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HomeMy WebLinkAbout04-6037/11 Ij?.{ _? '] form { ?? ?1 D I a (IN THE COURT OF COMMON PLEAS OF PLAINTIFF, ( C (4M ? I ,r ICY40UNTY, PENNSYLVANIA V. (CIVIL DIVISION (NO: no FOU4 DEFENDANT. NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIM 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 CHILD(REN). WHEN THE GROUND FOR THE DIVORCE ARE 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 AT , PENNSYLVANIA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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. LAWYERS REFERRAL SERVICE C: LAM be)r I an d c o LA 6AV 6 sscc,i (?,Aion 3 a S? d?rd ,elisite.o 13 Telephone: 17? a (p? For Petitioner Address: C7 C? (4 a Telephone: 1 - ?-f a 3-tvE5a 3 157 form 4 Bfa da A f6d),f)67 PLAINTIFF, (IN THE COURT OF COMMON PLEAS OF (C U MWrVA}d COUNTY, PENNSYLVANIA V. l (CIVIL DIVISION M6ioa (NO: N© F70LAkk 171 Vo?-(-_C DEFENDANT. COMPLAINT IN DIVORCE AND NOW COMES, the Petitioner?) c e ndka A, Mri v 11 Cj , by FILING PRO SE, who files this Complaint in Divorce a statement of which is as follow: 1. The Petitioner is 'Q)we d a P OA- 0l ? n ? an adult individual currently residing at ? Z? 5 YYZL a,g I -VA-- I 1 d?-i O 2. The efendant is Y V-0 i , an adult individua?cyently residing at e U?(Yl ?Pr I 6A A COwq -h1 1 ?c,Df1? C r r1j'&Le TJX 3. The Petitioner has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months previous to the filing of this Complaint. 4. Th etitioner and Respondent were married on date: ? A nufovv ? 3 '.boy in the State of KnU(klI 61 5. There (is) are child(ren) born of this marriage. Name(s) Birthdate(s): 6. Neither party is a member of any branch of military. 7. The marriage is irretrievably broken. 8. The Petitioner, f? 1 Inin 1 CA\?l C! , respectfully requests this Honorable Court to a grant this Divorce pursuant to Section 3301 (c), or in the alternative, Section 3301 (d) of the Divorce Code. Re ctfull submitted ?2r Name:) 1?PJV L-k a Iri 1 ? I}?C?I I ,?l Q Full Address: / ? / el o ?1//! !? 1 M??bW, P14 > Telephone.(71 `t ?J-P?,° 3 I verify that the statements made in the Complaint are true and correct. I understand that false statements made herein are subject to penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification to authorities. Dated: ?P? ?? .?C,? l,(" ~ •%?v( t? 158 BreAda ? _M611n0 PLAINTIFF, V. DEFENDANT. (IN THE COURT OF COMMON PLEAS OF form S ( COUNTY, PENNSYLVANIA ( (CIVIL DIVISION ( (NO: Fc4 AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA ) ss: COUNTY OF: m be v- 1 co d ) Before me, the subscriber, a Notary Public in and for said Commonwealth and County, personally appeared ?R-co d 0, A I„ n IM D 1/4 6- , who being duly sworn according to law, deposes and says that the facts contained within the foregoing Complaint in Divorce are true and correct to the best of his/her knowledge, information, and belief, and that he/she is authorized to make this Affidavit. Name Sworn to and subscribed before me this 2 h day of 6e- 0 e ?n'D e -r- 200 L1 . ?©aL? S . ?mcf?i NOTARY PUBLIC NOTARIAL SEAL JODY S. SMITH, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 159 1 I \? V T? d N c-a C"3 F N CD C? t Tl r;_ -j C7) aL4^Vi 3? aAda-6, Y111 Ira PLAINTIFF, form 16 (IN THE COURT OF COMMON PLEAS OF (Cu COUNTY PENNSYLVANIA V. DEFENDANT. (CIVIL DIVISION ( (NO: fOL4 It AFFIDAVIT OF CONSENT ?ivdre?- 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on (date:) 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and 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. WAIVER OF NOTICE OF INTENTION TO RP OU ST ENTRY OF A DIVORCE DECREE UNDIM SECTION 3301. (c) OF THE DIVORCE CODE 1. I 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. 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 here- in are made subject to the penalties of 18 Pa C.S. Section 4904 relating to unworn falsification to authorities. Date: 12 J2*0 /04 Plaintiff' 175 RGr ? ?? 6 t I L . Ce• 71 ? i SHERIFF'S RETURN - REGULAR CASE NO: 2004-06037 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOLINA BRENDA A VS MOLINA YERKO A CPL. MICHAEL BARRICK Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - DIVORCE ------------------ --------------------------------------- MOLINA YERKO A was served upon the DEFENDANT , at 1025:00 HOURS, on the 6th day of December-, 2004 at SCI CAMP HILL 2502 LISBURN ROAD CAMP HILL, PA 17011 YERKO A MOLINA by handing to a true and attested copy of COMPLAINT - DIVORCE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 10.36 Affidavit .00 Surcharge 10.00 .00 38.36 Sworn and Subscribed to before me this J6 day of t?uut?., x?rtD?S? A.D. So Answers: R. Thomas Kline 12/07/2004 BRENDA MOLINA B ' Y: Deputy 0ahriff rtthoriotary STACY B. WOLF, ESQUIRE ATTORNEY In NO. BV32 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF BRENDA A. MOLINA, Plaintiff V. YERKO A. MOLINA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6037 CIVIL TERM IN DIVORCE NOTICE 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. 1. The parties to this action separated on or about December 18, 2003 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievablybroken. 3. I understated 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 m this affidavit are true and correct I understand that false statements herein are made subject to the penalties of 18 Pa.CS. Section 4904 relating to unswom falsification to authorities. July 1g . 