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HomeMy WebLinkAbout10-2991Plainti* (Your Name 1?iather 1 rem V. Defendant (roar s Name) )411:erm ?/A IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA /6 - 299/ NO. CV DV 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 on the first floor of the Cumberland County Courthouse, Carlisle, Cumberland County, PA. 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. IFYOU 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 LAWYER REFERRAL SERVICE CARLISLE, PA The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For infonymbon about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact the Court Administrator at (717) 780-6624. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. Revised 1-09 ® Cumberland County Court of Common Pleas ? N o -n y ?+ 41t 9'35.2.va I?c? Gsk- '-liazhifnel Plaintiff (Your Name) V. k1he Defendant (Your Spouse's Name) IN THE COURT OF COMMON PLEAS -DAWPa "N COUNTY, PENNSYLVANIA &umburland NO. CV DV IN DIVORCE COMPLAINT UNDER 3301(c) OF THE DIVORCE CODE Plaintiff is 0rsne t/ who currently resides at (Your Complete N / n Streit Address nd City) (Name ?/ ( County, p 1 (Name of County) Pennsylvania, L z since -aPr / E Z 669 (Zip Code) (Date Moved to Current Address) 2. Defendant is A/,;?? U,- r6l , who currently resides at (Complete Name of Spouse) (Your Spouse's Street Address and City) County, (Name of County) Pennsylvania, since (Zip Code) (Date Spouse Moved to Current Address) 3. Plaintiff and/or Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on?? ?J' Z 10 Jf- n/ t (Date of ) (Uty and State Where Marriage Took Place) N 5. There have been no prior actions of divorce or for annulment between the parties except (Docket Number of Prior Divorce/Annulment Action) 6. Defendant is s no a member of the Armed Forces of the United States of America (Cir or any of its Allies. 7. This marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the Revised 1-09 © Dauphin County Court of Common Pleas 4 .? right to request that the court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. 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 falsifications to authorities. Date: 1 d Signature of Plaintiff u JC i vt.ra Print Name 717. 32cl. 9'771 Telephone Number Revised 1-09 © Dauphin County Court of Common Pleas Luther E. Milspaw, Jr., Esquire Attorney ID No. PA 19226 130 State Street, P.O. Box 946 Attorney for Plaintiff Harrisburg, PA 17108-0946 (717) 236-3141 FAX (717) 236-0791 Email Luthermilspaw milspawlawfirm.com HEATHER RIVERA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 10-2991 ALBERTO RIVERA, CIVIL ACTION - LAW Defendant IN DIVORCE c rn r c -' rn z:o ENTRY OF APPEARANCE r M <p -a =o ac•, rn TO THE PROTHONOTARY: •• Please enter the appearance of Luther E. Milspaw, Jr., Esquire, as counsel for the Plaintiff in the above-captioned matter. R pe tfully R E. Attorney ID MlLgPA,V, J( No. 1922 130 State Street P.O. Box 946 Harrisburg, PA 17108-0946 (717) 236-3141 Dated: July 6, 2011 HEATHER RIVERA, Plaintiff VS. ALBERTO RIVERA, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 10-2991 CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the above Entry of Appearance upon all counsel/parties of record by depositing the same in the United States Mail, first class, postage prepaid, at Harrisburg, Pennsylvania, on the 6t' day of July 2011, addressed as follows: Alberto Rivera 323 Meadow Lane Harrisburg, PA 17101 Respectfioy submitted, d Va- TARA L. WARTZ, Paralegal Law Offi of Luther E. Milspaw, Jr. 130 State Street P.O. Bo 946 urg, PA 17108-0946 (717) 236-3141 HEATHER RIVERA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. ALBERTO RIVERA, Docket No. 10-2991 CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE ;-s f-z C= a M ?'^ Try{ hereby accept service of the Complaint in Divorce-<X" ALBERTO RIVERA I --+ o , , -o o x o - C) M c z .i y. Alberto Rivera Dated: May 5, 2010 HEATHER RIVERA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. Docket No. 10-2991 ALBERTO RIVERA, CIVIL ACTION - LAW Defendant IN DIVORCE r?-- Lnt i ? AFFIDAVIT OF CONSENT -{tomz= v c? =Z 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was f%wn May 5, 2010. -4 C C:) O -n 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.A. § 4904 relating to unswom falsification to authorities. 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. 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unswom falsification to authorities. Date: 7/& , 2011 a rtga Heather Rivera HEATHER RIVERA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSY,L.VAN I c °_ vs. Docket No. 10-2991 Mco zm C- Z= - F z r , r= C ALBERTO RIVERA, CIVIL ACTION - LAW -J Defendant IN DIVORCE to =-n C) AFFIDAVIT OF CONSENT 5c= 1. A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 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. 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.A. § 4904 relating to unsworn falsification to authorities. 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 waiver are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: , 2011 Alberto Rivera HEATHER RIVERA IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL DIVISION ALBERTO RIVERA NO. 10-2991 CIVIL TERM o PRAECIPE TO TRANSMIT RECORD =rn c m,-= To the Prothonotary: =r ry -V -J ? Transmit the record, together with the following information, to the court for entry of a diTedi x-n decree: xo Z-n F D? C)m 1. Ground for divorce: .. _ . ?• Irretrievable breakdown under § (3301(c)). -? ' 2. Date and manner of service of the complaint: See acceptance of service dated May 5, 2010; filed July 7, 2011 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 July 6, 2011 ; by defendant June 8, 2011 (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 plaintiffs § 3301(d) affidavit upon the respondent opposing party: 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: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: July 7, 2011 Date defendant's Waiver of Notice was filed with the Prothonotary: IN THE COURT OF COMMON PLEAS OF Heather Rivera CUMBERLAND COUNTY, PENNSYLVANIA V. Alberto Rivera NO. 10-2991 DIVORCE DECREE ;q, AND NOW, ts , 201? , it is ordered and decreed that Heat er Rivera , plaintiff, and Alberto Rivera 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 th ,7,,8.1,- (?e"- 150Q gol7 e 0 Ccf,y .1 -7 ,5GUdr7`Z