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HomeMy WebLinkAbout05-2492 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL K. BRENNAN, ) Plaintiff ) V. ) KIMBERLY J.C. BRENNAN, ) Defendant ) NO. 2005-c24/9?Z CIVIL TERM CIVIL ACTION - LAW 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 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, I Courthouse Square, 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (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 Americans 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 least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL K. BRENNAN, ) Plaintiff ) V. ) KIMBERLY J.C. BRENNAN, ) Defendant ) NO. 2005- a_?Js, CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Darryl K. Brennan, by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., who states the following in support of the within Complaint: Plaintiff is Darryl K. Brennan, an adult individual who currently resides at 2800 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Defendant is Kimberly J.C. Brennan, an adult individual who currently resides at 2800 Market Street, Camp Hill, Cumberland County, Pennsylvania, 17011. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on April 22, 2000 in Middletown, Pennsylvania. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Servicemembers Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 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. The parties have lived separate and apart since on or about April 10, 2005. COUNT I - DIVORCE PURSUANT TO §3301(c) or (d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II - EQUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III - ALIMONY AND ALIMONY PENDENTE LITE 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment and requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage. 15. Plaintiff is unable to sustain himself during the course of this litigation. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. COUNT IV - COUNSEL FEES, EXPENSES AND COSTS OF SUIT 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. Plaintiff has retained an attorney to bring this action and has agreed to pay her a reasonable fee. 18. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 19. Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which his attorney will be entitled in this case. WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. Date: 2 6Y CG Respectfully submitted, i c- Cindy S. Conley,/Esquire Howett, Kissinger & Conley & Holst, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Darryl K. Brennan VERIFICATION I, Darryl K. Brennan, hereby swear and affirm that the facts contained in the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Date: Darryl K. Brennan ti P- c C o c o? c C z (1? r., ;T_ DARRYL K. BRENNAN PLAINTIFF V. KIMBERLY J.C. BRENNAN DEFENDANT AND NOW, Tuesdai it is hereby directed that parties and the at DJ Manlove's, 1901 State St., C; fora Pre-Hearing Custody Conference IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 05-2492 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT May 17, 2005 , upon consideration of the attached Complaint, respective counsel appear before Melissa P. Greevy, Esq. , the conciliator, li Aill, PA 17011 on Friday, June 24, 2005 at 11:00 AM 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. All children age five or older ma also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporar. or permanent order. The court hereby directs the pa ties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody or rs to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. s1 Melissa P. Greevy, Esq. ?/__ Custody Conciliator The Court of Common Plea s of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For inf rmation about accessible facilities and reasonable accommodations available to disabled individuals havi g business before the court, please contact our office. All arrangements must be made at least 72 hours prior 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 Telephone (717) 249-3166 -, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL K. BRENNAN, ) Plaintiff ) V. ) KIMBERLY J.C. BRENNAN, ) Defendant ) NO. 2005-2492 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE Cindy S. Conley, being duly swom according to law, deposes and says that she is an attorney at law authorized to practice in the Commonwealth of Pennsylvania, and that on the 16' day of May, 2005, she sent the original of the attached letter, with which was enclosed a certified, time-stamped copy of the Complaint in Divorce in the above-captioned matter, properly endorsed, to the Defendant, Kimberly J.C. Brennan, by certified mail, postage prepaid, return receipt requested, restricted delivery, pursuant to Pa.R.C.P. 1930.4, to 2800 Market Street, Camp Hill, PA, 17011, the Defendant's last known address, and that the return receipt card which was signed by Kimberly Brennan, marked as having been delivered to her on May 18, 2005, is attached hereto and made a part hereof. i Cindy S. Conk y, E3quire Howett, Kissing , onley & Hotst;-P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Darryl K. Brennan SWORN TO AND SUBSCRIBED be re this 24' da ay, 2005. Public NOTARIAL SEAL DEBRA M. SNIMP, NOTARY PUBLIC CITY OF HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES AUG. 29.2005 • LAW OFFICES OF • HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 WALNUT STREET POST OFFICE BOX 310 HARRISBLRG. PENNSYLVANIA 17108 JOHN C. HOWETT. JR. DONALD T. KISS I.NGER CINDY S. CONLEY DARREN J. HOLST DEBRA Si. SHIIIP Legal Assistant VIA CERTIFIED MAIL RESTRICTED DELIVERY RETURN RECEIPT REQUESTED Ms. Kimberly J.C. Brennan 2800 Market Street Camp Hill, PA 17011 Dear Ms. Brennan: May 16, 2005 Re: Brennan v. Brennan 1717! 