HomeMy WebLinkAbout06-3266
.
Guy H. Brooks, Esquire
1.0. #49672
GOLDBERG KATZMAN, P.c.
320 Markc:t Street
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234.4161; (717) 234-4161 (facsimile)
Counsel for Plaintiff
GUY H. BROOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. /')1.. - ~ ::U. L
Civil Term
KATHARINE S. BROOKS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE TO DEFEND
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 with twenty (20) days after this
Complaint and Notice are served, by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the claims set forth against you.
You are wamed that if you fail to do so, the case may proceed without you and a judgment may
also be entered against you by the Court without further notice for any money claimed in the
Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or
property or other rights important to you.
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 the Cumberland County Courthouse, Carlisle, Pennsylvania.
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 LA WYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THA T MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
CUMBERLAND COUNTY BAR ASSOCIA nON
32 Court Bedford Street
Carlisle, PAl 70 I3
Telephone: (717) 249-3166
Guy H. Brooks, Esquire
1.0. #49672
GOLDBERG KATZMAN, P,C.
320 Market Street
P. O. Box 1268
Harrisburg, PA 17108.1268
(717) 234.4161; (717) 234-4161 (facsimile)
Counsel for Plaintiff
GUY H. BROOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. at.. - 2.:Jl-t.~
Civil Term
KATHARINE S. BROOKS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE
If you wish to deny any of the statements set forth in this affidavit, you must file a
counter-affidavit within twenty (20) days after this Affidavit has been served on you or the
statements will be admitted.
AFFIDAVIT UNDER
SECTION 3301(d) OF THE DIVORCE CODE
I. The parties to this action have been separated since February, 2003, 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. Section 4904 relating to
unsworn falsification to authorities.
L-S-D?
Date:
~BR{~ Oy
Guy H. Brooks, Esquire
1.0. #49672
GOLDBERG KATZMAN, P,C.
320MarketStrcet
P. Q. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161; (717) 234-4161 (facsimile)
Counsel for Plointiff
GUY H. BROOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
0(,'3.11."
Civil Term
v.
NO.
KATHARINE S. BROOKS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
WAIVER OF COUNSELING
GUY H. BROOKS, being duly sworn according to law, deposes and says:
1. I have been advised of the availability of marriage counseling and understand that
I may request that the Court require my spouse and I to participate in counseling.
2. I understand that the Court maintains a list of marriage counselors in the Office of
the Prothonotary, which list is available to me upon request.
3. Being so advised, I do not request that the Court require that my spouse and I
participate in counseling prior to a divorce decree being handed down by the Court.
I verifY that the statements made in this Waiver are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to
unsworn falsification to authorities.
Date: t- f3.- 0 t
)/1
G
Guy H. Brooks, Esquire
to. #49672
GOLDBERG KATZMAN. P.c.
320 Market Strect
P. O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161; (717) 234-4161 (facsimile)
Counsel for Plaintiff
GUY H. BROOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. df, -.3,u, (,.
Civil Term
v.
KATHARINE S. BROOKS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COMPLAINT IN DIVORCE
1. Plaintiff, GUY H. BROOKS, is an adult individual, who currently resides at 110
Schoolfield Drive, Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant, KATHARINE S. BROOKS, is an adult individual, who currently
resides at 6601 Ariock Cove, Austin, Texas 78739.
3. Plaintiff avers that he has been a bona fide resident in the Commonwealth of
Pennsylvania for a period of at least six (6) months previous to the filing of this Complaint.
4. The parties were married on December 22, 1979, in Gettysburg, Pennsylvania.
5. There have been no prior actions of divorce or annulment filed by either of the
parties hereto with the exception of a Complaint in Divorce in filed by Plaintiff 1997, which
Complaint was later discontinued by Plaintiff. Said action was filed under docket #97-1818 with
the Court of Common Pleas of Cumberland County.
6. Plaintiff has been advised of the availability of counseling and that Plaintiff has
the right to request that the Court require the parties to participate in counseling.
7. Plaintiff requests the court to enter a decree of divorce.
COUNT I
8. The averments of paragraphs 1 through 7 herein are hereby incorporated by
reference thereto.
