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Home My WebLink About04-5024 11 ", ] KIMBERLY C. FETTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 2004- S6:J.l..{ CIVIL BRYON S. FETTER, 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 action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or properly or other rights important to you. 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 II KIMBERLY C. FETTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. :NO. 2004 - ~CJ.L( CIVIL BRYON S. FETTER, Defendant : IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(0) OF THE DIVORCE CODE 1. Plaintiff is Kimberly C. Fetter, an adult individual who currently resides at 131 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013-7683. 2. Defendant is Bryon S. Fetter, an adult individual who currently resides at 403 First Street, Carlisle, Cumberland County, Pennsylvania 17013-7683. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 21, 1996 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. 8. Plaintiff requests the court to enter a decree of divorce. II WHEREFORE, the Plaintiff requests the court to enter a decree of divorce in favor of the Plaintiff and against the Defendant. By Respectfully submitted, O'BRIEN, BARIC & SCHERER #JU- Michael A. Scherer, Esquire Attorney for Plaintiff J.D. # 61974 19 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 VERIFICATION I verify that the statements made in this Complaint are true and correct. J understand that false statements herein are made subject to the penalties of 18 Pa. C.S. 94904, relating to unsworn falsification to authorities. Date:'Stp t. i 7 ,2004 ~'QV_~ (l.~ / Kimber/if' Fetter "iQ. (.) ::(s 't 7'1l ~ - ~ v C/) __ S~~ ~ ~ -r- ~ , ' "'g c...' ..'........ :--, ,., .:-- 1 ~_' c:,., "b c.~, . - L ' . KIMBERLY C. FETTER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2004-5024 CIVIL BRYON S. FETTER, Defendant : IN DIVORCE PRAECIPE TO ENTER APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Defendant, Bryon S. Fetter, in the above captioned case. Respectfully Submitted, IRWIN & McKNIGHT ~1:~ Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 Date: November 11, 2004 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: November 11, 2004 IRWIN & McKNIGHT JJA'J.~A~~; ~ Dou;:~'i:r, Esquire Supreme Court J.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 o ~;= C- r-: 0';"- ~ .... ", C~~" ':::.:-J ....- ~~~ ....,- o -n ::;-.1 _. ili ;:;'~ ::Jt~ ~~~i ~~:~ _.~ 1- N -0 -"1" ......,... N x;- o KIMBERLY C. FETTER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO.: 2004-5024 CIVIL BRYON S. FETTER, Defendant IN DIVORCE PETITION TO REOUIRE COUNSELING AND NOW, th~y of December, 2004, comes the DefendantIPetitioner, Bryon S. Fetrer, by and through his attorneys, Irwin & McKnight, and presents the following Petition to Require Counseling. 1. The Petitioner is the Defendant, Bryon S. Fetter who resides at 403 1 st Street, College Park Apartments, Carlisle, Pennsylvania. 2. The Respondent is the Plaintiff, Kimberly D. Fetter who resides at 131 Faith Circle, Carlisle, Pennsylvania. 3. The Petitioner has requested that the Respondent attend counseling as required by the Divorce Code. She has refused to attend counseling sessions voluntarily. 4. Petitioner requests that Respondent be required to attend counseling with Karen Sabatini at Christian Services Counseling Center in Carlisle, Pennsylvania. 4. The Petitioner requests that this Honorable Court order the Respondent to attend counseling sessions as required by law. Respectfully submitted, IRWIN & McKNIGHT By: ~riw~ Supreme Court LD.: 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Dated: December 8, 2004 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, PA 17013 Date: December 8, 2004 IRWIN & McKNIGHT ~u~N AI. ~ Dougi~Gltiner, Esquire Supreme Court I.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvania 17013-3222 (717) 249-2353 '-, o (:.:' c.,,) .....~,' c:-::-. ~~.:~ c' -q r--; f ,', C, ::"'1 : " -~ I~:~. j -"'ll . r . 1"-1 .' i'r' ':_,-] ~ ;..~ '". C) -"..-(,,,, .~ KIMBERLY C. FETTER, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO.: 2004-5024 CIVIl, BRYON S. FETTER, Defendant IN DIVORCE PETITION TO REQUIRE COUNSELING AND NOW, th~ of December, 2004, comes the DefendaotlPetitioner, Bryon S. Fetter, by and through his attorneys, Irwin & McKnight, and presents the following Petition to Require Counseling. 