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Home My WebLink About04-1833DAWN RINGEL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE MARIO DIORIO : Defendant : NO. 04- l~,~ CIVIL TERM 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 ON]E, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHEKE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 Bedford Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DAWN R1NGEL : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COLrNTY, : PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE : MARLO DIORIO : NO. 04- ]~5~ CIVIL TERM Defendant COMPLAINT The plaintiff, Dawn Ringel, by her attorneys, the Family Law Clinic, sets forth the following cause of action. DIVORCE UNDER 23 Pa.C.S. SECTION 3301(d) OIl THE DIVORCE CODE 1. Plaintiff Dawn Ringel is a resident of Cumberland County, Pennsylvania. Her address is undisclosed because she is subject to a New York Order of Protection, filed in Nassau County, at Docket #2001NA010530. 2. Defendant is Mario DiOrio, who currently resides at 26 Reed Road, Westbury, NY 11590 since 2003. 3. Plaintiff has been a bona fide resident(s) of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 30, 1995 in Town of Babylon, New York. 5. Plaintiff and Defendant have lived separate and ap~m since May 8, 2001. Plaintiff moved to Pennsylvania in May, 2001. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, Plaimiff requests the court to enter a decree of divorce dissolving the marriage. Date t//~I/Ot] ~a¢Ce~t~na] intern THOI~S ~I. PLACE ROBEI~T E. RAINS LUCY JOttNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Dawn Ringel ~/ DAWN R1NGEL, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN CUSTODY MARIO DIORIO, : Defendant : NO. 04-/,O,~ CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Dawn Ringel, Plaimiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respect~lly submitted, Jason q.-Evans Certifitd Legal Intern THOMA~2I. PLACE ROBERT E, RAINS ANNE MACDONALD FOX Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243 -29(;8 DAWN R1NGEL, 1N THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW MARIO DIORIO, Jr., : DIVORCE AND CUSTODY Defendant : : No. 04-1~3 CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidawit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on May 8, 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. § 4904 relating to unsworn falsification to authorities. Date Plaintiff DAWN RlNGEL : IN THE COURT ,OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. ' :CIVIL ACTION [,AW- DIVORCE : MARLO DIORIO : Defendant : NO. 04-1833 CIVIL TERM VERIFICATION OF SERVICE Understanding that the making of any false statement would subject The Family Law Clinic to the penalties of 18 Pa. C.S. §4904 (relating to unswom falsification to authorities), the undersigned verifies that Jason C. Evans mailed a true copy o17 a Complaint for Divorce to the Defendant by placing the same in the U.S. Mail, certified no. 7002 0860 0001 5847 8738, restricted delivery, return receipt requested, postage prepaid, on the 23rd day of March, 2004 addressed as follows: Mario DiOrio 26 Reed Road Westbury, NY 11590 Sender's receipt no. 7002 0860 0001 5847 8738 is attached hereto and incorporated by reference. On the 3rd day of May, 2004, green return receipt no. 7002 0860 0001 8660 8738 was delivered to the Family Law Clinic, bearing the signature Mario DiOrio and showing a date of service of April 30th 2004. The return receipt is attaclh, t hereto.and incorporated by Jaso: C. Evans Cert: ]ed Legal Intern FAI~ LY LAW CLINIC 45 N. Pitt St. Carlisle, PA 17013 71 '7-243 -2968 · · Attach thie oecd to the beck of the mMl~e, ri C.O.D. 2. ~ Numar ~ ~) PS Fo~ 3811, Augu~ 2~1 ~ ~ ---- DAWN RINGEL, : 1N THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION-LAW : Divorce MARLO DIORIO, : Defendant :NO. 04-1833 CIVIL TERM CERTIFICATE OF SERVICE I, Jason C. Evans, hereby certify that I am a competent adult and that I served a true and correct copy of the Notice of Intent to file a Praecipe to Transmit Record, to MARIO DIORIO, 26 Reed Road Westbury, NY 11590. I verify that the statements made in this certificate 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 5 ~l~(x~. Jaso~C. Ev~tr~s -- CertISed Legal Intern FAMILY LAW CL1NIC 45 North Pitt Street Carlisle, PA 17013 717-243 -2968 DAWN RINGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE : MARLO DIORIO, : Defendant : NO. 04-1833 CIVIL TERM CERTIFICATE OF SERVICE I, Jason C. Evans, hereby certify that I am a competent adult and that I served a correct copy of the Notice of Intention to Request Entry of §3301 (d) Divorce Decree on July 26, 2004, to MARLO DIORIO, by regular U.S. mail, postage prepaid, at 26 Reed Road, Westbury, NY 11590. I verify that the statements made in this certificate 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. FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 DAWN RINGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION - LAW : IN DIVORCE : MARIO DIORIO, : Defendant : NO. 04-1833 CIVIL TERM CERTIFICATE OF SERVICE I. Jason C. Evans, hereby certify that I am a competent adult and that I served a correct copy of the Plaintiff's Affidavit under §3301(d) of the Divorce Code, through regular mail postage prepaid on July 6, 2004, to MARIO DIORIO, to 26 Reed Road. Westbury, NY 11590. ! verify that the statements made in this certificate 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. Jaso~ C. Evans Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 DAWN RINGEL. : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION-LAW : DIVORCE MARLO DIORIO, : Defendant : NO. 04-1833 CIVIL TERM PRAECIPE TO TRANSMIT RECORI~ To the Prothonotary: Please transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(d) ofthe Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Defendant on April 30, 2004. 