Loading...
HomeMy WebLinkAbout03-2062IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE A. FIESELER, Plaintiff Vo DAVID STEWART FIESELER, Defendant CIVIL ACTION - LAW NO. 2003- ~o(~ ;L IN DIVORCE ORDER AND NOW, this day of ,2003 upon consideration of the within Petition and Exhibits, the Court being satisfied of the truth of the averments therein, and the Court further being satisfied that Petitioner is unable to pay any of the costs of these proceedings, it is therefore Ordered and Decreed that the Petitioner may, pursuant to Pa. R.C.P. 1920.62, proceed with a divorce action in forma pauperis without payment of costs. F:\UseI Folder~Fim~ Docs~Gcald~s2003~2957-1pet.pauperi$.wlxl IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE A. FIESELER, Plaintiff DAVID STEWART FIESELER, Defendant CIVIL ACTION - LAW , No. 2oo - IN DIVORCE PETITION FOR LEAVE TO PROCEED IN FORMA PAUPERIS AND NOW this 30th day of April, 2003, comes Plaintiff, Laurie A. Fieseler, b~attor~eys;' Hanfi & Knight, P.C. and represents as follows: -< 1. Petitioner, Laurie A. Fieseler, is an adult individual suijuri, who resides:~a't~A 1~11~:~ Avenue, Apartment 1, Shippensburg, Cumberland County, Pennsylvania. 2. Petitioner is seeking a divorce and due to financial circumstances is tmable to pay any of the costs or expenses of same. 3. Petitioner has, based on income, been fotmd eligible for free legal services by Central Pennsylvania Legal Services as evidenced by the attached letter to Petitioner dated November 6, 2002 marked Exhibit "A" and by the letter to Petitioner's counsel dated November 6, 2002 marked as Exhibit "B". WHEREFORE Petitioner requests that an Order be entered granting leave to proceed in this matter in forma pauperis without the payment of costs. Respectfully submitted, HANFT & KNIGHT, P.C. Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-0142 Attorneys for Petitioner Exhibit "A" MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 www. midpenn.org November 6, 2002 Laurie A. Fieseler 24 A Holler Avenue, Apt 1 Shippensburg PA 17013 Dear Ms. Fieseler: You have been determined eligible for free legal services. Because MidPenn Legal Services' resources are limited and we cannot represent all eligible clients, the Cumberland County Bar Association has organized a panel of lawyers who have agreed to provide representation without charge to individuals in a number of cases. There will- be'no charge to you for this legal representation as long as you remain financially eligible, You may have to pay filing fees charged by a court or similar costs necessary to cover litigation. The attorney will discuss these costs with you during the initial interview and tell you what you can do if you cannot pay them. As per our telephone conversation, the name and address of the attorney that has agreed to represent you is listed below:' Michael J. Hanft, Esq. HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle PA (717) 249-5373 NOTE: You are being represented without charge only in the particular matter for which you are currently seeking representation: Divorce. If you have other legal problems, either now or at a later date, please contact our office to determine if we can arrange for additional representation for you without charge. Laurie A. Fieseler Re: Legal Representation November 6, 2002 Page Two Please remember that you have the responsibility to keep all appointments, which are scheduled for you and advise your attorney of any changes in your financial circumstances. The attorney who has accepted your case will be providing you with advice and representation in accordance with his professional judgment. PLEASE NOTIFY YOUR ATTORNEY OR OUR OFFICE IF YOU DECIDE NOT TO PURSUE YOUR CASE If you are dissatisfied with the services provided to you by this attorney, you should discuss it directly with him. If after discussing your problem you are still dissatisfied, you may call or write to Stephanie Moses, Regional Manager, 8 Irvine Row, Carlisle, PA 17013 (800) 822-5288. If I can be of further assistance, please feel fi:ee to contact me. Sincerely., MIDPENN LEGAL SERVICES Donna Anke Private Bar Coordinator Enclosure(s) /d cc: Michael J.Hanft, Esq. File Exhibit "B" November 6, 2002 MidPenn Legal Services 8 Irvine Row, Carlisle, PA 17013 Phone 717-243-9400 1-800-822-5288 FAX 717-243-8026 www. midpenn.org Michael J. Hanft, Esq. HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle PA 17013 Dear Mr. Hanft: We greatly appreciate your willingness to represent Laurie A. Fieseler in her divorce. If you have any questions concerning this case, or if we may be of assistance, please do not hesitate to call us. Although we are glad to assist you in