1. The Petitioner is the Defendant, Bryon S. Fetter who resides at 403 1 st Street, College Park Apartments, Carlisle, Pennsylvania. 2. The Respondent is the Plaintiff, Kimberly D. Fetter who resides at 131 Faith Circle, Carlisle, Pennsylvania. 3. The Petitioner has requested that the Respondent attend counseling as required by the Divorce Code. She has refused to attend counseling sessions voluntarily. 4. Petitioner requests that Respondent be required to altend counseling with Karen Sabatini at Christian Services Counseling Center in Carlisle, Pennsylvania. 4. The Petitioner requests that this Honorable COUirt order the Respondent to attend counseling sessions as required by law. Respectfully submitted, IRWIN & McKNIGHT By: --u-a.A/ )~r ~ ~r, 18:sqwre Supreme Court I.D.: 83776 60 West Pomfret Street Carlisle, PA 17013 717-249-2353 Dated: December 8, 2004 CERTIFICATE OF SERVICE I, Douglas G. Miller, Esquire, do hereby certify that I have served a true and correct copy of the foregoing document upon the persons indicated below by first class United States mail, postage paid in Carlisle, Pennsylvania 17013, on the date set forth below: MICHAEL A. SCHERER, ESQUIRE O'BRIEN, BARIC & SCHERER 19 WEST SOUTH STREET CARLISLE, P A 17013 Date: December 8, 2004 IRWIN & McKNIGHT ~4.~ Douglas G. . Ie)', Esquire Supreme Court 1.D. No. 83776 West Pomfret Professional Building 60 West Pomfret Street Carlisle, Pennsylvcmia 17013-3222 (717) 249-2353 (-) ....' (~_' c-.~ I. , ",.;,~". <_J ~ '\ ...~ ~~-l " r ~ . c; :::"1 ,-: ., , " (~.;. _ I',';! '. .1 .) -" -. (f DEe 1 3 1004 ::J/ KIMBERLY C. FETTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v. : NO.: 2004-5024 CIVIL BRYON S. FETTER, Defendant : IN DIVORCE ORDER OF COURT AND NOW, this 'S"""daY of ~ ., 2004, it is hereby Ordered and Decreed by this Court that the Respondent attend marriage counseling sessions as required by law. It is further Ordered that the counseling sessions shall be completed no later than two months from the date of this Order. J. .. " t,f .J y~ . " J "" , "- '" c ' -t-fD - ..." 1.~-'_ .....\ " \:\ !'_I f, ~ ~i, > , _, } .- (' I r:-;Q ~'g~ ':'1.(' \~,d ',:1- ,-I.." L'i'V " \ . , ,'-' . - ~ ' , . .': ':=;'~.l. ~'_' , II ~ II KIMBERLY C. FETTER, Plaintiff v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5024 CIVIL TERM CIVIL ACTION-LAW IN DIVORCE BRYON S. FETTER, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 October 5,2004. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 3. I consent to the entry of a final decree in divorce without 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. 6. I have been advised of the availability of marriage counseling and understand that I may request that the court require counseling. I do not request that the court require counseling. , verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penaities of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: it L Cu ' /0 I Z006 ) rt ! '~' . tt-c.__ C. Fetter () ......, 0 ("'~,:: ~~ c::~) -rl c,.... ::E -I -U I:; , ::r: ~. " 1 - ~.. It' f"::' :;-:1 -C.l r(), ~ '"( (; 01 ;_i C'. '::~: , ! , -U >l -. Z' :,);,: :~ C) ;-i1 -';;':. r:Y ~==\ !:,:" t',) ~'.... ~ (,.:- .< II ~ II II Ii I KIMBERLY C. FETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5024 CIVIL TERM v. BRYON S. FETTER, Defendant CIVIL ACTION-LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT, ACCEPTANCE OF SERVICE AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF 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 October 5, 2004. 2. Defendant acknowledges receipt and accepts service of the Complaint on October 6,2004. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree in divorce without notice. 5. 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' I I II II I 7. I have been advised of the availability of marriage counseling and ! understand that; may request that the court require counseling. I do not request that II the court require counseling. I 6. 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 this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Date: 3-/D-D~ 44~_, ---- - -.... n r-' () c"' C C;;") '-n c.--' :::".,-" --, cJ u -';;" :t;"'"'r1 I-,j :r.:r" n li~~ :,-1;) -nr,; " .iC; (J; .~~ Co " .y. -0 " -,) (~-j rn r~) ---; ,,~ ?E N .