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HomeMy WebLinkAbout05-0686 MARTAZAPIOLA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No, 05~ 0Y' Civil Term ANTHONY CA V ACIUTI, Defendant : ACTION 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. Where 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 at the Office ofthe Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM 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. Cumberland County Bar Association 32 South Bedford St. Carlisle, Pa. 17013 (717) 249-3166 Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARTA ZAPIOLA, vs. No. Civil Term ANTHONY CA V ACIUTl, Defendant ACTION IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Marta Zapiola, a competent adult individual, who has resided at 422 N. 21st St., Camp Hill, Cumberland County, Pennsylvania, 17011 since 1990. 2. Defendant is Anthony Cavaciuti, whose last known address was in West Hampton, Long Island, New York. 3. Plaintiff has been a bona fide resident ofthe Commonwealth for at least 6 months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married in 1972 in West Hampton, Long Island, New York. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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; however, Plaintiff waives the right to counseling. 7. Plaintiff and Defendant no children together. 8. Defendant is a citizen ofthe United States of America, 9. Neither Plaintiff or Defendant are a member ofthe Armed Forces of the United States of any of its allies. Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARTA ZAPIOLA, vs. No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant ACTION IN DIVORCE MOTION FOR SERVICE BY ADVERTISEMENT AND NOW COMES, Marta Zapiola, Plaintiff, by and through her attorney, Jane Adams, Esquire, and hereby avers the following in support of her Motion: I, Plaintiff is Marta Zapiola, (hereinafter referred to as "Plaintiff') who currently lives at 422 N. 21" St., Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Plaintiff was married to Anthony Cavaciuti (hereinafter referred to as "Defendant") in 1972. 3. Plaintiff has not seen or been in contact with Defendant since 1973, when she last saw him in West Hampton, New York, 4. Upon motion of Plaintiff, this Honorable Court permitted service upon Defendant by advertisement. (Please see May 26, 2005 Order of Court, attached as Exhibit A). 5. Plaintiff fulfilled the requirements of this Order by publishing the Notice to Defend on one day for two consecutive weeks in the Harrisburg Patriot News, and the New York Southampton Press. 6. Since publication of the notice, Plaintiff has not received any communication from Defendant. 7. Defendant has not entered his appearance in this matter or contacted counsel for Plaintiff regarding this matter. 8. Plaintiff requests permission to serve the Notice ofIntent to Request Entry of Divorce Decree on Defendant in this matter via advertisement, specifically, by publishing the attached notice, marked as "Exhibit B" on one day in both a newspaper of general circulation in Carlisle, Pennsylvania, and in a newspaper of general circulation in West Hampton, New York. 9. Plaintiff requests the court to enter a final Decree in Divorce upon filing the Praecipe to Transmit Records, and all attending documents, no less than twenty days after publication of the Notice ofIntent to Request Entry of Divorce Decree. WHEREFORE, Plaintiff requests that this Honorable Court to allow her to serve the Notice ofIntent to Request Entry of Divorce via publication and to enter a final Decree in Divorce no less than twenty (20) days after publication. Respectfully submitted, Date: /! fo Ie;- J Adams, Esquire .D No. 79465 South Pitt St. Carlisle, Pa, 17013 (717) 245-8508 ~ MAR 2 :1 2001$ Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MARTA ZAPIOLA, vs. : No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant : ACTION IN DIVORCE ORDER AND NOW this ;;J ~ ~ day of I'll ~, , 2005, it is hereby ORDERED and DECREED that Plaintiff may serve Defendant in the above-captioned matter by advertisement, specifically, by publishing the Notice to Defendl attached to the divorce