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Home My WebLink About10-3095F: ? FILES\Cliems,13386 CLC\ 13386. L Divorce Complaint Created-fi 1/06 8:50AM r Revised: 5 10i 10 3:31 PM Hubert X. Gilroy, Esquire I.D. 29943 Katie J. Maxwell, Esquire I.D. 206018 MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff T J}'E tai H?' MARY 2616 MAY 12 AM 10-- 19 CUA+1B t; M; to COUNTY PDAS1'LVANIA IAN ZODA, ABEER M. BANAFAI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- .309S CIVIL ACTION - LAW Plaintiff V. : 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. Upon your request, the Court may require you and your spouse to attend up to three sessions. A request for counseling must be made in writing and filed with the Prothonotary within twenty (20) days of receipt of this Notice. 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. 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 'Y342.66 / '41k/ 32 South Bedford Street Carlisle, Pennsylvania 17013 .22W5( Telephone (717) 249-3166 02 y/ QQI IAN ZODA, Plaintiff V. ABEER M. BANAFAI, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010- CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Ian Zoda who currently resides at 7 Winchester Gardens, Carlisle, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Abeer M. Banafai who currently resides at 16 Hampshire Drive, Apartment A, Nashua, New Hamshire. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint. 4. The parties were married on the 60' day of October, 1990. 5. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Service Member's Civil Relief Act. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. 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. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(C) OR (D) OF THE DIVORCE CODE 8. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 9. The marriage of the parties is irretrievably broken. 10. When at the appropriate time, Plaintiff will file an affidavit stating that two years have expired from the date of separation. WHEREFORE, Plaintiff respectfully requests the Court to enter a decree of divorce pursuant to Section 3301 of the Divorce Code. MARTT7ES By Bert X. Gil y, Esquire 10 East Hi Street Carlisle, PA 17013 (717) 243-3341 Date: May LL, 2010 Attorneys for Plaintiff VERIFICATION The foregoing Divorce Complaint is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the document and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. Ian Zoda F FILES Clients 13612 Zoda 13612.1 asa 13386 4.Zoda\13386.4.Aff. Plaint Created- 9,20-04 006PM Revised: S.2310 9.IIAM Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLER MARTSON LAW OFFICES I.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff 45 ?MPENi S`LV?NtA IAN ZODA. IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY, PENNSYLVANIA V. NO. 2010-3095 CIVIL ACTION - LAW ABEER BANAFAI, Defendant DIVORCE AFFIDAVIT OF CONSENT I . A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on May 12, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety 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. § 4904 relating to unsworn falsification to authorities. Date: ?` Ian Zoda, Drefend aintiff ?`7 "I ?F?ILED-t.: T [??" - ?.??.11? ? FSFILES',Clients 13612 Zoda'13112,1 asa 13386.4. Zoda\ 13386.4. Waiv.Plaint Created: 9%20104 0:06PM ) Revised: 8,2310 9-12AM JL?G 31 PM I : L 5 Hubert X. Gilroy, Esquire MARTSON DEARDORFF WILLIAMS OTTO GILROY & FALLL%JMB&-?-!'` `'-' 'aOi1NW MARTSON LAW OFFICES PNl_'JANIAI.D. 29943 10 East High Street Carlisle, PA 17013 (717) 243-3341 Attorneys for Plaintiff IAN ZODA IN THE COURT OF COMMON PLEAS OF Plaintiff COUNTY. PENNSYLVANIA V. NO. 2010-3095 CIVIL ACTION - LAW ABEER BANAFAI, Defendant DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c) AND § 33010 OF THE DIVORCE CODE 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. § 4904 relating to unsworn falsification to authorities. Date: VV Ian Zoda, DeferxfarA PI 6tiff IAN ZODA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. ABEER M. BANAFAI NO. 2010-3095 DIVORCE DECREE AND NOW, 21 Zo to , it is ordered and decreed that IAN ZODA plaintiff, and ABEER M. BANAFAI , 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 A Prothonotary By the Court, & t? 4 r0 ° 601° - e a . 10