< ,I -- KIMBERLY C. FETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2004-5024 CIVIL TERM BRYON S. FETTER, Defendant CIVIL ACTION-LAW IN DIVORCE CERTIFICATE OF SERVICE I, Michael A. Scherer, Esquire, attorney for the Plaintiff in the above-captioned divorce action, do hereby certify that I served a certified copy of the Complaint in Divorce to the Defendant, as per the attached U.S. Postal Service Certified Mail, return receipt card. O'BRIEN, BARIC & SCHERER ~r: Michael A. Scherer, Esquire I I II II I. ., II I I 1 1 DATE: March 14, 2006 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ~~ ent D Address~~ C. Date of De'jv~7 /0//3{:;..0'/" D. Is delivery address different from Item 1? 0 Yes If YES, enter delivery address below: 0 No BRYON S FETTER 403 1ST ST CARLISLE PA 17013-1802 3. Service Type JO CertIfied Mail 0 Express Mail o Registered 0 A:eturn Receipt for Merchandise o InSUred Malt 0 G.O.D. 4. Restricted Delivery? (Extra Fee) ca Yes 2. Article NUmber rrransferfrom service kibeI) I ' PS Form 3811, February 2004 ~ 7003 1010 0001 1187 0141 Domestic Return Receipt 102595-02-M-1540 n 'i r-~') f~ :;2:- :.::-=, -;;'~ - <p. -0 ~~~ ~) ('') ~l ..... :J-->} n1Cn -'"\~\ -. ~~\~ - ::~> /-:",. ~-:i 'pO ::11 ~ rv .' rv (..> I - I KIMBERLY C. FETTER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5024 CIVIL TERM V. BRYON S. FETTER, Defendant CIVIL ACTION-LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: II Transmit the record, together with the following information, to the Court for entry of a divorce decree: I, I I I /1 II I' I I I I ,I Ii !/ I i , I 1. Ground for divorce: irretrievable breakdown under Section 3301 (c)of the Divorce Code. 2. Date and manner of service of the Complaint: Service was made by USPS Certified Mail on October 13, 2004. 3. (complete either paragraph (a) or (b).) A. Date of execution of the affidavit of consent required by Section 3301 (c) of the Divorce Code: by Plaintiff on March 10, 2006; and Defendant on March 10, 2006. B. (1) date of execution of the Plaintiff's Affidavit required by Section 3301 (d) of the Divorce COde: N/A (2) date of service of the Plaintiff's Affidavit upon the Defendant: N/A 4. Related claims pending: None. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under section 3301 (d)(1 )(i) of the Divorce COde: None. Respectfully submitted, ~~ Michael A. Scherer, Esquire (") ,..." () C'~ C '--~;:) -n , "~."' .--1 -0 _'!'.. ::r:-- ';2; r.'~ :,p,'" n1f;~ ? ?:J (\~.1 ~."} (/) <y. ,-", -"" -::;1 -'-." ;;(~. ,":,!il !'-) ::.<, !'-) :1[; (,,"\ :~ + +:+: + +. ++:+: +:+: ++;+;:+: +++ +. +-++:+: ++:+::+: + ++:+: +:+: +++:+::+: ++:+::+::+: +. + + +.:+:+: ++ +. +. + +.:+::+::+; +:+: +++.+ +++ ++ ++ ++:;::+: +. +.:+: + , , , ' : IN THE COURT OF COMMON PLEAS : , , : OF CUMBERLAND COUNTY : , , , , , , : STATE OF PEN NA. : , , , , , , , + , KIMBERLY C. FETTER, ' , + : No. 2004-5024 CIVIL: : Plaintiff : + + , + :+: VERSUS + , + + + + BRYON S. FETTER, + + + + + , + : Defendant. : , + + + + + : DECREE IN : + + + + : DIVORCE : ~ ,,;r I ().. '-II A III ~ : AND NOW, #I-~ # J- ,}.6If. , IT IS ORDERED AND : + + + , + + : DECREED THAT KIMBERLY C. FETTER , PLAI NTI FF, : + + + + + + : AND BRYON S. FETTER , 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. : + + + + + + + + + + + + + + + + + BY TH + + + + + + + + + , + + + : ATTEST.~ ~ J: ~ r ~ ;ROTHONOTARY ~ , + + + + + ~++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++~ ~/~ ~? f pp?n# ~a; <;V',.8-e, F Pry,:>"p:z.~ ~ 'FlJ 1!?'~'c . of '... .,' _.,.:': ' - . <, ' II v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-5024 CIVIL TERM KIMBERLY C. FETTER, Plaintiff BRYON S. FETTER, Defendant CIVIL ACTION-LAW IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff in the above matter, prior to the entry of a Final Decree In Divorce or 1/ after the entry of a Final Decree In Divorce dated hereby elects to resume the prior surname of Kimberly Louise Crum, and gives this written notice avowing her intention pursuant to the provisions of 54 P.S. 704. ) .&/ I Lfl Date: 3 / 2 <j. / 0 b COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND On the j,Y-tJ1day of IV) 0 ((III , 200&. before me, the Prothonotary or a notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. COMMONWEALTH OF PENNSYLVANiA Notarial Seal Amanda L. Fisher, Notary Public Carlisle Bora, Cumberland County My Commission Expires ApI'. 17, 2006 Member, Pennsyl'lar,i~-' ,I.\ssn':';,c,:in', of "Jotari8s /'7 ,i i</(.il;ltt /l.lI.../.'0 1;/ /. . ,>fJ '-ii:._\tLI~~A~