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Home My WebLink About08-1161 N 'rr r f7 co s? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARYANNE CARFAGNO Plaintiff V. DANIEL CARFAGNO, Defendant No. OF-11L, I? : CIVIL ACTION - LAW : 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 the 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 Court House. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF 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. Lawyer Referral Service of the Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARYANNE CARFAGNO No. Plaintiff V. : CIVIL ACTION - LAW DANIEL CARFAGNO, , Defendant DIVORCE NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fencha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomaro medidas y puede entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion do demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL ERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Lawyer Referral Service of the Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARYANNE CARFAGNO Plaintiff V. DANIEL CARFAGNO, Defendant No. 09, 1161 l T-e- CIVIL ACTION - LAW DIVORCE COMPLAINT AND NOW, on this 22nd day of February, 2008, comes the Plaintiff, MaryAnne Carfagno, and files the following Complaint for Divorce: COUNT I: DIVORCE 1. Plaintiff, MaryAnne Carfagno, is an adult individual who currently resides at 70 Old Federal Road, Camp Hill, Cumberland County, Pennsylvania 17011. 2. Defendant, Daniel Carfagno, is an adult individual who currently resides at 70 Old Federal Road, Camp Hill, Cumberland County, Pennsylvania 17011. 3. Both Plaintiff and Defendant are sui juris and are citizens of the United States of America. 4. Both Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 5. Defendant is not a member of the Armed Services of the United States or any of its Allies. 6. Plaintiff and Defendant were married by a minister of gospel on May 6, 2006, at Our Lady of Lourdes, in Cumberland County, Pennsylvania. 7. There are no children born of this marriage. There have been no prior actions of Divorce or Annulment between the parties. 9. Plaintiff has been made aware of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 10. The Plaintiff avers that the grounds on which the action is based are: (a) That the marriage is irretrievably broken, pursuant to 23 Pa.S.C.A. § 3301(c) and/or 3301(d)(1). Or in the alternative, (b) That the Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render her condition intolerable and life burdensome, and that this action is not collusive. WHEREFORE, Plaintiff requests this Honorable Court enter a Decree in Divorce, divorcing Plaintiff and Defendant. COUNT II: EQUITABLE DISTRIBUTION 11. Paragraphs 1 through 10 are incorporated herein by reference hereto as fully as though the same were set forth at length. 12. Plaintiff and Defendant have legally acquired property, both real and personal, during their marriage from May 6, 2006, to the present, all of which is "marital property". 13. Plaintiff or Defendant or both have acquired, prior to the marriage or subsequent thereto, "non-marital property" which has increased in value since the date of the marriage or subsequent to its acquisition during the marriage, which increase in value is "marital property". 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property to the date of the filing of this Complaint. WHEREFORE, Plaintiff requests this Honorable Court to equitably divide all marital property of the parties. COUNT III: ALIMONY 15. Paragraphs 1 through 14 are incorporated by reference hereto as fully as though the same were set forth at length. 16. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. IT Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of Alimony. COUNT IV: ALIMONY PENDENTE LITE COSTS AND EXPENSES 18. Paragraphs 1 through 17 are incorporated by reference hereto as fully as though the same were set forth at length. 19. Plaintiff is unable to pay the necessary and reasonable costs and expenses. 20. Plaintiff is in need of hiring various experts to appraise the parties' marital assets and does not have the funds to pay the necessary and reasonable fees. 21. Plaintiff is unable to sustain herself during the course of this litigation. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of Alimony Pendente Lite, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate and at final hearing to further award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, Marye Carfagno 70 Old Federal Road Camp Hill, PA 17011 ra r-- ?? ?? rn ii - r--a T _ ?