The URL can be used to link to this page

Home My WebLink About03-0156 JUDY L. FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA. VS. : NO. GREGORY E. FISHER, : : CIVIL ACTION. LAW Defendant : IN DIVORCE ~NOTICE TO DEFEND AND CLAIM RIGHT~ 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 at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 7013. 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 OFFlCE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 JUDY L. FISHER, Plaintiff VS. GREGORY E. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. CIVIL ACTION. LAW IN DIVORCE AVISO PARA DEFENDER y RECLAMAR DERECHOS USTED/-IA S/DO DEMANDADO EN LA CORTE. Si desea de£enderse de/as quejas mestas cn/as pfiginas siguientes, debe tomar acci6n con prontitud. Se ~e avisa que si no se defiende, e~ caso pucde proceder sin usted y decreto de divorcio o anulamicnto pued¢ set cmitido en su contra pot la Corte. Una decisi6n puede tambi6n set emit/da cn su contra pot cua~quier otra queja o compensaci6n rec]amados pot ¢1 demandant. Usted puede perder d/nero, o propiedades u otros dcrechos importantes usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable del matrimonio, usted puede solicitar consQo matrimonial. Una lista de consejeros matrimoniales est~i disponible en la oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. 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 EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 L/betty Avenue Carlisle, PA 17013 (717) 249-3166 JUDY L. FISHER, Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA. VS. : : NO. 0 GREGORY E. FISHER, : : CIVIL ACTION _ LAW Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301 C OF THE DIVORCE CODE ~COUN AND NOW, this ~day of Plaintiff, Judy L. Fisher, by her attorney, Jane ~. cause of action of which the following is a staten ~, 2003, comes the xander, Esquire, and fi s~is Complaint upon a 1. Plaintiff is Judy L. Fisher, 51 years o~ e, who currently resides at 805 Wellington Drive, Carlisle, Borough of Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Gregory E. Fisher, 38 years of age, who currently resides at 49 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania, 17241. 3. Plaintiffand Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of the Complaint in Divorce. 4. The Plaintiffand Defendant were married on June 29, 1996 in Carlisle, Pennsylvania by a Minister. 5. There were no children born between the parties during this marriage 6. There were no prior actions in divorce or annulment commenced by the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and division. 8. The Plaintiffhas been advised of the availability of counseling and that the Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through no fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiffas to render her condition intolerable and life burdensome. WHEREFORE, the Plaintiff'prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Paragraph one (1) through nine (9) are incorporated herein by reference and made a part hereof. 11. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT III 12. The allegations of Paragraph one (1) through nine (9) and Paragraphs ten (10) and eleven ~11) are incorporated herein by reference and made a part hereof. 13. Plaintiff and Defendant have acquired property, both real and personal during their marriage. 14. Plaintiff and Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property of whatsoever kind and wheresoever situate and for such furt · equitable and.just her rehefas the Court may deem [ / ~.~. No. 07355 Dil sburg, PA (717) 432-4514 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. Section 4904 relating to un-sworn falsification to authorities. Date:/7~Z~=..] COMMONWEALTH OF PENNSYLVANIA COUNTY OF YORK S.S Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Judy L. Fisher who, being affirmed acco ' that the facts and matters set forth ' m~ c .... _ rdmg to law, deposes and says knowledge, information and belief,m "'" ,u,egomg uomp aint are true and correct to the best of her Sworn to and subscribed before me this T ?-~-' of ,2003. Notary Public JUDY L. FISHER, Plaintiff VS. GREGORY E. FISHER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 03-156 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE ANDNOW, this '~,~dayof //~. --~~.