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HomeMy WebLinkAbout04-3998 II I DOUGLAS E. FESLER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- 3'iq~ CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE ELIZABETH A. FESLER, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend againstthe claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree in divorce or annulment may 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 First Floor, Cumberland County Courthouse, South Hanover Street, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL PROPERTY, LAWYER'S FEES, OR EXPENSES BEFORE A DIVORCE 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 I 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 32 South Bedford Street Carlisle. PA 17013 (717) 249-3166 II I ~ DOUGLAS E. FESLER, Plaintiff v, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA ~ NO. 04- jqq~ CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE ELIZABETH A. FESLER. Defendant COMPLAINT IN DIVORCE 1. Plaintiff is Douglas E, Fesler, an adult individual, currently residing at 437 Rich Valley Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Elizabeth A. Fesler, an adult individual, currently residing at 437 Rich Valley Road, Carlisle Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are bonafide residents of the Commonwealth of Pennsylvania and have been so for at least six months immediately previous to the filing of this complaint. 4. Plaintiff and Defendant were married on June 29, 1996 in Cumberland \ County, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Defendant is not a member of the Armed Forces of the United States of America, or its Allies. 7. The Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, the Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties have lived separate and apart since August 5, 2004 and continue to live separate and apart as of the date of this Complaint. 10. The parties' marriage is irretrievably broken. 11. Plaintiff desires a divorce based upon the belief that Defendant will, after ninety days from the date of the filing of this Complaint, consent to this divorce. II - WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce. COUNT II EQUITABLE DISTRIBUTION 12. Paragraphs 1 through 11 are incorporated herein by reference as if set forth in their full text. 13. Plaintiff and Defendant are joint owners of various items of personal property, furniture and household furnishings acquired during their marriage as well as real property, which are subject to equitable distribution. 14. Plaintiff and Defendant have incurred debts and obligations during their marriage, which are subject to equitable distribution. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree equitably dividing the parties' property and equitably apportioning the debts incurred by the parties. Respectfully Submitted TURO LAW OFFICES uVfI1.d p.~~cl Dare II I VERIFICATION I verify that the statements made in the foregoing Divorce Complaint are true and correct. I understand that false statements herein made are subject to the penalties of Pa.C.S. 94904 relating to unsworn falsification to authorities. ~1\~O~ ~R- ~) ~~ +~ ~ ~ ~ ~ "l.J ~ "t), 'u \ '-.. \ij "- ;s. ()'^~ ~ {'G~~ '\ ~~~ ~~\~ ~L ~ -, w~ c II ... DOUGLAS E. FESLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04- CIVIL TERM ELIZABETH A. FESLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE CERTIFICATE OF SERVICE I hereby certify that I served a true and correct copy of the Complaint In Divorce upon Elizabeth A. Fesler's attorney, Brain Linsenback, Esquire, by depositi~ same in the United States Mail, first class, postage pre-paid, on the l~ day of fl:;JtIUo-/- ,2004, from Carlisle, Pennsylvania, addressed as follows: Brian Linsenback, Esquire 124 West Harrisburg Street P.O. Box 310 Dillsburg, PA 17019-0310 TURO LAW OFFICES ~w ,;re 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688; FAX 717.245.2165 ~~ +~ ~ ~ ~ ~ '10 ~ ~ 10 I ~ ~'^~ ~ ~ ,\ "!\ ~~& ~ \ ~~\ . ~ ~. . ~~~~ ,,1 ~.