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Home My WebLink About97-01487 I ~ j ~ .I I I li ! i , ! . I ;: .I . , ' - ~ ~ LL , I ! , I i j , \ '\ i / // , '- ~ j KIK R. FISHEL, ' ----.--------.------------..-.---------.------ La tkc Coun 01 c-... Plaa 01 c-bedu:d ColllllY, PIlIIIIfMaU. _.__.____..?.lIi>>~._____ .- VI. N,l. .__._J]_-_l~Dl___________ CmL '9.~1.__ JOHN F. FISHEL, ---_._----.--------~. T 1 .-- Civil Action - Law ---------------------.-------.-------------- Defendant ---------- ....& 1.1 . b. .... _._JUl_QjY~e_. ........________..._______.... ----- ____e. --J'.M~l1J__tq_'!IIU>>.M.li_________. _______~ 1.. ----- --.-------------_.......~.. -------------------------------------....-.------------------------ .To .!~!__~~~~~~~~tIl.__________._________....._.________________________...._____________._ "<. -------------------------------- P!~~.!ll.h_<!.:.~Jl'.!!..~~il~~.j.!'..!U.!2!a....llt.'J1At~1I11~n._~Il\lJlt.ll...f.llcd..JlJt...tbc:.l'J.Aint if f in cO!,!,e..c ~!on w~~__~~~~f?::.!.e.~!2.l'$..<!._1!U!Jl_r_..___.______..__._______________________ ____.a.. .... - -------------. ......-....--.----.... -..........---.--.. To _HIIR!NC! E. WELKE~. . .....- Prachoaocaty July 1, ... 19..'tL J1~J.l- 7J Kadalaine N. Baturin, 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorney ID' 68971 /.", L__ ." --" D..... , ~.. II I _ _, for PIai::tiff. No. __.2Z:-lML___ Tma, 1,_2~~__ KIM R. FISHEL ----..-------- '" JOHN F.:..!J!.I!!W!.u-___________ Pll.'ICI PI FiIcd ----___....I~~.J..1 19.tL_ .~~l'l!.L!!.!:J!.du.._____. Ally IATUIIN , IATUIIN 7'7 North Soeond Stroot lrirrii6iiri:"Jrtn-02----- r. .0 0 C -.l "1 . "I - - .\~ ".,ill .-J ,9 - '0 I -0 "" '.-n - ~M -" '" ;--;m :~-t ~ ~ ~< IJ'l .... .,-="'":O KIM R. FISHBL, . IN THE COURT OP COIIIION PLEAS . Plaintiff . CUMBBRLAHD COUNTY, PBIOfSYLVAIIIA . . 97- /l/S7 a-L~~ t. . v. . NO. . . . JORH P. FISHEL, SR., . CIVIL ACTION - LAN . Defendant . IN DIVORCE . NOTICE TO DIsJtISlCD AND CLAIM RIGHTS YOU RAVE BBBII SUBO IN COURT. If you wish to defend against the claias set forth in the following pages, you aust take proapt action. You are warned that if you fail to do so, the case aay proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judqaent 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, 1 Courthouse Square, Carlisle, PA 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 TAXE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT RAVE 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 REPERRAL SERVICE COURT ADMINISTRATOR CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 240-6200 BATURIN , BATURIN By: J)1...,.'<.J..... 17 !f-:J::: Madelaine N. Baturin, Esquire Attorney 101 68971 717 North Second Street Harrisburq, PA 17102 (717) 234-2427 DATED: Karch 19, 1997 KIM R. FISHEL, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO: . : JOHN F. FISHEL, SR., . CIVIL ACTION - LAW . Defendant . IN DIVORCE . COUNT I COMPLAINT UNDER SECTION 3301 eCl OF THE DIVORCE CODE 1. The Plaintiff is Kim R. Fishel, an adult individual, sui juris, who currently resides at 43S Water Street, New cumberland, CUmberland County, Pennsylvania, 17070. 2. The Defendant is John F. Fishel, Sr., an adult individual, sui juris, who currently resides at 438 Water Street, New CUmberland, Cumberland County, Pennsylvania, 17070. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of the Complaint. 4. The Plaintiff and Defendant were _rried on May 22, 1993, in York Springs, Adams county, Pennsylvania. 5. There has been no prior action for divorce or annulaent of the marriage between the parties hereto in this or any other juriSdiction. 6. The Plaintiff and Defendant separated on September 1, 1996. 7. Both the Plaintiff and the Defendant are united stata. Citizens. t t S. Neither the Plaintiff nor the Defendant are presently members on active duty of the Armed Forces of the United states of America or any of its allies. 9. The Plaintiff avers that the grounds upon which this action is based is that the marriage is irretrievably broken. 