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HomeMy WebLinkAbout06-4143Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, NO. 06. 411'43 CIVIL TERM Defendant : IN DIVORCE NOTICE 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 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, High and Hanover Streets, Carlisle. 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, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 - y/5/3 CIVIL TERM Defendant : IN DIVORCE COMPLAINT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Michael D. Mitchell, who currently resides at 544 '/2 North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Caren T. Mitchell, who currently resides at 1893 Esther Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on February 24, 1995, in St. Albons, Franklin County, Vermont. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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 counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Respect ally submitted, RONUNGER & WHARE Date: kl2j /0'C L ie A. om Esquire 155 South H ver Street Carlisle, PA 17013 (717) 241-6070 Supreme Court i,D. # 200198 Attorney for Plaintiff Michael D. Mitchell, Plaintiff V. Caren T. Mitchell, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - CIVIL TERM : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 P&C.S. § 4904, relating to unworn falsification to authorities. Date: A//'?'?z & lkLl Michael D. Mitchell, Plaintiff Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 - CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Michael D. Mitchell, do hereby certify that I this day served a copy of the Divorce Complaint upon the following by depositing same in the United States mail, First Class Mail, Certified, Restricted and Return Receipt Requested, postage paid, at Carlisle, Pennsylvania, addressed as follows: Caren T. Mitchell 1893 Esther Drive Carlisle, Pa 17013 Date: ! 4 ie A. Tome 4, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Court Id. No. 200198 Attorney for Plaintiff ??? Q O " \ . _? /"^ \? (? fV? V, M1 QV 4 h? C::' _` I y .-1 r (: {} ?? ?? ! ?? f eW ;,1 i5 t.V AJ Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 4143 CIVIL TERM Defendant : IN DIVORCE NOTICE 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 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, High and Hanover Streets, Carlisle. 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, PA 17013 Phone: (717) 249-3166 (800) 990-9108 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 - 4143 CIVIL TERM Defendant : IN DIVORCE AMENDED COMPLAINT UNDER SECTION 3301fd1 OF THE DIVORCE CODE 1. Plaintiff is Michael D. Mitchell, who currently resides at 544 '/: North Hanover Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. Defendant is Caren T. Mitchell, who currently resides at 1893 Esther Drive, Carlisle, Cumberland County, Pennsylvania 17013. 3. Plaintiff and Defendant have both been bona fide residents in the Commonwealth for at least six months immediately previous to filing of this Complaint. 4. Plaintiff and Defendant were married on February 24, 1996, in St. Albans, Franklin County, Vermont. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction. 6. The marriage is irretrievably broken. 7. 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 counseling. 8. Plaintiff requests the Court to enter a Decree in Divorce. WHEREFORE, Plaintiff respectfiilly requests this Honorable Court to enter a Decree in Divorce and such other Orders as may be just and appropriate. Date: 0 6 Respectfully submitted, RONIINGER & WHARE /a& ? slie A. To eo, Esquire 155 South over Street Carlisle, PA 17013 (717) 241-6070 Supreme Court I.D. # 200198 Attorney for Plaintiff Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. Caren T. Mitchell, : CIVIL ACTION - LAW : NO. 06 - 4143 CIVIL TERM Defendant : IN DIVORCE VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unworn falsification to authorities. Date: Michae D. tchell, Plaintiff Michael D. Mitchell, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 - 4143 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Michael D. Mitchell, do hereby certify that I this day served a copy of the Divorce Complaint upon the following by depositing same in the United States mail, First Class Mail, Certified, Restricted and Return Receipt Requested, postage paid, at Carlisle, Pennsylvania, addressed as follows: Caren T. Mitchell 