Loading...
HomeMy WebLinkAbout08-15170 JOSE J. PADILLA, Plaintiff VS. CYNTHIA L. PADILLA, Defendant : IN THE COURT OF COMMON PLEAS OF : 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 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. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 JOSE J. PADILLA, Plaintiff VS. CYNTHIA L. PADILLA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. : CIVIL ACTION - LAW : IN DIVORCE AVISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en la paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandant. Usted puede perder dinero o propiedades u otros derechos imortantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. SI USTED NO RECLAMA PENSION ALIMENTICIA, 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 RECLMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. LAWYER REFERRAL SERVICE of the Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone (800) 990-9108 E L- JOSE J. PADILLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. :NO. o p- iP -7 C L :i T.,... CYNTHIA L. PADILLA, : CIVIL ACTION - LAW Defendant : IN DIVORCE COMPLAINT IN DIVORCE And now comes Plaintiff, Jose J. Padilla, by and through his attorney, Linda A. Clotfelter, Esquire, who files this Complaint in Divorce, respectfully stating in support thereof the following: 1. Plaintiff is Jose J. Padilla, an adult individual who currently resides at 516 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 2. Defendant is Cynthia L. Padilla, an adult individual who currently resides at 516 Market Street, Lemoyne, Cumberland County, Pennsylvania 17043. 3. The parties have one minor child born to this marriage, namely Nina A. Padilla, age eight (8) years, having been born July 12, 1999. COUNTI REQUEST FOR DIVORCE 4. Paragraphs one (1) through three (3) are incorporated herein by reference as if fully set forth. 5. Both the Plaintiff and the 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 in Divorce. this Complaint in Divorce. 6. Plaintiff and Defendant were married on June 5, 1998, in New Jersey. 7. The parties have been separate and apart within the meaning of the Pennsylvania Domestic Relations Code since August 15, 2007. 8. There have been no prior actions of divorce or for annulment between the parties. 9. Plaintiff avers that the marriage is irretrievably broken. 10. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the court require the parties to participate in counseling. Plaintiff does not desire counseling. 11. Plaintiff as the innocent and injured spouse, is entitled to a divorce due to Defendant's adultery. 12. Plaintiff as the innocent and injured spouse, has suffered such indignities due to Defendant's conduct that Defendant has made Plaintiff's life intolerable and burdensome. 13. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce and an Order of Court granting such other relief as this Court deems just and proper. COUNT II - EQUITABLE DISTRIBUTION 14. Paragraphs 1 through 13, above, are incorporated herein by reference. 15. During the course of the marriage, the parties have acquired both real and personal property and they have incurred various debts. 16. The parties have been unable to agree as to the equitable distribution of their marital assets and debt. 17. Plaintiff asks that this court equitably distribute the parties' marital property as well as their marital debt. WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce; an Order of Court equitably distributing the parties' marital property and debt; and an Order of Court granting such other relief as this Court deems just and proper. Respectfully submitted, LAW FIRM OF LINDA A. CLOTFELTER Dated: ---`W 0 -7 Li da A. Clotfelter / A mey ID No. 72963 C -50 21 East Trindle Road, Suite 100 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile Attorney for Plaintiff JOSE J. PADILLA, : IN THE COURT OF COMMON PLEAS Plaintiff : OF YORK COUNTY, PENNSYLVANIA VS. NO. CYNTHIA L. PADILLA, CIVIL ACTION -LAW Defendant IN DIVORCE VERIFICATION I, JOSE J. PADILLA, verify that the statements in the foregoing COMPLAINT IN DIVORCE 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. § 4904, relating to unworn falsification to authorities. Date: b_-P 5 ?AOlfi7 SE . PADILLA, Plaintiff F? n ter- C Jrn JOSE J. PADILLA, Plaintiff VS. CYNTHIA L. PADILLA, Defendant TO THE PROTHONOTARY: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 0&1517 CIVIL ACTION - LAW IN DIVORCE PRAECIPE Kindly reinstate the enclosed Divorce Complaint in the above-captioned matter. Respectfully submitted, Date: -7/1 lop)_ By: LAW FIRM OF LINDA A. CLOTFELTER Lin A. Clotfelter, Esquire rney I.D. No. 72963 5021 East Trindle Road, Suite 1 Mechanicsburg, PA 17050 (717) 796-1930 telephone (717) 796-1933 facsimile m ? ?? ? r -Y? ? ^-- d -,?.,_. ? Ca CJ?.-.. s°? sky ?}... L Y a [" ?: . ? •{ " l ? ... Q ^"?---- h JOSE J. PADILLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. - : NO. 08-1517 CIVIL CYNTHIA L. PADILLA, : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF RETURN OF SERVICE I, LINDA A. CLOTFELTER. ESQUIRE, being duly sworn according to law, hereby swear that the following statements are true: I am a competent adult, age 44 years, who is not a party to the above action. 