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HomeMy WebLinkAbout02-4280HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (7t 7) 243-6090 ATTORNEY FOR PLAINTIFF BARBARA A. FISHER, Plaintiff EDWARD R. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION. LAW : : NO. 02- ?~/~ CIVIL TERM : 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 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 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, Carlisle, Pennsylvania 17013. 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. Court Administrator Cumberland County Courthouse 1 Courthouse Square, 4th Floor Carlisle, Pennsylvania 17013 717-240-620O BARBARA A. FISHER, : IN THE COURT OF COMMON PLEAS OF Plaintiff EDWARD R. FISHER, Defendant : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - ~/~.~ CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT Tn SECTION 3301(d) OF THE DIVORCE CODr NOW, comes the plaintiff, Barbara A. Fisher, by her attorney, Harold S. irwin, Iii, Esquire, and files this complaint in divorce against the defendant, Edward R. Fisher, representing as follows: 1. The plaintiff is Barbara A. Fisher, an adult individual residing at 762 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant is Edward R. Fisher, an adult individual residing at 1205B 1819 South "B" Street, Briarwood Apartments, Springdale, Arkansas 72764. 3. The defendant has been a resident of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The plaintiff and the defendant were married on November 7, 1994, in Hagerstown, Maryland. 5. Pursuant to the Divorce Code, Section 3301(d), the plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken and that the parties hereto have lived separate and apart for a 2 period of at least two years. The parties have lived separate and apart since August, 1999. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. WHEREFORE, the plaintiff demands judgment dissolving the marriage between the parties and for such further relief as your Honorable Court may deem equitable and just. 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. Section 4904, relating to unsworn falsification to authorities. September ~:> ,2002 H.a~RO~'D S. II~W. IN, III (' Attorney for plaintiff ~. 35 East High Street ~ Carlisle, Pennsylvania 17013 (717) 243-6090 3 BARBARA A. FISHER, Plaintiff EDWARD R. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - CIVIL TERM : IN DIVORCE NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affidavit, you must fife a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated in August, 1999, 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. of 4904 relating to unsworn falsification to authorities. September ~:>, 2002 BARBARA A. FISHER, Plaintiff 4 BARBARA A. FISHER, Plaintiff EDWARD R. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - CIVIL TERM : IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTIO.~, 330t(d) OF THE DIVORCE CODF 1. Check either (a) or (b): (a) (b) I do not oppose the entry of a divorce decree. I oppose the entry ora 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. 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. In understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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: ,2002 EDWARD R. FISHER, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file this counteraffidavit. 5 BARBARA A. FISHER, Plaintiff EDWARD R. FISHER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - CIVIL TERM IN DIVORCE COUNTER-AFFIDAVIT UNDER SECTION 330t(d) OF THE DIVORCE CODE 1. Check either (a) or (b): (a) (b) I do not oppose the entry of a divorce decree. 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. 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. in understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further delay. 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: ,2002 EDWARD R. FISHER, Defendant NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make a claim for economic relief, you need not file this counteraffidavit. HAROLD S. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29920 35 EAST HIGH STREET CARLISLE PA 17013 (717) 243-6090 ATTORNEY FOR PLAINTIFF BARBARA A. FISHER, Plaintiff EDWARD R. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : NO. 02 - 4280 CIVIL TERM : IN DIVORCE TO THE PROTHONOTARY: Please reinstate the Complaint in the ,abov/~captioned matter. January 16, 2003 HAROLD $. IR Attorney for Plaintiff BARBARA A. FISHER, Plaintiff V, EDWARD R. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA -' CIVIL ACTION. LAW : : NO. 02 - 4280 CIVIL TERM : IN DIVORCE PETITION FOR ALTERNATIVE SERVICF NOW comes the petitioner, Barbara A. Fisher, by her attorney, Harold S. Irwin, III, Esquire, and presents this petition for alternative service, representing as follows: 1. The plaintiff is Barbara A. Fisher, an adult individual residing at 762 Grahams Woods Road, Newville, Cumberland County, Pennsylvania 17241. 2. The defendant, Edward R. Fisher, is an adult individual whose last known address is 1205B South "B" Street, Briarwood Apartments, Springdale, Arkansas 72764. 3. The parties were married on November 7, 1994, in Hagerstown, Maryland. 4. The parties separated in August, 1999, when the defendant left the marital residence in Murfreesboro, Tennessee. 5. Plaintiff filed this action in divorce under Section 3301(d) of the Divorce Code in September 9, 2002. 