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Home My WebLink About04-2535 NATALIE 1. MELLO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW ~ NO. D Lf- J.. t) j 5CIVIL TERM DARREN M. MELLO, Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGIITS 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 grounds 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 ALIMIONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE TIlE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, YOU MAY LOSE TIlE RIGHT TO CLAIM ANY OF TIlEM. YOU SHOULD TAKE TIllS PAPER TO YORU LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIlE OFFICE SET FORTII BEWW TO FINOOUT WHERE YOU CAN GET LEGAL HELP. COURT ADMNlNISTRATOR 4111 Floor Cumberland County Courthouse One Courthouse Square One Courthouse Square Carlisle, PA 17013 (717) 697-0371 NATALIE L. MELLO Plaintiff IN THE COURT OF COMMO'N ~LeA!i Qf : CUMBERLAND COUNTY; PENNSYLVANIA v. : CIVIL ACTION - LAW NO. o'1~ :L53S IN DIVORCE CIVIL TERM DARREN M. MELLO Defendant COMPLAINT IN DIVORCE NOFAVLT I. Plaintiff is Natalie L. Mello, an adult individual currently residing at 17 Dartmouth Court, Mechanicsburg, Cumberland County Pennsylvania. 2, Defendant is Darren M. Mello, an adult individual currently residing at 22406 Kingsbury Avenue, Bayside, Queens County, New York 3. Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on May 17, 1997, in Staten Island, New York. 5. There have been no other prior actions for divorce or annulment between the parties. 6. Neither the plaintiff nor Defendant are members of the United States Armed Forces or its Allies. 7. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, Ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. Respectfully submitted, V ) /} \--'{La itlu /' YInilliL Natalie if. Milo, Plaintiff 17 Dartmouth Court Mechanicsburg, P A 17055 ~\f - ?-- <...J\' ~ .s - '?'- V \~ ~ -- =('\ l..lj <...J' \ ..>- c' "--, C) '. I ( r----\ \-:D \~ :-:;.1 r.o [' ,-, .' NATALIE L. MELO, Plaintiff : IN THE COURT Of' COMMON PLEAS OF : CUMBERLAND CCIUNTY, PENNSYLVANIA : CIVIL ACTION. U,,"W v. : NO. 2004 - 2535 4::IVIL TERM DARREN M. MELLO, Defendant : IN DIVORCE COMPLAINT FOR CUSTODY NOW comes the defendant, DARREN M. MELLO, by his attorney, Harold S. hwin, III, Esquire, and presents the following petition for custody, representing as follows: 1. The plaintiff (defendant herein) is NATALIE L. MELLO, an adult individual residing at 17 Dartmouth Court, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. The defendant (plaintiff herein) is DARREN M. MELLO, an adult individual residing at 224 _ 06 Kingsbury Avenue, Bayside, Queens County, New York 11364. 3. The parties are the parents of two minor children, namely AMBER ROSE MELLO (born June 30,1998, age 6 years) and SERAFINA GABRIELLa MELLO (born July 10, 2003, age 1 year). 4. The children resided with both parties from the time of their birth until the parties' separation. 5. Neither party has participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Defendant has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. 6. Defendant does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 7. Defendant believes and therefore avers that Ithe best interests and permanent welfare of the children requires that the parties have joint legal custody of the children, that plaintiff have primary physical custody and that defendant have specified periods of temporary custody and visitation with the children in accordance with a schedule and under certain conditions which may be agreed upon at a conciliation to be held in this matter. WHEREFORE, defendant respectfully requests that the court enter an order providing for the legal and physical custody of the children as aforesaid. .., October fA) ,2004 HAROLD S. IRWIN, III Attorney for pli!intiff 64 South Pitt Street Carlisle, Penm.ylvania 17013 (717) 243-6090 Supreme Court 1.0. No. 29920 r . . VERIFICATION I do hereby verify that the acts set forth in this petition are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. October z..o, 2004 ~~~ DARREN M. MELL l:J R ~ ~ D ~ () ~~ 1- "- ~ ~ ~ 'fq. ~ .D r) "'1 (q (") ....0 C":~ C..; (", e') C") (-" ",:, -',1 ,-" ',' ; i' NATALIE L. MELLO PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-2535 CIVIL ACTION LA W DARREN M. MELLO DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Thursday, November 04, 2004 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, December 09, 2004 , the conciliator, at 8:30 AM for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearinl!. FOR THE COURT, By: Isl Hubert x: Gilroy, Esq. Custody Conciliator mhc The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 Telephone (717) 249-3166 . wr ~ '-#- ~ ~ ~l Ar/:>-l/ )$r/ % ~ ~ Ao.s-// ~~ ?-~~-/7?' /0,9-/1 'tIN\-!!\' t ,,~. 'r' f3ri }JJ, ~rtr~t-t r~~ t_::~;: -;,~~. .' " ,._1" . L' -. .,.-","", ;ten...... -. -..iIIV S I :8 Wd S- r\m4 ;OOZ I Lrwt; t'~, (,'"''',1 I i ~T t I :1" n.uJt.J...,~../!'t\.....It,fU',-;a ..>--tl -~O -lr" I ;;;:. :;;...,..,""1 I,' - :;\.-J1:;=~l~J=1 ! j IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATALIE L. MELLO, Plaintiff NO. 04-2535 Civil Term vs. CIVIL ACTION - LA W DARREN M. MELLO, Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on June 4, 2004, and service made on the Defendant on June 8, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. 4. I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATE: Il/I'S/a>! ~~J;,~AJ010 Natalie L. M 10, PlamtIff ..;' r--J C~ = ...<.- CJ 1''''1 rJ I C:J o "/1 --1 F~ 71 -(j fn :;j~ ;"'):d ;~~'~ f.?, jg ~..,< ::;";"f ....0 .;::- 0) IN THE COURT OF THE COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA NATALIE L. MELLO, Plaintiff : NO. 04-2535 Civil Term vs. CIVIL ACTION - LA W DARREN M. MELLO, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 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 in 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 the foregoing 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 falsifications to authorities. DATE: 11//5/ oJ , I l'l~ .4 ~.... \-1 a.'hll i ,-,. -.. . Natalie L. Me 0, PlamtIff 1- ~" n I~:-' J' .r:::- CO t-...;) C-..:> C'-_J .,1::;:- r::) 1"'.-! C.',, (.'J '~rl --., ~ri:rl r -:-T 1""11 . 'I C:J ..; S'.~~; ~,? f:~ ".-..........~ .....~ \..0 NATALIE L. MELLO, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V, DARREN M, MELLO, DEFENDANT 04-2535 CIVIL TERM ORDER OF COUR! AND NOW, this ( '1-- day of January, 2005, the praecipe for the entry of a divorce, IS DENIED at this time.' By the' Court, / ~ Edgar B. Bayley, J. t...Natalie L. Mello, Pro se 6 South Locust Lane Mechanicsburg, PA 17050 plirren M. Mello, Pro se 224-06 Kingsbury Avenue Bayside, NY 11364 I -" :sal 1DJ, 7'\ cj 0/-17-0..5 I While plaintiff has filed an affidavit stating that defendant received the divorce complaint and signed the certified mail receipt on June 8, 2004, that receipt has not been made part of the record, C'J -' (..1_ ;:>J ,.' .'.-' F: u_ ~'_., ....-"- -, t.r.> c::j c:::.. ,-...: C) nu..t-o.)u LrYlt./lo fJlO. Ln .J-i.fY' , IN WE COURT OF CCMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. OJ./ .}'535 CIVIL 19 vs. bo..((u,- 111 mulQ :tv.b~nl U\fl..f., 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. Grounds for divorce: irretrievable breakdown under Section 3301 (c) 3301 (d)(l) of the Divorce Code. (Strike out inapplicable section) 2. i Date and manner of service of the complaint: Ii lAd, r7.J...J ;, ,,,- - , \. e U.J-/.j...j~rl , "i, f i tdJ 3. Complete either Paragraph A. or B. A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by the plaintiff j\oruYIJo,1-- g 1004 , by the defendant he, m.b,r I q Jon4 , B. (1) Date of execution of the plaintiff's affidavit required by Section 3301 (d) of the Divorce Code: .bCfJ n1 hd g, ~nrYl. (2) Date of service of the plaintiff's affidavit upon the defendant: 4. Related claims pending: (l Oil Q 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (d)(l)(i) of the Divorce Code !Yf. (~ r (',h '1) ;1 ( )(),~ 'i~Ulu I "1" XfuLuJ, V(tIlIT!.'U Attorney for Plaintiff/Defendant ~ ~\ '$ ~ \ .J q, :t..,., 0'\-~ -:JJtq 9,C) ..,t::'\; "(;). t) .