9. The marriage is irretrievably broken.
WHEREFORE, Plaintiff prays Your Honorable Court to:
a) Enter a Decree in Divorce, divorcing the Plaintiff from the bonds of
matrimony heretofore existing between Plaintiff and Defendant; and
b) Order such other relief as the Court deems just and reasonable.
Guy H rooks
Atto ey I.D. #49672
320 Market Street
P.O. Box 1268
Harrisburg, PA 17108-1268
(717) 234-4161
(717) 234-6808 (facsimile)
Date:
L--b-tJt
Attorney for Plaintiff
2
VERIFICATION
I verify that the statements contained in the foregoing COMPLAINT IN DIVORCE are
true and correct to the best of my knowledge, information and belief. I understand that false
statements contained herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating
to unsworn falsification to authorities.
Date:
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GUY H. BROOKS,
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-3266 Civil Term
KATHARINE S. BROOKS,
CIVIL ACTION - LAW
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:
I. Ground for divorce: irretrievable breakdown under ~ 330l(d) of the Divorce Code.
2. Date and manner of service of the Complaint: June 8. 2006. via Acceptance of Service
siened bv Defendant.
3.
(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 Affidavit required by ~ 330l(d) of the Divorce Code:
June 8. 2006
(2) Date of filing and service of Plaintiffs Affidavit upon the Defendant: Filed. June
8. 2006: Served on Defendant June 8. 2006. via First Class mail.
4. Related claims pending:
5.
(a)
Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: June 8. 2006. via first class mail.
(b) Date Plaintiffs Waiver of Notice in S 3301(c) Divorce was filed with the
prothonotary:
Date Defendant's Waiver of Notice in ~ 3301(c) Divorce was filed with the
protlwoo,,",' ff!J, " I i-' II
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Guy H. Brooks, Esquire
J.D. #49672
GOLDBERG KATZMAN, P.C.
320 Market Street
P. O. BOl( 1268
Harrisburg, PA 17108-1268
(717) 234-4161; (717) 234-4161 (facsimile)
Counsel for Plaintiff
GUY H. BROOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-3266 Civil Term
KATHARINE S. BROOKS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
NOTICE OF INTENTION TO REQUEST
ENTRY OF 6 3301(d) DIVORCE DECREE
TO: KATHARINE S. BROOKS, DEFENDANT
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after June 28. 2006, the
other party can request the court to enter a final decree in divorce.
If you do not file with the Prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in
divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to
this notice.
Unless you have already filed with the court a written claim for economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief. The filing of the form counter-affidavit alone does not protect
your economic claims.
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.
PENNSYLVANIA LAWYER REFERRAL SERVICE
Pennsylvania Bar Association
P.O. Box 186
Harrisburg, P A 17108
Telephone: (800) 692-7375
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GUY H. BROOKS,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-3266 Civil Term
KATHARINE S. BROOKS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
COUNTER AFFIDA "IT UNDER
SECTION 330Hd) OF THE DIVORCE CODE
1.
Check either (a) or (b):
~
(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.
V'/
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 ofIntention 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.
.
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I verifY that the statements made in this Counter-affidavit are true and correct. I
understand that false statements herein are made sUb)J;.ect to he penalties of 18 Pa. C" .S.94904
relating to unsworn falsification to authorities. .) < ~/
Date' / -Q 01 ~V ~
. fa 0./ .0 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 COUNTER-AFFIDAVIT.
: :ODMA IPCDOCSIDOCSlI 35716\1
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GUY H. BROOKS,
Plaintiff
IN THE COURTOF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 06-3266 Civil Term
KATHARINE S. BROOKS,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
ACCEPTANCE OF SERVICE
I, KATHARINE S. BROOKS, Defendant, acknowledge that I received a copy of the
Complaint in Divorce in the above-referenced matter, which was filed with the Court on June 8,
2006, by personally accepting service thereof.
Date: b-?
,2006
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No. 06-3266
Civil
Plaintiff
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VERSUS
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KATHARINE S. BROOKS,
Defendant
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DECREE IN
DIVORCE
AND NOW,
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, U6e,. , IT IS ORDERED AND
DECREED THAT
GUY'H. BROOKS
, PLAI NTI FF,
AND
KATHARINE S. BROOKS
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT
YET BEEN ENTERED;
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