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HomeMy WebLinkAbout10-0947KATHERINE SWAVOLA, Plaintiff VS. JAMES VINCENT DIANA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- q1-17 CIVIL ACTION - LAW : 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 will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 S. Bedford Street c Mw , Carlisle, Pennsylvania 17013 z (717) 249-3166 ! w r ,,4 ??ai9v ,+aMc ?3 7 a.o? KATHERINE SWAVOLA, Plaintiff VS. JAMES VINCENT DIANA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- qqI CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW comes Katherine Swavola, plaintiff herein, by and through her attorney, Jacqueline M. Verney, Esquire. and represents the following: 1. Plaintiff is Katherine Swavola, an adult individual, currently residing at 323 N. Baltimore Avenue, Mt. Holly Springs, Cumberland County, 17065 since August, 2009. 2. Defendant is James Vincent Diana, an adult individual, currently residing 183 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013 since 2000. 3. Plaintiff and Defendant are bona fide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on March 18, 2008, in Maryland. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling. GJ' 7. This marriage is irretrievably broken. WHEREFORE, Plaintiff prays Your Honorable Court enter a decree in divorce. Respectfully submitted, k. acq line M. Verney, Esquire Supreme Ct. ID. 23167 44 South Hanover Street Carlisle, PA 17013 (717) 243-9190 Attorney for Plaintiff VERIFICATION I verify that the statements made in the foregoing divorce complaint are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ,2& l0 `? Date -' Q ?? Katherine Swavola, Plaintiff [=SLED- O FILE tJ? THE' PROT'illDfi OTARY 2010 FEB 1 I AM 9: 19 PEN N! S`(1,VAN111 a KATHERINE SWAVOLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. 20010- 947 CIVIL ACTION - LAW JAMES VINCENT DIANA, Defendant IN DIVORCE ACCEPTANCE OF SERVICE I hereby accept service of the Complaint in Divorce in the above captioned matter pursuant to Pennsylvania Rule of Civil Procedure, Rule 1930.4(d). I certify that I am the defendant in this action. Date: es Vincent Diana, Defendant Mailing Address c?-aj / s / L ?? l I ~~ ~~~~7AgY.. 2114 J~l~124 A~! !a~ 2d CUM:#~s~.:~:~~at::~, y KATHERINE SWAVOLA, : L1~~~1~~'~~jC ~OiF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA V. , N0.2010-947 CIVIL ACTION -LAW 3AMES VINCENT DIANA, Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTiOIV' 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 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. section 4904 relating to unsworn falsification to authorities. Date: /a Ol ~ ~ ~ ,, ~-1~-~ Katherine Swavola, Plaintiff AFFIDAVIT OF CONSENT l . A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on February 4, 2010; acceptance of service of the complaint was dated February 10, 2010. 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. 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. Date: ~U ~~ ~ Katherine Swavola, lainti KATHERINE SWAVOLA IN THE COURT OF COMMON PLEAS OF ,CUMBERLAND COUNTY, PENNSYLVANIA V. JAMES VINCENT DIANA NO 2010-947 DIVORCE DECREE q a„~' 9:~4n..~. AND NOW, ~~- ~ ` , ~a~~ , it is ordered and decreed that KATHERINE SWAVOLA JAMES VINCENT DIANA bonds of matrimony. plaintiff, and defendant, are divorced from the 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 th urt, Attest: ~. Pro honotary (9-3©• LO ~•~O- l0 /Vo-~-~ c~ ma:~ 1 e~ -~-o ~ e-f-~.