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HomeMy WebLinkAbout10-3603d Deniz C. Martinez, Plaintiff V. Jesus Martinez, Defendant To the Prothonotary: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY : NO. 10 -36 o3 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS J Kindly allow Deniz C. Martinez, Plaintiff, to proceed in forma pauperis. Q1 r- 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: June 2, 2010 0? .? Patrick Schaeffer Certified Legal Intern A4*42'0v? ROBE 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 717-243-3639 ?7" - Deniz C. Martinez, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Jesus Martinez, Defendant : NO. 10 - 3 6 o-3 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. N IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY 4BEBIE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY O LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FECumberland County Bar Association 32 South Bedford Street :x Carlisle, Pennsylvania 17013 p (717) 249-3166 cn 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. Him 7177 c? CJ 1FF Denise C. Martinez, Plaintiff V. Jesus Martinez, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE . NO. CIVIL TERM COMPLAINT FOR DIVORCE, ALIMONY, AND EQUITABLE DISTRIBUTION The plaintiff, Deniz C. Martinez, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: COUNTI DIVORCE UNDER 23 Pa.C.S. 5§3301(c) AND 3301(d) OF THE DIVORCE CODE Plaintiff is Deniz C. Martinez, who currently resides at 4 Walnut Circle Camp Hill, Cumberland County, PA 17011, since April 2007. 2. Defendant is Jesus Martinez who currently resides at an unknown address in New Cumberland, PA since the Summer of 2009 but receives mail at PO Box 161, Lemoyne, PA 17043. 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 November 23, 1999 in Los Angeles, Los Angeles County, California. 5. Plaintiff and Defendant have lived separate and apart since the Summer of 2009. 6. There have been no prior actions for divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. COUNT II ALIMONY 9. Plaintiff repeats and realleges paragraphs one through eight. 10. Plaintiff requires support to adequately maintain herself in accordance with a reasonable standard of living. 11. Plaintiff has been and will continue to be the primary caretaker of the couple's four minor children, Omar (DOB 2/10/1999), Leyla (DOB 9/15/2001), Fazil (DOB 9/10/2004) and Semra (DOB 3/13/2007). 12. Plaintiff has primary physical custody of the children under a Protection from Abuse Order at Docket # 2009-5994. 13. Plaintiff is not gainfully employed. 14. Defendant is employed and is financially able to provide for the reasonable needs of Plaintiff. 15. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standards of living established during the marriage. 16. Plaintiff lacks sufficient property to provide for her reasonable needs and is currently unable to support herself through full-time employment. WHEREFORE, Plaintiff requests the court to enter an award of reasonable alimony, and such other relief as the Court deems just. COUNT III EQUITABLE DISTRIBUTION 17. Plaintiff repeats and realleges paragraphs one through sixteen. 18. Plaintiff and Defendant have acquired property during the marriage, including, but not limited to: a. Defendant's pension plan. b. Various items of personal property. c. Credit card debt. WHEREFORE, Plaintiff requests that this Court equitably divide the marital property and debts between the parties and grant such other relief as the Court deems just. Date: June 2, 2010 Patrick Sch effer Certified Legal Intern ROBE T E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorney 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 ?ys ° Plaintiff R C Deniz C. Martin Deniz C. Martinez, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION-LAW DIVORCE Jesus Martinez, Defendant NO. 10-3603 CIVIL TERM CERTIFICATE OF SERVICE I, Patrick Schaeffer, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Jesus Martinez, receiving mail at PO Box 161, Lemoyne, PA 17043, 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 Jesus Martinez, on the 7`~ day of June 2010 as evidenced by the attached green card and Tracking and Confirmation printout. ~ - /' Patrick Sch a er Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ti 0 ~ E .~ a ~ ~ ~ rl L ~ g O 6 O O ~ rl ~ ~ _ o ' ./ ~ -~ tx~~ ca c.... ---~ ~, ~ '_ N ~ IL ~ _ LQ -- i ~ M ~. ~' '' N i > --~ E ~ ~ ~ N .. [JSPS -Track & Confirm Track $c confirm Search Results Page 1 of 1 Home l ~ l I n In ~ Track 8 Confirm FA Your item was delivered at 4:34 PM on June 7, 2010 in LEMOYNE, PA 17043. Detailed Results: • Delivered, June 07, 2010, 4:34 pm, LEMOYNE, PA 17043 ^ Notice Left, June 03, 2070, 7:57 am, LEMOYNE, PA 17043 • Acceptance, June 02, 2010,10:28 am, CARLISLE, PA 17013 Piu~f c8t~aa O~tiQr>IS Track 8 Confirm by email Get current event information or updates for your item sent to you or others by email. '~ti~r> Label/Receipt Number: 70081140 0001 6165 0682 Class: First-Class Mail® Track ~ ~Odinb Service(s): Certified MaiITM Enter LabeUReceipt Number. Restricted Delivery Return Receipt -~~~~~~ ~~"~ ~""~""~~""' Status: Delivered 61!aa, to M Customer Service Forrns Gov't Services eer Prlvacv Policy Terms of Use Business Customer Gateway 4 Gopyright© 2010 LISPS. All Rights Reserved. No FEAR Act EEO Data FOIA ~ :~ . http://trkcnfrml.smi.asps.com/PTSInternetWeb/InterLabelInquiry.do 6/9/2010 o CUM David D. Buell e Renee X Simpson Prothonotary , 15` Deputy Prothonotary :f V jti� c' �irkS. Sohonage, E'SQ � Irene E. !Morrow Solicitor 7750 2nd Deputy Prothonotary Office of the Prothonotary Cumberland County, cPennsylvania —31.03 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER, 2013,AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE-THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R.C.P.230.2. BY THE COURT, DAVID D. BUELL PROTHONOTARY One Courthouse Square • Suite 100 • Carlisle, TA 17013 • (717)240-6195 • 'Fax(717)240-6573