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HomeMy WebLinkAbout00-07034 ANGELITO DE LA CERNA,. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION TOMASA VICENTE PENA, NO. 0-0, '703y Q,,-ct -T-4, Defendant IN DIVORCE NOTICE TO DEFEND 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 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, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, Fourth Floor Carlisle, PA 17013 (717) 240-6200 e ANGELITO DE LA CERNA, Plaintiff VS. TOMASA VICENTE PENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. Gv. 10 3Y C? Tr' IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013-3387. Prothonotary ANGELITO DE LA CERNA, Plaintiff VS. TOMASA VICENTE PENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. &V - '76 3 Y Ce;, -T,- -,. IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is ANGELITO DE LA CERNA, a citizen of Pennsylvania, residing at 4902 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is TOMASA VICENTE PENA, is not a citizen- of Pennsylvania, residing in Italy whose last known address for purposes of service is P.S.C. 813, Box 147, FPO AE 09620. 3. Plaintiff has been a bonafide resident of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. Defendant has never resided in Pennsylvania. 4. The parties are husband and wife and were lawfully married on March 16, 1999 in the Dominican Republic. 5. The marriage is irretrievably broken. 6. Neither the Plaintiff nor the Defendant are in the military or naval service and, therefore, not subject to the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to 1 request that the Court require the parties to participate in counseling. COUNTI Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievable broken. 15. The parties were married in the Dominican Republic and resided together for four 2 1 1 months in Italy until July 16, 1999. The final date of separation is July 16, 1999. 16. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 17. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. _ Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. 945836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 3 VERIFICATION I, ANGELITO DE LA CERNA, verify that the statements made in the 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. AN O DE LA CERNA, Pla tiff ,r 4 n Q _ v i C' r1 -7 GC? -T3 -'"fir :: rn r-n C n C: i 9 O y G ` O (s` SEp 0 1 2004 ANGELITO DE LA CERNA, Plaintiff Vs. TOMASA VICENTE PENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 00 - 7034 CIVIL TERM IN DIVORCE ORDER AND NOW, this 744 day of 2004, upon consideration of the within Motion, s ' G. ") n Sc4-.4-? !zn /J "6v--P^ / doh y ?" '3v Agtr. BY THE COURT: The Honorable J. Distribution: Prothonotary ,,,Michael D. Rentschler, Esquire ?Tompm a t U cc4 ?-- R.-d If 'ANIVAl,ISNNnEd 6 h L- d3S U59Z ,kWj0,N'C)HiObd 114.1 d0 30-0170-0111 a - r ANGELITO DE LA CERNA, Plaintiff VS. SEP 0 1 2004 ?- : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION TOMASA VICENTE PENA, : NO. 00 - 7034 CIVIL TERM Defendant IN DIVORCE MOTION TO DECLARE MARRIAGE VOID 1. Plaintiff is Angelito De La Cema ("Husband') who currently resides at 4902 Carlisle Pike, Mechanicsburg, Cumberland County, PA. 2. Defendant is Tomasa Vicente Pena ("Wife") who is believed to reside in Italy. 3. The parties were married on March 16, 1999 in the Dominican Republic. The parties lived together in Italy until July 16, 1999, which is the final date of separation. 4. Unbeknownst to Plaintiff, at the time in which he married Defendant, he was still married to his first wife, whom he married in California. However, it has come to the attention of Plaintiff that the California divorce proceeding filed in Solano County, California, was never finalized. Consequently, when Plaintiff exchanged vows with his current wife in the Dominican Republic, he was not free to marry her because he was still married to his first wife. 5. Since Plaintiff was already married at the time in which he married his current wife, Plaintiff seeks to have the marriage to his current wife voided. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Motion and declare the marriage between Angelito De La Cema and Tomasa Vicente Pena, void. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE 28 N. 32v8 Street Camp Hill, PA 17011 Attorney for Plaintiff Supreme Court ID # 45836 -w VERIFICATION I, Angelito De La Cema., Plaintiff herein, do hereby swear and affirm that the statements contained in this Motion are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904 which relates to unworn falsification to authorities. Date: ,l ;2 , Z C9 C ' V LITO DE LA CERNA. a n s W ANGELITO DE LA CERNA, Plaintiff VS. TOMASA VINCENTE PENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 00-7034 CIVIL ORDER AND NOW, this S day of September, 2001, the plaintiff is authorized to effect service by regular mail to the last known address(es) of the defendant and by publication in a newspaper local to the defendant. BY THE COURT, Michael D. Rentschler, Esquire For the Plaintiff :rlm Kev' A. Hess, J. ?? ?? ??,;,?R??sn,N?? n? r_ ??????