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Home My WebLink About05-3068 v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA No.b5-3cJ..6vIL TERM DANIELLE K. GUTSHALL-MITTEN, Plaintiff RUSSELL P. MITTEN, III, Defendant CNILACTION -LAW IN DNORCE 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 maybe 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. CUMBERlAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 DANIELLE K. GUTSHALL-MITIEN, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLANI~JPUNTY, PA NO. Of; ~ ~ 0 CIVIL TERM RUSSELL P. MITTEN, III, Defendant CNILACTION - LAW IN DIVORCE COMPLAINT 1. Plaintiff is Danielle K. Gutshall-Mitten, who currently resides at 208 E. Keller Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 2. Defendant is Russell P. Mitten, who currently resides at 854 Mountain Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant have been bona fide residents 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 October 30, 1999 at Newville, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 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 (c), in that: a. The marriage is irretrievably broken. 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, ABOM & KUTULAKlS, L.L.P. DATE tit I/-des k~ uL /( Ilti{ [ L{-h Kara W. Haggerty ( / 36 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attorney for Plaintiff ID No. 86914 VERIFICATION I, DANIELLE K. GUTSHALL-MITTEN, 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 G - C, - oS ~.~Q\:fG NIELL K. GUTSHALL-MITTEN o ~ 'l=- r::\\- ~ ~ \F ()- r:y <c~~ t G \ 1- r--" Q.. 'i8 .,. 1.;J'" --' 'e. f{\~ (h; ~"C- ...nl!' -;: :~~ ~ ...., ,.; ~ i~2~ ::.~' -- "6~ r:-? :::c\ s~,:, .~ -::,'~ - :.~ -'- -- - ---- DANIELLE K. GUTSHALL-MITfEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUN1Y, PA v. NO. 05-3068 CNIL TERM RUSSELL P. MITTEN, Ill, Defendant CNILACTION -LAW IN DNORCE AFFIDAVIT OF SERVICE I, Kara W. Haggerty, hereby certify that I did serITe a true and correct copy of the Complaint under Section 3301(c) 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 June 15, 2005, at Carlisle, Pennsylvania, addressed as follows: Russell P. Mitten, III 854 Mountain Road Newville, PA 17241 Return card acknowledging receipt on June 20, 2005 is attached as Exhibit "A". MOM & KUTULAKIS, LLP Date: DufwlD5 ~'UUo _dll Kara W. Haggerlty, S ,re (f 36 South Hanover S Carlisle, P A 17013 (717) 249-0900 Attorney for Pla:lntiff J.D. No: 86914 -...,. . Complete itemS 1, 2, and 3. Also complete "'"' 4il Restricted Detlver{ is desired. . PrInt your name and address on the reverse 10 thet we can return the. card to you. . Attech this card to the beck of the mall piece, 0( on the front W space pennlt& 1. Miele Addressed to: I<V5SC/J.. p, (Yl/~;J) JlL f? S'i rr,Ou.if/"1J./,u ,eoA-D /UEWVll..J..~ {JA 1101'-11 I A. SIgnll\Ure DAgen! o Add_ c. Date of ~ It -n-eS DYes DNa 3. ~ lYpe !f CertIfIed Moll 0 Jl>oIlreee Mall o Regletered !!!fRetum Recelpllor_ o Insured Moll 0 C.O.D. 4. ReetrIcled Delivery? (EJdrI Fee) 0 Vee 2.__ (/t&noIe< from _lobe/) PS Form 3&11, FebNOry 2004 7003 3110 0004 5769 8211 Dorrtedc Return Receipt 102596-02-M-1540 EXHIBIT ':4" ( ~ ..,.,:; rf1 ~': :~F ~J; r:::;F <~ )>- r-.;'I c:~_: " ~ C-...., ~.; C) -l"l 1" c,: - DANIELLE K. GUTSHALL-MITTEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 05-3068 CNIL TERM RUSSELL P. MITTEN, III, Defendant CIVIL ACTION - LAW IN DNORCE AFFIDAVIT OF CONSENT .,.~..,<,.- ",,""~'-'~'" 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was filed on June 14, 2005. 