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HomeMy WebLinkAbout97-05494 , ! , i '1 " I I ~ 1 ~ ~ ~ , ~ ~ !\ ~ lit ~ t "" c ~ 'f ( " ~ :-- . " , I .,J I, i .. ~ TO THE PROTHONOTARY: Please transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under ~3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: service by certified United States mail, return receipt requested, restricted delivery, on October 10, 1997, as set forth in Affidavit of Service filed herein. 3. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: by Plaintiff: January 11, 1998; by Defendant: January 13, 1998, 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 15, 1998; Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 15, 1998. IN...."I.IlI', Date: January 15, 1998 j~~2~9~ Marlin R, McCaleb, Esqu~re Attorney for Plaintiff M^,HI~~ If ~,. ( _\1 I II " Q ill 0 :.. , ..., I ; ,- ':1 (I '". -'1" , il .' 1'" L"~ -::J , , C1 . "' , ::1;; :,} !.'"l - l ri I .. :::, - ',,, 0_' OJ' _.,~ (;) -<; I ~ r I ~ _. M~;::-;:;;:'~'= (ji) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. CIVIL TERM CIVIL ACTION = IN.DIVQRCE ., , r--l (', CF ": '. . ,T.i-,y SUSAN L. MALATESTA, Plaintiff g7r'~'-7 l'i l:n6 C~;. .,'....' "_ ,.'JY ~,', ;, ,.,,' '.:, VB. 4/7t:~O '-- .kJ"(' \ S'a+ 1 /rft).so ~ Pel n#y <2k-.4 /~.(J7 p...JL S'~30r RONALD A. MALATESTA, JR., Defendant COMPLAINT IN DIVORCE f,. LAW OFFICES u(tmlin fll. ulli(ia/4!~ FRANKE BERGER PLACE 219 EAST MAIN STREET POBOX 230 MECttANICSBURG. PENNSYLVANIA 11055 , " ._U_ ,.;...:c.-='~---::::-~::r't~ 1.\"" .111" I., M^'H IN II M, I. ^IIB SUSAN L. MALATESTA, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW No,Q?-S"'9'1 CIVIL TERM CIVIL ACTION - IN DIVORCE RONALD A. MALATESTA, JR., 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, If the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at Cumberland County Court House, Carlisle. 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 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 WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor Cumberland County Court House One Court House Square Carlisle, Pennsylvania 17013-3387 (717) 240-6200 ~ ,J:) / J (/~~{;;U, Marlin R. McCaleb Attorney for Plaintiff COMPLAINT UNDER SECTION 3301/0) OR 3301/d) OP THE DIVORCE CODE 1. Plaintiff is SUSAN L, MALATESTA, who currently resides at 94 Brindle Road, Mechanicsburg (Monroe Township), Cumberland County, Pennsylvania 17055, since March 8, 1997. 2. Defendant is RONALD A. MALATESTA, JR" who currently resides at 117 South Broad Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania 17055, since March 8, 1989. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 20, 1989, at Allenberry, Cumberland County, Pennsylvania. 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 your Honorable Court to enter a -2- 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., Section 4904, relating to unsworn falsification to authorities. san L. Malatesta, Plaintiff ~(j~?t!6t/~ Marlin R. McCaleb Attorney 1.0. No. 06353 It? , 1997 219 East Main Street P.Q, Box 230 Mechanicsburg, Pennsylvania 17055 (717) 691-7770 FAX: (717) 691-7772 Attorney for plaintiff " I flW (llllll', MhlH.lN I~ MIl ^\.!:!'! -3- ,---~ .' .~.._,. .-~-~.r-- I \ APPIDAVIT OP MARRIAGE COUNSBLING Susan L. Malatesta, 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 that my spouse and I 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 counselling prior to a divorce decree being handed down by the court, 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: i/J'7 , 1997 I ,YN ,,'11< I., MMlIlN II M,t.\1114 -----~---~..._,-------- -_..~--- --~-_._---- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5494 CIVIL ACTION - IN DIVORCE ."\ ('-: . ~ . . ,. , ,j',if "] ,r r" l' j 1",1 '" I: ;:'11 w SUSAN L. MALATESTA, Plaintiff l..I-,.' '. PI , ,',:'( 1-.- VB. RONALD A. MALATESTA, JR., Defendant AFFIDAVIT OF SERVICE LAW OFFICES t/ltmIH. f1Jl. uIlEt1!aIe~ FRANKEBERGER PLACE 219 EAST MAIN STREET POBOX 2J() MEC'iANICSBURG. PENNSVLVANIA 17055 -~- -"i~' i~'J.;.;;::'';;;~l' t' \, , ,- ..;;...::..