HomeMy WebLinkAbout05-1759
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
~rl A.n
L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No.2005- If s-i}
CIVIL TERM
IN DIVORCE
VS.
LISA M. GERMANN,
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 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 at:
Office of the Prothonotary
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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Lawyer Referral Service
Cumberland County Bar Association
2 Liberty A venue
Carlisle, P A 17013
(717) 249-3166
,...
In the Court of Common Pleas of Cumberland County,
Pennsylvania
LISA M. GERMANN,
Defendant.
)
)
)
)
)
)
No. 2005-
BRAIN L. GERMANN,
Plaintiff,
vs.
CIVIL TERM
IN DIVORCE
NOTICE OF AVAILABILITY OF COUNSELING
TO THE WITHIN-NAMED DEFENDANT:
You have been named as the Defendant in a Complaint in divorce proceeding filed in the
Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance
with Section 3302(d) of the Divorce Code, you may request that the court require you and your
spouse to attend marriage counseling prior to a divorce being handed down by the court. A list
the cost of counseling sessions are to be borne by you and your spouse.
of professional marriage counselors is available at the Domestic Relations Office, 13 North
Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to
you and you are not bound to choose a counselor from this list. All necessary arrangements and
If you desire to pursue counseling, you must make your request for counseling within
twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver
of your right to request counseling.
Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
(717) 731-9509
In the Court of Common Pleas of Cumberland County,
Pennsylvania
BRAIN L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No. 2005 -
VS.
LISA M. GERMANN,
Defendant.
CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR
3301(d) OF THE DIVORCE CODE IN DIVORCE
Plaintiff, by his attorney Michael S. Travis, respectfully represents:
1. Plaintiff is Brian L. Germann, who resides at 2 N. Enola Drive, Enola,
Cumberland County, Pennsylvania, 17025, since July, 2004.
2. Defendant is Lisa M. Germann, who resides at 214 Isabella Road, New
Bloomfield, Perry County, Pennsylvania, 17068, since July 2004.
3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania
for at least six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on September 9, 2002, in Cumberland
County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties in
this or any other jurisdiction.
6. The marriage is irretrievably broken.
7. The parties have been living separate and apart. At a subsequent time, Plaintiff
may submit an Affidavit that the parties have lived separate and apart for at least two (2) years.
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.
. .
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9. Neither party is in the Military Service in the United States.
10. 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. S 4904, relating to
unsworn falsification to authorities.
Date: 3~ J 9'-{):5
12-A-L;~ )j .Q~~
Brian L. Germann, Plaintiff
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Attorney for Plaintiff
LD. # 77399
3904 Trindle Road
Camp Hill, P A 17011
(717) 731-9502
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BRIAN L. GERMANN,
Plaintiff,
LISA M. GERMANN,
Defendant.
)
)
)
)
)
)
No. 2005-1759
vs.
CIVIL TERM
IN DIVORCE
Motion to Find Service Complete by Special Order of Court
TO THE HONORABLE, JUDGES OF THE SAID COURT:
Plaintiff, Brian L. Germann, by his attorney, Michael S. Travis, respectfully represents the
following:
I. Plaintiff is Brian L. Germann. who resides at 2 North Enola Drive. Enola.
Pennsylvania.
') Defendant is Lisa M. Germann. whose exact residence is unknown (0 Plaintitl
but is believed to reside in Duncannon, Perry County, Pennsylvania.
3. Plaintiff and Defendant were married on September 9,2002.
4. A Complaint in Divorce was filed April 4,2005 to the above term and number.
5. Prim' to filing the Complaint, at the direction of counseL as suggested in I',LR.CI'.
430(a), note, Plaintiff inquired of Defendant where she resided.
6, Defendant advised Plaintiff that she could receive divorce paperwork at her
mother's residence of 214 Isabella Road, New Bloomfield, Perry COLmty, Pennsylvania.
7' On March 24. 2005, Defendant contacted counsel for Plaintitf. who inquired of
her current address, shc terminated the telephone conversation.
X. On April 1,2005, Defendant left a message at the office ofPlaintirrs counsel.
leaving her mother's address as the location to effect service, and stated that she did not wish for
PlaintitTto contact her.
9. At Defendant's request, a true and COlTect copy of the Complaint in Divorce was
mailed by certified U.S. Mail restricted delivery and regular U.S. Mail to the 214 Isabella Road
address, pursuant to Pa.R.C.P. 1930.4(c), a copy of the transmittal letter, returned mail and
Acceptance of Service are attached as Exhibit A.
lCL The certitied mail was not claimed by Defendant. but the regular U.S. mail was
not returned by the post ofticc.
