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HomeMy WebLinkAbout03-6244Keirstin E Fanella, Plaintiff Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. ,/'~J .- ! '~/~/-/ O; ; : CIVIL ACTION - LAW : IN DIVORCE NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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, 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 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 2 LIBERTY AVENUE CARLISLE, PA 17013 (717) 249-3166 ,.._ . i~fquire Keirstin E Fanella, Plaintiff Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIl_ ACTION - LAIN : IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Keirstin E Fanella, who currently resides at 1510 K~theTyn Street New Cumberland PA 17070. 2. Defendant is Damian M Fanella who presently resides at 1060 Windsor Rd, Mechanicsburg, PA 17050. 3. 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 August 10, 2002, in Perry County, PA parties. There have been no prior actions for divorce or annulment between the 6. The Plaintiff is a citizen of the United States of America. 7. The Defendant is not a member of the Armed Services of the United States of America. 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT 1 REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference as though set forth in full. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff requests this Honorable Court to: a) enter a decree dissolving the marriage between Defendant; Plaintiff and Respectfully Submitted, Miller Lipsitt LLC/I J Attorne~ for Ptaintiff 2157~arket Street C.,~p Hill, PA 17011 ~..~'~ 17) 737-6400 Keirstin E Fanella, Plaintiff V. Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. : : CIVIL ACTION - LAW : IN DIVORCE VERIFICATION I verify that the statements made in this Divorce Complaint 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:~&r~ Keirs~ E Fano~la, Plaintiff Keirstin E Fanella, Plaintiff Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-6244 : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO REINSTATE DIVORCE COMPLAINT TO THE PROTHONOTARY: KINDLY REINSTATE THE DIVORCE COMPLAINT FILED December 1, 2003, IN THE ABOVE MATTER. Jam~ire Attorn~y'for Plaintiff 21~TdVlarket Street (717) 737-6400 Keirstin E Fanella, Plaintiff V= Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-6244 Civil Term : : CIVIL ACTION -. LAW : IN DIVORCE AFFIDAVIT OF SERVICE I, James A Miller, Esquire, hereby certify that I have served the Defendant, Damian M Fanella, with a certified copy of the divorce complaint on January 27, 2004, by certified mail number 7001 1140 0002 1274 5807 as evidenced by the attached original United States mail return receipt. 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.A. Section 4904, relating to unsworn falsification to authorities. Miller Lipsitt LLC ['...,.~/~/~ By: ""' .1 James~A-~iller, Esquire ~nr~lY~[~ Plaintiff 2157 Market Street Camp Hill, PA 17011 (717) 737-6400 · C(j~nplete items 1, 2, and 3. Alas complete It~n4 if Restricted Delivery is desired. · P~lnt your name and address on the reverse s~ that we can return the card to you. · ,~ttach this ced to the back of the mailpiase, A. Rec~ved by (Piease Pdnt C ~. Oe~e of Del~ r-~ Ag~,lt Addressee addre~ differe~ Eom ite~n 1 ? r-1 Yes If YES, enter delivery address below: [] No or on the front if space permits. 1. Article Addressed to: 4. R~tricted Delivery? (Extra Fee) [] Yes 2. NticieNumber 7gn'l, l.'l.U~D DnB;= 'l. PTU~ 56D? (Transfer from se~ice label) !:~S Form 3811, March 2001 Domestic Return Receipt ~595-01-M-1424 Keirstin E Fanella, Plaintiff Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-6244 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divome under Section 3301(c) of the Divorce Code was filed on and service of the reinstated complaint was obtained upon the defendant by certified mail number 7001 1140 0002 1274 5807 on January 27, 2:004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: ~.irstin ~.'Fanella Keirstin E Fanella, Plaintiff Ve Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-6244 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 if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a diw3rce decree is entered by the Court and that a copy of the decree will be sent to me irnmediately 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.A. Section 4904, relating to unworn falsification of authorities. Date: ~,~\~/h~ ~--~ ,~, ~,~"/~ ~[~.~ \ \ Kei~ir~ E ~nella Keirstin E Fanella, Plaintiff Vo Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-6244 Civil Term : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A complaint in Divorce under Section 3301(c) of the Divorce Code was filed on and service of the reinstated complaint was obtained upon the defendant by certified mail number 7001 1 I40 0002 1274 5807 on January 27, 2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint and service upon Defendant of the same. 3. I consent to the entry of a Final Decree in Divorce after service of notice of intention to request entry of the decree. 4. I have been advised of the availability of marriage counseling, and understand that I may request that the Court require that my spouse and I participate in counseling. I further understand that the Court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. Being so advised, I do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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.A. Section 4904, relating to unsworn falsification to authorities. Date: ~ ~ ~,a"mian M Fanella Keirstin E Fanella, Plaintiff Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 03-6244 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 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 herein in this affidavit are true and correct. I understand that false statements are made subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unworn falsification of authorities.. Date: ~' ~ / ~?-c,,~ , ~,~~~~~ DamOn M- Fanella -- LIPSITT LLC Camp l lill, PA 1701 717-737-6~100 l:ax: 717-737-g3.~5 Keirstin E Fanella, Plaintiff Damian M Fanella, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 03-6244 Civil Term : CIVIL ACTION - LAW : IN DIVORCE PRAEClPE 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 f or divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner service of the Complaint: Defendant accepted personal service of a CERTIFIED COPY OF THE COMPLAINT IN DIVORCE on January 27 2004 by certified mail number 7001 1140 0002 1274 5807 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: June 5, 2004 by Defendant: June 17 2004 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: June 9 2004 by Defendant; June 28 2004 4. Related claims pending: There are no related claims pending. Respectfully Submitted, 1 Miller Lipsitt LLC James A Miller, Esquire Attorney/for Plaintiff 2157~arket Street C..,~ Hill, PA 17011 _.~--~(717) 737-6400 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA, Keirstin E Fane]la Plainfiff ~ O. ~744 VERSUS Damian M Fanella Defendant DECREE IN DIVORCE aND NOW, ~U~.,--{ ?.g DECREED THAT Keirstin E Fanella /-~| IT IS ORDERED AND , PLAINTIFF, AND Damian M Fanella , 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; BY THE COURT: /'l /~/ ATTE :i ~ ' j.