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HomeMy WebLinkAbout03-2968Damian M. Fanella, Plaintiff vs. Keirstin E. Fanella, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA IN DIVORCE NOT I C~- TO DEFEND 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 a~ainst 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: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 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. NOT HAVE A OFFICE SET IF YOU DO LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 Damian M. Fanella, : Plaintiff : : Keirstin E. Fanella, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL ACTION NO. IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Damian M. residing at 57 Windsor Way, County, Pennsylvania. Fanella, a citizen of Pennsylvania, Camp Hill, Pennsylvania, Cumberland 2. Defendant is Keirstin E. Fanella, a citizen of Pennsylvania, residing at 1510 Kathryn Street, New Cumberland, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui juris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on August 10, 2002, in Perry County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. COUNT Request for Divorce Due to Irretrievable Breakdow~ Under 3301(c) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an affidavit. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(d) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. 15. After a period of two (2) separation, Plaintiff intends lived separate and apart. years has elapsed from the date of to file his affidavit of having 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if two (2) years have elapsed from the date of separation and Plaintiff has filed his affidavit, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. Respectfully submitted, Supreme Court ID # 85556/ 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 VERIFICATION I, Damian M. Fanella, verify that the statements made in the Divorce 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. D~Fa~iff Damian M. Fanella, Plaintiff VS. Keirstin E. Fanella, Defendant : CIVIL ACTION : NO. 03-2968 : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND : ss Karen L. Koenigsberg, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, return receipt requested, a true and correct copy of the Plaintiff's Consolidated Complaint in Divorce in this action to the Defendant at her residence, and that Defendant did dated July 9, receive same as evidenced by the signed receipt 2003 attached hereto as Exhibit "A". ~P~Tm~h~]s~o%g5~et Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscribed me this before of '~%~V , 2003. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address OR the reverse ~o that we can return the card to you. · ~ttach this card to the back of the mailpiece, r on the front if space permits. 1. Article Addressed to: D. Is delivery 3. Se ' Type ~Ce~ified Mail [] Registered [] Insured Mail C. Date of Delivery [] Express Mail [] Return Receipt for Merchandise [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~ees 2. Article Number PS Form 3811, August 2001 Domestic Return Receipt 102595~01 -M-2509 UNITED STATES POSTAL SERVICE Postage & Fees Paid USPS Permit No. G-10 · Sender: Please print your name, address, and ZIP+4 in this box · ~ h,,lli,,,tli ...... ll,,,Ih,hll,I ..... IIl,,,h,LIh,h,,,llt EXHIBIT "A" DAMIAN M. FANELLA, Plaintiff vs. KEIRSTIN E. FANELLA, Defendant : CIVIL ACTION : NO. 03-2968 : IN DIVORCE IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA PRAECIPE TO WITHDRAW COMPLAINT IN DIVORCE To the Prothonotary: Please withdraw the Complaint in Divorce in the captioned matter, filed June 23, 2003. Respectfully submitted, DISSINGERAND DISSINGER above- Date: BY:- ~'~i~n ~] kde~igsb~rg A~torney for Plaintiff// Sup:ueme Court ID 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 cc: Keirstin E. Fanella Damian M. Fanella