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HomeMy WebLinkAbout02-5148IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Hayde6 Ayala-Richards, Plaintiff Civil Action Law v. ' 2002- Juan Pedro Comreras-Mendocilla, Defendant In Divorce a v.m 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 legal fights 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 at the First Floor, Franklin County Court House, 157 Lincoln Way East, Chambersburg, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEE 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. Pennsylvania Bar Association Lawyer Referral Service 1-800-692-7375 (PA only) or 717-238-6715 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Hayde~ Ayala-Richards, Plaintiff Juan Pedro Contreras-Mendocilla, Defendant Civil Action Law 2002 In Divorce a v.m. COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Hayde6 Ayala-Richards, who currently resides at 24 Richard Avenue, Cumberland County, Pennsylvania, since June 15, 1998. ~' ~ ~/o/a~t~ ,~ {oo. ~3 2. Defendant is Juan Pedro Comreras-Mendocilla, who currently resides at 165 Flatbush Avenue, Hartford, Connecticut, 06106, since on or about April 18, 2002. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plainfrff and Defendant were married on January 6, 2002, at Lincoln, Nebraska. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. 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. 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 perjury contained in 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Date: ~{-~'-' ~' / oh- ~~''~ H~d~ Ay~~.~chards ~'~':7 39 North Second Strut P.O. Box 362 Chambersburg, PA 17201 (717) 267-2921 Attorney Id. No. 69294 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Hayde6 Ayaia-Richards, Plaintiff Civil Action--Law 02-5148 Juan Pedro Contreras-Mendocilla, Defendant In Divorce a v.m. CERTIFICATE OF SERVICE I, Julie G. Dorsett, hereby certify that on October 24, 2002, I served a true and correct copy of the Complaint under Section 330 l(c) or 330 l(d) of the Divorce Code in the above-captioned matter upon the Defendant by regular and certified mail, return receipt requested, and restricted as to delivery to the Defendant, addressed as follows: Mr. Juan Pedro Contreras-Mendocilla 165 Flatbush Avenue Hartford, CT 06106 The receipt for both regular and certified mail, restricted delivery, and the return receipt dated October 26, 2002, signed by the Defendant are attached hereto and are incorporated herein evidencing said service. ~u~li~rnGr~f20l~tntt i~ ' 39 North Second Street P.O. Box 362 Chambersburg, PA 17201 (717) 267-2921 Attorney Id. No. 69294 October 24, 2002 · .D Postage _11 Certified Fee Return Receipt Fee (Endorsement Require~ Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ . ~0 3 .:~o I. t3 J Reclplent's Name , Please Print Clearly) (To be completed by mailer) r c3 [ 165 Flat.b....u~...h Ave ................................ , t= E/e'~'~/~F"*Sl~;' ............................ - ...... · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delive~ is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1 ._4cie Addressed to: 165 Flatbush Avenue Hartford, C~ . 06106 RESTRICTED DELIVERY A. Received by (Please Print Cleady) B. DatT~ry [] Agent [] Addressee delivery address different from item 17 [] Yes If YES, enter delivery address below: [] No lla [ '~ 3. Service Type I ~ Certified Mail [] Express Mail j [] Registered [] Return Receipt for Merchandise I [] Insured Mail [] C.O.D. · ~ 4. Restricted Delivery? (Extra Fee) X~ Yes 2. Article Number (Copy from service label) 7000 0520 0017 6486 5674 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Hayde6 Ayala-Richards, Plaintiff Civil Action--Law Vo 02-5148 Juan Pedro Contreras-Mendocilla, Defendant In Divorce a v.m. PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on October 24, 2002. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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 perjury contained in 18 Pa.C.S. § 4904, relating to unswom falsification to authorities. Ha~e6 Ayala-J/dchards IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Hayde6 Ayala-Richards, Plaintiff Civil Action--Law v. 02-5148 Juan Pedro Contreras-Mendocilla, Defendant In Divorce a v.m. AFFIDAVIT OF NON-MILITARY SERVICE Neither of the parties to this action are in the mi][itary or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. I verify that the statements made in this Affida,At are true and correct. I understand that false statements herein are made subjecl: to the penalties of perjury contained in 18 Pa.C.S. {}4904, relating to unsworn falsification to authorities. Date: April 19, 2004 -' I~a3~le6 Ayal~]Mchards IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Hayde6 Ayaia-Richards, Plaintiff Civil Action--Law Juan Pedro Contreras-Mendocilla, Defendant 02-5148 In Dive,me a v.m 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 Ms been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE The parties to this action separated on April 18, 2002, and have continued to live separate and apart for a period of at least two (2) 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, ifI do not claim them be. fore 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 perjury contained in 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: April 19, 2004 Hay~ee Ayal~Richards IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Hayde6 Ayaia-Richards, Plaintiff Civil Action--Law v. 02-5148 Juan Pedro Contreras-Mendocilla, Defendant In Divorce a v.m. COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b) but not both: __ (a) I do not oppose the entry of a divorce decree. __ (b) I oppose the entry ora divorce decree because (If you have checked (b), check (i), (ii), or both): __ (i) The parties to this action have not lived separate and apart for a period of at least two (2I} years. __ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b) but not both: __ (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alirnony, division of property, lawyer's fees or expenses ifI do not claim them before a divome is granted. __ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important fights. I understand that in addition to checking (b) above, I must also file ail 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 of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct~ I understand that false statements herein are made subject to the penalties of perjury contained in 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. Date: Juan Pedro Contreras-Mendocilla NOTICE: IF YOU DO NOT WISH TO OPPOSE T~E ENTRY OF A DIVORCE DECREE AND YOU DO NOT WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Hayde~ Ayala-Richards, Plaintiff Civil Action--Law v. 02-5148 Juan Pedro Contreras-Mendocilla, Defendant In Divorce a v.m 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 Section 3301(d). 2. Date and manner of service of the complaint: simultaneous regular and certified mail, return receipt requested and restricted as to delivery to the Defendant, adequate postage attached, on October 26, 2002. 3. (1) Date of execution of the plaintiff's affidavit required by Section 3301(d) &the Divorce Code: April 19, 2004. 21,2004. (2) Date of service of the plaintiff's affidavit upon the defendant: April 4. Related claims pending: none. 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: April 21, 2004, by regular mail, adequate postage attached, to Juan Pedro Contreras-Mendo~lla, at 165 Flatbush Avenue, Hartford, CT, 06106. ~~~ Ju?/JG. )fforsett, Attorney for Plaintiff 39qS/orth Second Street P.O. Box 362 Chambersburg, PA 17201 (717) 267-2921 Sup. Ct. Id. No. 69294 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Hayde6 Ayala-Richards, Civil Action--Law Plaintiff : v. 02-5148 Juan Pedro Contreras-Mendocilla, Defendant In Divorce a v.m NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Juan Pedro Contreras-Mendocilla 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 May 14, 2004, 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 fight to ask for economic relief The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE TH/S 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 Bar Association Lawyer Referral Service 1-800-692-7375 (PA only) or 717-238-6715 IN THE COURT Of COMMON PleAS Haydee Ayala-Richards Plaintiff VERSUS Juan Pedro Contreras-Mendocilla DefeDRant OF CUMBERLAND COUNTY STATE OF PENNA. N O. 02 5148 DECREE IN DECREED THAT ~ee Ayala-Richards , PLAINTIFF, AND Juan Pedro Contreras-Mendocilla ,DEFENDANT, ARE DIVORCED FROM THE BONDS Of MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOI_LOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; It is further ordered that the Plaintiff shall pay the costs of this proceeding. PROTHONOTARY +~-+ ++ + + +4-++ +++++ ++ ++ ++++++++4- +~++++++++++ ++++++++++++++++.