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HomeMy WebLinkAbout04-1203IVY M. FOGLE, Plaintiff V. NATHAN J. FOGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - j'~3 .(~ CIVIL TERM 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 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, 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 Lawyers Referral Service Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 IVY M. FOGLE, Plaintiff V. NATHAN J. FOGLE, Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - i;~ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301{c) AND 330t~d) OF THE DIVORCE CODE AND NOW, COMES, the above-named Plaintiff by and through Law Offices of Peter J. Russo, P.C., and seeks to obtain a Decree in Divorce from the above-named Defendant, upon the grounds hereinafter more fully set forth: 1. Plaintiff is an adult individual domiciled at 612 Erford Road, Camp Hill, Cumberland County, Pennsylvania and is a citizen of the United States. 2. Defendant is an adult individual domiciled at 203 Wilcox Drive, New Cumberland, Cumberland County, Pennsylvania and is a citizen of the United States. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for 10 years and has resided continuously therein for at least six months prior to filing of this Complaint. 4. Plaintiff and Defendant were married on October 30, 1999 in York County, Pennsylvania. 5. There is one child of the parties under the age of eighteen (18): Samantha Fogle February 21,2001 6. There has been no prior action for divorce by either party against the other. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States or any of its allies. 8. Plaintiff avers that the mardage between the parties is irretrievably broken. 9. 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, but does not request the same. 10. Plaintiff and Defendant have property which will be subject to a property settlement agreement addressing support issues, which will be filed herein at the appropriate time. WHEREFORE, Plaintiff, Ivy M. Fogle, prays that a decree be entered in favor of the Plaintiff and against Defendant dissolving the marriage between the two parties. Date: ~ 17 J By: Respectfully submitted, Law Offices of Peter J. Russo, P.C. Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attomeys for Plaintiff IVY M. FOGLE, : Plaintiff : : V. .' : NATHAN J. FOGLE, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - CIVIL TERM IN DIVORCE VERIFICATION I, Ivy M. Fogle, vedfythat the statements made in the foregoing document are true and correct. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S. §4904 relating to Unswom Falsifica/t)on~/to Authorities. Da t e: ,.~//~ "~/~)/..j/ i~ .~'Fogl~e · JJJ~--~ LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 Attorneys for Plaintiff IVY M. FOGLE, Plaintiff NATHAN J. FOGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - L~AW NO. 2004 - 1203 CIVIL TERM IN DIVORCE PROOF OF SERVICE OF PLAINTIFF'S COMPLAINT UPON DEFENDANT AND NOW, COMES, Law Offices of Peter J. Russo, P.C., Attorneys for Plaintiff, Ivy M. Fogle, and certifies that on Mamh 22, 2004 ., he did serve the Defendant, Nathan J. Fogle with a true and correct copy of the Divorce Complaint filed against him alleging the parties' marriage was irretrievably broken under Section 3301(d) and Section 3301(c) of the Divorce Code. Said complaint was served upon the defendant by placing same in an envelope, return receipt requested and addressed to Nathan J. Fogle at 203 Wilcox Drive, New Cumberland, Pennsylvania 17070. [] Service of PlaintifFs Complaint on the Defendant, Nathan J. Fogle was effected on. March 26, 2004 . A true and correct copy of the U.S. Postal Service Return Receipt is attached hereto and the original is affixed to the reverse of this document. Service of PlaintifFs Complaint on the Defendant, Nathan J. Fogle was effected on. A true and correct copy of Defendant's Acknowledgment of Service is attached hereto and the odginal is affixed to this document. Date: Respectfully submitted, -S'cott A. ~tein, Esquire 0004 107)5 0606 LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 IVY M. FOGLE, : Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF Plaintiff : . V. : NATHAN J. FOGLE, : Defendant : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 1203 CIVIL TERM IN DIVORCE PROOF OF SERVICE OF DEFENDANT'S AFFIDAVIT UPON DEFENDANT AND NOW, COMES, Scoff A. Stein, Attorney for Plaintiff, Ivy M. Fogle, and certifies that on ~-~/~ ,c ~o~, 3. cc, ~ he did serve the Defendant, Nathan J. Fogle with the Affidavit of Defendant Under Section 3301(c) of the Divorce Code requesting his signature thereon by placing same in an envelope addressed to Nathan J. Fogie, P.O. Box 343, New Bloomfield, Pennsylvania 170,B8 and deposited same in the U.S. Mail receptacle for transmittal by first class mail. Date: Respectfully submitted, Scott A. Stein, Esquire 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 IVY M. FOGLE, Plaintiff V= NATHAN J. FOGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 1203 IN DIVORCE CIVIL TERM PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 2004. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 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. 5. 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's Office. 6. 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 understand that the court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Ivy M. Fogle, do not request that the Court require my spouse and me to 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 sub, ct to the penalties of 18 Pa.C.S. § 4904 relating to Unsworn Falsification to AC, l~orities. IVY M. FOGLE, Plaintiff V= NATHAN J. FOGLE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2004 - 1203 IN DIVORCE CIVIL TERM DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO ENTER DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on March 22, 2004. 2. The marriage is irretrievably broken and ninety days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of a Final Decree of Divorce without further notice. 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. 5. 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's Office. 6. 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 understand that the court maintains a list of mardage counselors in the Domestic Relations Office, which list is available to me on request. 7. Being so advised, I, Nathan J. Fogle, do not request that the Court require my spouse and me to 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. § 4904 relating to Unsworn Falsification to Authorities. DATE Nathan J. Fo~le LAW OFFICES OF PETER J. RUSSO, P.C. PETER J. RUSSO, ESQUIRE PA Supreme Court ID: 72897 SCOTT A. STEIN, ESQUIRE PA Supreme Court ID: 81738 3800 Market Street Camp Hill, PA 17011 (717) 591-1755 IVY M. FOGLE, Plaintiff V= NATHAN J. FOGLE, Defendant Attomeys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW · NO. IN DIVORCE CIVIL TERM 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 of service of the Complaint: Complaint served on Nathan J. Fogle by Certified Mail, with return receipt on March 26, 2004 3. Date of execution of the plaintiff's affidavit required by Section 3301(c) of the Divorce Code: October 21, 2004 Date of service of plaintiff's affidavit on defendant: June 30, 2004 Date of execution of the defendant's 3301(c) of the Divorce Code: October 12, 2004 4. Related claims pending: None Date: affidavit required by Section Respectfully submitted, Scoff A. Stein IN THE COURT Of COMMON PLEAS IVY M. FOGLE, Of CUMBERLAND COUNTY STATE Of PENNA. NO. 2004 - 1203 VERSUS NATHAN J. FOGLE, DECrEe IN DIVORCE AND NOW,~~ ~ , iT IS ORDERED AND DECREED That IVY M. FOGLE , PLAINTIFF, AND NATHAN J. FOGLE ,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