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Home My WebLink About03-4875BETH FLUEVOG, Plaintiff VS. RUSSELL FLUEVOG, Defendant 1N THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. dd! CIVIL ACTION - LAW 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 in the Office of the Prothonotary, Cumberland County Court House, 1 Court House Square, Carlisle, Pennsylvania, 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. 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 LAWYER REFERRAL SERVICE 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 BETH FLUEVOG, Plaintiff VS. RUSSELL FLUEVOG, Defendant * IN THE COURT OF COMMON PLEAS * CUMBERLAND COUNTY * PENNSYLVANIA * CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE 1. Plaintiff is Beth Fluevog who currently resides at 1260 South York Road, Dillsburg, Pennsylvania 17019. 2. Defendant is Russell Fluevog who currently resides at 6 Wagner Drive, Mechanicsburg, Pennsylvania 17050. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvarda for a period of more than six (6) months preceeding the filing of this Complaint. 4. The Parties were married on May 21, 1983. 5. Neither Plaintiffnor Defendant is in the military or naval service of the United States or its allies within the provisions of the Soldiers' and Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. The Plaintiffhas been advised that counseling is available and that Plaintiffmay have the right to request that the Court require the parties to participate in counseling. 8. Plaintiffavers that there are two (2) children of the parties under the age of eighteen. Count I. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(c) OF THE DIVORCE CODE thereto. The prior paragraphs of this Complaint are incorporated herein by reference The marriage of the parties is irretrievably broken~ After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff intends to file an afffidavit consenting to a divorce. Plaintiffbelieves that Defendant may also file such an afffidavit. WHEREFORE, if both Parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (c) of the Divorce Code. COUNT II. REQUEST FOR A NO-FAULT DIVORCE UNDER §3301(d) OF THE DIVORCE CODE The prior paragraphs of this Complaint are incorporated herein by reference 12. thereto. 13. 14. The marriage of the Parties is irretrievably broken. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an affidavit alleging that the Parties have lived separate and apart for at least two years as specified in Section 3301 (d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to Section 3301 (d) of the Divorce Code. Respectfully submitted: / Stepfianie L. Mihalko, Esquire Wiley, Lenox, Colgan & Marzzacco, P.C. The Wiley Group 1 South Baltimore Street Dillsburg, PA 17019 (717) 432-9666 Supreme Court 1D # 86998 VERIFICATION 1, Stephanie L. Mihalko, Esquire, verify that the contents of the foregoing Complaint in Divorce are true and correct to the best of my knowledge, information and belie£ I am authorized to respond based upon information provided by Beth Fluevog and in my capacity as her counsel. I understand that I am subject to the penalties of 18 Pa. CS. Sec. 4904 relating to unsworn falsification to authorities for any false statements that I made in the foregoing document. Stephanie L. Mihalko, Esquire BETH FLUEVOG, Plaintiff VS. RUSSELL FLUEVOG, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 03-4875 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Sherle A. Minich, being duly sworn, deposes and says; that she is an adult and that she served the within Complaint on the Defendant, at the Defendant's last known address as follows: Russell Fluevog, 6 Wagner Drive, Mechanicsburg, Pennsylvania 17055, by certified mail, restricted delivery, return receipt requested on the 19th of September, 2003. The Certified Mail Receipt and PS Form 38111 are attached hereto, marked Exhibit "A" and made a part hereof by reference thereto. Date: October 3, 2003 COMMONWEALTH OF PENNSYLVANIA : : SS COUNTY OF YORK : WILEY, LENOX, COLGAN & MARZZACCO, P.C. BY:-s-,~ ~r~ e A?