~ ,2003 personally appeared Jane M. Alexander, Esquire who [bv~ars accord'rog to law, that ~-Xq-ue and correct copy of a COMPLAINT IN DIVORCE was caus I~ to be served by certified mail with return receipt requested upon the said, Gregory E. Fisher 805 Wellington Drix~e Carlisle, PA 17013 on January 27, 2003 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. ,/'~a~e M. Alexand~Esquire / A/ttomey I.D. #07~355 /t48 S. Baltimore Street ~/Dillsburg, PA 17019-0421 (717) 432-4514 Sworn and subscribed before me this :3em'~t day of 3~ ,2003. JUDY L. FISHER, Plaintiff VS. GREGORY E. FISHER, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 03-156 : : CIVIL ACTION - LAW : IN DIVORCE PROOF OF SERVICE Postage · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits, 1. Article Addressed to: by B. Date of Delivery from item 17 l-lYes If YES, enter delivery address below: [] No I 3. Service Type _.~n-tified Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) J~,Yes 2. Article Number (Copy from service label) 7ooo t5'3o ¢)oo$ 3f.Z3 1057 PS Form 3811, July 1999 Domestic Return Receipt 102595-00-M-0952 LAW OFFICES SNELBAKER. BRENNEMAN & SPARE L. FISHER, VS. Plaintiff E. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO: 03-156 : : CIVIL AC'TION - LAW : IN DIVORCE DEFENDANT'S ANSWER TO COMPLAINT UNDER SECTON 3301(c)iOF THE DIVORCE CODE WITH COUNTERCLAIM COUNT I AND NOW, comes Defendant Gregory E. Fisher, by his attomeys Snelbaker, Brenneman & Spare, P.C., and files this Answer to Plaintiff's Complaint Under Section 3301(c) of the Divorce Code filed on or about January 10, 2003 as follows: 1. Admitted. 2. Admitted in part and denied in part. It is admitted that Defendant is Gregory E. Fisher, 38 years of age. It is denied that he resides at 49 Beetem Hollow Road, Newville, Cumberland County, Pennsylvania 17241. On the contrary, it is averred that Defendant currently resides at 805 Wellington Drive, Carlisle, Borough of Carlisle, Cumberland County, Pennsylvania 17013. 3. Admitted. 4. Admitted. 5. Admitted. -6. Admitted. 7. Admitted. 8. Admitted. LaW OFFICES SNELBAKER, BRENNEMAN & SPARE 9. Denied. It is denied that while the parties were domiciled within the of Pennsylvania and through no fault of Plaintiff, the innocent and injured the Defendant, in violation of the marriage vows and the laws of the Commonwealth, has )ffered such indignities to the person of the Plaintiff as to render her condition intolerable and ife burdensome. WHEREFORE, Defendant requests your Honorable Court to deny Plaintiff's request for fault-based Decree of Divorce. 10. by reference. 11. COUNT II The Answers contained in Paragraph 1 through 9 above are incorporated herein Admitted. WHEREFORE, Defendant requests your Honorable Court to enter a no-fault Decree in Divorce. COUNT III The Answers contained in Paragraphs 1 through 11 above are incorporated herein 12. by reference. 13. 14. Admitted. Admitted. WHEREFORE, Defendant requests your Honorable Court to equitably divide all marital property and other relief as the Court deems just and equitable. COUNTERCLAIM FOR EQUITABLE DISTRIBUTION 15. their marriage. Defendant and Plaintiff have acquired property, both real and personal during 2 16. Defendant and Plaintiff have been unable to agree as to an equitable division of property. WHEREFORE, Defendant requests your Honorable Court to equitably divide all marital and for such other relief as the Court may deem just and equitable. Respectfully submitted, SNELBAKER, BRENNEMAN & SPARE, P.C. Phi~p H. S~are, Esquire Pa. Supreme Court I.D.//65200 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Defendant LAW OFFICES SNELBAKER. BRENNEMAN & SPAre LAW OFFICES SNELBAKER, BRENNEMAN & SPARE VERIFICATION I verify that the statements made in the foregoing Defendant's Answer to Complaint Under Section 3301 (c) of the Divorce Code with Counterclaim 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. 30RY E. FISHER Date: March 24 ,2003 LAW OFFICES SNELBAkER. BRENNEMaN & SPARE CERTIFICATE OF SERVICE I, PHILIP H. SPARE, ESQUIRE, hereby certify that I have on the below date, :aused a tree and correct copy of the foregoing Defendant's Answer to Complaint Under Section 3301(c) of the Divorce Code with Counterclaim to be served upon the person and in the manner indicated below: FIRST CLASS MAIL, POSTAGE PREPAID, ADDRESSED AS FOLLOWS: Jane M. Alexander, Esquire 148 S. Baltimore Street Dillsburg, PA 17019 Ph~ip H.