^ i ?-, r „ /??,?, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. 28 N. 32nd Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9129 Facsimile (717) 975-2939 Tina Winpenny, Legal Assistant November 8, 2004 Angelito De La Cerna 4902 Carlisle Pike Mechanicsburg, PA 17055 Re: De La Cema Divorce Dear Angel: As you know, Judge Hess has scheduled a hearing on November 12, 2004 at 830 am in courtroom 5 of the Cumberland County Courthouse to address the issues contained in your Petition. I sent a copy of the Order to your wife in Italy. Unfortunately, my letter came back marked "undeliverable". Since Judge Hess' Order requires proof of service, and the letter was returned to me, I have no other option other than to reschedule the hearing. Consequently, I am going to contact Judge Hess' office to reschedule the hearing. In the meantime, I still have your check for $300.00. 1 will deposit the check, but will apply it to a retainer and not to a set fee. I will need to contact the embassy again to attempt service again. Very truly yours, Michael .Rentschler Cc: File ?? MOV-10-2004 02:15. RM LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. 28 N. 32°d Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9129 Facsimile (717) 975-2939 Tiua Winpenny Legal Assistant November 9, 2004 The Honorable Edward Guido, Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Via facsimile to: 240.6460 Re:'De I:a-Cerrea v Pens ` - - -004034-Civil-Divorce- Dear Judge Guido: I represent A,ngelito De La Cema who is scheduled for a hearing on Friday, November 12, 2004, at 8:30 am. I am asking that the hearing be continued because r was unable to effect service upon the Respondent. The letter I sent to her in Italy was returned as "undeliverable". Given that 1 am unable to confirm that service was effected upon her, there is no necessity to have the hearing at this point. Very truly yours, Michael D. Rentschler P.01 Co. Client e ANGELITO DE LA CERNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION TOMASA VICENTE PENA, NO. 011r 703 Defendant IN DIVORCE NOTICE TO DEFEND 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 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, 1 Courthouse Square, Carlisle, PA 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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. Court Administrator Cumberland County Courthouse Courthouse Square, Fourth Floor Carlisle, PA 17013 (717) 240-6200 ANGELITO DE LA CERNA, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION TOMASA VICENTE PENA, NO. Gv . ? 0'64 ?r F j.A _ Defendant IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, I Courthouse Square, Carlisle, PA 17013-3387. Prothonotary ANGELITO DE LA CERNA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION TOMASA VICENTE PENA, NO. Ov - '70 3,1 ? T._ Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is ANGELITO DE LA CERNA, a citizen of Pennsylvania, residing at 4902 Carlisle Pike, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is TOMASA VICENTE PENA, is not a citizen of Pennsylvania, residing in Italy whose last known address for purposes of service is P.S.C. 813, Box 147, FPO AE 09620. 3. Plaintiff has been a bonafrde resident of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. Defendant has never resided in Pennsylvania. 4. The parties are husband and wife and were lawfully married on March 16, 1999 in the Dominican Republic. 5. The marriage is irretrievably broken. 6. Neither the Plaintiff nor the Defendant are in the military or naval service and, therefore, not subject to the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8, The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNTI Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT 11 Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievable broken. 15. The parties were married in the Dominican Republic and resided together for four months in Italy until July 16, 1999. The final date of separation is July 16, 1999. 16. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file his affidavit of having lived separate and apart. 17. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. Michael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 1300 Market Street, Suite 200 Lemoyne, PA 17043 (717) 975-9129 I, ANGELITO DE LA CERNA, verify that the statements made in the 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 unswom falsification to authorities. ANG I O DE LA CERNA, Pla tiff r ? t C .t jzl- A. *4 O M ANGELITO DE LA CERNA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW 00-7034 CIVIL TOMASA VINCENTE PENA, Defendant ORDER AND NOW, this S + day of September, 2001, the plaintiff is authorized to effect service by regular mail to the last known address(es) of the defendant and by publication in a newspaper local to the defendant. BY THE COURT, Kev' A. Hess, J. Michael D. Rentschler, Esquire For the Plaintiff Nv < R: 9- ?'o AM SEP 0 1 2004 ?