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Home My WebLink About00-06992 . . . . . . . . . . . . I, . . . ,-<" ~ . . . . :Ii:ti'" :ti,.; :Ii ;t; 1Ii :ti:ti '" '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ERNESTO BANOS, Plaintiff VERSUS OLGAIRIE R. BANOS, Defendant PENNA. No. 2000-6992 DECREE IN DIVORCE /'"l.- j:-S,os (.))1\; ~( , IT IS ORDERED AND AND NOW DECREED THAT ERNESTO BANOS , PLAINTIFF, AND OLGAIRIE R. BANOS , 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 . J. PROTHONOTARY ;t; "':Ii:f. Of. Of. :f. :ti '" :f.:f. '" if. :ti:ti:ti:ti Of. ,.o:."'~l""" ~- ' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . '.. rii ~ " .r - vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CNIL ACTION - LAW : NO. 2000 - 6992 ERNESTO BANOS, Plaintiff OLGAIRIE BANOS, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Please transmit the record, together with the following infonnation to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner of service of the complaint: October 11,2000 by regular mail. (see Affidavit of Service) 3. Complete either Paragraph A or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: By the Plaintiff, January 25, 2001; By the Defendant January 25, 2001.. B. (1) Date of execution of the Plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: none. (2) Date of service of the Plaintiff's affidavit upon the Defendant: none 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: none B. Date Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Date 1/26/01, Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Date 1/26/01. L """'" "'. ERNESTO BANOS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW : NO. 2000 _ (" q 1.2-- CIVIL TERM OLGIRIE BANOS Defendant : IN DIVORCE NonCE 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 grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Prothonotary's Office 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 DNORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPJJ;R 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, Pennsylvania 17013 Telephone (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 hearing or business before the court. You must attend the scheduled conference or hearing. James J, Kayer, Esquire Attorney for Plaintiff 4 East Liberty Avenue Carlisle, P A 17013 (717) 243-7922 0Ill~....~~ , ERNESTO BANOS, Plaintiff vs. : IN THE COURT OF COMMON PLEAS OF : ~UMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 2000 - (. 99b CIVIL TERM OLGIRIE BANOS Defendant : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE COMES NOW, PlaintiffERNESTO BANOS, through his attorney, James J. Kayer, Esquire and avers as follows: COUNT I - DIVORCE 1. Plaintiff is ERNESTO BANOS, an adult individual who resides at 204 Fairfield Street, Apt: #3, Newville, Cumberland, PA 17013. 2. Defendant is OLIGIRLE BANOS, an adult individual whose address is 204 Fairfield Street, Apt.#3, Newville, Cumberland, PA 17013 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 28, 1988 in New York, New York. 5. There have been no prior actions in divorce. 6. Plaintiff and Defendant are not active members of the United States Armed Forces. 7. The marriage is irretrievably broken, and the parties are proceeding under Section 3301(c) of the Divorce Code. 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. ""l~~ WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Respectfully submitted, 1.- ; 'I !kti"~ VERIFICATION OF PLEADINGS The foregoing document is based upon infonnation which has been gathered by my counsel and myself in the preparation of this action. The language of the document may, in part, be the language of my cOlillsel and not my own. I have read the statements made in this document and to the extent that it is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the contents of the statements are that of counsel, I have relied upon counsel in making this Verification. I understand that false statements herein are made subject to the penalties of 18 PA. C.S. S 4904, relating to unsworn falsification to authorities. Date: G?c:"f Lf Of} , .". 1-' " - ,~-C."/l ~ I 1 .J " ERNESTO BANOS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW NO. 2000 - 6992 OLGAIRIE BANOS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER li 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a [mal 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. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed onOctobeP hk,.2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry ofthe decree. 4. 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 Waiver and 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: ~~ ~ ,200& ERNESTO BANOS -, I" "- ~ <- -"~....- ~\ .. , '" " ERNESTO BANOS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA VS. CIVIL ACTION - LAW NO. 2000 - 6992 OLGAIRIE BANOS, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER 1I330Hc) OF THE DIVORCE CODE I. 