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HomeMy WebLinkAbout09-0657i Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmaclay@dzmmelaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff No. 09- (a57 0,1val farm v. CHRISTOPHER J. SERAFIN, Defendant CIVIL ACTION - LAW (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 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, One Courthouse Square, 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 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) 249-3166 Date: {-fbyLtQ,yt,?,5 W1 Q DALEY ZUCKER MEILTON MINER & GINGRIC , LLC By: say Gi h clay, Esq ' Supreme C6uft ID # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Attorneys for Plaintiff Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 1maclavna dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff V. CHRISTOPHER J. SERAFIN, Defendant No. D 9- G 6.1 L't. -Z- CIVIL ACTION - LAW (In Divorce) COMPLAINT UNDER & 3301(c) OR & 3301(d) OF THE DIVORCE CODE Count I - Divorce 1. Plaintiff is Kristine M. Serafin, who currently resides at 2 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania. 2. Defendant is Christopher J. Serafin, who also currently resides at 2 Pine Ridge Circle, Enola, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 5, 2001, in Enola, Cumberland County, Pennsylvania. 5. One child was born of this marriage, namely: Nathan Patrick Serafin, whose date of birth is January 16, 2003. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The parties have been advised of the availability of marriage counseling and their ability to request that the Court require the parties to participate in counseling. They have been further advised that they can obtain a list of counselors from the Cumberland County Prothonotary's Office. Having been so advised Plaintiff does not desire the Court to order counseling. See Plaintiff's Affidavit attached hereto as Exhibit "A" and incorporated herein by reference. 8. Neither Plaintiff nor Defendant is a member of the Armed Services of the United States or any of its Allies. 9. The cause(s) of action and section(s) of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file and Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on January 30, 2009. WHEREFORE, Plaintiff requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant from the bonds of matrimony. Count II - Equitable Distribution 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage which property is subject to equitable distribution by the Court. 12. The parties may enter into a written agreement with regard to support, alimony and property division. in the event that such an agreement is executed by the parties, Plaintiff desires that the agreement be approved by the Court and that said agreement be incorporated, but not merged, in any Divorce Decree which may be entered dissolving the marriage between the parties. WHEREFORE, Plaintiff requests this Honorable Court equitably divide all martial property. Count III - Alimony 13. Paragraphs 1 through 12 of the Complaint are incorporated herein by reference as though set forth in full. 14. Plaintiff has no adequate means of support for herself and is unable to support herself through appropriate employment. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony in her favor. Count IV - Alimony Pendente Lite, Counsel Fees and Expenses 16. Paragraphs 1 through 15 of the Complaint are incorporated herein by reference as though set forth in full. 17. Plaintiff lacks sufficient funds to support herself and pay Counsel fees and expenses incidental to this action. 18. Defendant is full well and able to pay Plaintiff Alimony, Alimony Pendente Lite, counsel fees and expenses incidental to this Divorce action. WHEREFORE, Plaintiff requests your Honorable Court to enter an award of Alimony Pendente Lite, Plaintiff's counsel fees and the costs of this proceeding. Respectfully submitted, DALEY ZUCKER WILTON MINER & GINGRICH, LLC Date: q bv " 6,2-0)9 By: AL,f n say Gi ich aclay, Es re upreme C # 87954 1029 Scenery Drive Harrisburg, Pennsylvania 17109 Attorneys for Plaintiff Exhibit "A" AFFIDAVIT I, Kristine M. Serafin, being duly sworn according to law, depose and say: (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) I 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 by the court. 