any way possible, the final responsibility for this case must rest with you. If this client has other legal problems, either now or at a later date, which are not related to the matter we are referring to you on apro bono basis, refer the client back to MidPenn Legal Services so that we can determine if the client is eligible for continued representation and referral without charge. We will attempt to find a student and will notify your office as soon as we have confirmation. We request that you complete and return to us, at the completion of the case, the enclosed Attorney Final Case Disposition and Evaluation form. When you do so, your name will be sent in to the Pennsylvania Bar Association and after you have completed two pro bono cases, you will receive a discount coupon for PBI seminars, videotapes or audiotapes. Thank you again for your generosity and help in making the pro .bono system a success. Sincerely, MIDPENN LEGAL SERVICES Donna Anke Private Bar Coordinator Enclosure(s) /d cc: Laurie A. Fieseler File iLLSC F:\User Folder\Firm Docs\Gendocs2003\2957-1 div.comp IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE A. FIESELER, Plaintiff DAVID STEWART FIESELER, Defendant CIVIL ACTION - LAW NO. 2003- ,,~ ~, ~ 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 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 at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS ENTERED, 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 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAUR1E A. FIESELER, Plaintiff DAVID STEWART FIESELER, Defendant CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW, this 30th day of April, 2003 comes Plaintiff, Laurie A. Fieseler, by and through her attorneys, Hanft & Knight, P.C., and files the following Complaint in Divorce, and in support thereof avers as follows: 1. The Plaintiff is Laurie A. Fieseler, who currently resides at 24A Hollar Avenue, Apartment 1, Shippensburg, Cumberland County, Pennsylvania 17251. 2. The Defendant is David Stewart Fieseler, who currently resides at 101 South George Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. The Plaintiff and Defendant are sui juris, and both have been bona fide residents of the Commonwealth of Pennsylvania for a period of more than six (6) months immediately preceding the filing of this Complaint in Divorce. 4. The parties were married on November 6, 1982 in Mechanicsburg, Cumberland County, Pennsylvania. 5. The marriage is irretrievably broken. The foregoing facts ar~ averred and brought under Sections 3301(c) or 3301(d) of the Divorce Code of 1980, as amended. 6. Alternatively, Plaintiff avers that the Defendant has offered such indignities to her, the injured and innocent spouse, as to render her condition intolerable and her life burdensome. The foregoing facts are averred and brought under Section 3301(a)(6) of the Divorce Code of 1980, as amended. 7. may have the right to request that the Court require the Parties to participate in counseling, and Plaintiff waives same. WHEREFORE, Plaintiff requests Your Honorable Court to enter a Decree in Divorce, The Plaintiff has been advised of the availability of counseling, and that the Plaintiff Respectfully submitted, HANFT ,~,~, P.C. Mi ~ 1 * H fi -~thael J.l-lantt, EsqUire Attorney ID No. 57976 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 divorcing the Plaintiff from the Defendant. VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by my counsel in the preparation of the lawsuit. The language of the document is that of counsel and not my own. I have read the Complaint in Divorce and to the extent that the document is based upon information which I have given to my counsel, it is true and correct to the best of my knowledge, information and belief. To the extent that the content of the document is that of counsel, I have relied upon counsel in making this verification. This statement and verification are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unswom falsification to authorities, which provides that if I make knowingly false averments, I may be subject to criminal penalties. LauheA. Fieseler IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE A. FIESELER, Plaintiff Vo DAVID STEWART FIESELER, Defendant CIVIL ACTION - LAW NO. 2003-2062 IN DIVORC, E CERTIFICATE OF SERVICE AND NOW, this 15th day of May, 2003, I, Michael J. Har~ft, Esquire, hereby certify that the following person was served with a True and Correct copy of the Complaint in Divorce filed in the above-referenced matter. The Complaint in Divorce was mailed on May 5, 2003, but actual service took place on May 9, 2003, by Defendant signing for a copy of the Complaint in Divorce