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HomeMy WebLinkAbout10-7471FILED-OFFICE G, Ti c" PR,0TH1CNOTARY 2010 DEC -3 PM 2: 20 CUMBERLAND OOUN T Y PENNSYLVANIA IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, ?1 Brian R. Hare mi. No. /b_ 74/71 U. -Tvnf-V-S ft k. Qm 1 I C v i REQUEST FOR DECLARATORY JUDGMENT AND NOW, comes Petitioners, Brian R. Hare and Theresa A. Ruggieri, by and through their duly appointed attorney, Michelle Pokrifka of the CGA Law Firm, and files the within action for Declaratory Judgment and in support thereof, avers as follows: PARTIES 1. Brian R. Hare and Theresa A. Ruggieri (hereinafter "Petitioners") are adult individuals residing at 220 W Main Street, Mechanicsburg, Pennsylvania. 2. The Petitioners were duly married on February 11, 2005 in Wake County, North Carolina. 3. The venue before this Court is proper pursuant to Pa.R.C.P. 1006, as the Petitioners have been bona fide residents in the Commonwealth since 2005. y'a .©0 pd. 44 ifh -4 35-* as3 -1- R49 asi9,3;? FACTUAL BACKGROUND 4. Previously, Petitioner, Brian R. Hare, was duly married to Lynne Leighton Hare. That marriage took place on April 10, 1997, in the United Kingdom. 5. The couple separated in early 1998. 6. Petitioner, Brian R. Hare, petitioned the Brentford County Court, United Kingdom for a Decree in Divorce on or about September 2004. 7. On October 29, 2004, The Court entered a decree ordering that their marriage be dissolved unless sufficient cause be shown to the Court within six weeks from the date of the decree. A true and correct copy of the Decree from October 29, 2004, is attached hereto and made a part hereof and marked as Exhibit "A". 8. Petitioner, Brian R. Hare, interpreted the court's language to mean that a final divorce decree would be entered six weeks from the date of October 29, 2004, which he calculated to be December 10, 2004. 9. As such, Petitioners were married on December 15, 2004, in Wake County, North Carolina. A true and correct copy of the Petitioners' Application, License, and Certificate of Marriage from Wake County, North Carolina is attached hereto and made a part hereof and marked as Exhibit "B." 10. On or About December 23, 2004, Petitioner, Brian R. Hare, received the final and absolute decree of divorce from the Brentford County Court of the United Kingdom. -2- 11. The absolute decree of divorce provided in relevant part: "the marriage solemnised on the 10`" April 1997, between Mr. Brian Richard Leighton Hare and Mrs. Lynne Leighton Hare be dissolved unless sufficient cause be shown to the Court within six weeks from the making thereof why the said decree should not be made absolute, and no such cause having been shown, it is hereby certified that the said decree was in the 16Th December 2004, made final and absolute and that the said marriage was thereby dissolved. A true and correct copy of the Decree from October 29, 2004, is attached hereto and made a part hereof and marked as Exhibit f1C.» 12. Because the marriage of Petitioner Brian R. Hare to Lynn Hare was not absolutely dissolved until December 16, 2004, Petitioners contacted counsel in North Carolina who advised them that their marriage on December 15, 2004, was invalid and that the couple should remarry. 13. Petitioners remarried on February 11, 2005 in Wake County, North Carolina. A true and correct copy of the Petitioners' Application, License, and Certificate of Marriage from Wake County, North Carolina is attached hereto and made a part hereof and marked as Exhibit 11D." 14. On or about July 29, 2010, Petitioner, Brian R. Hare, filed an Application for Naturalization with the United States Department of Homeland Security. A true and correct copy of the first page of Petitioner, Brian R. Hare's, N-400 Application for Naturalization is attached hereto and made a part hereof and marked as Exhibit "E." 15. On November 23, 2010, Petitioner, Brian R. Hare, was