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Home My WebLink About94-02249 o .c - a ~ o c .~ ~ ft J 0-... ":::t-. ~! , . ~: I , i .~ 0' .. ,Ill *****~*~~*~*********)*:~:******~.~ ~ I - .'~-'- -'_.~-'--'~---~'--_._,,------- --.---. .._--- ~ ~I ~ .. '.' ~. IN THE COURT OF COMMON PLEAS ~ ~I ~ ~ OF CUMBERLAND COUNTY ~ ~ ...~~ /J ., f~ 4 ,. -.'" .'. .\'. .'.# .-r PENNA, ~ ',' STATE OF ~ ~ ',' ~ SHERRY L. HMARINO, Plaintiff i\: (I. 94,::-,22.,~,9.,,_, ....,...,.. 1<) 94 ~ ',' ~ .', ~, \"1',".,,11:; * ANGELO MARINO, Defendant ~ ~ ~ ,', ~ w '.' $ ~ ';0 ~ ',' w ',' ~ ~ '.' .:0 ~ ~ ~ i.. ~I "/ ~) ") ~ ~ DECREE IN ~ D I V 0 R C E iX '2- '.l(a PAS 2.. \ ,,, I~ , , . . . . , . . , . . , . . , , , , , . , , . , . " 19,...", it is ordered and ~ ~ AND NOW, .. ~ ',' decreed that. . ,~h,er7r, ,~~, M,a,r~n?, . , . , , , , , " . , . . , . . " , . . , , ", plaintiff, and.. , .. .. .. .. ..~n~~.l~ . ~ar,~~?.. , .. .. .. .. , .. . .. ' . .. .. , .. , ", 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; ~ ~ '.' ~ None ~ ....................................................... . ~ ',' .................................................... . ~ " ~ ~ ',' A(I J, ~~,~ Ct' '=~~ /.:k ' ~n'<. t::. .>9.1~ "7 f ~ Prolhol1olary ~ ,~ ~i ~I 7 . . .:.:. .:.:. -:.:- .:.:- ~ ~ ',' ~ ',' * ~ * (~ I~ )'.' i~ j'.' I... ~ * ~ .* .* ~ ~ :e -... .-.-'t. . _ _ . . _ ~ .*.***.~~***~**~.****~.*.~**~..~.~* " . >1~ /f!d& ~ n~ /07. 0).;:) .9Y' .. .- SHERRY L. MARINO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE ANGELO MARINO, Defendant : NO, 94-2249 CIVIL 1994 PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following infonnation, 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: May 9, 1994; United States mail, certified, restricted delivery, return receipt requested, postage prepaid. 3, Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by the plaintiff December 12, 1994; by the defendant December 12, 1994, 4, Related claims pending: none, ~ ~E E B, STOKES Certified Legal Intern Date /2-l.":J-PY i ~ t \ L- r . , I _'.. j ~'-- , THOMAS M. PLACE ROBERT E. RAINS LINDA E. FISHER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 ::<:: ~- ""::r .r...... en " - en ,"" ('oJ m ~ u, "'" " . APR 221994dY SHERRY L. MARINO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW IN DIVORCE, EQUITABLE : DISTRIBUTION tl4- JJLJq : NO, CIVIL 1994 ANGELO MARINO, 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 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 Courthouse Carlisle, PA 17013 717/240-6200 '" SHERRY L. MARINO, plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE, EQUITABLE DISTRIBUTION v, ANGELO MARINO, Defendant : NO. CIVIL 1994 COMPLAINT The Plaintiff, Sherry L, Marino, by her attorneys, the Family Law Clinic, sets forth the following cause of action. Count I DIVORCE UNDER 23 Pa,C,S, SECTIONS 3301 (C) AND (d) OF THE DIVORCE CODE 1. The Plaintiff is Sherry L. Marino, who currently resides at 320 Walnut Lane, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant is Angelo Marino who currently resides at 3400 Eastern Blvd" Apt. G17, York, York County, Pennsylvania 17402. 3. The Plaintiff has been a bona fide resident of the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on May 10, 1985 in Mechanicsburg, Cumberland County, Pennsylvania 17055. 5, The Plaintiff and the Defendant have lived separate and apart since November 14, 1991. 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 the 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. Count II. EOUlTABLE DISTRIBUTION 9, The Plaintiff repeats and real leges paragraphs one through five. 10. The Plaintiff and the Defendant have acquired marital property, including a 1989 Fleetwood Clairmont Mobile Home. Approximately $26,000.01 is owed on the mortgage, WHEREFORE, the Plaintiff requests that the court enter a decree dividing the property equitably between the parties. Date 1 /2..1.. 