complaint and listed in as Exhibit B in the attached Motion on one day for two consecutive weeks in both a newspaper of general circulation in Carlisle, Pennsylvania, and in a newspaper of general circulation in West Hampton, New York. J. cc: Jane Adams, Esquire Clr\IBflA Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MARTA ZAPIOLA, vs, : No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant : ACTION IN DIVORCE NOTICE OF INTENT TO REOUEST ENTRY OF mVORCE DECREE TO: Anthonv Cavaciuti 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, in tw(mty days, the Plaintiff can request the Court to enter a final decree in divorc(~. 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 date above, the Court can enter a final decree in Divorce. 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 lose forever the right to ask for economic relief. 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 your 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 St. Carlisle, Pa. 17013 (717) 249-3166 EXftT g rr 8 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. 94904 relating to unswom falsification to authorities. M~~ Marta Zapiola, Plamtiff C) se ",:",. CI S:. :,~ -<. r-> = = <.J1 '- c:: r I -l ~ :r-n P1s; :'36 n :::J--r. ~;\ ::D ,,,.0 f)t1'1 ':':-..... ~ :< -n ::E: ':-? I'V co 10. The Plaintiff avers that the grounds on which this action is based are: That the marriage is irretrievably broken. WHEREFORE, Plaintiff requests the court to enter a decree in divorce, I verify that the statements madc in this Complaint are true and correct. I understand that false statemcnts herein are made subject to the penalties of 18 Pa.C,S. g4904 relating to unsworn falsification to authorities. "n ) ~!~~ acta Zapiola, lamtlff Date: ! - :ll( - C,)- e Adams, squire . No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~' t'~,'l C~,.,l C':.;. ',~..," .,-, ,';"1 cr;; I C':I C) "Ii C] Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MARTAZAPIOLA, vs. : No. o5'-(P'tc:' Civil Term ANTHONY CAVACIUTI, Defendant : ACTION 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. AFFIDAVIT OF SEPARATION 1. The parties to this action separated in 1972 and have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. I understand that I may lose my 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 tIDn (, false statements herein are made subject to the penalties of 18 Pa.C.S. 94904 relatingtouns~4m :~ falsification to authorities. f:..: i : I I (.;'j c.:) C) > Date: 1-;) [I - 0 j'- -n r-:n C:'.'i ,"', ~'f; .-< -T' I 00 C'J CC MARTA ZAPIOLA, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. . ~ : No. 0 .,) ,(., ~ (.. Civil Term ANTHONY CA V ACIUTI, Defendant : ACTION IN DIVORCE PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow, Marta Zapiola to proceed in forma pauperis. I, Jane Adams, Esquire, attorney for the party proceeding in forma pauperis, certiJy that I believe the party is unable to pay the costs and that I am providing free legal services to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. ~ J e Adams, Esquire 'l S. Pitt St. Carlisle, Pa, 17013 (717) 245-8508 Attorney for Plaintiff Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA MARTAZAPIOLA, vs. : No, Civil Term ANTHONY CA V ACIUTI, Defendant : ACTION IN DIVORCE AFFIDAVIT IN SUPPORT OF PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS 1. I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending, or appealing the action or proceeding. 2. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. 3. I represent that the information below relating to my ability to pay the fees and costs is true and correct. (a) Name: Marta Zapiola Address: 422 N. 21st St. Camp Hill. Pa. 17011 (b) Social Security Number: 081-48-2786 If you are presently employed, state Employer: Self-emploved: run a personal care home for elderlv women in my home. Address: 422 N. 21st. St. Camp Hill, Pa. 17011 Salary or wages per month: Approx. $300 - $400 net. Type of work: Personal care provider. If you are presently unemployed, state Date of last employment: Salary or wages per month: Type of work: (c) Other income within the past twelve months: NONE. (d) Other contributions to household support: NONE. (e) Property owned Cash: $100.00 Checking Account: Approx. $200,00 Savings Account: APVrox. $200.00 Certificates of Deposit: None. Real Estate (including home): 422 N. 21st St Camp Hill, Pa. Owe: $155.000.00 Motor vehicle: None. Stocks; bonds: Other: (f) Debts and obligations None, Mortgage: Rent: Loans: MontWy Expenses: $155,000 owed on residence. Pay $1787.94 a month. (g) Persons dependent upon you for support: None, other than personal care clients, 4. 