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HomeMy WebLinkAbout99-06316IN THE COURT OF COMMON PLEAS y OF CUMBERLAND COUNTY f r STATE OF + PENNA. JOAN L. ZNANIECKI, Plaintiff ?u._9.9-631.6 ... ................. \'??rsus LARRY S. ZNANIECKI, Defendant DECREE IN DIVORCE Y AND NOW,.... S4 2F, M. 2D.4Q it is ordered and decreed that . JQAK .4..fKANIECKI ............................ plaintiff, and .. -4ARRX .6.. Z.NANUCKI .................................. defendant, are divorced from the bonds of matrimony. r 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 r been entered; NONE ..., ..................... 0y 7 to Co 'r1 Attest: ? J. Pr, honotary .., 'V iv ?R it i f ?. • `? . 9a7? ? ?? ,?u?'?a-? G??? ? ??: ?. a;?ri k E<? ??? a ? ? ,: ??. s x.,M Per ??? , '.Jp. ?? ?y,. f^+? "t T' ? ?i? a y ty7:, ? t• y'... JOAN L.'ZNANIECKI, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. LARRY S. ZNANIECKI, CIVIL DIVISION Defendant NO.99-6316 CIVIL TERM 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 §3301(c) 3301(d)(1) of the Divorce Code. (Strike out Inapplicable section). 2. Date and manner of service of the complaint: Certified mail return receipt requested - Restricted Delivery on 10/10199 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff 9114/2000 ; bydefendant S/1/2o00 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 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: (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: S441?, / ' Pane) Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: Atf n for Plaintiff /JLiwQHISt NYfl64..eArf+*m»cP: bG ?ru ..,.am .. .,M ....... .. ... ... ..... .. .... _. .. .....,_. ....:,.__. t r a 's ,:? w 4.3 a a -H 41 ro ro E U r, E W m M w ~ W o 3 < 0 •a H a U Q gI C L ? a w 0 z -' ? 9_ O O I N Z W } O it N u a O H UU N ?j 2 a' 7=S ? a >4 i-1 a Z a H y z 0 h a r + E) Z I- r d U Z$ I-j 0- JP 4i J t. 4i- ? ^ i^ L Q cl , r ? I It, JOAN L. ZNANIECKI, Plaintiff VS. LARRY S. ZNANIECKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-431G IN DIVORCE 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 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, Pennsylvania (717) 249-3166 n! Anthony L. DeLuca, Esquire O 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 JOAN L. ZNANIECKI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - LAW LARRY S. ZNANIECKI, NO. q 9. L3J6 Defendant DIVORCE COMPLAINT AND NOW, comes the Plaintiff, JOAN L. ZNANIECKI, by her Attorney, Anthony L. DeLuca, Esquire, and seeks to obtain a Decree in Divorce, from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is JOAN L. ZNANIECKI, who currently resides at 33 High Street, p.o. Box 281, Boiling Springs, Cumberland County, Pennsylvania since June, 1976. 2. Defendant is LARRY S. ZNANIECKI, who currently resides at 153 Morningside Drive, Falling Waters, West Virginia 25419, since Dacember, 1997. 3. Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. •, 4. The Plaintiff and Defendant were married on January 131 1978 at Carlisle, Cumberland County, Pennsylvania. I 0j 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions of divorce or for annulment between the parties in this or any other jurisdiction. 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 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (c) OF THE DIVORCE CODE S. The prior paragraphs of this complaint are incorporated herein by reference as though set forth in full. 9. The marriage of the parties is irretrievably broken. 10. 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. 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, the Plaintiff respectfully requests the Court to enter a decree in divorce pursuant to Section 3301 (c) of the Divorce Code. REQUEST FOR A FAULT DIVORCE UNDER SECTION 3301 (a) (6) OF THE DIVORCE CODE 11. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 12. Defendant has offered such indignities to Plaintiff who is the innocent and injured spouse as to render Plaintiff's condition intolerable and life burdensome. 13. This action is not collusive as defined by Section 303 of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 (a) (6) of the Divorce Code. COUNT III EQUITABLE DISTRIBUTION 14. The prior paragraphs of this complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff and Defendant have acquired property, both real and personal, during their marriage until gecember 31,1997, the date of their separation. 