1ft'!' I , ~ ~~.Q)..-,- Ann St. Ledger Certified Legal Intern ~e.h~ Thomas M. Place Robert E. Rains Linda E. Fisher Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/240-5204 t.~_..*_.,.... __ i I r , I! II ,I " " i: ;1 i1 " COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND: SS, I verify that the statements made in this Divorce Complaint 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. G4904, relating to unsworn falsification to authorities. ~~ / Date: '1U. ~ ~ "'~/L~~~ - SheRf'L. Marino e ~ ~ ~ ,~ >- ",>- -to- ;~t:~."'-~ ".\..)(......: ;~ I":.~.;.: _ --. '. ~ <:I ~ ~"t) <:> .... N .., e r::-;, '" n: u.. ~ ;..; ..' I ~-,: '. .~.,.;,~.-.f ......... I i .. .. APR 2, 2 1894 dY SHERRY L. MARINO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY , PENNSYLVANIA v, , . : CIVIL ACTION - LAW : IN DIVORCE, EQUITABLE DISTRIBUTION No. Cf4. ~~LICf : NO. CIVIL 1994 ANGELO MARINO, Defendant ORDER OF COURT . rli- AND NOW, this 2.J day of A I'J~ I L-, 1994, on consideration of the attached petitioner's Affidavit, leave is granted to the petitioner to proceed in forma pauperis to the extent that she is relieved of all costs in this action. By the Court, /lc2L" I r:; J{~ I J. '-' APR 20 2 31,'1\ '9~ nPR 28 '.1r ;Ict at".. ,,;iIO~';"^It, eJH. E::; ,t,.;tJ C)"":u~,TY ":1: liS;,: \I/.Ii ... Of ; ',:;.. . ,FICE CUI'.'i,i:".' ',,~Or.fi~TAItY .... ...... IV ;'!'~TY "f.Ii~ YL'i,,'>iIA " " .' " SHERRY L, MARINO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE, : EQUITABLE DISTRIBUTION '14 . JJ 4'1 : NO. CIVIL 1994 ANGELO MARINO, Defendant PETITION TO PROCEED IN FORMA PAUPERIS Sherry L. Marino, the Plaintiff in the above titled action, respectfully requests this Honorable Court to grant her leave pursuant to Pa.R.C,P. 1920.62 to proceed in forma pauperis to the extent that she be relieved of all costs attendant to this action. Date '-I h ')./ fN . , r2.- ,b( Li--- Ann St. Ledger Certified Legal Intern ~E.~ THOMAS M. PLACE ROBERT E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 4S North Pitt Street Carlisle, PA 17013 717/243-2968 ANGELO MARINO, Defendant : NO, CIVIL 1994 " SHERRY L, MARINO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACflON - LAW : IN DIVORCE, EQUITABLE DISTRIBUTION ATrORNEY'S AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS I, Ann St, Ledger, of the Family Law Clinic, attorney for the party petitioning to proceed in fonna pauperis, certify that I believe petitioner is unable to pay the costs of instituting this action and that I am providing free legal service to petitioner, Plaintifrs Affidavit showing inability to pay the costs of litigation is attached hereto, Date 't/ 2 "loll{ l./ ~ JI ~/ Ann St, Ledger Certified Legal Intern ~b.t=;~ THOMAS M, PLACE ROBERT E. RAINS LINDA E. FISHER HARVEY A. FELDMAN Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE, EQUITABLE DISTRIBUTION SHERRY MARINO, Plaintiff ANGELO MARINO, Defendant : NO. CIVIL 1994 AFFIDAVIT SUPPORTING PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS TO TIlE HONORABLE JUDGES OF SAID COURT: The Petitioner, Sherry L. Marino, residing at 320 Walnut Lane, Carlisle, Cumberland County, Pennsylvania, upon her oath deposes and says: 1. I am the named plaintiff in the above titled civil cause of action and the defendant is Angelo Marino, 2. This affidavit is made to inform the court as to my status of indigency and to induce the court to grant me leave to proceed in this cause as an indigent, 3. In making this affidavit, I am aware that perjury is a felony and that the punishment is a fine of not more than $3,000 or imprisonment for not more than seven years or both, 4. I do not have any money on my person, at home, or elsewhere which could be used for the expenses of this proceeding. 