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Home My WebLink About07-4541 John C. Howett, Jr., Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rita A. Girondi IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA A. GIRONDI, Plaintiff ) v. ) N0.2007- H5y1 CIVIL TERM JOSEPH J. MARGIN, ) CIVIL ACTION -LAW Defendant ) 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 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, One Courthouse Square, Carlisle, Pennsylvania, 17013. 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 32 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA A. GIRONDI, Plaintiff ) v. ) NO. 2007- ys y / CIVIL TERM JOSEPH J. MARGIN, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Rita A. Girondi, by and through her counsel, Howett, Kissinger & Holst, P.C., who states the following in support of the within Complaint: 1. Plaintiff is Rita A. Girondi, an adult individual who currently resides at 2305 Claridge Court, Enola, Cumberland County, Pennsylvania, 17025. 2. Defendant is Joseph J. Marcin, an adult individual who currently resides at 2305 Claridge Court, Enola, Cumberland County, Pennsylvania, 17025. 3. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on June 18, 1988 in Hershey, Pennsylvania and separated within the home on June 1, 2006. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States of its allies within the provisions of the Servicemembers Civil Relief Act of the Congress of 1940 and its amendments. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of 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 -DIVORCE PURSUANT TO §3301(c) or (d) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT II -EQUITABLE DISTRIBUTION 10. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 11. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. COUNT III -COUNSEL FEES, EXPENSES AND COSTS OF SUIT 12. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 13. Plaintiff has retained an attorney to bring this action and has agreed to pay him a reasonable fee. 14. Plaintiff has incurred and will incur costs and expenses in prosecuting this action. 15. Plaintiff is not financially able to meet either the expenses and costs of prosecuting this action or the fees to which her attorney will be entitled in this case. WHEREFORE, Plaintiff requests the Court to enter an award of interim counsel fees, costs and expenses until final hearing and thereupon award such additional counsel fees, costs and expenses as deemed appropriate. COUNT IV -EXCLUSIVE POSSESSION OF FAMILY HOME 16. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 17. In accordance with 23 Pa.C.S.A. Section 3502(c), the Court may award to one of the parties the right to live in the family home. WHEREFORE, Plaintiff respectfully requests that the Court order that she be entitled to the exclusive use of the family home on both an interim and permanent basis. Respectfully submitted, Date: ~ /3 ~~~~ Iehu~C. Howett, Jr., Es~Quire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rita A. Girondi VERIFICATION I, Rita A. Girondi, hereby swear and affirm that the facts contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date: July 31, 2007 ~ ~ . Rita A. Girondi ~ _N ~ ~. (~ ~ GJ (~j'l ~('~ L.. ~ f ... ~ ~ ~ C~:r ~^ s.._ b ~ ~ ~ cn W~ w ~o ~, ~ o p, °4 ~i~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA A. GIRONDI, v. JOSEPH J. MARGIN, Plaintiff NO. 2007-4541 CNIL TERM Defendant CIVIL ACTION -LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Joseph L. Hitchings, Esquire, accept service of the Complaint in Divorce on behalf of Joseph J. Marcin, Defendant in the above-captioned action, and certify that I am authorized to do so. 1 Date: ~'- /- p''7 ~. seph L. Hitc] MCSHANE & 4807 Linglestown Road, Suite 14~ Harrisburg, PA 17109-1751 Telephone: (717) 657-3900 Counsel for Defendant Joseph J. Marcin ~ ~ --~ r-- r~ ,' ~ ~ [~ ~' ~ ~ ~ ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA A. GIRONDI, JOSEPH J. MARGIN, 1. July 31, 2007. 2. Plaintiff ) v. ) Defendant ) NO. 2007-4541 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT A complaint in divorce under §3301(c) of the Divorce Code was filed on 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 a final decree in divorce after service of notice of intention to request entry of the decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §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 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 above 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. a~ a-oo7 ~ . to . Girondi, Plaintiff ~a C~ ~-b.,, 7~ _~ (~' -~ .:~ RITA A. GIRONDI, IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 2007-4541 CIVIL TERM JOSEPH J. MARGIN, :CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on July 31, 2007. 2. The marriage of the Plaintiff and Defendant is irretrievably broken, and ninety days have elapsed from the date of both 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. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &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 lose rights concerning alimony, division of property, lawyer's 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 above are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: // Zd~' d eph Marcin e ant C~ ~ ~ c~ C; -n e`~ .- Fr.J g-`' f ~ l.~? ~ t .~! _~. .. ~ C`1' ; ---i <:` .. f .~;:~ 4 -+y. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA A. GIRONDI, JOSEPH J. MARGIN, Plaintiff v. Defendant PRAECIPE WITHDRAWING ANCILLARY CLAIMS NO. 2007-4541 CIVIL TERM CIVIL ACTION -LAW IN DIVORCE TO THE PROTHONOTARY: Please withdraw all ancillary claims filed by the Plaintiff, Rita A. Girondi, in her Compliant in Divorce docketed to the above term and number. Date: l ~ ~~~ ~~ Respectfully submitted, P36 Walnut Street, P.O. Box 810 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rita A. Girondi Harrisburg, PA rv ,K; 3ii J~ ~ ;'s-.' -'3 . ~ t j C.,. _~ ~~ -,G: 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA RITA A. GIRONDI, Plaintiff ) v. ) NO. 2007-4541 CIVIL TERM JOSEPH J. MARGIN, ) CIVIL ACTION -LAW Defendant ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Joseph L. Hitchings, Esquire on August 1, 2007; Acceptance of Service filed on August 10, 2007. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, November 28, 2007; by defendant, November 28, 2007. 4. Related claims pending: No related claims pending. 5. Date plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: ~~ ~~ John C. owett, Jr.,~squir TT, KISSINGER & H ST, .C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Rita A. Girondi • - . ~ ~- `;' ~ ~~ ~~' i~ ~ ~ -n ; ; ;~ ~~~; .~.~ i-, ~~ ;.,. f.~ R ~~~f I~ ~ ~ '{w I N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. =~ ~ ~~; RITA A. GIRONDI, , , N O . 2007-4541 CNIL TERM VERSUS JOSEPH J. MARGIN, Defendant DECREE IN DIVORCE ~ e.cey~~er ~1 2007 AND NOW, IT IS ORDERED AND RITA A. GIRONDI DECREED THAT JOSEPH J. MARGIN AN D ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; None. BY THE COURT: PROTHONOTARY P 7 .~