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: Kristine M. Serafin, Plaintiff VERIFICATION I, Kristine M. Serafin, verify that the statements made in this 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 unworn falsification to authorities. Dated: QQ I's (© 9 AL" m Kristine M. Serafin, Plaintiff _ O O ? ' U? D W =i r 3 -c A Lindsay Gingrich Maclay, Esquire DALEY ZUCKER WILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 ]maclUAdzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff v. CHRISTOPHER J. SERAFIN, Defendant No. 2009-657 CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF SERVICE I, Lindsay Gingrich Maclay, Esquire, being duly sworn according to law, deposes and says that I am an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 21st day of February, 2009, I did serve upon Christopher Serafin, Defendant in the foregoing case, a true and correct certified copy of the February 9, 2009 Divorce Complaint, by sending a copy of same to Christopher Serafin via certified mail, restricted delivery, return receipt requested and via regular United States mail with Proof of Mailing, to 2 Pine Ridge Circle, Enola, Pennsylvania, 17025. A copy of the Return Receipt and the Proof of Mailing is attached hereto as Exhibit "A". Sworn to and subscribed before me this ay of Z h 4w 92009 By: "4 00"f COMWNWEALTH OF PEENS 1 Lv[1M NOTARIAL SEAL Gloria M Rine, Notary Public Lower Paxton Township, Dauphin County commission expires November 15, 2011 DALEY ZUCKER WILTON ;Att R & GINGRICH LLC 1 -4 ay Gi M lay, sq ge? rne y I. o.87 54 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Exhibit "A" ti Ln 0 F F I C I A L USI - ar m = A © Certllbd Fee c? C3 ? . Re4xn PAOW Fes rU $ total vosmps 8 Fee, a ; C------POPI?R J. - SFR----- ----------wr„ OrPOBMNM 2 PINE_ RID( CIItCtE a''r E1?AIA PA 17025 . ............................. 4 f 1tI DoOmy is *mW& dr YMW nM of adit" on #t r athat wr art mAmftwd w y w. f M1*,VltWdJlW tt*dft g rom IAt" ropmpmft IL ^** PAUNIM Iot M. C?S'PG??t J. SERAM 2 RMZ CM= MWtA PA 17025 ,t,rt,gfo t:1,ye f-,4 Mllttr/l M*dM fWftWMW14 '13 IM aft -domw aflMw mam Cl Net arow D a,vwOww a t ft*mh it - 10 *r "memo" L ° ` or; f 7004 2440 U001 3914 5076 4 rip coo >oN s, F W o? N N ?T 0w m0O i r ? -4 N) G0» cow PS Form 3817, Mar. 1989 rP = l t Lindsay Gingrich Maclay, Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 hnaclay(t_.dzmmelaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff No. 2009-712 V. CIVIL ACTION - LAW CHRISTOPHER J. SERAFIN, Defendant (In Custody) AFFIDAVIT OF SERVICE I, Lindsay Gingrich Maclay, Esquire, being duly sworn according to law, deposes and says that I am an attorney at law duly authorized to practice in the Commonwealth of Pennsylvania, and that on the 21st day of February, 2009, I did serve upon Christopher Serafin, Defendant in the foregoing case, a true and correct certified copy of the February 10, 2009 Custody Complaint and the February 19, 2009 Custody Conciliation scheduling Order by sending a copy of same to Christopher Serafin via certified mail, restricted delivery, return receipt requested and via regular United States mail with Proof of Mailing, to 2 Pine Ridge Circle, Enola, Pennsylvania, 17025. A copy of the Return Receipt and the Proof of Mailing is attached hereto as Exhibit "A". The original Return Receipt and Proof of Mailing are filed under the Divorce Docket. Sworn to and subscribed before me this p? d y of 2009 By: t)ONL1R OF PFNAISYLv DALEY ZUCKER MEILTON M? R & GINGRI7?1 LLC /Attorney I o. 87954 1029 Scene Drive Harrisburg, PA 17109 (717) 657-4795 NOTARIAL SEAT. Gloria M Rine, Notary Public I,owerFaxton Township, Dauphin County cfltnsnission expiRS November 15, 2011 Esq Exhibit "A" r r %- C3 Ln MIA PAS 17025 U.S. POSTAL SERVICE CERTIFICATE OF MAIUNG MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Raceiyad From: !(P/}1 2 m }1 2 m •? ? rLvV ,?00 1-2 40 One piece of ordinary mail addressed to: - A-4 12 A S .ru rZ? ?? C;;??1 e PS Form 3817. 