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Home My WebLink About07-3119 Jeremiah J. Underhill, Esquire Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 j underhilla,underhilllawoffice. com Candi L. Schillaci, IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) Stephen M. Schillaci, ) NO. ,O -311 q CIVIL TERM Defendant. ) ACTION 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 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 also lose money or property or other rights important to you. 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 at the Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Jeremiah J. Underhill, Esquire Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 j underhilla,underhilllawoffice. com Candi L. Schillaci, IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) Stephen M. Schillaci, ) NO. 0 7 -,311 q CIVIL TERM Defendant. ) ACTION IN DIVORCE COMPLAINT W DIVORCE UNDER SECTION 3301(d) OF THE DIVORCE CODE Plaintiff, by her attorney, Jeremiah J. Underhill, respectfully represents: 1. Plaintiff is Candi L. Schillaci who currently resides at 124 West Portland St. Apt 2 in Mechanicsburg, Cumberland County, Commonwealth of Pennsylvania, 17055. 2. Defendant is Stephen M. Schillaci who currently resides at 3540 Tutwiler Ave. in Memphis, Tennessee 38122. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on 7/3/1995, in Memphis, State of Tenn.. 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 has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. 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. 8. The marriage of the parties is irretrievably broken. 9. The parties separated on January, and have been living separate and apart since March of 2001. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce pursuant to Section 3301(d) of the Divorce Code.. I verify that the statements made in this Complaint are true and correct to the best on my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relation to unworn falsification to authorities. DATE: v eremiah J. Underhill, Esquire Attorney I.D. # 203870 Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 Jeremiah J. Underhill, Esquire Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 junderhill@,underhilllawoffice.com Candi L. Schillaci, ) IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) Stephen M. Schillaci, ) NO. - 3 f CIVIL TERM Defendant. ) ACTION IN DIVORCE NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within 20 days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in [date], and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my 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 affidavit are true and correct to the best on my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relation to unsworn falsification to authorities. DATE: 5Z2-3/0 Jeremiah J. Underhill, Esquire Attorney I.D. # 203870 Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 ?". ?..? ? -= ? .. ? r, -n ?, ?. ? W ? T `' ?` (ter ? .? ---, f ?- ?. 1 ) ? r - '' ?' ? b _.. rte, =< ? k Candi L. Schillaci : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 07-3119 CIVIL TERM Stephen M. Schillaci : ACTION IN DIVORCE Defendant AFFIDAVIT OF SERVICE I, Jeremiah J. Underhill, hereby verify that on the 23th day of May, 2007, I served the Defendant with a true and correct copy of the Divorce Complaint by the following method: Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the 23th day of May, 2007. The USPS attempted delivery on May 26, 2007 and left a note instructing the Defendant that his package was waiting at the Post Office. The Defendant never contacted the Post Office nor did he attempt to pick up his certified mail. On May 23, 2007 I also send Defendant a true and copy of the Divorce Complaint via standard first class mail via the United States Postal Service. The Letter was never returned and 15 days has elapsed since its mailing. Pursant to Pa.R.C.P. No. 1930.4 (Service of Original Process in Domestic Relations Matters) service is deemed to have been completed. 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. § 4904 relating to unworn falsification to authorities. yk Date: K? -7 /,/ Signature of the Person who Made Service c? CrIO =3 ` . ?? ?,rTI } z1 .r 'Z7 `?_i ?C7 Jeremiah J. Underhill, Esquire Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 j underhill@,underhilllawoffice. com Candi L. Schillaci, ) IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) Stephen M. Schillaci, ) NO. 07-3119 CIVIL TERM Defendant. ) ACTION IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF SECTION 3301(d) DIVORCE DECREE TO: Stephen M. Schillaci You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the Plaintiff's affidavit to the 3301(d) affidavit. Therefore, on or after August 2, 2007 the Plaintiff can request the court to enter a final decree in divorce. If you do not file with the Prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the Prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 Jeremiah J. Underhill, Esquire Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 junderhill@,underhilllawoffice.com Candi L. Schillaci, IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) Stephen M. Schillaci, ) NO. 07-3119 CIVIL TERM Defendant. ) ACTION IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b) [ ] (a) I do not oppose the entry of a divorce decree. [ ] (b) I oppose the entry of a divorce decree because (Check (i), (ii), or both): [ ] (i) The parties to this action have not lived separate and apart for a period of at least two years. [ ] (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): [ ] (a) I do not wish to make any claims for economic relief. 