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HomeMy WebLinkAbout05-1363 Jeimy A. Fernandez, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 05 - 1.3/;3 CIVIL TERM IN DIVORCE . Pedro M. Fernandez, NOTICE TO DEFEND 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Court House, High and Hanover Streets, Carlisle, P A. 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Phone: (717) 249-3166 or (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jeimy A. Fernandez, v. Defendant CIVIL ACTION - LAW NO. OS, 1:3 (,3 CIVIL TERM IN DIVORCE Pedro M. Fernandez, COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Jeimy A. Fernandez, an adult individual, who currently resides at S8 N. Orange Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Pedro M. Fernandez, an adult individual, who resides at 4 Spartan Avenue, Lakewood, Ocean County, New Jersey, 08701. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to filing of this Complaint; Defendant was a bona fide resident in the Commonwealth for at least six months until his departure to New Jersey in October of2004. 4. Plaintiff and Defendant were married on October 11, 2002 in Lakewood, Ocean County, New Jersey. S. There have been no prior actions of divorce or tor annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available, and that either party may have the right to request that the Court require the parties to participate in counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: 3- \ ~~ ffi Respectfully submitted. ROMINGER, BAYLEY & WHARE ~ 155 S. Hanover Street Carlisle, P A 17013 (717) 241,6070 Supreme Court LD. # 87663 Attorney for Plaintiff Jeimy A. Fernandez, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. Defendant CIVIL ACTION - LAW NO. 05 - CIVIL TERM IN DIVORCE Pedro M. Fernandez, VERIFICA nON 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 unsworn falsification to authorities. Date: 03114 \D5 leI Fernandez, Plaintiff ',:) C"; ','J r': ,,' ::I:~ ~ ~:; ~ ~~ -= <-<J .c, ~it 'If- , 0-.-0 c..J -6 ~ -&. ~, JEIMY FERNANDEZ, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 05 - 1363 IN CUSTODY CIVIL PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following infonnation, to the Court for entry of a divorce decree: I. Grounds for divorce: irretrievable breakdown under ~ 3301 (c) of the Divorce Code. 2. Date and manner of service of the Complaint: June 6, 2003 was served on Defendant by First Class Mail, Certified, and Return Receipt Requested and signed for on March 23, 2003. 3. Date of execution of the affidavit of consent required by ~ 3301(c) or The Divorce Code: by the Plaintiff September 9, 2005; by the Defendant August 27, 2005. 4. Related claims pending: None 5. (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: on September 8, 2005; Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: on September 8,2005; a copy of which is attached. Date: 4-~-os- ~ Mark F. Bayley, Esquire 155 S. Hanover Street Carlisle, PA 17013 717) 241-6070 Supreme Court l.D. # 87663 Attorney for Plaintiff ...., z.; c.n U) ;'";"1 -u 1 C0 () ., :.-1 J.-p n1 r:~:' &' t.n 0:> JEIMY FERNANDEZ, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF CUMBERLANI) COUNTY, PENNSYL VANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 05 - ]1363 IN CUSTODY CIVIL CERTIFICATE OF SERVICE OF DIVORCE COMPLAINT · Complete Items 1, 2. and 3. Also complete -.m 4 n Restricted Delivery Is desired. · Print your name and address on the reverse 80 thai we can return the card to you. · AllBch this card to the beck of the mallplece. CO' on the front I! spece permits. 