interviewed by UCCIS Officer Avedis Aglidjan regarding his application for naturalization. -3- 16. The Naturalization Interview Results provide that a determination can not be made on Petitioner, Brian R. Hare's, Application for Naturalization until documentation is provided indicating that his marriage to Petitioner, Theresa A. Ruggieri on 15th December 2004, was legally dissolved. A true and correct copy of the Interview Results is attached hereto and made a part hereof and marked as Exhibit "F." 17. This documentation must be provided to UCCIS Officer Avedis Aglidjan by December 23, 2010, or his Application for Naturalization will be dismissed. ACTION FOR DECLARATORY JUDGMENT 18 Petitioners incorporate all preceding paragraphs as though fully set forth herein. 19. Petitioners request relief under, 23 Pa.C.S. §3306 Proceedings to Determine Marital Status, by bringing an action for declaratory judgment seeking a declaration of the invalidity of the December 15, 2004, marriage. 20. Under 23 Pa.C.S.A. § 3304, a marriage is void if at the time of a marriage either party has an existing spouse. 21. Petitioner, Brian R. Hare, had an existing spouse at the time of the December 15, 2004, marriage since the final and absolute divorce decree from the United Kingdom was not issued until December 16, 2004, one day after his marriage to Petitioner, Theresa A. Ruggieri. 22. The Petitioners in the instant action stipulate and agree that the marriage of December 15, 2004, was void ab initio and request acknowledgment of such declaration by the -4- Honorable Court. WHEREFORE, Petitioners respectfully requests that this Honorable Court issue an Order declaring that their Marriage of December 15, 2004, was void ab initio. Respectfully Submitted, CGA LAW FIRM, P.C. By: Michelle Pokrifka No.66654 135 North George Street York, PA 17401 717-848-4900 717-843-4903 fax Attorneys for Petitioners Lxkv.. e- M. M I lkv -5- NO: BF03DO1740 IN THE Brentford County Court BETWEEN Mr Brian Richard Leighton AND Mrs Lynne Leighton Hare Before District Judge Allen sitting at Brentford County Court On the 29th October 2004 The Judge held that a ?T CC; Respondent the petitioner and respondent have lived apart for a continuous period of at least five years immediately preceding the presentation of the petition, that the marriage solemnised on 10th April 1997 at THE REGISTER OFFICE IN THE DISTRICT OF RICHMOND UPON THAMES IN THE LONDON BOROUGH OF RICHMOND UPON THAMES between Mr Brian Richard Leighton the Petitioner and Mrs Lynne Leighton Hare the Respondent has broken down irretrievably and decreed that the said marriage be dissolved unless sufficient cause be shown to the Court within six weeks from the making of this decree why such decree should not be made absolute. Notes This is not the final decree. Application for the final decree (decree absolute) must be made to the court. (For guidance see leaflet D187 "I have a decree nisi - what must I do next") The court office at Brentford County Court, Alexandra Road, High Street, Brentford, TW8 01] is open from 10:00am until 4:00pm on Mondays to Fridays. Tel 020 8231 8940 Please address all communications to the Court Manager quoting the number at the top right hand corner of this form. Printed By MBPADLEY D29 Decree Nisi APPLICATION, LICENSE AND CERTIFICATE OF MARRIAGE STATE OF NORTH CAROLINA DEPARTMENT OF HEALTH AND HUMAN SERVICES STATE CENTER OF HEALTH STATISTICS, NC VITAL RECORDS 2004-5047 Wake LICENSE NUMBER COUNTY GROO BRID 1. GROOM-NAME FIRST MIDDLE LAST Brian Richard Hare Pa. RESIDENCE-STATE b. COUNTY c. CITY, TOWN, OR LOCATION d. INSIDE LIMI NC Wake Fuquay Varina Yes e. STREET AND NUMBER P. BIRTHPLACE (COUNTY & STATE) a. DATE OF BIRTH (Month, Day, Year) b. AGE 507 South Main Street Cheshire UK 10/13/1951 53 a. FATHER-NAME b. STATE OF BIRTH . ADDRESS (If Living) Edwin Theodore Leighton Hare United Kingdom 102 Bollington Road, Bollington, UK