6. Subsequently, plaintiff mailed the divorce complaint to defendant at the Spdngdale, Arkansas address; however, after the postal service attempted delivery on three occasions, September 13, 19 and 28, 2002, the complaint was returned "Unclaimed". See copy of envelope incorporated herein by reference and attached hereto as Exhibit "A". 7. Plaintiff then reinstated the complaint by praecipe to the Prothonotary filed January 16, 2003, and instructed the Sheriff of Washington County, Arkansas to make personal service upon the defendant at the Springdale, Arkansas address. 8. The Washington County, Arkansas sheriff received the reinstated complaint on January 21, 2003 and attempted service on January 23, 2003, but discovered that the defendant was no longer at that address and returned the complaint to plaintiff's counsel marked "Unserved". See Return of Service Affidavit incorporated herein by reference and attached hereto as Exhibit "B". 9. Plaintiff avers that to her knowledge the parties have no outstanding issues of property or other financial claims against one another and that the inability to serve the defendant with the divome complaint is due to defendant's voluntary abandonment and his failure to communicate with her or his family regarding his whereabouts. 10. It has been five years since the defendant abandoned the marriage and deserted the plaintiff. Plaintiff desires to terminate the mardage by obtaining a decree in divorce so that she may move on with her life. 11. In addition to the foregoing, plaintiff avers the following facts and information in support of this petition: A. The time and place at which the parties last resided together as spouses was 1999 in Murfreesboro, Tennessee. B. The last time the parties were in contact with each other was in 2000, when defendant showed up at plaintiff's daughter's home in Newville, Pennsylvania. At that time defendant was residing in Texas. C. When the parties last resided together, defendant had no regular employer, did only odd jobs or was otherwise self-employed. D. The only relative of defendant known to plaintiff is his mother, Twila Fisher, of Phillipsburg, Pennsylvania. Plaintiff has contacted Twila Fisher regarding defendant's place of residence, but she has indicated that defendant occasionally calls her but refuses to provide her with his address or phone number. E. Plaintiff believes and therefore avers that there is no other source of information available to her from which she may discover defendant's whereabouts, mailing address or other identifying information. WHEREFORE, plaintiff requests that your Honorable Court enter an Order providing that plaintiff reinstate her divorce complaint and proceed to serve defendant by publication, once in the Cumberland County Law Journal and once in a local newspaper in Cumberland County, Pennsylvania. 64 South Pitt Street Carlisle, PA 17013 (717) 243-6090 Attorney ID No. 29920 VERIFICATION I verify that the facts contained in the foregoing complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa.C.S.A. Section 4094, relating to unsworn falsification to authorities. March 12, 2004 BARBARA A. FISHER, Plaintiff 1,15' EXHIBIT "A" DATE: 01/29/2003 TIME: 03:34:47PM Affidavit Sheet STEVE WHITMILL WASHINGTON COUNTY SHERIFFS OFFICE 114 N COLLEGE FAYETTEVILLE, AR. 72701- Page I of 1 Requested Sevice by: HAROLD S. IRWIN, III ATTORNEY AT LAW, 35 E. HIGH ST.,STE.201-202 CARLISLE, PA. 17013- Type Of Civil Paper: Case Number: Plaintiff: Defendant: Date Of Entry: SUMMONS/COMPLAINT 02-4280 BARBARA A. FISHER (PLAINTIFF) FISHER, EDWARD R. 01/22/2003 Person To Serve: FISHER, EDWARD R. Address: 1205B 1819 SOUTH "B" STREET (BRIARWOOD) City/State/Zip: SPRINGDALE, AR. 72764- Status: RETURNED/UNSERV Type Of Return: UNSERVED NO LONGER AT ADDRESS Court: MISCELLANEOUS COURT Person Served: UNSERVED Address: NO LONGER AT ADDRESS. City/State/Zip: ,. Date Of Service: Thursday, January 23, 2003 Time: 12:10 Serving Officer: WILLIAMS, RICKY Service Fee: Paid In Full Date Paid: Wednesday, January 22, 2003 Document: 6925 Amount Paid: $ 50.00 Amount Owed: $ 0.00 AmountRetumed: $ 30.00 THANK YOU, BY: STEVE WHITMILL WASHINGTON COUNTY SHERIFFS OFFICE EXHliiIT "ii" HAROLD 8. IRWIN, III, ESQUIRE ATTORNEY ID NO. 29820 · 4 8OU'I~ PITT 8TRBBT CARLIILE PA 1'/'013 AI'I'ORNEY FOR PETITIONER 5 2_OO4 BARBARA A. FISHER~ Plaintiff EDWARD IL FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNBYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 4280 CIVIL TERM : IN DIVORCE ORDER OF COURT NOW, this I q ~"%day of March, 2004, in consideration of the within petition and on motion of Harold S. Irwin, III, Esquire, attorney for plaintiff, it is ordered and decreed that plaintiff shall file a praecipe to reinstate the complaint in this action and service upon the defendant is authorized to be accomplished by publication, once in the Cumberland County Law Journal and once in a local Cumberland County newspaper. By the Court BARBARA A. FISHER, Plaintiff EDWARD R. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND ~COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. 02 - 4280 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney' for the plaintiff in the above captioned action in divorce. 2. That pursuant to Order of Court dated March 17, 2004, defendant was served by publication with notice of the complaint on April 2 and 3, 2004, as shown on the attached proofs of service. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. June 10, 2004 Harold S. Irwin, III ~.~ Attorney for plaiintiff 64 South Pitt St~reet Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 EXHIBIT "A" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOUIUNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberiand Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz APRIL 2, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are tree. ~/~isa Marie ,~oy~, Editor SWORN TO AND SUBSCRIBED before me this 2 .day of APRIL, 2004 NO~'~lt~ SEAL 6/n I LOIS E. SNYDI-'R, Notary Public I Carlisle Boro, Cumberland County I My Commission Expires March 5, 20051 CUMBERLAND LAW JOURNAl_, NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 02-4280 Civil Term BARBARA A. FISHER, Plaintiff EDWARD R, FISHER, 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 in divorce or annulment may be entered against you by the court. A judgment may also be en- tered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights impor- tant to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable break- down of the marriage, you may re- quest marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle. Pennsylvania 17013. 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 PA- PER 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 (717) 249-3106 HAROLD S. IRWIN, III Attorney for Plaintiff NOTICE TO THE DEFENDANT If you wish to deny any of the statements set fc,rth in this affida- vit, you must file a counter-affidavit within twenty days after this affida- vit has been served on you or the statements will be admitted. PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301{d) OF THE DIVORCE CODE 1. The parties to this action sep- arated on or about August, 1999, and have continued to live separate and apart for a period of at least two years. 2. The marhage is irretrievably broken. 3. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or ex- penses if I do not claim them be- fore a divorce is i~anted. I verify that the: statements made in this affidavit are true and cor- rect. I understand that false state- ments herein are made subject to the penalties of 18 Pa. C.S. of 4904 relating to unswom falsification to authorities. March __, 2004 3 CUMBERLAND LAW JOURNAL, BARBARA A. FISHER, Plaintiff 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 irretriev- ably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I under- stand that I may lose rights con- cerning alimony, division of prop- erty, lawyer's fees or expenses if I do not claim them before a divorce is granted. {b) I wish to claim economic re- lief which may include alimony, di- vision of property, lawyer's fees or expenses or other important rights. I understand that in addition to checking (b) above, I must also file all of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered without further de- lay. I verify that the statements made in this affidavit are true and cor- rect, I understand that false state- ments herein are made subject to the penalties of 18 Pa.C.S. Sectlon 4904 relating to unsworn falsifica- tion to authorities. MARCH 19, 2004 EDWARD R. YISHER 4 NOTICE: If yau do not wish to oppose the entry of a divorce de- cree and you do not wish to make a claim for econor~dc relief, you need not file this counter-affidavit. HAROLD S. IRWIN, Ill, ESQUIRE Attorney ID No. 29920 Attorney for Plaintiff 64 South icitt Street Carlisle, PA 17013 (717) 243-6090 Apn 2 i BARBARA A. FISHER, Plaintiff EDWARD R. FISHER, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 02 - 4280 CIVIL TERM : IN DIVORCE AFFIDAVIT OF SERVICE OF COMPLAINT PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(I) NOW, Harold S. Irwin, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the above captioned action in divorce. 2. That pursuant to Order of Court dated March 17, 2004, defendant was served by publication with notice of the complaint on April 2 and 3, 2004, as shown on the attached proofs of service. I verify that the statements made in this affidavit are true and correct. understand that false statements herein made are subject to the penalties of 18 Pa. C. S. Section 4904, relating to unsworn falsification to authorities. June10,2004 Harold S. Irwin,,lll ~ .J Attorney for pla~ nflff ~ 64 South Pitt Street Carlisle, PA 17013 717-243-6090 Supreme Court ID No. 29920 EXHIBIT "A" PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, oft:he County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or ]publication attached hereto is exactly the same as was primed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz APRIL 2, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not imerested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. SWORN TO AND SUBSCRIBED before me this 2 day of APRIL 2004 N~¥~ SEAL ~ LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Commission E~ims Mamh 5, 2~5 CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action--Law No. 02-4280 Civil Term BARBARA A. FISHER, Plaintiff EDWARD R. FISHER, 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 in divorce or annulment may be entered against you by the court. A judgment may also be en- tered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights impor- tant to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable break- down of the