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HomeMy WebLinkAbout03-0440James J. Apollonio Plaintiff Verses Sue Ann Apollonio Defendant :IN THE COURT OF COMMON PLEAS :CUMBERLAND COUNTY, PA. NO. 03"- qc/0 CIVIL TERM :CIVIL ACTION LAW :ACTION IN DIVORCE NOTICE TO DEFEND AND CLIAM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claim 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 of the break down of the marriage, you may request marriage counseling. A list of marriage counselors is available in the office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, PA. 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 CAN NOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE, 4TM FLOOR ONE COURTHOUOSE SQUARE CARLISLE, PA. 17013-3387 (717) 2406200 James J. Apollonio 912 Bosler ave Lemonye Pa 17043 Plaintiff Verses Sue Ann Apollonio 907 Darlene lane Arlinton TX 76010 Defendant J COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE COURT CODE The parties to this action separated on J~anuary 20th 2001 and have continued to live_separate and apart for a period of at least two years. The marriage is irretrievable broken. I understand that I may lose fights concerning alimony, division of property, Lawyers fees or expenses ifI do not claim them before a divorce is granted. Plaintiffrequest the Court to enter a decree of divorce. James J. Apoilonio Plaintiff Verses Sue Ann Apollonio Defendant 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 t~ tmswom falsifiction to authorities. James J.Apollonio JAMES J. APOLLONIO, Plaintiff VS. -' SUE ANN APOLLONIO, : Defendant : : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NUMBER: 03-440 CIVIL TERM IN DIVORCE PRAECIPE Please reinstate Plaintiffs Complaint in Divorce filed on January 29, 2003. 05 / 29 / 2003 DATE CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 Attorney for Plaintiff JAMES J. APOLLONIO, Plaintiff VS. SUE ANN APOLLONIO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: 03-440 CIVIL TERM : : 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 in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, PA. 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 (800) 990-9108 JAMES J. APOLLONIO, : Plaintiff : SUE ANN APOLLONIO, : Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 03-440 IN DIVORCE AMENDED COMPLAINT UNDER §3301[d) OF THE DIVORCE COD~: NOW COMES the Plaintiff, JAMES J. APOLLONIO, by and through his attorney, Charles E. Petrie, and amends his Complaint in Divorce as follows: 1. Plaintiff is JAMES J. APOLLONIO, who currently resides at 912 Bosler Avenue, Lemoyne, County of Cumberland, Pennsylvania, since 2002. 2. Defendant is SUE ANN APOLLONIO, who currently resides at 907 Darlene Lane, Arlington, County of Tarrant, Texas, since January, 2001. 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. The plaintiff and defendant were married on July 11, 1998, in Hawaii. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken, and the parties have resided separate and apart for a period of at least two years. 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. Neither Plaintiff or Defeadant are m~-~mber;~ of the Forces of the United States or any of its allies. 9. 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 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Armed Date: ~--- 2 'q~ - O ) CHARLES E. PETRIE 3528 Brisban Street Harrisburg, PA 17111 (717) 561-1939 ATTORNEY FOR PLAINTIFF JAMES J. APOLLONIO, Plaintiff VS. SUE ANN APOLLONIO, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 03-440 IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER §33011d! OF THE DIVORCE COD~ 1. The parties to this action separated in January, 2001, and have continued to live separate and apart for a period of at least two 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 if I do not claim them before 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 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ~JAMES J. APOLLONIO, PLAINTIFF Date: ~-~ 2- q-O3 JAMES J. APOLLONIO, Plaintiff VS. SUE ANN APOLLONIO, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: 03-440 .- : IN DIVORCE AFFIDAVIT OF NON-MILITARY SERVICF. I, Plaintiff herein, do hereby depose and say that I am advised and believe that the above named Defendant is not presently in the active military service of the United States of America and I aver that the Defendant is not a member of the Army of the United States, United States Navy, the Marine Corps, or the Coast Guard, and is not an officer of the Public Health Service detailed by proper authority for duty with the Army or Navy; nor is Defendant engaged in any military or Navy units covered by the Soldiers and Sailors Civil Relief Act of 1940 and designated therein as military service; nor has Defendant, to the best of my knowledge, enlisted in the military service covered by this act. This Affidavit is made under the provisions of the Soldiers and Sailors Civil Relief Act of 1940. 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 ~E~--J. APOLLONI~, PLAINTIFF JAMES J. APOLLONIO, Plaintiff VS. SUE ANN APOLLONIO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: 03-440 CIVIL TERM : : IN DIVORCE TO: NOTICE OF INTENTION TO RE0, UEST ENTRlr OF ~3301{d) DIVORCE DECR~.