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Home My WebLink About05-1797 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO, 05"- 1'797 CluL~~ AMELIA G. PAGTALUNAN, Plaintiff HERMINIO V, PAGTALUNAN, Defendant : CIVIL ACTION - LAW : 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 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 I Courthouse Square, Carlisle, P A 17013. 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 (800)990-9108 or (717)249-3166 vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA :NO. 0S-F'N7 C~LL~~ : CIVIL ACTION - LAW : DIVORCE AMELIAG. PAGTALUNAN, Plaintiff HERMINIO V, PAGTALUNAN, Defendant COUNT I COMPLAINT UNDER SECTION 330l(c) OF THE DIVORCE CODE I. Plaintiff is Amelia G. Pagtalunan, who currently resides in the State of Pennsylvania and has so resided since February 2, 2004, 2. Defendant is Helminio V. Pagtalunan, who currently resides in England and has so resided since December 2001. 3. Herminio V. Pagtalunan's current address is unknovm, however, it is believed he still resides in England. 4. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on May 12, 1999 at Calumpit, Bulacan, Philippines. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. The parties have been separated since December 2, 2003. 9. Plaintiff has been advised that counseling is available and that Plaintiff may have the righl to request that the Court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. COUNT II REQUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN UNDER 330l(d) OF THE DIVORCE CODE 10. Paragraphs 1 through 9 are incorporated herein by reference. 11. The marriage of the parties is irretrievably broken, 12. 1n the event a Divorce by consent is not earlier entered into, after two (2) years have elapsed from the date of separation, Plaintiff intends to file her Affidavit of having lived separate and apart for at least 2 years. 13. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the Court require the parties to participate in such counseling. WHEREFORE, once two (2) years have elapsed from the date of separation and Plaintiff has filed her Affidavit, Plaintiff respectfully requests that the Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. COUNT III REQUEST FOR DIVORCE DUE TO INDIGNITlES UNDER 3301(a)(6) OF THE DIVORCE CODE 14. Paragraphs 1 through 13 are incorporated herein by reference. 15. Defendant has offered such indignities to Plaintiff, the innocent and injured spouse, as to render Plaintiffs condition intolerable and life burdensome. WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. YOFFE & YOFFE, P.C. By Ikrrn, ~ Jiffrey N, Yoffe, E{q. Attorney for Plaintiff 214 Senate Avenue, Suite 203 Camp Hill, PA 17011 (717) 975-1838 Attorney In No. 52933 jyo.fJe@verizon.net AMELIA G. PAGTALUNAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANJA vs. :NO. HERMJNJO PAGTALUNAN, Defendant : CJVJL ACTION - LAW : DIVORCE VERIFICATION I hereby state that I am an adult individual who is authorized to make this verification and that the facts set forth in the foregoing Complaint are true to the best of my knowledge, information, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Dated: :3 -:-""1- 05 ~11JQ\fq G leo/. Amelia G. agtaltlnan -/tl. \-J ~ ~ \ t, c ~ -..) -4:.y- J- ~ )0 6"" if>, (1 ,;,,,, r-< ~ ~ ~ ~ -:ro:'~ ?:: f<'~ '"0 -" '0 ?:J _(j, \ 9<;;'\ <f\ ~. ". -~J ~~) -0 (~--;;'.. 'ff' ::s:. (~ 'I' -;,?" -'~ ~'. !;41'-- (..'- -'. r-::, L?~ ~~: ')7 '~~~ :4 .- .' '-- ?""