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HomeMy WebLinkAbout03-1162STACEY L. RECCHIA, Plaintiff VITO RECCHIA Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : DIVORCE, ALIMONY, EQUITABLE : DISTRIBUTION AND SPECIAL RELIEF 'NO. 03- ] l 6, )'- CIVIL TERM 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 SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in April of 1999, 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. § 4904 relating to unswom falsification to authorities. Date Plaintiff STACEY L. RECCHIA, Plaintiff VITO RECCHIA Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : DIVORCE, ALIMONY, EQUITABLE : DISTRIBUTION AND ALIMONY PENDENTE LITE : NO. 03- //~a,:72 CIVIL TERM 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 judgement 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 child. 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, 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or heating. STACEY L. RECCHIA, Plaintiff Vo VITO RECCHIA, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, ALIMONY, EQUITABLE : DISTRIBUTION, AND ALIMONY PENDENTE : LITE : : NO. 03- CIVIL TERM COMPLAINT FOR DIVORCE, ALIMONY, EQUITABLE DISTRIBUTION AND ALIMONY PENDENTE LITE The Plaintiff, Stacey L. Recchia, by her attorneys, the Family Law Clinic, sets forth the following cause of action: COUNT I DIVORCE UNDER 23 Pa.C.S. §§ 3301(c) and (d) OF THE DIVORCE CODE 1. Plaintiff is Stacey L. Recchia, who currently resides at 470 Crossroad School Road, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Vito Recchia, who currently resides at 24 East 17th Street, Bayonne, Hudson County, New Jersey 07002. 3. Plaintiff and Defendant are husband and wife, having been married on July 5, 1995. 4. Plaintiff and Defendant have lived separate and apart since April 4, 1999. 5. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of the Complaint. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 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. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. COUNT II ALIMONY 9. Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff requires support to adequately maintain herself in accordance with a reasonable standard of living. 11. Plaintiff has been and will continue to be the primary caretaker of the minor children. 12. Defendant, during the marriage, discouraged Plaintiff from seeking employment outside the home. 13. During the four years the parties resided together, Plaintiff did not work. 14. In order to properly care for the minor children, Plaintiff is only able to work part- time. 15. Defendant has had over eight years to gain valuable experience and connections in the work environment. 16. Defendant is financially able to provide for his reasonable needs and the reasonable needs of the Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable alimony, and such other relief as the Court deems just. COUNT III EQUITABLE DISTRIBUTION 17. Plaintiff repeats and realleges paragraphs one through sixteen. 18. Plaintiff and Defendant have acquired property during the marriage, including, but not limited to: a) A pension WHEREFORE, Plaintiff requests the Court to enter a decree dividing the property equitably between the parties and providing such other relief as the Court deems just. COUNT IV ALIMONY PENDENTE LITE 19. Plaintiff repeats and realleges paragraphs one through eighteen. 20. Plaintiff was unemployed for four years, and is currently only employed part-time, and does not possess sufficient property to provide for her reasonable needs or the needs of the children during the pendency of this proceeding. 21. Plaintiff will be at a disadvantage during this litigation due to lack of financial resources. Plaintiff will be unable to pay for any expenses that might arise during litigation of this matter. 22. On the other hand, Defendant has been employed during the marriage and will have the financial resources to pay for expenses that might arise during litigation of this matter. 23. Defendant also has the financial ability to provide for the reasonable needs of the Plaintiff. WHEREFORE, Plaimiffrequests the Court to order Defendant to pay a fair and reasonable sum of money in the form of Alimony Pendente Lite for the purpose of providing for the reasonable expenses that Plaintiff might incur during the pendency of this action. Respectfully submitted: Lyndsey N~oches Certified Legal Intern ~'~/ ,~./ .... t ROBFoRT/E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C. S. §4904, the undersigned verifies that the statements made in the foregoing Complaint are tree and correct, to the best of my knowledge, information and belief. Dated: STACEY L. RECCHIA, Plaintiff VITO RECCHIA Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION-LAW : DIVORCE, ALIMONY, EQUITABLE : DISTRIBUTION AND ALIMONY PENDENTE LITE : NO. 03- CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Stacey L. Recchia, Plaintiff, to proceed in forma pauperis. I, Lyndsey Koches, Certified Legal Intem in the Family Law Clinic, for the party proceeding in forma pauperis, certify that I believe I believe the party is unable to pay the costs and that I am providing legal service to the party. Date: March 7, 2003 y Ssey N. I<o~hes Certified Legalffntem ROBI3~T t/2. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 STACEY L. RECCHIA, Plaintiff Vo VITO RECCHIA, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, ALIMONY, EQUITABLE : DISTRIBUTION AND ALIMONY : PENDENTE LITE : : NO: 03-1162 CIVIL TERM ; CERTIFICATE OF SERVICE I, Lyndsey N. Koches, Certified Legal Intern, Family Law Clinic, hereby certify that I served a tree and correct copy of the Custody Complaint on Vito Recchia, residing at 34 East 17th Street, Bayonne, NJ 07002, by depositing a copy in the United States mail, certified, restricted delivery, return receipt requested on the 17th day of March, as evidenced by the attached certified mail receipt and postmark thereon. Date:3_~ Ly~tdsey N~oches Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 STACEY L. RECCHIA, Plaintiff VITO RECCHIA, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, ALIMONY, EQUITABLE : DISTRIBUTION AND ALIMONY : PENDENTE LITE : : NO: 03-1162 CIVILTERM AMENDED CERTIFICATE OF SERVICE I, Lyndsey N. Koches, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Vito Recchia, residing at 34 East 17th Street, Bayonne, NJ 07002, by depositing a copy in the United States mail, certified, restricted delivery, return receipt requested. Service was complete upon receipt by Vito Recchia on the 19th day of March 2003, as evidenced by his signature on the attached green card. Lynttsey N. lqoches Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 · Complete items 1, 2, and 3. Aisc 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 mailpiece, or on the front if space permits. 1. Article Addressed to: Ea }'3"m 5,.h'"-ec4.. *.,c,e .urn.. '/OD O. Is deliveq/address different from item I?~L?~.~. If YES, enter delivery address below: 3. Se~v. ice Type ;~;' ~Certifled Mail D.Exprees Mail '1~ Registered ~ Return Receipt for Merchandise [2;]Insured Mail FI C.O.D. 4. Restricted Delivery? (Extra Fee) ~Yes ' PS Fo~--~, August 2001 Domestic Return Receipt 102505-O2-M-10: STACEY L. RECCHIA, Plaintiff Vo VITO RECCHIA, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, ALIMONY, EQUITABLE : DISTRIBUTION AND ALIMONY : PENDENTE LITE : : NO: 03-1162 CIVIL TERM CERTIFICATE OF SERVICE I, Lyndsey N. Koches, hereby certify that on this '2~_oct date of April 2003, I am serving a tree and correct copy of the Plaintiff's Section 3301 (d) Affidavit and Amended Certificate of Service upon Vito Recchia, by depositing the same in First Class Mail to the following address: Vito Recchia 34 East 17th Street Bayonne, NJ 07002 ~ertified Legal~Inte~m FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 STACEY L. RECCHIA, Plaintiff VITO RECCHIA, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, ALIMONY, EQUITABLE : DISTRIBUTION AND ALIMONY PENDENTE LITE NO: 03-1162 CIVIL TERM PRAECIPE TO DISMISS EQUITABLE DISTRIBUTION, ALIMONY AND ALIMONY PENDENTE LITE CLAIMR To the Prothonotary: Kindly dismiss the counts in equitable distribution, alimony and alimony pendente lite in the Plaintiff's Complaint. Date: /0/1/~.3 Erin L. Benson Certified Legal Intern THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 STACEY L. RECCHIA, Plaintiff VITO RECCHIA, Defendant : 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE, ALIMONY, EQUITABLE : DISTRIBUTION AND ALIMONY : PENDENTE LITE; : : NO: 03-1162 CIVILTERM CERTIFICATE OF SERVICE I, Erin L. Benson, Certified Legal Intern, Family Law Clinic, hereby certify that I served a tree and correct copy of the Praecipe to Dismiss Equitable Distribution, Alimony and Alimony Pendente Lite Claims on Vito Recchia, Defendant, by regular United States mail this ~ Sf'day of ~t~ ~ ,2003 at 1705 West 13th Street, Brooklyn, New York, 11223. Erin L. Benson Certified Legal Intern FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 STACEY L. RECCHIA, Plaintiff VITO RECCHIA, Defendant : 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : NO: 03-1162 CIVILTERM : NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: 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 October 21, 2003, the other party can request the 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 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 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any heating or business before the court. You must attend the scheduled conference or hearing. STACEY L. RECCHIA, Plaintiff VITO RECCHIA, Defendant : 1N THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW : DIVORCE : NO. 03-1162 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Certified mail, restricted delivery, return receipt requested, signed for by the Defendant on March 18, 2003. 3. Date of execution of the Plaintiff's Affidavit required by § 3301(d) of the Divome Code: March 14, 2003; Date of service of the Plaintiff's Affidavit upon the Defendant: April 22, 2003. 4. Related claims pending: None. The Divorce Complaint included claims for Alimony, Equitable Distribution, and Alimony Pendente Lite. These claims were dismissed by a Praecipe to Dismiss Equitable Distribution, Alimony and Alimony Pendente Lite Claims filed on October 1, 2003. 5. Date and manner of service of the intention to file pmecipe to transmit record, a copy of which is attached: United States mail, first class, postage prepaid on October 1, 2003. Date IO/Z'~ /'~3 Erin L. Benson Certified Legal Intern ~oa~. ~iNs c/ THOMAS M. PLACE ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 IN THE COURT OF COMMON PLEAS STACEY L. CF CUMBERLAND COUNTY ST~ ~VE OF -.~ RECCHTA __ VERSUS VITO RECCHIA NO. PENNA, 2ooa-1162 DECREE IN DIVORCE AND NOW,. /~ ~ /'~ , IT IS ORDERED AND DeCReED THAT STACEY L. RECCHIA __, PLAINTIFF, AND VTTQ RR~RTA 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; ATTEST: PROTHONOTARY Cc?. £~