HomeMy WebLinkAbout05-5460
ARCELI B. PAGALILAUAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. OS' - .s'-llc.D
ClULL'tSe.r\
vs.
MANRICO B. PAGALILAUAN,
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, PA 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 TillS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW
TillS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT illRING A LAWYER.
IF YOU CANNOT AFFORD TO illRE A LAWYER, TillS OFFICE MAY BE 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, PA 17013
(800)990-9108 or (717)249-3166
ARCELI B. PAGALILAUAN,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
vs.
NO C>~ - S'l./ W
C!.iuL'--r 8<..1'>\
MANRICO B PAGALILAUAN,
Defendant
CIVIL ACTION - LAW
DIVORCE
COUNT I
COMPLAINT UNDER SECTION 33011 c) OF THE DIVORCE CODE
I. Plaintiff is Arceli B Pagalilauan, who currently resides at 427 Stonehedge Lane,
Mechanicsburg, PA 17011 and has so resided since August 2004.
2. Defendant is Manrico B. Pagalilauan, who currently resides at El Pueblo One
Condominium, #44 King Christian Street, Kings Point Subdivision, Bagbag, Novaliches,
Quezon City, 1113 Phillippines. He has resided there since approximately August 2005.
3. Prior to approximately August 2005 Manrico B Pagalilauan resided at a different address
in the Philippines.
4. Plaintiff has been 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 September 13, 1993 in Kalookan City,
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 October 3,2001.
9. 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 enter a Decree of Divorce.
COUNT II
REOUEST FOR DIVORCE DUE TO IRRETRIEVABLE BREAKDOWN
UNDER 3301(d) OF THE DIVORCE CODE
10. Paragraphs I through 9 are incorporated herein by reference.
II. The marriage of the parties is irretrievably broken.
12. In 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 his 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 his Affidavit, Plaintiff respectfully requests that the Court enter a Decree of Divorce,
pursuant to Section 330 I (d) of the Divorce Code.
YOFFE & YOFFE, P.e.
i/!b//7y}
ef ey N. Y offe, Esq.
Attorney for Plaintiff
214 Senate Avenue, Suite 203
Camp Hill, PA 17011
(717) 975-1838
Attorney ID No. 52933
jyoffe@verizon.net
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. g4904 relating to unsworn falsification to authorities.
Dated:
%~cJJct~
ARCELI B. . AGALILAUAN
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ARCELI B. PAGALILAUAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 05-5460 CIVIL TERM
MANRlCO B. PAGALILAUAN,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER &330l(c) AND &330l(d) 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. 94904 relating to unsworn
falsification to authorities.
Date: ~ Y 'U"J b
~
GALILAUAN
Doc.NO-~;
Page No~;
Book No. I ;
Series of 2006
before me on this 6th day of March
Manila, Phili[,pines.
ATTi. DELFI~~OILI. JR.
Not~r~' p~~~~c
Until December 31, 2006
PTR NO. 7115505-1-2-06.QC.
IBP NO. 61+5214-1a-21-05.QC.
ROLL NO. 24655
SUBSCRIBED AND SWaRN to
2006, in oue~on City, Metro
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ARCELI B. PAGALILAUAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 05-5460 CIVIL TERM
MANRICO B. PAGALILAUAN,
Defendant
: CIVIL ACTION. LAW
: DIVORCE
AFFIDAVIT OF CONSENT
I. A Complaint in Divorce under 9330I(c) of the Divorce Code was filed on October 19,
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 final Decree in Divorce after service of notice of intention to
request entry of the decree.
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. 94904 relating to unsworn
falsification to authorities.
Date: j(~ (( ~ C
JJ~
AGALlLAUAN
Doc. No.~;
Page No.~;
Book No. ~ ;
Seriesof 2 06 ;
SUBSCRIBED AND SWORN to before me on this 6th day of
March 2006, in Quezon City, Metro ManiJaa, Phi .
ATTY. DELFIN . GCM ~ JR
Notary Public ,.