11. On April 6, 2005, Defendant left a message at the office of Plaintiffs counsel,
stating that she received the Complaint (via regular mail), but that Plaintiff was calling her,
which she did not want.
12, lIaving failed to sign the certified mail, or return the Acceptance of Service,
Plaintitrs counsel mailed the letter dated April 25, 2005 requesting that she complete service A
copy of that letter is attached as Exhibit B.
13. Plaintiff believes that Defendant is secreting herself in an effort to avoid service.
14. Defendant has received a true and correct copy of the Complaint at the address
which she requested and acknowledged by a telephone message on April 6, 2005.
15. Pursuant to Pa.R.C.P. 440(a) the Court can direct the method of service.
16. Despite the repeated requests of Plaintiff: Defendant has failed and rcfused to
accept service for no good reason.
17. Further investigation of the whereabouts or Defendant is not warranted as shc
acknowledges receipt of the Complaint.
WHEREFORE, Plaintiff moves this Honorable Court to enter an Order as follows:
a. finding that service is complete pursuant to Pa.R.C.P. 430; and
b. allowing the use of214 Isabella Road, New Bloomfield, Perry County, Pennsylvania
and the address of Defendant for purpose of any notices required in the divorce. including any
hearings.
Date: <;;';;<:'05
Respectfully.5\1 itted,
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ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
Attorney for PlaintitT
VERI FICA TION
I verify that the statements made in this Motion are true and correct. 1 understand that
false statements herein are made subject to the penalties of 18 Pa. c.s. 0 4904, relating to
unsworn fillsitication to authorities.
Date fV7!Jy.1;,1.;2)5
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Brian L. Germann, Plaintiff
MICHAEL S. TRAVIS
ATTORNEY AT LAW
3904 TRINOLE. ROAD
CAMP HILI., PA 1701 I
TELEPHONE. (717) 731-9502:
FAX (717) 731.9511
April 4, 2005
VIA REGULAR AND
RESTRICTED DELIVERY U.S. MAIL
Lisa M. Germann
214 Isabella Road
New Bloomfield, P A 17068
RE: Divorce Complaint
Dear Ms. Germann:
I represent Brian Germann. I have filed a Complaint in Divorce on his behalf. Enclosed
is a true and correct copy of that docwnent for service upon you. It is my understanding that this
will be an amicable divorce and that you will not be contesting the divorce. At the end of the
required ninety-day waiting period, I will send you the paperwork to complete your divorce.
In the event that you did not receive the restricted delivery U.S. Mail, an Acceptance of
Service which you may sign is enclosed. You should sign and return this docwnent to my office
via return mail only if you did not sign for your restricted delivery mail.
You may wish to consult with an attorney. If you do, please advise them of my
representation of your husband. If you have any questions, please contact your attorney.
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Sincerejx;;yo "':s;
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.' Attorney and Counselor at Law
MST/dt
enclosure
pc: Brian Germann ,/
Exhibit A
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BRIAN L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No. 2005-1759
vs.
LISA M. GERMANN,
Defendant.
CIVIL TERM
IN DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Complaint in Divorce.
Lisa M. Germann
address: 214 Isabella Road
New Bloomfield, P A 17068
Date:
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lEY AT LAW
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a Complaint in Divorce on his behalf. Enclosed
ervice upon you. It is my understanding that this
t be contesting the divorce. At the end of the
'you the paperwork to complete your divorce.
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: restricted delivery U.S. Mail, an Acceptance of
should sign and return this document to my office
r restricted delivery mail.
ley. If you do, please advise them of my
IY questions, please contact your attorney.
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Sincere.!xyogr.s;
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MICHAEL S. TRAVIS
ATTORNEY AT LAW
3904 TRINDLE ROAD
CAMP HILL, PA 17011
TELEPHONE (717) 731-9502
f" AX (7\7) 731-9511
April 25, 2005
Lisa M. Germann
214 Isabella Road
New Bloomfield, P A 17068
Re: Brian L. Germann v. Lisa M. Germann, No. 2005 -1759, In Divorce
Dear Ms. Germann:
At your request we mailed the Complaint in Divorce to 214 Isabella Road, New
Bloomfield, PA 17068. We understood that was your mother's residence. You did not pick up
your certified restricted delivery mail, nor did you sign or return the acceptance of service which
I mailed to you instead of signing for the restricted delivery mail. Service of the divorce
complaint is not complete.
I understand that you did not want to release your address because you do not want your
Husband to know where you live. Enclosed please find a true and correct copy of your
Complaint in Divorce. Please sign the Acceptance of Service before May 3, 2005 and return the
Acceptance of Service to my office in the enclosed envelope.
