HomeMy WebLinkAbout01-2248 RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff, ' C[/MBERLAND COUNTY, PENNSYLVANIA
·
v. ' No. 01 - o~4~CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. · 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 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 plaint/ff. 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
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 OUR WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 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.
Court Administrator
Cumberland County Courthouse
Carlisle, PA 17013
(717) 240-6200
RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA
·
v. · No. 01 -~d '¥ $' CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. · IN DIVORCE
DIVORCE COMPLAINT UNDER SECTIONS 3301(a)(3)~ 3301(a)(6)~ 3301(c) and 3301(d)
OF THE DIVORCE CODE
The plaintiff, Rhonda S. Femengel, by her attorney, the Family Law Clinic, sets forth the
following cause of action:
1. Plaintiff is Rhonda Sue Femengel, who currently resides at 50 Short Lane, Shippensburg,
Cumberland, County, Pennsylvania, since February 1999.
2. Defendant is Thomas H. Femengel, I., who currently resides at 13 Hershey Lane,
Shippensburg, Cumberland County, Pennsylvania, since November 2000.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on January 10, 1998, in New Cumberland,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broken.
7. Plaintiff and Defendant have lived separate and apart since November 13, 2000.
8. Plaintiff has been advised that counseling is available and that Plaintiff may have the
fight to request that the court require the parties to participate in counseling.
9. Plaintiff, an injured and innocent spouse, avers that by creel and barbarous treatment, the
Defendant has endangered the life and health of the Plaintiff.
10. Plaintiff avers that Defendant, in violation of his marriage vows under the laws of the
Commonwealth of Pennsylvania, has offered such indignities to the person of the Plaintiff, an
injured and innocent spouse, as to render the condition of the Plaintiff intolerable, and life
burdensome.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the
, e B. Miller
]Certified Legal Intern
M. PLACE
ROBERT E. RAINS
Supervising Attorneys
TERI L. HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA
·
v. - No. 01 - CIVIL
·
THOMAS H. FERNENGEL, SR. ·
Defendant. · IN DIVORCE
VERIFICATION
I verify that the statements made in this Complaint for Divorce are tree 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 unswom falsification to authorities.
- Rhonda S. Felznel~gel (/
·
, o
RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVANIA
v. : CIVIL ACTION-LAW
THOMAS H. FERNENGEL, I., ·
Defendant :
· NO. 01- do[/~ CIVIL TERM
pRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Rhonda S. Femengel, Plaintiff, to proceed in forma pauperis.
I, Julie B. Miller, Certified Legal Intern in the Family Law Clinic, for the party proceeding
in forrna pauperis, certify that I believe the party is unable to pay the costs and that I am providing
free legal service to the party. The party's affidavit showing inability to pay the costs of litigation
is attached hereto.
~.e.B. Miller~~
~ertified Legal Intern
R~I~ERT E. RAINS
THOMAS M. PLACE
TERI L. HENNING
Supervising Attorneys
THE FAMILY LAW CLI~C
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVANIA
·
v. · CIVIL ACTION- LAW
·
THOMAS H. FERNENGEL, I., ·
Defendant · NO. 01--~,/~FCIVIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the infonnation below relating to my ability to pay the fees and costs
is tree and correct.
(a) Name: Rhonda S. Femengel
Address' 50 Short Lane, Shippensburg, Pennsylvania, 17052
Social Security No.: 159-60-4376
(b) Employment
If you are presently employed, state
Employer: Eat 'N Park; The Treat Restaurant
Ad&ess' 1251 Harrisburg Pike, Carlisle; 9846 Molly Pitcher Highway, Shippensburg
Salary or wages per month: $270 per week (total net)
Type of work: Server; Short-order cook
If you are presently unemployed, state
Date of last employment:
Salary or wages per month:
Type of work:
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
Support payments' Two $80 child support payments - not generally receiving support
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Assistance:
Other:
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions from parents:
Other contributions:
(e) Property owned
Cash: $10
Checking account: $44
Savings account:
Certificates of deposit:
Real estate (including home)'
Motor vehicle: 1986 Mazda
Cost, Amount Owed: Cost- $800; Amount Owed- $0
Stocks; bonds:
Other:
(0 Debts and obligations
Mortgage: $266.53
Rent: $175 (lot reno
Loans: Defaulted auto loan- $5,000
Other: Outstanding medical bills: at least $311
Child care expenses: $224 per month
Outstanding judgement: $1,200
Child support: $55 per week
Persons dependent upon you for support
(Wife)(Husband) Name'
Children, if any:
Name: Age:
Sarah Nicole Griffie* 13
Hillary Meredith Griffie* 11
Eric Lee Griffie* 8
Samual Gene Moore 4
Sequoia Dawn Femengel 2
* Does not currently live with Plaintiff, but Plaintiff pays child support.