Sk105El a. MOTHER-MAIDEN NAME STATE OF BIRTH ADDRESS (11 Living) Molly Joyce Randall United Kingdom Deceased . RACE-GROOM . NUMBER OF THIS IF PREVIOUSLY MARRIED 10. EDUCATION-SPECIFY HIGHEST GRADE COMPLETED OPTIONAL) MARRIAGE - FIRST, a. LAST MARRIAGE ENDED BY: 9b. DATE ELEMENTARY HIGH SCHOOL COLLEGE SECOND, ETC (SPECIFY) ath, Divorce, Or Annulment (Specify) MONTH YEAR (0,1,2,3,4... or 8) (0, 1,2,3, or 4) (0,1,2,3,4, or 5) Third Divorce 10/29/2004 4 a. BRIDE-NAME FIRST MIDDLE LASr 11 b. MAIDEN SURNAME (I/different) r Theresa Ann Ruggieri 12a. RESIDENCE-STATE 12b. COUNTY 12c. CITY, TOWN, OR LOCATION 2d. INSIDE CITY LIIT NC Wake Fuquay Varina No 12e. STREET AND NUMBER 3. BIRTHPLACE (COUNTY & STATE) 4a. DATE OF BIRTH (Month, Day. Year) 14b. AGE 507 South Main Street Stanislaus CA 09/27/1961 43 15a. FATHER-NAME Sb. STATE OF BIRTH 5c. ADDRESS (If Living) rancis Romolo Ruggieri CA Deceased 16a. MOTHER-MAIDEN NAME 6b. STATE OF BIRTH 6c. ADDRESS (If Living) Mary Agnes Kiddie CA 2624 Portsmouth Lane, Modesto California 95355 17. RACE-BRIDE 8.NUMBER OF THIS IF PREVIOUSLY MAR RIED 20. EDUCATION-SPECIFY HIGHEST GRADE COMPLETED (OPTIONAL) MARRIAGE - FIRST, 9a. LAST MARRIAGE ENDED BY: 19b. DATE ELEMENTARY HIGH SCHOOL COLLEGE SECOND. ETC (SPECIFY) a1h, Divorce, Or Annulment (Specify) MONTH YEAR (0.1,2.3.4... or 8) (0,1,2,3, or 4) (0,1,2,3,4, or 5) n First a: xl R!! a r 1 - egos SS Jr! )! !!ZD !7C! 5-!SlSS'T Si 577r-£E9 9E'Ti5 7f'f-? 'n-:iT- era E 4 WCI'iCltt0/MRRC 1.I111Vn IV InG nCVIJICn ur VCCVJ rvnmm?nnn,va an.a.wa..•w waa•.•••a.-•.. a.... .,,... ..a.-... ,.•..,.i...a_.a...,,..v.........-.......,?.??..,-.-.. ,.--- .............. .....?. WE FURT K T THERE IS NO LEGAL IMPEDIMENT TO SUCH MARRIAGE. .? No SSN required on this copy SIGNAT GRO I SOCIAL SECURITY NUMBER OF GROOM No SSN required on this copy SIGNATUR OF BRIDE SOCIAL SECURITY NUMBER OF BRIDE To any ordained minister of any religious denomination, minister authorized by a church. federally or stale recognized Indian nation or Inbe, magistrate. or any direr person authorized to solemnize a manage under the laws of this Stale, you are hereby authorized, al any time within 80 days from the date hereof, to eele"ll the proposed marriage at any place within this State. The minister or other person celebrating this marriage is required within 1g days to return this license to the Register of Deeds who Issued the license. Failure to do so subjects person celebrating marriage to a forfeiture of $200.00 to anyone who sues for the same. SWORN TO AND SUBSCRIBED BEFORE ME THIS Laura M Riddick - November 29, 2004 RFr:ISTFR OF OFFDS EP OFFICIANT WITNESSES DATE RETURNED TO REGISTER OF DEEDS RECEIVED BY DHHS 2132 -VITAL RECORDS VS-80 (Revs 0 1) IAUMMADD" / Register of Deeds Copy 1a. I CERTIFY THAT THE ABOVE MO DAY YF,?1 1b. P?IAPIR:IAG - CITY T WN OR TOWNSHIP, COUNTY AMED PERSONS WERE MARRIED ON 1c. SIGNATURE OF OFFICIA 1d. TITL t r 1e. NAME OF OFFICIANT (PRI T If. AD E F S t SIGNA OF WIT SS OF ITN SS (PRINTrrYP NAME 3b. N E OF W IN YPE) t LA Jj1 O V, WA' A 94-10 ADDRESS OF WI SS 23c 5 -turn C. C 71 l- STATE OF NORTH CAROLINA COUNTY OF WAKE I, Laura M. Riddick, Register of Deeds in and for the above named State and County do hereby certify this to be a true and correct copy of the original marriage license as same appears of record in my sai ffice. lIV 4]SW REOF, I hereunto set y hand and affix my official Seal this of of 20• B (OFFICIAL SEAL) NO: BF03DO1740 IN THE Brentford County Court BETWEEN Mr Brian Richard Leighton Hare AND Mrs Lynne Leighton Hare Petitioner Respondent` ???,?,? sF rReferring to the decree made in this cause on the 29th October 2004, whereto it?ec . ; that the marriage solemnised on the 10th April 1997 f _?? at THE REGISTER OFFICE IN THE DISTRICT OF RICHMOND UPON THAMES IN THE LONDON BOROUGH OF RICHMOND UPON THAMES between Mr Brian Richard Leighton Hare the Petitioner and Mrs Lynne Leighton Hare the