234-2616 FAX 17171 234-5402 Enclosed for service upon you please find a Complaint in Divorce filed on behalf of Darryl. Also enclosed is a copy of the Complaint for Shared Physical and Legal Custody which I filed at the same time. Once the custody conciliation conference has been scheduled, I will notify you by sending you a copy of the order. Please have your attorney contact me. If you choose not to retain an attorney, please feel free to contact me directly and in writing. Sincerely, Cindy . Co ey CSCldms Enclosure cc: Darryl K. Brennan (wlencl) CERTIFIED MAIL,. RECEIF (Domestic Mail Only; No Insurance Coverai I NONE u-1 Ln CO Postage $ i ° Certified Fee O Postmark ° Return Reciept Fee Here (Endorsement Required) C3 Restricted Delivery Fee / rq (Endorsement Required) O ? JJJ Total Postage & Fees M E3 Sent To P r` Street. Ayt. No., M ?j y - 114 orPCsex No. rKA-KLik_ 1S77=&Aflj -------- _---'------- -------- .--------------------- ._..--..__.-_---- ------------- City, State, ZIP+4 - C-ftP fh LC '1'/+ 1-7 0 i ¦ Complete items 1, 2, and 3. Also complete A. Ell item 4 if Restricted Delivery is desired. O ent x ¦ Print your name and address on the reverse Addressee so that we can return the card to you. • Attach this card to the back of the mailpiece B. Received by (Printed Name) C. Der o Del w ery , or on the front If space permits. t ( rvi,J 1, Article Addressed to: D. Is delivery adtl dMerent li Ill J? D es ;. If YES, enter delivery address balm: 0 No MS. KIMBERLY J.C. BRENNAN 2800 MARKET STREET CAMP HILLr PA 17011 3. Saq?e Type ?$[ CemMed Mall ,0pres8 Mall 0 RegMeretl M Retum Receipt *@ M ientlhe 0 Insured Mail 0 C.O.D. 4. ReatrkYed Delhrery7 05ift F-ae) yes Z Article Number 7003 1010 0002 8155 4070 m.,,.r , e.,... _. 'a? PS Form 102595-02-10-1540 RECEIVED JUL DARRYL K. BRENNAN, IN THE COURT OF COMMON PLEAS 0 CUMBERLAND COUNTY, PENNSYLVAN Plaintiff NO. 05-2492 CIVIL TERM V. CIVIL ACTION - LAW KIMBERLY J.C. BRENNAN, Defendant IN CUSTODY ORDER TO RELINQUISH JURISDICTION AND NOW, this 7w day of July, 2005, counsel for the Plaintiff having advised the Conciliator of the parties' reconciliation and requesting cancellation of the Custody Conciliation Conference scheduled for June 24, 2005, the Conciliator hereby relinquishes jurisdiction of the above captioned matter :253562 Custody Conciliator co IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL K. BRENNAN, Plaintiff ) NO. 2005-2492 V. ) KIMBERLY J.C. BRENNAN, ) CIVIL ACTION - LAW Defendant ) IN CUSTODY PLAINTIFF'S MOTION FOR CONCILIATION CONFERENCE REGARDING CUSTODY AND NOW, comes Plaintiff, Darryl K. Brennan, by and through his counsel, Howett, Kissinger & Holst, P.C., who hereby files the instant Motion for Conciliation Conference Regarding Custody and in support thereof avers as follows: Movant is Darryl K. Brennan ("Father"), Plaintiff in the above- captioned custody action. 2. Respondent is Kimberly J.C. Brennan ("Mother"), Defendant in the above-captioned custody action. 3. Mother and Father, husband and wife who are physically separated and in the process of divorce, are the biological parents of one minor child born of the marriage, namely, David B.C. Brennan, born May 2, 2001. 4. On May 13, 2005, Father initiated a custody action, docketed at 2005-2492, in which he sought shared physical and legal custody of the minor child. 5. Thereafter, a custody conciliation was scheduled for June 24, 2005 before Melissa P. Greevy, Esquire, as Conciliator. 6. Due to the parties' decision to effectuate a reconciliation, the scheduled custody conciliation was canceled, and the Conciliator relinquished jurisdiction on July 7, 2005. 7. Since that time, the parties' reconciliation attempt failed, and the parties permanently physically separated on March 1, 2008. 8. Since final separation, and in anticipation of resolving the matter of custody via stipulation rather than formal legal process, Father and Mother have been following a de facto physical custody schedule of their minor child for the past nine months in which Mother has had primary custody and Father has had substantial partial physical custody. 9. However, the parties have been unable to reach a stipulation as to agreed upon custody, despite several attempts to negotiate same, and therefore, with, this Motion, Father seeks to have a Conciliator appointed to assist the parties in reaching a custody arrangement which can be reduced to a court order. 10. With the filing of this Motion, Father has paid the fee required for the reappointment of a Conciliator. WHEREFORE, Father respectfully requests this Honorable Court to appoint a Custody Conciliator in this matter. Date: Respectfully submitted, l Donald T. Kissinger, E ire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Darryl K. Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL K. BRENNAN, Plaintiff ) NO. 2005-2492 V. ) KIMBERLY J.C. BRENNAN, ) CIVIL ACTION - LAW Defendant ) IN CUSTODY CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Darryl K. Brennan, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Plaintiff's Motion for Conciliation Conference Regarding Custody was served upon Defendant, Kimberly J.C. Brennan, by depositing same in the United States mail, first class, on January 7, 2009, addressed as follows: Kimberly J.C. Brennan, prose 2800 Market Street Camp Hill, PA 17011 Date: T Donald T. Kissinger, Esq ' e HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Darryl K. Brennan w d : - r W. DARRYL K. BRENNAN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY J.C. BRENNAN DEFENDANT 2005-2492 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, January 12, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Thursday, February 19, 2009 at 9:00 AM for a Pre-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/ Dawn S. Sunda Es q. 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 Telephone (717) 249-3166 J-4rwj - Q, -?f d SCIV .lop S O .E wd C l w 6uuz r ?, t - d N.I. ?O FEB 2 3 20un9 DARRYL K. BRENNAN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. 2005-2492 CIVIL ACTION LAW KIMBERLY J.C. BRENNAN Defendant IN CUSTODY ORDER OF COURT AND NOW, this 141? day of r , 2009, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Kimberly J.C. Brennan, and the Father, Darryl K. Brennan, shall have shared legal custody of David B.C. Brennan, born May 2, 2001. Major decisions concerning the Child including, but not necessarily limited to, his health, welfare, education, religious training and upbringing shall be made jointly by the parties after discussion and consultation with a view toward obtaining and following a harmonious policy in the Child's best interest. Neither party shall impair the other party's rights to shared legal custody of the Child. Neither party shall attempt to alienate the affections of the Child from the other party. Each party shall notify the other of any activity or circumstance concerning the Child that could reasonably be expected to be of concern to the other. Day to day decisions shall be the responsibility of the parent then having physical custody. With regard to any emergency decisions which must be made, the parent having physical custody of the Child at the time of the emergency shall be permitted to make any immediate decisions necessitated thereby. However, that parent shall inform the other of the emergency and consult with him or her as soon as possible. In accordance with 23 Pa.C.S.A. §5309, each party shall be entitled to complete and full information from any doctor, dentist, teacher, professional or authority and to have copies of any reports or information given to either party as a parent as authorized by statute. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child as follows: A. School Year: During the school year, the Father shall have custody of the Child on alternating weekends from Friday at 4:30 p.m. through Sunday at 6:30 p.m. In addition, the Father shall have custody of the Child every Wednesday from after school, when the Father shall pick up the Child at school through Thursday morning when the Father shall transport the Child to school. B. Summer School Break: During the summer school break, the school year custodial schedule shall continue as set forth in paragraph A above. However in addition, during one (1) weekend each month, the Father's weekend shall be expanded to run from Wednesday through Sunday upon the Father providing at least thirty (30) days notice to the Mother. Expanded weekends under this provision shall not be scheduled during the Child's swimming lesson sessions. 4. The parties shall share having custody of the Child on holidays as follows: A. Thanksgiving: The Thanksgiving holiday shall be divided into Segment A, which shall run from after school on the Wednesday before Thanksgiving through the Saturday following Thanksgiving at 6:00 p.m., and Segment B, which shall run from Saturday at 6:00 p.m. through the following Monday at 6:30 p.m. In odd-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. In even-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. B. Christmas: The Christmas holiday shall be divided into Segment A, which shall run from after school on the last day of school before the holiday through December 27th at 6:00 p.m., and Segment B, which shall run from December 27th at 6:00 p.m. through the day before school resumes at 6:30 p.m. In odd-numbered years, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B. In even-numbered years, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. C. Easter: The Easter holiday shall be divided into Segment A, which shall run from 8:00 a.m. until 1:00 pm on Easter Sunday, and Segment B, which shall run from 1:00 p.m. until 6:30 p.m. on Easter Sunday. In 2009, the parties agree that they will attend church services and celebrate Easter Sunday together. In odd-numbered years beginning in 2011, the Mother shall have custody of the Child during Segment A and the Father shall have custody during Segment B for Easter. In even- numbered years beginning in 2010, the Father shall have custody of the Child during Segment A and the Mother shall have custody during Segment B. D. Mother's Day/Father's DU: In every year, the Mother shall have custody of the Child for the Mother's Day weekend from Saturday at 4:00 through Sunday at 6:30 p.m. and the Father shall have custody of the Child for the Father's Day weekend from Saturday at 4:00 p.m. through Sunday at 6:30 p.m. E. Memorial DU/Labor Day: The parent who has custody of the Child on the weekend immediately preceding Memorial Day and Labor Day under the regular schedule shall have custody of the Child through the Monday holiday at 6:30 p.m. D. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Each party shall be entitled to have custody of the Child for two (2) uninterrupted weeks, which may be scheduled consecutively or non-consecutively, for vacation each summer upon providing at least 30 days advance written notice to the other parent. The parties shall not schedule vacation dates under this provision during the Child's swimming lesson sessions. The party providing notice first shall be entitled to preference on his or her selection of vacation dates. 6. Neither party shall do or say anything which may estrange the Child from the other parent, injure the opinion of the Child as to the other parent, or hamper the free and natural development of the Child's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Child comply with this provision. Child. 7. The non-custodial parent shall be entitled to have reasonable telephone contact with the 8. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Rebecca McClincy Darr, Esquire - Counsel for Father Kimberly J.C. Brennan - Mother I I :0 '1 ad (j, *(70 0 3 j 6 007 DARRYL K. BRENNAN Plaintiff vs. KIMBERLY J.C. BRENNAN Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 2005-2492 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF David B.C. Brennan May 2, 2001 Mother 2. A custody conciliation conference was held on February 19, 2009, with the following individuals in attendance: the Father, Darryl K. Brennan, with his counsel, Rebecca M. Darr, Esquire, and the Mother, Kimberly J.C. Brennan, who is not represented by counsel in this matter. 3. The parties agreed to entry of an Order in the form as attached. - add? Date Dawn S. Sunday, Esquire Custody Conciliator IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL K. BRENNAN, ) Plaintiff ) NO. 2005-2492 V. ) W KIMBERLY J.C. BRENNAN, ) CIVIL ACTION LAW = Defendant ) IN DIVORCE --- PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on May 13, 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REOUEST 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. l 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 above 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: z J 12- -?Ift Darryl K. Brennan, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL,Vt! - IA _n DARRYL K. BRENNAN, ) `.r Plaintiff ) NO. 2005-2492 V. ) Y - KIMBERLY J.C. BRENNAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on May 13, 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 in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &33011(c) OF THE DIVORCE CODE 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.. §4904 relating to unswom falsification to authorities. Date: 00(0-20 berly J.C. Brennan, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL K. BRENNAN, Plaintiff V. KIMBERLY J.C. BRENNAN, Defendant NO. 2005-2492 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO WITHDRAW ECONOMIC CLAIMS TO THE OFFICE OF THE PROTHONOTARY: Please enter the Plaintiff s voluntary withdrawal of said party's economic claims raised in the divorce complaint, specifically Count II - Equitable Distribution, Count III - Alimony and Alimony Pendente Lite, and Count IV -- Counsel Fees, Expenses and Costs of Suit, raised on May 13, 2005. Date: 6, 11 P X- 'z- Donald T. Kissinger, Esquire HOWETT, KISSINGER. & HST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Darryl K. Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL K. BRENNAN, ) Plaintiff ) V. ) KIMBERLY J.C. BRENNAN, ) Defendant ) NO. 2005-2492 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I, Donald T. Kissinger, Esquire, counsel for Darryl K. Brennan, Plaintiff in the above- captioned action, hereby certify that a true and correct copy of the foregoing Praecipe to Withdraw Economic Claims was served upon pro se Defendant, Kimberly J.C. Brennan, by depositing same in the United States mail, first class, on June 18, 2012, addressed as follows: Kimberly J.C. Brennan 2800 Market Street Camp Hill, PA 17011 Date: 61 l t/ Z_ 7 ? Donald T. Kissinger, Esquir HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Darryl K. Brennan IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA DARRYL K. BRENNAN, Plaintiff ) NO. 2005-2492 V. - ., KIMBERLY J.C. BRENNAN, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE ?c r•? "" ? PRAECIPE T O TRANSMIT RECORD off, 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) of the Divorce Code. 2. Date and manner of service of the complaint: Service by certified mail on May 16, 2005; Affidavit of Service filed May 25, 2005. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, June 14, 2012; by defendant, June 14, 2012. 4. Related claims pending: All economic claims withdrawn by Praecipe dated June 18, 2012 and filed June 19, 2012. 5. Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 19, 2012; date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: June 19, 2012. Date: C J?eyA. B am, Esquire ETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Darryl K. Brennan IN THE COURT OF COMMON PLEAS OF DARRYL K. BRENNAN CUMBERLAND COUNTY, PENNSYLVANIA V. KIMBERLY J. C. BRENNAN NO. 2005-2492 DIVORCE DECREE AND NOW, 2-62 %C , ?Zt is ordered and decreed that DARRYL K. BRENNAN , plaintiff, and KIMBERLY J. C. BRENNAN 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.") None. By the Court Tho a A. lace AtteOur m9n rRleas .dud§e P/othonotary ce co p ?1 all c? ode +?? v?rQd'4/io?