1 understand that 1 have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. 5. 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: (- ~ 0/_ ()!; (;{oJti ~/{{C~<- Marta Zapiola, Plaintiff -"1 r'1 a." I co C) -i'j '---1 ."1- rl"i c~) 0:: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARTA ZAPIOLA, vs. No, 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant : ACTION IN DIVORCE MOTION FOR SERVICE BY ADVERTISEMENT AND NOW COMES, Marta Zapiola, Plaintiff, by and through her attorney, Jane Adams, Esquire, and hereby avers the following in support of her Motion for Advertisement: 1. Plaintiff is Marta Zapiola, (hereinafter referred to as "Plaintiff') who currently lives at 422 N, 21" St., Camp Hill, Cumberland County, Pennsylvania, 17011. 2. Plaintiff was married to Anthony Cavaciuti (hereinafter referred to as "Defendant") in 1972. 3. Plaintiff has not seen or been in contact with Defendant since 1973, when she saw him in West Hampton, New York. 4. Plaintiff does not know Defendant's social security number, date of birth, or current address, 5, Plaintiff has attempted to make a good faith effort to locate the whereabouts of Anthony Cavaciuti given the limited amount of information she possesses about him. (Please see Affidavit of Plaintiff, hereby attached as Exhibit A), 6. It is not possible to locate the whereabouts of Defendant given the limited amount of information Plaintiff has regarding Defendant. 7. Plaintiff s income and resources are limited; counsel has filed a Praecipe to proceed in forma pauperis; Plaintiff would not be able to afford the cost of an extensive investigation by a private investigator or other professional. 8. The parties have no marital assets which would be subject to equitable distribution. .. 9. Plaintiff requests permission to serve Defendant in this matter via advertisement, specifically, by publishing the attached notice, marked as "Exhibit B" on one day for two consecutive weeks in both a newspaper of general circulation in Carlisle, Pennsylvania, and in a newspaper of general circulation in West Hampton, New York. WHEREFORE, Plaintiff requests that this Honorable Court grant her request to serve Defendant via advertisement. Date: ~ " / /- ~" ", ,,< -' 1-. -' ,'. I '-' ") v J Res~ctfully submitted, ~/, I ,. J ( ',{U;2dfL I.. ane Adams, Esquire J.D. No. 79465 64 South Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA MARTA ZAPIOLA, vs. No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant ACTION IN DIVORCE AFFIDAVIT Affiant, Marta ZapioJa, hereby deposes and avers the following pursuant to the above-captioned matter: 1. My name is Marta Zapiola, and I have lived at 422 N. 21" St., Camp Hill, Cumberland County, Pennsylvania, 17011 since 1990. 2, During the summer of 1972, I married Anthony Cavaciuti in West Hampton, Long Island. 3, The last time I saw Anthony Cavaciuti was in 1973. 4. I have moved several times since my marriage. 5. I have searched my personal effects and papers for information regarding Anthony Cavaciuti; however, I was not able to find any information regarding him, such as his date of birth, social security number, or any prior addresses. 6, Recently I wrote several friends who live in the West Hampton, Long Island area to inquire as to the whereabouts of Anthony Cavaciuti and they had no knowledge regarding his current whereabouts. 7. I currently do not know the whereabouts of Anthony Cavaciuti, and I have done everything in my power to locate him given the very limited information I have as to his personal information, '7ft. D Sworn and subscribed before me this Dayof ?J1CL^<~) i ','-- /7 1 llt(,at~{ 't([l.~ '(Lie Marta Zapiola, Affi t 2005, ( "- --'-----,.......