Respondent be dissolved unless sufficient cause be shown to the Court within six weeks from the making thereof why the said decree should not be made absolute, and no such cause having been shown, it is hereby certified that the said decree was on the 16th December 2004, made final and absolute and that the said marriage was thereby dissolved. Dated: 16th December 2004 Notes: 1. Divorce affects inheritance under a will Where a will has already been made by either party to the marriage then, by virtue of section 18A of the Wills Act 1837: (a) any provisions of the will appointing the former spouse executor or trustee or conferring a power of appointment on the former spouse shall take effect as if the former spouse had died on the date on which the marriage is dissolved unless a contrary intention appears in the will; kb) any property which, or an interest in which, is devised or bequeathed to the former spouse shall pass as if the former spouse had died on the date on which the marriage is dissolved unless a contrary intention appears in the will. Divorce affects the appointment of a guardian Unless a contrary intention is shown in the instrument of appointment, any appointment under section5(3) or 5(4) of the Children Act 1989 by one spouse of his or her former spouse as guardian is, by virtue of section 6 of that Act, deemed to have been revoked at the date of the dissolution of the marriage. I ca ul /I- - fi The court office u Brentford Canny Court, Alc ndra Road, High Street, Brentford, TW 8 013 is open to Fridays. Tel 020 318910 Please address all t comannications to die Coup Manager quongg the number at the top right hood cater of this form ?.y TZ rimed By SALA 4 w D31 Decree of Absolute (Divme) P - JAW.. IVN, LIGtNW: AMU GEKITHGAIE Cn=_NF/4KRfAG? """" "'""" NORTH CAROLINA MENT OF HEALTH AND HUMAN SERVICES I CENTER OF HEALTH STATISTICS, NC VITAL RECORDS a 2005-0344 Wake - LICENSE NUMBER COUNTY CROON BRID GROOM•NAME FIRST MIDDLE LAST I Brian Richard Hare Fa. RESIDENCE-STATE COUNTY D. CITY. TOWN, R LOCATION INSIDE CITY LM NC Wake Fuquay Vadna yes Fe. STREET AND NUMBER BIRTHPLACE (COUNTY SAE) --vin- 5777r: BIRTH (Month, day, Year) D: AGE. 507 South Main Street Cheshire UK 10/13/1951 53 '' FATHER- NAME STATE OF BIRTH . ADORE (N Living) Edwin Theodore Leighton Hare United Kingdom 102 Bollington Road,' Bollington, UK MOTHER-MAIDEN NAME ATE OF BIRTH . ADDRESS (N Uvft) , - . Molly Joyce Randall United Kingdom Deceased RAC M . 7. NUMBER T IS OUSLY IF 10• EOUCAT ECIFY NIQHEST DE ZNXIETED OPTIONAL) MARRIAGE • FIRST: LAST AAA GE ENDED Y: 9b. DATE I . HIGH SC L .. COLLEM __1 SECOND, ETC (SPECIFY) th, Divorce, OrAnniAment (Specify) MONTH YEAR (Q,1, ,3,4... Ora) (0,1.2.3, or 4) (01,2;3,41 of 5).. Third Divorce 12M6/2004 4- Ia. BRf -NAM FIRST MIDDLE LAS lb. W.I EN SURNAME IN different) Theresa Ann Ruggleri 112a. RESIDENCE-STATI! 2b. COUNTY 2c. CITY. TOWN, Oft LOCATION za NC Wake Fuquay Varina Yes - Z 2e. STREET AND NUMBER 3. BIRTHPLACE (COUNTY 6 STATE) tea. DATE OF BIRTH (Month, Y.Year) - 40: A 507 South Main Street 1 Stanislaus CA 09/2711961 431j Sa. FATHER •NAM 50. S E OF BIRTH 5c. AD (N Living) Francis Romolo Ruggieri PA Deceased 6a. MOTHER-MAIDEN NAME 6b. STATE BIRTH 6C. ADDRESS (M vine) ; Mary Agnes Kiddie CA 2624 Portsmouth Lane, Modesto CA 7. RACE-BRIDE PT A &NUMBER Of! THIS If PREVIOUSLY WM _ ED 20. EDUCATION-SPECIFY HIGHEST' GRADE COMPLETED- ION O L) - MARRIAGE • FIRST, 92. LAST E •DED BY: 19b. DATE ELEMENTARY . HIGHSCHOOL COLLEGE SECOND, ETC (SPECIFY) th, Divorce, Or Annulment (Specify) MONTH YEAR (01,2,3,4... or 6) (0.1.2.3. or 4) (0;1,2,3,4, or 5) . First - 1 EAR THAT APPLIGAT" A*M WE PURTHE TtfiliA7 THERE IS NO LEGAL &APFOI IEHT TO SUCH MARRIAGE. GONITAUNEV IN ME AVOW . _ ? .. r? No SSN required on this copy SfG T M'l 1 SOCIAL SECURITY NUMBER OF GROOM / kl No SSN required on this copy I NA TOF I -? SOCIAL SFCUPJTV NUMBER BRIDE ;. TO" a11Y mwWr Ldlw¢a0 tiy) W-AW dr %IM rawplua0 lydraa na iona, mspeVnb. or nt1' Ww pmson au v_o to s a MOT" V * aM 10+6 _. •,.. . 