~ ~ ~) -, -." ....1 " DOUGLAS P. FESLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3998 CIVIL TERM ELIZABETH A. FESLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301 (c) of the Divorce Code was filed on August 13, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING 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. \6\:'-,~ Date \ r-o., = ~'''::':) c....' o C) ---~ ('oj o - Ii il DOUGLAS P. FESLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3998 CIVIL TERM ELIZABETH A. FESLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301~) 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 IN THE FOREGOING 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. \i:) \ ~\ Cy(' Date \ \ (") c.: r-,j ~ c:.."j c...rl o -I1 o C") --.~ -:OJ f'-,) o II .r? I DOUGLAS f FESLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3998 CIVIL TERM ELIZABETH A. FESLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under 93301 (c) of the Divorce Code was filed on August 13, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of the final Decree in Divorce after service of Notice of Intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. 94904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. ?/x,(oo- Oat f ~~lfjf:F~)~ ~ r<) c:::.,. (-~) \-:.;1 o .1 -l -.'- ""'-11 n1p ~-;; r~- 9 t :' ---; ~.:.,_. () , , ~i-i f') C.:; --------------- II 1- t? DOUGLAS f. FESLER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3998 CIVIL TERM ELIZABETH A. FESLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE WAiVER OF iNTENTiON TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~ 3301~ 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, divisiwl of property, lawyer's fees or expenses if I do not claim them before a divorce is grar,.ad. 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 IN TH::: FOREGOING AFFIDAVIT ARE TRUE AND CORRECT. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO TH= PENALTiES OF 18 Fl.C.S. 94904 RELATING lO UNSWORN FALSIFICATION TO AUTHORITIES. i ;}C) !'J< Dat I g~t~s~fL - II ("') ,.' ,~ , f'-.;l = -c.::} c,)1 o ., -1 -1- -'- .,.., 111- 1-- fTl ,- T CJ a (-;, -, I ..,.-. 1') o II ? DOUGLAS 1. FESLER I Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04- 3f<1? CIVIL TERM ELIZABETH A. FESLER, Defendant : CIVIL ACTION - LAW : IN DIVORCE ACCEPTANCE OF SERVICE I accept service of the Complaint in Divorce on behalf of Elizabeth A. Fesler and certify that I am authorized to do so. crt? /0 V ,r Br~~ Date o~ ~.:~ ~ ~ c:> .-4 C) :r: -c _\ i1'I,~ t' , .!- 0 ~ S) -..,-., .. -. .-~~ '\ " ::--~~ (; _ Ocn ~ 1',) ::D N -< .. Douglas E. Fesler, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 04-3998 CIVIL TERM Elizabeth A. Fesler, Defendant : 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 under 9 (3301 (c)) of the Divorce Code. 2. Date and manner of service of the complaint: Served first class mail on or about August 17, 2004 upon Brian C. Linsenbach, Esquire, attorney for defendant. Acceptance of service is attached hereto. 3. Date of execution of the Affidavit of Consent required by 93301 (c) of the Divorce Code. By Plaintiff: October 4, 2005 By Defendant: September 29, 2005 4. Related claims pending: None. Date the Waiver of Notice in 93301 (c) divorce was filed with the Prothonotary: By Plaintiff: October 4, 2005 By Defendant: October 4, 2005 ,.:'t::+::+::+::+::+: . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. .. . :+::+;,.;:ti:+: . .. .. :+:;+;;+;:+::+::+: :+Of.:f.~ . ;+;:+::+::+::+::+::+::+::+:'+:+::+::+::+:~:+:+:+::+;+;:ti :+ :+: :+: + :+: :+ :+: +:+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS OFCUMBERLANDCOUNTY STATE OF PEN NA. DOlleJl;;:t!::: P Fp~lpr No. 04 '3QQ~ Plaintiff VERSUS Elizabeth A. FOEller Defond:mt DECREE IN . . . . DIVORCE <+ . . . /Ych w , IT IS ORDERED AND . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . +'+ '+:+::+:+: +::+:;+;:+: AND NOW, /z- ~ 7.001) ARE DIVORCED FROM THE BONDS OF MATRIMONY. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :+ :+ :+: ~ Of. Of. :+ :+: :+ :+ :+ + :+ Of:+: DECREED THAT nnlll)l~Q p F~sler , PLAINTIFF, Elizabeth A. AND Fp-~lpr , 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 UR~L ....-? Ams .a--d~ PROTHONOTARY -- - "'" . . :+ +::+::+:+:+:++ 't'+:+:+::+:;+: Of:+;+: Of :+;+::+::+::+;+::+::+:+:;+:++;+;++ . +;+: Of:+ +:+ . . . . . . . . . . . . . . . J. I'difJ1 pi t#J.1"J r ~.~ . . .1. oj' . _, ._ ;.- ft:;' !: ~ ~ 51 ') ~ p ::zr,f,W f'"'? ~. 'i:1 iJ/ ~ . ,. __. . .J .