-: COM /' " n NWEALTH OF PENNSYLVANIA J Notarial Seaf CarJi;ke ~~am~ ~~ Public My C ,.' umuclland County OInmJssJon Expires Sept. 6, 2008 '------ SYJhSIT A- MARTA ZAPIOLA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant : ACTION 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. Where 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 at the Office of the Prothonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 St. Carlisle, Pa. 17013 (717) 249-3166 e X {( l~ n 15 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. S4904 relating to unsworn falsification to authorities. J! ,'I /--; !1I/J/1S~ {f7J}dL . ./ f ' Marta Zapiola, Pfaintiff MARTAZAPIOLA, , : IN THE COURT OF COMMON PLEAS i : CUMBERLAND COUNTY, PENNSYL V A~IA I I \ i \ I I \ Plaintiff vs. No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant ACTION IN DIVORCE ORDER AND NOW this ;) (, f>-\ day of /'Il~ , 2005, it is here y .~ MAR 2 3 2001$ ORDERED and DECREED that Plaintiff may serve Defendant in the above-captione matter by advertisement, specifically, by publishing the Notice to Defend attached to the divorc complaint and listed in as Exhibit B in the attached Motion on one day for two consecutive wee~s in both a newspaper of general circulation in Carlisle, Pennsylvania, and in a newspaper of gen1ral circulation in West Hampton, New York. I \ I I I \ \ I /~.) L~/ 1. cc: Jane Adams, Esquire ,,~ ~~U ?5 (j :0 :6 8'} \!\:iI,1 enoZ ..... 0.' ~~ ..uu !\b'ilO>vGHiCdd 3Hi :181:J~C'~-C311:1 ...l:; ~.... --- _.. ~ MARTA ZAPIOLA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05 - 686 Civil Term ANTHONY CA V ACruTI, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this June 1,2005, I, Jane Adams, Esquire, hereby certifY that I arranged for a true copy of the NOTICE TO DEFEND in the above-captioned matter to be published, on April 28, 2005, and May 5, 2005, in the Southampton Press, which is a newspaper of general circulation in West Hampton, New York; a copy of the advertisement and the Proof of Publication are attached to this Affidavit. J e dams, Esquire .D. o. 79465 uth Pitt Street Car isle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ~ State of New York County of Suffolk IN THE COURT OF COM- MON PLEA$ . CUM.BE~D COUNTY, PEN)IlSYWANIA NQ..ll!F6lllICMl Term AGl1OJ:ollNDNORCE MARl'AZAPlOlA, Plaintiff VB. ANTHONY CAVAcnm, Defendant NOTICBTO DEFEND AND CI AIM RIGHfS 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 Plain- tiff, You may lose money or property or other riRhts important to .you, incluiling custody or visitation of your children. Where the gmund for the divorce is indignities or irre- trievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is avail- able at the OIlice of the Pro- thonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A CLAIM FORAIlMONY, DM- SION OF PROPERTY, lAWYER'S FEES AND EXPENSES BEFORE A DNORCE OR ANNUlMENT IS GRANTED, YOU MAYIDSE THE RIGHT TO CLAIM THEM. YOU SHOUlD TAKE THIS PAPER TO YOUR lAWYER /IT ONCE, IF YOU DO NOT HAVE A lAWYER OR CAN- NOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORI'H BEIDW TO FIND OUT WHERE YOU CAN GEf LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. CarlIsle, Fa. 17013 (717) 249-3166 EW-6008U0428 Jason Cole being duly sworn, says he is the ADMINISTRATIVE ASSISTANT of the SOUTHAMPTON PRESS, a newspaper published weekly in the Village of Southampton, Town of Southampton, county and state aforesaid, and that a notice, of which the annexed printed slip is a copy, was published in said newspaper once a week for...., .1........ .consecutive weeks, commencing on the ., .28th..... day of .. .ADri1 2005... ~(fl Sworn to before me this.. .28th,. . day of .. .Apri1 2005... "~N~'P~~""""" NEIL M. SALVAGGIO Notary Public, Slale 01 New York No. 01SA6082874, Suffolk County Commission Ex.pires November 4, 20e (J) f.w - ~o:>'lf\\ . r - IN THB COll1tr OF coA;: MON !'fJl,iS ?,,If!:!.BB.l!LAND COlJN'rY. P~VjySlt~ANlA , No. 05.fi{l6Ci11i[ Thrm ~~N1NDlVORCE "~"'U\ZAPIOLA, Plaintiff ' lIS. AN'rItoNY CAVACIUn, ~dant YO~in CO'!"t. If you Wish to defend ilIJainst the claims set forth in the fOllOWing pages, you must take prompt action. You are Walne(j that if YOu fail to do s~, the case may proceed WithOUt YOu and a cfecn,e of diVOrce Or llllnuhnent may be entered a/f<linst YOu by the Court. A jUdgment ll1ay also be entereel against YOu fOr any ~ther claIn, Or relief requested 1ll tiJese PflP~rs by the Plain. tUr.. W\l 'll,io/ lose IlJtJhf!tt'r,: property. ~. ,Ptheii'igli/i; unPoItant to you, inclUding 't~~Ody or, Yisi~tion pf YOUr c:.utUl'en. .