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HomeMy WebLinkAbout02-5715DONITA M. FISHER, Plaintiff ROBERT J. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002- -';7l~" CIVIL TERM : CIVIL ACTION - LAW : 1N 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 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 Prothonotary's Office at the 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. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 DONITA M. FISHER, Plaintiff ROBERT J. FISHER, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002- ~5-?/~' CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE The Plaintiff, Donita M. Fisher, through her attorney, Thomas S. Diehl, makes the following Complaint in Divorce, and, in support thereof, avers as follows: 1. The Plaintiff, Donita M. Fisher, is an adult individual who currently resides at 842 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. The Defendant, Robert J. Fisher, is an adult individual who currently resides at 842 West North Street, Carlisle, Cumberland County, Pennsylvania 17013. 3. The Defendant and the Plaintiff have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on February 22, 1985 in Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. WHEREFORE, the Plaintiff, Donita M. Fisher, respectfully requests your Honorable Court to enter a decree in divorce pursuant to 23 P.S. ~ 3301(c) or 3301(d) of the Divorce Code. Date: NOV 2 7 2002 Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pennsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX VERIFICATION 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. § 4904, relating to unsworn falsification to authorities. DONITA M. FISHER, Plaintiff IKord/Templates/Domestic~Divorce Complaint DONITA M. FISHER, Plaintiff Vo ROBERT J. FISHER, Defendant : IN THE COURT ,OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2002-5715 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 26th day of December 2002, comes Thomas S. Diehl, Esquire, Attorney for the Plaintiff, Donita M. Fisher, and states that he had cause 'to be mailed a certified copy of a Complaint in Divorce to the Defendant, Robert J. Fisher, by certified, restricted delivery, return- receipt requested. A copy of said receipt is attached hereto indicating service was made on December 7, 2002. Respectfully submitted, Attorney for the Plaintiff One West High Street, Suite 208 Post Office Box 1290 Carlisle, Pelmsylvania 17013 (717) 240-0833 (717) 240-0893 - FAX · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. o-'-, ,,our name al~L~ldress on the reverse · ~';~1:; we C~'~he card tO you · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ROBERT FISHER 842 W. NORTH STREET CARLISLE, PA, 17013 t"l Agent ~ E] Addressee B. Received by ( Name) Dl~[[e of {~tivery ,~e Is delivery address different from item 17 [] Yes ~/ If YES, enter deliven/address below: [] No ~ { 102~1 2. ArticleNumber 7002 0860 0001 5850 6288 (Transfer from service label) Domestic Return Receipt PS Form 3811, August 2001 DONITA M. FISHER, Plaintiff V4 ROBERT J. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2002-5715 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on December 2, 2002. 2. The marriage of the 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. 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. § 4909 relating to unswom falsification to authorities. DONITA M. FISHER, Plaintiff 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 in 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 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. § 4909 relating to unswom falsification to authorities. DONITA M. FISHER, Plaintiff DONITA M. FISHER Plaintiff VS. ROBERT J. FISHER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5715 CIVIL TERM CIVIL ACTION - LAW 1N 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 ifI 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. {}4904, relating to unsworn falsification to authorities. Robert J. FiSher, Defendant DONITA M. FISHER Plaintiff VS. ROBERT J. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5715 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 December 2, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing 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. 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. CS. § 4904, relating to unsworn falsification to authorities. Date: Robert J. Fis'~, ~efendant DONITA M. FISHER, Plaintiff ROBERT J. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002-5715 CIVIL TERM CIVIL ACTION o LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THEPROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown ander § 3301(c) 9$qgq0ff) of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the Complaint. Service was made on December 7, 2002 by certified mail, restricted delivery to Defendant, Robert J. Fisher. Code: Code: 3. (Complete either paragraph (a), or (b).) (a) Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce by the Plaintiff: July 14, 2003; by the Defendant: August 13, 2003. (b) (1) Date of execution of the Plaintiffs Affidavit required by § 3301(d) of the Divorce (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: Thc parties have entered into a mutually agreed Property Settlement Agreement, attached hereto. 5. (Complete either (a) or (b); (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, and a copy of which is attached: (b) Date of execution of the Waiver of Notice of Intention to File Divorce Decree as required by § 3301(c) of the Divorce Code: by the Plaintiff: July 14, 2003; by the Defendant: August 13, 2003. Attorney for Plaintiff IN THE COURT OF COMMON PLEAS DONITA M. FISHER, Plaintiff OF CUMBERLAND COUNTY STATE Of ~~.. PENNA. No. 2002-5715 VERSUS rObfRT J. FiShfF~ Defendant AND NOW, DECREED THAT DECREE IN DIVORCE DONITA M. FISHER AND ROBERT J. FISHER , PLAINTIFF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICh HAVE BEEN RAISED Of RECOI~D IN THIS ACTION FOR WHICH a FINAL ORDER HAS NOT YET BEEN ENTERED; NONF