HomeMy WebLinkAbout02-4500TAMARA J. PETRUCCI,
Plaintiff
VS.
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. ~" d'/l~"~ Or.
: CIVIL ACTION - LAW
: IN DIVORCE
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 action. You are warned that, if you fail to do so, the case may
proceed without you and a decree of divorce or annulment 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, Cumberland County Court of Common Pleas, One Courthouse Square, Carlisle,
Pennsylvania 17013.
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.
LAWYER REFERRAL SERVICE
OF THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PA 17013
(717) 249-3166
TAMARA J. PETRUCCI,
Plaintiff
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION - LAW
: IN DIVORCE
AVISO PARA DEFENDER Y RECLAMAR DERECHOS
USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas
expuestas en las paginas seguientes, debe romar accion con prontitud, se le avisa que si no se
defiende, el caso pude proceder sin usted y decreto de divorcio o anulamiento puede set emitido en
su contra por las Corte. una decision puede tambien ser emitida en su contra por caulquier otra quej a
o compensacion eclamados pot el demandante. Usted puede perder dinero, o propiedades u otros
derechos importantes para usted.
Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio,
usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible
en la oficina del Prothonotary, en la Cumberland County Court of Common Pleas, One Courthouse
Square, Carlisle, Pennsylvania 17013.
SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL,
HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO
FINAL DE DIVORCIO O ANULAMIENTO SEA EMTIDO, USTED PUEDE PERDER EL
DERECHO A RECLAMAR CUALQUIERA DE ELLOS.
USTED DEBE LEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SO NO
TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA
INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA
LEGAL.
LAWYER REFERRAL SERVICE
OF THE CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVE.
CARLISLE, PA 17013
(717) 249-3166
TAMARA J. PETRUCCI,
Plaintiff
VS.
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: CIVIL ACTION - LAW
· IN DIVORCE
COMPLAINT UNDER SECTION 3301(C)
OR 3301{D) OF THE DOMESTIC RELATIONS CODE
And now comes Plaintiff, Tamara J. Pet~ucci, by and through her attorneys, Law Offices of
Craig A. Diehl, and files this Complaint in Divorce, respectfully stating in support thereof the
following:
1. Plaintiff is Tamara J. Petrucci, an adult individual who currently resides at 208
Norman Road, Camp Hill, Cumberland County, Pennsylvania 17011.
2. Defendant is Nicholas J. Petmcci, an adult individual who currently resides at 2104
Wentworth Drive, Camp Hill, Cumberland County, Pennsylvania 17011.
3. Both the Plaintiff and the Defendant have been bona fide residems of the
Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this
Divome Complaint.
4. Plaintiff and Defendant were married on September 13, 1997, in Cumberland
County, Pennsylvania.
5. The parties have been separate and apart within the meaning of the Pennsylvania
Domestic Relations Code since July 5, 2002.
6. There have been no prior actions of divorce or for annulment between the parties.
allies.
7. Defendant is not a member of the armed forces of the United States or any of its
8. Plaintiff avers that the marriage is irretrievably broken.
9. Plalntiffhas been advised of the availability of counseling and that Plaintiff may have
the right to request that the court require the parties to participate in counseling. Plaintiff does not
desire counseling.
WHEREFORE, Plaintiff respectfully requests that this Court enter a Decree of Divorce.
LAW OFFICES OF CRAIG A. DIEHL
;dina e~ ' iCD1 ~foe.1 ~e~¢ 6E~ qu~ r e -u
~4 ~4dma~?i~ie REad
Camp Hill, PA 17011
(717) 763-7613
Attorney for Plaintiff
TAMARA J. PETRUCCI,
Plaintiff
YS.
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO.
: CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I, TAMARA J. PETRUCCI, verify that the statements in the foregoing DIVORCE
COMPLAINT are tree and correct to the best of my knowledge, information and belief. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904, relating to
unswom falsification to authorities.
Date:
TAMARA J. PETRUCCI,
Plaintiff
VS.
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-4500 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF SERVICE
I, Linda A. Clotfelter, Esquire, counsel for Plaintiff, Tamara J. Petrucci, do hereby affirm that
the original return receipt of the Complaint in Divorce sent by Certified Mail, Restricted Delivery,
Return Receipt Requested, which return receipt appears to contain the signature of Nicholas J.
Petmcci, is set forth below. The undersigned understands that the statements herein are made subject
to the penalties of 18 P.S. § 4904 relating to unswom falsification to authorities.