2. On July 29, 2008 at 2:14 p.m., service of the Complaint in Divorce reinstated July 9, 2008, in the above action was made by the undersigned by handing same to CYNTHIA L. PADILLA , who is the named defendant in the above-captioned divorce proceeding. 3. Service occurred at 3453 Capital City Mall Drive, Camp Hill, Cumberland County, Pennsylvania 17011, which is Cynthia L. Padilla's regular place of business. I understand that the statements herein are made subject to 18 Pa. Cons. Stat. Ann. § 4904 relating to unsworn falsification to authorities and that criminal penalties are provided thereunder for false statements. Sworn and subscribed to before me this day of 2008. NotaryPublic A meow- ? ttk ?l .^. cy ..C Friedman & King, P.C. Richard S. Friedman, Esq. ID#07176 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandking_&hotmail.com Attorney for Defendant JOSE J. PADILLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO: 08-1517 CV CYNTHIA L. PADILLA, 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 Defendant. 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 York County Courthouse, 28 E. Market St., York, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 1-800-990-9108 717-249-3166 Respectfully submitted, FRIED & KING, P.C. By: Richard S. an, Esquire ID 07176 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717)236-8080 FAX Attorney for Defendant Friedman & King, P.C. Richard S. Friedman, Esq. ID#07176 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandkingkhotmail. com JOSE J. PADILLA, Plaintiff V. CYNTHIA L. PADILLA, Defendant. Attorney for Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO: 08-1517 CV CIVIL ACTION - LAW IN DIVORCE ANSWER WITH COUNTERCLAIM AND NOW comes the Defendant, by and through her attorneys, Friedman & King, P.C., and answers the Complaint and brings this Counterclaim, averring as follows: ANSWER 1. Admitted. 2. Admitted. 3. Admitted. 4. Paragraph 4 is a conclusion of law to which no response is required. 5. Admitted. 6. Admitted. 7. Admitted. 8. Admitted. 9. Admitted. 10. Admitted. 11. Denied and proof thereof is therefore demanded. 12. Denied and proof thereof is therefore demanded. 13. Admitted. 14. Paragraph 14 is a conclusion of law to which no response is required. 15. Admitted. 16. Admitted. 17. Admitted. COUNTERCLAIM COUNT I- REQUEST FOR ALIMONY PENDENTE LITE AND ALIMONY UNDER SECTIONS 3701(A) AND 3702 OF THE DIVORCE CODE 18. The prior paragraphs of this Answer and Counterclaim are incorporated herein by reference thereto. 19. Defendant is unable to sustain herself during the course of litigation. 20. Defendant lacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 21. Defendant requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor, pursuant to Sections 3701(a) and 3702 of the Divorce Code. WHEREFORE, the Defendant respectfully requests the Court to enter an award of alimony pendente lite until final hearing, and thereupon to enter an order of alimony in her favor, pursuant to Sections 3701(a) and 3702 of the Divorce Code. Dated: August _1.1 2008 Respectfully submitted, FRIEDMAN G, P.C. By: 'char . Friedman, Esq. ID 07176 3820 Market Street Camp Hill, PA 17011 (717) 236-8000 (717) 236-8080 FAX friedmanandking@hotmail.com Attorney for Defendant VERIFICATION I, Cynthia L. Padilla, hereby acknowledge that I am the Defendant in the foregoing action; that I have read the foregoing Counterclaim; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unworn falsification to authorities. Dated: f(/ -1, 7 /Oil CERTIFICATE OF SERVICE I hereby certify that I am this L day of 'A , 2008, serving the foregoing answer and counterclaim upon the person and 'Ant e manner indicated below which service satisfies the requirements of the Pennsylvania Rules of Civil Procedure. Service by First Class Mail addressed as follows: Linda Clotfelter, Esq. 5021 E. Trindle Road Suite 100 Mechanicsburg, PA 17050 owahAA, S harry Semans IOU VA. :T t , JOSE' PADILLA, Plaintiff , i Or, tt-2 Pia c;: I . v.J.. t4 e PENFHSYLVJ Nt 08 - 1517 CIVIL vs Case No. CYNTHIA PADILLA, Defendant STATEMENT OF INTENTION TO PROCEED To the Court: Plaintiff, JosePadilla intends to proceed with the above captioned matter. Linda A. Clotfelter / •�. Print Name Sign N. ! _ Date: q 1301 h o 1 Attorney for Jose ' Padilla IMPORTANT NOTE In the event that this is a second or subsequent filing of a Statement of Intention to Proceed, this matter will be referred to the President Judge for the purpose of conducting a status conference involving all counsel. The goal of the status conference will be to set the matter for trial or other final disposition within a time certain. Prior to the status conference, Counsel will be expected to submit to the court, in writing, a proposed schedule for the completion of discovery, the filing of dispositive motions and a report as to whether alternative dispute resolution has been used or discussed.