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! 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. AFFIDAVIT OF CONSENT 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on October I I, 2000. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry ofa final decree of divorce after service of notice of intention to request entry of the decree, 4. 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 Waiver and 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: ell :'f~>:) ,2001 CjfAJJUE~OS ,-.' ~~ - '><,< .. '" .. .. "" ERNESTO BANOS, Plaintiff ; IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW ; NO. 2000 - 6992 OLGAIRIE BANOS, Defendant ; IN DIVORCE AFFIDAVIT OF SERVICE BY MAIL PURSUANT TO Pa. R.C.P. 1920.4(a)(1)(ii) COMMONWEALTH OF PENNSYLVANIA : SS. COUNTY OF CUMBERLAND 1, James J. Kayer, Esquire, being duly sworn according to law, deposes and says that he is the attorney for plaintiff, ERNESTO BANOS, and that he did serve a true and correct copy of the Notice to Defend and Claim Rights and Complaint in Divorce that was filed in the above matter, by U.S. Mail, postage prepaid, certified with restricted delivery, return receipt requested, and by regular U.S. Mail, unto the Defendant, OLGAIRlE BANOS on October 11, 2000. The certified with restricted delivery was returned marked unclaimed, whereas the regular U.S. Mail was not returned. NOTARIAL SEAL Vickie J. Group, Notary Public Borough of Carlisle, County of Cumberland My Commission Expires Aug. 30, 2004 .' ~ - . f"..~1ll1il 1t:,' ~ . arT 2 3 ?h\ .~ ERNESTO BANOS, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA vs. : CIVIL ACTION - LAW : NO. 2000 - 6992 OLGAIRIE BANOS, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this ~~ day of ,,~ , 2000 it is decreed that the Stipulation and Agreement for Custody and Partial Custody that has been executed by the parties named above shall be made an Order of this Court. The Court of Common Pleas of Cumberland County shall maintain jurisdiction in this matter. cc: James J. Kayer, Esquire Attorney for Plaintiff t.~ 11laJ.l. /() . ;..5 -QD <<3 1. Olgairie Banos, pro se Defendant , I ~ I I I I k,~ ~~~ ".. ~ -,' H .. '~ ""~..,,,' -,' '" ,"- ~'." (-{' . , " I',; - , _flW~;',W~'If<Ift'\:'''!;~*P<'''Pi',:(j'""I;i\'~~II'!J"~J!)Il'~~iI1/1iffll~Ii~~ _lIil';il_~f!. - , ~ , ^ I - 'i-:ijj>JIi1c , STIPULATION AND AGREEMENT FOR CUSTODY AND PARTIAL CUSTODY COMES NOW, OLGAIRIE BANOS, pro se and ERNESTO BANOS, by and through his attorney, James J. Kayer, Esquire, who do Stipulate and Agree upon the following: 1. OLGAIRIE BANOS and ERNESTO BANOS are the natural parents of three minor children, Martina A. Banos, born July 12, 1988, Stephano A. Banos, born September 2,1991 and Vincenzo A. Banos, born December 31, 1994. 2. The Parties shall have shared legal custody of the minor children. 3. Primary physical custody of the minor children shall be placed in the father, ERNESTO BANOS. 4. The mother, OLGAIRIE BANOS, shall have certain rights of partial physical custody of the minor children. Mother shall have time with the children at those dates and times as the parties can agree. It is anticipated that the children will relocate to Florida with their father. The father shall facilitate visits as much as he can. It is agreed at any time that the mother is in Florida in close proximity to the children that she will be provided with open and reasonable access to the children to include overnight visitation. 5. The parties shall agree to share custody on all major holidays. Arrangements for each individual holidays shall be as the parties can mutually agree. 6. The parties shall share transportation arrangements for the children. This shall require each of them to either contribute toward the expense of any transportation involved in a custody transfer or to activity participate in sharing the driving responsibilities for such a transfer. 7. Father shall not unreasonably hold rights of visitation or temporary physical custody. I" ,~ ~Wi/;j;~ , ~- ~ . 8. The parties agree and anticipate that this agreement for custody and visitation may be entered as an order of Court in the Court of Common Pleas of Cumberland County, Pennsylvania. 9. Nothing in this order shall be construed to constitute a waiver of the rights of either party to assert jurisdiction under the uniform child custody jurisdiction act. The parties agree that Pennsylvania shall be considered to be the home state of these children until such time as the children has resided in Florida or any other state for a period in access of six (6) months. 10. The parties do hereby stipulate and agree that they waive their respective rights to be present in court at the time an order is made pursuant to this agreement for custody and visitation. IN WITNESS WHEREOF, the parties hereto and each of them have hereunto set their hands and seals intending to be legally bound hereby this \ \oTh dayof~\i' . ,2000. c -01;L ERNESTO BANOS ~"oAN~ I