-:--~ -~._~:!:"'~ l......'lIllfl MAIHINH M'I."1111 AFFIDAVIT OF SERVICE MARLIN R. McCALEB, Esquire, certifies and says: that he is the attorney for Susan L. Malatesta, the Plaintiff in the above-captioned action; that on behalf of said Plaintiff, he did file Plaintiff's Complaint in Divorce in the Office of the Prothonotary of Cumberland County, Pennsylvania, on October 7, 1997; that pursuant to Rule No. 1930.4(c) of the Pennsylvania Rules of civil Procedure, he did serve said Complaint upon Ronald A. Malatesta, Jr., the Defendant herein, by depositing a true and attested copy of said Complaint, properly endorsed with Notice to Defend and Claim Rights, in the mail in the post office at Mechanicsburg, Cumberland County, Pennsylvania, on October 7, 1997, properly addressed to the said Defendant at his place of residence at 117 South Broad Street, Mechanicsburg, Pennsylvania, 17055, with proper postage attached, certified United States mail (Receipt No. P 979 977 937, return receipt requested, restricted delivery); that thereafter he did receive said return receipt card bearing the signature of Ronald A. Malatesta, Jr., the Defendant herein, and indicating receipt of said copy of the Complaint on October 10, 1997; that the said certified mail receipt and return receipt card are attached hereto and made a part hereof, marked Exhibit "A". 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 16 Pa. C,S., Section 4904, relating to unsworn falsification. kx?doa~ Marlin R. McCaleb Date: October 15, 1997 t..'.....'JlII'I', MAHUN ,~ Ml C AU.!l -2- p ..~ "177 "137 TO: Ronald A. Malatesta. Jr. 117 South Broad Street Mechanlcsburg. PA 17055 IINDER: R.FERENCE: - IIEllJRN . RECEIPT IERIIICE ""- '" """'~,.. 1kJ.....lSIM ....-...d ~ 0...., TocII"'IIlCl'''' .----------.- US Postal Service , \ Ill: 1INOl!1l: Marlin R. McCaleb. Esquire 219 East Main Str~et P.O. Box 230 Mechanicsburg. PA 17055 Iloo wIII1 to __ tile IolIowIng -. (fat_III 1"'" feoI: 1.0:;... WI 2.~~- ConIuIt polIlmUtor for 1M. a. iCe umber p ~ "177 "137 1.1111.111111 I 3. MIele Addrooaod to: Ronald A. Malatesta. Jr. 117 South Broad Street Mechanicsburg. Pennsylvania 17055 CERTlF11D 8. INN "II.. t', M.\IH Ir~ Il Pl." C ,\1111 Exhibit "An APFIDAVIT OP CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 7, 1997. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date and service of of filing/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., Section 4904, relating to unsworn falsification to authorities. Date: January~, 1998 ~,--t~, Susan L. Malatesta, Plaintiff 1.....\''''''1', MMH IN II M.c .\1111 , WAIVER OP NOTICE OP INTENTION TO REQUEST ENTRY OP A DIVORCE DECREE UNDER 13301 Ic) OP THE DIVORCE CODR 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 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. Section ~4904, relating to unsworn falsification to authorities. Date: January 11-, 1998 I II... ""10 I', M.\'llltj ff ~"l .\1 LIt , n ~; "r:ii" ~.: ~~~ .n C;l '- ,:.. ("l ~<1 ! ,:'1 " 1nl ,';::) {(:, "'J .-, .'U::') .. :irn ~I ~ .< :i.: i.'p VI ~ .' ' "Tl -., .'~" I ~ -. UJ APPIDAVIT OP CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 7, 1997, 2. The marriage of plainciff 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., Section 4904, relating to unsworn falsification to authorities. Date: January~, 1998 ~A. ~""...........:;) J~. Ronald A. Malatest~ Jr., DEFENDANT \ J\ '. , (") UJ 0 ~ W -n :"< '- ,,-j 'T.l(T' -,',. :::~i [~-.! ~,j '.. ~-4. " , :.; j ~' Ul " ,-'. r-.' : -.1 }->i ;~',,: I.~ ') ::1': ;~j:l ,0 ~:t.; - om .. ~,-l ;t.. ~ (lJ :Q \, SUSAN L, MALATESTA, Plaintiff IN THE COUkT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. NO, 97-5494 CIVIL TERM RONALD A. MALATESTA, JR" Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OP INTENTION TO REQUEST ENTRY OP A DIVORCE DECREE UNDER 13301 Ie) OP 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 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. Section ~4904, relating to unsworn falsification to authorities, Date: January~, 1998 ~ ~,lot=...-o Ronald A. Malatesta, Jr.; Jr ., DEFENDANT , (') \D ,., c: W 0"'1 ~ ~~ ,- -J ""'01:"; enl ~ )~ ;", :TI ..-': ~.I , .- ,In "I ::~6 ::!).'. <';1 ! ";\. 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