91 else Sta4, YOU ate hWOW awmnad. Y 3W *m w*in e0 days Ilan ON date hvwd. to ooebroA the pmpusad fnx laps S OW daw -tNri "& Suits Theff"Aw aroew pWw" on sor "The manla0a a roq ired .. WOW 10 Wye b rgan dda YoIW b 1Da Rdplataf oI DeaOi wnp holed dif YdlnM. FaiMae b dD p udilalta Dandn uteeraotpmdmapa b a tOti4illaa M f200. b anrdna MO fu0f'Ip OIa aame SWORN TO AND SUBSCRIBED BEFORE ME THIS Laura M Riddick February 11, 2005 I R DEEDS 1a. CERTIFY THAT THE PAY YEAR 1b. U CITY, TOWN T N HIP, PERSONS W IED OFF3ri.J+T Ic. ikaNA Uri2 C klo.TliL Ia. NAME OFFICAKT eRI It. ADORE WITNESSES [2b , S RE OF WrrNE TIRE . NAMF OF WITH (p?!(T PE) M. NAM F WIT (P NT C. ADDRESS OFtWITNESS f) 23C. ADOM 1 yyE DATE RETURNED TO REGISTER OF DEEDS ?_ RECEIVED BY I d I ?Qd its DlhhV QHHS 2132 - VITAL RECORDS VS-00 (Revised 0&01) . ! Register of Deeds Copy :STATE OF'NORTH CAROLINA, 1 i WAKE COUNTY OFFICE OF REGISTER OF DEEDS Volume Page This is to certify that this is a true and correct reproduction or 'abstract of the official record filed in this office. Laura M. Riddick .,?uu•?uu,11,,,, 0" Register of Deeds 92 111-4 4 Me e unty 063923 t? / Gib d f (i . W itlless my hand and official se I l ^r this the _ day of 20 By h i1?i111111?;= Deputy/ gisW of ds rl Any alteration or erasure voids this certificate. Do not accept unless on security paper with Register o eds seal clearly embossed I. left corner. J I!` _ .._ „!1141 .... .... OMB No. 1615-0052; Expires 01/31/11 Department of Homeland Security N-400 Application U.S Citizenship and Immigration Services for Naturalization Print clearly or type your answers using CAPITAL letters. Failure to print clearly may delay your application. Use black ink. Part 1. Your. Name (Person applying for naturalization) Write your USCIS A-Number here: A. Your current legal name. A A099-259-537 Family Name (Last Name) Given Name (First Name) Full Middle Name (If applicable) BRIAN RICHARD B. Your name exactly as it appears on your Permanent Resident Card. Family Name (Last Name) HARE Given Name (First Name) Full Middle Name (If applicable) Brian C. If you have ever used other names, provide them below. Family Name (c.asr tvame) Given Name (First Name) Middle Name Leighton Hare D. Name change (optional) Read the Instructions before you decide whether to change your name. 1. Would you like to legally change your name? D Yes Zx No 2. If "Yes," print the new name you would like to use. Do not use initials or abbreviations when writing your new name. For USCIS Use Only Bar Code Date Stamp ......................................................... Remarks ................................................................................... Action Block A. ? I have been a lawful permanent resident of the United States for at least five years. B. fx-? I have been a lawful permanent resident of the United States for at least three years, and I have been married to and living with the same U.S. citizen for the last three years, and my spouse has been a U.S. citizen for the last three years. C. F] I am applying on the basis of qualifying military service. D.] Other (Explain) Form N-400 (Rev. 04/05/10) Y Department of Homeland Security U.S. Citizenship and Immigration Services N-652, Naturalization Interview Results A#: 099 259 537 On 11/23/2010 . \ou were inters iewed by USCIS officer Aglidjan ID/You passed the tests of English and U.S. history and government. ? You passed the tests of U.S. history and government and the English language requirement was waived. ? USCIS has accepted your request for a Disability Exception. You are exempted from the requirement to demonstrate English language ability and/or a knowledge of U.S. history and government. ? You will be given another opportunity to be tested on your ability to speak/ read/ write English. ? You will be given another opportunity to be tested on your knowledge of U.S. history and government. 