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HomeMy WebLinkAbout07-4096w ROSS M. TORRES, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. Q" 7~ ~~ CIVIL TERM ANGELA K. TORRES, Defendant :CIVIL ACTION -LAW 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 or annulment maybe 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 that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S. Bedford Street Carlisle, Pennsylvania 17013-3302 (717) 249-3166 SNELBAKER & BRENNEMAN, P.C. LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. By: Attorneys for Plaintiff i M. TORRES, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. ~ ~- `~~ 9~ CIVIL TERM ELA K. TORRES, Defendant :CIVIL ACTION -LAW IN DIVORCE COMPLAINT Plaintiff Ross M. Torres, by his attorneys, Snelbaker & Brenneman, P. C., hereby submits Divorce Complaint as follows: COUNT I -DIVORCE 1. Plaintiff Ross M. Torres is an adult individual residing at 22978 Ebersole Terrace, Ashburn, Virginia 20148. 2. Defendant .~ngela K. Torres is an adult individual residing at 4 Liberty Court, Carlisle, Cumberland County, Pennsylvania 17015. 3. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on Apri19, 1994 in Altoona, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph ~4, above. LAW OFFICES SNELBAKER & BRENNEMAN, F.C. C 6. Neither party is a member of the armed forces of the United States of America. 7. The Plaintiff avers as the grounds upon which this action is based is that the marriage the parties hereto is irretrievably broken. 8. The Plaintiff has been advised that counseling is available and that Plaintiff may have right to request that the Court require the parties to participate in counseling. 9. The Plaintiff requests this Court to enter a decree of divorce. WHEREFORE, Plaintiff Ross M. Torres requests this Court to enter a Decree of Divorce, the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and COUNT II -EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9, inclusive, of this Complaint are incorporated by reference herein. 11. The Plaintiff and Defendant have legally and beneficially acquired property and debts during their marriage from April 9, 1994. 12. The Plaintiff and Defendant have not agreed as to any equitable distribution of the marital property and debts. WHEREFORE, Plaintiff Ross M. Torres requests this Court to order equitable LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. distribution of marital property and debts. -2- WHEREFORE, the Plaintiff requests this Court to: (a) enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony; (b) order equitable distribution of marital property and debts; and (c) order such other relief as this Court deems just and reasonable. By: SNELBAKER, BRENNEMAN & SPARE, P.C. ~~~-- Keith O. Brenneman, Esquire 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Date: July 10, 2007 Attorneys for Plaintiff Ross M. Torres -3- LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. .~ VERIFICATION I verify that the statements made in the foregoing Complaint 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. i(' Ross M. Torres Date: July 10, 2007 LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ROSS M. TORRES, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 4q_ ~/D4C CNIL TERM ANGELA K. TORRES, Defendant :CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT ROSS M. TORRES, duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseiing 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 Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do NOT request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 4904 relating to unsworn falsification to authorities. Ross M. Torres Date: July 1,0, 2007 LAW OFFICES SNELBAKER SC BRENNEMAN. P.C. ~I ~ Q i ~ ~ ~ ~t i ~i {7 o rJ ©~ -~ r==~ ~_ ~_ 4 ~ n ~ c:~ ~~ __ ~ _ ~ ~ Y,. ~, ~` ` ~ ;t-r't ;:. .. "~r R ' ." x~ rD ~t SS M. TORRES, 1N THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-4096 CIVIL TERM GELA K. TORRES, Defendant :CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE ONWEALTH OF PENNSYLVANIA ) SS. OUNTY OF CUMBERLAND ) Keith O. Brenneman, Esquire, being duly sworn according to law deposes and says: that is a principal in the law firm of Snelbaker & Brenneman, P. C., being the attorneys for Ross Torres, Plaintiff in the above captioned action in divorce; that on July 11, 2007 he did send to Angela K. Torres by certified mail, return receipt requested, restricted delivery, a duly copy of the Complaint in Divorce which was filed in the above captioned action as by the attached cover letter of the same date and Receipt for Certified Mail No. 7003 010 0000 8131 0890; that the Complaint and cover letter were duly received by Defendant K. Torres, as evidenced by the return receipt card for said certified mail dated July 31, 007; that a copy of the aforementioned cover letter dated July 11, 2007 is attached hereto and by reference herein as "Exhibit A" and that the original Receipt for Certif ed Mail the Domestic Return Receipt are attached hereto and incorporated by reference herein as 'Exhibit B"; and that the foregoing facts are true and correct to the best of his knowledge, LAW OFFICES SNELBAKER & BRENNEMAN, P.G. ~ ~~ ion and belief. i~ Keith O. Brenneman to and subscribed before me 3`d day of August, 2007. Notary Public ONWEALTH OF PENNSYLVANIA Notarial Seal Susan L Matrazi, Notary Publ^ic~,,.~, MY~' F_xpires Nov. 24, 2f>~7 Member, Pennsylvania Asaoclatfon of Notarise LAW OFFICES -2- SNELBAKER 8C BRENNEMAN, P.C. r~ RICHARD'C. SNELBAKER KEITH O. BRENNEMAN Angela K. Torres 4 Liberty Court Carlisle, PA 17015 SNELBAKER ~ BRENNEMAN, P.C. A PROFESSIONAL CORPORATION ATTORNEYS AT LAW 4d WEST MAIN STREET MECHANICSBURG, PENNSYLVANIA 17055 717-697-8528 July 11, 2007 Re: Tones v. Torres Dear Ms. Tones: P. O. BOX 318 FACSIMILE (717) 697.7681 Enclosed please find a certified copy of a Divorce Complaint, the original of which was filed July 10, 2007 at the Prothonotary's Office at the Cumberland County Courthouse. Yours truly, Keith O. Brenneman KOB/sm Enclosure CC: Ross M. Torres By certified mail, return receipt requested, restricted delivery, parcel No. 7003 1010 0000 8131 0890 EXHIBIT A .~ o ~ ~ ~ ~a . ~o Postage $ O 0o celti~ed Fee j , ~,,;"-'. -(` : o~ ,tip, t7 Retum Reciept Fee (ErMorsemeM Required) ~ ~ , T~ ~re ~ Restricted Delivery Fee (Endorsement Required) ~ ~ o ~ ~~ ~'' ~`` d ;' • - Q-i e~ Total Postage & Fees $ `.~ ~ ~d m 7 ~ o M1 t To Angela K. Torres ~~ Shiset Apt. No.; --------------°°°------°_._°.--°--------------------------- ------ wPOBoxNo. 4 Liberty Court City, State, ZfP+4 -----------°^-------------------- ----------------------° ---------- Carlisle, PA 17015 ^ Complete items 1, 2, and 3. Also complete (a Item 4 if Restricted Delivery is desired. ^ Rint your name and address on the reverse so that we can return the card to you. ~, ^ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deliv 1. Article Addressed to: If YES, Angela F:. Torres 4 Liberty Court Carlisle, PA 17015 ^ Agent r nted N nfe) _ C. Date of De -~ ~ < <a dress di t iron Item 1? ^ Yee delivery address below: ^ No 3. xirtitled Mail ^ F~tpreae Mall ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) ^ Yes LAW OFFICES SNELBAKER 8C BRENNEMAN. P.C. 2. Article Number (transfer from servke label) 7 0 3 1 D 1 D a o a a 8131 ~ 8 9 ~ PS Form 3811, February 2004 Domestic Return Receipt toz~s~-o2-M-tsaa EXHIBIT B ' rv .~_ ~~~ ~., ~°$~ { .. V E ~-,~~ ~~ ~~ ~~~ ~ U?,= C ~- ~ ~ ~ ; Its ~ f~ -~ .:A41~ - ~fZ't tV ~ Q't " G ROSS M. TORRES, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-4096 CIVIL TERM ANGELA K. TORRES, Defendant :CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 330 Vic) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(d) of the Divorce Code was filed on July 10, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. 