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HomeMy WebLinkAbout06-5965SANTIAGO MARRERO , : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION MARTHA h~IARRERO : NO. Q ~ - ~ ~ (~ ~~ C ~ ,~ Defendant IN DIVORCE NOTICE TO DEFEND 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 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 Courthouse, 1 Courthouse Square, Carlisle, PA 17013- 3387. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Courthouse 1 Courthouse Square, 4~ Floor Carlisle, PA 17013-3387 (717) 240-6200 NOTICIA Le han demandado a usted en la Corte. Si usted quiere defenderse de estats demandas expuestas en las paginas siquientes, usted tiene, veinte (20) dias de plazo al partir de lag fecha de las demanda y la notification. Usted debe presentar una apariencia escrita o en persona o Page 1 of 2 por abogado y azchival en la Corte en forma escrita sus defensas o sus objecciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la torte tomaza medidas y puede entraz una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition de demands. usted puede perder dinero o sus propiedades o otros derechos importantes pars usted. LLEVE ESTA DEMANDA A UN ABODAGO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARR AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Court Administrator Cumberland County Courthouse 1 Courthouse Squaze, 4'~ Floor Cazlisle, PA 17013-3387 (717)240-6200 Michael D. Rentschler, Esquire Attorney for Plaintiff Page 2 of 2 SANTIAGO MARRERO Plaintiff vs. MARTHA MARRERO Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION IN DIVORCE NOTICE OF RIGHT TO COUNSELING You aze one of the parties in the above-captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling, please advise in writing promptly by replying to: Office of the Prothonotary, Cumberland County Courthouse, 1 Courthouse Square, Cazlisle, PA 17013-3387. Prothonotary SANTAGO MARRERO, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION _ MARTHA MARRERO, : NO. ©~ - ~ c~ (~ 5 Defendant IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is SANTIAGO MARRERO, an adult individual who currently resides at 1439 Northampton Lane, New Cumberland, Cumberland County, Pennsylvania. 2. Defendant is MARTHA MARRERO, an adult individual who currently resides at 1439 Northampton Lane, New Cumberland ,Cumberland County, Pennsylvania . 3. Plaintiff and Defendant are sui juris and both have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on May 31, 2003 in Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction, with regard to this marriage. 8. The Plaintiff has been advised of the availability of counseling and of the right to request 1 that the Court require the parties to participate in counseling. COUNTI Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 9. The prior pazagraphs of this Complaint aze incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint aze incorporate herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. The parties are not separated. After two (2) yeazs have elapsed from the date of final sepazation, and Plaintiff intends to file his affidavit of having lived separate and apart, provided a 2 divorce decree has not already been granted pursuant to Section 3301 C of the Divorce Code. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, it is respectfully requested that this Court enter a Decree in Divorce, pursuant to Section 3301(d) of the Divorce Code. Respectfully submitted, LAW OFFICE OF MICHAEL D. RENTSCHLER, P.C. ichael D. Rentschler, Esquire Attorney for Plaintiff Supreme Court I.D. #45836 28 North 32nd Street Camp Hill, PA 17011 (717) 975-9129 VERIFICATION I, SANTIAGO 1~ZARRERO, verify that the statements made in the Complaint aze 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. SANTIAGO MARRERO, Plaintiff CERTIFICATE OF SERVICE I, MICHAEL D. RENTSCHLER, ESQUIRE, do hereby certify that on this date I served a copy of the foregoing Complaint in Divorce by Certified Mail, restricted delivery, return receipt requested to the following: Martha Marrero 1439 Northampton Lane New Cumberland, PA 17070 f c Date: ` p ~ ~' MICHAEL D. RENTSCHLER, ESQUIRE Attorney for Plaintiff C` r-J ~., ~J C . «: "~ _ .~ .,~ ~. -r r n .;- ~ ..._ ~ ~ C• ~ r~ -..