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HomeMy WebLinkAbout10-3448 ORIGINAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jocelyn Ocampo : Case No. 10 -3448 C-Vi I Iem vs. : Civil Action - Law Wilfredo Ocampo, Jr. : Divorce NOTICE TO DEFEND AND CLAIM RIGHTS (Action in Divorce) YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY AN ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU.. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HA VB A LAWYER OR CANNOT AFFORD ONE, GO TO THE TELEPHONE OR THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. r? ?'a CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET r? CARLISLE, PA 17013 1-800-990-9108 717-249-3166 AVISO PARA DEFENDER Y RECLAMAR DERECHOS (Accion en Divorcio) USTED HA SIDO DEMANDADO EN LA CORTE. SI DESEA DEFENDERSE DE LAS QUEJAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, DEBE TOMARACCION POR ESCRITO DENTRO DE VIENTE (20) DIAS DESPUES DE RECIBIR ESTA DEMANDA DE DIVORCIO. SE LE AVISA QUE SI NO SE DEFIENDE, EL CASO PUEDE PROCEDER SIN USTED Y DECRETO DE DIVORCIO 0 ANULAMIENTO PUEDE SER EMITIDO EN SU CONTRA POR LA CORTE. UNA DECISION PUEDE TAMBIEN SER EMITIDA EN SU CONTRA POR CUALQUIER OTRA QUEJA 0 COMPENSACION RECLAMADOS POR EL DEMANDANTE. LISTED PUEDE PERDER DINERO, 0 PROPIEDADES U OTROS DERECHOS IMPORTANTES PARA USTED. USTED DEBE LLEVAR ESTA PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE 0 NO PUEDE PAGAR UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 1-800-990-9108 717-249-3166 $35a •00 PD A79f crif atqo P.# as 9,589 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jocelyn Ocampo : Case No, vs. : Civil Action - Law Wilfredo Ocampo, Jr. : Divorce COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE 1. The Plaintiff is Jocelyn Ocampo an adult individual, residing at 1037 Swarthmore Rd., New Cumberland, PA 17070. 2. The Defendant is Wilfredo Ocampo, Jr. , an adult individual, whose last known address is2150 S. Lewis St, Apt 207, Anaheim, CA 92802. 3. The Plaintiff and Defendant were married on January 4, 1992 in Quezon City, Philippines in a religious ceremony. 4. There was/(were) 1 child(ren) born of this marriage. 5. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for a continuous period of at least six months prior to the filing of this action. 6. The Defendant is not in the armed forces of the United States of America. 7. There have been no prior actions of divorce or annulment between the parties. 8. Plaintiff avers that (s)he is entitled to a divorce on the ground that the marriage is irretrievably broken and/or that the parties have been separated for a continuous period of over two (2) years, to wit, since November, 2007. 9. The Plaintiff has been advised of the availability of counseling, and that (s)he may have the right to request the Court to require the parties to participate in counseling. 10. The Plaintiff requests your Honorable Court enter a Decree of Divorce divorcing the Plaintiff and Defendant from the bonds of matrimony a vinculo matrimonii. WHEREFORE, Plaintiff prays your honorable court to grant a divorce a vinculo matrimoni from the Defendant. May 10, 2010 RESPECTFULLY SUBMITTED, CARDENAS LAW FIRM, P.C. i By: Abraham B. Cardenas, Esquire Attorney for Plaintiff Supreme Court No. 61890 18 South George Street, Suite 615 York, Pennsylvania 17401 (717) 854-6400 (866) 353-5570(Fax) VERIFICATION I verify that the statements contained in this divorce complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. Section 4904 relating to unsworn falsification before authorities. Date: O 5 0 ?j 02©/0 ?--- Plai iff IN THE COURT OF COMMON PLEAS OF CI MISEZLMO COUNTY, PENNSYLVANIA - JDCFLYnI 0CAMP0 Plainuff vs. : Case No. Civil Action - Law 1k)iI-F2ED0 OCAMP0 ik Defendant : Divorce NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(D) OF THE DIVORCE CODE 1. The parties to this action separated on or about ,3e???, , and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. 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. Sec. 4904 relating to unsworn falsification to authorities. Date:_ S ? 20 f o Plaint f JOCELYN OCAMPO, IN THE COURT OF COMMON PLEAS OFD PLAINTIFF CUMBERLAND COUNTY, PENN?YL',%NtA a = =- r V. =rn -0 rn WILFREDO OCAMPO, JR., 0< ° DEFENDANT ! 10-3448 CIVIL TERM To C-) 3 ?C) r1a --Am ORDER OF COURT X?l o ;0 AND NOW, this, fd ay of March, 2011, the petition for alternate service filed by the Plaintiff, Jocelyn Ocampo, is DENIED due to inadequate investigation of the Defendant's whereabouts. Pa. R.C.P. No. 430; Deer Park Lumber, Inc. v. C.B. Major, 559 A.2d 941, 946 (Pa. Super. 1989) ("[M]ore than a mere paper search is required before resort can be had to the publication provisions of Rule 430(b)."). By the Court, Albert H. Masland, J. c/ Abraham B. Cardenas, Esquire For Plaintiff :saa Copy M ?aeilI ab IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jocelyn Ocampo : Case No. 10-3448 Civil Term VS. Civil Action - Law a . a, r Z' Wilfredo Ocampo, Jr. : Divorce C/ )r- t -rD -- ry -n o AFFIDAVIT OF ACCEPTANCE OF SERVICE C) r' ?. I, Wilfredo Ocampo, Jr., Defendant in the above captioned action, hereby accept service of the Complaint in Divorce and Plaintiffs Affidavit under 3301(d) of the Divorce Code, which was filed of record in the within action on May 24, 2010. WAIVER OF VENUE I further acknowledge that these divorce proceedings are being done in CUMBERLAND County, Pennsylvania and hereby waive any objection to venue and agree to venue in CUMBERLAND County, Pennsylvania for these proceedings. 