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HomeMy WebLinkAbout03-5570IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION-LAW CATHRIN FISHER, Plaintiff, VS. MICHAEL A. FISHER, Defendant. : IN DIVORCE Notice To Defend and Claim Riehts 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 an,/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 this office: CLERK OF COURTS, One Courthouse Square, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, COUNSEL FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT 1S GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF TI[EM YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F 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 32 South Bedford Street Carlisle, PA, 17013 1-800-990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. RO ONEY, M~ANN IC~CI~/~gARDNI~R, L.L.C. : ' a ~ ay Gardner, Esquire Attorney for Plaintiff I.D. No. 78163 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION-LAW CATHRIN FISHER, : Plaintiff, : VS. MICHAEL A. FISHER, Defendant, : IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301(c}, and 3301(d} OF THE DIVORCE CODE AND NOW comes the Plaintiff, Cathrin Fisher, by and through her undersigned counsel, Linda Shay Gardner and Rooney, Mannicci & Gardner, L.L.C, with a cause of action in divorce, of which the following is a statement: COUNT I 1. Plaintiff is Cathrin Fisher, who currently resides at Am Zilliggarten, /42, Roedermark, Germany 63322. 2. Defendant is Michael A Fisher, who currently resides at 1221 Gross Drive, Mechanicsburg, Cumberland County, Pennsylvania 17055. 3. Defendant has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to filing of this Complaint. 4 Plaintiff and Defendant were married on November 13, 1998 in Bismark 5. Neither party is in the active 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. The causes of action and sections of the Divorce Code under which the Plaintiff is proceeding are: Marria~,e Irretrievably Broken Consent Section 3301(¢). The marriage of the parties is irretrievably broken After ninety days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce Plaintiff believes that Defendant may also file such an Affidavit. Livin~ Seuarate and Apart Section 3301(d). The marriage of the parties is irretrievably broken. The parties are living separate and apart and, at the time of the hearing, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years. 7, There have been no prior actions for divorce or for annulment of the marriage between the parties in this or any other jurisdiction. 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 parties may enter into a written agreement with regard to support, alimony, alimony pendente lite and property division. In the event that such an agreement is executed by the parties, the agreement may be incorporated by the Court into the final Decree of Divorce. WHEREFORE, Plaintiff respectfully requests your Honorable Court to enter a Decree in Divorce, divorcing Plaintiff and Defendant. Respectfully submitted, ROONEY, MANNICC~ff~ARD~ER, L.L.C. BY: Lild,5 Shay Gardner, Esquire Attorney for Plaintiff I.D. No. 78163 7 West Morton Street Bethlehem, PA 18015 (610) 882-9600 18/18/2883 28:52 051834858331 SAG NE EINKAUF $. 02/02 VERIFICATION I, Cathrin Fisher, Plaimiffin the above captioned matter, vc~fy that the statement~ made in this document are true and correct. I und~'rstand that false statmnonts herein are made subject to the penalties of 18 Pa.C.S. Section 4904, reladng to un,worn falsification to authorities. ~)~e: ./Iv. ,%/. 03 Cathrin Pisher 18/!8/2883 28:52 861934858331 SAG NE EINKAUF S. 81/82 IN TI':~ COURT OF COMMON PLEAS CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION-LAW CATHRIN FISHER, Plaintiff, MICHAEL A. FISHER, Defendant. NO. IN DIVORCE A~ERMENT Jeremy Andrew Fisher, bom on December 01, 1998, Plaintiff avers there is only (1) minor child bom of this marriage, under the name of CATHI~N FISFfER IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHRIN FISHER Plaintiff MICHAEL A. FISHER Defendant : No. 03-5570 : _. .. : IN DIVORCE : PRAECIPE TO REINSTATE TO THE PROTHONOTARY - CIVIL DIVISION: Reinstate the Complaint in Divorce in the above captioned matter. /i Date: 12/8/03 Linda S'fiay'Gardner, Esquire Rooney, Mannicci & Gardner 7 W. Morton Street