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HomeMy WebLinkAbout01-4934NICOLAS PAUL pRENEAU, PLAINTIFF MIA EVELYN PRENEAU, DEFENDANT IN THE COURT OF COI~ION PLEAS CUMBEP/J~ND COUNTY, PENNSYLVANIA NO. 2001 _~/(~Z// CIVIL TERM 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 is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Court Administrator's Office, Fourth floor, Cumberland County Courthouse, Hanover and High Streets, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Lawyer Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 1-800-990-9108 NICOLA~ PAUL PRENEAU, PLAINTIFF MIA EVELYN PRENEAU, DEFENDANT IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVi~NIA No. 200 ciwn IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE IN DIVORCE B West Locust Street, Pennsylvania 17055. 2. Lancaster Blvd, Apartment 11, Pennsylvania 17055. The Plaintiff is Nicolas Paul Preneau who resides at 234- Mechanicsburg, Cumberland County, 3. The Plaintiff and Defendant have been of the Commonwealth of Pennsylvania for at least immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married 1999 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. The Defendant is not a member of the Armed the United States or any of its Allies. bonafide residents six months on April 24, or annulment Services of The Defendant is Mia Evelyn Preneau who resides at 1074 Mechanicsburg, Cumberland County, 8. The Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request that the Court require the parties to participate in counseling. 9. Plaintiff requests the court to enter a decree of divorce. Thomas D. Gould Attorney for Plaintiff I.D. # 36508 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 VERIFICATION 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. 4904, relating to unsworn falsification to authorities. Nico~s Paul Preneau o' z~T 0 NICOLAS PAUL PRENEAU, PLAINTIFF V. MIA EVELYN PRENEAU, DEFENDANT IN THE COURT OF CO~ON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4934 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVIC~ I, Thomas D. Gould, attorney for Plaintiff, in the above captioned action for divorce, hereby certify that a conformed and certified copy of the Complaint in Divorce was served upon the Defendant by sending her a copy on August 22, 2001. As indicated by the signed Acceptance of Service attached hereto, the Complaint was received by the Defendant in late August 2001 and she waited until January 14, 2002 to sign and return the Acceptance of Service form. Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA (717 731-1461 17011 NICOLAS PAUL PRENEAU V. NIA EVELYN PRENEAU : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2001-4934 CIVIL TERM : : CIVIL ACTION - DIVORCE ORDER OF COURT AND NOW, this 24TM day of JANUARY, 2002, it appearing to the Court that the defendant's affidavit of consent is not substantially in the form required by Pa. Rule of Civil Procedure 1920.72(b), the request for the entry of a divorce decree is DENIED, without prejudice. Edward E. Guido, J. ~eaSp 1D~inGt~uffld' Esquire ~/.~~. ~ ~ :sld ~' Mia E. Pr~neau 15 Drexel Place New Cumberland, PA 17070 (717) 774-6598 miasemuta@blazenet.net 3anuary 14, 2002 Thomas D. Gould 2 East Main Street Shiremanstown, PA 17011 Dear Mr. Gould: Enclosed you will find the papers you have requested. ! am writing to explain my refusal to sign the affidavit as written. My marriage is not irretrievably broken, my husband simply chooses to no longer be married to me. ! have agreed to a divorce because a marriage is not sustainable without the commitment of both spouses. ! informed my husband that ! would not sign my name to that phrase when he presented me with the original papers in late August, not long after ! informed him of the impending birth of our child. ! am seeking no child or spousal support. ! would like to have my maiden name, (Semuta), restored and to have the affidavit amended to remove the offensive phrase. ! am agreeable to a quick, quiet procccding.! seek neither to "drag" this out nor to gain financially at Nicolas' expense. ! would simply like to maintain my dignity and integrity. ! can not, in good conscious, sign my name to a document that contains a phrase that ! do not believe to be true. ! would like to have this procccding finalized as soon as possible so that I may legally change my name on my educator's certificate and take care of other matters. Please contact me if you require any other information. Sincerely, Mia E. Pr~neau NICOLAS P~UL PRENEAU, ' PLAINTIFF V. MIA EVELYN PRENEAU, DEFENDANT IN THE COURT OF COMMON P~.~-~S CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4934 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 22, 2001. 2. ~ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. MIA EVELYN PRENEAU NICOLAS PAUL P~ENEAU, PLAINTIFF V. MIA EVELYN PRENEAU, DE~'~-RDANT IN THE COURT OF CO~N P?.~S CUMBERLAND COU~T~, PENNSXLVANIA NO. 2001-4934 CIVIL TEP/~ IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE SECTION 3301[c} OF THE DIVORCE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: ~ICOL~S P~UL PI~NF~U, PL~II~IFF V. ~I~EVELYN PI~-.,I~U, IN THE COURT OF COI~ON PT.~S CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4934 CIVIL ~'~I~M IN DIVORCE AFFIDAVIT OF CONSENT DATED: 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 22, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. NICOLAS PAUL PRENEAU NICOLAS PAUL PRENEAU, PLAINTIFF V. MIA EVELYN PRENEAU, DEFENDANT IN THE COURT OF CO~ON pT.m~S CUMBERLAND COUNTY, PENNSYLVANIA NO. 2001-4934 CIVIL TEBM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUE~T ENTRY OF A DIVORCE DECREE UNDER SECTION 3301¢C) OF THE DIVORCE COD~ 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: //_ NIC~' NICOLAS PAUL PRENEAU, PLAINTIFF V. MIA EVELYN PRENEAU, D~-~'m~DANT IN THE COURT OF CO~N CUMBERLAND COUBT~, PENNSYLVANIA NO. 2001-4934 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on August 22, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: MIA EVELYN PRENEAU NICOLAS PAUL PREI~F~%U, PLAINTIFF Vo MIA EVELYN PRENEAU, DE~'~DANT IN THE COURT OF CO~ON PT-~S CUMBEBLANDCOU~T~, PENNSYLVANIA NO. 2001-4934 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: In August 2001, Acceptance of Service signed January 14, 2002. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: 2001; By Defendant, February 4, 2002. 4. Related claims pending: 5. By Plaintiff, December 27, NQne Date Plaintiff's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on January 22, 2002. Date Defendant's Waiver of Notice in ~ 3301(c) divorce was filed with the Prothonotary on January 22, 2002. Thomas D. Gould, Esquire Attorney For Plaintiff IN The COURT Of COMMON OFCUMBERLANDCOUNTY STATE OF ~ PENNA. N~COLAS PAUL PRENEAU, NO. 2001-4934 Plaintiff VERSUS MIA EVELYN PRENEAU, Defendant PLEAS Decree IN DIVORCE AN D NOW, DECREED THat NICOLAS PAUL PRENEAU AND MIA EVELYN PRENEAU 2002 , IT IS ORDERED AND , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETaiNS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD iN THIS ACTION For WHICH A FINAL ORDER HAS NOT Yet been ENTERED; NONE ATTEST: PROTHONOTARY a-hi. £.