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HomeMy WebLinkAbout03-5701REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 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 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. 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 1701 ! Telephone: (717) 763 - 1383 Attorneys for Plaintiff AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA : NO. : : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAIMAR DERECHOS USTED HA DISO DEMANDANDO EN LA CORTE. Is desea defenderse de las quejas expuestas en las pfiginas siguientes, debar romar acci6n con prontitud. Se la avisa que is no se defiende, el caso purde proceder sin usted y decreto de divorcio o anulamiento puede ser emitado en su contra pot la Corte. Una decisi6n puede tambi6n sar emitida en su contra pot caulquier otra queja o compensaction reclamados pot el demandante. Usted puede perder dinero, o sus propiedades o otros derechos importantes para usted. Cuando la base para el divorcio es indignadades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales estfi disponible en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTACIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDO PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE SE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 1-800-990-9108 REAGER & ADLER, PC BY: DEBRA DENISON CANTOR, ESQUIRE Attorney I.D. No. 66378 2331 Market Street Camp Hill, PA 17011 Telephone: (717) 763-1383 Attorneys for Plaintiff AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 1. Plaintiff is Amy E. Fratello, an adult individual who currently resides at c/o Reager & Adler, PC, 2331 Market Street, Camp Hill, Cumberland County, Pennsylvania 17055. 2. Defendant is Jay L. Marts, an adult individual who currently resides at 4173 Fellsland Drive, Colorado Springs, Colorado 80922. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. 6. 7. The Plaintiff and Defendant were married on December 31, 2002, in Las Vegas, Nevada. There have been no prior actions of divorce or for annulment between the parties. Defendant is in the Army with the rank of Lieutenant Colonel. Plaintiff avers that there are no children of this marriage. 8. The marriage is irretrievably broken. 9. Plaintiffhas been advised that counseling is available and that Defendant may have the right to request that the court require the parties to participate in counseling. Plaintiff declines counseling. 10. intends to file an Affidavit consenting to a divorce· 11. In the alternative, Plaintiff will file a 3301(d) Affidavit and provide the appropriate notices two (2) years from the date of separation. WHEREFORE, Plaintiff respectfully requests this Court to enter a decree of divorce pursuant to Section 3301 (c) or (d) of the Divorce Code. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff Dated: By: Respectfully submitted, nR & ADl ER, PC .D/~ ~t~;'7~squire 2331 Market Street Camp Hill, PA 17011 Telephone No. (717) 763-1383 Attorneys for the Petitioner VERIFICATION I, Amy E. Fratello, verify that the statements made in this Complaint are true and correct to the best of my knowledge, information and belief. 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. Date: Amy E. Fra~tello AMY E. FRATELLO, Plaintiff V. JAY L MARTS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5701 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Debra Denison Cantor, Esquire ofREAGER & ADLER, P.C. do hereby certify that I served a certified copy of the Divorce Complaint on the Defendant Jay L. Marts, by Certified Mail, Restricted Delivery on the 8th day of November, 2003, as is evidenced by the signature of the Defendant on the Return Receipt card attached hereto as Exhibit A. Said Complaint in Divorce was mailed to Defendant by depositing a tree and exact copy thereof in the United States mail, first class, Certified Mail, Restricted Delivery, Return Receipt Requested postage prepaid, addressed as follows: Daterl ( ~O/D ~'~ Jay L. Marts 4173 Fellsland Drive Colorado Springs, CO 80922 Dell~--a2)enison .q/ffht o~ E s qu'~rre Attorney ID. lx~6ff78 REAGER & ADLER, P.C. 2331 Market Street Camp Hill, PA 17011-4642 Telephone No. (717) 763-1383 Attorneys for the Plaintiff EXHIBIT A · Complete items 1, 2, and 3. ~ ~ item 4 if Restricted Delivery is desired. · Print your.[~ and address on the reveme ~ that w~lt~l~hJrn the card to you. · Attanh thiS'Eard to the back of the mallplece, or ~ the f'n3nt if space permits. 