Other persons:
Name: Relationship:
4. I understand that I have a continuing obligation to inform the court of improvement
in my financial circumstances which would permit me to pay the costs incurred herein.
5. 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 unswom
falsification to authorities.
Petitioner-
.,,fl
RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff, ' CUMBERLAND COUNTY, PENNSYLVANIA
·
v. · No. 01 - 2248 CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. · IN DIVORCE
PRAECIPE TO REINSTA~ THE COMPLAINT
To the Prothonotary:
Please reinstate the complaint in the above-captioned case.
Certified Legal Intern
THOMAS M. PLACE
ROBERT E. RAINS
Supervising Attorneys
TERI L. HENNING
S taft Atto rney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
Attorneys for Plaintiff
Dated: May 23, 2001
SHERIFF' S RETURN - OUT OF COUNTY
·
CASE NO- 2001-02248 P -"
COMMONWEALTH OF PENNSYLVANIA' .-
COUNTY OF CUMBERLAND
FERNENGEL RHONDA S
VS 4.
FERNENGEL THOMAS H I
R. Thomas Kline , Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT , to wit-
FERNENGEL THOMAS H I
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT - DIVORCE
On December 20~h , 2001 , ~h±s ~£~±ce was ±n rece±p~
a~ached return £rom D~UPHIN .
..
· . ..
Sheriff's Costs- So answe : ,- ......
Docketing 18.00 ..... ' ......... ' J' ~ ........
Out of County 9.00 ~C..~'.~~.~'.'i.?'. .... ' .... .."
Surcharge 10.00 R< 'Thomas Kline
.00 Sheriff of Cumberland County
.00
37.00
FAMILY LAW
Sworn and subscribed to before me
this ~l~{' day of .~ ~~
~O~J[ A, D ~ '2.
"/'1 - ' -P/r° ~ h°n° t a r~y] .~.~
.,.
J. Daniel Basile
Mary Jane Snyder Chief Deputy
Real Estate Deputy Michael W. Rinehart
William T. Tully Assistant Chief Deputy
Solicitor
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 255-2660 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania : FERNENGEL RHONDA S
vs
County of Dauphin : FERNENGEL THONAS H
Sheriff's Return
No. 3477-T - - -2001
OTHER COUNTY NO. 01-2248
AND NOW' December 13, 2001 at 12- 00PM served the within
NOTICE & COMPLAINT IN DIVORCE upon
FERNENGEL THOMAS H by personally handing
to HIM 1 true attested copy(ies)
of the original NOTICE & COMPLAINT IN DIVORCE and making known
to him/her the contents thereof at SANDWICH MANH ST. 111 2ND ST.
HARRISBURG, PA 17101-0000
So Answers,
Sworn and subscribed to ~~~/~~
efore me this 13TH day of DECEMBER, 2001 ~
' ~ Pa
, · ~ t Sherif '
~ PROTHONOTARY By ~'~eputy Sheriff
Sheriff's Costs' $0.00 PD 00/00/0000
RCPT NO
TORO
:In The Court of Co'mmon Pleas of Cumberland' County, Pennsylvania
Rhonda S. Fernen~el VS.
Thomas H. Fernen§el I
SERVE: Thomas H. Fernen§el I No. 01 2248 civil
NOW, December 6, 2001 - , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Dauphin Collnty to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Affidavit of Service
Now, ., 20____, at o'clock M. served the
within
l/pon -
by handing to
"a copy of the original . .
m~d made known to the contents thereof.
So answers,
Sheriff of County, PA
COSTS
Sworn and subscribed before SERVICE $
me this day of ,20 MII~EAGE
AFFIDAVIT
· $
RHONDA S. FERNENGEL, ' IN THE COURT OF COMMON PLEAS OF
Plaintiff ' CUMBERLAND COUNTY, PENNSYLVA~
·
v. ' CIVIL ACTION-LAW
·
·
THONL~\S H. FERNENGEL, I., ·
Defendant .
· NO. 01-c~.4~ CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Rhonda S. Femengel, Plaintiff, to proceed in forma pauperis.
