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Home My WebLink About94-06683 , .....f .. '..~ I I ~ J ::! ! . ~/ I ! :;)-1 0-1 ~I I I " :. .' . , CA TIlERfNE SALVADOR, PLAINTIFF : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA VS, : NO, q tJ. - 4 ':l. '7 6.~;:r ~ : CIVIL ACTION - LAW TODD A. PERRY. DEFENDANT : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU IIA VE 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 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 impor!antto you, including custody or visiu.tion 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION 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 TfIIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO NOT HAVE ALA WYER 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 EXHIBIT A TRUE COPY FROM RECORD In Testimony whereof, I here unto set my hand and the seal of said Ccurt at Carlisle, PI. This J~.:t.LdaY 01-& 19~Y. ~~ l1;L Pr~thon~A 'rr' " . 10, The marriage is irretrievably broken. 11. The Plaintiff avers that she has been advised of the availability of counseling and that she may have the right to request that the Court require the parties to participate in counseling. Wherefore, the PlaintitTrequests this Honomble Court to enter a Decree of Divorce in this matter pursuant to 3301(c) or 3301(d) of the Divorce Code. COUNT II - EOUITABLE D1STRmlITION 19. The avennents of Pamgraphs I through II are incorpomted herein by reference. 20, Plaintiff and Defendant have acquired property, both real and personal during their marriage from August of 1984 until August of 1991.lhe date of their sepamtion. 21. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. Wherefore, PJaintitTrequests your honomble Court to equitably divide all marital property. C!(~~ / Keith B. DeArmond, EsquireV Attorney ID Number 58878 2800 Market Street Camp Hill, P A 17011 (717) 730-9394 DATE: pi .1994 " . -' UW O"lel. SNELDAKER 4 BRENNEMAN it is averred that the parties were intermittent romantic partners and resided together intermittently trom in or about August of 1984 until in or about August of 1991, but were never married to each other. 6. Admitted in part and denied in part. It is admitted that neither party has instituted any prior action of divorce or annulment in this or any other jurisdiction. It is denied that there was ever a marriage between the parties. On the contrary, it is averred that the parties were never married to each other. 7. Admitted in part and denied in part, It is denied that there are two children by the marriage, On the contrary, it is averred that Plaintiff and Defendant have never been married to each other and therefore, could not have produced children "by this marriage." It is admitted that Plaintiff is the mother of Leah Salvador, born February 1, 1986 and Gabrielle Salvador, born July 25, 1989, After reasonable investigation, Defendant is without knowledge or information sufficient to form a belief as to the truth of the implied averment that he is the father of the two children named hereinabove. By way of further answer, it is averred that Defendant declined to acknowledge paternity of the two children in the child support case initiated by Plaintiff against Defendant docketed at No, 847 Support 1994, Domestic Relations Section, -2- .' "." '. '. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C,S. 54904 relating to unsworn falsification to authorities. -0 -.':"'1 (~'r, I.' (t' , A. ~r....~ 't'l ...... T9ddA. Perry Date: Novenbel: 23, 1994 LAW a",cE.. SNELBAKER 6 BRENNEMAN LAW O....ICIl SNELbAKIR a BRENNEMAN 5, On or about June 8, 1994, Salvador was served with a Notice to Quit the premises of 1520 High Meadow Lane, Camp Hill, (Lower ...,llen Township) Cumberland county, pennsylvania. Perry successfully obtained an Order For possession from District Justice Clement following a hearing, Salvador appealed the mat~er to this Court, resulting in Perry filing the above referenced Action in Ejectment. 6, The oral deposit.i.on of Salvador was scheduled by agreement of counsel for ThurDday, February 16, 1995 at 10:00 o'clock A,M, at the law offices of Snelbaker & Brenneman, p, C. located at 44 West Main Street, Mechanicsburg, Pennsylvania. Written notice of the deposition was provided in the form of letters from Perry's counsel to Salvador's counsel dated January 25, 1995, February 13, 1995 and February 15, 1995, copies of which are attached hereto as Exhibits A, Band C, respectively. 7, No objection was made to the written notice of deposition described in Paragraph 6 hereinabove. 8. Salvador did not appear at the scheduled deposition, 9. Counsel for Salvador has indicated that Salvador was aware of the scheduled deposition. 10, Salvador's deposition testimony is necessary to move the several pending actions toward final resolution. -2- SNELBAKER. a BR.ENNEMAN ^ PkOfl1)IONAL COIlPOMnON ^TTORNEn ^T ~w 44 WU T MAIN ~ TREET MECHN-lIC5BURG, PENN5YLV^N,^ 17055 JUCHAJIlD C. ~NE.LlAXER Klm-l O. IkfNN!MAN PHIUP H. SPAkE 711 6Ql.8!)28 P. o. aox 3US fAC)IMILE (Jll) 801.1081 February 13, 1995 Keith B.' DeArmond, Esquire 2800 Harket street camp Hill, PA 17011 Re: Perry v. Salvador Salvador v. Perry Various Domestic Relations Hatters Dear Hr. DeArmond: This letter will confirm that your client has not responded to my client's proposed Settlement Agreement which was provided to your office on January 25, 1995. As this matter has not been settled, I will see you and your client at this office on Thursday, February 16, 1995 at 10:00 A.H. for the purpose of taking your client's oral deposition as previously agreed. Very truly yours, Philip H. Spare PHS/sz CC: Todd Perry EXHmIT B >- ".:::l "- u; C,') '-: -, f~. . -. , 1-!'[;) - / .:' ~ '. ') . ~i:h '.1: 1~;';~ ; ~[!, :, :.:., U') . '" . '. , oIl;. I I;. , fr!,'/ , C. I\.j J"'"-. Ll..1 ! . ~ r:~ l... l1~ t..~ ~'i LI 0', U