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HomeMy WebLinkAbout03-6649HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 94 SOUTH PITT STREET CARLISLE PA 17015 (717) 2438090 ATTORNEY FOR PLAINTIFF ANTONINO MARCHIANO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : NO. OS -?41CIVIL TERM FAITH A. MARCHIANO, Defendant : IN DIVORCE NOTICE 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 in 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, 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, Pennsylvania 17013 717-243-3166 f RUE COPY FROM RECORD in Testimony whereof, I here untO 39 91 ao f eel J ?M 0 Q Pnimmo lr y ANTONINO MARCHIANO, PlalntIf v. FAITH A. MARCHIANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 - _ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE NOW, comes the plaintiff, by her attorney, Harold S. Irwin, III, Esquire, and files this complaint in divorce against the defendant, representing as follows: 1. The plaintiff is Antonino Marchiano, an adult individual residing at 149 Cedar Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The defendant is Faith A. Marchiano, an adult individual residing at 149 Cedar Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The parties have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on October 29, 1996, in Mt. Holly Springs, Cumberland County, Pennsylvania. 5. Pursuant to the Divorce Code, Section 3301(c), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 6. The plaintiff avers that he has been advised of the availability of counseling and that she has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the two parties. I verify that the facts contained herein are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. December 7,, 2003 i' I4(11tq w J&<4 64X ANTONINO MARCHIANO, Plaintiff HAROLD S. IRWIN, II Attorney for Plaintiff 64 South Pitt Street Carlisle, Pennsylvania 17013 (717) 243-6090 Supreme Court ID No. 29920 ANTONINO MARCHIANO, Plaintiff v. FAITH A. MARCHIANO, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. OS - -CIVIL TERM : IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. December ;0, 2003 /inn c? I) A/ti(Nl P?jl t Ou0 ANTONIN0 MARCHIANO, Plaintiff c ?( l f (LF ?_ Y r ?1. LL CJ ,/? l . ? l if CJ r;i - ?i . Q r7 0 N U ^' ' coo 03[ in Zr- H a) cz ANTONINO MARCHIANO, Plaintiff V. FAITH A. MARCHIANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 6649 CIVIL TERM IN DIVORCE NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: is a competent adult and attorney for the plaintiff in the above , That he 1 captioned action in divorce. 2. That a certified copy of the amended complaint in divorce was served upon the defendant on or about January 2, 2004, by certified mail "restricted delivery", addressed to the defendant at 149 Cedar Street, Carlisle, PA 17013, return receipt No. 7002 2410 0007 8504 4316. 3. That a copy of the sender's receipt and signed receipt for certified mail is attached hereto. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification 10 authorities. January 5, 2004 Harold- , 111 Attorney for plaintiff ¦ Complete items 1, 2, and 3. Also complete item 4 a Restricted Delivery Is desired. ¦ Print your name and address on the reverse so that we can return the card to you. ¦ Attach this card to the beck of t l?l t H SDaCe peRT11tS. (}? ... nn the fmn Jl 1. Article Addressed to: FAIYR A , MRRCH I AW ? yq CEpRR S?R?T ??R1.ISLE , PR IhOl3 It YES, enter delivery address below: o.yertMed Mall ? press Mall ? Registered Return Receipt4w"MW lMlse •• CERTIFIED M AIL,, e Provided) C m (yomestic il Only; overa'q No insurance 0 FI 1 L USE Co Postage $ O C3 ? LF ired) ee rem R Postrnerk 1-tare equ r t 0 ? Restricted Del" Fee (Endorsement ReQUlMd) ru Total Postage S Fees ° FR?-------------------- M 1=its - Box No. F ( ---------------- y '---------- Yete. Z iPt4 R 1..1 s1. 1'? (7C Y, PS Form 3800, June 2002 See Reverse for luMmOmm, 2. Article Number 7002 2410 0007 8504 4316 (Irensfer from service law 1025eso2-M-e835 Domestic Return Receipt - PS Form 3811, August 2001 :-- -) cr U W L _) 7 ?yL „Q -- ff-I S 3 - " ' v N N ANTONINO MARCHIANO, Plaintiff V. FAITH A. MARCHIANO, Defendant : IN THE COURT OF COMMON PLEAS OF 'CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 03 - 6649 CIVIL TERM : IN DIVORCE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed in this matter on or about December 30, 2003. Service of the complaint was made on or about January 2, 2004 (see Affidavit of Service filed on January 5, 2004). 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of the service of the complaint. 3. 1 consent to the entry of a final decree in divorce after service of notice of intention to request entry of the divorce. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification to authorities. APRIL -L, 2004 94 W"' //?? ANTONINO MARCHIANO t= o r T? 1. ???..? .T.a. ?L -- =v m? ? ;?= l:_ _ <? C1 ?_ ???... '. T _. ? ?r C ?. ?C) ;•-'? Fry <: `-? n? `,J ? ? ANTONINO MARCHIANO, Plaintiff V. FAITH A. MARCHIANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03 - 6649 CIVIL TERM IN DIVORCE The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. 1 understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. April, 2004 A ? 1L K! ANTONINO MARCHIANO ti c c-? :N r T i_ ? 3x H - "{7 T - %Cl I' 11 T! F i n U(7 rm r ANTONINO MARCHIANO, Plaintiff v. FAITH A. MARCHIANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION.. LAW : NO. 03 - 6649 CIVIL TERM : IN DIVORCE ENTRY OF A Di top Xj_ a __It, I consent to the entry of a final decree of divorce without notice. 2. 1 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 are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April _JL, 2004 -La osGU.Ub /I 64 ANTONINO MARCHIANO (7 N r ?7 i v m crn o r L p?(> . j(r! J N : .7 ANTONINO MARCHIANO, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION- LAW IN DIVORCE FAITH A. MARCHIANO, Defendant : NO. 03-6649 CIVIL TERM AFFIDAVIT OF CONSENT A complaint in divorce under § 3301(C) of the Divorce Code was filed on December 30, 2003. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have lapsed from the date of 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. §4904 relating to unworn falsification to authorities. Date: -13- 0? Faith Marchiano, Defendant rya CJ u7 r..,.. ?= '1,1 ?? _ ? I _. ?., i - ?.: ? ? ... C:: '..i ,?... ?l? ?_ ANTONINO MARCHIANO, Plaintiff V. FAITH A. MARCHIANO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE NO. 03-6649 CIVIL TERM 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. 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. § 404 relating to unsworn falsification to authorities. Date: b 13 -0? ?1 / r I G C? act Faith Marchiano, Defendant C, Curtis R. Long Prothonotary Office of the Protbonotarp Cumberfanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor ?3 - L L ?Q CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 5TH DAY OF NOVEMBER 2007 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R C P 230.2. BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-6573