1893 Esther Drive Carlisle, Pa 17013 Date: (0 Leslie A. a&e Tome d, Esquire 155 South Hanover Street Carlisle, Pa 17013 (717) 241-6070 Court Id. No. 200198 Attorney for Plaintiff Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 - 4143 CIVIL TERM Defendant : 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 October 2003, and have continued to live separate and apart for a period of at least two 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 unworn falsification to authorities. Date: 0? Plaintiff G? I cs? Michael D. Mitchell, : IN THE COURT OF COMMON'PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V.. CIVIL ACTION LAW Caren T. Mitchell, : NO. 66 - 4143 CIVIL TERM Defendant : IN DIVORCE ¦ QWOft teems 1, 2, and 3. Also compote A. ru Ilan 4 N PAWICted Dutlhrery Is decked. J a ant 11ad your rarrre and address on the rouerae X` b 00 we can metum the card to you. B. Reoelved by C. Nam IN ANWh this card to the hack of the malow% Alt %02 or on the front if space t wmfts. I. Article Addmsed to: D. ls C111mv t aom sem 1? e ' ftkikkal R YES, Omer ddhwy addma kNow; 3 ?s?h.ar ?t ?e ??sce ? P? r ?a f 3 ? ryp. Ceralsd MeN 13 ftmft aye n mow ror Nmomdln o lnxw Md 0 c.o.o. A. Re.o-?cted tier ry? t»<sa Foo - 2. Article Number mwwwcan awvkok 7005 2570 0000 3745 5023 PS Form 3811, Febnrary 2001 Donal b Ream Rsaryrt tazsea oz4a tsw ' ti Compigto Items 1 2 stud 3. Also A. Rear 4 Restricted Delivery Is deer X to Print your name and WkWass on the reveres 0 Addresses . so that we can return the card to you. ty(>?a+ / C. of . • Attach this card to the back of the maiiplsos, i2tewi or on the frond if space pwmlo. D. b dMlvery ed(b eee dMered tmm eem 1? /0 yo/ 1. Article Addmeed to: M YES, order ddymy mdft? below: CO r c n T CK 1?k91 ? j 103 ESAul Cy?vx-L (?e<<??? 00?- 'EEO 0 mera.a semi .O.o. - 4. RestrieW DeWery'r OM Fee) I;qft '. Article Number (wwwsomaervbsaaal 7005 1820 00g2 4617 7273 - PS Form 3811, Fabnwy 2004 DW WORaaaaRaorlyt /4elesoz-rt-tsw d ?i ? ?1 f '?'? ?? ' ? T? Q Z' ? ? : :- -?' ?. ? ? 4 P ? r Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V - CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 - 4143 CIVIL TERM Defendant 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: I Grounds for divorce: irretrievable breakdown under § 3301(d) of the Divorce Code. 2. Date and manner of service of the Complaint: July 21, 2006 by certified mail, green card signed by Defendant on July 22, 2006. (Attached as Proof of Service) 3. Related claims pending: 4. (1) Date of execution of the Plaintiffs Affidavit required by §3301 (d) of the Divorce Code: July 23, 2006; (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: August 14; 2006, delivered to defendant on July 25, 2006 by hand: 5. Date and manner of service' of the Waiver of Notice to file Praecipe to transmit record:: Served on August 15, 2006, by certified mail, green card. (Attached as Proof of Service b) Date: August 17, 2006 Leslie A. Tomeo, Esquire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID No. 200199 ?+ 9' ? '?' " ?Tt ,r x, t.? ? ?' ? ? ? ? Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA F. : CIVIL'ACTION - LAW Caren T. Mitche% : NO. 06 - 4143. CIVIL TERM Defendant IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(d) 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, unworn, falsification to authorities. Date: d-151410 Caren T. Mitchell, P ' tiff. S l ET 7 a? Q ?i ? fi? y. r? ? ? 1 .2? --t LaJ t w Co i Michael D. Mitchell, V. Caren T. Mitchell, : IN THE COURT OF COMMON PLEAS OF plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 4143 CIVIL TERM Defendant : IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Caren T. Mitchell, Defendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the plaintiff s affidavit. Therefore, on or after September 19, 2006, the plaintiff 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. 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. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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, PA 17013 (717) 249-3166 Michael D. Mitcl¢ell,' IN TRE, COURT, OF COMMON PUAS OF Pl intiff„ C'UMBERLANL? CQUNTY, PENJySXI VANIA ' : CIVIL ACTION -'LAW Caren T: Mitthel1, , d NO. O - CIVIL TERM Defendant IN DIVORCE DEFENDANTS COk1NTER=AFF1DAYlT UNDIER SECTION 3301(d).OF:71IEDIVDRCE CODE: 1. CJieck either (a) or (b): (a) I do ;not'oppose the entry bfa divorce decree (6) I oppose the entry of a divorce decree because. Check I:t (i), (ii) or both): „ (i) The parties to this action have not lived separate and apart for a pIenod of at least two years. (ii) The marriage is not irretrievably broken. 