10. The 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. Being so advised, the Plaintiff does not request that the court require the parties to participate in counselling prior to a divorce decree being handed down. WHEREFORE, the Plaintiff requests the court to enter a decree of divorce. comrr II CUSTODY 11. All of the averments in Paragraphs 1 through 10 are incorporated herein as though each was set forth under Count II as in Count I. 12. The Plaintiff and Defendant are married. 13. The Plaintiff is the natural IIOther of the sub1ect children to this CUstody Complaint. The Defendant is the nstural father of said children. 14. The Plaintiff and Defendant are the natural parents of one child, COOl CATHERINE FISHEL, who is 2 years of age, born 5/22/93. Said child was not born out of wedlock and is the subject of this Custody Complaint. 15. The said minor child, Codi Catherine Fishel is presently with her natural mother and father residing at 438 Water Street, New Cumberland, Cumberland County, Pennsylvania, 17070. 16. Plaintiff/natural mother seeks primary legal and primary physical custody of the parties' minor child. 17. The said minor child has resided at the following addresses since birth: ADDR_S DArB PBRSON(Sl V-IDRD Ifrl'H 43S Water street New CUlllberland, PA 17070 5/22/93 to present natural IIlOther natural father 18. Plaintiff has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of said minor child. 19. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Co-.onwealth. 20. The best interest and peraanent welfare of the said ainor child will be served by granting the relief requested because: a. Plaintiff/natural IIlOther h well able to adequately provide for the continuing health, educational needs and veneral welfare of the children: b. Plaintiff/natural mother is well able to adequately provide the said child with a proper and wholesome environment, Physically, emotionally, PSYchologically and Socially, within which to live; c. Plaintiff/natural mother was a primary caretaker of said child and liVed with her on a full time basis since the birth; 21. The Plaintiff knows of no other person or party to the within prOCeeding, who has physical custody of Codi Catherine FiShel or who claims to have custody or visitation rights with respect to her. WHEREFORE, the Plaintiff requests this Honorable Court to grant the relief requested, and any other relief deemed appropriate, and enter a Final Order granting primary legal and prbary physical custody of the minor child, Codi Catherine Pishel, to the Plaintiff, Xim R. FiShel. RespectfUlly SUbaitt&d, DATED I Harch 19, 1997 BATtJRIH , BATURIH By: J}lJ~i_7J t~_/~ Hadelaine H. Baturin, laquire Attorney for Plaintiff Attorney ID , 68971 717 North Second St~t Harrisburg, PA 17102 (717) 234-2427 i . KIM R. FISHEL, . IN THE COURT OF COMMON PLEAS . Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . v. . NO: 97-1487 . . . JOHN F. FISHEL, SR., . CIVIL ACTION - LAW . Defendant . IN DIVORCE . CERTIFICATE OF SERVICE I, Madelaine N. Baturin, of the law firm of Baturin , Baturin, attorneys for the Plaintiff in the above-captioned matter, do hereby certify that on March 26, 1997, I deposited in the United States Mail, at the United States Post Office, Federal Square Station, Harrisburg, Pennsylvania, an article of Certified Mail, Return Receipt Requested, Restricted Delivery, a certified copy of the Complaint in Divorce, bearing Article No. Z 025 561 386, addressed to: John F. Fishel, 438 Water Street, New CUmberland, PA 17070. The said article of Certified Mail, as shown by the Postal Return Receipt Card was received by the Defendant herein on March 31, 1997, and according to salle, was signed by him, to wit: John F. Fishel, which card is attached hereto and marked as Exhibit "A", along with the deposit slip dated March 26, 1997, for said article of Certified Mail aforementioned. BA~N , BATURIN /'l-r--- By: 'lNv'-- 714?-t Madelaine N. Baturin Attorney I.D. , 68971 717 North Second Street Harrisburg, PA 17102 (717) 234-2427 Attorneys for Plaintiff Dated I April 7, 1997