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HomeMy WebLinkAbout07-4237FRANK W. FOGELSANGER, Plaintiff vs. ALYSSA R. FOGELSANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - ~d37 CIVIL TERM CIVIL ACTION -LAW DIVORCE NOTICE TO DEFEND 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 Office of the Prothonotary at the Cumberland County Courthouse, 1 Courthouse Square, 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 A 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. Pennsylvania Lawyer Referral Line Lawyer Referral Services Telephone: 1-800-692-7375 (PA ONLY) or 717-238-6715 FRANK W. FOGELSANGER, Plaintiff vs. ALYSSA R. FOGELSANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - y.23 ? CIVIL TERM CIVIL ACTION -LAW DIVORCE COMPLAINT UNDER SECTION 3301(c) OR 3301(d) OF THE DIVORCE CODE NOW comes Plaintiff and for cause of action against Defendant who says: 1. Plaintiff is Frank W. Fogelsanger, who resides in Shippensburg, Cumberland County, Pennsylvania with a street and mailing address of 33 Shippensburg Mobile Estates, Pennsylvania 17257. 2. Defendant is Alyssa R. Fogelsanger, who resides in Shippensburg, Cumberland County, Pennsylvania, with a street and mailing address of 342 East King Street, Shippensburg, Pennsylvania 17257. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this complaint. 4. Plaintiff and Defendant were married on October 29, 2005, in Las Vegas, Nevada. 5. There have been no prior actions for divorce or annulment of marriage between the parties in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of counseling and that Plaintiff may have the right to request the court to require the parties to participate in counseling. 8. Defendant is not a member of the Armed Services of the United States or any of its allies. , 9. The causes of action and sections of the Divorce Code under which the Plaintiffis proceeding are: A. Section 3301(c): The marriage is irretrievably broken. B. Section 3301(d): The marriage is irretrievably broken and the parties have been living separately and apart since June 16, 2007. If the parties do not agree to proceed under Section 3301(c) of the Divorce Code, then Plaintiff will submit an Affidavit alleging that the parties have lived separately and apart for at least two (2) years and that the marriage is irretrievably broken. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a Decree of Divorce, divorcing the parties from the bonds of matrimony. Respectfully Submitted, r Paul M. Ferguson Supreme Ct. No.: 203293 Attorney for Plaintiff, Frank Fogelsanger Neuharth Law Offices 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 17201 (717)264-2939 VERIFICATION I verify that the statements made in this document are true and correct to the best of my wled e, information and belief. I understand that false statements herein are made subject to kno g the enalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. P //__ Date: ? ~/`P ~Q ~ Frank W. Fogels er ~p es bD. ~ `~ ::7 ~ ~ ~ 7: ~~. - `~- ~ 3._ rn r _-" ~V~ a s:~; „-- _:.~ ~ W FRANK W. FOGELSANGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2007 - 4237 CIVIL TERM ALYSSA R. FOGELSANGER, :CIVIL ACTION -LAW Defendant DIVORCE Affidavit of Service I, Paul M. Ferguson, of Neuharth Law Offices, hereby state that on July 20, 2007, I mailed by First Class U.S. Mail and by Certified Mail, No. 7006 2760 0002 0540 1321, Return Receipt Requested, Addressee Only, a copy of the Complaint in Divorce to Defendant Alyssa R. Fogelsanger at 342 East King Street, Shippensburg, Pennsylvania 17257, the last known mailing address of Defendant, which documents were received on July 21, 2007, as evidenced by the attached Domestic Return Receipt. (See Attached Exhibit A). Paul M. Ferguson ' Supreme Ct. ID #: 203293 Attorney for Plaintiff Frank W. Fogelsanger Neuharth Law Offices 232 Lincoln Way East P.O. Box 359 Chambersburg, PA 17201 (717) 264-2939 i ~ w . ' ^ 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 maii{iiece, or on the front if space permits. 1. Article Addressed to: R lyssa +~g~l s~xn9e.~ ~ ~Gts ~ ~in9 S~-rc e t Sh~'p~~n s b~~9 ~ /~~ ~~7a 5 7 A Signature ^ Agent B. Receiv~d"by (Prinfed Name) C. Date of Delivery , ~,MYl Zc~ pia ~ 'Z- D. Is delNery address different from item 1? ^ Yes If YES, enter delivery address below: ^ No 3. ce lype Certltied Mail ^ Mall ~e9f8tered atom Receipt for Merchandise ^ Insured Mail ^ C.O.D. 4. ResMcted Detlver~l (Exha Fee) ^ Yes 2. Article Number 7QQ6 276Q QQQ2 D54Q 2321 rr~~ ~ ~~,a>yen PS Form 3811., February 2004 Domestic Rstum Receipt 102595-02-M-1540 Exhibit A C'1 r _: r_~- c~'. •_.._ ._i fl?! ~-~ I;r.. ...