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HomeMy WebLinkAbout05-4925 VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE FABIAN MICHUA-RICO, Defendant NO. 05- if~';J.~ CIVIL TERM 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 right 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, Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LA WYER'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 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 MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MA Y OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, P A 17013 (717) - 249-3166 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. VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE FABIAN MICHUA-RICO, Defendant ,/ NO. 05- 'iq~5 CIVIL TERM DIVORCE UNDER TITLE 23 Pa. C.S. &&3301(c) and (d) OF THE DIVORCE CODE 1. Plaintiff is Venise Michua-Rico, who currently resides at 204 High Street, Apartment 6, Shippensburg, Cumberland County, Pennsylvania 17257. 2. Defendant is Fabian Michua-Rico, who currently resides at 140 Main Street, Apartment 6, York Springs, York County, Pennsylvania 17372. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The plaintiff and defendant were married on March 3,1997, in Westminster, Carroll County, Maryland. 5. Plaintiff and defendant have lived separate and apart since February 7, 1999. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, plaintiff requests the court to enter a decree of divorce dissolving the marrIage. Respectfully submitted, Date q /d-r / OS- ( ( ~CC~ Kathleen 0' Connor Certified Legal Intern ROBE TOM PL CE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys Family LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition are true and correct to the best of my personal knowledge 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: q I d\ ) oS VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW DIVORCE FABIAN MICHUA-RICO, Defendant ..... NO.05- '/?:.?,) CIVIL TERM NOTICE TO DEFENDANT 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 UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on February 7, 1999 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 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 that false statements herein made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. Date: Sld' }~ ~x ~. ~ ......... "^ ~ ".\ ~ .:x ~~ '" ~ '.... ~. ~\~. ~ -. \ ~ ~ U\. ('.' N ,-~ ~ \~ \ ,) ~ ~~ ~ () ~~ r--) C..:.:::;l = c.n U1 IT; -'0 r--., ~ o -n -:::\ :::L-n rn,:"- -ni"Tl q~~ ~ ~~~ ~ .r;- DENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE FABIAN MICHUA-RICO, Defendant NO. 05-4925 CIVIL TERM CERTIFICATION OF SERVICE I, Kathleen O'Connor, Certified Legal Intern, hereby certify that the Family Law Clinic served a true and correct copy of the Complaint for Divorce on Fabian Michua-Rico residing at 140 Main Street, Apartment 6, York County, York Springs, Pennsylvania, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested. Service was complete upon receipt by Fabian Michua-Rico on the 29th day of September, 2005, as evidenced by the attached return receipt card with the article number /w ~O'CO~' Certified Legal Intern ~~ ROB R E. RAINS TOM PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys Family LAW CLINIC 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 Fax: (717) 243-363 SlrJDU-; , '-' . I , L ~, L ,. . Complete ~ems 1, 2, and 3. Also complete ~em 4 W Restricted Delivery I. desired. . Print your name and address on the reverse so that we can return the card to you. . Attach thl. card to the beck of the mall piece, or on the front W .pece pennlts. 1. Article Addressed to: < . YI)}JlOn 1Yl1chM.' ~llD lY\) Me\!)\. str{t~ . ~~ 1t' ~ ~G( iZ C~)V'IYO~. fr:\ . J I 3ld- 2. 7005 0390 0003 PS Form 3811, FebnJary 2004 (,[nlll x B. Received by (Printed Name) t/llfAAf ( D. Is delivery _.... d_ frcm /tern 1? If YES, enter delivery address below: P. 0, 6o'f.- ~1.f5 YO~~~~NCs:~A:: 1731?' 3. ~ Type 9'Certifled Man [:J ~ Mall o RegIstered D""Return Receipt for Merchandise o Insured Mall [J C.O.D. 4. Restricted Delivery? (Extra Fee) Yes 2632 4969 00m00tIc Aotum A-"~, 102595-CZ-M-1540 i (') ~ ...., = .;;:::' c..n o :-?: I <.n o -r1 .-1 ~" .llp -!JUl. ~:"}\Ii :,i,C) ,l-T. .~ -;, --, -. ~:::C'I :jl~n ~-"-\ ~'p- :~ -a r;-? s.- c::> VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE FABIAN MICHUA-RICO, Defendant NO. 05-4925 CIVIL TERM CERTIFICATE OF SERVICE I, Kathleen O'Connor, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice ofIntention to Request Entry of S 3301(d) Divorce Decree and Defendant's Counter-Affidavit Under S 3301(d) of the Divorce Code on Mr. Fabian Michua Rico, residing at P.O. Box 245, York Springs, Pennsylvania 17372, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Fabian Michua Rico, on the 8th day of November, 2005 as evidenced by the attached green car. ..;,~ Certified Legal Intern NM-~ ~ ROBERT E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, P A 17013 (717) 243-2968 ~--,) = 0 ,-<:~. '--n (,,,t' .-l t~ ~ C"f\~: """:;: , -:q i" , <:::;; c::> , , , --j C) -'~-, ~: C') 0' ","', . . ~? ...\ ......". L"1 :D tv -~ - --~ . VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE FABIAN MICHUA-RICO, Defendant NO. 05-4925 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER !l330l(d) OF THE DIVORCE CODE i. 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 (i), (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) 1 do not wish to make any claims for economic relief. 