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HomeMy WebLinkAbout03-0359BARBARA A. TRIVELLI, Plaintiff ANTHONY J. TRIVELLI, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003- 3 T'~ 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 Prothonotary's Office 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 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, Pennsylvania 17013 (717) 249-3166 BARBARA A. TRIVELLI, Plaintiff ANTHONY J. TRIVELLI, JR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003- ~Jq CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Barbara A. Trivelli, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Barbara A. Trivelli, is an adult individual who currently resides at 304 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania 17257. 2. The Defendant, Anthony J. Trivelli, Jr., is an adult individual who currently resides at 304 High Mountain Road, Shippensburg, Cumberland County, Pennsylvania 17257. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on September l 9, 1970 in Cherry' Hill, New Jersey. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Barbara A. Trivelli, respectfully requests your Honorable Court to emer a decree in divorce pursuant to 23 P.S. § 3301(c) or 3301(d) of the Divorce Code. Date: Respectfully submitted, Attorney for the Plaimiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - F^X VERIFICATION 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. § 4904, relating to unsworn falsification to authorities. ./'barbara A. Td'vell~, 151aintiff 5 BARBARA A. TRIVELLI, Plaintiff ANTHONY J. TRIVELLI, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-359 CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 24th day of January 2003, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Barbara A. TriveIli, and states that the Complaint in Divorce in the above captioned matter was served upon the Defendant, Anthony J. Trivelli, Jr., by hand-delivery as evidenced by the attached Acceptance of Service executed on January, 24, 2003. Respectfully submitted, Thomas S. Diehl Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX BARBARA A. TRIVELLI, Plaintiff ANTHONY J. TRIVELLI, JR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003- CIVIL TERM : CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Anthony J. Trivelli, Defendant in the above-captioned matter, hereby accept service of the Complaint in Divorce in full satisfaction of the Pennsylvania Rules of Civil Procedure. DATE: ~'q I ttON~$. TRIVELLI, Jla., D~fen-dan~ BARBARA A. TRIVELLI, Plaintiff V. ANTHONY J. TRIVELLI, JR., Defendant PRAECIPE TO : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2003-359 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under § 3301(c) ~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on January 24, 2003, via an Affidavit of Acceptance of Service signed for by the Defendant, Anthony J. Trivelli, Jr. 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by the Plaintiff.' April 24, 2003; by the Defendant: April 24, 2003. (b) (1) Date of execution of the Plaintiff's Affidavit required by § 3301 (d) of the Divorce Code: (2) Date of service of the Plaintiff's Affidavit upon the Defendant: 4. Related claims pending: None 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: April 24, 2003; by the Defendant: April 24, 2003. Date: April 23, 2003 · Di~hl, Esqu&e Attorney for Plaintiff IN The COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. BARBARA a. TRIVELLI, Plaintiff VERSUS aNThONY J. TrIVEILI: JR.: Defendant No. 2003-359 DECREE IN DIVORCE AND NOW, BARBARA A. TRIVELLI DECREED THAT AND ANTHONY J. TRIVELLI, JR. , IT I$ ORDERED AND PLAINTIFF, , 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 BY THE COURT:/ Jo PROTHONOTARY