%ere the ground for the ~VOrce is indknities Or irre. . trieWlble breafd~wn of the marriage, you may !'"9uest mllIt!age COUlJse!Iri. A list of marnage COllllseJOrsls a'Vai[, able at the' Olliee of the Pro. thonotary, Cumberland COunry COUrthoUSe. IF YOlJ DO NOT FILE A CLAIM F01l ALlMONY, DIVI. SION OF PROPERTY. LAWfER'S FEEs ANn EXpENSES BEFORE A g~~~~~ THE RIGIiT TO CLAIM TIiEM. YOlJ SHOlJl,D TAKE TIllS PAPER ro YOlJR LAWrER AT ONCE. IF YOlJ DO NOT IiAVS A LA~ OR CAN. NOT AFFORD ONE, GO ro, OR TBLEPHONB, THE OFFICE SET FoRTIl BELow To FINn OllT ~ YOlJ CAN GET LEGAL IiBLP. Cl1l1Jberland County Bar J\ssOClalJon 32 South Bedford St. ~.Pa.J'WIJ3 1717) 249-3JI6 BW'6008ll0S0s State of New York County of SUffOlk Jason COle being dUly sWorn, sayS he is the AlJMINISTl!A TIPE ASSISTANT of the SOUTHAMPTON PRESS, a neWspaper Published Weekly in the ViIlage of SOUthampton, TOWn of SOUthampton, county and state aforesaid, and that a notice, of Which the anneXed printed slip is a COpy, Was Published in said newspaper once a Week for. , .. ..1 .. .. , .. . . consecutive Weeks , commencing On the.. . 5th.. ". day of ...Ma 2005.., ~-- -~ SWorn to before me this. . .5 th. . . day of ...Ma 2005,.. .J(!..:.. ~.~.rt\J _ ,.......~otary~...,......., NEil M. SALVAGGIO Notary PUblic, State of New YOrk No, 01SA6082874, Suffolk County CommisSion Expires November 4, 2c() <.J --- .-' c:, ~, c." c-: (..''77, c' " ...'~- , r--> (. -<c" --; ".":' c:> c:> ~'u, / bOa ir/~ , ~Ol - -- . . .., MARTA ZAPIOLA, : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff vs. No. 05 - 686 Civil Term , ANTHONY CA V ACIUTI, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this June 1,2005, I, Jane Adams, Esquire, hereby certifY that I arranged for a true copy of the NOTICE TO DEFEND in the above-captioned matter to be published, on May 5th, 2005, and May 12,2005, in the Sunday Patriot News, which is a newspaper of general circulation in Cumberland County, Pennsylvania; a copy of the advertisement and the Proof of Publication are attached to this Affidavit. e Adams, Esquire J.D. o. 79465 4 outh Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF ", ,., --- " . . THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a cOrporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the 5th and 12th day(s) of May 2005, That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellane ook "Moo, Volume 14, Page 317, PUBLICATION COpy IN TH. COURT OF'COMMoN PLUS CUM'''LAND COUNTY, paNNIYL'IANIA ...;..... CIWI T...... ActiON INDlVOIt4:. MAJlTA..JAJIIIOLA Plaintiff ... ANTHONY CAVAeIUTI .- NOTice TO D....ND AND CLAIMS ' .RIGNU You haw _n IUed In Court. If yOU wish to dIfenct ooa'ntt the datmt lit fc\!rfIl,Jn the follOWIng..... yOU rnu.ttakt........ adkln. Youare~"-'f,WU"tJ.do 10. the cae. rnav'~ WtfttOut YOU'aMo dtcr..Of dJYOteeor annulment may be ..........ntt YOU by tIN; Court. A J~ ii1cw 0110 be emwtdavalnlt YOU _any otbIr clolm or ,..let """"fed In i "'""...... bvthe P1aJntfft. You 1nOV:1o.. mOllrf""""""tvorother"IIIII1I'~ to VOU.lncfudlnG custody or VI....... of . YOUr Chllihn. WMr.tht 8I'OUnd for the dfVorce 'I Ind'CfI'IltItI orlrrtfrtnablt breakdowri Of tIN; mar...... YOU, mcry, ~ matTla.. COuntlflnii, A lI'ht fI'ICIrTItiM tounulora I, OWII,,--. the 0trI~ of,tht JlI...R,llolOtorv, cu;_c.ullly~, . IF. ,tit, DO' NOT ,,:';A 1M FOR ALl ,NY. DIVlllo';1F ~eRTY, LA ,!. FeES AND EXPENSES BSPO E A DIVORCE OR ANNULMeNT IS GRANTED. You MAY, LOM ':THE AJGHt TO-CLAIM THEM. ,"' . YOU IHOuLD TAKE. THIS PAPER TO you. a.AWVSA AT ONCE. 'Jill 'tOU DO I NOT ,HAVE' A LAWYI!R alii CANNOT I APFORDONI!. Go TO~ OR TILepI10NE, I THE -OFFICE! SET FORTH ."LOW ',TO I FIND OUT, WHe-RE 'YOU CAN" GET I LEGAl HELP. I CUmberloncl County Bar Anoc:latlon I ' 32SouttlBldforCtSt. I CarU.,Po. 17013 ' (717) 2of9.31d6 Sworn to and subscribe efore me this 12th day of ~.