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Home My WebLink About10-1543JAQUELIN C. CRUZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE DANNY R. CRUZ, Defendant :NO. /Q - 153 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, 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. c) o C 9.1 v -n Cumberland County Bar Association H ° v ? ? 32 South Bedford Street 2 Carlisle, Pennsylvania 17013 cn (717) 249-3166 ;' p y c_s t[1 p rn 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. JAQUELIN C. CRUZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE DANNY R. CRUZ, Defendant :NO. Jd ' `l3 CIVIL TERM DIVORCE COMPLAINT The plaintiff, Jaquelin C. Cruz, by his/her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. 44 3301(a)(6), 3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Jaquelin C. Cruz, who currently resides at 1395 Grandview Court, Carlisle, PA 17013, Cumberland County, Pennsylvania, since September, 2008. 2. Defendant is Danny R. Cruz, who currently resides at 26 Lake Point Drive, Harrisburg, PA 17111, Dauphin County, Pennsylvania, since approximately August, 2009. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on August, 22, 2000 in Harrisburg, Dauphin County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since March 28, 2009. 6. There have been no prior actions for divorce or for annulment between the parties. 7. Defendant has offered such indignities to the innocent and injured Plaintiff as to render Plaintiff's condition intolerable and life burdensome. 8. The marriage is irretrievably broken. 9. 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, Plaintiff requests the court to enter a decree of divorce. Aw? Andrew H Certified Legal Intern 01", ?' 6/-_ ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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. Date Plaintiff Jaquelin C. Cruz JAQUELIN C. CRUZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW DIVORCE , DANNY R. CRUZ, a " Defendant : NO.)O_ /.s'/3 CIVIL TERM m F Fl mm z 'J" c n O PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: w Kindly allow Jaquelin C. Cruz, Plaintiff, 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. Respectfully submitted, Date IMM'i h S, Zalr? 44- /7/- Andrew Hall Certified Legal Intern dam-., w, cT--- ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 JAQUELIN C. CRUZ, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW DIVORCE n . DANNY R. CRUZ, ~ ~, n ~ ~ Defendant NO. IQ ~ /S~l3 CIVIL TERM {~'~x' -~~ _ ' ~ r iT_..J ~ ~a) 1 - -,, CERTIFICATE OF SERVICE =' , s~ -~` ~~ r J ~ ~ ~ti I, Andrew Hall, Certified Legal Intern, Family Law Clinic, hereby certify tha~i se},'v~d ail true and correct copy of the Divorce Complaint on Danny R. Cruz, residing at, 26 Lake Pomt ~ Drive, Harrisburg, PA 17111, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Danny R. Cruz, on the the !~ ~' day of rylarcG~ 2010 as evidenced by the attached green card. U.S. Postal Service CERTIFIED MAIL. RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) ~ For delivery information visit our website at www.usps.com, ='.~ ~ CertiNed Fee ~ ~ Retum Receipt Fee (Endorsement Required) 0 Restricted Delivery Fee ~ (Endorsement Required) ~ Total Postage & Feea r~ ~ w p Street, Apt. No.; ~ G M1 or PO Box No. ~r y a 8~ ~~`g`E P,q a3 so V ~~ (~ ~ Gn_ O n( Andrew Hill Certified Legal Intern ~,~ w ~-- ROBERT E. RAINS THOMAS M. PLACE; ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney ~ FAMILY LAW CLINIC %'' 45 North Pitt Street b Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 'A !~~ ~/ ^ Complete items 1, 2, and 3. Also complete Rem 4 ff Restricted Delivery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the hack of the mailpiece, or on the front it space permRs. 1. Article Addressed to: i ~' .G • l;~-GIs-po~•~~ ~"`~ ,b~ ~o,b ~ ~ t~A 17> ii A. ~i nature X ~ ^ Addressee e~~Racei~ed by ~ ~n nreme) a Dace of Delwery .1~ ~ ~ ~ D. Is deY+rery dMlererrt from item 1? Yes H YES. enter delivery address below: ^ No 3. Service Type 'j~l CertMied Mail ^ Express Mail ^ Registered "~ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4.. Restricted Delivery? (Extra Fee) Yes 2. Article Ni vnr,nv ~ 7008 1140 0001 6165 0491 Ps orm , F.bnwry 2004 Dorrn.tb ii~ttxtr Receipt ,oxsi~o2.ti,-,soo Jaqueline C. Cruz, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW v, : IN DIVORCE C O `-'~ Danny R. Cruz, : -,~ ~; ~ ~ ~ z -,., Defendant : No. 10-1543 CIVIL TERM ~y ~" `: N -'? 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: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Danny R. Cruz on March 6, 2010. 3. Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff- June 10, 2010; by defendant-June 17, 2010. 4. Related claims pending: none 5. Date plaintiff s Waiver of Notice was filed with the Prothonotary: June 29, 2010. Date defendant's Waiver of Notice was filed with the Prothonotary: June 21, 2010. C.~ 2-°i l0 Date Ashley Fergus Ce Tied Legal Intern Meg 'esmeyer, Esq. Supervising Attorney iFAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff Jaqueline C. Cruz, Plaintiff v. Danny R. Cruz, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 10-1543 AFFIDAVIT OF CONSENT n CIVIL TERMm~' :~ ; ~,a~. _~ _ ~- ~-' ~: N O Q N 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on March 5, 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 aff davit are true and correct. I understand that 'r7 ~ -rt ..re F?'~ A --'r ~? -, -, -;_} r = false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. _~ Date J uehne C. Cruz, Plaintiff Jaqueline C. Cruz , Plaintiff v. Danny R. Cruz , Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 10-1543 CIVIL TERM n ~' WAIVER OF NOTICE OF INTENTION TO REQUEST A G --~ T ENTRY OF A DIVORCE DECREE UNDER ~i~ . ~ ~ _ ~~~ $3301(cl OF THE DIVORCE CODE ~ ~ `- N -~ "? c_ ; -~:: rL k/4 ~ i^ t_J ~~~ ~"~ ~, .~ ` Iy~r 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 -Il0' ~~ J ueline C. Cruz, Plaintiff Jaqueline C. Cruz V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Danny R. Cruz NO 10-1543 DIVORCE DECREE • AND NOW, ~ ~ ~'0~~ , it is ordered and decreed that Jaqueline C. Cruz Danny R. Cruz 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. A t: J. rothonotary `7- ?- t O ~c~-icsZ M~-A~ec~ ~0 1~-~-