HomeMy WebLinkAbout06-1864
TV AN SOLA,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYL VANIA
:NO: Ole, -/fLL[ (};u~L~0Z-\
v.
: crVIL ACTION - LA W
CHERYL SOLA,
: TN mVORCE
Defendant.
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 in divorce or annulment may be entered against you
by the Court. A judgment may also be entered against you for another 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, 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 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, PA 17013
(717) 249-3166
IVAN SOLA,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO: ~ - /PLY
: CIVIL ACTION - LAW
CiQL{L0V~VL
CHERYL SOLA,
IN DIVORCE
Defendant.
COMPLAINT IN DIVORCE
AND NOW, comes the Plaintiff, Ivan Sola, by and through his attorneys, Mancke,
Wagner and Spreha, and files the following Complaint in Divorce:
I. The Plaintiff, Ivan Sola, is an adult individual residing at lIS I York Road,
Mechanicsburg, Cumberland County, Pennsylvania.
2. The Defendant, Cheryl Sola, is an adult individual residing at 39 Hedge Drive
Levittown, Pennsylvania.
3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of
Pennsylvania for at least six (6) months prior to the filing of this Complaint.
4. Plaintiff and Defendant are husband and wife having been married on May 27, 1995,
in Carlisle, Cumberland County, Pennsylvania.
5. There have been no prior actions of divorce or annulment between the parties in this or
any other jurisdiction.
6. Neither Plaintiff nor Defendant are members of the Armed Forces of the United States
or any of its Allies.
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7. Plaintiff has been advised of the availability of counseling and that he has the right to
request that the Court require both parties to participate in counseling.
8. The Plaintiff avers as grounds on which this action is based are:
A. that the marriage is irretrievably broken pursuant to S3301(c) of the
Divorce Code; and
B. That the parties separated as of October 2000, therefore, the parties have
lived separate and apart for a period of at least two (2) continuous years
pursuant to S3301(d) of the Divorce Code.
WHEREFORE, Plaintiff requests the Court to enter a Decree in Divorce.
Respectfully submitted,
Mancke, Wagner & Spreha
---~
'P. Richard Wagner, Esquire
J.D. #23103
2233 North Front Street
Harrisburg, P A l7ll0
(717) 234-7051
Attorneys for Plaintiff
Date: .3/.?l?1/ cJ~
,
VERIFICATION
I verifY that the statements made in the foregoing document 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.
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DATE:
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IV AN SOLA,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 2006 1864
: CIVIL ACTION - LAW
CHERYL SOLA,
: IN DIVORCE
Defendant.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on March 30, 2006.
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 of divorce after service of notice of
intention to request entry of the decree.
4. 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 are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authorities.
DATE: (}(JjfJIJJA /1; JOO&
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IVAN SOLA,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 2006-1864
: CIVIL ACTION - LAW
CHERYL SOLA,
: IN DIVORCE
Defendant.
WAIVER OF NOTICE OF INTENTION TO
REOUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. 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 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.
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Cheryl la
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IV AN SOLA,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO: 06-1864
CIVIL ACTION - LAW
CHERYL SOLA,
IN DIVORCE
Defendant.
CERTIFICATE OF SERVICE
I, Debra K. Spinner, Secretary in the law firm of Mancke, Wagner, Spreha & McQuillan, do
hereby certifY that on this date a copy of the Complaint in divorce was served upon the following person
and in the manner indicated below, which service satisfies the requirements of the Pennsylvania Rules of
Civil Procedure, by depositing the same in the United States mail, Harrisburg, Pennsylvania, certified,
restricted delivery, return receipt requested, and addressed as follows:
Ms. Cheryl Sola
39 Hedge Drive
Levittown, P A 19054
By
rUt,. _ ~, A jJ".}~~L~~
Debra K. Spinner, S~cretary
Mancke, Wagner, Spreha & McQuillan
2233 North Front Street
Harrisburg, P A 17110
P. Richard Wagner, Esquire
Attorney for Plaintiff
Date: 1//3/01/
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U.S. Postal ServiceTM
CERTIFIED MAllrM RECEIPT
(Domestic Mail Only; No Inswance Coverage Provided)
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Postage $ ,t3
Certified Fee ). t.f 0
Postmark
Return Receipt Fee j.g!f Here
(Endorsement Required)
Restricted Delivery Fee ~,10
(Endorsement Required)
Total Postage & Fees $ .2'!]
Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and-address on the reverse
so' that we can return the card to you.
. Attath this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
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C. Date of Delivery
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D. Is delivery ad 55 different from Item 1? 0 Yes
If YES, enter delivery address below: 0 No
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3. ~rvice Type
~ Certified Mail 0 Express Mail
o Registered 0 Return Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) Yes
2. Article Number
(rransfer from seNice label)
PS Form 3811 , February 2004
7005 1160 0001 3321 5465
Domestic Return Receipt
102595-02-M-1540
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IV AN SOLA,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO. 2006 1864
: CIVIL ACTION - LAW
CHERYL SOLA,
: IN DIVORCE
Defendant.
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed
on March 30, 2006.
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 of divorce after service of notice of
intention to request entry of the decree.
4. 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 are made subject to the penalties of 18 Pa.C.S. Section 4904,
relating to unsworn falsification to authOritieJ ~D ~ ~
DA TE:/:;! - /.g / d Ie, ~ _/ -\ccA
Ivan Sola
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IV AN SOLA,
Plaintiff,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 2006-1864
: CIVIL ACTION - LA W
CHERYL SOLA,
: IN DIVORCE
Defendant.
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE UNDER
SECTION 3301(c) OF THE DIVORCE CODE
1. 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 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.
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I van Sola
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IV AN SOLA,
: IN THE COURT OF COMMON PLEAS
: CUMBERLAND COUNTY, PENNSYLVANIA
Plaintiff,
v.
: NO: 2006-1864 - CIVIL TERM
: CIVIL ACTION - LAW
CHERYL SOLA,
: IN DIVORCE
Defendant.
PRAECIPE TO TRANSMIT THE 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 Section 3301(c), 3301(d) of the Divorce
Code. (Strike out inapplicable section.)
2. Date and manner of service of the Complaint: July 13, 2006, by certified mail, restricted
delivery, return receipt requested.
3. (Complete either paragraph (a) or (b):
(a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the
Divorce Code: By Plaintiff: 12/18/06
By Defendant: 10/14/06
(b)
(1)
Date of Execution ofthe Plaintiff's Affidavit required Section 330l(d)
of the Divorce Code:
(2) Date of service of the Plaintiff's Affidavit unto the Defendant:
4. Related claims pending: None
5. (Complete ether (a) or (b).)
(a) Date and manner of service of the Notice of Intention to File Praecipe to
Transmit the Record, and attach a copy of said Notice under Section 3301 (d)
(1)(i) of the Divorce Code:
.
-"
(b) Date Plaintiff's Wavier of Notice was filed with the Prothonotary: 01/11/07
(c) Date Defendant's Waiver ofN e was filed with the Prothonotary: 10/19/06
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P. Richard er, Esq.
mey for Plaintiff
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
IVAN SOLA
No. 2006-1864-CIVll.
VERSUS
CHERYL SOLA
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DECREE IN
DIVORCE
AND NOW,
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IVAN SOLA
, PLAI NTI FF,
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, 'l.{}()7 , IT IS ORDERED AND
DECREED THAT
CHERYL SOLA
, DEFENDANT,
AND
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
ATTEST:
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