~.. JANE ADAMS, ESQUIRE 64 SOUTH PIn STREET CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO, For publishing the notice or publication attached hereto on the above stated dates 407.28 Publisher's Receipt for Advertising Cost lisher of The Patriot-News and The Sunday Patriot-News, newspapers of general ledge receipt of the aforesaid notice and publication costs and certifies that the same have By,.....,..................,..,..,................................,.., C) .-' c) (""~,-:J '~ '~.~ en ,1 \:_-" 1',) ,. " -.--" r] -" c'j ~, 0;) - . . . MARTA ZAPIOLA, : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYL VANIA Plaintiff vs. : No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this June 1,2005, I, Jane Adams, Esquire, hereby certifY that I arranged for a true copy of the NOTICE TO DEFEND in the above-captioned matter to be published, on April 28, 2005, and May 5,2005, in the Southampton Press _ Western Edition, which is a newspaper of general circulation in West Hampton, New York; a copy of the advertisement and the Proof of Publication are attached to this Affidavit. an Adams, Esquire LD No, 79465 4 outh Pitt Street Carlisle, Pa, 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF .. . - State of New York County of Suffolk IN THE COURT OF COM- MONPLEAS CUMBERLAND COUNTY; PENNSYLVANIA No. 05-686 Civil Tenn ACTION IN DIVORCE MARTAZAPIOlA, Plaintiff VB. ANTIIONY CAVACIUTI, Defendant NanCE TQ 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 Plain- tiff, You may lose money or property or other riRllls important to you, incluiling custody or viSitation of your children. Where the ground for the divorce is indignities or irre- trievable breakdown of the marriage, you may request marriage counseling. A list of IIIa1Tiatle counselors is avail- able at the OfIIce of the Pro- Jason Cole being duly sworn, says he is the ADMINISTRATIVE ASSISTANT of the SOUTHAMPTON PRESS, WESTERN EDITION, a newspaper published weekly in the Village of Westhampton Beach, Town of Southampton, county and state aforesaid, and that a notice, of which the annexed printed slip is a copy, was published in said newspaper once a week for,..... I .... ..consecutive weeks, cornmencing on the ....28th.. ..day of ...April 2005.... (.~~ thonotary, Cumberland County Courthouse. IF YOU DO NGf FILE A ClAIM FOR ALIMONY, DM- SION OF PROPERTY, LAWYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNUIMENT IS GRANTED, YOU MAYWSE THE RIGHT TO CLAIM THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE,IFYOU DO NGf HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO, OR TELEPHONE, THE OFFICE SET FORl1I BELOWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. CarIIoIe,PL 17013 (717) 249-3166 EW-6008110428 Sworn to before me this... .28th.. . day of .. .April 2005... ,~..M...'...~,....... Notary Public NEIL M, SALVAGGIO Notary Public, State of New York No. 01SA6082874, Suffolk County e (p Commission Expires November 4, 20_ , -~ IN THE COURT OF COM. MONPLE/IS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-686 Civil Tenn ACTION IN DIVORCE MARTAZAPIOLA, State of New York County of Suffolk VS, ANTHONY CAVACIUTI, Defendant NanCF.mD~ ANn CI AIM R!G_ 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 annuhnent 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 Plain- tiff. You may lose money or property or other rights important to you, including custody or visitation of your children. Where the ground for the ~:'~Ieis b~ ".:'f~~ ntarriage, you- may request IIlaniage coUllse1ing. A list of ~ COunselors is avail- able at the 0Illce of the Pro- thonotary, Cumberland County Courthouse. IF YOU DO NOT FILE A ClAIM FOR ALIMONY, DIVI- SION OF PROPERTY. LAwYER'S FEES AND EXPENSES BEFORE A DIVORCE OR ANNUlMENT IS GRANrED, YOU MAYWSE THE RIGHT TO ClAIM 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 FOR'IH BEWWTO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford St. QtrIWe, Pa.17013 (717) --3J86 EW-6008110505 Plaintiff Jason Cole being duly sworn, says he is the ADMINISTRATIVE ASSISTANT of the SOUTHAMPTON PRESS, WESTERN EDITION, a newspaper published weekly in the Village of Westhampton Beach, Town of Southampton, county and state aforesaid, and that a notice, of which the annexed printed slip is a copy, was published in said newspaper once a week ...Mav 2005.... for.... ..1.... ..consecutive weeks, commencing on the ....5th.. "day of y--~ Sworn to before me this... .5th., .day of ...May .