~. SUE ANN APOLLONIO (DEFENDANT) 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 July 17, 2003, the other party can request/:he 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 right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU DYoO'U'''?-I'I-O- 'U-L-D- TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF _ u l~u-l' tIAVE A LAWYER OR CANNOT AFFORD n~ ~-*-, ,,,-, ~.,-, TELEPHONE THE OFFICE SET FORTH BEL,~,~,, CAN GET LEGAL HELP. ~,w ~u ~l~ OUT WHERE YOU DAVID J. REED, PROTHONOTARY CAMERON COUNTY COURTHOUSE EMPORIUM, PA 15834 (814) 486-3355 JAMES J. APOLLONIO, Plaintiff VS. SUE ANN APOLLONIO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: 03-440 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICe. CHARLES E. PETRIE, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE and COUNTER- AFFIDAVIT, upon SUE ANN APOLLONIO, defendant, in the above-captioned matter, by mailing a true and correct copy of same by U.S. Certified Mail, return receipt requested, Article Number 70993220000709217866, postage prepaid, on June 27, 2003, to the following address: Name: Sue Ann Apollonio Address: 907 Darlene Lane, Arlington, TX 76010 Defendant personally received said documents on July 8, 2003, as evidenced by her signature on the certified mail return r~ceipt card which is attached hereto and marked Exhibit "A'. I verify that the statements in the foregoing 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. · Complete items 1, 2, and 3. Also Complete item 4 if Restricted Delivery 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 maUpiece, or on the front if space permits. 1. Article Addressed to: PS Form 3811, August 2001 B. Received ~ ( Prtntod ! D. is d~llve~ ~f YES, enter delivery Certified Mail [] E ['1 Registered [] Return Receipt for M'erchar~llse [] Insured Ma~l [] C.O.D. 4. Resbicted Delivery? (Extra Fee) ~j~ Yes ooo ° ':]I q&(A PETRIE PLAINTIFF JAMES d. APOLLONIO, Plaintiff VS. SUE ANN APOLLONIO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NUMBER: 03-440 CIVIL TERM : : IN DIVORCE AFFIDAVIT OF SERVICE CHARLES E. PETRIE, Esquire, being duly sworn according to law, deposes and states that he served a true and correct copy of the NOTICE TO DEFEND, COMPLAINT UNDER SECTION 330 l(d), AMENDED COMPLAINT UNDER SECTION 3301(d), NOTICE and AFFIDAVIT UNDER SECTION 3301(d), and MILITARY AFFIDAVIT, upon SUE ANN APOLLONIO, defendant, in the above-captioned matter, by mailing a true and correct copy of same by U.S. Certified Mail, return receipt requested, Article Number ?o9932~oo0o7og2~??74, postage prepaid, on June 4, 2003, to the following address: Name: Sue Ann Apollonio Address: 907 Darlene Lane, Arlington, TX 76010 Defendant personally received said documents on June 7, 2003, as evidenced by her signature on the certified mail return receipt card which is attached hereto and marked Exhibit "A". [ verify that the statements in the foregoing 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. · Complete items 1.2, and 3. Also complete item 4 if Restricted Delivery Js 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 mailplece. or on the front if space permits. B. Received by (Printed D. Is de~ivery address d~'ent fn3m item 17 I"1 Yes If YES, enter delivery address below: [] No 2. Article Number PS Form 3811, August 2001 Domestic Return R~eipt 3. S ice Type ~h'vc,~ified Mail [] Registered [] Insured Mail 4. Restricted Delivery? (Extra Fee) [] Express Mail [] Return Receipt for Merchandise [] C.O.D. )~Yes PETRIE PLAINTIFF JAMES J. APOLLONIO, Plaintiff VS. SUE ANN APOLLONIO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: 03-440 C, IVILTERM : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of an appropriate divorce decree: 1. Grounds for divorce: Irretrievable breakdown under §330 l(d) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of complaint: June 7, 2003, by certified mail. 3. Complete either paragraph (a) or (b): (a)(1) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff: ; by defendant: (a)(2) Date of execution of the Waiver of Notice of Intention required by §3301(c} of the Divorce Code: by plaintiff: ; by defendant: (b)(1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: May 27, 2003. (b)(2) Date of filing and service of the plaintiffs affidavit upon the respondent: Filed: June 2, 2003; Served: dune 7, ') ~003. 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, a copy of which is attached: July 8, 2003, by certified, restricted delivery. (b) Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: (c) Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the prothonotary: CHARLES E. PETRIE ATTORNEY FOR PLAINTIFF ST~'rE OF JAMES J. APOLLONIO, Plaintiff VERSUS SUE ANN APOLLONIO. INTHE COURT OF COMMON CF CUMBERLAND COUNTY ¢~~ PENNA. PLEAS AND NOW, DECREED THAT NO. 03-440 CIVIL TERM Defendant DECREE IN ~,~ DIVORCE ~- ~. ~ (9 ~-- ' , , It IS ORDERED AND 2003 __, PLAINTIFF, AND SUR ANN AP~LL~NIO __,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 ~ PROTHONOTARY