2. ;Check either (a) or, (a) I do not wish to, make any claims 'for: economic relief.. I ' understand that I may lose rights concerning aliinony, division' of. property, lawyers fees or expenses. if I da :not,claim: 0 : before a divorce is granted. ° (b) I wish to claim economfe, TeRef which may include alimony, division - of property, ; lawyer's'. fees o'. eX, ?, or ; ,other important . . lights. I verify that the statements made in tliis coup'ter-affidavit are true and correct. I understand that false statements herein are trade subject to the penalties. of 18 Pa: Ci S. I' 49Q+4 reldting W •. , , - unsworn falsification to authorities. ° Date: Caren T: Mitchell, Defendant I-- CIS) G a O a -Ti S. Q+ rTlfr' y ., C GJ f?'i? r z .. MICHAEL D. MITCHELL, Plaintiff V. CAREN T. MITCHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4143 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 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) or (ii) or both: 2. Check either (a) or (b): The parties to this action have not lived separate and apart for a period of at least two (2) years. The marriage is not irretrievable broken. (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, expenses or other important rights. 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. §4904 relating to unsworn falsification to authorities. Date: Caren T. Mitchell, Defendant MICHAEL D. MITCHELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-4143 CIVIL TERM CAREN T. MITCHELL, CIVIL ACTION - LAW Defendant IN DIVORCE AND NOW, this 19th day of September, 2006, I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Defendant's Counter-Affidavit under Section 3301(d) of the Divorce Code on the Defendant by facsimile and by depositing, or causing to be deposited, same in the U.S. mail, postage prepaid, addressed as follows: By Facsimile and by First-Class Mail: Leslie Tomeo, Esquire Rominger & Whare 155 South Hanover Street Carlisle, Pennsylvania 17013 Attomey for the Plaintiff Michelle L. Som r, Esquire Cr ? -o C :32 y j ?? MICHAEL D. MITCHELL, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 06-4143 CAREN T. MITCHELL, CIVIL ACTION -LAW Defendant IN DIVORCE ENTRY OF APPEARANCE Please enter my appearance on behalf of the Defendant in the above-captioned matter. Date "t I iq jMichelle L. Somme5XS1 Abom & Kutulakis, LLP 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney ID No. 93034 --- ? (?7 r rn °ri ?"1 T t i? ? 7?,1 _ ? i'r't -?? f'tJ ? Jj -? 'r. _... } C - N ? ?'[l r Michael D. Mitchell, Plaintiff V. Caren T. Mitchell, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 4143 CIVIL TERM : IN DIVORCE NOTICE AMENDED AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on November 1, 2004, and have continued to live 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. separate and apart for a period of at least two 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: NOV 12 Cb(,o D. 1 Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 - CIVIL TERM Defendant : IN DIVORCE DEFENDANT'S COUNTER-AFFIDAVIT UNDER SECTION 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 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. § 4904 relating to unsworn falsification to authorities. Date: Caren T. Mitchell, Defendant w Michael D. Mitchell, V. Caren T. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 4143 CIVIL TERM Defendant : IN DIVORCE AMENDED NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE TO: Caren T. Mitchell, Defendant: You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the plaintiffs affidavit. Therefore, on or after November 21, 2006, the plaintiff 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. 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. A COUNTER-AFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY OF THE COURT IS ATTACHED TO THIS NOTICE. 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, PA 17013 (717) 249-3166 C7 ? `-ten r ? ? .? ? 4 ? ? ?,z ,?.. _?, 1 x)s?+ .. .,.? ? ? f?` ..?- r'?i,Y-S Michael D. Mitchell, Plaintiff V. Caren T. Mitchell, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 4143 CIVIL TERM : IN DIVORCE MOTION TO WITHDRAW AS COUNSEL AND NOW, comes Leslie A. Tomeo, Esquire of Rominger & Whare who files this Motion to Withdraw, and in support thereof, avers as follows: 1. Undersigned counsel was retained by Plaintiff for a divorce (d) in Cumberland County and paid $500 by check for the quoted retainer. 