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HomeMy WebLinkAbout03-2382Selmane Comp/Div/CLN Nicholas Law Offices, PC 2215 Forest Hills Dr., Ste. 37 Harrisburg, PA 17112-1099 (717)540-7746 MARWANE SELMANE, Plaintiff Vm OKEMIA CREDLE SELMANE, Defendant :NO. 02 : CIVIL ACTION - LAW : IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA 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 make 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, 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 YOU 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 NICHOI_~S LAW OFFICES, P.C. , q 2215 Forest Hills Drive, Suite 37 Harrisburg, PA 17112-1099 (717)540-7746 Attorney for Plaintiff Nicholas Law Offices, PC 2215 Forest Hills Dr., Ste. 37 Harrisburg, PA 17112-1099 (717)540-7746 MARWANE SELMANE, Plaintiff Ye OKEMIA CREDLE SELMANE, Defendant NO. CIVIL ACTION - LAW IN DIVORCE IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA WAIVER OF COUNSELING 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of Prothonotary's Office, which list is available to me upon request. marriage counselors in the 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. Dated: ~'~ 7 } ~q- ,2003 /MARWANE~ELMANE, Plaintiff Nicholas Law Offices, PC 2215 Forest Hills Dr., Ste. 37 Harrisburg, PA 17112-1099 (717)540-7746 MARWANE SELMANE, Plaintiff OKEMIA CREDLE SELMANE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. C>3 - 023 : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW, comes the above-named Plaintiff, Marwane Selmane, by his attorney, Steve C. Nicholas, Esquire, of Nicholas Law Offices, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, Okemia Credle Selmane, upon the grounds hereinafter set forth: 1. Plaintiff is Marwane Selmane, an adult individual, residing at 578 West Lowther Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Okemia Credle Selmane, an adult individual, whose last known address is 8 Drummond Street, Dorchester, Massachusetts 02121. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. Defendant's last known residence was in Massachusetts. 4. The Plaintiff and Defendant were married on October 31, 1996, in Cambridge, Massachusetts. 5. No children have been bom of this marriage. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Plaintiff is a permanent resident alien of the United States of America. Defendant is a citizen of the United States of America. 8. The Defendant is not a member of the Armed Services of the United States. 9. The Plaintiff has been advised of the availability of counseling and he understands that he may request that the Court require the parties to participate in counseling, hut avers that he does not require marriage counseling. 10. The Plaintiff avers that the grounds on which the action is based are: (a) (b) That the marriage is irretrievably broken; and That Plaintiff and Defendant have be separated since September, 2000, which is in excess of two (2) years. 12. Plaintiff requests the Court to enter a Decree in Divorce. WI-IEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce pursuant to the Divorce Code. Respectfully submitted, NICHO~_~W OFFICES, P.C. Steve C. Nicholas, Esquire 2215 Forest Hills Drive, Suite 37 Harrisburg, PA 17112-1099 (717)540-7746 Attorney for Plaintiff VERIFICATION I verify that the statements made in this Complaint in Divorce are tree 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. Plaintiff Dated: 0"~7 t~"- ,2003 Nicholas Law Offices, PC 2215 Forest Hills Dr., Ste. 37 Harrisburg, PA 17112-1099 (717)540-7746 MARWANE SELMANE, Plaintiff OKEMIA CREDLE SELMANE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter-Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER § 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in September, 2000, and have continued to live separate and apart for a period of at least two (2) 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 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. .,. I~WANeE S~LMANE, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Ann M, Crone, Plaintiff Petz Unlimited, Defendant You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attomey and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed wilhout you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other figh~s important to you. 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, Pennsylvania 17013 717-249-3166 June~'*r, 2003 COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Anl~ M. Crone, : Plaintiff . : Petz Unlimited, Defendant CIVIL ACTION NO. 03 -'3 LJo~ ~OMPLAINT Plaintiff Ann M. Crone is an indiv'dual residing at 39 Privet Drive, Etters, Pennsylvania 17319. ~ Defendant Petz Unlimited is located at 6560 Carlisle Pike, Mechanicsburg, PA 17050. Defendant Pet7 Unlimited is engaged in business as a seller of pets and pet supplies. The owner of Pe~z Unlimited is Port Dare. On or about May 6, 2002, plaintiff purchased an Akita puppy from defendant. The pumhase price, including all collateral charges, was $1,293.39, Defendant represented to the plaintiff that the Akita puppy was a registerable dog with the American Kennel Club ("AKC'), and that AKC papers would be provided upon completion of the transaction. After receipt of the puppy, plaintiff began to notice that the puppy (named "Dakota') exhibited unusual behavior for an Akita breed, including excessive wh'n~ng and some temperament problems. In the fall of 2002, p ant~ff realized that she had not been given AKC papers by the defendant. Plaintiff called the defendant about this and was told that there had been a "mess up." In November 2002, defendant gave plaintiff an alleged registration. This "registration" as from the Amedcan Canine Association, and had been completed by filing in the blanks of a form document on the intemet at htt~)://55.89,178.238/anDlication aSP. This document contained a date of.November 23, 2002. 