1. ~ Addressed to: A. Received by p:~ase Pdnt Clearly) ~ of Detiw~ [] Ager~ Jay L. Marts 4173 Fellsland Drive Colorado Springs, CO 80922 7002 2030 0000 20'95 1605 PS Fon'n 3811, March 2001 Dome~,c Re~rn i lo2s~s-m.~14~, CERTIFICATE OF SERVICE I hereby certify that on the date set forth below a true and correct copy of the foregoing Affidavit of Service was served on the following individuals via United States First Class Mail, postage prepaid as follows: Jay L. Marts 4173 Fellsland Drive Colorado Springs, CO 80922 Dated: D/6br~ D~/ni~n cantor, · ~Ufl'me)LI-D No. 66378 2~531 Market Street Camp Hill, PA 17011 (717)730-7366 Attorney for the Plaintiff Esquire AMY E. FRATELLO V. JAY L. MARTS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2003-5701 CIVIL ORDER OF COURT AND NOW, this 20TM day of FEBRUARY, 2004, it appearing to the Court that the complaint in divorce was served on November 8, 2003, and the affidavits of consent were executed less than 90 days thereafter in violation of Rule 1920.42(b)(1); the request for the entry of a Final Decree in Divorce is DENIED without prejudice. Edward E. Guido, ]. Debra Denison Cantor, Esquire 2331 Market Street Camp Hill, Pa. 17011-4642 ]ay L. Marts 4173 Fellsland Drive Colorado Springs, CO 80922 :sld AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5701 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 30, 2003. 2. The marriage of Plaintiff and 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 divome after service of notice of intention to request entry of the decree. 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. Section 4904 relating to unswom falsification to authorities. Date: .,:~ / ~c, vq, {o / 0 t.q AMY E. FRATEIS~LO AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5701 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF 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 divome 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 Pa.C.S. § 4904 relating to unsworn falsification to authorities. AMY E. FP~TELLO AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5701 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on October 30, 2003. 2. The marriage of Plaintiff and 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. 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. Section 4904 relating to unsworn falsification to authorities. AMi' E. FRAT LLO AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5701 CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 divome is granted. 3. I understand that I will not be divorced until a Divome 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 Pa.C.S. § 4904 relating to unsworn falsification to authorities. AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5701 CIVIL ACTION .- LAW IN DIVORCE AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 30, 2003. 2. The marriage of Plaintiff and 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 diw>me 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. Section 4904 relating to unsworn falsification to authorities. ~,/,/~,~ ,/,//z~l~ Date: i/.~o]~o~ jA/~a~T~ / -,. AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5701 CIVIL ACTION - LAW 1N DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF 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 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. DATE: AMY E. FRATELLO, Plaintiff JAY L MARTS, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-5701 CIVIL ACTION - LAW 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: Ground for divorce: Irretrievable breakdown under § 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Service was accepted by the Defendant on the 8th day of November, 2003, by certified mail, return receipt requested, receipt number 7002 2030 0000 2095 1605. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Amy E. Fratello, Plaintiff, on January 29, 2004; by Jay L. Marts, Defendant, on January 30, 2004. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: February 12, 2004 Date Defendant's Waiver of Notice in § 3301(c) Divorce was filed with the Prothonotary: February 12, 2004 Dated: Respectfully submitted, REAGER & ADLER, PC D~a~),pm~on"L~tor, Esquire Sup. C~78 2331 Market ~treet Camp Hill, PA 170111 (717) 763-1383 IN THE COURT Of COMMON PLEAS Of CUMBERLAND courqTY STATE OF .~. PENNA. AMY E. FRATELLO VERSUS JAY L. MARTS NO. 03-5701 DECREE iN DIVORCE AND NOW, DECREED That ~ g. FRATELL0 AND JAY L. MARTS ARE DIVORCED FROM THE BONDS OF MATRIMONY. IT iS ORDERED AND , PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THiS ACTION FOR WHICH A F~NAL ORDER HAS NOT YET BEEN ENTERED; ATTEST~/~~L~_~~ J' PROTHONOTARY