~. r~: r`~ .. ~=. __ _. `r: ==< FRANK W. FOGELSANGER, Plaintiff vs. ALYSSA R. FOGELSANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007 - 4237 CIVIL TERM o „y -r, ~, CIVIL ACTION -LAW :DIVORCE AFFIDAVIT OF CONSENT -v r e-~ -~ ~~ 2> ~ --+ ~ z ~ ~ ~ -< o o ~o ` -~:. r -~ o ~ _ :zo z• c~z n c o 0 ~` ~ TJ z D l~ - -~~ll -~ N ~ '' 1. A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 19, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 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. 4. 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. 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 Frank W. Fogelsan r C7 C ~ ~° O ~~ ~ :~4' ~ ~~ ,% w .~ FRANK W. FOGELSANGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0.2007 - 4237 CIVIL TERM ALYSSA R. FOGELSANGER, :CIVIL ACTION -LAW Defendant . DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301(c) of the Divorce Code was filed on July 19, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and 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. 4. 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. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein aze made subject to the penalties of I S Pa.C.S. § 4904 relating to unsworn falsification to authorities. Date Alyss R. Fogelsanger ~ ~ ?-~' ~'" b ~ ~ ~' : s ~' r.= ~: - C.ri : ~" :~ ` ~ ~ ~ b ..7 „~~- ~ FRANK W. FOGELSANGER, Plaintiff VS. ALYSSA R. FOGELSANGER, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4237 CIVIL TERM CIVIL ACTION -LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 33Q1 fC) 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 Waiver 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. / ~g ~~ ~ Date Alyss . Foge sanger ~ ~ ..L 1_'.' r".i i -r-~ 'r' i C"~ ~ i Cl7~~ ~ ~ ~ r _ ~",~ .,»,` •n~ ~a FRANK W. FOGELSANGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. : N0.2007 - 4237 CIVIL TERM . ~ N © -*'1 ~J ALYSSA R. FOGELSANGER :CIVIL ACTION -LAW -° `- `' ~' ~ ' -+ ~z z ~~ Defendant -< ~ ~'' ~ - r -, :DIVORCE ~ ~ _ =~ o 7~ n c-., ~z c~ o 2~~ ~ z D J.. AFFIDAVIT OF CONSENT -< ~ T Tt "~ N --< -< o ~ ,~ ~ 1. A Complaint in D ivorce under § 3301(c) of the Divorce Code was filed on July 19, 2007. 2. The mamage of Plaintiff and Defendant is irretrievably broken and 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. 4. 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. 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. ~T --____-.~. Date Frank W. Fogelsan r ~, C7 "~ -.,,, t'~ ~ Z rr_ . "~~ Q "~ ~ ~ fJ3 ~ ;,~ "~+ f . f ~_ ~' ~ ~' . ,,.~ FRANK W. FOGELSANGER, Plaintiff vs. ALYSSA R. FOGELSANGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA N0.2007 - 4237 CIVIL TERM CIVIL ACTION -LAW DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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 Waiver 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 ~1~~r'11`lA~~~P~t~d ~~ ~~l ~~ ~ Z ~Q~ «flZ ~t~.LGC~vr~~(~~~ :~ ~~ ~~'~'ir~~r-~!j Franl~ W. Fogelsan © ~.., -~, rn -vim J x~ -~ z ~ ~ -~ o o r-- _ ~ ~ o r- ~• ~ z n r o ~~ ~~ n y, ~ n ~,; -~~ o FRANK W. FOGELSANGER, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : N0.2007 - 4237 CIVIL TERM ALYSSA R. FOGELSANGER, :CIVIL ACTION -LAW Defendant DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Defendant accepted service of the Complaint on July 21, 2007. 3. Date of execution of the Affidavit of Consent required by 3301(c) of the Divorce Code: by Plaintiff: October 30, 2007; by Defendant: November 18, 2007. 4. Related claims pending: None. 5. Date Plaintiffls Waiver of Notice in 3301 Divorce was filed with the Prothonotary: November 21, 2007. Date Defendant's Waiver of Notice in 3301 Divorce was filed with the Prothonotary: December 5, 2007. r~-~`~ Paul M. Ferguson Supreme Ct. No.: 203293 Attorney for Plaintiff Frank W. Fogelsanger Neuharth Law Offices P.O. Box 359 232 Lincoln Way East Chambersburg, PA 17201 (717) 264-2939 C`~ ~ ~, i ~ 4 rX _ E" ~ "n" ~ ' ~ . ~/r~ :.. V • ~, ~ _ 1 ~ Sj : 5 ,~~~ ....~ °.+t ++ f1. _ l ..+~ ~ .~ "~ ~ ry ry W 1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. FRANK W. FOGELSANGER, ~' ~ '~ ~~ Plaintiff VERSUS ALYSSA R. FOGELSANGER, Defendant 2007 - 4237 No. DECREE IN DIVORCE AND NOW, ~! ~` IT IS ORDERED AND Frank W. Fogelsanger DECREED THAT PLAINTIFF, AND Alyssa R. Fogelsanger 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 FfNAL ORDER HAS NOT YET BEEN ENTERED; NONE PROTHONOTARY ~'7 r~,~ ~ ~~ ~~ ~ ~ « ' '.