I, Julie B. Miller, Certified Legal Intern in the Family Law Clinic, for the party proceeding
in forrna pauperis, certify that I believe the party is unable to pay the costs and that I am providing
free legal service to the party. The party's affidavit showing inability to pay the costs of litigation
is attached hereto.
~,m' . Miller~
/~ertified Legal Intern
ROB'ER~i' E. RAINS
THOMAS M. PLACE :"'.' ....
'"?~,.. ·. ,. . · ..
TERI L. HENNING .!..,..~.
. .,~
Supervising Attorneys
.
THE FAMILY LAW CL~C .-'"' ...
45 North Pitt Street
..
Carlisle, PA 17013 -..'
(717) 243-2968 " ,.....:" .- ·
...
..
RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff
· CUMBERLAND COUNTY, PENNSYLVANIA
·
V.
· CIVIL ACTION- LAW
·
THOMAS H. FERNENGEL, I., ·
Defendant
· NO. 01- CIVIL TERM
TO PROCEED IN FO~RMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defend/rig the action or proceeding.
2. I am unable to obta/n funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: Rhonda S. Femengel
Address. 50 Short Lane, Shippensburg, Pennsylvania, 17052
Social Security No.: 159-60-4376
(b) Employment
If you are presently employed, state
Employer: Eat 'N Park; The Treat Restaurant
Address. 1251 Harrisb~g Pike, Carlisle; 9846 Molly Pitcher Highway, Shippensburg
Salary or wages per month: $270 per week (total net)
Type of work: Serveq Short-order cook
If you are presently unemployed, state
Date of last employment:
Salary or wages per month.
Type of work:
(c) Other income within the past twelve months
Business or profession:
Other self-employment:
Interest:
Div/dends.
Pension and annuities:
Social security benefits:
Support payments' Two $80 child support payments - not generally receiving support
Disability payments:
Unemployment compensation and supplemental benefits:
Workman's compensation:
Public Ass/stance:
Other:
(d) Other contributions to household support
(Wife)(Husband) Name:
If your (wife)(husband) is employed, state
Employer:
Salary or wages per month:
Type of work:
Contributions from children:
Contributions fi'om parents:
Other contributions:
(e) Property owned
Cash: $10
Checking account: $44
Savings account:
Certificates of deposit:
Real estate (including home):
Motor vehicle: 1986 Mazda
Cost, Amount Owed: Cost- $800; Amount Owed- $0
Stocks; bonds:
Other:
(f) Debts and obligations
Mortgage: $266.53
Rent: $175 (lot reno
Loans- Defaulted auto loan - $5,000
Other: Outstanding medical bills: at least $311
Child care expenses- $224 per month
Outstanding judgement: $1,200
Child support: $55 per week
Persons dependent upon you for support
(Wife)(Husband) Name:
Children, if any:
Name: Age:
Sarah Nicole Griffie* 13
Hillary Meredith Griffie* 11
Eric Lee Griffie* 8
Samual Gene Moore 4
Sequoia Dawn Femengel 2
* Does not currently live with Plaintiff, but Plaintiff pays child support.
Other persons:
Name: Relationship:
RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA
·
· No. 01 - 2248 CIVIL
V.
·
THOMAS H. FERNENGEL, I. ·
Defendant. · IN DIVORCE
NOTICE
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 SECTION 3301 (d)
OF THE DIVORCE CODE
1. The parties to this action separated on November 13, 2000 and 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 fights 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 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
RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA
·
v. · No. 01- 2248 CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. · IN DIVORCE
CERTIFICATE OF SERVICE
I, Megan Malone, Certified Legal Intern, the Family Law Clinic, do hereby certify that I
have served a true and correct copy of Plaintiff's Affidavit under §330 l(d) of the Divorce Code
on the following by placing a copy of the same in the United States Mail, first class, postage
prepaid on this the thirteenth day of November, 2002.
Thomas Femengel
c/o Pastor Bob Kauffman
104 East Coover Street
Mechanicsburg, PA 17055
Date:_ .. _ Megfffi Malone
Certified Legal Intern
· . SHERIFF' S RETURN - NOT FOUND
CASE NO' 2001-02248 P
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
FERNENGEL RHONDA S
VS
FERNENGEI. THOMAS H I
R. Thomas Kline ,Sheriff or Deputy Sheriff, who being
duly sworn according to law, says, that he made a diligent search and
inquiry for the within named defendant, DEFENDANT
but was
FERNENGEI, THOMAS H I
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - DIVORCE ,
, NOT FOUND , as to
the within named DEFENDANT , FERNENGEL THOMAS H I
!