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 unsworn falsification to authorities. r,,.~ Date: r,, `-`~ ~~~~ "!, ~~ Ross M. Torres LAW OFFICES SNELBAKER 8C BRENNEMAN. P.C. 2~Q~ ~~~~~ ~ ~ 'r i~'~ ~;~ -,- ~~ d'~ ~,j 3 a, S M. TORRES, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant :CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. 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 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 that a copy of the decree will be sent to me immediately after it is filed with the 4. I verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to NO. 2007-4096 CIVIL TERM K. TORRES, falsification to authorities. ,, ~;, > No ~ ~, a~~ ' ~ ~- ~~~ ~: 3~~~~ Ross M. Torres LAW OFFICES SNELBAKER EC BRENNEMAN. P.C. ~~4 ~'~~r I ~ ~ ~ s i?: ~: . , . t ,. ~. yl SS M. TORRES, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-4096 CIVIL TERM GELA K. TORRES, Defendant :CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(d) of the Divorce Code was filed on 10, 2007. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) have elapsed from the date of tl~e filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to entry of the decree. 4. r verify that the statements made in this Affidavit aze true and correct. I understand false statements herein aze made subject to the penalties of 18 Pa. C. S. § 4904, relating to falsification to authorities. . ~ IC. _t ~J~J ~ ~-G4~ - Angela ~. Torres LAW OFFICES SNELBAKER & BRENNEMAN, P.C. ~ _ i~ l"' +"'.:... - M n fit', ,r ~-. r r~ ,;ly;f } .~. M. TORRES, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-4096 CIVIL TERM GELA K. TORRES, Defe~~dant :CIVIL ACTION -LAW IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may ]os~ rights concerning alimony, division of property, lawyer's or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not he divorced until a divorce decree is entered by the Court that a copy of the decree will be sent to me immediately after it is filed with the 4. 1 verify that the statements made in this affidavit are true and correct. I understand false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to falsification to authorities. ~~ ~ ~~ Angela ~~+~ LAW OFFICES SNELBAKER 8C BRENNEMAN. P.C. Fr ~ ~ ~s.l.~. Li~,J3~~vi! t.~ ~s ~:i: v:a (,,,i p~;: ~ ~.~`~`~1, ,. , f ~~ ,;~'~ ro r ~ f' ~: ROSS M. TORRES, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-4092 CIVIL TERM ANGELA K. TORRES, Defendant :CIVIL ACTION -LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD ~ TO: Prothonotary of Cumberland County: Please transmit the record, together with the following information, to the Court for entry lof a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce I Code. 2. Date and manner of service of Complaint: certified mail, restricted delivery on July X31, 2007 (see Affidavit of Service filed August 6, 2007). 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the Plaintiff: November 4, 2009; by the Defendant: November 5, 2009. 4. Date of execution of Waiver of Notice in Section 3301(c) Divorce: by the Plaintiff: ovember 4, 2009; by the Defendant: November 5, 2009. 5. Related pending claims: None. SNELBAKER & BRENNEMAN, P. C. IU ~" November 13, 2009 By: t Attorneys for Plaintiff LAW OFFICES SNELBAKER EC BRENNEMAN, P.C. ROSS M. TORRES IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ANGELA K. TORRES NO. 2007-4096 DIVORCE DECREE AND NOW, I~te~c.we~sc~f ~`~ ~.~ , it is ordered and decreed that ROSS M. TORRES plaintiff, and ANGELA K. TORRES ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate °None.") None. The parties' Post-Nuptial Agreement dated September 18, 2009 is incorporated but not merged into this Decree. By the Court, '~`~ Attest: J. Prothon tary ~ N.~p o~ yam`