~Si~e Snelbaker, Brenneman & Spare, P.C. 44 West Main Street P.O. Box 318 Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Gregory E. Fisher Date: March 25, 2003. JUDY L. FISHER, Plaintiff VS. GREGORY E. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 03-156 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on January 10, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from 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 the 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: Su~ L. Ffsl~er ' JUDY L. FISHER, Plaintiff VS. GREGORY E. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 03-156 CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 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 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. Section 4904 relating to unsworn falsification to authorities. Date: ~7/~3--5~'~'Ju~e~57' ~-'L~r LAW OFFICES SNELBAKER, BRENNeMAN & SPARE UDY L. FISHER, Plaintiff VS. GREGORY E. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-156 IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301 (C) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301 (c) of the Divorce Code was filed on January 10, 2003. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry ora final decree of divorce after service of notice of intention to request entry of the decree. 4. 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: August 13, 2003 LAW OFFICES SNELBAk~R, BRENNEMAN & SPARE JUDY L. FISHER, Plaintiff VS. GREGORY E. FISHER, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 03-156 IN DIVORCE DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECT.ION 3301(c) OF THE DIVORCE CODF 1. I consent to the entry ora final decree of divome 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 after it is filed with the Prothonotary. 4. 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. § 49044 relating to unsworn falsification to authorities, i Date: August 13, 2003 JUDY L. FISHER, Plaintiff VS. GREGORY E. FISHER, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 03 1156 CIVIL IN DIVORCE ORDER OF COURT 2003, AND NOW, this ,~/~d~[y of ~~ the economic claims raised in the proceedings having been resolved in accordance with a post-nuptial agreement dated July 11, 2003, the appointment of the Master is vacated and counsel can file a praecipe transmitting the record to the Court requesting a final decree in divorce. cc: ~.~ane M. Alexander Attorney for Plaintiff ~/Fhilip H. Spare Attorney for Defendant BY [[HE COURT, Ge ~ J. JUDY L. FISHER, VS. GREGORY E. FISHER, PLAINTIFF DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : : NO. 03-156 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry ora divorce decree: l. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: was sent certified mail, restricted delivery on January 14, 2003 and was served to the Defendant on January' 27~ 2003 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent require by §3301(c) of the Divorce Code: by Plaintiff July 22, 2003; by defendant Aueust 13~ 2003. (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: f~/A; (2) (a) Date of filing of Plaintiff's affidavit upon respondent: (b) Date of service of the plaintiffs affidavit upon the defendant: N/A. 4. Related claims pending: All claims are settled and satisfied by Post-Nuptial A~reement signed by both parties dated July 11~ 2003. Appointed of Master vacated as per order of Judge Holler dated 8/29/2003. 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: _ (b) Date Plaintiff's Waiver of Notice in Divorce was filed with the Prothonotary: July 23, 2003. (c) Date Defendant's Waiver ofNoticeei0 Divorce was filed with the Prothonotary: Auuust 18, 2003. IN THE COURT OF COMMON PLEAS Judy L. Fisher, OF CUMBERLAND COUNTY ST/~'r e OF PENNA. plaintiff N O. 03-156 VERSUS Gregory E. Fisher AND NOW, DECREED THAT DECREE IN DIVORCE Judy L. Fisher 2OO3 , 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 IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; BY T,~E COURT: .~,' ATTEST: _ ~ ~.. J. /~/ PROTHONOTARY