2006 Brenda A. Molina ?. N cz? f:- C.. STACY B. WOLF, ESQUIRE ATTORNEY TO NO. $8732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF BRENDA A. MOLINA, Plaintiff V. YERKO A. MOLINA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW : NO. 04-6037 CIVIL TERM : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF § 3301(D) DIVORCE DECREE TO: YERKO A. MOLINA Plaintiff, Brenda A. Molina, intends to file with the Court the attached Praecipe to Transmit Record on or after September 11, 2006 requesting that a final decree in divorce be entered. Stacy B. Wo Attorney for Plaintiff You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the $ 3301(d) affidavit. Therefore, on or after September 11, 2006, 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. 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. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 C v O -n vu m n m rn N _D D C' W cIt ? STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BRENDA A. MOLINA, Plaintiff V. YERKO A. MOLINA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6037 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under Section 33010(1) of the Divorce Code. 2. Date and manner of service of the complaint: On or about December 6, 2004, defendant was served with a copy of the divorce complaint via sheriff service. 3. Complete either paragraph (a) or (b): (a) Date of execution of consent required by Section 3301(c) of the Divorce Code: N/A (b) (1) Date of execution of the affidavit required by Section 3301(d) of the Divorce Code: July 18, 2006. (b)(2) Date of filing and service of the plaintiff's affidavit upon the defendant: filed and served on or about July 18, 2006. 4. Related claims pending: None 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: On or about August 22, 2006 by fast class mail. (b) Date plaintiff's Waiver of Notice in Section 3301(c) divorce was filed with the Prothonotary: N/A Date defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary. N/A September 2006 STACY B. W IF Attorney for Plaintiff !?' < ?'" _: ??" ,^ 4.1 ^ ,? Y.-Y' _.. ?- ?? ..,. .---- .. 4`' BRENDA A. MOLINA, Plaintiff V. YERKO A. MOLINA, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-6037 CIVIL TERM IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE Check either (a) or (b): (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check @, (ii) or (both): (i) The parties to this action have not lived separate and apart for a period of at least two years. (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyers fees or expenses if I do not claim them before a divorce is granted. (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. 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. Section 4904 relating to unworn falsification to authorities. , 2006 YERKO A. MOLINA NOTICE: If you do not wish to oppose the entry of a divorce decree and you to not wish to make a claim for economic relief, you should not file this counter-affidavit. STACY B. WOLF, ESQUIRE ATTORNEY ID NO. 88732 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF BRENDA A. MOLINA, Plaintiff V. YERKO A. MOLINA, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 04-6037 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Stacy B. Wolf, Esquire, attorney for Plaintiff, do hereby certify that on August 22, 2006, I caused to be mailed a copy of the foregoing Counter-Affidavit Under Section 3301(d) upon the following person, by United States Mail, addressed as follows: Yerko A. Molina GA2675 c/o SCI Somerset 1590 Walters Mill Road Somerset, PA 15510-0001 Respectfully submitted, WOLF & WOLF Date: October 3 '2006 By: Stacy B. Wo , Esquire 10 West High Street Carlisle, PA 17013 (717) 241-4436 Supreme Court I.D. No. 88732 Attorney for Plaintiff C CD -n rr-; _t7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Brenda A. Molina NO. 2004 6037 VERSUS Yerko A. Molina DECREE IN DIVORCE AND NOW, Brenda A. Molina DECREED THAT Yerko A. Molina AND ARE DIVORCED FROM THE BONDS OF MATRIMONY. cq IT IS ORDERED AND , PLAINTIFF, DEFENDANT, 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 PROTHONOTARY 19(f -al Or. al IN THE COURT OFD COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA (A Plaintiff j Vs File No. a oo (Q 0 ? -) IN DIVORCE CA, 11 Defendant Notice is hereby given tl?at t e Plaintiff defendant in the above matter, [select one by marking "x' prior to tie entry of a Final Decree in Divorce, or after the hereby elects to resume the written notice avowing his DatejLA k-l ;ntry of a Final Decree in Divorce dated OGhbn'- d3,3p)(0 jrior surname of ffl.Qloys , and gives this her intention pursuant to the provisions of 54 P.S. p704.. Sign*(tii e PPbL- .2,(, tla/ 76, a Signature of nam emg res COMMONWEALTH OF COUNTY OF On the //,day of _ notary public, personally, name is subscribed to the foregoing for the purpose VANIA ) 2005', before me, the Prothonotary or the the above affiant known to me to be the person whose document and acknowledged that he / she executed the in contained. In Witness Whereof, I h e hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL rothonotary or Notary Public PROTIMOTARY, NOTARY.... PUB CARLISLE CUMBERLAND COUNTY Co OUSE MY COMMISSION EXPIRES JANUARY . 2010 G rt?rr `J V -J a m L- 5?