'Mar. 1989 F R`: coo >0" UN% O C mi ,?? N °' oW°y Lrl 0 _vro.ip OOOA Mm oa C fLy - Lindsay Gingrich Maclay., Esquire DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 635 N. 12`s Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 lmaclayna,dzmmglaw.com e r^ f ?01I AUG I 1 kN 9: C2 PENNSYLVAfr lA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff V. CHRISTOPHER J. SERAFIN, Defendant No. 2009-657 CIVIL ACTION - LAW (In Divorce) PRAECIPE TO WITHDRAW ECONOMIC CLAIMS To the Prothonotary: Plaintiff hereby withdraws Count II, Equitable Distribution, Count III, Alimony, and Count IV, APL, Counsel Fees and Expenses of the Divorce Complaint which was filed on February 9, 2009 in the above-captioned matter. DATE: AVILa lob 9,611 By: Respectfully submitted, DALEY ZUCKER MEILTON MINER & GINGRICH, LLC 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 Attorneys for Plaintiff Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 635 N. 12'h Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 lmaclay(a,dzmmglaw. com ?O11AUG I I AM a GU r-11 PENNSYLVANIA, ATRIA, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff V. CHRISTOPHER J. SERAFIN, Defendant No. 2009-657 CIVIL ACTION - LAW (In Divorce) AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 9, 2009. 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 unsworn falsification to authorities. Date: Kristine M. Serafin, Defendant FiLI EO-U FJC He PROTHONO iA RS. Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 635 N. 12' Street, Suite 101 Lemoyne, PA 17043 (717) 724-9821 lmaclay?a.dzmmglaw. com. 2011 AUG I I Ali P: 00 UMBERLAND COU TY PENNSYLVAMA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff No. 2009-657 V. CHRISTOPHER J. SERAFIN, Defendant CIVIL ACTION - LAW (In 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: D (n stine M. Serafin, Defendant Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 Imaclay(a-)dzmmP,law. corn 11 AUG y 11 AM 9:01 nUN8Z Rr 4N0 Co r, PENNSYL ? IAA n T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff No. 2009-657 V. CIVIL ACTION - LAW CHRISTOPHER J. SERAFIN, Defendant (In Divorce) AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on February 9, 2009. 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 unsworn falsification to authorities. Date: 41 ,zA l? Christopher J. Sera m, Defen nt Lindsay Gingrich Maclay, Esquire Daley Zucker Meilton Miner & Gingrich, LLC 1029 Scenery Drive Harrisburg, PA 17109 (717) 657-4795 lmac ln(a-),dzmmglaw.com iji 2011 AUG t i AM, 9. t UMBERLAno 0 k PEN S YLVA Nl°? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff V. No. 2009-657 CIVIL ACTION - LAW CHRISTOPHER J. SERAFIN, Defendant (In Divorce) WAIVER OF NOTICE OF INTENTION TO REOUEST 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: Christopher J. Sera N, Defend t E H. PR, 0Tei0 N 0 T Lindsay Gingrich Maclay, Esquire Daley, Zucker & Gingrich, LLC 2. 01 1 A U G I 1 AM 9: C 635 N. 12th Street, Suite 101 Lemoyne, PA 17043 CUMBERLAND CGUI T`l' (717) 724-9821 PENNSYLVAN i 'R. lmaclay@dzmmglaw.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA KRISTINE M. SERAFIN, Plaintiff No. 2009-657 V. CIVIL ACTION - LAW CHRISTOPHER J. SERAFIN, Defendant (In Divorce) 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) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served certified mail, return receipt requested, restricted delivery on 2/21/09. A Certificate of Service was filed on 2/25/09. 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, Kristine M. Serafin., on 8/10/11; by Defendant, Christopher J. Serafin, on 8/10/11. Said Affidavits to be filed simultaneously herewith. (b)(1) Date of execution of the Affidavit required by § 3301 (d) of the Divorce Code: N/A. (2) Date of filing and service of the Plaintiff s Affidavit upon the respondent: N/A. 4. Related claims pending: NONE. 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: N/A. (b) Date Plaintiffs Wavier of Notice was filed with executed 8/10/11. To be filed simultaneously herewith. Date Defendant's Waiver of Notice was executed 8/10/11. To be filed simultaneously herewith. 635 N. 12`" Street Lemoyne, PA 17043 (717) 724-9821 Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF KRISTINE M. SERAFIN CUMBERLAND COUNTY, PENNSYLVANIA V. CHRISTOPHER J. SERAFIN NO. 2009-657 DIVORCE DECREE AND NOW, r it is ordered and decreed that KRISTINE M. SERAFIN , plaintiff, and CHRISTOPHER J. SERAFIN , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE. By the Court, Attest: laz?? I ??? [? Prothonotary ??o?cr ? ?? rna