Bethlehem, PA 18015 (610) 882-9600 I.D. #78163 SHERIFF'S RETURN - REGULAR CASE NO: 2003-05570 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FISHER CATHRIN VS FISHER MICHAEL A GERALD WORTHINGTON , Cumberland County, Pennsylvania, says, the within COMPLAINT - DIVORCE FISHER MICHAEL A DEFENDANT , at 1755:00 HOURS, at 1221 GROSS DRIVE MECHANICSBURG, PA 17055 CLAP~A FISHER, MOTHER a true and attested copy of COMPLAINT Sheriff or Deputy Sheriff of who being duly sworn according to law, was served upon the on the 17th day of December , 2003 by handing to - DIVORCE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.52 Affidavit .00 Surcharge 10.00 .00 33.52 Sworn and Subscribed to before me this '~- day of ~V A.D. rothonot ary ~ So Answers: R. Thomas Kline 12/18/2003 ROONEY MANNICCI GARDNER IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHRIN FISHER MICHAEL A. FISHER : NO. 03-5570 Civil Term : : IN DIVORCE CERTIFICATE OF SERVICE I, Shannon MacIntyre, being duly sworn according to law, deposes and says that she acted as a Paralegal for Rooney, Mannicci & Gardner, LLC and Linda Shay Gardner, Esquire, Bethlehem, PA, and that she mailed a Notice of Intention to Request Divorce Decree, Plaintiff's Affidavit and Defendant's Counter-Affidavit, in the above-captioned matter, by regular first-class mail and also by certified mail, retum receipt to Michael A. Fisher, the DefendanL Deponent further avers that the said certified mailing was returned unclaimed from the U.S. Postal Service, but the regular first-class mailing was not returned. FREDE.~ICK P. ROONEY ,,'PA. WI. WA~;HINGTON DC. & LORI L. IdANNJCCI PA.&NJ, LINDA SHAY GARDNER PA. & NJ. ROONEY, MANNICCl & GARDNER, ...c. A'FrORNEYS AT LAW 7 W. MORTON STREET PHONE: 610-882-9600 BETHLEHEM. PA 18015 FAX: 610-882-1520 January 30, 2004 Michael A. Fisher 1221 Gross Drive Mechanicsburg, PA 17055 Re: Fisher vs. Fisher In Divorce Dear Mr. Fisher: As you are aware, I represent Catlu-in Fisher with regard to the above-referenced divorce. Enclosed please find the following documents relative to the said divorce: 1. Notice of Intention to RequeSt EnVy of Divorce Decree 2. PlaintifFs Affidavit 3. Defendant's Counter-Affidavit By signing the document entitled "Defendant's Counter-Affidavit Under Section 3301 (d) of the Divorce Code," you are informing the court that you do not want a divorce granted for one of the reasons stated on said form. In the event that you have any questiom regarding the contents of this correspondence, I would urge you to contact an attorney immediately. Very truly yot~s, Linda'S~fiay Gardner Attorney at Law sm Enclosures cc: Cathrin Fisher Via regular first-class mail and certified mail return receipt #7002 2030 0001 2936 8007 CATKRIN FI$I~,R Plaintiff MICHAEL A. FISHER Defendant No. 03-5570 Civil Term IN DIVORCE Notice of Intention to Request _Entry of 3301(d) Divorce Decree TO: Michael A. Fisher You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the 3301(d) affidavit. Therefore, the other party can request the court to enter a final decree in divorce. This request will be filed on or afterFebruarv 20, 2004. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the date shown in the paragraph above, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. The counter-affidavit may be filed by mailing it or delivering to the Prothonotary Civil Division, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. 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 32 South Bedford Street 1-800-990-9108 By: Lmd~.2~ay Gard~e~,'E~qmre 7 W. Morton Street Bethlehem, PA 18015 (610) 882-9600 I.D. No. 78163 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHRIN FISHER Plaintiff No. 03-5570 Civil Term VS. MICHAJ~L A. FISHER Defendant In Divorce PLAINTIFF'~ AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. Dated: .~(~. C I. 0~ .AFFIDAVIT UNDER 3301(d) OF THE DIVORCE COD 1. The parties to this action separated on se tember 27 20~d have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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. I verify that the statement made in this affidavit are true and correct. I understand that false statements heroin are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. Cathrin Fisher, Plaintiff IN THE COURT OF COMMON PLEAS OF C~ERLAND COUNTY, PENNSYLVANIA CIVIL DMSION-LAW CATHRIN FISF~.R Plaintiff VS. MICHAEL A. FISHER Defeudant No. 03-5570 Civil Term IN DIVORCE Counter-Affidavit Under .3301(d) of the Divorce Code 1. Check one of the following: I do not oppose entry:ora divorce decree. years. I oppose the entry of a divorce decree because (check one of the following): The parties to this action have not lived separate and apart for a period of a least two (2) The marriage is not irretrievably broken. 