>:--ft' 9. "P. _ ,",- t:P 'P' ';3J;. - - .' - ~ THE COURT OF THE COMMON PLEAS OF CUMBERLAND C<\UNTY ~ PENNSYL VANIA I \ <. NATALIE L.MELLO, Plaintiff : NO. 04-2535 Civil Term vs. DARREN M. MELLO, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT I. On June 4, 2004 a Divorce Complaint regarding the above captioned case was filed with the prothonotary's office. 2. On June 5, 2004 a copy of the Divorce Complaint was sent to the Defendant by Cerified Mail Return Receipt Requested. 3. On June 8, 2004 the Defendant received the Divorce Complaint and signed the Certified Mail receiept. 4. On June 11, 2004 Plaintiff received the Return Receipt from the postal service. 5. On November 15,2004 the Notice of Waiver and Consent was sent to the Defendant by regular mail. 6. On December 8, 2004 Plaintiff's signed Waiver and Consent were filed with the Prothonotary's office. 7. On December 22,2004 Plaintiff received the signed Waiver and Consent from the Defendant by regular mail. I verifY that the statements made in the foregoing 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 falsifications to authorities. DATE: Si'1J()t) I f .~ . Ii / A /LULu ''--~ Y,lr/ i i W Natalie L. Mello, Plaintiff SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and 3, Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the n3verse so that we can return the card to you: . Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Oirren ./fie I/O .a.,k </. 00 KIII;).56o../r;r Aile.. 13'1,/ ).'Je I tJ / 1/3 0t-( 2. Article Number (Transfer from service tab PS Form 3811, February 2004 D'ISf' IfY"~I~1i . t.lJ' ~C:Ojll:. :: , \ (") '. /.f> " ... ~~.. ~l.. .......v).-,.... CAllen! C Addressee C. Date of Delivery g~~ J ~Type fled Man Cl ExpI8SS Mall n~1 "'f o Reglstellld C Return ReceIpt~ll, o Insured MaU 0 C.O.D. 4. Restncted Dal1v8fY'l (Extra Foe) ~Yes 7003 3110 0000 7769 9971 Domestic Return Receipt t02595-02-M-1540 "" c,::> ~ c::;, c..I"J ::;r. ~ ;:t:,I~ :::;;J Cq:!1 ," I -Om :06 -.l C) ". ;b< ::(=!-r. '."'-n , :Jt ;;20 c C"' om ::z "-1 :;! ? .:0 W .< :f't::+;"'; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +'f' +:+; . :+;:+;"';~Cf. ~:+;:+;:+;:+;:+;:+;:+;:+;+~:+;+:+;~+:+;~+:+; :+;++++++++++++++++++:+;++:+;+++++++++~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +++.++ ... IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PENNA, NATALI~ L. hELLO, plaintiff, No. 04-2535 VERSUS DA.e_w~.e~1 Ii. UBLLO, Defendant DECREE IN . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . , . . . . J, . . , . . . . PROTHONOTARY . . . . ++++++++++ ++++++++++++++++~ DIVORCE AND NOW, ~1 -~ ,.- ...,'\ ,IT IS ORDERED AND DECREED THAT ...UTALIE L. MELLO , PLAINTIFF, AND DAR.I:t-"L~ H. MELLO , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY, THE COURT RETAINS JURISDICTION OF THE FOLl,-OWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; t\.k>~ BY T ATTEST: +:+;<+::+: +:+:++;I'+++;\'++;\'+ ++ + ct:+'T++++ :+ .. .;17 $' ~ ~II. y7 g[ R 'J. ~ 4Gp ..1"9 ,<0. b[ . - . .........------- SEP 0 5 200~ NATALIE L. MELLO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA vs. NO.04-2535 CIVIL ACTION - LAW DARREN M. MELLO, Defendant IN CUSTODY ORDER ~ AND NOW, this ~ day of September, 2006, the above case being previously assigned to the Conciliator and there being no activity on this case for a period of six months or more, the Conciliator relinquishes jurisdiction. (/)I- Hubert X. Gilroy, squire Custody Conciliator 00 0'1 t I"~ ,,) II 0 I \':j IJ 9 - (ns quOl