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HomeMy WebLinkAbout10-3788i f- P 0 p MARCY J. HAMILLA, : IN THE COURT OF COMMON PLEA..OFf Plaintiff : CUMBERLAND COUNTY, PENNS+ ,t] VAI,%k • ?rr 1. V. : CIVIL ACTION - LAW IN DIVORCE } MICHAEL HAMILLA Defendant :NO. 10- 37Tf 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. _, ?? (TF Y -Q .1 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 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. MARCY J. HAMILLA, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE MICHAEL HAMILLA, Defendant :NO. 10- CIVIL TERM DIVORCE COMPLAINT The plaintiff, Marcy J. Hamilla, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. 4§3301(a)(6), 3301(c), AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Marcy J. Hamilla, whose address is confidential. 2. Defendant is Michael Hamilla, who currently resides at 137 S. East St., Carlisle, Pennsylvania, 17013, since March of 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 May 20, 2008, at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions for divorce or for annulment between the parties. 6. Defendant has offered such indignities to the innocent and injured Plaintiff as to render Plaintiff's condition intolerable and life burdensome. 7. The marriage is irretrievably broken. 8. Plaintiff and Defendant have lived separate and apart since March of 2009. 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. Ak'? /?' ? C),(\ UA Alice Richards Certified Legal Intern R B T INS THOMA PUCE 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 ; /6 Plaintiff °L INIarcy Jt i a Marcy J. Hamilla, Plaintiff V. Michael Hamilla, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN CUSTODY NO. 10- 37A CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Marcy J. Hamilla, Plaintiff, to proceed in forma pauperis. 0 CJ J Gr? ? - C: W rte; 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. Date to / b Respectfully submitted, ? ?k'? k cm, U1 cm, Alice Richards Certified Legal Intern x - ROB INTHO S M. PLACE ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 MARCY HAMILLA, : IN THE COURT OF COMMON PLEAS OFD.., ~ . Plaintiff :CUMBERLAND COUNTY, PENNSYLVAIS~A o :'. ~ 1'T? f ~ l ~ ~ ~ ?'1 -" v. :CIVIL ACTION-LAW :-r ' ~ ` rn :DIVORCE '`'' +~~ ~ ±'' `~''' ,~ .~ ~~ ... MICHAEL HAMILLA, , ~_: ~ ; .,, --, Defendant NO. 10-3788 CIVIL TERM ~,;, -a CERTIFICATE OF SERVICE I, Alice Richards, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Michael Hamilla, residing at 137 S. East St., Carlisle, PA 17013, 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 Michael Hamilla on the 9~' day of June 2010 as evidenced by the attached green card and oral confirmation by the United States Postal Office of the delivery date. lice Richards Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 ~~ LL T T /z~ LL MARCY HAMILLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE MICHAEL HAMILLA, Defendant NO. 10-3788 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on June 7, 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 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 7-AZO10 ARC H I ; Plaintiff w 21 :1 . w - a . C u MARCY HAMILLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE MICHAEL HAMILLA, Defendant : NO. 10-3788 CIVIL TERM 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 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 MARCY H , ILIA , Plainfiff 4 T°NW ; MARCY HA.MILLA, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE MICHAEL HAMILLA, Defendant NO. 10-3788 CIVIL TERM CERTIFICATE OF SERVICE I, Alice Richards, Certified Legal Intern, Family Law Clinic, hereby certify that I served a time stamped copies of the Plaintiff's Waiver of Notice and Affidavit of Consent on Michael Hamilla, residing at residing at 137 S. East St., Carlisle, PA 17013, by depositing a copy of the same in the United States mail, postage prepaid, on November 8, 2010. Alice Richards Certified Legal Intern FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA a Marcy Hamilla, Plaintiff File No. 10-3788 IN DIVORCE , Michael Hamilla, Defendant NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, Marcy Hamilla X prior to the entry of a Final Decree in Divorce, or after the entry of a Final Decree in Divorce dated , hereby elects to resume the prior surname of Baird , and gives this written notice avowing her intention pursuant to the provisions of 54 Pa.C.S. § 704. Date: ?( r n?' na e Signature of ng resumed COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the /'/,Q day of Gl' , 2011, before me, the Prothonotary or the Notary Public, personally appeared the above affiant, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto set my hjand and Notarial Seal. !'ii, vo p' mq C ti;sk A-,P-a5?W'73 Y P BLIC L,,v. , VAP`., NOTARY PU6U,, STATE OF PENNSYLVANIA W CONOWN EPIES 121ZY12014 Marcy Hamilla : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE - ' Michael Hamilla. Defendant : NO. 10 -3788 CIVIL TERM'_ ?-` NOTICE TO DEFENDANT , If you wish to deny any of the allegations set forth in this affidavit, you must file a counteraffidavit 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 in March 18, 2009, and have continued to live separate and apart for a period of at least 2 years. 2. The marriage is irretrievably broken. 3. 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. 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 ca A Marcy Hamilla, : IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE zCO ' rn--, =M a , Michael Hamilla ? Defendant NO. 10 - 3788 CIVIL TERM < =C) y. -- °rn CERTIFICATE OF SERVICE X I, Patrick Boyer, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice of Intention to Request Entry of §3301(d) Divorce Decree and Defendant's Counter-Affidavit Under §3301(d) of the Divorce Code on Michael Hamilla, residing at 137 S. East St. Carlisle, PA 17013, by depositing a copy of the same in the United States mail. atrick Boyer Certified Legal Intern Marcy Hamilla V. Michael Hamilla IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 10-3788 DIVORCE DECREE AND NOW, ^,v /7 // , it is ordered and decreed that Marcy Ha llla , plaintiff, and Michael Hamilla , 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, 6?x z -;k - - -,- ?;? ? ? Attest: J.