RETURN TO FAMILY LAW CLINIC PER DEBRA HART.
·
Sheriff's Costs- So
Docketing 18.00
Not Found 5.00
Affidavit .00 Imas Kline
Surcharge 10.00 iff of Cumberland County
.00
33.00
00/00/0000
Sworn and subscribed to before me
this ~ ~ day of ~
- p~o~honotary
· IN THE COURT OF COMMON PLF~S OF
RHO~A S. ~ERNENGEL, . CUMBERi~ND' COUNt, PENNSYLVANIA
Plaintiff,
·
· t c vxL
¥.
THOMAS H. FERNENGEL, I. '
Defendant. · 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 cla~, or relief requested in
these papers by the plaintiff. You may lose money or property or other fights 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
Prothonotary at the Cumberland County Courthouse, Carlisle, Pennsylvania.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
LAWYER'S FEES OR EXPOSES 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 OUR WHERE YOU CAN GET LEGAL HELP.
Curnbefland County Bar Association
2 Liberty Avenue
Carlisle, PA 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 thc scheduled conferencc or hcaring. ' .~i ]:~! "-
..
Court Adminis~tor F..:" . ..;
Cumberland County Courthouse =~..!:_._
T'RUE COPY FROM RECORD Carlisle, PA 17013, _.. --
,n Testimony ~vnereof, I here unto set my ham3 (717) 24045200 '. ':
· .'.~d the se~l of sai,~o~at Cafllslo..Pa. :'. ~. -
rhi~/'7~/~ d;~; ~ ~ n ~t I~ ~-~ ( . -:-:
RHONDA S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff, · CUMBE~ COUNTY, PENNS~VA~
· No. 01 - CIVIL
¥.
·
THOMAS H. FERNENGEL, I. '
Defendant. · IN DIVORCE
OF THE DIVORCE CODE
The plaintiff, Rhonda S. Fernengel, by her attorney, the Family Law Clinic, sets forth the
following cause of action:
1. Plaintiff is Rhonda Sue Femengel, who currently resides at 50 Short Lane, Shippensburg,
Cumberland, County, Pennsylvania, since February 1999.
2. Defendant is Thomas H. Femengel, I., who currently resides at 13 Hershey Lane,
Shippensburg, Cumberland County, Pennsylvania, since November 2000.
3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least
six months immediately previous to the filing of this Complaint.
4. The Plaintiff and Defendant were married on January 10, 1998, in New Cumberland,
Pennsylvania.
5. There have been no priOr actions of divorce or for annulment between the parties.
6. The marriage is irretrievably broke~...
7. Plaintiff and Defendant have lived separate and apart since November 13, 2000._
8. Plaintiff has been advised that counseling is available and that Plaintiff may have the
fight to request that the court require the parties to participate in counseling.
9. Plaintiff, an injured and innocent spouse, avers that by cruel and barbarous treatment, the
Defendant has endangered the life and health of the Plaintiff.
10. Plaintiff avers that Defendant, in violation of his marriage vows under the laws of the
Commonwealth of Pennsylvania, has offered such indignities to the person of the Plaintiff, an
injured and innocent spouse, as to render the condition of the Plaintiff intolerable, and life
burdensome.
WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the
Date: ~ ~ B. Miller
e
/Certified Legal Intern
~r, tt~MAS M. PLACE
ROBERT E. RAINS
Supervising Attorneys
TERI L. HENNING
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
RHONDA S. ~ERNENGEL, · IN TI-~ COURT OF COMMON PLEAS OF
Plaintiff, . CUMBERLAND COLrNTY, PENNS~VA~
·
· No. 01 - CIVIL
V.
·
THOMAS H. FERlqENGEL, SR. '
Defendant. · IN DIVORCE
VERIFICATION
I verify that the statements made in this Complaint for Divorce 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 unswom falsification to authorities.
RHO~A S.~FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff · CUMBERLAND COUNTY, PENNSYLVA~ ...
·
v. · CML ACTION-LAW
·
·
THOMAS H. FERNENGEL I., ·
Defendant '
· oB-4' '
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow Rhonda $. Femengel, Plaintiff, to proceed in forma pauperis.