which was mailed in the United States Mail, Certified Mail--Return Receipt Requested, Restricted Delivery, Postage Prepaid, addressed as follows: David Stewart Fieseler 101 South George Street Mechanicsburg, Pennsylvania 17055 A copy of the signed Domestic Return Receipt is attached hereto as Exhibit "A" and by reference incorporated herein and made a part hereof. Respectfully submitted, F:\User Folder\Firm Docs\Gendocs2003~2957-1cer o£ser.wpd HANFT & KNIGHT, P.C. Mich/ael ~~ Esq~uir~ J. Hanft, Attorney ID No. 57976 19 Brookw'ood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorneys for Plaintiff · Complete items 1, 2, and 3. Also complete I I A. Signature item 4 if Restricted Delivery is desired. II X~.,~J~--~-~ent · Print your name and address on the reverse dressee so that we can return the card to you. .' H B.-Received by (Printed Name) I C. D_.a/ts _of Deliv~ery Attach this card to the back of the mailplece, II'v.~ ,J ¢ ~c'~e../o£ /--, -'~ -D <, , · or on the front if space permits. D~..-is~-//-/-~ ''~ ~(fr~m~e~ljl-I es~' '~ 1. Article Addressed to: dress below: ~ { 1 ~__~._~ ~~~a:;pt~or Merchandise t /4. Restricted Deliveq~ ~ Fee) ~['Yes t z, _ ~j:~O~SO~60 0000 1076 1848'"" PS Form 38i'1, August 2001 · ; Domestic Return Receipt Exhibit "A" 1N THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, PENNSYLVANIA LAURIE A. FIESELER, Plaintiff DAVID STEWART FIESELER, Defendant CIVIL ACTION - LAW NO. 2003- IN DIVORCE ORDER AND NOW, this JO day of .~' O1~2---~.-003 upon consideration of the within Petition and Exhibits, the Court being satisfied of the truth of the averments therein, and the Court further being satisfied that Petitioner is unable to pay any of the costs of these proceedings, it is therefore Ordered and Decreed that the Petitioner may, pursuant to Pa. R.C.P. ?..20~ proceed with a divorce action in forma paupens without payment of cost :, /iJ' AFFIDAVIT OF CONSENT COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA In re: the Marriage of Laurie Ann Fieseler Plaintiff and David Stewart Fieseler Defendant CIVIL ACTION-LAW NO. 2003-2062 CIVIL TERM 1. A COMPLAINT FOR DIVORCE was filed between Plaintiff and Defendant on the 1st day of May 2003 2. The marriage between Plaintiff and Defendant is irretrievably broken and efforts at reconciliation have failed. 3. I, David Stewart Fieseler have received a copy of the COMPLAINT FOR DIVORCE, and I have road it thoroughly and understand it. I do not wish to contest this proceeding. I do not object to the declarations made in the COMPLAINT FOR DIVORCE. I do heroby consent to the relief requested in therein and to the entry of a DECREE OF DIVORCE dissolving and forever terminating the marriage between Plaintiff and Defendant. I consent that the court may hear this cause on any day convenient to the court without further notice to me. I further consent that the court may enter any order granting any and all the rolief sought in the COMPLAINT FOR DIVORCE. 4. I waive any and all rights I may have to a motion for a new trial, a record testimony, findings of fact and conclusions of law, notice of trial, a notice of entry of a DECREE OF DIVORCE and my right to appeal I do not waive any future rights I may have to the modification of any judgment or decree in relation to this cause. 5. I affirm under penalty of perjury that all statements in this Affidavit of Consent are accurate to the best of my knowledge. I have filed this Affidavit of Consent in good faith and have not colluded with anyone in relation to it, nor have I been subject to any force or duress in signing it. '~Signature- - Date 101 George Street Mechanicsburg, PA 17055 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND Subscribed and sworn to before me on this gl,~"6day of ~lp'/T m ~e.r- ,20 0.3 Notary NOTARIAL SEAL CAROL A QUEEN, Notary Public City of Philadel_phia, Ph, ila. C.o,.un~)~, My CommissiOn t:xpire~ june ~, LAURIE ANN FIESELER, Plaintiff V. DAVID STEWART FIESELER, Defemdant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-2062 CIVIL TERM : : CIVIL ACTION - LAW : IN DIVORCE TO THE PROTHC Please with Defendant, David Dated: PRAECIPE TO WITHDRAW NOTARY: lraw the Affidavit of Consent dated September 29, 2003, filed by the .tewart Fieseler. David Stewart Fieseler 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LAURIE A. FIESELER, Plaintiff DAVID STEWART FIESELER, Defendant CIVIL ACTION - LAW NO. 2003- 2062 1N DIVORCE PRAECIPE TO WITHDRAW To the Prothonotary: Please withdraw the Complaim in the above-referenced matter. Dated: January 9, 2004 Respectfully submitted, HANFT & KNIGHT, P.C. 19 Brookwood Avenue, Suite 106 Carlisle, Pennsylvania 17013-9142 (717) 249-5373 Attorney for Plaintiff