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Home My WebLink About04-1155LAW OFFICES OF RAJANIKANT C. MODY 1768 OAK TREE ROAD, EDISON, NJ 08820 Tel: 732-548-7512 Fax: 732-548-7514 ATTORNEY FOR THE PLAINTIFF VIKAS K. PATEL : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : FAMILY COURT PLAINTIFF : DIVISION VS. : DOCKET# IASHMITA V. PATEL : CIVIL ACTION : DEFENDANT : COMPLAINT FOR DIVORCE COMPLAINT FOR DIVORCE REQUEST FOR A DIVORCE UNDER SECTION 3301 ( c ) and 3301 (d) OF THE DIVORCE CODE Plaintiff, by his attorney, Samir R. Gandhi, Esq, with the Law Offices of Rajanikant C. Mody, respectfully represents: 1. That the Plaintiff Vikas Patel resides at 6, Carother Circle, Mechaniscburg, Pennsylvania 17050 since 1997 and is a resident of Pennsylvania since 1974. 2. That the Defendant Jashmita V. Patel currently resides at 6, Carother Circle, Mechaniscburg, Pennsylvania since the date of her marriage, and has temporarily moved to 296 Terrace Avenue, 1st Floor, Jersey City, New Jersey. 3. That the Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for more than six (6) months immediately preceding the filing of this Complaint. 4. That the Plaintiff lawfully ma~ied the Defendant, Jashmita V. Patel in a religious Hindu ceremony on February 18, 2001 in Chanvai, Gujarat, India. 5. That neither the Plaintiff nor the Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. That there has been no prior actions of divorce or for annulment instituted by either of the parties in this or in any other jurisdiction. 7. That the marriage of the parties is irretrievably broken. 8. That after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that the Defendant may also file such an Affidavit. That the parties are living separate and apart and at the time of the hearing, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least one (I) year. 10. That the 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. 11. That the Defendant waives her right to any present, rehabilitative and future alimony, support, maintenance and equitable distribution. 12. That the Plmnt, ff requests the court to enter a decree of divorce. WHEREFORE, if both parties file Affidavits conseming to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully ~equests that a Decree of Divorce be entered pursuant to Section 3301(c) of the Divorce Code dissolving the marriage between Plaintiff and Defendant. I verify that the statements made in this Complaint are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. & 4904, relating to answom falsification to authorities. Dated: March ~ , 2004 LAW OFFI~ANIKANT C. MODY S~/vIIIM~ff-'~ANDHI, ESQ. ~Attomey for the Plaintiff VERIFICATION OF COMPLAINT COUNTY OF C~,~1~¢, i~ SS I, the undersigned, being duly sworn, according to law upon our oath, depose and say that: 1. I am the plaintiff in the foregoing complaint to which this is annexed. 2. The allegations made in the complaint are true to the best of my knowledge and belief. The complaint is made in truth and good faith and without collusion for the causes set forth therein. 3. To the best of my knowledge and belief, the matter is not the subject matter of any other action pending, nor is any such proceeding contemplated at this time. 4. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements made by us are willfully false, We, are subject to punishment. Sworn & Subscribed before me On this I~t'~ay of ~ , 200t/ 3 ~ 20040429141817 ~/IKAS K. PATEL Plaintiff Superior Court of New Jersey vs. CUMBERLAND Venue JASHMITA A. PATEL Docket Number: 04-1155-CIVIL Defendant Person to be served (Name and Address): JASHMITA A. PATEL AFFIDAVIT OF SERVICE 296 TERRACE AVENUE 1ST FLOOR (For Use by Private Service) JERSEY CITY NJ 073~ By serving: JASHMITA A. PATEL Attorney: SAMIR R. GANDHI, ESQ. Cost ol= Service pursuant to R. 4:4-3(c) $ Papers Served: NOTICE TO DEFEND AND CLAIM RIGHTS, COMPLAINT Service Data: iX] Served Successfully [ ] Net Served Date/Time: 05/06/2004 09:45PM iX] Delivered a copy to him/her personally Attempts; Date/Time: Date/Time: [ ] Left a copy with a competent household member over 14 years of age Date/Time: residing therein (indicate name & relationship at right) Name of Person Served and relationship/title: [ ] Left a copy with a person authorized to accept service, e.g. managing agent, registered agent, etc. (indicate name & official title at right) JASHMITA A. PATEL DEFENDANT Description of Person Accepting Service: SEX: F AGE: 21 HEIGHT: 5'4"-5'8" WEIGHT: 100-130 LBS. SKIN: LIGHT BROWN HAIR: BROWN/LONG OTHER:. Unserved: [ ] Defendant is unknown at the address furnished by the attorney [ ] All reasonable inquiries suggest defendant moved to an undetermined address [ ] No such street in municipality [ ] Defendant is evading service [ ] No response on: Date/Time: Date/Time: Date/Time: Other: Served Data: Subscribed and Sworn to me this I, WILLIAM SANCHEZ, w3s at the time of service a competent adult 7 day.of May ,2004 not hF~e, direct inter.in the litigation. ~otarySignature: ~"'~' V~,~-.,~~ .,,[~:l~-~un~lerpenalt~ofl~erjurythatthe /for. e~oin{] i~'true and CorreCt. / , N~ l~f~l~l~ NIEW JERS'~-'~omm~ss¥'~-Expiration ~;_ -- Date My Commission I~x~. A,H124, ,OO-/ ~ / ') 70056 Name of Private Server: WILLIAM SANCHEZ Address: 2009 Morris Avenue UNION, NJ~7083 P~ne: (908) 68 - LAW OFFICES OF RAJANIKANT C. MODY 1768 OAK TREE ROAD EDISON, NEW JERSEY 08820 TEL - 732.548.7512 FAX - 732.548.7514 ATTORNEY FOR THE PLAINTIFF VIKAS K. PATEL COURT OF COMMON PLEAS CUMBERLAND COUNTY PLAINTIFF FAMILY COURT DIVISION VS. DOCKET # 04-1155-CIVIL JASHMITA V. PATEL CIVIL ACTION DEFENDANT CERTIFICATION I, SAMIR R. GANDHI, ESQ. of full age, hereby certify: 1. That I am an Attorney at Law in the State of New Jersey with offices located at 1768 Oak Tree Road, Edison, New Jersey 08840 and represent the plaintiff in the above - entitled cause of action. That I am also licensed to practice in the Commonwealth of Pennsylwania. 2. That on or about March 18, 2004, a Complaint for divorce was filed with the Court of Common Pleas, Cumberland County, Family Court Division under docket no 04-1155-CIVIL. (See copy of filed Complaint) 3. That on or April 7, 2004, Jashmita V. Patel was served with the summons and a copy of the Complaint by Guaranteed Subpoena Service, Inc. 4. That the Defendant Jashmita V. Patel has agreed not to file Answers to the Complaint and has executed an Affidavit of Consent on June 24, 2004. (See copy of Affidavit of Consent) 5. That the Defendant has consented to the entry of a final decree of divorce and has waived her right to notice of intention to request entry of a divorce decree under § 3301(c) and 3301 (d). (See copy of Waiver) 6. That I am making this Certification in support of the Request to Enter a divorce decree on the parties. 7. That I hereby certify that the foregoing statements made by me are true to the best of my knowledge and information. I am further aware that if any of the foregoing statements made by me are willingly false, I am subject to punishment. Dated: ~t~/23~/fft/ LAW OFFICES OF tL~JANIKANT C. MODY BY: ~ LAW OFFICES OF RAJANIKANT C. MODY 1768 OAK TREE ROAD EDISON, NEW JERSEY 08820 TEL - 732.548.7512 FAX- 732.548.7514 ATTORNEY FOR THE PLAINTIFF VIKAS K. PATEL : COURT OF COMMON PLEAS : CUMBERLAND COUNTY PLAINTIFF : FAMILY COURT : DIVISION VS. : : DOCKET # 04-1155-CIVIL JASHMITA ~.. PATEL : : CIVIL ACTION DEFENDANT : AFFIDAVIT' OF CONSENT 1. A complaint in divorce under 3301 § (c) of the Divorce Code was filed on March 18, 2004. 