NICJ-t-OL 5 ..[. l rguC, z..'Z
Form 3811, JuN 1999
Domestic Return Receipt
Dated:~
LAW OFFICES OF CRAIG A. DIEHL
L-~da A.-C~offelter, Esquire
~4~6~m;nY. nI~l eN;~ 7ad2963
Camp Hill, PA 17011
(717) 763-7613
TAMARA J. PETRUCCI,
Plaintiff
VS.
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
: NO. 02-4500 CIVIL TERM
;
: CIVIL ACTION - LAW
: IN DIVORCE
CERTIFICATE OF SERVICE
AND NOW, this /~ day of O ~,_'~O ~ ,2002, the undersigned
hereby certifies that a tree and correct copy of the foregoing AFFIDAVIT OF SERVICE was served
upon the opposing party by way of United States first class mail, postage prepaid, addressed as
follows:
Nicholas J. Petmcci
2104 Wentworth Drive
Camp Hill, PA 17011
LAW OFFICES OF CRAIG A. DIEHL
By: J.,t~/~ l l~----~'~l~t..~,'~
3464 T~dle Road
Crop Hill, PA 17011
(717) 763-7613
TAMARA J. PETRUCCI,
Plaintiff
VS.
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-4500 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
September 18, 2002.
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 fights concerning alimony, division of property, lawyer's
fees and 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:/-~O' O-~,~
~ TAMA1La, ]. P~-~R0-~C~I, Plaintiff
TAMARA J. PETRUCCI,
Plaintiff
VS.
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-4500 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE iDECREE
UNDER § 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 fights 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 tree and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unswom
falsification to authorities.
Date:
-P aintiff
TAMARA J. PETRUCCI,
Plaintiff
NICHOLAS J. PETRUCC1,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 02-4500 CIVIL TERM
CIVIL ACTION - LAW
: IN DIVORCE
AFFIDAVIT OF CONSENT
A Complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on
September 18, 2002.
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 and 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 unswom
falsification to authorities.
Date:
NICH I, Defendant
TAMARA J. PETRUCCI,
Plaintiff
VS.
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-4500 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO
REQUEST ENTRY OF A DIVORCE DECREE
UNDER § 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 aker 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 unswom
falsification to authorities.
Date:
NICH~~RUCCI, Defendant
TAMARA J. PETRUCCI,
Plaintiff
NICHOLAS J. PETRUCCI,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 02-4500 CIVIL TERM
: CIVIL ACTION - LAW
: IN DIVORCE
PRAECIPE TO TRANSMIT RECORD
TO THEPROTHONOTARY:
Kindly transmit the record, together with the following information, to the Court for entry of a
divorce decree:
Code.
The ground for divorce is irretrievable breakdown under Section 3301 (c) of the Divorce
2. The Complaint was filed on September 18, 2002.
3. Date and manner of Service of the Complaint: September 28, 2002, by Certified Mail,
Restricted Delivery, Return Receipt Requested, as evidenced by the Affidavit of Service filed on October
2, 2002.
4. The Plaintiffs Affidavit of Consent was executed by the Plaintiff on January 30, 2003, and
filed on February 3, 2003. The Defendant's Affidavit of Consent was executed on January 27, 2003, and filed
on February 3, 2003.
5. Plaintiff executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree
under 3301 (c) of the Divorce Code on January 30, 2003, and said waiver was filed on February 3, 2003.
Defendant executed a Waiver of Notice of Intention to Request Entry of a Divorce Decree under 3301 (c)
of the Divorce Code on January 27, 2003, and said waiver was filed on February 3, 2003.
agreement.
There are no related claims pending. The parties have resolved all related issues by oral
Respectfully submitted,
LAW OFFICES OF CRAIG A. DIEHL
Date:
B( Lin'~a A. Clotfelter, Esquire
k,.~Att, ol~ey I.D. No. _72963
3-4'64 Trindle Road
Camp Hill, PA 1701 l
(717) 763-7613
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE OF
TAMARA J. PETRUCCI~
Plaintiff
VERSUS
NICHOLAS J. PETRUCCI,
Defendant
PeNNA.
NO.O2-4500 CIVIL TERM
AND NOW,
DECREED ThAT
DECREE iN
DIVORCE
T~~ARA~TRUCCI
NICHOLAS J. PETRUCCI
, IT iS ORDERED AND
, PLAINTIFf,
, DEFENDANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURiSDICTiON OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD 1N THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YEt BEEN ENTERED;
NONE
BY f:
~ROTHONOTARY
~o. ~! - c