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HomeMy WebLinkAbout07-7298b Michelle Fisher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE Christopher Fisher, Defendant : NO.07- 7 a. j 9? CIVIL TERM 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 Courthouse, 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 YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 (717) 249-3166 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. You must attend the scheduled conference or hearing. . Michelle Fisher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Christopher Fisher, ; Defendant :NO. 07- ?-y CIVIL TERM DIVORCE COMPLAINT The plaintiff, Michelle Fisher, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: 1 2, 3. 4. 5. 6. 7. 8. DIVORCE UNDER 23 Pa C S §53301(c) AND 3301(d) OF THE DIVORCE CODE Plaintiff is Michelle Fisher, who currently resides at 51 Village Court, Mechanicsburg, Cumberland County, Pennsylvania, 17050, since May of 2002. Defendant is Christopher Fisher, who currently resides at 3 Meadowbrook Court, New Cumberland, Cumberland County, Pennsylvania, 17070, since February of 2006. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. Plaintiff and Defendant were married on May 1, 1998 at Mechanicsburg, Cumberland County, Pennsylvania. Plaintiff and Defendant have lived separate and apart since February 2006. There have been no prior actions for divorce or for annulment between the parties. The marriage is irretrievably broken. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. n WHEREFORE, Plaintiff requests the court to enter a decree of divorce. _0?_ Charla Lenz Certified Legal Intern ROB E. RAINS THO S M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. 64904 relatin t authorities. g o unsworn falsification to Date ) Cd y r-- Plaintiff I,q,?,J? Michelle Fisher rv e? ?:?? - C? t-? - .. , .?? _. _ ?-? ?? C`"7 (". T r--- • ? ;T, - ?,-y ? , ' _, ? ;, } ? ?`I C*•> ...a ?,,? ? ?7 --t D Michelle Fisher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Christopher Fisher, Defendant : NO. 07- 7 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Michelle Fisher, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date Respectfully submitted, Charla ?Lenz????? Certified Legal Intern ROBE RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 raa ate: t -?rx r T", ?Ti °rc ' -- Tr 61 Michelle Fisher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Christopher Fisher, ; Defendant : NO. 07- CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations 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. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in February 2006, and have continued to live separate and apart for a period of at least 2 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 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 I c7 t4 G+ Michelle Fisher Plaintiff c? ? --,? ?,_" ? t ..? ? T ._ ` .? w? _-_ ?, 'ry? .? f..,a? ,A "G. Michelle Fisher, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Christopher Fisher, Defendant : NO. 07- 7298 CIVIL TERM CERTIFICATE OF SERVICE I, Charla Lenz, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Christopher Fisher, employed at West Shore Auto Care, 736. State Street, Lemoyne, Pa, 17011, by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Christopher Fisher, on the 50' day of December 2007 as evidenced by the attached green card. pia Lenz Certified Legal Intern Anne ofiald-Fox, Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r . ? r • ? 4 M dares ¦ Prkt your rims and aid .on On reverse so that we can ratu m th? cut to you. ¦ Attach this card to the back of the r leoe, of on the *at 9 spme pertrt s. 1. Artie dd awad to: Nod ?? J e16 04o2JL 7G' _62007 D. Fs der+rery eddreee dNNrent itan i6arn 1 H YM, Auft CMW*Wy asidtase WOW © No ,-A' Cwftd KW 13 Ewen ma o Rehm Receipt for Merchandise ? InKww Mai! ? G.O.D. 4. Restricted Delivery? (Extra Foe) ,,$Yes 2. ' 70'05 0390'0003 2632 6079 PS Form 3$11, February 2W4 Domestic Powrh Recast 1 n? rsaa ; rt t ? , S a ? a ? Michelle, Fisher Plaintiff V. Christopher, Fisher Defendant IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE : NO. 07-7298 CIVIL TERM NOTICE TO DEFENDANT If you wish to deny any of the allegations 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. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in February 2006, and have continued to live separate and apart for a period of at least 2 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 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 3 5 6F5" Michelle Fisher Plaintiff C f= Q c s a FT7 c n = t Fz5 CJti «C Michelle Fisher, Plaintiff V. Christopher Fisher, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO. 07- 7298 CIVIL TERM AFFIDAVIT OF SERVICE I, Dianne Yacovone, hereby certify that I personally served a true and correct copy of the Plaintiff's Affidavit of Consent and Waiver of Notice, Defendant's Affidavit of Consent and Waiver of Notice and Praecipe to Transmit Record on Christopher Fisher, at: 3 Meadowbrook Court, New Cumberland, PA 17070, via first class, U.S. mail, postage prepaid on May 8, 2008. I verify that the statements made in this Affidavit of Service are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. Date: ianne Yacovo Certified Legal Intern Family Law Clinic 45 North Pitt Street Carlisle, PA 17013 (717)243-2968 C 4 'i ,T ? -' 1 "z7 firr ?r ]?. as mc Michelle Fisher, Plaintiff V. Christopher Fisher, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07- 7298 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 and separation for two years under § 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: United States mail, certified, 3. (b)(1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: March 5, 2008, (2) Date of filing and service of the plaintiff's affidavit upon the respondent: Filed on March 5, 2008, Served on Defendant on March 17, 2008 4. Related claims pending: None. 5. (a) Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: Service by first class mail on Apri17, 2008. Date Q ianne Yacovone Certified Legal Intern Megan'esmeyer Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 G? ra ?, b ? ? ?? f ? .2 ':: ` -C ' <.? ! ? . -.- 5 ? f ' ,?^ C C? 3 n ? i _ " ?? .? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Michelle Fisher, I r 07-?298 Civil Term Plaintiff VERSUS Christopher Fisher, Defendant NO. DECREE IN DIVORCE AND NOW, /YJQ.. ?-? 2°Q8 IT IS ORDERED AND DECREED THAT AND Michelle Fisher Christopher Fisher 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; NONE PROTHONOTARY /I?