-- ANGELITO DE LA CERNA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION TOMASA VICENTE PENA, NO. 00 - 7034 CIVIL TERM Defendant IN DIVORCE MOTION TO DECLARE MARRIAGE VOID 1. Plaintiff is Angelito De La Cema ("Husband") who currently resides at 4902 Carlisle Pike, Mechanicsburg, Cumberland County, PA. 2. Defendant is Tomasa Vicente Pena ("Wife') who is believed to reside in Italy. 3. The parties were married on March 16, 1999 in the Dominican Republic. The parties lived together in Italy until July 16, 1999, which is the final date of separation. 4. Unbeknownst to Plaintiff, at the time in which he married Defendant, he was still married to his first wife, whom he married in California. However, it has come to the attention of Plaintiff that the California divorce proceeding filed in Solano County, California, was never finalized. Consequently, when Plaintiff exchanged vows with his current wife in the Dominican Republic, he was not free to marry her because he was still married to his first wife. 5. Since Plaintiff was already married at the time in which he married his current wife, Plaintiff seeks to have the marriage to his current wife voided. WHEREFORE, it is respectfully requested that this Honorable Court grant the within Motion and declare the marriage between Angelito De La Cema and Tomasa Vicente Pena, void. Respectfully submitted, MICHAEL D. RENTSCHLER, ESQUIRE 28 N. 32vd Street Camp Hill, PA 17011 Attorney for Plaintiff Supreme Court ID 4 45836 VERIFICATION I, Angelito De La Cerna., Plaintiff herein, do hereby swear and affirm that the statements contained in this Motion are true and correct. I understand that any false statement may be prosecuted under Pa CSA Section 4904 which relates to unworn falsification to authorities. Date: 4__e?2 ?/ C9 cs;, L/ tANjL21TO -CE A. ? o n p m _-i -:; ? _-? ?- c ii s.... 1i.1 ?.`" G? 'O? . ? U rr? L? _ .. , ? ? - ?Il ?) L? , r `' ? r C tj ;?? ::? ??'t ??. 4n? SEP 0 1 2004 ANGELITO DE LA CERNA, Plaintiff vs. TOMASA VICENTE PENA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION NO. 00 - 7034 CIVIL TERM IN DIVORCE ORDER AND NOW, this 74"k day of41,2004, upon consideration of the U within Motion, said P lefien is hemb3 n Sr, C?vevv?p^ / J d vo y 'f- tr '3 0 .i..''r. ?- s? AJ . -e 0 BY THE COURT: The Honorable J. Distribution: Prothonotary ,Xichael D. R?enntschler, Esquire :/TOrAo_ga U CeeS?e 1"c?0 J ?n ll ?i ?.??, ... ?? :11ati? ? - r?5?0`JZ a ??????i?ia ?"?tnl LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. 28 N. 32nd Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9129 Facsimile (717) 975-2939 Tina Winpenny, Legal Assistant November 8, 2004 Angelito De La Cema 4902 Carlisle Pike Mechanicsburg, PA 17055 Re: De La Cerna Divorce Dear Angel: As you know, Judge Hess has scheduled a hearing on November 12, 2004 at 8:30 am in courtroom 5 of the Cumberland County Courthouse to address the issues contained in your Petition. I sent a copy of the Order to your wife in Italy. Unfortunately, my letter came back marked "undeliverable". Since Judge Hess' Order requires proof of service, and the letter was returned to me, I have no other option other than to reschedule the hearing. Consequently, I am going to contact Judge Hess' office to reschedule the hearing. In the meantime, I still have your check for $300.00. I will deposit the check, but will apply it to a retainer and not to a set fee. I will need to contact the embassy again to attempt service again. Very truly yours, Michael . Rentschler Cc: File NOV-10-2004 02:15 AM LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. 28 N. 32nd Street Camp Hill, Pennsylvania 17011 Telephone (717) 975-9129 Facsimile (717) 975-2939 Tina Winpenny Lsl Assistant November 9, 2004 The Honorable Edward Guido, Judge Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 Via facsimile to: 240-6460 Re: Do La Cam v Pow 00-7034 Civil - Divorce Dear Judge Guido: I represent Angelito De La Cema who is scheduled for a hearing on Friday, November 12, 2004, at 8:30 am. I am asking that the hearing be continued because I was unable to effect service upon the Respondent. The letter I sent to her in Italy was returned as "undeliverable". Given, that I am unable to confirm that service was effected upon her, there is no necessity to have the hearing at this point. Verytruly yours, Michael D. Rentschler P. 01 Cc: Client Curtis R. Long Prothonotary (Office of the Protbonotarp Cumberlanb Countp Renee K. Simpson Deputy Prothonotary Johan E. Slike Solicitor DO -'-703q CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573