16. Plaintiff and Defendant have been unable to agree as to an equitable distribution of said property. WHEREFORE, Plaintiff prays for the entry of an Order distributing all of the aforementioned property, real and personal, as the Court may deem equitable and just, plus costs. COUNT III ALIMONY 17. Paragraphs 1 through 16 of this complaint are incorporated herein by reference as though set forth in full. . el 18. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 19. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of reasonable temporary alimony until final hearing and permanently thereafter. Respectfully Submitted, Anthony L1 eLUca, Esquire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 x`?1; s if ?• VERIFICATION 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. C.S. $ 4904, relating to unsworn falsification to authorities. f ' Date: Joan L. 2 #niecki, Plaintiff JOAN L. ZNANIECKI, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : CIVIL ACTION -LAW LARRY S. ZNANIECKI, NO. 99-6316 Defendant : IN DIVORCE 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on October 15, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of the decree. 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. Sec. 4904 relating to unworn falsification to authorities. Dale: L#ry S. Znani Defendant rqf h! ?? c h? ' [.zj. h I ?t?b 4` ,?„ i` t Cti,?f1 i ?r43S ' b.'r .. Y •0! l ir?jR' ?1 ?? ' ff f? sFt'??s e f?` r. ;r(, v z. ? ., ' Y zr$'?? ???' y Y: f:'J"yi! ?? . i?t?, :5 ??` ., K eaF Fi R,"R?3 r'_A?rtiO c i?? `'y^ ????? ,_ Rf^ eefy Y'{i'y{ :'"'•. i It ? / ? ? JOAN L. ZNANIECKI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. LARRY S. ZNANIECKI, Defendant CIVIL ACTION - LAW : NO. 99-6316 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 1. 1 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, lawyers 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. 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 P&C.S. §4904 relating to unswom falsification to authorities. Date: L6iTy S. Znaniecki, Defendant . . JOAN L. ZNANIECKI, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA VS. LARRY S. ZNANIECKI, Defendant CIVIL ACTION - LAW : NO. 99-6316 : IN DIVORCE 1. A Complaint in divorce under Section 3301 (c) of the Divorce Code was filed on October 15, 1999. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of the decree. 1 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. Sec. 4904 relating to unswom falsification to authorities. Date: 9- lq- Od "` ,crccc<<,Ec Joan L. Znanieckr Plaintiff 1 , j ?} LO S r 12 1 J, CLJ +?e cl) n Y ti s I _ - JOAN L. ZNANIECKI, Plaintiff VS. LARRY S. ZNANIECKI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 99-6316 IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) OF THE DIVORCE CODE 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 I do not claim them before a divorce is granted. 3. 1 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. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein arc made subject to the penalties of 18 Pa.C.S. §4904 relating to unswom falsification to authorities. Date: - -Gv ,zit 1?,uQe? 1 an6 L. Znaniec , Plaintiff L-1 7 i ?..1.k ?s 1 i }q ?3 of )) f ,1 F'frS ; Y? ?p ? 1 1 3 .?. i :. ? i?<FCrl?,r JOAN L. ZNANIECKI, Plaintiff VS. LARRY S. ZNANIECKI, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION -LAW NO. 99-6316 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND SS. Anthony L. DeLuca, attorney for Plaintiff, being duly sworn according to law, says that he mailed by certified mail, return receipt requested, a true and correct copy of the Complaint in Divorce under Section 3301 (c) of the Divorce Code to the Defendant at his residence and that Defendant did receive same, as evidenced by the signed receipt attached hereto as Exhibit "A". By. ; 41 Anthony L. DeL quire 113 Front Street P.O. Box 358 Boiling Springs, PA 17007 (717) 258-6844 'e, c_a' otary Public Sworn to and subscribed before a this /101day of 4X.4,, 2000. NOTARIAL SEAL MARJORIE A. DeLt1CA, Notary Public SaAh Middleton Twp. Cumb ftW Co. 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