I, Julie B. Miller, Certified Legal Intern in the Family Law Clinic, for the party proceeding
in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing
free legal service to the party. The party's affidavit showing inability to pay the costs of litigation
is attached hereto.
B. Mille~~ "
fled Legal Intern
· R ERT E. RAINS
THOMAS M. PLACE ..... .'.:':.'. "'
· ._ TERIL. HENNING. r:."-.".,
in§
Supervis Attorneys ,:-"'.
.,-'T-' -.. _
· ...
THE FAMILY LAW CLINIC '-' "
·
45 North Pitt Street .:... :....
Carlisle, PA 17013 .
(717) 243-2968
RHONDA S.~ERNENGEL, · IN TttE COURT OF COMMON PLEAS OF
Plaintiff . CUMBERLAND. COUNTY, pENNS~VA~
·
· civil ACTION - LAW
THOMAS H. FERNENGEL, I., '
Defendant · NO. 01- CIVIL TERM
TO PROCEED IN FORlVlA PAUPERIS
1. I am the Plaintiff in thc above matter and becaUSe of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to pay
the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and costs
is true and correct.
(a) Name: Rhonda S. Femengel
Address: 50 Short Lane, Shippensburg, Pennsylvania, 17052
Social Security No.' 15940-4376
(b) Employment
If you are presently employed, state
Employer:. Eat 'N Park; The Treat Restart
Address: 1251 Ham' sb~g Pike, Carlisle; 9846 Molly Pitcher Highway, Shippensburg
Salary or wages per month: $270 per week (total net)
· Type of work: Server, Short-order cook
If you are presently unemployed, state
Date of last employment: -
· Salary or wages per month: _
Type of work:
(c) Other income within the past twelve months
Business or profession: .
Other self-employment:
Interest:
Dividends:
Pension and annuities:
Social security benefits:
~m
....
~ Support payments: Two $$0 child support payments - not generally receiving sut~orr
Disability payments:
Unemployment compensation and supplemental benefits:
Worhnan's compensation:
Public Assistance:
Other:
(d) Other contributions to household support
(Wife) (Husband) Name:
If your (wife)(husband) is employed, state
Employen
Salary or wages per month:
Type of work:
Contributions from children:
Conm'butions from parents:
Other contributions:
(e) Property owned
Cash: $10
Checking account: $44
Savings account:
Certificates of deposit:
Real estate (including home)'
Motor vehicle: 1986 Mazda
Cost, Amount Owed: Cost- $800~ Amount Owed- $0
Stocks~ bonds:
Other:
(f) Debts and obligations
Mortgage: $266.53
Rent: $175 (lot rent)
Loans: Defaulted auto loan- $5,000
Other: Outstanding medical bills: at least $311
Child care expenses: $224 per month
Outstanding j udgc~nent: $1,200
Child support: $55 per week
Persons dependent upon you for support
· (Wife) (Husband) Name:
Children, if any:
Name: Age: _
Sarah Nicole Gri~e* 13
Hillary Meredith Griffie* 11
Eric Lee C-riffle* 8
Samual Gene Moore 4 '
Sequoia Dawn Fernengel 2
* Does not currently live with Plaintiff, but Plaintiff pays child support.
Other persons' Relationship:
Name:
~m
4. ~I understand that I have a continuing obligation to inform the court of improvement
·
in my financial circumstances'which would permit me to pay the costs incurred herein.
5. 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 unswom
falsification to authorities.
·
Date
RHO~A S. FERNENGEL, ' IN THE COURT OF COMMON PLEAS OF
Plaintiff, ' CUMBERLAND COUNTY, PENNSYLVANIA
·
v. ' No. 01 - 2248 CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. ' IN DIVORCE
PRAECIPE TO RE~STA~ THE COMPLAINT
To the Prothonotary.
Please reinstate the complaint in the above-captioned case.
Matthew P. Hughson
Certified Legal Intern
THOMAS M. PLACE
ROBERT E. RAINS
TERI L. HENNING
Supervising Attorneys
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
(717) 243-2968
Fax: (717) 243-3639
Attorneys for Plaintiff
RHO~A S. FERNENGEL, · IN THE COURT OF COMMON PLEAS OF
Plaintiff,
i CUMBERLAND COUNTY, PENNS~VANIA
v. ' No. 01- 2248 CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. · IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under §3301(c) of the Divorce Code was filed on April 17,
2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of intention
to request entry of the decree.
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
unswom falsification to authorities.
