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HomeMy WebLinkAbout06-4066 ,- v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 2006- ~r.(..CIVIL TERM MARISELA MONTOYA, Plaintiff NELSON BAEZ, Defendant : IN DIVORCE NOTICE 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 Street, Carlisle. 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. Court Administrator Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013 (717) 240-6200 10 J. KOP Y. reme Court ill #5 00 North Second Street, 8th Floor Harrisburg, P A 1710 1 (717)221-1111 Attorney for Plaintiff . .~ v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ 2006- LldJcIVIL TERM MARISELA MONTOYA, Plaintiff NELSON BAEZ, Defendant : IN DIVORCE COMPLAINT UNDER SECTION 330J(c) OR 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Marisela Montoya, an adult individual, who currently resides at 13 Fairfield Street, Mount Holly Springs, Cumberland County, Pennsylvania. 2. Defendant is Nelson Baez, an adult individual who currently resides at 1950 Derry Street, Harrisburg, Dauphin County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on January 8, 2004,in Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties, 6. The Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. Having been so advised Plaintiff does not desire the Court to order counseling, as evidenced by the Affidavit as attached hereto and made a part hereof marked as "Exhibit A." 7. The marriage is irretrievably broken. WHEREFORE, Plaintiff requests Your Honorable Court to enter a decree in divorce. Respectfully submitted, JO~~~ Supreme Court ill #53 300 North Second Street, 8th Floor Harrisburg, PA 17101 (717) 221-llll ~. MARlSELA MONTOYA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ 2006Ab~~ CNIL TERM v. NELSON BAEZ, Defendant : IN DNORCE AFFIDAVIT I, MARISELA MONTOYA, Plaintiff, being duly sworn according to law, depose and say: (I) I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. (2) I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. (3) Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the court. 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. Dated: ~ S. 200 b '~ -. (. MARI~~ .. . . COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND :SS 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. Section 4904 relating to unsworn falsification to authorities. DATED: M~lrft2ntiff .,....<. .. ~ < ~ (,.--, ...-\ e - ( "'\- ~ ~ -0 I',; ~", < \) ~,."" C) V"'t -":'1 - - ~ - - tv ~ 4 -- ?- r c .c: f I MARlSELA MONTOYA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2006- 4066 CIVIL TERM NELSON BAEZ, Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT (1) A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 18, 2006. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (3) I consent to the entry of a final decree of divorce. (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: "1.,/ oy /0 b r----) = <= CT' 9 M c...:> ~ ~:n '<or: -of"1l -;:) '1: i"). , :~~;~ ~~~ ;':--..-.- -1-0 >,-rn (2 ----I ~ -0 ::~ N .- N .j;:' MARlSELA MONTOYA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2006- 4066 CIVIL TERM NELSON BAEZ, Defendant : IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT (1) A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 18, 2006. (2) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (3) I consent to the entry of a final decree of divorce. (4) I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifl 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: / /)./0'/10 b ~ Marise a ooloy.. 101 fI r----) = = <:r' o f1i CJ o -n '"'"" :r:.." rnp -0 p:j -:-1 -'r c5 {:> .:~~4 ;-10 ::;::01 o ..:-1 :e :~ W -0 ~~.~ ~ r;:> 1'.'