....", ~ c:::::> 0 f:, c:.> 71 J::'" -- -{ a ...,.- [ : ;,._,) .,c .llp_ I :}"Im co :..)t"? t' 1..;(') "..' i~~~ ~ -"" N 0-.1 j r. W "n w -~ \ ) ) ( L ~ ~ \ ~ ~ r ~ j ~ J SUZANNE UBERTI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DAVID UBERTI, Defendant : NO. 04-5167 CIVIL TERM AFFIDAVIT OF CONSENT I. A complaint for divorce under S 3301 (c) of the Divorce Code was filed on October 14,2004. 2. The marriage of the plaintiff and defendant is irfl~trievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of 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. S 4904 relating to unsworn falsification to authorities Date: \- f.--"1... -D ~ \""-, 1,-, ','. ~'-lLJI~ ,'. c. "_ Suzanne Uberti, Plaintiff .J -'---~ -~-_. .---/. ".'-. ~ -",- , , --- - SUZANNE UBERTI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE DAVID UBERTI Defendant : NO. 04-5167 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) 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 ifI do not claim them before a divorce is granted. 3. 1 understand that I will not be divorced until a divorce decree is entered by the Court and that a copy ofthe 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. S 404 relating to unsworn falsification to authorities. ---- Date: \ - f.-'l. - O_v') ~:;;r~' --.... ..J , , - SUZANNE UBERTI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE DAVID UBERTI, Defendant : NO. 04-5167 CIVIL TERM AFFIDAVIT OF CONSENT 1. A complaint for divorce under !;330 I (c) of the Divorce Code was filed on October 14,2004. 2. The marriage of the plaintiff and defendant is im:trievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of 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 P3L.C.S. !;4904 relating to unsworn falsification to authorities Date: 0/ JeJ- 9/ oS- c;_..~ .c':"~ David ~ldant ~". ; " - SUZANNE UBERTI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE DAVID UBERTI Defendant : NO. 04-5167 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) 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. S 404 relating to unsworn falsification to authorities. Date: Od-J 0 '1/ oS- ~~-:::=: David Ubert , Defendant -.,1 - ~ SUZANNE UBERTI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION.. LAW : DIVORCE DAVID UBERTI Defendant : NO. 04-5167 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: I. Ground for divorce: mutual consent under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: October 18, 2004, by United States mail, certified, restricted delivery, return receipt requested. 3. Date of execution of the affidavits of consent required by S 3301(c) of the Divorce Code: by Plaintiff - January 22, 2005; by Defendant - January 29, 2005. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: February 17, 2005. Date Defendant's Waiver of Notice was filed with the Prothonotary: February 17, 2005. Date~ L~~ Certified Legal Intern !~d-F" Supervising Attorney FAMIL Y LA W CLINIC 45 North Pitt Street Carlisle, PA 117013 717/240-5204 <+;'t::+;:+; . . . . . . . .. . . .. :+;:+; :+;:+;:+;:+;:+;:f. :f.Of.:+:+:t::f.Of. :+: :f.Of. :f.:f.Of. + Of.+:f.+:f.Of.:f. :f.:f.:f.+Of.+:f.:f.:f.Of.+Of.++Of.Of.:f.~ . " . . . . " . . . . . . . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . . PENNA. STATE OF . . . . . . . . . . . " . . Suzanne Uberti Plaintiff No. 04-5167 VERSUS David Uberti . . . . . . . . . . . Defendant DECREE IN DIVORCE . " . . . "Z.1 IT IS ORDERED AND . . . . . . . . . . . . . . . . . . . . . " . . AND NOW, February 2005 Suzanne Uberti , PLAINTIFF, DECREED THAT David Uberti , DEFENDANT, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; " . . . None. . . . . . . . . . . . " . BYTHEfR: ATT T: . . " . . . . . . . . . , PROTHONOTARY :+;:f.'f. 'f.:f. " Of. Of. :+: 'of. :f. 'of. Of. 'f 'of. '+: Of. 'f + 'of. Of. . .. +:':'of. :f.'t;'of.'+' ~:.: :f.:f.'f . " . . . . . . . . . . . . . . . . . " . . . . " . . . . " . " . . . . . . . . . . . . . . . . " " . . , . " J. . " . . . " . . . . . . . . . . " . . . . , . . . . " " :+ 'of. Of + + +. ;# l' ~ ~ YJ It: c?7, ~ trft;; ..n7J 511' / - e ''7;;1 r 'Vf r v .' . ....... SUZANNE UBERTI Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : DIVORCE DAVID UBERTI Defendant : NO. 04-5167 CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having been granted divorced from the bonds of matrimony on the 24th day of February, 2005, hereby elects to retake and hereafter use her previous name of Suzanne Brahn, and gives this written notice avowing her intention to do so pursuant to the provisions of 54 Pa. C.S. 9704. Wishes To Be Known As: '- . . -\.----.. .',,- (I) _______.'\ '") dJ S-c.. >'---~.:.,,------' ~Suzanne Uberti ~ r-' '\~._' -~-- (' ') .--..--l '''; , (,<" "..I . "o......y=~ Suzanne Brahn ~~ ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. On the 16th day of March, 2005, before me, a Notary Public, personally appeared Suzanne Uberti, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and Notarial Seal. L-..... -{I.:) \.l TJ ...::t ;. \t- ~ G.;, v ~ ~ P--- ~~ )-' - ~