2. Undersigned counsel drafted, mailed and filed several documents in regards to plaintiffs divorce. 3. Undersigned counsel was then notified of insufficient funds and informed Plaintiff of the same. 4. Plaintiff did pay the remaining balance by another check, which again did not clear. 5. Undersigned counsel informed Plaintiff of the insufficient funds again and requested payment in cash or money order by November 30, 2006 or she would be withdrawing her appearance from his case. 6. Plaintiff did not pay or contact undersigned counsel by or on November 30, 2006. WHEREFORE, Attorney Leslie A. Tomeo, Esquire respectfully requests that she be allowed to withdraw as counsel for the Plaintiff in the above captioned case. Respectfully submitted, RO INGER & W RE Date: December 1, 2006 Leslie A. Tomeo, squire 155 South Hanover Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Plaintiff Michael D. Mitchell, Plaintiff V. Caren T. Mitchell, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 4143 CIVIL TERM : IN DIVORCE VERIFICATION Leslie A. Tomeo, Esquire, states that she is the attorney for Plaintiff in this action; that she makes this affidavit as attorney because she has sufficient knowledge or information and belief, based upon her investigation of the matters averred or denied in the foregoing document; and that this statement is made subject to the penalties of 18 Pa. C.S. Pa.C.S. §4904, relating to unsworn falsification to authorities. Date: December 1, 2006 Leslie A. Tomeo, squire Attorney for Plain ff Michael D. Mitchell, Plaintiff V. Caren T. Mitchell, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 4143 CIVIL TERM : IN DIVORCE CERTIFICATE OF SERVICE I, Leslie A. Tomeo, attorney for Plaintiff, do hereby certify that I this day served a copy of the Motion to Withdraw as Counsel upon the following by depositing same in the United States Mail, first class postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michael D. Mitchell 544 1 /2 North Hanover Carlisle, PA 17013 Michelle Sommer, Esquire Abom & Kutulakis 36 S. Hanover Street Carlisle, PA 17013 Respectfully submitted, ROMINGER & WHARE Date: December 1, 2006 Leslie A. Tomeo, squire 155 South Hanov Street Carlisle, Pennsylvania 17013 (717) 241-6070 Supreme Court ID # 200198 Attorney for Plaintiff C'7 r , r- c-3 +crt MICHAEL D. MITCHELL, Plaintiff VS. CAREN T. MITCHELL, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 06-4143 CIVIL IN DIVORCE IN RE: MOTION TO WITHDRAW AS COUNSEL ORDER AND NOW, this 2? day of December, 2006, a rule is issued on both parties to show cause, if any, why the relief requested in the within motion to withdraw as counsel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, 11-66 >- U7 Cr; Q r ; LIJ co T Lu Lam. MICHAEL D. MITCHELL, Plaintiff V. CAREN T. MITCHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 064143 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Caren Mitchell, Defendant, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ ] Annulment [ ] Alimony [ ) Alimony Pendente Lite [ x ] Distribution of Property [ ] Support [ x ] Counsel Fees [ x ] Costs and Expenses And in support of the Motion the Defendant states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action without an attorney and is representing himself pro se. 3. The statutory ground(s) for the divorce are: 3301(c) and 3301(d). 4. The action is contested with respect to the following claims: a. Divorce & Distribution of Property 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: a. None DATE a?gya Michelle L. Somm r Attorney for Defendant AND NOW, 2007, , Esquire, is appointed Master with respect to the following claims: BY THE COURT, J? IL MICHAEL D. MITCHELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-4143 CIVIL TERM CAREN T. MITCHELL, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 7th day of February 2007 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Motion for Appointment of Master upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Michael A tchell Post Office Box 1251 Carlisle, Pennsylvania 17013 Pm Se Plainti, ff Respectfully submitted, ,Abom & KSutulakis, LLP Michelle L. So Let, Esquire ., C- ? -?? ??_, ky'Y ? ? ? - r -- ? _;? ?r--r-tt ' f! ?