1. _Ad_to: It. Is delivery lld<!n... d_ from Item 1 .;~.' \ If YES, enter dolivery acldress below: p~ ~al1dL1r 1~-i:vYLt2uv. wJd-UJ Dad.- /) r tJ r 701 3. Selvjpo Type 1Il"CertJ1ied MoJI 0 EJspI-. Mall o Registered [J1!ietum R_pt for Merc:_ o Insu,,", Mall 0 C.O.D. G ') 4. R_Clod Delivery? (EJdJa Fee) rY'v.s 2,__ mw-__..., .. PS Form 3811, ~2004 7004 1350 0003 7142 5567 Oor'nMdc.Aeturn AeoeIpt 1Q2M&.0241540 o ~ ""VtT1 ~n.~ ~;.: t. I:!.~ ';':. ~~-'--' -:;..r) ~C) 'j>C 2: :::t G.~ ('0"' ,. .~ C:_. JEIMY FERNANDEZ, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. PEDRO FERNANDEZ. DEFENDANT CIVIL ACTION - LAW NO. 05 - 1363 IN CUSTODY CIVIL AFFIDAVIT OF CONSENI I. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on March 16,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. Oq! CO 105 Date Je $~ "-' C::::l 0 <."~ ,., 'c U' (f) :::;J rq ',-' , CO . -' ) .. ( :,c)A , .. ':? ",..-. :iJ -' U'l -' CX) -< JEIMY FERNANDEZ, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 05, 1363 IN CUSTODY CIVIL WAIVER OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECRE.I!: UNDER ~ 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! 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 THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. g4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. 'Z7/e-,c,<[ /V~ Date./ / ~v___7// ~ Pedro Fllmandez '-- .---...... C--' C7:l ::::;; r,n r" d o --1'1 :r.." ':11~ -:..:;~(::>' , C') w >::; ('~\ /,)r;'1 ;::\ O~ :1J .< tf1 0:> JEIMY FERNANDEZ, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA v. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 05- 1363 IN CUSTODY CIVIL AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on March 16,2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. ;).. )/c"", '7/0S- Date We. )~7) .~ Pedro Fernandez 0 ", 0 = ~.~ {.~;;:) 01 en ,-, '-'- (/) -r ,'j Hi -;1 ,~ E: -n \ .-{_l l.....-' CO ~.:; .--, --,.- ,. -. - ~~ ,.. C..) >~ (J'1 ~ 0:> JEIMY FERNANDEZ, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vi. PEDRO FERNANDEZ, DEFENDANT CIVIL ACTION - LAW NO. 05.. 1363 IN CUSTODY CIVIL WAIVER OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final Decree of Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a Divorce Decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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 F ALSIFlCA TION TO AUTHORITIES. OCJ 100101) Date ):;-, ti ~:- ".-! ~, <= c::> c.n <..0 t-n C' 'Tl ,-, '''l~ reil -;;,' , CO c') (-"'1 ex> " , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , , . , . . . , . . . , . . . . . . . , . . . . . . . . , . . . , . . . . , , , , , , . , , , , , , , , , , , . , , , , . . , , . . + + + , + + '+=:+Cf'f. ~~ 'f.~~'f.'f.~~'f.'f.+++++++++++++++++++++++++~ , + . , , , + . . , , , + + . + . , , + , , + . , + . , + . , , . , . . + , + + + , . , + + . + + + . + . + , , + , , , + + . , . + , , + , + + . + + , , + . . + + + + . , + + . + + + + , + + + + + + + + + ++++++++++ ++++++++ +++ ++++ ++++++++++++++.+ +:f.;+:+ , .. , .. , 'f.:t:'f.;f. ++++++++++++++++ IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY . STATE OF PENNA. Jeimy A. Fernandez Plaintiff No. 1363 2005 VERSUS Fernandez Pedro M. Defendant DECREE IN DIVORCE AND NOW, A~Y~ /3 ZOOr', IT IS ORDERED AND DECREED THAT Jeimy A. Fernandez , PLAINTIFF, AND Pedro M. Ferandez , 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 ,~ . '. ..; , '" -'- , , -"-. . 0.......- " , . / "'. , ", '.- . - .... "" ''''/.. .-~,_. / ........ ....:: "- . -./:- ,.'~"'':' ..~" ..........;...-.: ..':' v ~~~P'O'HONO'A': , .. . .. , .. . :f.+'l'++++++'f.+++'f. '~;2 ~ '}PH, 5'03/-; ~ P? ~~-4~/.pp 5c?5/;6 . - .. . .....,.. t... ..