marriage, you may re- quest marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GR~NTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD T, MKE THIS PA- PER 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 (717) 249-3166 HAROLD S. IHWIN, III Attorney for Plaintiff NOTICE TO THE DEFENDANT If you wish to deny any of the statements set forth in this affida- vit, you must file a counter-affidavit within twenty days afler this affida- vit has been self,ed on you or the statements will be admitted. pLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. The parties to this action sep- arated on or about August, 1999, 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 ex- penses if I do not claim them be- fore a divorce is granted. I verify that the statements made in this affidavit ;are true and cor- rect. I understand that false state- ments herein are made subject to the penalties of 18 Pa. C.S. of 4904 relating to unsworn falsification to authorities. March __, 2004 CUMBERLAND LAW JOURNAL BARBARA A. FISHER, Plaintiff COUNTER-AFFIDAXrlT UNDER SECTION 3301(d) OF THE DIVORCE CODE 1. Check either (a) or (b): -- (a) I do not oppose the entw of a divorce decree. __ (b) 1 oppose the entry of a divorce decree because {Check (l), (11) 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 irretriev- ably broken. 2. Check either (a) or (b): (a) I do not wish to make any claims for economic relief. I under- stand that I may lose rights con- cerning alimony, division of prop* erty, lawyer's fees or expenses if do not claim them before a divorce is granted. (b) I wish to claim economic re- lief which may include alimony, vision of property, lawyer's fees or expenses or other lmportmat rights. I understand that in addition to checking (b) above, I must also file ail of my economic claims with the prothonotary in writing and serve them on the other party. If I fail to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce decree may be entered w/thout further de- lay. I verify that the statements made in this affidavit are true and cor- rect. I understand that false state- ments herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsifica- tion to authorities. MARCH 19, 2004 EDWARD R. FISHER NOTICE: If you do not wish to oppose the entry of a divorce de- cree and you do not wish to make a claim for economic relief, you need not file this counter-affidavit. HAROLD S. IRWIN, III, ESQUIRE Attorney ID No. 29920 Attomey for Plaintiff 64 South l~tt Street Carlisle, P.~ 17013 (717) 243-6090 Apr. 2 BARBARA A. FISHER, Plaintiff EDWARD R. FISHER~ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 02 - 4280 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION '1'O REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 330t (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 subjecll to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. June /5/ ,2004 '-/~--,...J~,,-.,..,,~ ~-.. BARBAI~, A. FISHER HAROLD S. IRWIN, IlL, ESQ. A'I'TORNEY ID NO. ~'fl;0 64 SOUTH Pl'l'r STREET CARLISLE PA '11'013 (7'17) ~L~e0~0 ATTORNEY FOR PLAINTIFF BARBARA A. FISHER, Plaintiff Va EDWARD R. FI8HER, Defendant .' IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02 - 4280 CIVIL TERM : 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: 1. Ground for divorce: Separation of the parties for over two years under Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Service was by publication (pursuant to an Order of Court dated March 17, 2004) on April 2, 2004 in the Cumberland Law Journal and April 3, 2004 in The Sentinel. (See proof of publication and copy of legal notice attached hereto. 3. Date of execution by the plaintiff and ser~/ice upon the defendant of the affidavit under Section 3301(d) of the Divorce Code: Executed by plaintiff on September 6, 2003 and attached to the complaint. 4. Date of execution by the defendant of the counter-affidavit under Section 3301 (d) of the Divorce Code: A counter-affidavit under Section 3301 (d) of the divorce code was attached to the notices served upon defendant by publication on April 2nd and 3rd as aforesaid. However, defendant has not executed nor filed a counter-affidavit. 5. Date of service upon plaintiff of the notice of intention to request entry of a divorce decree: Not applicable. The plaintiff executed a waiver of notice on June /~, 2004. (See original Waiver of Notice filed simulllaneously herewith.) 6. Date of execution by the defendant of the waiver of notice of intention to request entry of a divorce decree: Not applicable. The parties have lived separate and apart for nearly five years and have no outstanding property issues or other claims pending. The defendant's whereabouts are unknown. At the cost of nearly $1,000 to the plaintiff for attorney fees and advertising costs, defendant has been served by publication with notice of the complaint, a 3301(d) affidavit and a counter-affidavit for his use, but has not responded in any way. June t/O, 2004 Related claims pending: None HAROLD S. IRWIN, Attorney for Plaiintiff IN THE COURT Of COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. BARBARA A. FISHER, Plaintiff VERSUS FISHERt Defendant EDWARD R. NO.02 - 4280 - CIVIL TERM DECREE IN DIVORCE AN D NOW, ______]C3'~~~ DECREED THAT Barbara A. Fisher 2004 IT IS ORDERED AND , PLAINTIFF, AND Edward R. Fisher ,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. ATTEST: _ ~ J.