111Please follow the intructions on Form N-14. ? USCIS will send you a written decision about your application. ? You did not pass the second and final test of your English ability/ knowledge of U.S. history and government. You will not be rescheduled for another interview for this Form N-400. USCIS will send you a written decision about your application. A) Congratulations! Your application has been recommended for approval. At this time it appears that you have established your eligibility for naturlaization. If final approval is granted, you will be notified when and where to report for the Oath Ceremony. B) ? A decision cannot yet be made about your application. It is very important that you: W Notify USCIS if you change your address rv Come to any scheduled interview. r Submit all requested documents. Send any questions about this application in writing to the officer named above. Include your full name. Alien Registration Number (A#.) and a copy of this paper. P Go to any Oath Ceremony that you are scheduled to attend. rv Notify USCIS as soon as possible in writing if you cannot come to any scheduled interview or Oath Ceremony. Include a copy of this paper and a copy of the scheduling notice. NOTE: Please be advised that under section 336 of the Immigration and Nationality Act, you have the right to request a hearing before an immigration officer if your application is denied, or before the U.S. district court if USCIS had not made a determination on your application within 120 days of the date of your examination. Form N-652 (Rev. 01(14105 )N US. Citizenship s and Immigration o??7ND SEGJ?` Services Direct all responses by mail to the office listed below: U.S. CITIZENSHIP AND IMMIGRATION SERVICES 1600 Callowhill Street Philadelphia PA 19130 Brian Richard Hare Refer to this file: NBC'001153181 220 W Main St Alien Number: A 099 259 537 Mechanicsburg PA 17055 Date: November 23, 2010 Officer: Avedis Aglidjan CONTINUANCE Examination of your N400 application shows that additional information, documents or forms are needed before your application can be acted upon. Please return this letter with the requested information and/or documents by December 23, 2010. Failure to do so may result in the denial of your application. Submission of this information, however, does not guarantee that this case will be approved. We strongly recommend that you submit all the requested information, documents, or forms as listed on the following pages as soon as possible so that we can resume processing. Any interim benefits that may otherwise stem from the filing of this application or petition will be delayed while this case is in suspense awaiting your response. If you choose to submit only some or none of the requested information, then the application will be adjudicated on its merits. You may also request, in writing, to the Service that this application be withdrawn. If the district director consents to the withdrawal, the application will be denied without further notice to you and without prejudice to any future application. The withdrawal will constitute a waiver of any review pursuant to Section 336 of the Title 8 Code of Federal Regulations. If the district director does not consent to the withdrawal, then the application shall be adjudicated on its merits. ?I??III?IIIIIII?? ?II?I1 Form N-14 (Rev. 9/16/97) Requested Information, Documents, and/or Fonns Applicant: Brian Richard Hare Application for Naturalization, Form N-400 Alien Number: A099259537 Application 1D: NBC*001 153 181 Section 319 You have applied for naturalization utilizing §319 of the Immigration and Nationality Act. You must be able to show that you were legally eligible to marry you current spouse. Your application indicates that you did not have the legal divorce document until 16 December 2004. You had married