10. Plaintiff has not yet received the AKC registration. 11. On January 12, 2003, plaintiff filed a complaint with the District Justice for Cumberland County, docket number CV 123-03. On Apd128, 2003, the district judge issued a default judgment awarding plaintiff $969.30 and the judgment cost of $86.50. 12. On June 6, 2003, defendant served plaintiff with a notice of appeal and praecipe to enter rule to file complaint and rule to file. COUNT I 13. DOG PURCHASER PROTECTION ACT Plaintiff incorporates the allegations of Paragraphs 1 through 12 as though fully set forth herein. 14. Defendant failed to convey the AKC registration for the Akita puppy as per defendant's representations. 15. The Dog Pumhaser Protection Act, 70 Pa. Cons. Stat. Ann. § 201-9.3, requires that a seller of a dog provide all documentation necossa .ry to effect the registration of a purchased dog to the owner within 120 days of the date of sale. 16. Pursuant to the Dog Purchaser Protection Act, plaintiff is entit ed to an award of damages in the amount equal to fifty percent of the purchase pdce. WHEREFORE, plaintiff demands judgment in her favor and against defendant in the amount of $ 646,70, Plaintiff also demands an award of court costs (including the cost of proceeding through the District Justice) and interest, Dated: June ~ 2003 I:~esp~['fully s~ubmitted, c :0ne,' ro se " Steve C. Nicholas, Esquire 2215 Forest Hills Dr., Ste. 37 Harrisburg, PA 17112-1099 (717)540-7746 MARWANE SELMANE, Plaintiff OKEMIA CREDLE SELMANE, Defendant Selmane docs/Div/CLN IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2382 Civil Term CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE On this, the ~}t:~ dayof ~X.~ ~ x~k i Selmane, Defendant in the above-caption~ matter, ldo hereby accept Divorce filed to the above-captioned term and number. 2003, I, Okemia Credle service of the Complaint in OKEI~IA CREDLE SELMANE, Defendant 623 Massachusetts Avenue Boston, Massachusetts 02118 Steve C. Nicholas, Esquire 2215 Forest Hills Dr., Ste. 37 Harrisburg, PA 17l 12-1099 (717)540-7746 MARWANE SELMANE, Plaintiff OKEMIA CREDLE SELMANE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2382 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF COUNSELINC 1. I have been advised of the availability of marriage counseling and understand that I may request that the Court require that my spouse and I participate in counseling. 2. I understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. ,2003 CREDLE SELMANE, Plaintiff - Steve C. Nicholas, Esquire 2215 Forest HillsDr., Ste. 37 Harrisburg, PA 17112-1099 (717)540-7746 MARWANE SELMANE, Plaintiff OKEMIA CREDLE SELMANE, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : : NO. 03-2382 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301{c) OF THE DIVORCE CODE 20, 2003. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed fi.om the date of filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce without notice. 4. I understand that I may lose rights conceming alimony, division of property, attorney's fees or expenses ifI do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Decree in Divorce 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 p~nalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date: October 20, 2003 / MARWANyS~LMANE, Plaintiff S~ve C. Nicholas, Esquire 2215 Forest Hills Dr., S~.37 Harcisburg, PA 17112-1099 (717)540-7746 MARWANE SELMANE, Plaintiff Vo OKEMIA CREDLE SELMANE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-2382 Civil Term CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 20, 2003. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on May 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 in Divorce without notice. 4. I understand that I may lose fights concerning alimony, division of property, attorney's fees or expenses ifI do not claim them before a divorce is granted. 5. I understand that I will not be divorced until a Decree in Divorce 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 tree 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. OKE~VIIA CREDLE SELMANE, Defendant Steve C. Nicholas, Esquire 2215 Forest Hills Dr., Ste. 37 Harrisburg, PA 17112-1099 (717)540-7746 MARWANE SELMANE, Plaintiff OKEMIA CREDLE SELMANE, Defendant : IN I'HE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-2382 Civil Term : : CIVIL ACTION - LAW 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 X 3301(c) or __ 3301(d)(1) of the Divorce Code. Date and manner of service of the Complaint: May 20, 2003 - See Acceptance of Service filed August 4, 2003 to the above-captioned term and number. 3. Complete either Paragraph A. or B. A.1 Date of execution of the Affidavit of Consent and Waiver of Notice of Intention to Request Entry of a Divorce Decree under Section 3301 (c) of the Divorce Code: by Plaintiff.' October 20 2003 by Defendant: October 20 2003 B. ! Date of execution of the Plaintiff's Affidavit required under Section 3301(d) of the Divorce Code: B.2 Date of service of Plaintiff's Affidavit upon Defendant: Date of service of Notice to Intention to Enter: 4. Related claims pending: NONE Dated: October 20 2003 NICHOLAS~A~ OFFICES~ P~C. By: _~~('/~J ~' Steve C. Nicholas, Esquire Attorney ID 06845 2215 Forest Hills Drive, Suite 37 Harrisburg, PA 17112-1099 (717)540-7746 Attomey for Plaintiff 1N THE COURT OF COMMON PLEAS MARWANE S~ ~IANE Plaintiff VERSUS Defe~nt Of CUMBERLAND COUNTY STATE OF .~~. PENNA. 03-2382 Civil Term AND NOW, DECree IN DIVORCE 2003 IT IS ORDERED AND DECREED THAT , PLAINTIFF, AND OK]~'EA CREDLE SE~M. ANE , 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: J. PROTHONOTARY