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HomeMy WebLinkAbout09-5776AL FRANK J. PONTI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - 5'f'1(, CIVIL TERM KAREN J. PONTI, 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 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 .? FRANK J. PONTI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - ..r7 76 CIVIL TERM KAREN J. PONTI, CIVIL ACTION-LAW Defendant IN DIVORCE DIVORCE COMPLAINT 1. Plaintiff is Frank J. Ponti, an adult individual who currently resides at 1520 Bridge Street, Apt. B, New Cumberland, Cumberland County, Pennsylvania 17070. 2. Defendant is Karen J. Ponti, an adult individual who currently resides at I 619 Carol Street, New Cumberland, Cumberland County, Pennsylvania 17070. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on November 8, 1986 in New Cumberland, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that he may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. COUNT II -EQUITABLE DISTRIBUTION 9. Plaintiff hereby incorporates by reference paragraphs 1 through 8 above. 10. The parties have acquired real estate, personal property, including automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. Date: Respectfully submitted, d` Z 1. 01 O'BRIEN, BARIC & SCHERER q /A /?j Michael A. Scherer, Esquire I. D.# 61974 19 West South Street Carlisle, PA 17013 (717) 249-6873 Attorney for Plaintiff mas.dirldomestic/ponti/divorcecomplaint.pid 0• VERIFICATION I verify that the statements made in this Complaint 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: ?/a?0 a?o 0 Frank J. Ponti RLED-OFF-CE ()F THE P- 4 fat NOTARY 2009 AUG 21 AM 10: 12 PENNSYLMIA 3%4.5o Po ATTq CO 144UO er* as9 5wo C FRANK J. PONTI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2009 - 5776 CIVIL TERM KAREN J. PONTI, CIVIL ACTION-LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the divorce complaint filed in this matter August 21, 2009. Date: Kare . Ponti Defendant OF THE PRO'r?;MOTARY 2069 SEP i i PH 2: 4 7 CU U vTY 3 MAY 1 12010 ORDER AND NOW, this~'1~day of J' "G~_, 2010, upon consideration of the Petition FRANK J. PONTI, Plaintiff v. KAREN J. PONTI Defendant for Special Relief, it is hereby ORDERED and DECREED that: ~ ~''~~^ ~~ ~~ y,,~.~ f-If~ w,•..c~ ~ rp oho a.~l- t.~*~+K~~ - iaen[ a , wi m ive Sus Hess days of the date of this rc er, execu"tE 3.•d~ ,nn. a ip o e pro-'per oT card at er's A IN THE COURT OF COMMON PLE CUMBERLAND COUNTY, PENNSYiN I~ ~? rr -: ~+ NO. 2009-5776 CIVIL TERM ~'?;. .~- CIVIL ACTION -LAW '~'~._~~ c_.a ~ =*= . C- IN DIVORCE G.a =~ .~ ~~ ~~ _r~ Y' ~ , '-'T~ `F~ ~.',`~, a rig is that he has to the marital residence aro ree , , YHE CO T: J. Distri ution: J. Paul Helvy, Esquire, MCNEES WALLACE 8~ NURICK LLC, 100 Pine Street, P.O. Box 1166, Harrisburg, PA 17108-1166; telephone (717) 237-5343; fax (717) 260-1701; phelvyCa~mwn.com /Michael A. Scherer, Esquire, O'Brien, Baric 8~ Scherer, 19 West South Street, Carlisle, PA 17013; telephone (717) 249-6873; fax (717) 249-5755; mscherer(a~obslaw.com 6 QS' rn~..t l~~ s «r f ~~ ~~ FRANK J. PONTI, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS NO. 2009-5776 CIVIL TERM KAREN J. PONTI, CIVIL ACTION - LAW Defendant IN DIVORCE ORDER OF COURT AND NOW, this 10th day of June, 2010, after conference with the parties, it is hereby ordered and directed as follows: 1. The Respondent/Plaintiff shall transfer his entire right, title, and interest in and to the property located at 619 Carol Street, New Cumberland, Pennsylvania 17070 to Petitioner/Defendant so that she may refinance the property. 2. The aforementioned deed shall be held in escrow by Respondent/Plaintiff's attorney to be delivered and recorded concurrent with the refinancing of the property by Petitioner/Defendant. 3. The Petitioner/Defendant shall execute a second mortgage for $100,000 in favor of herself and Respondent/Plaintiff to be recorded immediately after the first mortgage. The mortgage is to effectuate a lien on the property so that the marital interest may not be dissipated. / Michael A. Scherer, Esquire O'Brien, Baric & Scherer 19 West South Street Carlisle, PA 17013 e Fo Respondent/Plaintiff p ~~ ~~( ,/ J. Paul Helv Es uire Y q ~ ~ McNees, Wallace & Nurick, LLC IC /(? 100 Pine Street P.O. Box 1166 ~_ Harrisburg, PA 17108 ~ For Petitioner/Defendant :mlc o n :: © ~ i', ~ r , - ~ -. 17 r ' ~ ~ ~ 7 _ ~, , `;.- 4y •• ~( ~.. ~ --c FRANK J. PONT[, Plaintiff V. KAREN J. PONTI, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYI VAIWA -03 = NO. 2009-5776 CIVIL TERM c r IN DIVORCE -;... w U l PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE rn - 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on August 21, 2009. 2. Defendant signed acceptance of service form on August 24, 2009. 3. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. 1 consent to the entry of a final decree in divorce without notice. 5. 1 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. 6. 1 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. 7. 1 have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. 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.A. Section 4904 relating to unsworn falsification to authorities. Date: 2011 V FRANK J. PONTI, IN THE COURT OF COMMON PLEAS-, w Plaintiff , CUMBERLAND COUNTY, PENNSY L N A V. ? NO. 2009-5776 CIVIL TERM " KAREN J. PONTI )> CIVIL ACTION -LAW r-= CD Defendant IN DIVORCE zo c -- AFFIDAVIT OF CONSENT o c- 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 21, 2009. 2. The marriage of the plaintiff and defendant is irretrievably broken. Ninety days have elapsed since the date of service of the Complaint. 3. 1 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. Karen J. P OK Date: 6111E t (I FRANK J. PONTI, ? IN THE COURT OF COMMON PLE4m Plaintiff CUMBERLAND COUNTY, PENNSYINANI A-- v. NO. 2009-5776 CIVIL TERM° ®?E KAREN J. PONTI Y n 5; C= : CIVIL ACTION - LAW Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER Section 3301(c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. 2. 1 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. 1 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. Karen J. nti J- ?? Dated: S k4 (k ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FRANK J. PONTI V. KAREN J. PONTI NO. 2009-5776 DIVORCE DECREE AND NOW, 0 C910/1 , it is ordered and decreed that FRANK J. PONTI , plaintiff, and KAREN J. PONTI , 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 C Attest: J. D ??- Y/- lfG'' 710 ? iC P/ - $-3?• ??- CP' ?? c?? rHa ? Ply ?Clofi ?