> ,x." MARISELA MONTOYA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2006- 4066 CIVIL TERM NELSON BAEZ, Defendant : IN DIVORCE AFFIDAVIT OF CONSENT TO DIVORCE (1) A Complaint in divorce under Section 3301(c) of the Divorce Code was filed on July 18, 2006. (2) Defendant acknowledges that service of the Complaint on July 20, 2006, and he made by signing an Acceptance of Service, attached hereto marked as Exhibit "A." (3) The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. (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. (5) I consent to the entry of a final decree of divorce. (6) I understand that if a claim for alimony, alimony pendente lite, marital property or counsel fees or expenses has not been filed with the court before the entry of a final decree in divorce, the right to claim any of them will be lost. (7) I have been advised of the availability of marriage counselling and understand that I may request that the court require that my spouse and I participate in counselling. Being so advised,! I do not request that the Court require that my spouse and I participate in counselling prior to a divorce decree being handed down by the Court. 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. DATED: lZ,/IU(}P ~ ~~~ Nelson Baez, Defend t t--.;) = = C1'" o rrI (J ~ :2.." m- fn -00 ~o 1- C:;Cl ~.T: ={i (~)(i ~rn )'.,. ~ w :2 -\OlI.. N .. N .r.- MARlSELA MONTOYA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2006- 4066 CIVIL TERM NELSON BAEZ, Defendant : IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE (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 ifl 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. Section 4904 relating to unsworn falsification to authorities. Date: l1vlrdolo ~19 o c: < r----) = = t:::r' I:::) rrI n (oW -0 ~ N .. ~ ~.." n.- ~ ::gy (;'~ ~: -::c -r. C) (") :?- rn S J.O ~ N s:- MARlSELA MONTOYA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2006- 4066 CIVIL TE RM NELSON BAEZ, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, Nelson Baez, do hereby accept service of the Divorce Complaint filed to the above- captioned term and number on this 20th day of July, 2006. Date: /0.- I?- -Ob ~..6 ..-;:/ Nelson Baez CY r-..) = <= C'7" I:::) ("'Ii ("'") w ~ ~~ "om -JJ6 (-) , ,~.~! -ri -:1:_-1'1 (='5 2m o --I J> ~ -0 ::r~ r::! N +:' " . """ MARISELA MONTOYA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2006- 4066 CIVIL TERM NELSON BAEZ, Defendant : IN DIVORCE PRAECIPE TO TRANSMIT 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) or 3301 (d) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service executed by the Defendant (he accepted service on July 20,2006, but signed the affidavit October 12,2006), attached as "Exhibit A" 3. (Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent and Waiver of Notice required by Section 3301~) of the Divorce Code: By the Plaintiff: December 4, 2006 By Defendant: December 12, 2006 (b )(1) Date of Execution of the Plaintiffs Affidavit required by Section 330l(d) of the Divorce Code: Not applicable. (2) Date of Service of the Plaintiffs Affidavit upon the Defendant: Not applicable 4. Related claims pending: The parties have no further issues or claims against each other. .. .-"'- Respectfully submitted, -_ 6_-?~'-- .--- c::-.... JoIm61. ~;; .... y, ESq~i Attorney for Plaintiff The Shagin Law Group LLC 300 North Second Street, 8th floor Harrisburg, P A 171 0 1 (717) 221-1111 $) '::.;'"J ~-'" ~; ~~r. --/-'- 2:.C (.r~ C ~ ~ <- ? -;::e:. , tJ' -0 ~ '~-(~:: 2: 2. ~ ~--n me -om -rJo (J (:) ::(~ ~-\ (,',) ("') '-;>" !('n .;~ :;:..\ "Z- ::t. - u) 0' ..---------- MARISELA MONTOYA, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : 2006- 4066 CIVIL TERM NELSON BAEZ, Defendant : IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE (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. Section 4904 relating to unsworn falsification to authorities. Date: J 2./o~'lo h ~ Marise nto, lai Iff ~ 'r, u.,l':=(,- g(j u--;- ;6~ '1 C.J ta1l. te\.u is ~ ..::r ..::r - ';C. 0- cJ:) - ~ ~ -> ~ ~ E;. ~c:: ~~,s~ t <--~.- -\ :::;~ :::j c?Q ;;~ i;i ;J_\t~ '~ '5 o ff. <ti if. iii iii iii if. [filii '" IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF N~s.~ ~ VERSUS Nt?1S0N f>~6. PENNA. No. Lf 0 itJ (, 2-00 ~ DECREE IN DIVORCE II AND NOW, j~~\Jl\~'\ 1.. f:JJ I IT IS ORDERED AND DECREED THAT Nhn.lS'eL1'l tnDN-rOY,4 AN D NE1..~o /'J GA€':Z. , PLAI NTI FF, , 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; "'iii'" iii By TH~i: ~~ ATTE?:~ \ PROTHONOTARY :II "':II "'if. '" "'ff.:flli ff.EI':f '" "''''''' J. (~r:-K~~ e, ~ ~ ~ ~ ~Jt, LO-r;e-! 7J4 -; ~ t.I,;;.p7l LOi:e-/ ...