Loading...
HomeMy WebLinkAbout06-2465CECILIA A. MISHKIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. :NO. ISAAC L. MISHKIN, : CIVIL ACTION - LAW Defendant : IN DIVORCE NOTICE You have been sued in Court, If you wish to defend against the claims set forth in the following papers, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a Decree in 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 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 Cumberland County Court House, One Courthouse Square, 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 OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 South Bedford Street Carlisle, Pennsylvania 17013 Phone: (717) 249-3166 Jr., Esquire CECILIA A. MISHKIN, Plaintiff V. ISAAC L. MISHKIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. fly- a vGs CIVIL ACTION - LAW IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING To the Within Named Defendant: You have been named as the Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302(d) of the Divorce Code, you may request that the Court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of professional marriage counselors is available at the Office of the Prothonotary, One Courthouse Square, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. Prothonotary IN6 CECILIA A. MISHKIN, Plaintiff V. ISAAC L. MISHKIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. OG- ay CIVIL ACTION - LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 OF THE DIVORCE CODE Plaintiff is Cecilia A. Mishkin, social security no. 221-52-7073, who currently resides at 1443 South York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. Defendant is Isaac L. Mishkin, social security no. 171-30-6055, who currently resides at 1443 South York Street, Mechanicsburg, Cumberland County, Pennsylvania 17055. 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. Plaintiff and Defendant were married on December 31, 1987, in Mechanicsburg, Pennsylvania. 5. There have been no prior actions for divorce or annulment between the parties. 6. The Plaintiff is a citizen of the United States of America. The Defendant is not a member of the Armed Services of the United States of America or its Allies. 8. The marriage is irretrievably broken. The parties to this action have been separated since April 25, 2006. 9. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to participate in counseling. L'I 10. Plaintiff requests the Court to enter a Decree in Divorce. 11. Plaintiff avers that she is the innocent and injured spouse, and that the Defendant has offered such indignities to the Plaintiff so as to render her condition intolerable and life burdensome. 12. This action is not collusive. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 13. Plaintiff and Defendant are the owners of various real and personal property, motor vehicles, bank accounts and insurance policies acquired during their marriage which are subject to equitable distribution by this Court. COUNT III CLAIM FOR ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 14. Plaintiff lacks sufficient property and income to provide for her reasonable needs. Plaintiff requires reasonable alimony to adequately maintain herself in accordance with the standard established during the marriage. Defendant is financially able to provide for the reasonable needs of the Plaintiff. COUNT IV CLAIM FOR ALIMONY PENDENTE LITE, COUNSEL FEES AND EXPENSES UNDER SECTION 3702 OF THE DIVORCE CODE 15. Plaintiff does not have sufficient funds to support herself and pay the counsel fees and expenses incidental to this action. r 16. Defendant is full and well able to pay Plaintiff alimony pendente lite, counsel fees Hershey, PA 17033-0650 (717) 533-3280 and expenses incidental to this divorce action. WHEREFORE, the Plaintiff requests the Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; b. equitably distributing all property owned by the parties hereto; C. directing the Defendant to pay alimony to Plaintiff; d. directing the Defendant to pay alimony pendente lite, Plaintiffs counsel fees and the cost of this suit; and C. for such further relief as the Court may determine equitable and just. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY,LLP Dated: tO By: o J. Co elly, Jr. ey I.D. #15615 P.O. Box 50 Attorneys for Plaintiff Cecilia A. Mishkin 41 VERIFICATION 1, Cecilia A. Mishkin, verify that the statements made in the foregoing Divorce Complaint 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 unworn falsification to authorities. Date: 5' 09, C) Cecilia A. Mishkin v I?j ti) n? ti F M1 D i K ti? r a _.1 r John J. Connelly, Jr., Esquire Attorney J.D. No. 15615 James Smith Dietterick & Connelly, LLP P.O. Box 650 Hershey, PA 17033 Attorneys for Plaintiff CECILIA A_ MISHKIN, Plaintiff V. ISAAC L. MISHKIN, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. d!v-2?f4S CIVIL ACTION - LAW IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes the Plaintiff, Cecilia A. Mishkin, by her attorney, John J. Connelly, Jr., Esquire, and petitions this Honorable Court for alimony pendente lite relevant to her Complaint in Divorce, and in support thereof, respectfully represents as follows: By reason of this action, Plaintiff will incur considerable expense in the preparation of her case and the employment of counsel and the payment of costs. 