2. Check one of the following: I do not wish to make any claims for economic relief. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses iii do not claim them before a divorce is granted. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking Co) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereaf[er to file any economic claims. I verify that the statements made in this counter-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 unswom falsification to authorities. Date: Michael A. Fisher NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not ~e thi~ counter-affidavit. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION-LAW CATHRIN FISHER Plaintiff VS. MICHAEL A. FISHER Defendant No. 03-5570 Civil Term IN DIVORCE Counter-Affidavit Under 3301(d) of the Divorce Code 1. Check one of the following: I do not oppose entry of a divorce decree. I oppose the entry of a divorce decree because (check one of the following): The parties to this action have not lived separate and apart for a period ora least two (2) years. The marriage is not irretrievably broken. 2. Check one of the following: I do not wish to make any claims for economic relief. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. IfI fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are tree and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. 4904 relating to unswom falsification to authorities. Date: Michael A. Fisher NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic relief, you should not file this counter-affidavit. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CATHRIN FISHER Plaintiff VS. MICHAEL A. FISHER Defendant : No. 03-5570 Civil Term : : .. In Divorce .. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301{d) OF THE DIVORCE CODE Dated: 20- 0 I. OCr If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on September 27 t 20~a~d have continued to live separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 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 statement 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. Section 4904 relating to unsworn falsification to authorities. /7 Cathrin Fisher, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW CATHRIN FISHER VS. MICHAEL A. FISHER : NO. 03-5570 Civil Term : : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry ora divorce decree: 1. Ground for divorce: Section 3301(d). The marriage of the parties is irretrievably broken. The parties are living separate and apart since September 27, 2000. 2. Date and manner of service of the complaint: December 17, 2003 service by Sherifffs service. 3. Complete either paragraph (a) or (b). (a) Date of execution of the Affidavit of Consent required by Section (c) of the divorce Code: By Plaintiff.' By Defendant: (b) (1) Date of execution of the Plaintiffs Affidavitrequired by Section (d) of the divorce Code: 1/20/04 (2) Date of Service of the Plaintiffs Affidavit upon Defendant 1/30/04 4. Related claims pending: NONE 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: January 30, 2004, service by first class mall and certified mail, certified mail returned unclaimed, first-class mail not returned (b) Date Plaintiff's Waiver of Notice was filed with the Prothonotary: (c) Date Defendant's Waiver of Notice was filed with the Prothonotary: 6. Decree in divorce with no other relief granted is requested. ROONEY, MANNICCI & GARDNER, LLC Lin& Sl~a~ardner Attorney for Plaintiff 7 W. Morton Street Bethlehem, PA 18015 (610) 882-9600 I.D.78163 IN THE COURT Of COMMON PLEAS CATHRIN FISHER VERSUS MICHAEL A. FISHER OF CUMBERLAND COUNTY STATE OF PENNA. N O. 03-5570 CIVIL DECREE IN DIVORCE AND NOW, /~/u// DECREED ThAt CATHRIN FISHER , 2004 AND MICHAEL A. FISHER , IT IS ORDERED AND ,PLAINTIFF, ,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 FINAL ORDER hAS NOT YET BEEN ENTERED; NONE. BY THE COURT: / (' PROTHONOTARY