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 unsworn falsification to authorities. Date: /,2 - :J 1- 0 S- , ~~/<'/~~oz;u Russell P. Mitten, III c' (" ...., ~;l 1,-':; -n ::::1 ~" 11 ~- CJ -;"1 P<,,,) C"j \..C DANIELLE K. GUTSHALL-MITTEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 05-3068 CIVIL TERM RUSSELL P. MITTEN, III, Defendant CNIL ACTION - LAW IN DNORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) 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 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: /;)-:;J./- OS- a~(?mc:-~@ Russell P. Mitten, III ,-' c7:::'> r::.-.' ":..,,.. 6_~ '- -..'," :.-..~ ,,_,_r :;-,\ -- c ..-;"'-, r'.) c,"" V DANIELLE K. GUTSHALL-MITIEN, Plaintiff IN THE COURT OF COMMON l'LEAS CUMBERLA.ND COUNTY, PA v. NO. 05-3068 CIVIL TERM RUSSELL P. MI1TEN, III, Defendant CIVIL A.CTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under ~3301(c) of the Divorce Code was fued on June 14,2005. 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 Fa. c.s. ~4904 relating to unsworn falsification to authorities. Date: 1\3 JDLP bl(1~~ aruelle K. Gutshall-Mitten ~;~ ~ :.-.3 " \,-1 o ---:---, 1',,) -~ c.::' DANIELLE K. GUTSHALL- MITTEN, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, P A v. NO. 05-3068 CIVIL TERM Defendant CIVIL ACTION - LAW IN DIVORCE RUSSELL P. MITTEN, III, WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(c) 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! 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 ProthonotalJ'. 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: -.JJ 3\ Q w ~~~ ~J~~ anielle 1(. utshall-Mitten C) ~1 ::j ,,'j co h') ~t:- c: "' DANIELLE K. GUTSHALL-MITTEN, PLEAS IN THE COURT OF COMMON Plaintiff CUMBERLAND COUNTY, PA v. NO. 05-3068 CIVIL TERM RUSSELL P. MITTEN, III, Defendant CNIL 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: June 15, 2005, via certified mail, return receipt requested. An Affidavit of Service was filed on June 24, 2005, confirming service. 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 January 3, 2006 by Defendant December 21, 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 Plaintiff's affidavit upon the Respondent: N/ A. 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: N/ A. (b) Date Plaintiff's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 10, 2006 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: January 10, 2006. Respectfully submitted, ABOM & KUTULAKIS, L.L.P DATE 0\ lrrJ 0 (p ~w. Kara W. Haggerty, sure 36 South Hanover Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 . CERTIFICATE OF SERVICE AND NOW, this j 1~ay of January, 2006, 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: Russell P. Mitten, III 854 Mountain Road Newville, PA 17241 Respectfully submitted, ABOM & KUTULAKIS, L.L.P DATE l \l aG ~lfLW ' Kara W. Haggerty, s 36 South Hanover St Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Plaintiff ID #86914 i'.,) r.,.:> ,~-,.. .::J '";1 --.) . , ... ;t;;l;;t;:f.:f. :f.;t;:f.iIi,ldf.Of.;+:'f.:+':f.ili;+i 'f.'f.:f.;ti:f:f.:f.;f. ~ ~~;ti~~~+.;ti:+. ;ti;ti:f.:f.:f.;ti:+':f.:+'++++'~:f.;ti ;ti'f.:+.+'+ :+'iIi;ti+'iIi:+':f.~ . . . . . . . . . . . . . . . . . . . . . . . . . . IN THE COURT OF COMMON PLEAS CFCUMBERLANDCOUNTY ST.A TE OF PENNA. it ~, DANIELLE K. GUTSHALL-MITTE CNIL 05-3068 Plaintiff No. . . . . . VERSUS RUSSELL P. MITTEN, III, Ii I . . . . . . . . . . . . . . . . . . . . . . . . Defendant DECREE IN DIVORCE AND NOW, L'S , 260,", IT IS ORDERED AND JV'l\,JVj DANIELLE K. GUTSHALL-MITTEN . . . . . . . . . . . . . , PLAINTIFF, DECREED THAT RUSSELL P. MITTEN, III DEFENDANT, AND 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; . . . . . . . . . . . . . . . . BY THE COURT: . . . . ATT . . . . . ROTHONOTARY ~ . . +. :+::f.;t.'" :+':4' Of'+' :f:f+"''''''+' "";tiT:!:: + if. :+.:+.+ili+.++"'+ ++:+.+:f.++.++++++'+:f.+:+'+' +.:f+ +. +.+ ~ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4" ..y. 1'. ! ! .~ ~ * % . . . . . . J. . . . . . . . . . . r?/'4'ty ~ -z /p"W:' 7?jk?JL, "7i!' D~ / jr? ,,Z7V1+;-'?.rf;p .J-o/? /}{/, fe-/ ~. .'