~g:P'~b~""'" 2005... NEIL M, SALVAGGIO NOIaIy Public, State of New York No. 01SA6082874, Suffolk Countyll' ^ Commission expires November 4, 20_\V ~, -~ ... r--:'I ,-:---::0 ,.,~ J en C) -'j'! .-j ~i I N N o CU Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA !J MARTA ZAPIOLA, vs. No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant ACTION IN DIVORCE ORDER AND NOW this /3.fA'. day of ~ ' 2005, it is hereby ORDERED and DECREED that Plaintiff shall publish the Notice ofIntent to Request Entry of Final Divorce Decree in the above-captioned matter by advertisement, specifically, by publishing the Notice listed as Exhibit B in the attached Motion on one day in both a newspaper of general circulation in Carlisle, Pennsylvania, and in a newspaper of general circulation in West Hampton, New York, Twenty Days after publication, Plaintiff may file with the Prothontary, a Praecipe to Transmit Record, along with any other attending documents in order that final Decree in Divorce may be entered. ~ J. cc: Jane Adams, Esquire 1 t, 1--1 ~ ~ ;'D )~\ f , {J ~. \'{(i\jV/\1/,SNN3d I "In"'~, ",,', """"n" }\,J,Il<l It,,:'.' :,::', :,' ,.',:-<',!; ~~ V 03:2 Wd 81 lflf SOOl Ab'\llCNOHl.Oi::Jd 31-11 :10 38H:IC>-031!:J MARTA ZAPIOLA, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant : ACTION IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this October 17, 2005, I, Jane Adams, Esquire, hereby certifY that I arranged for a true copy ofthe NOTICE OF INTENT TO REQUEST ENTRY OF DIVORCE DECREE in the above-captioned matter to be published, on August 24, 2005 in The Sentinel, a newspaper of general circulation in Cumberland County, Pennsylvania, and on September 29, 2005 in the Southampton Press Eastern Edition, which is a newspaper of general circulation in Southampton, New York; a copy of the advertisements and the Proof of Publications are attached to this Affidavit. Respectfully Submitted; e Adams, Esquire I.D. No. 79465 64 South Pitt Street Carlisle, Pa. 17013 (717) 245-8508 ATTORNEY FOR PLAINTIFF PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tammy Shoemaker, Classified Ad vertising Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s) Augu5.t 19, 2005 COPY OF NOTICE OF PUBLICATION ~ _.'_~'~,....-.-.,........-.r-'" .~~....,~ MAflT A ZAP lOLA, Plaintiff, IN rHE COURr OF COMMON PLEAS CUMBERLAND COUNIY, PENNSYLVANIA No. 05-686 CMI Tenn ACTION IN DIVORCE va. ANTHONY CAVACIUTI, Defendant ~.Qf..ll!lIE.ffi.m REQUEST.E.lfiBY2f DIVORCE DECREE I2i. Aolbgny Cavaclutl You have been sued In an action for divorce. You have failed to answer the Complaint or file a Counter.Affldavtt to the 3301 (d) affidavit. Therefore, in twenty days, 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 date above, the Court can enter a final decree in Divorce. Unless you have already flied with the Court a written claim for economic relief. you must do 80 by the above date or the Court may grant the divorce and you lose forever the rlghtto ask for economic relief. Unless you have already filed with the court a written claim for economic relief. you must do 80 by the above date or the court may grant the divorce and you wUII08e forever the right to ask for economic relief. The filing of you counter-affidavit afane 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, PA 17013 (717) 249-3166 - Affiant further deposes that he/ she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of ~~~~ Sworn to and subscribed before rne this 24 tll day of August, 2005. Nlju1lirA~ I? u ~ ~ Notary Pu c My commission expiresq /1/08' COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chnstina L, Wafe, Notary Public Ca~isIe Boro. Cumberland County My Commission Expires Sepl1, 2008 Member. Pennsylvania AssocIation Of Notanes MARrA ZAPIOlA, PlaIntiff VB. ANTHONY CAVAClUTI, Defendant IN THE COURT OF