5, I do own a 1989 Fleetwood Clairmont mobile home. Approximately $26,001.30 is owed on the mortgage. I am not owed money by any person. 6. My husband, Angelo Marino, presently resides at 3400 Eastern Blvd., York, York County, Pennsylvania. He is 31 years old. (a) I last lived with my husband on November 14, 1991. (b) My husband is employed in a Ciervo's Pizza Shop, Harrisburg, Dauphin County, " Pennsylvania, (c) My husband has been ordered to pay child support in the amount of $75 per week, He has not made a child support payment since May, 1993, 7. 1 have 2 children: Dale E. Johnson III, born on March 29, 1978, and Jennifer Lynn Marino, born on November 21, 1985. Since April 10, 1994, Dale has resided with my sister, Polly Small, in Hampton, Pennsylvania. Jennifer resides with me at 320 Walnut Lane, Carlisle, Cumberland County, Pennsylvania 17013. 8. 1 have been unemployed since March, 1994. 9. My social security number is 176-56-9110. 10, 1 have the following monthly income: $402.00 Welfare (I have advised the welfare office that my son has recently moved out. Beginning in May, the amount will be adjusted; 1 will receive $316/month.) $274.00 Food Stamps (This amount also will be adjusted in May.) 11. My monthly expenses are as follows: $232,28 Mortgage $274,00 Food 22.00 Clothing 40.00 Gas (U,G.I.) 40.00 Transportation 77.00 Electric 265.00 Lot Rent for Mobile Home (to increase to $280 next month), 35.00 Phone TOTAL $ 958.28 12. My husband and 1 had a checking account earlier in our marriage. That account is now closed. 13. 1 am the owner of a 1982 Ford Futura automobile. " 14. I understand that I have a continuing obligation to inform the court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. IS, 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. A4904, relating to unsworn falsification to authorities. WHEREFORE, petitioner prays that this Honorable Court grant petitioner leave to proceed in forma pauperis in the above titled action without fee or cost to the petitioner, Da~;/?? ~9~ / ~~ 07'//LU~d1 Sherry L. arino , ., " 1_ '. .:. ()f-- 1,--,,' I SHERRY L, MARINO. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE. EQUITABLE DISTRIBUTION : NO, 94-2249 CIVIL TERM ANGELO MARINO, Defendant ORDER OF COURT AND NOW. this I L/dt of ;1z. ....(.".tt~1994. upon consideration of the attached Equitable Distribution Agreement, the same is APPROVED and ENTERED as an Order of Court. ~ ~",;:'r";'-_"~': DEe It I II 4S :\K '9~ I) f ~ (.~' I -, t' :i)f n '.;~L' ',!,' ~, I, I , ~ "f ,', ,-. ;:;: ' I ~, -' \ SHERRY L, MARINO. Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE ANGELO MARINO. Defendant : NO, 94-2249 CIVIL 1994 EOUlTABLE DISTRIBUTION AGREEMENT TII ^ THIS AGREEMENT. made this 12 day ofUJlJ'f~994. between Plaintiff. Sherry L. Marino, and Defendant, Angelo Marino, concerns the equitable distribution claim in the above- captioned divorce action. WHEREAS, the Plaintiff and Defendant desire to enter into an agreement as to equitable distribution and to have this agreement made an order of coun, the Plaintiff and Defendant agree to the following: 1. The panies agree that the only significant marital propeny is a 1989 Fleetwood Clairmont Mobile Home. Approximately $26,000,01 is owed on the mongage. and there is no equity in the mobile home, 2. The panies agree that the Defendant will relinquish his right to possession of the trailer, 3, The panics agree that the Defendant will relinquish all claims to the mobile home and the proceeds from its sale, if a sale is eventually held, 4, The panies agree that the Plaintiff will assume full responsibility for payment of the mongage and lot rental fee. 5, The agreement contains the entire understanding of the panies and there are no i""-C.~~;'" t:" , . : representations. warranties, covenants or undertakings other than those expressly set forth herein. 