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. ( ) (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 delay. I verify that the statements made in this counter-affidavit 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. Date II , I/J, 05 / I' :r;;;Z/J d(jtJ~~ D Fahian Michua-Rico, efendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. <1 / / -. VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE F ABlAN MICHUA-RICO, Defendant NO. 05-4925 CIVIL TERM NOTICE OF INTENTION TO REOUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: FABIAN MICHUA-RICO You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 5 3301(d) affidavit. Therefore, on or after November 28, 2005, the other party can request the court to enter a tinal 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, P A 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. An arrangements must be made at least 72 hours prior to any hearing or business befi)re the court. You must attend the scheduled conference or hearing. ~~--- ",< .- ""..~ ~.. - ,.. "" VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LA W DIVORCE FABIAN MICHUA-RICO, Defendant NO. 05- 4925 CIVIL TERM PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Please transmit the record, together with the following information, to the court for entry of a di vorce decree: I. Ground for divorce: irretrievable breakdown under ~3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Fabian Michua Rico on September 29, 2005. 3. Date of execution of the Plaintiffs Affidavit required by S3301 (d) of the Divorce Code: September 21,2005; Date of service of the Plaintiffs Affidavit upon the Defendant: September 29, 2005. 4. Related claims pending: none 5. Date and manner of service of the Notice ofIntention to Request Entry of Divorce Decree, a copy of which is attached: U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Mr. Fabian Michua-Rico on November 8, 2005. /" ~~~~;i / t L,- jr"',/-l; /.'../ ''f.' ' ~ /' ,. (.. fC (--_. Kathleen O'C or Certified Legal Intern ~,B~ ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Attorneys for Plaintiff ~ .' r VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE FABIAN MICHUA-RICO, Defendant NO. 05-4925 CIVIL TERM NOTICE OF INTENTION TO REOUEST ENTRY OF ~ 3301(d) DIVORCE DECREE TO: FABIAN MICHUA-RICO You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the S 3301(d) affidavit. Therefore, on or after November 28,2005, the other party 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 Jurever 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 HEI,P. Cumberland County Bar Association 32 South Bedford Street Carlisle, P A 17013 (717) 249-3] 66 AMERICANS WITH DISABILITIES ACT OF 1990 The Court 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. ,. () . VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE FABIAN MICHUA-RICO, Defendant NO. 05-4925 CIVIL TERM DEFENDANT'S COUNTER-AFFIDAVIT UNDER s3301(d) OF THE DIVORCE CODE 1. 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 (i), (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): -/ (1 (a) I do not wish to make any claims for economic relief. 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. (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 ofIntention to Request Divorce Decree, the divorce decree may be entered without further delay. I verifY that the statements made in this counter-affidavit 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!! , IIJ; 05 / / ~/J d,l'~~D Fabian Michua-Rico, efendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. C-' :-1 VENISE MICHUA-RICO, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION-LAW DIVORCE FABIAN MICHUA-RICO, Defendant NO. 05-4925 CIVIL TERM CERTIFICATE OF SERVICE I, Kathleen O'Connor, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Praecipe to Transmit Record on Mr. Fabian Michua-Rico, residing at P.O. Box 245, York Springs, P A 17372, by depositing a copy of the same in the United States mail on December 1,2005. Service was complete upon mailing. .7 _-'--, ,h~-<CC;/~_ / Kathleen O'Connor --. \\ t d I 0 /' Certified Legal Intern Utt e ;2- 5". ~ ?~-:t. ~ ~~ ROBERT E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON.WALSH Supervising Attorneys F AMIL Y LAW CLINIC 45 North Pitt Street Carlisle, PAl 70 13 (717) 243-2968 '':~ + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + . + + ~~ :of + '+ Of :T + '+' Of. :T ;t++:i: + + + + + + + + + + + + + + + + + + + + + + + . + +:+:++++'f.:f+ :I;+:t:++ +:+'+'f+++:T +++;+;;+;:T;f.++ :+:++:++ Of.:+: '+ +. IN THE COURT OF COMMON OF CUMBERLAND COUNTY STATE OF PENNA. Venise Michua-Rico No. 05 /[925 Plaintiff VERSUS Fabian Michua-Rico Defendant DECREE IN DIVORCE AND NOW, pt':u:......L) 2o~ '] DECREED THAT Vpn;sp Mirhllri Rirn AND Fabian Michua-Rico ARE DIVORCED FROM THE BONDS OF MATRIMONY. :+'+:+:;';:+':+';+''+:++'1'++ ++'++++'t:+ + + + + + + PLEAS IT IS ORDERED AND . PLAINTIFF, , DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE + + + + + + + + + + + . + + + + + + + + + + + + + + + + + + + + + + + + ++++.++++++++++++++~ YET BEEN ENTERED; BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT NONE ... ..;,. ATT 5 : (3~~ ~ ++++++++++++++++++ ++++++++ +++'f'+'t:'l':T+ ++ Of + '+ 'l' '+ + PROTHONOTARY + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + . + + + + + + + + + + . + + + + + + + J. #l ~ Tm4/ C(}"f.! . f! 1 5 '.-Y- Vi-- /' . / fdp, .dJ 501:/ (I '?:J '7 ~ 1) tV . ~..~. .. '.. "" ,..'