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. [ ] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct to the best on my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relation to unworn falsification to authorities. DATE: Stephen M. Schillaci Defendant NOTICE: IF YOU DO NOT WISH TO OPPOSE THE ENTRY OF A DIVORCE DECREE AND YOU DO WISH TO MAKE ANY CLAIM FOR ECONOMIC RELIEF, YOU SHOULD NOT FILE THIS COUNTER-AFFIDAVIT. Candi L. Schillaci, IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) Stephen M. Schillaci, ) NO. 07-3119 CIVIL TERM Defendant. ) ACTION IN DIVORCE CERTIFICATE OF SERVICE I, Jeremiah J. Underhill, Esq, hereby certify that I served a true and correct copy of the foregoing Motion to Vacate upon the person named below by certified U.S. mail on the 12th day of July, 2007. Jeremiah J. Underhill, Esquire Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 j underhill(d),underhilllawoffice. corn v co { < :r e `\ Jeremiah J. Underhill, Esquire Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 iunderhillaunderhilllawoffice. com Candi L. Schillaci, ) IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) Stephen M. Schillaci, ) NO. 07-3119 CIVIL TERM Defendant. ) ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, along with the following information to the court for entry of a divorce decree: 1. Ground for Divorce: hTetrivable breakdown under 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served via First class certified mail, restricted delivery, with return receipt on May 26, 2007. 3. (a) Date of execution of the affidavit required under 3301(d)(1) of the Divorce code: Plaintiff filed her affidavit with the Prothonotary on May 23, 2007. (b) Date of filing and service of the plaintiffs affidavit upon the respondent Defendant was served via First class certified mail, restricted delivery, with return receipt on May 26, 2007. 4. Related Pending claims: NONE 5. Date and manner of service of the notice of intention to file Praecipe to Transmit record: ` op, e % Defendant was served via First class certified mail, restricted delivery, with return receipt on July 18. A7 - - ( 'I 4?q/ / . (' , " Jeremiah J. Underhill Attorney for Plaintiff I.D. # 203870 116 Pine St. Suite 015 Harrisburg, PA 17101 .+ s? -?} tom`' ? , , ?* ???µ ? ?`_. C??-` ? : `. ? ?;, ?.,,? ..-t ?' ?.' CANDI L. SCHILLACI, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. STEPHEN M. SCHILLACI, DEFENDANT 07-3119 CIVIL TERM ORDER OF COURT AND NOW, this I day of September, 2007, the request for the entry of a decree in divorce, IS DEFERRED. In order to determine if the complaint and Section 3301(d) affidavit has actually been properly served under Pa. Rule of Civil Procedure 1930.4(c), plaintiff shall amend the affidavit of service by attaching the returned green card for the certified mail that was sent to defendant on May 23, 2007. ,46r'emiah J. Underhill, Esquire 116 Pine Street Suite 015 Harrisburg, PA 17101 For Plaintiff :sal J C C5 SR -V cn rn rn x_.: OD ii N i t0 Caudi L. Sehillsei : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY,PENNSYLVANIA V. : NO. 07-3119 CIVIL TERM Stephen M. Sehillsei : ACTION IN DIVORCE Defendant AMENDED AFFIDAVIT OF SERVICE I, Jeremiah J. Underhill, hereby verify that on the 23th day of May, 2007, I served the Defendant with a true and correct copy of the Divorce Complaint by the following method: Service was made by United States Postal Service, first class mail, postage prepaid, certified, restricted delivery, return receipt requested to the Defendant, on the 23th day of May, 2007. The USPS attempted delivery on May 26, 2007 and left a note instructing the Defendant that his package was waiting at the Post Office. The Defendant never contacted the Post Office nor did he attempt to pick up his certified mail. The complaint was returned to my office more than 40 days after it was mailed. On May 23, 2007 I also send Defendant a true and copy of the Divorce Complaint via standard first class mail via the United States Postal Service. The letter was never returned. Pursant to Pa.R.C.P. No. 1930.4 (c) (Service of Original Process in Domestic Relations Matters) service is deemed to have been completed. The USPS Certified Mail Receipt and the Green Return Receipt Card are attached. I verify that the statements made in this affidavit are trove and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unworn falsification to authorities. Date: ? ? if -? Signature of the Person who Made Service yoar rNafw wW on ""tee ab tMt wr o4h ? the Md to yam,. Attwh tMs M d to Ow brick of the MWOWott,, orcn#w1 NAP 1. hlki? A?pkM?Nd to. 2. Ar#d& titrrw ?1tra,irawu. r MM O !b>a?r lw? * a , V1 1. CO r-1 Ir Er Q' rn postage $ 1 CerNed Fee $2.65 r • O (En mat Required $2.15 r'e"""?!? (Endo nt RRequlre?d)r? O u1 ?- Tatel Postage a Fees $ f5. ?7 m orPOBwtNb s 11? r ( -------.. ....•. ?1S 36? ZIP4s ,-lS! .`.1?.1?.u.???..?,?ir,,,_,.,.,_ i i ??Q-0S~?4f6+10 F.djjj ffA it c4l rri AiM1', u7 'rC' C, a< Jeremiah J. Underhill, Esquire Underhill Law Office 116 Pine St. Suite 015 Harrisburg, PA 17101 717-233-3354 j underhill@underhilllawoffice. com Candi L. Schillaci, ) IN THE COURT OF COMMON PLEAS Plaintiff, ) CUMBERLAND COUNTY, PENNSYLVANIA V. ) Stephen M. Schillaci, ) NO. 07-3119 CIVIL TERM Defendant. ) ACTION IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, along with the following information to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrivable breakdown under 3301(d)(1) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served via First class certified mail, restricted delivery, with return receipt on May 26, 2007. 3. (a) Date of execution of the affidavit required under 3301(d)(1) of the Divorce code: Plaintiff filed her affidavit with the Prothonotary on May 23, 2007. (b) Date of filing and service of the plaintiff's affidavit upon the respondent Defendant was served via First class certified mail, restricted delivery, with return receipt on May 26, 2007. 4. Related Pending claims: NONE 5. Date and manner of service of the notice of intention to file Praecipe to Transmit record: Defendant was served via First class certified mail, restricted delivery, with return receipt on July 18. U'X}4 = I0/1.?O-t Jeremiah J. Underhill Attorney for Plaintiff I.D. # 203870 116 Pine St. Suite 015 Harrisburg, PA 17101 Q ? ? ?_ ? LT ? i 1 ' ? ? x ' ? S i1 L ? .?.. ? Cf> _? FV ?'"ti ?' , ? _;-: _ ? ? -,t - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. VERSUS .?tnL c„ 1h No. o-7-LN DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT ?lM r ?'`-' ?vr ? I Ion, PLAINTIFF, AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; owc--- BY THEICOURT: ATTEST: ` J. F'a. mz w PROTHONOTARY ti -4b lf7`?V iv a