-l ;Z v' ..p AMELIA G. PAGTALUNAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : NO. 05-1797 CIVIL TERM HERMINIO V. PAGTALUNAN, Defendant : CIVIL ACTION - LAW : DIVORCE AFFlDA VIT OF CONSENT 1. A Complaint in Divorce under g3301(c) of the Divorce Code was filed on April 5, 2005. 2, The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a fmal Decree in Divorce after service of notice of intention to request entry of the decree. I verity 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. g4904 relating to unsworn falsification to authorities. Date: IGJ JU q /7)J&5 Sv:J"~ ~ kQ / f G~--.. r:J. (q~~ dl (-r'b ?i2{)6t1') llL1\)O'[ - S.OllCi(OR- Of \ &V-1 ~ r fiJC CA-U0 (L 0JotU€- 'S) ~&rr;Oo) BROADBRIDGE GRIMES 110 MORDEN ROAD SOUTH WIMBLEDON LONDON SW19 3BP Tet: 020 8545 1480 Fax: 020 8545 1499 .--> = = '-'" Cl <' -\ , r () "f1 ...... :L-,; en? :t;,l~i ':~:~~ ~;/, --") ::Ll .,,,.C-) ~'?lr;l ~- ;,q ~ '-P. AMELIA G. PAGTALUNAN, Plaintiff vs, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL V ANlA : NO. 05-1797 CIVIL TERM HERMINIa V. PAGTALUNAN, Defendant : CIVIL ACTION - LAW WAIVER OF NOTICE 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 in 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 this 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. Date: lq!Dq J~{ HERMINI . PAGTALUNAN o ~.; r--" ,? Co? <-'"' C) ~?; I .r~-- _.- :..-/ -" ~ .-\ ~"C -\1 fn e;~ ~'~l\:.( <.~':, '.._\., )~::; ~\~{l 'F? f2: - AMELIA G. PAGTALUNAN, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA vs. : NO. 05-] 797 CIVIL TERM HERMINIO V. PAGTALUNAN, Defendant : CIVIL ACTION - LA W AFFIDA VII OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on April 5, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree. I verii)' that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of] 8 Pa. C.S. ~4904 relating to unsworn falsification to authorities. Date: \J ~ e.., J,.e'l U I ?b6 'J HJ!fjfji()~-. AMEL G. AGTALUNAN n ~~, r-' = """ (:...1'" o ("J ..-'. \ :t;" o 4"1 .--1 :}:""'f"1 p' ~~~ ~~\\ 'e? (?~\~:\ '37" -!!:' -," _.__ ~~"1 ':':!.~:~\ ,7" :2 <P. - - vs. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 05-1797 CIVIL TERM AMELIA G. PAGTALUNAN, Plaintiff HERMINIO V. PAGTALUNAN. Defendant : CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &330I(c) OF THE DIVORCE CODE 1. I consent to the entry of a fmal Decree in Divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses in do not claim them before a divorce is granted. 3. 1 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 , 4. By signing this document I represent that I and my representatives are waiving my right to make a claim against the Defendant for costs, division of properties, lawyer fees or expenses. I verilY 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: \J!o.".-+.o""bat 71', 'Zoo-;- ~q~lifM-' AMEL G. AGTALUNAN .-' = c~.., c..r'\ o -n 1.-;"\ c\1r:.~ <,f..24, --:',i:!'-( '"..',("'1 ,.--',::';::'- C' ~--/ --' \ .r:- :.s:. .;- \~'~i??\ S1t\\ ,:1:) .:L '-P. - - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ) COUNTY BRANCH AMELIA G. PAGTALUNAN Plaintiff ) ) CIVIL ACTION - LAW vs. ) ) ) NO. 05-1797 CIVIL TERM HERMINIO V. PAGTALUNAN Defendant ) PRAECIPE TO TRANSMIT TIIE RECORD 1. Grounds for divorce: x Section 3301(c) of the Divorce Code Section 3301(d) of the Divorce Code 2. (a) Date complaint filed: April 5, 2005 (b) Date of service of the complaint: May 5 , 2005 (c) If service 30 days after date of filing, date complaint reinstated: (d) Manner of service of the reinstated complaint: Certified mail, restricted delivery to and return receipt signed by defendant. First-class mail- not returned, certified