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Home My WebLink About07-5466C_7 fl\div\FISHEL,GAIL-3301 c GAIL I. FISHEL, v. MELVIN P. FISHEL, III, CIVIL ACTION -LAW Defendant 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 at the Cumberland County Courthouse, Carlisle, PA 17013. 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 Bar Association 32 South Bedford Street. Carlisle, PA 17013-3302 Telephone: (7171249-3166 IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA -1- -... GAIL I. FISHEL, v. Plaintiff MELVIN P. FISHEL, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. D7- $'~{~L l.,l v ~`~ 4~ CIVIL ACTION -LAW IN DIVORCE COMPLAINT 1. The Plaintiff in this action is GAIL I. FISHEL, an adult individual, who currently resides at 80 Highland Circle, Etters, York County, Pennsylvania 17319. 2. The Defendant in this action is MELVIN P. FISHEL, III, an adult individual, who currently resides at 950 Alexander Road, Liberty, Tioga County, Pennsylvania 16930. 3. Both the Plaintiff and the Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this complaint. 4. The Plaintiff and Defendant were lawfully joined in marriage on August 18, 1978, in York County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The Plaintiff avers as the grounds upon which this action is based is that the marriage between the parties hereto is irretrievably broken. 7. Plaintiff and Defendant have no minor children involved in this action. Their children are of the age of majority. -2- 8. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 9. The Plaintiff requests the court to enter a decree of divorce. 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 P.C.S. §4904, relating to unsworn falsification to authorities. STONE LaFA q ~~ - b~ Date: i Court ID 414 Bridge New Cumbe Telephone 7 Attorneys Box E A 17070 4-7435 Plaintiff -3- VERIFICATION Gail I Fishel, states that she is the Plaintiff named in the foregoing instrument and that she is ac- quainted with the facts set forth in the foregoing instrument; that the same are true and correct to the best of her knowledge, information and belief; and that this statement is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ~~ Gai I. Fishel Date: ~ ~1 ~? r~ w ~ 4 C9 c" .,~ s. ~f ~. ~s ~'~-= ~-' ~-'~ r ~a ra ~_ v~ 'rnv ~- .C" a6? -a -~C s ~I ,. ~~ fl\div\FI SHEL,GAIL-affofservice GAIL I. FISHEL, Plaintiff v. MELVIN P. FISHEL, III, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. Q7-5466 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA . SS: COUNTY OF CUMBERLAND I, Elizabeth B. Stone, of Stone LaFaver & Shekletski, attorneys for the plaintiff hereby certify that I served the Complaint in Divorce in the above captioned matter on the defendant, Melvin P. Fishel, III, at 950 Alexander Road, Liberty, Pennsylvania 16930, by United States certified mail, postage prepaid, restricted delivery, on September 20, 2007, as evidenced by the attached certified mail return receipts. SWORN TO AND SU$SCRIBED beforep~ t T~ day of -gyp 4~-- 2007. N NWt:AITH OF PENNS~f VANiA N ARIAL SEAL K.EEl1 KEtM, No~ry Pubic New timberland Boro., Cumberland Co. Connr~ion Expiroa Dec. ~~ .'y" .7 V ~ i ~ ~ ~ ~ ~ ' V ~M ,f cerul~d Fes • /~,~ .-'-~:~ L` \ 3 p ado ~nt~Req"~ °d1 ~,S ~ t~.~s.~ ~ 1 -0 y p A.er~asd ~exvey Fee ('~'ndonement Required) ~' ~ , : I ~ / \~ 2007 / v < / ~^, M1O Total Poetape & Fees $ `~ f~ p ire; ~• hio.: ' .l.~ .~SL __ ~ ~ ----•-°------------- ti a PO Box Na _ ~* ~F ~ ..... _...w ..............~.. i t~rr 1, ~. atd ~. IiM~n oai~+~tli~4s ` x RM1l~bMd~.~t~i~rr b deeMsd. X ! a,i>di+ws on the rwrfse e,IM~ciil tine ci~ld to you. ~ M s oertl b the ~ d the w~M t~ant K A V+A~bu+r..