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. §4904 relating to unsworn falsification to authorities. qp? 6 ? 1 F?-210 ?d " U ?-- Date Wilfredo Ocampo, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jocelyn Ocampo : Case No. 10-3448 Civil Term vs. : Civil Action - Law Wilfredo Ocampo, Jr. : Divorce WAIVER OF NOTICE OF INTENTION TO REQUEST ' `y ENTRY OF A DIVORCE DECREE UNDER §3301(d) OF THE DIVORCE CODE D 1. 1 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 affidavit are true and correct. I understand that false statements herein are made subject of the penalties of 18 Pa. C. S. §4904 relating to unswom falsification to authorities. 17- -4 Date Wilfredo Ocampo, Jr., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jocelyn Ocampo : Case No. 10-3448 Civil Term vs. : Civil Action - Law Wilfredo Ocampo, Jr. : Divorce 47'1 WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER " =7 §3301(d) OF THE DIVORCE CODE -- F 1. 1 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 affidavit are true and correct. I understand that false statements herein are made subject of the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Date Jocely campo, PI tiff Cu?? la??. IN THE COURT OF COMMON PLEAS OF C* MERON COUNTY, PENNSYLVANIA JOC.ELXN OCAMPO : Case No. Plaintiff vs. : Civil Action - Law W tLFRE Do OCAMPO JR. : Divorce Defendant -t CERTIFICATE OF NON-MILITARY SERVICE X-- 7" 0 .cam' 6...J l...`..,... t' Before me, notary public, personally appeared j C> C6 yN OcAn? -, ?,- Your Name (Plaintiff) ; Plaintiff in the above entitled case, who being duly sworn or affirmed according to law deposes and says, that the defendant or respondent above named is not in the military service of the United States of America, that (s)he has personal knowledge that the said defendant or respondent is now living at: O T- C CRISFL D Ll 8&,0q- /02 Full Address of Defendant (Your Spouse) SCocjT DE C4t4jA ST. R/lk/l GrA y SACRED HEAD, aC P14ICIPP1,vu 1103 Continue FuM Address of Defendant (Your Spouse) and is employed at or by: Defendanes Employer Name and Address (K Known) 0?&"07^4iL Plai (Sign here i ront of a notary public) Sworn and subscribed before me this day of f 20 Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal William D. Wierman, Notary Public New Cumberland Boro, Cumberland County My Commission Expires Sept. 15, 2012 Memb r PennsVlvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jocelyn Ocampo : Case No. 10-3448 Civil Ter' .' ` : Civil Action - Law vs - ', . Wilfredo Ocampo, Jr. : Divorce _ W° NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE J TO: Wilfredo Ocampo, Jr. Defendant You have been sued in an action for divorce. You have failed to answer the Complaint or file a counter-affidavit to the plaintiffs complaint. Therefore, on or after A-MIL 2.0, 2.4 12- , the Plaintiff can request the Court to enter a final Decree in Divorce. If you do not file with the Prothonotary of the Court an Answer with your signature notarized or verified or a counter-affidavit by the above date, the Court can enter a final Decree in Divorce. A counter affidavit which you may file with the prothonotary of the court is attached to this.notice. Unless you have already filed with the Court a written claim for economic relief, you must do so by the above date or the Court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter affidavit alone does not protect your economic claims. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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. PENNSYLVANIA LAWYER'S REFERRAL SERVICE PENNSYLVANIA BAR ASSOCIATION P.O. BOX 186 HARRISBURG, PENNSYLVANIA 17015 (800) 692-7375 Jocelyn Ocampo VS. Wilfredo Ocampo, Jr. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3448 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a d*orcV, decree: - Ica : 'a- I . Ground for divorce: = r- r- Irretrievable breakdown under § (3301(c)) and ?' rV § (3301(d)(1)) of the Divorce Code. Strike out inapplicable section. c-) = _= 2. Date and manner of service of the complaint: ;, •• .-I e June 18, 2010; Defendant Signed an Acceptance of Service { ; ~ 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 plaintiffiVa ; by defendant n/a (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: May 19, 2010 (2) Date of filing and service of the plaintiff's § 3301(d) affidavit upon the respondent opposing party: Filed on Mav 4, 2010 and Served on June 18, 2010. 4. Related claims pending: There are no related claims pending. No claims were raised. 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: February 20, 2012; US Mail. (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: Date defendant's Waiver of Notice was filed with the Prothonotary: Attorney for Plaintiff/Defendant CIVIL DIVISION CIVIL TERM IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jocelyn Ocampo V. Wilfredo Ocampo, Jr. NO. 10-3448 Civil Term DIVORCE DECREE AND NOW, MAe4 / az) a- , it is ordered and decreed that Jocelyn Ocampo , plaintiff, and Wilfredo Ocampo, Jr. , 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 the Court, Attest: J. Prothonotary 5• / 7 - /2 Y04?e