mail refused, 15 days have elapsed Date of mailing: Date certified mail refused Personal service by Sheriff and/or Deputy Sheriff Personal service by competent adult other than Sheriff (Affidavit attached) X Acceptance of service (copy attached) By publication pursuant to Order of Court (Copy of Order attached) 3. (a) Affidavit of consent required by Section 330 1 (c) of the Divorce Code: Date of execution: Plaintiff 09/28/2005 Date of filing: Plaintiff 10/4/2005 Defendant 09/19/2005 Defendant 10/4/2005 (b) Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: Date of execution: Date of service upon defendant: 4. Related claims pending: None 5. (a) Date of service of the notice of intention to request entry of divorce decree, copy of which is attached: Manner of service of notice of intention: Certified mail First-class mail Personal service Acceptance of service Publication pursuant to Order of Court Other (b) Date waiver of notice of intention to request entry of divorce decree was filed with the Prothonotary: By plaintiff: By defendant: 10/4/2005 10/4/2005 VERIFICATION I verify that the statements made in this praecipe are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. Section 4904 relating to unsworn falsification to authorities. By ;;;;;~PC ~Jeff ey N. offer Esq. Attorney for Plaintiff 10 {ghuoS Date: C) "" ,..= 0 C' '':::':' l,;;..n " 0 -l (--) FIi:TJ -:, f'-- JJ:] N , r-'. ,'OJ -, , / C") 'J") :::) nl :,~-j -~ c' :'D -.J -;;: AMELIA Q, PAGTALUNAN, Plaintiff vs. HERMINIO V. PAGTALUNAN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYL VANIA : NO. 05-1797 CIVIL TERM : CIVIL ACTION - LAW : DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint. Date: I~. , I OS ,}ccr Henninio . #2 Purok 6) Calumpit 3 Philippines ...., "'" ;.j.~ o -n :;:! f~)fJ ._",f"1 -") ';:,--~! .:';<.i Cl C) N ~'" ~ ......0 <::) _! (-j iT, IN THE COURT OF COMMON PlEAs OF Cumberland COUNTY,PENNSYLVANIA CIVIL DIVISION Amelia G. Pagtalunan . Plaintiff File No. 05'-1797 vs. '. Herminio V. Pagtalunan Defendant IN DIVORCE NorlCE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, [select ona by marking .x.] x prior to the entry of a Final Decree In Divorce, or after the entry of a Final Decrej!..in Divorce dated hereby elects to resume the prior surname of Amelia Reyes Gatchalian, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. ~ 704. Date: I 0 /15 h005~ /~~&J~ . . Signature Amelia Gatchalian Pagtalunan COIIMONWEALTH OF PENNSYLVAN1A COUNTY 01': Cumberland ~fvUo~ Sig ture of name being resumed Amelia Reyes Gatchalian Sworn to and su scribed before me this 13th day of October 2005. COMMONWEALTH OF PENNSYLVANIA Notarial Seal Jeffrey N. Yoffe, Notary Public t Pennsboro Twp" Cumberland County My Commission Expires Oct. 23, 2008 Member, Pennsylvania Association of Notaries ;v (0 "6g. Ft- 1': ~ t=\:. D - "- (), ()- ~ p ....., ..0 r <::::::> C) c...., ~ <:...1'"1 -n D W f'- ~ :..'"":! ~ ~ -J -t- C3 ---t... Co ~~~~~~~~~~~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STA.TE OF PENNA. Amelia G. Pagtalunan N 05-1797 O. VERSUS Hermina V. Pagtalunan DECREE IN DIVORCE AND NOW, ~L\ , IT IS ORDERED AND ,..,- ..~Lro ') DECREED THAT Amelia G. pagtalunan __, PLAINTIFF, AND Hermina V. Pagtalunan , 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; ~)oV\-~ t ,/ ,I " ,4' .' . By THE COURT: ~ -"''"":,. ...'""-___~.j_t \. / ~ ATTEST~~_ " ~ 011-7 PROTHONOTARY .. '" .. ~~~~~ ~~ ~~~~~~~~~~~~ ~ ~ ~ ~ + ~ .. .. J. 4 '/, ~ r?J::f'~t, 5iJ;;e- 01 _ !t't' ,/ 71 -, -<71 ,,;# fr7 f /f/':>Y ,k/;v _~5(l.:r ' .. ,~'. '0." . \, . ~