Until December 31,200
PTR NO. 7115505-1-2-06.0c.
IEP NO. 645214-12-21-05.0C.
ROLL NO. 24655
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ARCELI B. PAGALlLAUAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
vs.
: NO. 05-5460 CIVIL TERM
MANRICO B. PAGALlLAUAN,
Defendant
: CIVIL ACTION - LA W
: DIVORCE
ACCEPTANCE OF SERVICE
I accept service of the Divorce Complaint.
Date: D~"",~ 7 ,...
.>( 6 \
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1\ RIC . AGALILAUAN
EI Pueblo One Condominium
#44 King Christian Street
Kings Point Subdivision
Bagbag, Novaliches, Quezon City
I I 13 Philippines
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ARCELI B. PAGALILAUAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 05-5460 CIVIL TERM
MANRICO B. PAGALILAUAN,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under 93301(c) of the Divorce Code was filed on October 19,
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 final Decree in Divorce after service of notice of intention to
request entry of the decree.
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. 94904 relating to unsworn
falsification to authorities.
Date: rtfl 13, ;l(1J(p
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ARCEL B. P AGALILAUAN
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ARCELI B. P AGALILAUAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 05-5460 CIVIL TERM
MANRICO B. PAGALILAUAN,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A
DIVORCE DECREE UNDER Q330l(c) AND Q330l(d) OF THE DIVORCE CODE
1. 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! 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. S4904 relating to unsworn
falsification to authorities.
Date: Ar11 l'j f !J.Ob(P
~~l'-i1/)V
ARCE I . P AGALILAUAN
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
) COUNTY BRANCH
ARCELI B. PAGALI LAUAN Plaintiff )
) CIVIL ACTION - LAW
vs. )
)
) NO. 05-5460 CIVIL TERM
MANRICO B. PAGALILAUAN Defendant )
PRAECIPE TO TRANSMIT THE RECORD
L Grounds for divorce:
x Section 3301(c) of the Divorce Code
Section 3301(d) of the Divorce Code
2.
(a)
Date complaint filed: October 19, 2005
(b)
Date of service of the complaint: December 3, 2005
(c)
If service 30 days after date of filing, date complaint reinstated: Def endan t 10 ca ted
outs~de of PA. Accordingly, 90 days ~s allowed for service.
(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 3301(c) of the Divorce Code:
Date of execution: Plaintiff 4/13/2006 Defendant 3/4/2006
Date of filing: Plaintiff Defendant 3/30/2006
(herewith)
(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:
Herewith
3/30/2006
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.
Yoffe & YOffJ P. c.
Date: 5/3/2006 By ikII J/;;- III '2L-
(jT~if~y N.' Yoffe, Esq.
Attorney for Plaintiff
...
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ARCELl B. PAGALlLAUAN,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
vs.
: NO. 05-5460 CIVIL TERM
MANRICO B. PAGALILAUAN,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
ACCEPTANCE OF SERVICE
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[ accept service of the Divorce Complaint.
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C . AGALILAUAN
EI Pueblo One Condominium
#44 King Christian Street
Kings Point Subdivision
Bagbag, Novaliches, Quezon City
II I3 Philippines
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~~~ ~~ ~~~~~ ~~~~~~~~~~~~~~~~~~~~~~~T.~~~T.+'T.~+'+'+'+'+'+'+'+'+'+'+'+'+'+'~+'+'~
IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
Arceli B. Pagalilauan
Plaintiff
No.
5460
2005
VERSUS
Manrico B. Pagalilauan
Defendant
DECREE IN
DIVORCE
AND NOW,~
~k
, IT IS ORDERED AND
l1
DECREED THAT
Arceli B. Pagalilauan
, PLAI NTI FF,
AND
Manrico B. Pagalilauan
, DEFEN DANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN TH IS ACTION FOR WH ICH A FI NAL ORDER HAS NOT
YET BEEN ENTERED;
NONE
By T
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