Date
RHONDA S. FERNENGEL, ' IN THE COURT OF COMMON PLEAS OF
Plaintiff,
i CUMBERLAND COUNTY, PENNS~VAN~
V.
· No. 01 - 2248 CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. ' IN DIVORCE
ENTRY OF A DIVORCE DECREE UNDER
3301 e OF TI~ DIVORCE CODE
1. I consent to the entry of a final decree of divorce without notice.
2. 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.
3. I understand that I will not be d/vorced 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 in this affidav/t 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.
RHONDA S. FERNENGEL, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, · CUMBERLAND COUNTY, PENNSYLVANIA
v. : No. 01 - 2248 CIVIL
:
THOMAS H. FERNENGEL, I. :
Defendant. : IN DIVORCE
CERTIFICATE OF SERVICE
I, Megan Malone, Certified Legal Intern, do hereby certify that on this 8t~ day of July,
2002, I have served a true and correct copy of the Plaintiff's Affidavit of Consent and Waiver of
Notice of Intention to Request Entry of a Divorce Decree Under §3301 (c) of the Divorce Code
by placing the same in the United States Mail, postage prepaid to the following persons:
Thomas H. Femengel,
30 N. 16~ Street
Harrisburg, PA 17104
Rhonda S. Femengel
50 Short Lane
Shippensburg, PA 17257
Meg~alone
Certified Legal Intern
RHONDA S. FERNENGEL, ' IN THE COURT OF COMMON PLEAS OF
Plaintiff, ' CUMBERLAND COUNTY, PENNSYLVANIA
·
v. ' No. 01- 2248 CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. ' IN DIVORCE
CERTIFICATE OF SERVICE
I, Megan Malone, Certified Legal Intern, the Family Law Clinic, do hereby certify that I
have served a true and correct copy of the Praecipe to Transmit Record and Vital Statistics on the
following by placing a copy of the same in the United States Mail, first class, postage prepaid on
this the thirty-first day of December, 2002.
Thomas Femengel
15 Church Street
Mechanicsburg, PA 17055
~gaWMalon~
Certified Legal Intern
I
RHONDA S. FERNENGEL, ' IN THE COURT OF COMMON PLEAS OF
Plaintiff,
i CUMBERLAND COUNTY, PENNS~VAN~
v. ' No. 01- 2248 CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. ' 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 under Section 330 l(d) of the Divorce
Code.
·
2. Date and manner of service of the complaint: April 17, 2001 by personal delivery from
the Dauphin CoUnty Sheriff.
3. Date of execution of the Plaintiff's Affidavit required by Section 3301(d) of the
Divorce Code: November 13, 2002; Date of service of the Plaintiff's Affidavit upon the
respondent: November 13, 2002.
4. Related claims pending: none.
5. Date and manner of service of the notice of intention to file praecipe, a copy of which
is attached: United States mail, first class, postage prepaid on December 5, 2002.
Date ()~ /?
..t eg.~fl~l. _alone
uertified Legal Intern
'rso /s -
PLACE
ROBERT E. RAINS
LUCY JOHNSTON-WALSH
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717/243-2968
RHONDA S. FERNENGEL, · 1N THE COURT OF COMMON PLEAS OF
Plaintiff, ' CUMBERLAND COUNTY, PENNSYLVANIA
·
V.
· No. 01- 2248 CIVIL
·
THOMAS H. FERNENGEL, I. ·
Defendant. · IN DWORCE
NOTICE OF INTENTION TO REQUEST ENTRY
OF § 3301(d) DIVORCE DECREE
TO' DEFENDANT:
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, on or after December 25, 2002, the
other party can request the court to enter a final decree in divorce.
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 above date, 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.
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 fight 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 WHE~ YOU CAN GET LEGAL
HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
(717) 249-3166
AMERICANS WITH DISABILITIES ACT OF 1990
The Court 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 heating or
business before the court. You must attend the scheduled conference or hearing.
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
STATE Of PENNA.
Rhonda $. Fernengel
Plaintiff NO. 0! -2248 civil
VERSUS ...
Thomas. H. Fernengel, I ~ ~ f
De fondant ~ ~//~ ~~
DEC REE IN ~~' ~'
DIVORCE
AND NOW, _ , , lt..IS ORDERED AND
DECREED THAT Rhonda S. Fernengel , PLAINTiff,
AND Thomas H. Fernenqel, I , 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
ATTEST: j.
·
PROTHONOTARY