~ F~1,1~... ~~~• t ,~ ~,~ 3, l~ d~Mty aertirs ~M~~rt iMim» %' ~_ «+Ar sleNrery hM~w: D !10 i~ w~~, ~ ~ } ~a7 a7za ass t . ~ 1~•~ "c3 l'~" ~ ~ - ~~r~ r =~ r~` . tV ~ - ~ Y, . ~ "C? : ~ 3 ' :~~ fl\div\F ISHEL,GAIL-affofconsent GAIL I. FISHEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v : NO. 07-5466 Civil Term MELVIN P. FISHEL, III, CIVIL ACTION -LAW Defendant IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September 14, 2007, and served September 20, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 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 ;''a. C.S. 5° 4904 relating to unsworn falsifica- tion to authorities. Date Melvin P. Fishel, III, Defendant C7 ~' ~ ~ ~ s ~ ?~~.~. -r t `,~=X ; ~ F~c~ `~:> ,~- ,..~ =~ ...s fl\div\FISHEL,GAIL-waiver GAIL I. FISHEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MELVIN P. FISHEL, III, Defendant NO. 07-5466 Civil Term CIVIL ACTION -LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST EIVTTRY OF DIVORCE DECREE UNDER ~ 33010 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. § 4904 relating to unsworn falsifica- tion to authorities. dt ~~ ~~ _ . ~~ P ~.~ ~" Date Melvin P. Fishel, III, Defendant ~~ r~ ~ ~. ~µ.~. ~ -za::i rir~ -~ .-' ~ ~r, . .~ :_3 ~, `. ~, .Y c.. ,. ~ ~ fl\div\FISHEL,GAIL-affofconsent GAIL I. FISHEL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MELVIN P. FISHEL, III, Defendant NO. 07-5466 Civil Term CIVIL ACTION -LAW IN DIVORCE AFFIDAVIT UF' CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on September 14, 2007, and served September 20, 2007. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the complaint 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. 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 falsifica- tion to authorities. ~ 0 ~~ Date Gail L Fishel, Plaintiff ~ ~ Q C ~ ..-t ' ~?~ ' _, ~ ~ rsz s=- ern ~~, ,~.. ~_. ~ -,~~'~> -~C ...c~, .....! fl\div\F ISHEL,GAIL-waiver GAIL I. FISHEL, Plaintiff TN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. MELVIN P. FISHEL, III, Defendant NO. 07-5466 Civil Term CIVIL ACTION -LAW IN DIVORCE V~AIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER & 3301(cZ 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. § 4904 relating to unsworn falsifica- tion to authorities. ~ 1 ~~ ~ Date ~~. ~. ail I. Fishel, Plaintiff C> c C7 ~~. ~ -ct r; ', ~ ~ ~ ~r , ~r:> ~ . _y ~ ...! GAIL I. FISHEL, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. MELVIN P. FISHEL, III, Defendant NO. 07-5466 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 §3301(c) 33$i{d~~of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: September 20, 2007 via United States Certified Mail, Postage Prepaid, Restricted Delivery 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by Plaintiff 01/04/2008 ; by Defendant 01/04/2008 (b) (1) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff s affidavit upon the respondent: 4. Related claims pending: No claims raised 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 §3301(c) Divorce was filed with the Prothonotary: 1- "~- - o ~ Date Defendant's Waiver of Notice in_ §3301(c) Divorce was filed with the Prothonotary: C7 ^' G t.. ~' c': ~ ~ t_y~ 4 , ~, -:-,_ U5 ; ~ ~- .,,J 0._^ -, .. .~1 ~' ~..! 1 N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. =~`~- GAIL I.. FISHEL PLAINTIFF VERSUS MELVIN P. FISHEL, III DEFENDANT N O. 07-5466 Civil Term DECREE 1N DIVORCE AND NOW, ~Z~C/U'Z, , ,~o~, IT IS ORDERED AND DECREED THAT AND GAIL I. FISHEL MELVIN P. FISHEL, III ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, 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; No claims raised BY THE COU PROTHONOTARY ~:4° `. ~~