COM- MON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 05-686 Civil Term ACTION IN DIVORCE NanCE OF INI'ENTm REOUFST IlNTIIY OF DIVORCE DECREE mAnthml~wduti You have n sued in an action for divorce. You have failed to answer the Com- plaint or file a Counter-Affi- davit to the 3301(dJ affidavit. Therefore, in twenty days, the Plaintiff can request the Court to enter a linal 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 date above, the Court can enter a final decree in Divorce. Unless you have already filed with the Court a written claim for economic relief. you must do so by the above date orthe Court may grant the divorce and you 1O$e forever the right to ask for erotlOlllic 1l!IIef, UnI_ you Ita've already State of New York County of Suffolk Jason Cole being duly sworn, says he is the ADMINISTRATIVE ASSISTANT of the SOUTHAMPTON PRESS, EASTERN EDITION, a newspaper published weekly in the Village of Southampton, Town of Southampton, county and state aforesaid, and that a notice, of which the annexed printed slip is a copy, was published in said newspaper once a week for. , . . . ,I . . . , . . consecutive weeks, comrnencing on the . ..29th..... day of '" September 2005... IIIed with 1be court a written claim iIr llCOnomJc relief, you must do SO by the above date or the court may grant the divorce and you willlO$e for- ever the riRht to ask for eco- nomic reITef. The filing of your counter-affidavit alone does not protect your eco. nomic claims. YOU SHOUlD TAKE TIllS PAPER roYOURIAWYERKf ONCE. IF YOU DO NOT HAVE A lAWYER, OR CAN- NaT AFFORD ONE, GO ro OR TELEPHONE THE OFFICE SEr FORm BELOW ro FIND OUT WHERE YOU CAN GErLEGAL HELP. Qunberland County Bar Association 32 South Bedford St. ~ Pa.170l3 (717) 249-3166 1!-6UlIb70929 ~[~ Sworn to before me this.. .29th.. .day of ,. . September 2005.., Notary Public NEIL M. SALVAGGIO Notary Public, ~ of New YClI1C No. 01SA6082874, Suffolk County Commlsalon expires November 4, 20_ vl(.qCH..T -- f'....} C) \~- (":'\ I..D ...."" C...:J l;';';,.) l:..."l a C--) -; a; .....'~l MARTA ZAPIOLA, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. No. 05 - 686 Civil Term ANTHONY CA V ACIUTI, Defendant ACTION 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 &3301(d) of the Divorce Code. 2. Date and manner of the service of the Complaint: Notice to Defend published pursuant to Court Order on April 28. 2005. May 5. 2005. and May 12.2005. 3. Date of execution of the affidavit required by ~330 1 (d) of the Divorce Code: By Plaintiff: January 24, 2005. Date of filing and service of the plaintiffs affidavit of separation required by ~3301(d) of the Divorce Code on respondent: Filed: February 8, 2005. Served on Defendant: Notice of action published 4/28/05,5/5/05, and 5/12/05. Affidavit of Service filed: 6/1/2005. 4. Related claims pending: No claims raised. 5. Date and manner of service ofthe notice of intention to file praecipe to transmit record, a copy of which was filed of record with the Prothonotary: Notice oflntent to Request Final Decree in Divorce published pursuant to Court Order on August 24.2005. and September 29.2005. Date: I i1\d.l\ \00- ectfully Submitted: CeL-- e Adams, Esquire .D. No. 79465 64 S. Pitt St. Carlisle, Pa. 17013 (717) 245-8508 Attorney for Plaintiff , -;;. "'. "\ , '-' .../------ ~ *~~~ ~~~~~~~~~ ~~~~~~ ~ ~ ~~ ~~~~~**~++~+ +*++++ ~~~ ~~+++++++++++++:++:+:+~ . . : IN THE COURT OF COMMON PLEAS : . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . .. . . . " 4, ~ I ~ . . . . . . OF CUMBERLAND COUNTY STATE OF PENNA. Marta Zapiola, Plaintiff No. 05 - 686 Civil Term No, VERSUS Anthony Cavaciuti, Defendant DECREE IN DIVORCE c.:r f.' 3 to A.M ' , ~, IT IS ORDERED AND AND NOW, o~ dto DECREED THAT Marta Zapiola , PLAINTIFF. Anthony Cavaciuti " DEFEN DANT, . . . . . . AND 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~ . ~ , ~"OTW,"M^"' ~~~~+'+'+:+'+'+:++++~~~ +:t:t+ . .. ,., i::~ 'l' :+ ;\' "".., 't':+:+ +++'t':+*"'~'l'+~+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . + . . . . . . . . . . . . . . . . + + . . . . . . . + . . . . . . . . . . . . J. ~5t:7 ?J t' ' r:?/ 5,/ .t?:"'~> ,):~/ Z /"';p'V0f ~';e:'l< .::-0//,17 %r7 ~ /-p"''';~} /'~P ~ .