3. Date of execntion of the affidavit required by Section 3301(d) of the Divorce Code: by the Plaintiff: April 16, 2004. Date of filing of the Affidavit: April 27, 2004. Date of service of the Plaintiff's Affidavit upon the Defendant: July 6, 2004. 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to Request Entry of §3301(d) Divorce Decree, a copy of which is attached: Notice mailed to Defendant at 26 Reed Road, Westbury NY 11590, by regular U.S. mail, first class, postage prepaid on July 26, 2004 Respec! ally Submitted, Date [' /' Jas-on¢ Evans Ceaifi~ ~ Legal Intern ROBERT E. RAINS THOMAS M. PLACE Supervising Attorneys The Family Law Clinic 45 Noah Pitt Street Carlisle, PA 17013 ( 717)243 -2968 Fax (717)243-3639 DAWN RINGEL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA : : CIVIL ACTION - LAW v. : DIVORCE : MARIO DIORIO, : NO: 04-1833 CIVILTERM Defendant : NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(d) DIVORCE DECREE TO: DEFENDANT: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the § 3301(d) affidavit. Therefore, on or after ~ the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. DAWN RINGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION-LAW : Divorce MARIO DIORIO, : Defendant :NO. 04-1823 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER §3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): [] (a) I do not oppose the entry ora divorce decree. [] (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): [] (i) The Parties to this action have not lived separate and apart for a period ora at least two years. [] (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): [] (a) I do not wish to make any claims for economic relief. 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. [] (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intent to Request Divorce Decree, the divorce decree may be entered without further delay. I verify that the statements made in this counter-affidavit arc 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 Signature Notice: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim tbr economic relief, you should not file this counter-affidavit. DAWN RINGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : v. : CIVIL ACTION-LAW : Divome MARLO DIORIO, : Defendant : NO. 04-1833 CIVIL TERM CERTIFICATE OF SERVICE I, Jason c. Evans, hereby certify that I am a competent adult and that I served a true and correct copy of the Notice of Intent to file a Praecipe to Transmit Record, to MARIO DIORIO ,26 Reed Road Westbury, NY 11590. I verify that the statements made in this certificate are true and correct. I' "' ~" ~'"' understand that false statements herein a bj '~'"' " re made su ect to the penalties of 18 Pa.C.S '" ."~:~:,;' ' 3'~' c...~ . --. c;'. 4904, relating to unswom falsification to authorities. Jaso~tC. Evans - Certffied Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 DAWN RINGEL, : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, : PENNSYLVANIA V. : : CIVIL ACTION-LAW MARIO DIORIO, Jr., : DIVORCE AND CUSTODY Defendant : : No. 04- I/~&.,l CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER SECTION 3301 (d) OF THE DIVORCE CODE 1. The parties to this action separated on May 8, 2001 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ill do not claim them before a divorce is granted. I verifi~ 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 tmsworn falsification to authorities. Date Plaintiff ..~,.::~! ~ -'7 ,' "~' ~-~' ~.'. _.. DAWN RINGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : v. : CIVIL ACTION - LAW : IN DIVORCE : MARLO DIORIO, : Defendant : NO 04 1833 CIVIL TERM CERTIFICATE Ole SERVICE ' I, Jason C. Evans, hereby certify that I am a competent adult and that I served:a copy of the Plaintiff's Affidavit under §3301(d) of the Divorce Code, through regular il postage prepaid on July 6, 2004, to MARIO DIORIO, to 26 Reed Road, Westbury, NY 11590. I verify that the statements made in this certificate 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. Jaso~ C. Evans Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 DAWN RINGEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : : v. : CIVIL ACTION - LAW : IN DIVORCE . MARIO DIOR/O, : Defendant : NO. 04-1833 CIVIL TERM CERTIFICATE OF SERVICE ". ~.~ ",: I, Jason C. Evan~s, hereby certify that I am a competent adult and that I served a¢orrect..~ Divorce Decree on July~2'~ '"' copy of the Notice of Intention to Request Entry of §3301 (d) '~200~,- . to MARIO DIORIO, by regular U.S. mail, postage prepaid, at 26 Reed Road, Westbury, NY I 1590. I verify that the statements made in this certificate 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. FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF ~~ PENNA. Dawn Ringel No. o4-18.3.~ Plaintiff VERSUS Mario D'i Or'i o DECREE IN DIVORCE AND NOW, ~ ~ , 2004 , It IS ORDERED AND DECREED THAT 1"),-.3wr~ l~'ir~'] , PLAINTIFF, AND Mario DiOrio , 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; ATTEST: j. PROTHONOTARY