If you do not accept service as provided above, we will have to take other action, which
may include hiring a private investigator to locate your residence, publication of notice in the
newspaper or service via sheriff. If you have any questions, you should contact a lawyer for
explanation. I will be unable to offer you legal advice. You may also hire an attorney to accept
service of the Complaint on your behalf. Please give this your immediate attention to avoid
unnecessary intrusion.
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/-. lchaelt:'i'ravis
Attorney and Counselor at Law
MST/hm
pc: Brian Germann /
Exhibit B
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BRIAN L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No. 2005-1759
\'S.
LISA M. GERMANN,
Defendant.
CIVIL TERM
IN DIVORCE
CERTlFICA TE OF SERVICE
I certify that a true and correct copy of the foregoing document was served on the hele",
persons hy first class U.S. Mail, postage prepaid:
Lisa M. Germann
214 Isabella Road
New Bloomtield, P A 17068
"
Date:
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ich el S. Travis
lD No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
LISA M. GERMANN,
Defendant.
)
)
)
)
)
)
No. 2005-1759
BRIAN L. GERMANN,
Plaintiff,
vs.
CIVIL TERM
IN DIVORCE
AFFIDAVIT SERVICE EFFORTS TO LOCATE DEFENDANT
I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce,
hereby state that:
1. Plaintiff contacted Defendant for her whereabouts by telephone between March
24,2005 and March 29, 2005.
2. On March 24, 2005, Defendant called the office of Plaintiff s counsel, she
terminated the conversation before giving her address.
3. On March 29, 2005, Defendant advised Plaintiff to mail service to 214 [sabella
Road, New Bloomfield, PA, her mother's residence.
4. An Acceptance of Service was mailed to that address together with a true and
correct copy of the Complaint on April 4, 2005 and May 6, 2005.
5. A conformed and certified copy of the Complaint in Divorce was served upon the
Defendant by Certified Mail No. 7004 2510 0007 6455 0781, return receipt requested, and
regular U.S. mail by depositing the same in the United States mail on April 4, 2005, pursuant to
Rule 1930.4 of the Amendments to the Pennsylvania Rules of Civil Procedure relating to service
in Domestic, Relations Matters.
.
6. On April 8, 2005, Defendant contacted the office of Plaintiffs counsel with
questions regarding service, she was advised to seek the advice of an attorney of her choosing.
I verify that the statements made in this Affidavit are true and correct. I understand that
false statements herein are subject to the penalties of 18 Pac C.S. S4904 relating to unsworn
falsification to authorities.
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. /' Michael S. Travis
Attorney for Plaintiff
3904 Trindle Road
Camp Hill, PA 17011
(717) 731-9502
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RECEIVED MAY 2 6 ZOO5~
In the Court of Common Pleas of Cumberland County,
Pennsylvania
LISA M. GERMANN,
Defendant.
)
)
)
)
)
)
No. 2005-1759
BRIAN L. GERMANN,
Plaintiff,
vs.
CIVIL TERM
IN DIVORCE
RULE
AND NOW, this I :n:;ay of ,2005, upon motion of Michael S.
Travis, attorney for Plaintiff, upon con Ideration of the Motion to Find Service Complete by
Special Order of Court, Defendant is ordered to show cause, if any, why the within Motion
should not be granted. .:t f: )(1 A...... .
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Hearing fixed for the;o day of ~- ,2005, in Courtroom S-of
Cumberland County Courthouse, Holar;u5 RUUh; , Carlisle, Pennsylvania.
A copy of this Rule shall be mailed to 214 Isabella Road, New Bloomfield, Perry County,
Pennsylvania giving no~ice to Defendant of,the Rule. r9~!>~ h<- fer ~
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~stribution:
v1v1ichael S. Travis, Esquire
3904 Trindle Road
Camp Hill, PA 17011
isa M. Germann
214 Isabella Road
New Bloomfield, PA 17068
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In the Court of Common Pleas of Cumberland County,
Penusylvania
BRIAN L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No. 2005-1759
vs.
LISA M. GERMANN,
Defendant.
CIVIL TERM
IN DIVORCE
PRAECIPE
To the Prothonotary:
Please reinstate the Complaint in Divorce in the <Wove
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Date: iP!c5
lD No. 77399
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
Attorney for Plaintiff
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~chael S. Travis, Esquire
3904 Trindle Road
Camp Hill, PA 17011
~a M. Germann
214 Isabella Road
New Bloomfield, PA 17068
BRIAN L. GERMANN, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
VS NO. 2005-1759
LISA M. GERMANN, CIVIL ACTION - DIVORCE
Defendant
ORDER OF COURT
AND NOW, this 20th day of June, 2005, after hearing,
we are satisfied that service of the divorce complaint has been
effectuated pursuant to Pennsylvania Rule of Civil Procedure
1930.4(c).
Edward E. Guido, J.