2. 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 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 unswom falsification to authorities. Dated: 0~ (~4r{ ~ 6c on this 24th day of June 2004 ~[~.ff~ b~i JASHMITA V. PATEL Defendant LAW OFFICES OF RAJANIKANT C. MODY 1768 OAK TREE ROAD EDISON, NEW JERSEY 08820 TEL - 732.548.7512 FAX - 732.548.7514 ATTORNEY FOR THE PLAINTIFF VIKAS K. PATEL : COURT OF COMMON PLEAS CUMBERLAND COUNTY FAMILY COURT PLAINTIFF DIVISION VS. DOCKET # CIVIL ACTION JASHMITA V. PATEL WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DEFENDANT DECREE LD4DER § 33011c) AND § 33011d) 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 contcerning 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 unswom falsification to authorities. Dated:OU 4lO JASHMITA V. PATEL Defendant LAW OFFICES OF RAJAN1KANT C. MODY 1768 OAK TREE ROAD EDISON, NEW JERSEY 08820 TEL - 732.548.7512 FAX - 732.548.7514 ATTORNEY FOR THE PLAINTIFF VIKAS K. PATEL : COURT OF COMMON PLEASE : CUMBERLAND COUNTY PLAINTIFF : FAMILY COURT : DIVISION VS. JASHMITA V. PATEL : DOCKET NO. 04-1155-CIVIL : DEFENDANT : CIVIL ACTION : AFFIDAVIT OF CONSENT 1. A complaint in divorce under section 3301 (c) of the Div°rce C°de was filed °n March 18, 2004. 2. 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 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. Dated: i~)~ VIKAS K. PATE£ Plaintiff and subscribed before me ~;hr~sdaylC/of.3*'tllf 2004 ~ ~ LAW OFFICES OF RAJANIKANT C. MODY 1768 OAK TREE ROAD EDISON, NEW JERSEY 08820 TEL - 732.548.7512 FAX - 732.548.7514 ATTORNEY FOR THE PLAINTIFF : COURT OF COMMON PLEASE VIKAS K. PATEL : CUMBERLAND COUNTY PLAINTIFF : FAMILY COURT : DWISION VS. JASHMITA V. PATEL : DOCKET NO. 04-1155-CIVIL : DEFENDANT : CIVIL ACTION :WAIVER OF NOTICE OF INTENTION : TO REQUEST ENTRY OF A DIVORCE : DECREE UNDER §3301 (c) AND §3301 (d) : OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. Iunderstand that I may l°se my rights c°nceming alim°ny' divisi°n °f pr°perty' lawyer's fees or expenses ifI 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. section 4904 relating to unsworn falsification to authorities. Dated:--l~ ~ ~ 6~ ~JViKA S~K. ~A~[ EL~ Plaintiff VIKAS PATEL IN THE COURT OF COMMON PLEAS VS. ~ CUMBERLAND COUNTY, PENNSYLVANIA JASHMITA V. PATEL : CIVIL DIVISION : NO. PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with thc following information to the court for entry for a divorce decree: 1. (}round f`or divorce: Irretrievable breakdown under §3301 (c) 3301 (d)(l) of'the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of thc complaint: MAY 6, 2004 BY CERTIFIED MAll. AND PRIVATE PROCESS SERVICE. FILE DATE OF COMPLAINT: MAy 14. 2004. 3. Complete either paragraph (a) or Co). (a) Date of execution of the affidavit of consent ~quircd by §3301 (c) of the Divorce Code: By Plaintiff JULY 19. 2004 ; By Defendant JUNE 24, 2004 Co) (1) Date of'execution of'thc affidavit required by §3301 (d) of'the Divorce Code: (2) Date of'filing and service of'the plaintiff's affidavit upon the respondent: 4. Related claims pending: NONE 5. Complete either (a) or Co). (a) Date and manner of serviee of the notice of intention to file praecipe to Iransmit record, a copy of which is attached: (b) Date ofplainti~s Waiver of Notico in §3301 (c) Divorce was filed with The ProthonoL~,: JULY 26. 2004 Date defendant's Waiver of Notica in §3301 (c) Divorce was filed with The Prothonotary: JUNE 2~. 2004 y for Plaintiff IN THE COURT Of COMMON PLEAS OFCUMBERLAND COUNTY STATE OF ~~ PENNA. No. 04-116 VERSUS DECREE IN DIVORCE AND NOW, ~~ ' ,~?'~l~ · ITISORDEREDaND DecReeD that VJ~/~' J/'%' Pater . PLAINTIFF, AnD ~~L~f~ff~)~ ~/' ~¢e~ , 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 T~ Al-reST: ,~0 J. hONOTARY