6, The parties acknowledge that they have read and understand the provisions of this agreement. Each party acknowledges that the agreement is fair and equitable and that it is not the result of any duress or undue influence, 7, The Defendant acknowledges that he has received no advice from the Family Law Clinic, except for the recommendation to obtain counsel. Date: / Z -/2- 9i ~~<-....L tf;-//7aI..~ v Sherry L, Marino ~~.4' ~@~~ -Angel Marino ~~\'/9~L-6L Michelle Stokes Certified Legal Intern , /_1 .........1- l' I 1=0. I L.( , Thomas M. Place Robert E, Rains Linda E. Fisher Supervising Attorney The Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 717/ 240-5203 or 717/243-2968 ~ \ SHERRY L, MARINO, Plaintiff " : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACfION - LAW : IN DIVORCE ANGELO MARINO, Defendant : NO. 94-2249 CIVIL 1994 CERTIFICATE OF SERVICE I, Ann St. Ledger, Certified Legal Intern, Family Law Clinic, hereby certify that I have served a true and correct copy of said Divorce Complaint on Angelo Marino, residing at 3400 Eastern Blvd. York, York County, PA by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid, this 6th day of May, 1994. Q~~ Ann St, Ledger Certified Legal Intel --- ~- _.....~."-...,.,,,'...,-----'..,. I R' I a110 wllh to ,aealv" .tlia . it,ms 1 and/or 2 fo, addlUoNl "rvlte1. 1'" ., I Itlms 3. and ... 6: b. following services (for In extra ~ P Mme and addt... on the NY.,.. o. thl. form 10 thAt w. can feel: t _lNi~~V:~M f,ont of the mlUpllce. Of on the back It 'pICI 1. 0 Addresses's Address en t permit. kL a .! . Write "Rlturn Receipt Requelled" on the malIplecI below thl.nldl number 2. )ll{. Restricted Delivery ft t.. . The Return Receipt wRl thaw to whom the .rtlcle w.. deUvered and thl dltl COf?sult altmB.tor for foe. j 1! d::~lele>>AJ:aFLO )J11l j!1 NO 4e, A,J.3timba, i :]:3'100 CasIERAJ.J3IV/J, aR~:r:;~~aJvpa Olnlu,ed a: I ~ 11- fJT2 () / '7 ~artlfied 0 COD I Ul / j .. 0 Exprall Mall 0 Raturn Receipt for ;~ y'tl.eJ( fJlI /7L/O;2- 7. Dlteof~ln'v. 91994 i '01: iZ 5 a: ' :~ ; a: 6. ;:; o ; >- PS Form .!! i ~ ~ ... 8. Addrullue'. Address (Only If requested oK end fee il paid) ~ , Oecember 1991 DOMESTIC RETURN RECEIPT ..v.s. GPO: 11tz 12).402 ,~ -.-"<..-.--- z.o^'- ~ ~~ P 734 297 921 II ~: ~ Certified Mail Receipt x:. No Insuranco Covorago Provided __ Do nol use lor International Mail .; ,:..'::a.p~':;t~ (See Aeverso) SUIlII '?h -//' ..... .: .. ~ -- -- ~~- ~.ft _ ; ~ Bm1I ~ Ci>'l,t,(>,j f(Or! ~;Vl'(lal D..hvl"~ r.w Il"~lli,!t'(l Ot'l","~ f.", ,. ..... ~ '.:0. -... ? --, -::r en - ::c ~ .... ..... !:::::! ;;,.. _1-': 10.,; t..: ., ~t C;~ ~ ~-' x ("""0(-'.' :. \.~-: ,- ,..., '., .r ;.'r .j!;I::j ;:i~ :.:., 6L' - ... ::c : SHERRY L. MARINO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v, : CIVIL ACTION - LAW : IN DIVORCE, EQUITABLE DISTRIBUTION : NO. 94-2249 CIVIL TERM ANGELO MARINO, Defendant AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code was filed on April 28, 1994. 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, ~ 4904, relating to unsworn falsification to authorities, Date /,;!- /;t - '1'/ .~~~//ku~ ANGE 0 MARINO Defendant -::r Q") ~~ .h = C_ '" M N ,..., <.> u., <=> ; .' SHERRY L. MARINO, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : CIVIL ACTION - LAW : IN DIVORCE, EQUITABLE DISTRIBUTION : NO. 94-2249 CIVIL TERM ANGELO MARINO, Defendant AFFIDAVIT OF CONSENT I. A Complaint in Divorce under Sections 3301(c) and 3301(d) of the Divorce Code was filed on April 28, 1994. 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 nlJt 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, ~ 4904, relating to unsworn falsification to authorities. Date/fi)~~ " /:'/ , L ~ . ~. ,../:'/f.kCi:./ ';f. -//1~r SHERRY t. MARINO Plaintiff " " =- en = c... , t."> ...., l"J ~r~ )~ c-> :. c.> UJ =