° +r„f ? ? A_.,... ? ?.. e- ? ? _ r .+.. '"""!M / .\ iaw? .?.s „'_ ? p f pe.1 ?? .?1 ? 1 ? i 1 FEB 0 9 2007 ,vg MICHAEL D. MITCHELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-4143 CIVIL TERM CAREN T. MITCHELL, CIVIL ACTION - LAW Defendant IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Caren Mitchell, Defendant, moves the Court to appoint a Master with respect to the following claims: [ x ] Divorce [ ] Annulment [ ] Alimony [ ] Alimony Pendente Lite [ x ] Distribution of Property [ ] Support [ x ] Counsel Fees [ x ] Costs and Expenses And in support of the Motion the Defendant states: 1. Discovery is complete as to the claim(s) for which the appointment of a Master is requested. 2. The Plaintiff has appeared in the action without an attorney and is representing himself pro se. 3. The statutory ground(s) for the divorce are: 3301(c) and 3301(d). 4. The action is contested with respect to the following claims: a. Divorce & Distribution of Property 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take one day. 7. Additional information, if any, relevant to the motions: a. None DATE (Al. Am . 4. Michelle L. Sommer" Attorney for Defendant AND NOW, 13 2007, & `-I?a LZ Esquire, is appointed Master with respect to the following claims: ?'6 ?d t - c o ) _ W LA G7 ? U MICHAEL D. MITCHELL, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 06-4143 CIVIL TERM CAREN T. MITCHELL, CIVIL ACTION - LAW Defendant IN DIVORCE CERTIFICATE OF SERVICE AND NOW, this 7th day of February 2007 I, Michelle L. Sommer, Esquire, of Abom & Kutulakis, L.L.P, hereby certify that I did serve a true and correct copy of the foregoing Motion for Appointment of Master upon the Plaintiff by depositing, or causing to be deposited, same in the United States Mail, Certified Mail, postage prepaid addressed to the following: Michael Mitchell Post Office Box 1251 Carlisle, Pennsylvania 17013 Pro Se Plaintiff Respectfully submitted, .Abom & Kutulakis, LLP I" ?- Michelle L. So er, Esquire ril ?Tl .? i`6S Michael D. Mitchell, Plaintiff V. Caren T. Mitchell, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 06 - 4143 CIVIL TERM : IN DIVORCE PETITION TO MAKE RULE ABSOLUTE 1. Undersigned counsel filed a Petition to Withdraw as Counsel on December 1, 2006. 2. This Honorable Court issued a Rule to Show Cause on Plaintiff on December 8, 2006. Attached as Exhibit "A". 3. As of February 21, 2007, no Answer was entered by the Plaintiff. WHEREFORE, your Petitioner respectfully requests this Honorable Court enter an Order making the Rule Absolute and granting Petitioner permission to withdraw as counsel for plaintiff, Michael D. Mitchell. Leshe,A. Tomeo, Es uire 155 South Hanover Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID # 200198 Date: February 21, 2007 Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 - 4143 CIVIL TERM Defendant : IN DIVORCE CERTIFICATE OF SERVICE I, Leslie A. Tomeo, Esquire, attorney for Plaintiff, do hereby certify that I this day served a copy of the Order to Make Rule Absolute upon the following by depositing same in the United States mail, postage prepaid, at Carlisle, Pennsylvania, addressed as follows: Michelle Sommer, Esquire 36 South Hanover St. Carlisle, PA 17013 Michael D. Mitchell 544 v2 North Hanover Street Carlisle, PA 17013 Respectfully, submitted, RO*INGER & WHARE Lest. t omen, squire 155 South Hanove Street Carlisle, PA 17013 (717) 241-6070 Supreme Court ID #200198 Dated: February 21, 2007 11 r? A?MICHAEL D. MITCHELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW : NO. 06-4143 CIVIL CAREN T. MITCHELL, Defendant IN DIVORCE IN RE: MOTION TO WITHDRAW AS COUNSEL ORDER AND NOW, this day of December, 2006, a rule is issued on both parties to show cause, if any, why the relief requested in the within motion to withdraw as counsel ought not to be granted. This rule returnable twenty (20) days after service. BY THE COURT, M* LOPY FROM R? ""?f'Af11, ! h?1re uRfO? the a SW C!" A& Fxtiibit "A" N c j) 55- m FEB 2 2 ZW7 pi Michael D. Mitchell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW Caren T. Mitchell, : NO. 06 - 4143 CIVIL TERM Defendant IN DIVORCE ORDER TO MAKE RULE ABSOLUTE AND NOW, this -Z3?day of 2007, a Rule to Show Cause having been issued on Plaintiff, Michael D. Mitchell dated December 8, 2006, and Plaintiff failing to Answer, the RULE IS MADE ABSOLUTE. The relief requested by Petitioner is hereby granted. Attorney Leslie A. Tomeo is granted permission to withdraw as counsel for Plaintiff, Michael D. Mitchell. By the Court: J. Distribution: Leslie A. Tomeo, Esquire Michelle Sommer, Esquire .2. ,2 9_0 7 Michael D. Mitchell 4- VA 3t LL jo 05/28/2009 20:11 ?aROM?' LITuLAKIS Michelle L, Sommer, F-uple Attemy Z.D. A- 93034 2 West Higli Street Carlisle, PA 17013 (717) 240-0000 7172493344 MICHAEL D. MITCHELL, Plaintiff V. CAREN T. MITCHELL, Defendant ABOM&KUTULAKIS IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4143 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT PAGE 01/04 t7 1. A Complaint in divorce under 1'3301(c) of the Divorce Code was filed on July 21, 2006. 