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Home My WebLink About09-2558F') 1b PAUL C. FAHNESTOCK, Plaintiff V. KARENSA S. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. ag-A0 CIVIL ACTION - LAW IN DIVORCE 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 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, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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. BERIAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD TRUE 4F FROM R CARLISLE, PA 17013 In Testimony eof, I here unto et rrfyWWh4an9d-3166 OR (800) 990-9108 and the seal of 'd Court at Carlisle, Pa. s .... da of...„l .. df ry --?? oM KU ULAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 PAUL C. FAHNESTOCK, Plaintiff V. KARENSA S. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. CIVIL ACTION - LAW IN DIVORCE 1. Plaintiff is Paul C. Fahnestock, who currently resides at 427 East King Street, Shippensburg, Cumberland County, Pennsylvania. 2. Defendant is Karensa S. Fahnestock, who currently resides at 554 North 3' Street, Wood River, Illinois. 3. The Plaintiffs has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on July 30, 2004, in Greencastle, Franklin County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs one (1) through four (4) of this Complaint are incorporated herein by reference as though set forth in full. 4. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, §§ 3301(a), 3301(c) and 3301(d), in that: a. Plaintiff is the innocent and injured spouse as the Defendant has committed adultery. b. The marriage is irretrievably broken. c. Plaintiff and Defendant have lived separate and apart since November 1, 2008 and continue to do so. 8. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests the Court to enter a decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from July 30, 2004, until November 1, 2008, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property". 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests this Honorable Court to equitably divide all marital property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs one (1) through thirteen (13) of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for his reasonable means and is unable to support himself through appropriate employment. 16. Plaintiff requires reasonable support to maintain himself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendent elite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs one (1) through sixteen (16) of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the law offices of ABOM & KUTULAKis, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but he lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, DATE LI'IIDq ABOM & KUTULAKIS, L.L.P. Michelle L. So er, Esquire Supreme Court ID No. 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff I, PAUL C. FAHNESTOCK, verify that the statements made in this Divorce Complaint are true and correct to the best of my knowledge, information, and belief. 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 P L C. FAHNESTOCK "IN 2009 APR 23 Ali 11: 31 ?d 33? so ?F oa 3 11,?`Ia/ ,e/o' ?//0 ABOM & - &UTLILAKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 PAUL C. FAHNESTOCK, Plaintiff V. KARENSA S. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-2558 CIVIL, ACTION - LAW IN DIVORCE AFFIDAVIT OF SERVICE I, Michelle L. Sommer, Esquire, hereby certify that I did serve a true and correct copy of the Complaint under Sections 3301 (a), (c) and (d) of the Divorce Code, upon the Defendant, by depositing, or causing to be deposited, same in the U.S. mail, certified, restricted delivery, postage prepaid, on Karensa Fahnestock, at Carlisle, Pennsylvania, addressed as follows: Karensa Fahnestock 554 North Yd Street Wood River, IL 62095 Return card acknowledging receipt on April 24, 2009 is attached as Exhibit "A". Date: 5,q V ABOM &KUT ULAKIS, LLP Michelle L. Sommer squire Attorney I.D. No: 93034 36 South Hanover Street Carlisle, PA 17013 (717)249-0900 Attorney for Plaintiff ¦ Complete items 1, 2, and 3. Also complete Rem 4 if Restricted Delivery is desired. ¦ Print your name and address on the reverse so that we can return the cans to you. ¦ Attach this card to the back: of the mailpiece or on the front if space permits. 1. Article Addressed to: Kak-OISA 55L? Nqy44-\ ro S f vjo d Qkv v-, L- (o??5 A. ? Agent by ( Is delivery dddress different fmm &` 17 ? Yes If YES, enter delivery address below: ? No 3. Service Type ? Certified Mail ? Express Mail ? Registered ? Return Receipt for Merchandise ? Insured Mail ? C.O.D. 4. Restricted Delivery? (Extra Fee) ? Yes 2. Article Number 7005 2570 0000 804 3583 (rensfer ft m Service r bd) PS Form 3811, Fewuary 2w4 Domestic Return Receipt 102ss5-024VI-150 , EXHIBIT `A" FILED--CIPEKE OF TNF P n,{-`0N,0TAPY 2009 MAY --7 PH 1: 31 ABOM ~' I~uTUr_nicis htichelle L. Sommer, Esquire Attorney LD. #: 93034 2 West High Street Cazlisle, PA 17013 (71~ 249-0900 PAUL C. FAHNESTOCK, Plaintiff v. KARENSA S. FAHNESTOCK, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 09-2558 CNIL ACTION -LAW IN DIVORCE ~'_RAFGiI'E TO TRANS IT THE RE ORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. 2. 3. 4. 5. Respectfully submitted, ABOM&KUTULAKIS, L.L.P DATE: ~ ~ . Michelle L. Somme , squire Supreme Court I #93034 2 West High Street Carlisle, Pennsylvania. 17013 (717) 249-0900 Attorney for Plaint Ground(s) for Divorce: a. Irretrievable Breakdown under ~3301(c) of the Divorce Code. Date and manner of service of the Complaint: a. Apri124, 2009, by certified mail, restricted delivery. Date of execution of the Affidavit of Consent required by ~3301(c) of the Divorce Code: a. by Plaintiff August 31, 2009; Related Claims Pending: by Defendant: August 25, 2009. a. None. Date Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: August 31, 2009; by Defendant: August 25, 2009. l~l ,N ~~4~.~~,~y o~;~, S'~ ~, a ~ c~~~l~,~ C'«.,~,1~ ~~ ~~