~ ,~ - : ~' -t _;;~ -., ; :~ -..1 ~ E~ m ~-~-- n T USPS -Track & Confirm ,, LabeUReceipt Number: 7006 0810 0000 7878 7256 Status: Delivered Your item was delivered at 8:14 am on October 17, 2006 in NEW CUMBERLAND, PA 17070. A proof of delivery record may be available through your local Post Office for a fee. Additional information for this item is stored in files offline. ^ 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. ~ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~U-~- ~y~~~~ ~~o ~~ Page 1 of 1 Enter LabeUReoaipt Number. ~/ ,~'~ ^ Agent ^ Addressee by (~~ Name) C. Date of Delivery D. Is delivery address different from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. Service Type Certified Mall ^ Express Mail ^ Registered ^ Return Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. Restricted Delivery? (Extra Fee) y~y~ z. Article Number 7006 1J81~ i]D0~ 7878 7256 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-7540 http://trkcnfiml .smi.asps.corn/PTSInternetWeb/InterLabelInquiry.do 4/20/2007 C Q ' ~ ~ f3 Q1 rn ~; - ~ ~ ~ ~ t .:~~y tr -_.^ ~ ~., ~- ~ ~, w tlt SANTIAGO MARRERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. :CIVIL ACTION MARTHA MARRERO, N0.2006-5965 CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 12, 2006 and the Defendant accepted service of the Complaint via certified mail, restricted delivery, on October 17, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and 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: SANTIAGO MARKER , Plaintiff C ...r i14~ Sr "' €'r'1 t~? ~~ ~,, t3 ~ ~ `... ~ ra' 37~ ' ~" .~ ~ ~ y. .{ ~ '~ .-c: { SANTIAGO 1~I,ARRERO, Plaintiff vs. MARTHA MARRERO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYI.,VANIA CIVIL ACTION N0.2006-5965 CIVIL TERM IN DIVORCE 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 aze made subject to the penalties of 18 Pa. C.S.A.. § 4904 relating to unsworn falsification to authorities. '~~.. Date: ~ (,~ ANTIAGO MARRERO, Plaintiff ~ ~ ~ n ro t:~ x• ' b - u - -o i J ; ~ C.. ~ -r, p ,_.., ss Q C cx~ fl c"~ u~ ~ SANTIAGO MARRERO, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. CNIL ACTION MARTHA MARRERO, : N0.2006-S96S CIVIL TERM Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on October 12, 2006 and the Defendant accepted service of the Complaint via certified mail, restricted delivery, on October 17, 2006. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint and the date of service of the complaint on the Defendant. 3. I consent to the entry of a final decree of divorce after service of a Notice of Intention to Request Entry of the Decree. 4. I have been advised of the availability of marriage counseling and understand that the Court maintains a list of marriage counselors and that I may request the Court to require my spouse and I to participate in counseling and, being so advised, do not request that the Court require that my spouse and I participate in counseling prior to the divorce becoming final. I verify that the statements made in this Affidavit are true and correct and I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ~~-~ o Dated: MARTHA MARRERO, Defendant C7 ~ Q ;; ^:t ~ t,;; ~' s-s~ ~ ~ ~ ;~'" ~ ~ ~:~ _ :~ N ~ ~ ig w (" y.r~ W ~+ W ~"~`".y'~~ ..I`J ry ~ V ~ .~ SANTIAGO MARRERO, Plaintiff vs. MARTHA Iv4AR RERO, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION N0.2006-5965 CIVIL TERM IN DIVORCE 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 aze true and correct. I understand that false statements herein aze made subject to the penalties of 18 Pa. C.S.A. § 4904 relating to unsworn falsification to authorities. Date: ~0 ~ GL MARTHA MARRERO, Defendant ~~ ~-~ ;~ ~ -' ,~ , _ ,.. ~-'~"- ~ ~ r~ €'... ay _~~,ti C Ct ~~ SANTIAGO MARRERO, IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. MARTHA MARRERO, N0.2006-5965 Defendant :CIVIL ACTION -LAW 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 of the Divorce Code. 2. Date and manner of service of the complaint: October 17, 2006 by Certified Mail, Restricted 3. Date of execution of the affidavit of consent required by Section 3301 C ofthe Divorce Code: by plaintiff on April 5, 2007; by defendant on April 6, 2007. 4. Related claims pending: None. 5. Date plaintiff s Waiver of Notice was filed with Prothonotary: Apri19, 2007. 6. Date defendant's Waiver of Notice was filed with Prothonotary: April 9, 2007. Respectfully submitted, Michael D. Rents r; Esquire Supreme Court I.D. #45836 28 N. 32"d Street Camp Hill, PA 17011 (717) 975-9129 rs v ' ~ ~~ :. ~ ~~,~} ~ L~~ ~ .~ W ' ~~ I N THE COURT OF COMMON PLEAS Santiago Marrero NO. 2006-5965 Civil Term VERSUS Martha Marrero DECREE IN DIVORCE AND NOW, ` , 4V ~ , ~OD~ IT IS ORDERED AND DECREED THAT ~Santiac~o MarrPrc~ ,PLAINTIFF, AND Martha Marrero ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; All property issues resolved p OF CUMBERLAND COUNTY STATE OF PENNA. ~ ,: BY THE COURT: ~ ~ ~ p~~ ~v ~"d .~ ~~~ ~, ~s ~o. ~ -,~