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HomeMy WebLinkAbout04-4703v MILICA IVANOVSKA, Plaintiff V. FRED CHARLES ASCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NOCIVIL TERM CIVIL ACTION - LAW 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 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, LAWYERTS 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 COUNTYBARASSOCIA77ON 32 SOUTH BEDFORD CARL.rSLE, PA 17013 (717) 249-3166 OR (800)990-9108 .r MILICA IVANOVSKA, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PA V. : NO. o 4 - 4'70JCIVIL TERM FRED CHARLES ASCHER, : CIVIL ACTION - LAW Defendant . IN DIVORCE COMPLAINT 1. Plaintiff is Milica Ivanovska, who currently resides at 38 Winchester Gardens, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Fred Charles Ascher, who currently resides at 4459 Willow Brooks, Los Angeles, California 90029. 3. The Plaintiff 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 December 20, 2002, in Los Angeles, California. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There had been a prior action of divorce filed in Los Angeles, California; however, no divorce decree was obtained as a result of that action. 7. Divorce is sought pursuant to the provisions of the Divorce Code, 5 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since December 2002, 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. Respectfully submitted, DATE 001 41© 1" ABOM & KUTULA"S, L.L.P. Kara W. Haggerty 36 South Hanover eet Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ID No. 86914 VERIFICATION I, MILICA IVANOVSKA, 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. g 4904 relating to unsworn falsification to authorities. Date 061'9'5110'C . ? X LICA IVANOVSKA 0i ? s c N MILICA IVANOVSKA, Plaintiff v. FRED CHARLES ASCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4703 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE TO THE PROTHONOTARY OF SAID COURT: PRAECIPE TO REINSTATE DIVORCE COMPLAINT Kindly reinstate the Divorce Complaint docketed 04-4703 Civil Term. Respectfully submitted, DATE 02-110106 ABOM Fr KuTULAKIS, L.L.P. till Kara W. Haggerty ` 36 South Hanover Str Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff ID No. 86914 MILICA IVANOVSKA, Plaintiff V. FRED CHARLES ASCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4703 CIVIL TERM CIVIL ACTION - LAW 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 (20) 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 February 5, 2000, and have continued to live separate and apart for a period of at least two (2) years. 2. The marriage is irretrievably broken. 3. 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. 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: a J bJ ILICA IVANOVSKA , ? i Wv r ?. _.. _. -'i?.. MILICA IVANOVSKA, Plaintiff V. FRED CHARLES ASCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA . NO. 04-4703 C:EVIL TERM CIVIL ACTION - LAW IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(d) OF THE DIVORCE CODE TO: Fred Charles Ascher 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 March 8, 2005, 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 right 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 WHERE YOU CAN GET LEGAL HELP CUMBERLAND COUNTYBAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 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. a n? Date: 'oS VII? YdLICA IVANOVSKA MILICA IVANOVSKA, Plaintiff V. FRED CHARLES ASCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAI',fD COUNTY, PA NO. 04-4703 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COUNTER AFFIDAVIT UNDER 6 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): ? .(a) I do not oppose the entry of a divorce decree. ? (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): ? (i) The parties to this action have not lived separate and apart for a period of at least two years. ? (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): ? (a) I do not wish to make any claims for economic relief. 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. ? (b) I wish to claim economic relief which may, include alimony, division of property, lawyer's fees or expenses or other important rights. I understand that in addition to check (b) above, I must: also file all of my economic claims with the Prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request: Divorce Decree, the divorce decree may be entered without further notice to me, and I shall be unable thereafter to file any economic claims. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 54904 relating to unsworn falsification to authorities. Date: FRED CHARLES ASCHER ?.. 4. ? S 1 l 'i u MILICA IVANOVSY-A, plaintiff V. FRED CHARLES ASCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA N0.04-4703 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PgAECIPE TO TRANSMIT THE RECORD To the Prothonotary: with the following information, to the court or Transmit the record, together entry of a divorce decree: irretrievable breakdown under §3301(c) of the . round(s) for divorce: 1 G Divorce Code. 2005, by hand- 2. Date and manner of service of the Complaint: July 3, delivery. 3. Complete either paragraph (a) or (b): ) Date of execution of the Affidavit of Consent required by (a §3301(C) of the Divorce Code: by Plaintiff Februal; by Defendant u1 3 2005. 3301 d of the (b) (1) Date of execution of the Affidavit required by g ( ) Divorce Code: N/A (2) Date of filing and service of the Plaintiff's affidavit upon the Respondent: N/A Related claims pending: None 4. 5. Complete either paragraph (a) or (b): (a) Date and manner of service of the notice of intention to file pe to transmit record, a copy of which is attached: Februa+v 10, 2005. Praeci 3301( (b) Date Plaintiff's Waiver of Notice in ?c) Divorce was filed with the Prothonotary: of Notice in 53301(c) Divorce was filed Date Defendant's Waiver D with the Prothonotary: N-LA- DATE r1 t es Respectfully submitted, ABom & KUTULAA7s, L.L.P Attorney for Plaintiff ID #86914 (717) 249-0900 s e Kara W. Haggerty, 36 South Hanover Street Carlisle, Pennsylvania 17013 C7 N C_ ? C cn 17 ?, ?? ?' y 't 1 I l T : ?