A..lNrr_'~): "~
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BRIAN L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No. 2005 -1759
vs.
LISA M. GERMANN,
Defendant.
CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE
I, Michael S. Travis, attorney for Plaintiff, in the above captioned action for divorce,
hereby state that a conformed and certified copy of the Complaint in Divorce was mailed to
Defendant via U.S. mail on April 4, 2005. Although the restricted delivery mail was not signed
by Defendant, Defendant did confirm receipt on April 8, 2005 by telephone. The Court
determined service was effectuated pursuant to Pennsylvania Rule of Civil Procedure I 930.4( c)
after hearing on June 20, 2005.
I verify that the statements made in this Affidavit are true and correct I understand that
false statements herein are subject to the penalties of 18 Pa. C.S. ~49 elating to unsworn
falsification to authorities.
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3904 Trindle Road
Camp HilI, PA 17011
(7 I 7) 73 I -9502
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BRIAN L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No. 2005-1759
vs.
LISA M. GERMANN,
Defendant.
CIVIL TERM
IN DIVORCE
AFFIDAVIT OF CONSENT
2005.
1. A complaint in divorce under ~ 3301(c) of the Divorce Code was filed on April 4,
2. The marriage of Plaintiff and Defendant is irretrievably 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. ~ 4904 relating to unsworn
falsification to authorities.
DATED; 9..J- OS
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Brian . Germann, Plaintiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BRIAN L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No. 2005-1759
CIVIL TERM
IN DIVORCE
vs.
LISA M. GERMANN,
Defendant.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
A DIVORCE DECREE UNDER 6 3301(c) OF THE DIVORCE CODE
I. 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! 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: 9. rl-05
13..~ t...4~
Brian L. Germann, Plaintiff
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BRIAN L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No, 2005-1759
CIVIL TERM
IN DIVORCE
vs.
LISA M. GERMANN,
Defendant.
AFFIDAVIT OF CONSENT
L A complaint in divorce under 9 3301(c) of the Divorce Code was filed on April 4,
2005.
2. The marriage of Plaintiff and Defendant is irretrievably 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. 9 4904 relating to unsworn
falsification to authorities.
DATED: '1-dl.- f) 0'
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Lisa M. Germann, Defendant
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In the Court of Common Pleas of Cumberland County,
Pennsylvania
BRIAN L. GERMANN,
Plaintiff,
)
)
)
)
)
)
No. 2005-1759
CIVIL TERM
IN DIVORCE
vs.
LISA M. GERMANN,
Defendant.
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF
A DIVORCE DECREE UNDER S 3301(c) OF THE DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. I UIlderstand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if! do not claim them before a divorce is granted.
3. I UIlderstand that I will not be divorced UIltil 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 UIlderstand that
false statements herein are made subject to the penalties of 18 Pa.C.S. ~ 4904 relating to UIlsworn
falsification to authorities.
Date: Gf - ~- () S-
k.a- #! ~1AAI1AAVn
Lisa M. Germann, Defendant
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Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp Hill,PA 17011
(717)731-9502
LISA M. GERMANN,
Defendant.
In the Court of Common Pleas of Cumberland County,
Pennsylvania
)
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No. 2005 -1759
BRIAN L. GERMANN,
Plaintiff,
vs.
CIVIL TERM
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(c)(1) ofthe Divorce
Code.
2. Date and manner of service of the complaint: Service of the divorce complaint
was effectuated via special Order of Court pursuant to Pennsylvania Rule of Civil Procedure
1930.4(c), after hearing on June 20, 2005.
3. Date of execution of the affidavit of consent required by ~ 3301(c) of the Divorce
Code: by Plaintiff on September 8, 2005; by Defendant on September 2, 2005.
4.
Related claims pending: No economic claims were raised.
5.
prothonotary:
Da~aintift'S Waiver of Notice in ~ 3301(c) Divorce was filed with the
'Ii <~ ,2005.
.
prothonotary:
Date l2efendant's Waiver of Notice in ~ 3301(e
'1/ '=l- ,2005.
I
. oree was filed with the
e ael S. Travis
Attorney for Plaintiff
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IN THE COURT OF COMMON PLEAS
:t;<f.;f.~;ji ;f. ;to
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BRIAN L. GERMANN ,
Plaintiff,
VERSUS
LISA M. GERMANN,
Defendant.
AND NOW,
DECREED THAT
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OF CUMBERLAND COUNTY
STATE OF
PENNA.
No. 2005 - 1759
DECREE IN
DIVORCE
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~~IT IS ORDERED AND
Brian L. Cermann
, PLAI NTI FF,
AND Lisa M. Cermann
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
, DEFENDANT,
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.
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:Ii ;Ii"'",,,,
ATTEST:
J.
PROTHONOTARY
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