your current spouse on 15 December 2004. You advised that your attorney advised that that marriage was not legally binding so therefore, it was dissolved and where remarried on 15 February 2005. Please provide documentation that indicates you marriage to your current spouse on 15 December 2004 was legally dissolved. ati4??F Direct all responses by mail to the office listed below: ?. U.S. Citizenship U.S. CITIZENSHIP AND IMMIGRATION SERVICES and ImmigQration 1600 Callowhill Street o b Philadelphia PA 19130 ND StiGJ? Services Brian Richard Hare Refer to this file: NBC`001153181 220 W Main St Alien Number: A 099 259 537 Mechanicsburg PA 17055 Date: November 23, 2010 Officer: Avedis Aglidjan CONTINUANCE Examination of your N400 application shows that additional information, documents or forms are needed before your application can be acted upon. Please return this letter with the requested information and/or documents by December 23, 2010. Failure to do so may result in the denial of your application. Submission of this information, however, does not guarantee that this case will be approved. We strongly recommend that you submit all the requested information, documents, or forms as listed on the following pages as soon as possible so that we can resume processing. Any interim benefits that may otherwise stem from the filing of this application or petition will be delayed while this case is in suspense awaiting your response. If you choose to submit only some or none of the requested information, then the application will be adjudicated on its merits. You may also request, in writing, to the Service that this application be withdrawn. If the district director consents to the withdrawal, the application will be denied without further notice to you and without prejudice to any future application. The withdrawal will constitute a waiver of any review pursuant to Section 336 of the Title 8 Code of Federal Regulations. If the district director does not consent to the withdrawal, then the application shall be adjudicated on its merits. IIN?I?IININ?I?IIM? ?IH11 Form N-14 (Rev. 9/16/97) Requested Information, Documents, and/or Forms Applicant: Brian Richard Hare Application for Naturalization, Form N-400 Alien Number: A099259537 Application 1D: NBC*001 1 53 1 8 1 Section 319 You have applied for naturalization utilizing §319 of the Immigration and Nationality Act. You must be able to show that you were legally eligible to marry you current spouse. Your application indicates that you did not have the legal divorce document until 16 December 2004. You had married your current spouse on 15 December 2004, You advised that your attorney advised that that marriage was not legally binding so therefore, it was dissolved and where remarried on 15 February 2005. Please provide documentation that indicates you marriage to your current spouse on 15 December 2004 was legally dissolved. f VERIFICATION I, the undersigned, Brian R. Hare, hereby affirm that the facts contained in the foregoing Request for Declaratory Judgment are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. eV4??? Dated: ?2 ZIO . cFe- Brian RAH VERIFICATION I, the undersigned, Theresa A. Ruggieri, hereby affirm that the facts contained in the foregoing Request for Declaratory Judgment are true and correct to the best of my knowledge, information, and belief. This statement is made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. Dated: Theresa A. Ruggieri ,r 3 DEC fir' ?? alt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA, vo tIADV I, otow y . IN RE: Brian R. Hare No. V. /p ), q 71 . ORDER AND DECREE 3* AND NOW this day of 2010, upon consideration of the Request for Declaratory Judgment it is hereby ORDERED AND DECREED THAT the Petitioners' Marriage of December 15, 2004, was void ab initio. B HE COURT Judge ?? y wu, r t ed / a.// 3l/v kkil 1 r w - 5 rn eti --- -vrn ?C7 r.=o `; 'Q zr- Q -j z- 0