~I i n i~' -~[ ~ ~' ~/~ On this, the 3rd day of October, 2003, before me, a notary public, personally appeared Sherle A. Minich known to me or satisfactorily proven to be the whose name is subscribed to the within Affidavit and acknowledged that she executed the same for' the purposes therein contained. WITNESS, my hand and notarial seal the day and year a[oresaid. My Commtsston Expires: tj Notarial Seal S. Dawn Gladfelter, Notary Public Dillsburg Boro, York County My Commission Expires May 17, 2005 Mambo.r, PennsyivaniaAssociation of Notanes · Complete items 1~ 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reveres 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: p'ran PS Fort Printed Name) [] Yes I Mail [] Ex~ Mail [] REgistered E~Retum Receipt for Merchandise [] In~tured Mail [] C.O.D. Restrict~:l Delivery? (Extra Fee) ~ 02595-02-M-1035 EXHIBIT "A" BETH FLUEVOG, * Plaintiff * VS. * RUSSELL FLUEVOG, * Defendant * IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03-4875 Civil Term CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under §3301(c) of the Divorce Code was filed on September 16, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (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 after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date (-6 Beth Fluevog Plaintiff L10E¥OG' . ~ C~MB~ ' 48~ 5 C~B ~ erin ' . ~0. : !~ DI~O~ ~oG, Septemu~[02 3150 0ou?f~ on Octobex" . ~aevabl~br°~[~;-oi thc s~' spoUSe ~ ~-xeme~tS made x the penalties o[ Date:~ BETH FLUEVOG, VS. RUSSELL FLUEVOG, Plaintiff Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 03-4875 Civil Term CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REOUEST 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 ifI 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 tree and correct. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S. {}4904 relating to unswom falsification to authorities. Date Beth Fluevog Plaintiff BETH FLUEVOG, Plaintiff RUSSELL FLUEVOG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 03-4875 Civil Term : : CIVIL ACTION - LAW : IN 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 ifI 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification of authorities. Russell Fluevog ~' BETH FLUEVOG, Plaintiff V. RUSSELL FLUEVOG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA ; : NO. 03-4875 Civil Term : : 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 of a Divorce Decree: 1. Ground for divorce: irretrievable breakdown under Section 3301 (c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant was served with said Complaint by certified mail number on September 19, 2003, to which an Affidavit of Service was filed with the Prothonotary on October 7, 2003. 3. Date of execution of the Affidavit of Consent and Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301 (c) of the Divorce Code: by Plaintiff: January 6, 2004 by Defendant: December 19, 2003 Time Stamped date of Waiver of Notice of Intention Request Entry of a Divorce Decree required by Section 3301(c) of the Divorce Code: by Plaintiff: January 7, 2004 by Defendant: January 7, 2004 4. Related claims pending: There are no related claims pending. Respectfully Submitted, Christopher J. ~eller, Esquire Supreme Court ID# 86889 Attorney for Defendant 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 BETH FLUEVOG, Plaintiff RUSSELL FLUEVOG, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-4875 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I, Christopher J. Keller, hereby certify that I have forwarded a copy of the Praecipe to Transmit the Record to the attorney of record for Plaintiff, Timothy J. Colgan, Esquire, in the date and in the manner indicated below. United States First Class Mail, postage pre-paid, on January 7, 2004 Timothy J. Colgan, Esquire The Wiley Group 130 W. Church Street, Suite I00 Dillsburg, PA 17019 Attorney for Defendant Supreme Court 112) 86889 101 South Market Street Mechanicsburg, PA 17055 (717) 790-5451 IN THE COURT Of COMMON PleAS BETH FLUEVOG, Plaintiff VERSUS RUSSELL FLUEVOG, Defendant OF CUMBERLAND COUNTY STATE Of ~ PENNA. 03-4875 NO. DECree IN DIVORCE BETH FLUEVOG DECREED THAT RUSSELL FLUEVOG AND , lt IS ORDERED AND ~ PLAINT[ FF, , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOk. LOWING CLAIMS WHiCh HAVE BEEN RAISED Of RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED; By THe/COURT: PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : File No. / Defendant : : IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one l~y marking "x"] __ prior to the entry of a Final Decree in Divorce, hereby elects to resume the prior surname of .~"'/,~ .<~).27~ , and gives this t n on u,u nt Signature glgnature of name being resumed COlvlMONWE.~LTH OF PENNS~fLVANIA ) COUNTY OF ~ On the_/_/~_{~iay of (_./0.~t/E ay] ,200_~before me, the Prothonotary or the notary public, personally~a{~peared the/bove affiant known to me to be the person whose name is subscribed to the w/thin document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Wimess Whereof, I have hereunto set my hand hereunto set my hand and official sea].. NOTARIAL SEAL lCLAUL~tA k BREWBAKER, NOTARY PUBLIC Carlisle Boro, CumDedand County My Commission Expires Aprit 4, 2005 Notary Public