HomeMy WebLinkAbout06-7096
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Russell A. Fishel,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - 70Q" CIVIL TERM
IN DIVORCE
Raetta M. Fishel,
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,
LA WYER'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: (71 7) 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
C1~~ommodations C1vClilahle to disahled individuals havinll husiness hefore the ronrt nlPClsP contClrt
our ottIce. All arrangements must be made at least/2 hours pnor to any heanng or busmess betore
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.
Russell A. Fishel,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - 1/J 9u CIVIL TERM
IN DIVORCE
Raetta M. Fishel,
COMPLAINT UNDER SECTION 3301(d)
OF THE DIVORCE CODE
1. Plaintiff is Russell A. Fishel, who currently resides at 19 Lois Lane, Mechanicsburg,
Cumberland County, Pennsylvania 17050.
2. Defendant is Raetta M. Fishel, who currently resides at 95 2nd Street, Apt. 1, West
Fairview, Cumberland County, Pennsylvania 17225.
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 September 16, 1978, in Enola, Cumberland
County, Pennsylvania.
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, and the parties separated on August I, 2002.
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.
Respectfully submitted,
ROMINGER & WHARE
Date: /)ee..
/}/20116
.
7
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court J.D. # 81924
Attorney for Plaintiff
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Russell A. Fishel,
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - CIVIL TERM
IN DIVORCE
Raetta M. Fishel,
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. S 4904, relating to unsworn
falsification to authorities.
Date: /~~/o,
~/~
Russell A. Fishel, Plaintiff
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Russell A. Fishel,
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - CIVIL TERM
IN DIVORCE
Raetta M. Fishel,
CERTIFICATE OF SERVICE
I, Karl E. Rominger, Esquire, attorney for Russell A. Fishel, 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:
Raetta M. Fishel
95 2nd Street, Apt. 1
West Fairview, Pa 17225
Date:
Dee I~
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Kit-I E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pa 17013
(717) 241-6070
Court Id. No. 81924
Attorney for Plaintiff
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Russell A. Fishel,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - 709(" CIVIL TERM
IN DIVORCE
Raetta M. Fishel,
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow, Russell A. Fishel, Plaintiff, to proceed in forma pauperis.
I, Karl E. Rominger, attorney for the party proceeding informa pauperis, certify that I
believe the party is unable to pay the costs and that I am providing free legal services to the party.
Date: ()et 13 2006
/
/------
-Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, Pa 17013
(717) 241-6070
Attorney Id No. 81924
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Russell A. Fishel,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - loq ~ CIVIL TERM
IN DIVORCE
Raetta M. Fishel,
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 August 1, 2002, 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. S 4904 relating to unsworn
falsification to authorities.
Date: /~~~~ ~
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Russell A. Fishel, Plaintiff
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Russell A. Fishel,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - 7t)ljltJ CIVIL TERM
IN DIVORCE
Raetta M. Fishel,
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. S 4904 relating to
unsworn falsification to authorities.
Date:
Raetta M. Fishel, Defendant
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Russell A. Fishel,
v.
Raetta M. Fishel,
CIVIL ACTION.. LAW
NO. 06.. 7096 CIVIL TERM
IN DIVORCE
Defendant
PROOF OF SERVIC~ fOR A
v
. Complete lteIM 1, 2, and 3. Also complete.
Item 4 if Restrl~ed Delivery is des\~.
. 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 mailplece,
or on the front if space permits.
1. Artlcle Addressed to: t'
~oc~ lis tu-l
q'S,)cd ~-Getl~t
\)J?~~ta l V Vtt' uJ I f 0-
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3. s,cvtce 1)1pe
fIlCertlfled Mall Cl EllpnIsa Mall
Cl Registered cs:Retum ReceIpt for Melehandise
o Insured Mall Cl C.O.D.
4. Ae8lItcmd DeIMIly? (EJcn Fee) JISl'es
2. Article Number
(fransfer from semc. .....
PS Form 3811, February 2004
7005 2570 0000 3796 5442
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DorneItk: Return Receipt 102595-02*1540
PROOF OF SERVICE FORB
. 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:
~a.e:t\ a. n -:s k \
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2. Article Number
(Transfer from service label)
PS Form 3811, February 2004
3. Sefylce Type
ti<Cert1fled Mall 0 EllpnIsa Mail
o Registered -19 Return Receipt for Merchandise
[] Insured Mall 0 C.O.D.
4. RestrIct8d DeIIveIy?.(Srtrlt.....
7006 2760 0002 7405 9683
102595-02-M-1540
Domestic Return Receipt
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Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
Russell A. Fishel,
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - 7096 CIVIL TERM
IN DIVORCE
Raetta M. Fishel,
NOTICE OF INTENTION TO REQUEST ENTRY
OF DIVORCE DECREE
TO: Raetta M. Fishel, 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 January 24, 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 MA Y 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, P A 17013
(717) 249-3166
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
Russell A. Fishel,
v.
Defendant
CIVIL ACTION - LAW
NO. 06 - 7096 CIVIL TERM
IN DIVORCE
Raetta M. Fishel,
PRAECIPE TO TRANSMIT RECORD
TO THE PROTHONOTARY:
Transmit the record, together with the following information, to the Court for entry of a
divorce decree:
1. Grounds for divorce: irretrievable breakdown under S 3301(d) of the Divorce Code.
2. Date and manner of service of the Complaint: December 13, 2006, was served on
Defendant by Certified Mail and the green card was signed on December 15,2006
(attached hereto as Proof of Service A).
3. Related claims pending:
4. (1) Date of execution of the Plaintiffs Affidavit required by ~3301 (d) of the Divorce
Code: December 13, 2006;
(2) Date of filing and service of the Plaintiffs Affidavit upon the
Respondent: December 15,2006.
5. Date and manner of service of the Notice of Intention to file Praecipe to transmit record:
Certified mail, January 4, 2007. (Attached as Exhibit '"B").
Date: January 25, 2007 ) ~
Karl E. Rominger, Esquire
155 South Hanover Street
Carlisle, P A 17013
(717) 241-6070
Supreme Court ID No. 81924
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IN THE COURT OF COMMON PLEAS
OFCUMBERLANDCOUNTY
STATE OF
Russell A. Fishel
Plaintiff
VERSUS
Raetta M. Fishel
Defendant
AND NOW,
PENNA.
No.
2006-7096
DECREE IN
DIVORCE
1~1
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%.007 , IT IS ORDERED AND
DECREED THAT 'Russell A. Fishel
, PLAINTIFF,
AND Raetta M. Fishel
, DEFEN DANT,
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD I N THIS ACTION FOR WHICH A FI NAL ORDER HAS NOT
YET BEEN ENTERED;
None.
PROTHONOTARY
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