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HomeMy WebLinkAbout02-4087 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KRISTI L. BRESSLER, Plaintiff v. CIVIL ACTION - LAW NO.2002- lfoP7 G~l'r~ KENNETH L. BRESSLER, Defendant 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pa. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRIST! L. BRESSLER, Plaintiff v. CIVIL ACTION - LAW NO. 2002- 4o~7 (?,~~( <-r~ KENNETH L. BRESSLER, Defendant IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 28TH day of August, 2002 comes Plaintiff, Kristi L. Bressler, by and through her attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: I. The Plaintiff is Kristi L. Bressler, an adult individual, who currently resides at 1860 Walnut Bottom Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Kenneth L. Bressler, an adult individual, whose last known address was 3512 Grier Point Road, Marysville, Peny County, Pennsylvania 17053. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on November 4,2000, in Newville, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts are averred and brought under Sections 3301(c) or, in the alternative, 3301(d) of the Divorce Code of 1980, as amended. 6. Alternatively, Plaintiff avers that the Defendant has offered such indignities to her, the injured and innocent spouse, as to render her condition intolerable and her life burdensome, The foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as amended, 7. The Plaintiff has been advised of the availability of counseling, and that the Plaintiff may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. 8. The date of separation of Plaintiff and Defendant is April I 0, 2002, WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, divorcing the Plaintifffrom the Defendant. Respectfully submitted, HANFT & KNIGHT, P.C. "\ ichael J. H , Es Attorney LD. No. 57976 Lindsay Gingrich Maclay, Esquire Attorney LD. No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 Attorneys for Plaintiff F:\User Folder\Firm Docs\Gendocs2002\2815_1 .div,complainLwpd VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. 4401 ~PA. Kn . 1. Bres r ~~~ r-f.~ ~ ~ ~ ~ ~ <:1 lY F' Y- o c ? -ol~;; Qlf~1 ...-.'7""" ?)~:.~ ~?fj ~~2 L"'::: =< Cl 1'-> ~ 'i5 N co o "" '~Q ':'-y '~CJ 1'-'-' '. ~i1 .) ......-) ....... ',~ t., ..l..J G.n 'i:-i 'i3 -< -0 ::r.: N :,.) (,) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTI L. BRESSLER, Plaintiff CIVIL ACTION - LAW v. NO. 2002 - 4087 KENNETH L. BRESSLER, Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 3rd day of September, 2002, I, Lindsay Gingrich Maclay, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on August 29, 2002, but actual service took place on August 30, 2002, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: Mr. Kenneth L. Bressler 3512 Grier Point Road Marysville, Pennsylvania 17053 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, HANFT & KNIGHT, P.C. ~.~~ i dsay Gi . M~ay, Esquire Attorney ill No. 87954 19 Brookwood Avenue, Suite 106 Carlisle, PA 17013-9142 (717) 249-5373 F:\User Foldcr\Finn 00cI\Gend0cs2002\281 S-l.cert.scrv.wpd Attorneys for Plaintiff Ll1 m I:J ::r Total Postage & Fees $1. 75 $3.50 $8.15 ..J:I ;;r- ru ;;r- ~ostage $ J Certified Fee turn Receipt Fee ru (End ement Required) I:J CJ Restricted Delivery Fee C (Endorsement Required) I:J I:J ;;r- m a- a- I:J r- · Comp/ete Iteme 1, 2, IIld 3. AIIo CClIllpMte item 4 If Re8trIcted DelIvery Is deInd. · PrInt your n.me IIld ~ 0Il1he 1WY8I8e SO that we CIII1 rwtum the C8/'d to you. · Attach this carel to the ~ 01 the mallp/eee, or OIl the front If Ip8Ce P8I'TIlIta. 1. Article Add...., to: deIIwry ec:fchM dItIINnt fnlm n.m 1? If YES, enter delivery -**- below: Domestic Return Receipt 102595-02-M-OSSS ,- ---------..-.-- ) ) ) ~ () 0 0 c:. r-.> -on s: (..1) .., -0(\.\ r'"l ,- ~ rIl"' -0 :;:'"w S-. I -,-,:I, Z {)~ ,-. (,..-' -; 'f ~ .':C) r' C --n I ...:;: -n :i~ C ~~ -;-'" ("') ,,-(. r;:- :~-)...n ~C::': .~ ~ .~-.... ..;:;\ '5:1 N '< ) ) b ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTI L. BRESSLER, Plaintiff CIVIL ACTION - LA W v. IN DIVORCE KENNETH L. BRESSLER, Defendant No. 2002-4087 PRAECIPE FOR WITHDRA'V AL OF APPEARANCE TO THE PROTHONOTARY: Please withdraw my appearance on behalf of the Plaintiff, Kristi L. Bressler, in the above- captioned matter. Date: J{bfU4Kj 2."1, '2llll.3 din42~~~~J:; i Cisay Gin . hfMac y Saidis, Shuff, Flower & Lindsay 26 West High Street Carlisle, Pennsylvania 17013 (717) 243-6222 PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please enter my appearance on behalf of the Plaintiff, Kristi L. Bressler, in the above- captioned matter. Date: Z[2-'103 HANFT & KNIGHT, P.C. Jef:E~ Attorney LD. No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff F IUser FolderlFirm Docs1Gendocs2003\2815-1 prae. with. wpd (") c: <"" -005 rt1n-: z:::r-' zr- ~?z-~ r:'-- ~t,._ ':P,..., Zc: )>c ~ o G.:' o -n --re ,....- '-1 (~-~ '::; i C) -c ::10: ~~ff; 5:J -< W t),,\ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KRISTI L. BRESSLER, Plaintiff No. 2002-4087 v. CIVIL ACTION - LA W KENNETH L. BRESSLER, Defendant (In Divorce) PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the Record, together with the following information, to the Court for entry of a Decree in Divorce: 1. Ground for Divorce: irretrievable breakdown under Section 3301(c) ofthe Divorce Code. 2. Date and manner of service of the Complaint: Defendant was served via Certified Mail, Return Receipt Requested, Restricted Delivery, by signing the domestic return receipt on August 30, 2002. A Certificate of Service was filed and docketed at the above-referenced docket number on September 3, 2002. 3. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Affidavits of Consent on October 18, 2005, which Affidavits are being filed simultaneously herewith. 4. Related claims pending: None. 5. As required by Section 3301(c) of the Divorce Code, Plaintiff and Defendant executed their respective Waiver of Notice forms on October 18,2005, which Waivers are being filed simultaneous herewith. Date: JO!IQ!D5"" By: L~.l ,", ~1 " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTI L. BRESSLER, Plaintiff No. 2002-4087 v. CIVIL ACTION - LAW KENNETH L. BRESSLER, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 28, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and at least ninety (90) 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 the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. 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: / () -/(1- t) S- ("') '>~-l '! c~. ,~, ~," >.' :.~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KRISTI L. BRESSLER, Plaintiff No. 2002-4087 v. CIVIL ACTION - LAW KENNETH L. BRESSLER, Defendant (In Divorce) 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! 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 I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. Date: !t7-I?- tJ _\ . I~-', " ,- ~) :::! f',) C) ,~ ,. j c... ' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KRISTI L. BRESSLER, Plaintiff No. 2002-4087 v. CIVIL ACTION - LAW KENNETH L. BRESSLER, Defendant (In Divorce) AFFIDAVIT OF CONSENT COMMONWEALTH OF PENNSYLVANIA ) SS. COUNTY OF CUMBERLAND ) 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 28, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and at least ninety (90) 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 the Notice of Intention to Request Entry of a Divorce Decree. I verify that the statements made in this Affidavit are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S., Section 4904 latin unsworn falsification to authorities. Date: lv-If} -Dr ("',J --I \~.- ,: c=~ ~-~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KRISTI L. BRESSLER, Plaintiff No. 2002-4087 v. CIVIL ACTION - LA W KENNETH L. BRESSLER, Defendant (In Divorce) 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 I further understand 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 Waiver are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. c.s. 94904, relating to unsworn [; . ation to authorities. fO!tV )o~ I Date: <:.:) :"..,,~) '---;-, r . ~~+.~:+:~~~~~~+:+:++~~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + ;+:~~~~~+ ~ + + + + + + + + + + + + + + + + + + ~;f.:f.'F. +: ;+::+: Of. '+ 'F.;f. ~ ;+: ;+: Of. :f.Of.,.,~'Io; ;+: ;+: +::f.;f.i+i+ ++ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY + + + + + + + + + + + + KRISTI L. BRESSLER, STATE OF PENNA. No. 2002-4087 Civil Term Plaintiff VERSUS KENNETH L. BRESSLER, + + Defendant + + + + DECREE IN + + DIVORCE + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + AND NOW, CVtW 1.-,.0 , IT IS ORDERED AND 2005 Kristi L. Bressler DECREED THAT , PLAINTIFF, AND Kpnnprh T. R("C?~Q.le-r , DEFENDANT, 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. + + + + + + + + + + + + + + + + + + + + + + :+: Of. + +: +: ,. ... jl~, PROTHONOTARY ++ + '+' :t' Of + + 'l';+: +: +: ;+:+ :+:'f~+ +;+:+.+'10;;+:+:+;+:+ ;+:~+.:+:++~ ~ '++++:10' '1''1'+++ J. + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + H+ ~ ~4 ~ ~ ~Lt, 50 (f'c71 ~l.70ViI ~.;'7 '!/ 177Mi ~,~ -:PO 5Vt.f-lll . . \, . ~~ :"." IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA KRISTI L. BRESSLER, Plaintiff No. 2002-4087 v. CIVIL ACTION - LAW KENNETH L. BRESSLER, Defendant (In Divorce) NOTTCE OF INTENTION TO RESUME PRIOR N c\ME NOTICE IS HEREBY GIVEN t:ml KRISTi L. BRf'::SSLER, ;h~ Pluintiff in the above- captioned matter, having been granted a Final Decree in Divorce on October 27, 2005, hereby intends to resume and hereafter use the previous name of KRISTI L. COOPER, and gives this written notice avowing her intention in accordance with the provisions of the Act of April 2, 1980, P.L., 23 P.S. 702, effective July I, 1980. ~.~ fl. l~L--C KRISTI L. BRE LER, Petitioner TO BE KNOWN AS: ..I/~ .../. CZInL/f/ ~I L. COQMR / COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF DAUPHIN ON this, the 3,'9. day of \-..\",'{'\,\y,\ , 2005, before me, a Notary Public, personally appeared KRISTI L. BRESSLER, now to be known as KRIST! L. COOPER, known to me or satisfactory proven to be the person whose name is subscribed to the within instrument and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seaL \ \'\\, \ 1(\"" \. " ~ \'C\ 'Cj~,.,. . Notary Public COMMONWEALTH OF PENNSYL Notarial Seal Michelle M. Bross, Nolllry Public Lower Paxton Twp., Dauphin County My Commission Expires Sept. 23, 2006 Member, Pennsylvania Associatioo of Notaries '<It- C) ~,' r::> ;- Co, () ~ = --.J <::~n -n ~ p :7': ;:l c) ~ "j:D "" ' r-=- , ir: "" -.J C:) --- - --.;:, """n i ~ ~ '.., :J'_' <S<l1 ;:: r:? ~ 0 '--, \.)oJ , .;:-- .:0 ., ~,- c:.....---..":':' ~ ';:' y