-_? N --? l T "Y) + y ? . ' C') ' .. ?`? ? .:.? <.?3 ?,,? "? VERIFICATION COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : SS I, MaryAnne Carfagno, being duly sworn according to law verify that the statements contained in the foregoing "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: o? lg,a2 b -f Marye Carfagno IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MARYANNE CARFAGNO No. Plaintiff V. : CIVIL ACTION - LAW DANIEL CARFAGNO, , Defendant DIVORCE CERTIFICATE OF SERVICE I, MaryAnne Carfagno, hereby certify that on the 22nd day of February, 2008, I caused to be served the "Complaint" upon the following individual via Certified Mail, Return Receipt No.: Daniel Carfagno 70 Old Federal Road Camp Hill, PA 17011 Respectfully submitted MaryA*?ae?.? e Carfagno 70 Old Federal Road Camp Hill, PA 17011 a v W N f JV ? J w a U: C ] CJ 17.:> rj -r! VT; I ' 08- I I (o I Ci vil 7erM Aff, a o 6 f o 4 Scrvicc CC) M1 Ln CO Ln -n 0 ra 0 0 0 0 CC) .M ti r a 0 N mNam-t k . C"I 2f2t'od 00 C?? ;=`?' F ? $ `s? ? .., o?u? i.:_ .. , i...':,. G.? ^"e"? _ , ` ` " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MaryAnne N. Carfagno No. 08 - 11U( Plaintiff V. CIVIL ACTION - LAW Daniel R. Carfagno Defendant DIVORCE AFFIDAVIT OF CONSENT 1. filed on 2. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed 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: Q? C F? ;,.? r- c ?, ?- ? ? ?:.? =? .? ,, -? ? i 4, ? ;?, ? ?; w c t, ?'°' -_ in. ? °? t ?? 1 ., Y? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MaryAnne N. Carfagno Plaintiff V. Daniel R. Carfagno Defendant No. 08- 11 U I CIVIL ACTION - LAW DIVORCE 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 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: S rat fm t Co "" Vim: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MaryAnne N. Carfagno No. 08- il(ol Civet -Term Plaintiff V. CIVIL ACTION - LAW Daniel R. Carfagno Defendant DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed 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 unsworn falsification to authorities. Date:. 123 ) 0 8 J7 -r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MaryAnne N. Carfagno Plaintiff V. Daniel R. Carfagno Defendant No. b8 - t l (a CIVIL ACTION - LAW DIVORCE 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 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: l a`'?? C ? ca ??a?:' -? ;?,?j?,;'r-, ? ?. ' ' c?a ?' ?-; ,? may,., + r..,1 '°^ ?, .?? f\„? t.,?.. ?„_ :`3,3 <.w. Wkry'4vlrlc N, ca'fz' onz IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION NO. 0%- 11(o l CIVIL TERM 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) 3301(d)(1) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: a ) a,21 U $' 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff _NIl?ru}?nn N Cyr#c?QdX , • by defendant NAn_Iy- R Cat (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: 512-3109 (2) Date of filing and service of the plaintiff's affidavit upon the respondent: 4. Related claims pending: nU AJ- 5. Complete either (a) or (b). (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: S 19_g) o w (b) Date of plaintiff's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: -?- 1 23 (U Date defendant's Waiver of Notice in §3301 (c) Divorce was filed with the Prothonotary: 5 I m 16 ? C'? `'?' n?, -- ..! ? E !y `? i?' a». ""? ? ??. ? .. ?? ? , r +4y?N ? Y IN THE COURT OF COMMON PLEAS mavQ-imn V Lt. Cr ktf A Q 12 0 VERSUS Oon,,-e ( 2 . Car f j no No. oY- lit,i 'v. I DECREE IN DIVORCE AND NOW, M 2_tj 2-1 200 , IT IS ORDERED AND DECREED THAT MQ?joZ_ j?Y1c7 PLAINTIFF, AND Q0Ljnl e) R, Car 4QQnQ DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; BY THE COURT: Al T: J. PROTHONOTARY OF CUMBERLAND COUNTY STATE OF PENNA. IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (Plaintiff LI I Vs File No. 09 — IN DIVORCE Oan- 'I tl Q . Car +-etlayl'a 1,befendant cz: M. MOZ, NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, cz- [select one by marking"XI prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated %Z hereby elects to resume the prior surname of Mowy4Ahy%r- T r4Q% •,aqand gives this written notice avowing his/her intention pursuant to the provisions of 54 P.S. 704. Date: 5 2v(3 ak-,-L C Ct--Ja-0'---4 U Signatule 4 QWAA2t,4a,-- t7,. Si nature of Ame King resumed COMMONWE LTH OF PENNSYLVANIA COUNTY OF 6 On the 310-day of t47 20 , before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto-SO Tpy hand and official seal. 00rd Prothonotary` P,&.6t`a'r'- -�u'bliC' My Cora"M 6040 00 FW MWOW d Jft=4