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Home My WebLink About03-1092LEONARDO ARCA, VS. NOEMI P. ARCA, Plaintiff, · Defendant. · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 1:2)3 - CIVIL ACTION - 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, Hanover and High Streets, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNUL- MENT 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 TELEPH- ONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Phone: 717-249-3166 or 800-990-9108 LEONARDO R. ARCA, VS. NOEMI P. ARCA, Plaintiff, · No. ~5,.~ -- IO5~,~ Defendant. : Civil Action - In Divorce COMPLAINT UNDER SECTION 3301(C) OR 3301(d) OF THE DIVORCE CODE 1. · 1N THE COURT OF COMMON PLEAS · CUMBERLAND COUNTY, PENNA. Plaintiff is Leonardo R. Arca, who currently resides at 155 Tory Circle, Enola, the parties. Persian Gulf. 4. The Plaintiff and Defendant were marred on February 5, 1996 in Bahrain, 5. There have been no prior actions of divorce or annulment of marriage between 6. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 7. The marriage is irretrievably broken. Complaint. Cumberland County, Pennsylvania, 17025 since December 1999. Plaintiff's Social Security No. is 557-37-0464. 2. Defendant is Noemi P. Ama, who currently resides at 127 Joya Circle, Harrisburg, Dauphin County, Pennsylvania, 17112 since December 2002. Defendant's Social Security No. is 186-76-6376. 3. The Plaintiff and Defendant have been bona fide residents of the Common- wealth of Pennsylvania for at least six months immediately previous to the filing of this 8. 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. COUNT I REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301(a)(2) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. Plaintiff avers that in violation of their marriage vows and the laws of the Commonwealth of Pennsylvania, Defendant has committed adultery. 11. Plaintiff is the innocent and injured spouse. 12. This action is not collusive as defined by Section 3309 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301 (a)(2) of the Divorce Code. 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 falsifications to authorities. LRONARDO IRA II. WEINSTOCK, P.C. 800 North Second Street Harrisburg, PA 17102 Phone: 717-238-1657 IRA H. WEINSTOCK LEONARDO ARCA, Vo NOEMI P. ARCA, Plaintiff · Defendant ' IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1092 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To the Prothonotary: Please enter the appearance of Andrew C. Spears, Esquire, on behalf, of the Defendant, Noemi P. Arca, in the above matter. METZGER, WICKERSHAM, KNAU~S & ERB, P.C. Andrew C. Spears, Esquire Attorney I.D. No. 87737 P.O. Box 5300 Harrisburg, PA 17110-0300 (717) 238-8187 Dated: Attorneys for Defendant Document #: 266365.1 CERTIFICATE OF SERVICE I, Andrew C. Spears, Esquire, of the law firm of Metzger, Wickersham, hereby certify that I served a tree and exact copy of the Praecipe for Entry reference to the foregoing action by First Class Mail, postage prepaid, this '] J on the following: Cnauss & Erb, P.C., if Appearance with }lay of April, 2003, Im H. Weinstock, Esquire Im H. Weinstock, P.C. 800 North Second Street, Suite 100 Harrisburg, PA 17102 Andrew C. Spears, Esquire Document #: 266365.1 LEONARDO ARCA, Plaintiff, NOEMI P. ARCA, ' Defendant. · IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 03 - 1092 Civil Term CIVIL ACTION - IN DIVORCE ACCEPTANCE OF SERVICE I, Noemi P. Arca, Defendant in the above-captioned matter, hereby accepts service of the Complaint in Divorce. Dated: 04/07/2003 NOEMI P. AR~A LEONARDO ARCA, VS. NOEMIP. ARCA, Plaintiff, De~ndant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 03 - 1092 CIVIL ACTION - DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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, ifI 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. §4904 relating to unsworn falsification to authorities. LEO.NARDO ARCA ~/ LEONARDO ARCA, VS. NOEMI P. ARCA, Plaintiff, Defendant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : No. 03 - 1092 : CIVIL ACTION - DIVORCE WAIVEll OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF 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, ifI 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 Affidavi[t are tree and correct. I understand that false statements herein are made subject to the-penalties of 18 P a.C.S. §4904 relating to unsworn falsification to authorities. Dated: '~- lq- 0:2) ~ NOEMI P. ARCA LEONARDOARCA, VS. NOEMI P. ARCA, Plaintiff, Defendant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 03-1092 CIVIL ACTION - DIVORCE AFFIDAVIT OF SERVICE Ira H. Weinstock, Esquire, being duly sworn according to law, deposes and says that he mailed a true and correct copy of the Complaint in Divorce upon the Defendant on March 14, 2003, by depositing it in the United States mail, return receipt requested, restricted delivery addressed as follows: Ms. Noemi P. Acra, 127 Joya Circle, Harrisburg, Pennsylvania, 17112. The return receipt signed by the Defendant is evidence of delivery to her and is attached hereto as Exhibit "A". I verify that the statements made in this Affidavk are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to nnsworn falsification to authorities. IRA H. ~rEINSTOCK ~ ,t~dorsene~t Require') EXHIBIT LEONARDO ARCA, VS. NOEMI P. ARCA, Plaintiff, Defendant. 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 03-1092 CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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 of18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: LEONARDO ARCA, VS. NOEMIP. ARCA, Plainti~ De~ndant. : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNA. : No. 03-1092 : CiVIL ACTION - DiVORCE AFFIDAYqT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 12, 2003. 2. The marriage of Plaintiffand Defendant is irretrievably broken and ninety (90) 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 tree and correct. I understand that false statements herein are made subject to the penalties of18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Dated: "~- 1~- 05 LEONARDO ARCA, Plaintiff, VS. NOEMI P. ARCA, Defendant. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA. No. 03- 1092 Civil Action - Divorce PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: March 17, 2003 by return receipt requested, restricted delivery. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divome Code: by Plaintiff on July 18, 2003; by Defendant on July 19, 2003. 4. Related claims pending: No claims pending. 5. Date Plaintiff's Waiver of Notice in Section 3301(c) of the Divorce Code was filed with the Prothonotary: July 29, 2003. 6. Date Defendant's Waiver of Notice in Section 3301(c) of the Divorce Code was filed with the Prothonotary: August 12, 2003. Respectfully Submitted, IRA H. WEINSTOCK, P.C. 800 No~h Seco:ad Street Harrisburg, PA 17102 Phone: 717-238-1657 IRA H. WEINSTOCK IN THE COURT Of COiVIMON PLEAS Of CUMBERLAND COUNTY STATE OF LEONARDO ARCA~ Plaintiff, VERSUS NOEMI P. ARCA, Defendant. PENNA. N O. 03-1092 DECREE iN DIVORCE AND NOW,~L~ :~ I DECREED THAt LEONARDO ARCA 2003 , IT IS ORDered AND , PLAINTIFF~ AND ~OEMI P. ARCA __,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; ATTE ° ) ~ J. ~~ PROTHONOTARY