_ . r ~ 'S7 _ ' 1 t +'i ? -r -f. 4? W ?^•? . N ? ) -? CERTIFICATE OF SERVICE hereby 2005, I, Kara W. Haggerty, Esquire, y AND NOW, this 12th day of July, a true and correct copy of the foregoing Praecipe to Transmit certify that I did serve Record upon the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Fred Charles Ascher 4459 Willow Brooks Los Angeles, CA 90029 DATE D1 13 V 5 Respectfully submitted, AB0M & KurULAjas, LL.P ' Kara W. Haggerty> 36 South Hanover Streetxe Carlisle, Pennsylvania 17013 (717) 249-0900 Attorn9 for Plaintiff ID #86914 ? ti c_ ° = o ?, , ?, ,;' ? -? R;-n _ '? .C' - - ` ) 1 q(1 Zi ! j_ , f ?? ?<? N j ?T7 .;? ? r; V A .r: MILICA IVANOVSKA, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FRED CHARLES ASCHER, DEFENDANT 04-4703 CIVIL TERM ORDER OF COURT AND NOW, this `Z-V day of July, 2005, the request for the entry of a final decree of divorce, IS DENIED at this time.' By the Court, j Edgar B. Bayley, J. ,Kara W. For Plai :sal Haggerty, Esquire 'The docket does not contain proof of service of the complaint or proof of service of the Section 3301(d) Affidavit. 0`1' ? ^? ?: =? <_ T - "' , ?,?:: ? -?, ? v>? , :r -;, ; . t ? e:.=. i fl? ==i t:? -=t MILICA IVANOVSKA, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 04-4703 CIVIL TERM FRED CHARLES ASCHER, CIVIL ACTION - LAW Defendant IN DIVORCE AFFIDAVIT OF SERVICE I, Milica Ivanovska, hereby certify that I did serve a true and correct copy of the Divorce Complaint upon the Defendant on '4 19 ?n5 _> 2005, by hand delivering a copy of the Complaint at the following address: Fred C. Ascher 4459 Willow Brook Avenue Los Angeles, CA 90029-2815 A Date: U3 f?5? ilica Ivanovska LIP a. CZ z w -? MILICA IVANOVSKA, Plaintiff v. FRED CHARLES ASCHER, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 04-4703 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT THE RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground(s) for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: July 3, 2005, by hand- delivery. 3. Complete either paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: by Plaintiff Februaw 9.2005; by Defendant 3.2005. (b) (1) Date of execution of the Affidavit required by §3301(d) of the Divorce Code: N/A ; (2) Date of filing and service of the Plaintiffs affidavit upon the Respondent: 4/19/05 4. Related claims pending: None 5. Complete either paragraph (a) or (b): (a) Date and manner of service of the notice of intention to file Praecipe to transmit record, a copy of which is attached: February 10, 2005. (b) Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: N/A; Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: N/A. DATE 5 Respectfully submitted, AHom & EuTuLAras, L.L.P V,g,kilo, I- L, Kara W. Haggerty uire 36 South Hanover et Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 CERTIFICATE OF SERVICE AND NOW, this 12th day of August, 2005, I, Kara W. Haggerty, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Praecipe to Transmit Record upon the Defendant by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: Fred Charles Ascher 4459 Willow Brooks Los Angeles, CA 90029 DATE D?1 D Respectfully submitted, ABOM & KuTULAKIS,L.L.P Kara W. Haggerty, s e 36 South Hanover S Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plainhy ID #86914 a T n .?e3 ?A c n N MILICA IVANOVSKA, IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. FRED CHARLES ASCHER, DEFENDANT 04-4703 CIVIL TERM ORDER OF COURT AND NOW, this _Z__E? of a final decree of divorce, IS DENIED.' of August, 2005, the request for the entry Byyh+s Court, Edgar B. Bayley, J. ' (a) No adequate service of the complaint has been filed of record. Rule 1920.4(a) provides that service of original process and proof of service shall be pursuant to Rule 1930.4. Rule 1930.4(a)(1) provides that a competent adult may serve the defendant by handing a copy to the defendant. Rule 1930.4(h)(3) provides that "Proof of service by a person other than the Sheriff shall be by affidavit." The "Affidavit of Service" filed by plaintiff is not an adequate affidavit as defined in Rule 76. (b) The praecipe to transmit the record dated August 19, 2005, sets forth that defendant filed an affidavit of consent under Section 3301(c) of the Divorce Code, on July 3, 2005. No such affidavit of consent has been filed. (c) Rule of Civil Procedure 1920.72(d) requires that a Section 3301(d) affidavit notify the other party to file a counter-affidavit within twenty (20) days of service, or the statements in the affidavit will be admitted. Rule 1920.73, providing for a notice of intention to request the entry of a Section 3301(d) divorce decree, requires that it include a statement that, "You have failed to ... file a counter- affidavit to the § 3301(d) affidavit. Therefore, on or after (a date), the other party can request the court to enter a final decree in divorce." (Emphasis added.) Here, if this is really a Section 3301(d) case, notwithstanding the current praecipe, the praecipe, states "Date and manner of service of Notice of Intention to file a praecipe to transmit record, a copy of which is attached: February 10, 2005. No copy is attached. Furthermore, that is one day after the affidavit of Section 3301(d) of a divorce was dated, February 9, 2005, and the day it was filed February 10t". Because defendant has twenty days from service of the Section 3301(d) affidavit to file a counter-affidavit, defendant cannot be notified on the same day it is served that there has been a failure to file a counter- affidavit. p vs? U N Curtis R. Long Prothonotary office of the Vrotbonotarp ?CumberYartb ?Cuurttp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor n'4 -!q 763 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA R. C P 230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square • Carlisle, Pennsylvania 17013 • (717) 240-6195 • Fax (717) 240-65-7z