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: I?- ZZ r l / rill C EL D. YKITCHELL FILL} ,fir T} i T=,? 21C199, l iVll 29 1 '11.1 1: 11 0 05/28/2009 20:11 7172493344 ABOM&KUTULAKIS PAGE 03/04 OM CSC KrITULAKIS Michelle L. Sommer, Esquire Attomcy m. 0: 43034 2 West High Street Cerlinic. PA 17013 (717) 249-0900 MICHAEL D. MITCHELL, Plaintiff V. CAREN T. MITCHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO, 06-4143 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $3301(c) OF THE DIVORCE CODE 1. I consent to the emtry 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. 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 u.nsworn falsification to authorities. Date: t l MI AEL D. C LL 2600 K,V 29 F'", I ! c 05/28/2009 20:11 7172493344 ABQM&KUTULAKIS PAGE 02/04 ABOM ULAKIS KiT Michelle L. Sommer..f..squire Att mey I.D. 0: 93034 2 West High Street Carlisle. PA 17013 (717) 249-0900 MICHAEL D. MITCHELL, Plaintiff V. CAREN T. MITCHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 064143 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in divorce under $3301(c) of the Divorce Code was filed on July 21, 2006. 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. S4904 relating to unworn falsification to authorities. Date: r -, r?Lt_i" w:w I'ilf 05/28/2009 20:11 7172493344 ABDM&KUTULAKIS PAGE 04/04 ?? -MOM 7'ULAKIS Michellc 4. Somma, FsTjire Attorney I.D. W: 930-14 2 Wept "to strut Carlisle, PA 17013 (717) 249-090(1 MICHAEL D. MITCHELL, Plaintiff V. CAREN T. MITCHELL, Defendant : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4143 CIVIL TERN,[ CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER S?301(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. 54904 relating to unsworn falsification to authorities. Date: 1????? ,-SF- TFI "'Tt? V MICHAEL D. MITCHELL, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA Vs. NO. 06 - 4143 CIVIL CAREN T. MITCHELL, Defendant IN DIVORCE ORDER O'F! COURT Q ?'l AND NOW, this a? day of Aux , 2009, both parties having signed affidavits of /onsent so that the divorce can be concluded under Section 3301(c) of the Domestic Relations Code, and no economic claims having been raised in the action, the appointment of the Master is vacated. BY THE COURT, Cc: " Michael D. Mitchell Plaintiff /chelle L. Sommer Attorney for Defendant Ls9/00 J M EdgQalr-?E yl ey, P.J. - L L AOM CSC' LITLII.AKIS Michelle L. Sommer, Esquire Attorney I.D. #: 93034 2 West High Street Carlisle, PA 17013 (717) 249-0900 MICHAEL D. MITCHELL, Plaintiff V. CAREN T. MITCHELL, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PA NO. 06-4143 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: a. Irretrievable Breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: a. Certified Mail, Restricted Delivery, August 15, 2006. 3. Date of execution of the Affidavit of Consent required by §3301(c) of the Divorce Code: a. by Plaintiff: May 29, 2009; by Defendant: May 29, 2009 4. No economic claims were previously raised in the action. 5. Date Waiver of Notice in §3301(c) Divorce was filed with the Prothonotary: a. by Plaintiff: May 29, 2009; by Defendant: May 29, 2009 Respectfully submitted, DATE (0(21M ABOM & KUHZ AEZR, LLP 6 - L.'b Michelle L. So er, Esquire Supreme Court ID #93034 2 West High Street Carlisle, Pennsylvania 17013 (717) 249-0900 Attorney for Defendant !.. {??yFI?.Ef?J:._;I1'-?, ..;1?. 2C 9 JJ - 2 iii l 10: z MICHAEL D. MITCHELL V. CAREN T. MITCHELL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 06-4143 DIVORCE DECREE AND NOW, Ctr? 004 , it is ordered and decreed that MICHAEL D. MITCHELL CAREN T. MITCHELL bonds of matrimony. plaintiff, and defendant, are divorced from the Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") Attest: J. Prothonotary - of dd - e.,6?y t?- /QAI )1 of wow -,,?ev ? a?a