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Home My WebLink About03-1628IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. KASTRIBA, Plaintiff VS. PEDRO L. BLACK Defendant CIVIL ACTION--LAW NO. 2003-//,~ 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 at the Cumberland County Court House, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone: (717) 249-3166 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. KASTRIBA, Plaintiff VS. PEDRO L. BLACK, Defendant CIVIL ACTION--LAW NO. 2003- 1/,,,,~oc~ CIVIL TERM IN DIVORCE COMPLAINT 1. Plaintiff is Michelle A. Kastriba, who currently resides at 4 East South Street, Apt. #4, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Pedro L. Black, who currently resides at 112 South 14th Street, Harrisburg, Dauphin County, Pennsylvania. 3. Both Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were married on October 20, 2000, at Harrisburg, Dauphin County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 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. COUNT I DIVORCE PURSUANT TO SECTION 3301{a)(6) - INDIGNITIES The averments of Paragraph 1-7 are incorporated herein by reference as though set out in o full. 9. Defendant has offered such indignities to Plaintiff, an innocent and injured spouse, as to render her condition intolerable and life burdensome. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant pursuant to Section 3301(a)(6) of the Divorce Code. COUNT II NO FAULT DIVORCE PURSUANT TO SECTION 3301(c) OF DIVORCE CODE 10. full. The averments of Paragraph 1-7 are incorporated herein by reference as though set out in 11. After ninety (90) days have elapsed since the date of filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree in Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT III NO FAULT DIVORCE PURSUANT TO SECTION 3301(d) OF DIVORCE CODE 12. full. The averments of Paragraph 1-7 are incorporated herein by reference as though set out in 13. At the appropriate time, Plaintiff may submit an affidavit alleging that the parties have lived separate and apart for at least two (2) years. WHEREFORE, Plaintiff respectfully requests the Court enter a Decree in Divorce pursuant to Section 3301 (d) of the Divorce Code at the appropri,at._~e time. Date: April 2, 2003 k~~~ 0, Steven J. Fishn~a~'~l~l"~T6'9 -'""-' x 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 2 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. Cons. Stat. Ann. {}4904, relating to unsworn falsification to authorities.~/y///~~~~~ ~ ~, t/''z'?, .~? ~' Michelle A. Kastnt~a IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MICHELLE A. KASTRIBA, Plaintiff VS. PEDRO L. BLACK, Defendant CIVIL ACTION--LAW NO. 2003- 1628 CIVIL TERM IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this z~~'~ day of rqay, 2003, I Pedro L. Black, Defendant above, hereby accept service of the Complaint filed in the above case pursuant to Pa. R.C.P. 1920.4(e) and acknowledge receipt of a true and attested copy of said Complaint. Pedro L. Black MICHELLE A. KASTPdBA, Plaintiff PEDRO L. BLACK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-1628 CWIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE IINI~ER gECTION 3301 (C) OF Tl-lE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on April 9, 2003. 2003. Defendant acknowledges receipt and accepts service of the Complaint on May 5, 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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 unswom falsification to authorities. Date: PEDRO L. BLACK MICHELLE A. KASTRIBA, Plaintiff PEDRO L. BLACK, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03- 1[o~6 CIVILTERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER ~ECTION 3301 (C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(C) of the Divorce Code was filed on April C~ ,2003. 2. Defendant acknowledged receipt and accepted service of the Complaint on aa~ 2003. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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. 6. I understand that I will not be divorced until a Di[vorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediaely after it is filed with the Prothonotary. 7. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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. MICHELLE A. I~LASTRIBA MICHELLE A. KASTRIBA, Plaintiff VS. PEDRO L. BLACK, Defendant IN THE COURT OF COMMON PLEAS OF COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-1628 IN DIVORCE PRAECIPE TO TRANSMIT ~LECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: Code. 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce 2. Date and manner of service of the Complaint: acceptance of service signed by May 5, 2003, filed in the Office of the Prothonotary on May 8, 2003. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff on July 28, 2003; and Defendant on July 25, 2003. 4. Related claims pending: .None 5. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: Not applicable. Steven J. Fishman, Esquire, ID#16269 95 Alexander Spring Road, Suite 3 Carlisle, PA 17013 (717) 249-6333 IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~~, PENNA. NO. 2003 1628 ~F~IC~iT,]q~ A. KASTRIBA VERSUS AND NOW, DECREED THAT AND DECREE IN DIVORCE MI(J~Rri,R A. KASTRIBA PEDRO L. BLACK ARE DIVORCED FROM THE BONDS OF MATRIMONY. 2003 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, 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