2. The Plaintiff is without sufficient funds to support herself and to meet the costs and expenses of this litigation. 3. Plaintiff does not have income to provide for her reasonable needs and to pay her attorneys' fees and the cost of this litigation. 4. Plaintiff is unable to appropriately support herself during the pendency of the action. 5. Defendant has significant earnings from which to pay alimony pendente lite to the Plaintiff. WHEREFORE, Plaintiff prays this Honorable court enter an Order awarding her alimony pendente lite. Respectfully submitted, JAMES, SMITH, DIETTERICK & CONNELLY, LLP Dated: 4 (P By: Attorneys for Plaintiff Cecilia A. Mishkin Hershey, PA 17033-0650 (717) 533-3280 VERIFICATION t, Cecilia A. Mishkin, verify that the statements made in the foregoing document are true and correct. 1 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-5 -07, Cecilia A. Mishkin CECILIA A. MISHKIN, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-2465 CIVIL TERM ISAAC L. MISHKIN, IN DIVORCE Defendant/Respondent . PACSES CASE NO: 622108250 ORDER OF COURT AND NOW, this 5th day of May, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shaddav on Wednesday. June 7, 2006 at 9:00 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on May 5, 2006 to: Petitioner Respondent John J. Connelly, Jr., Esquire P. Richard Wagner, Esq. Date of Order: May 5, 2006 kRIhadday, Conference Officer w YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 G P T CC ,S. co U. co CECILIA A. MISHKIN, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 06-2465 ISAAC L. MISHKIN, : CIVIL ACTION - LAW Defendant : IN DIVORCE ACCEPTANCE OF SERVICE I, P. Richard Wagner, Esquire, do hereby accept service of the Complaint in Divorce, Notice to Defend and Claim Rights and Notice of Availability of Counseling, and Petition for Alimony Pendente Lite in the above-captioned divorce action. I certify that I am authorized to accept service on behalf of my client, Isaac L. Mishkin, Defendant, therein. Date: t?i2 S d r.-Mchard Wagner, Esquire Mancke, Wagner & Spreha 2233 N. Front St. Harrisburg, PA 17110 ? ^' ?= ?' _ ?-. -n t ? Lam, c? ?-- -°? =7= : ?, x ? -. .. ' -.:; -- ""a` ?.?. a _ ;3 •,?? CECILIA A. MISHKIN, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 06-2465 CIVIL TERM ISAAC L. MISHKIN, IN DIVORCE Defendant/Respondent . PACSES CASE NO: 622108250 ORDER OF COURT - RESCHEDULE A CONFERENCE AND NOW, this 6th day of June, 2006, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R.J. Shadday on Wednesday, July 19, 2006 at 10:30 A.M. for a conference, at 13 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you IF you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. BY THE COURT, Edgar B. Bayley, President Judge Copies mailed on June 6, 2006 to Petitioner Respondent P. Richard Wagner, Esq. John J. Connelly, Jr., Esq. Date of Order: June 6, 2006 J. adday, Conference Officer Air l YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 n r1: ==r ca., -? In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CECILIA A. MISHKIN ) Docket Number 06-2465 CIVIL Plaintiff ) Vs. ) PACSES Case Number 622108250 ISAAC L. MISHKIN ) Defendant ) Other State ID Number Order AND NOW to wit, this JULY 18, 2006 it is hereby Ordered that: PURSUANT TO THE PARTIES' AGREEMENT TO CONTINUE GENERALLY THE SCHEDULED CONFERENCE OF JULY 19, 2006, THE CONFERENCE IS CONTINUED GENERALLY. THE MATTER WILL BE RESCHEDULED BY THE REQUEST OF EITHER PARTY. BY THE COURT: M. L. Jr - ? 6 JUDGE DRO: R.J. Shadday Service Type M Form OE-520 Worker ID 21005 r? c? ?= _?, T _? ;?'-,'? r--. ,,?-; ua :'? ?? c,.<, .. t..' ? -.'.? C;I In the Court of Common Pleas of CUMBERLAND County, Pennsylvania DOMESTIC RELATIONS SECTION CECILIA A. MISHKIN ) Docket Number 06-2465 CIVIL Plaintiff ) vs. ) PACSES Case Number 622108250 ISAAC L. MISHKIN ) Defendant ) Other State ID Number ORDER AND NOW, to wit on this 18TH DAY OF OCTOBER, 2006 IT IS HEREBY ORDERED that the Q Complaint for Support or Q Petition to Modify or Q Other REQUEST FOR APL CONFERENCE filed on MAY 4, 2006 in the above captioned matter is dismissed without prejudice due to: THE PARTIES RESIDING TOGETHER IN THE MARITAL HOME AND DEFENDANT IS PAYING THE HOUSEHOLD EXPENSES. PLAINTIFF MAY REFILE A REQUEST FOR AN ALIMONY PENDENTE LITE CONFERENCE AFTER SHE HAS LEFT THE MARITAL HOME AND OBTAINS HER OWN RESIDENCE. 0 The Complaint or Petition may be reinstated upon written application of the plaintiff petitioner. BY THE COURT: N -L M. L. Ebert, Jr., JUDGE DRO: R.J. Shadday Form OE-506 Service Type M Worker ID 21005 C7 r' `? C -n -n is ca ' txir- c ? ?Fri y fib Curtis R. Long Prothonotary Office of the Protbonotarp Cutnberlanb Countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor CVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 28TH DAY OF OCTOBER, 2009, 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) 240-6573