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HomeMy WebLinkAbout03-0367Justina Montanez, Plaintiff Scott J. Fairchild, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 3/..."i' cIVIL ACTION - LAW IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 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 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 Jam Attor,,~ Miller, Esquire for Plaintiff Justina Montanez, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. : Scott J. Fairchild, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCF 1. Plaintiff is Justina Montanez , who currently resides at 212 White Dogwood Drive Etters, PA 17319. 2. Defendant is Scott J. Fairchild who presently resides at 1708A Main Street, Mechanicsburg, PA 17055 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on September 14, 2002, in York County, Pennsylvania. parties. There have been no prior actions for divorce or annulment between the 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. 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. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODF 9. The prior paragraphs of this Complaint are incorporated herein reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. by WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Defendant; Plaintiff and Respectfully Submitted, Miller Lipsitt LLC BY: J/.~S~'~. Miller, Esquire ~_~t. _or~y for Plaintiff 215 Market Street 5/~Mal ~/.///~mp Hill, PA 17011 7) 737 6400 Justina Montanez, Plaintiff Scott J. Fairchild, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION ~ LAW : IN DIVORCE VERIFICATION I verify that the statements made in this Divorce 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. Justin~//lontanez, P[~aifi'tiff ~) J ILLER LIPSITT LLC 2157 Market Stt~,et Camp Hill, PA 17011 717-737-6400 Fax: 717-737-5355 Juetina Montanaz, Plaintiff Scoff J. Fairchild, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03.367 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the, Divorce Code was filed on January 23, 2003, and service was obtained upon the defendant by Defendant accepting personal service thereof on January 30, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse a~d I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I par[icipate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: Jus~z LIPSITT LLC 2157 Market Street C amp HiH, PA 17011 717-737-6400 Fax: 717-737-~355 Justina Montanez, Plaintiff Scott J. Fairchild, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-367 : : CIVIL ACTION. LAW .' IN DIVORCE _.WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .SECT ON 3301(c) OF THE DIVORCE CODt- 1. I consent to the entry of a final decree of divorce wit,bout 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities. LIPSITT LLC 2157 Mark~,t SLiX, et Camp llill, P:\ 17011 7] 7-737-6400 Fax: 717-737o53.~5 Juaflna Montanez, Plaintiff Mo Scott J. Fairchild, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-367 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 23, 2003, and service was obtained upon the defendant by Defendant accepting personal service thereof on January 30, 2003. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree ~n Divorce after service of notice of intention to request entry of the decree. 4. 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. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 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. understand that false statements herein are made sub C.S.A. Section 4904, relating to unsworn falsification Date: Sc verify that the statements made in this Affidavit are true and correct. I iect to the penalties of 18 Pa. LIPSITT LLC 2157 Market Sift, et Camp Hill, 1~ 1701'1 717-737-6400 Fax: 717-737-~355 Justina Montanez, Plaintiff Scott J. Fairchild, Defendant : IN THE COURT OF COMMON PLEAS · ' CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-367 : CIVIL ACTION. LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODF 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of~ Date: "~-14-O~ Scott J.~Fairchi~,~ ILLER LIPSITT LLC 2157 Market Street Camp Hill, PA 17011 717-737-6400 Fax: 717-737-5355 www. paatlaw, com Justina Montanez, Plaintiff Scott J. Fairchild, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-367 : : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE OF DIVORCE COMPLAINT l, Scott J. Fairchild, Defendant in the above captioned matter do hereby on the date indicated below accept service of the divorce complaint flied by Plaintiff, Justina Montanez, to the above term and docket. Date: M LLER b TT ~ 7-737-64(~ Fax: 717-737-53~g~ 3ustina Montanez, : Plaintiff : : v. : NO. 03-381 Scott J. Fairchild, : CIVIL ACTION - LAW Defendant : IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA PRAEClPE 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 f or divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant accepted personal service of a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on January 6, 2004. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: July 8, 2004 by Defendant: July 19, 2004 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: July 16, 2004 by Defendant: August 18, 2004 4. Related claims pending: There are no related claims pending. Respectfully Submitted, Law Offices.,,of~. ~s A. Miller By: ~j~m~ss ~" M~ille r, Esquire Att,e'rne.y for Plaintiff ~57 Market Street ~Camp Hill, PA 17011 ~ (717) 737-6400 Justina Montanez Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~~ PENNA. NO. 03 367 VERSUS Scott J. Fairchild Defendant AND NOW, DECREED THAT DECREE IN DIVORCE Justina Montanez , PLAiNTiFF, AND Scott J. Fairchild , 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; BY THE COURT: ~J. THONOTARY