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HomeMy WebLinkAbout02-6115MELISSA S. RUSSELL, Plaintiff Vo MICHAEL P. RUSSELL, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0 5- L II CIWL TEP U IN CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case will proceed without you and a decree of divorce or annulment may be entered against you for any 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 Cumberland County Courthouse, Carlisle, Cumberland County, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF MARITAL 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 Two Liberty Avenue Carlisle, Pennsylvania 17013 (717) 249-3166 MELISSA S. RUSSELL, Plaintiff Vo MICHAEL P. RUSSELL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO.© CIVIL TEP,_U : IN CUSTODY COMPLAINT IN DIVORCE NO FAULT Plaintiff is Melissa S. Russell, an adult individual currently residing at 7 Cleversburg Road, Shippensburg, Cumberland County, Pennsylvania. Defendant is Michael P. Russell, an adult individual currently residing at 136 East King Street, I st Floor, Shippensburg, Cumberland County, Pennsylvania. o Plaintiff is a bonafide resident of the Commonwealth of Pennsylvania and has been so for at least six months immediately previous to the filing of this Complaint. Plaintiff and Defendant were married on August 11, 1999, in Cumberland County Pennsylvania. 5. There have been no other prior actions for divorce or annulment between the parties. Neither the Plaintiff nor the Defendant are members of the United States Armed Forces or its Allies. Plaintiff has been advised of the availability of counseling and the right to request that the Court require the parties to participate in counseling. Knowing this, Plaintiff does not desire that the Court require the parties to participate in counseling. 8. Plaintiff and Defendant are citizens of the United States of America. 9. The parties' marriage is irretrievably broken. 10. Plaintiff desires a divorce based upon the belief that the Defendant will, ninety (90) days from the date of the filing of this Complaint, consent to this divorce. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (c) of the Domestic Relations Code. COUNT III INDIGNITIES 11. Paragraphs 1 through 10 are incorporated herein by reference as if set forth in their full text. 12. Defendant has committed such indignities upon the person of the Plaintiff, the innocent injured spouse, as to make her condition intolerable and life burdensome. WHEREFORE, Plaintiff requests your Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (6). COUNT II ADULTERY 13. Paragraphs 1 through 12 are incorporated herein by reference as if set forth in their full text. 14. Defendant has committed adultery by having sexual relations with a female individual contrary to his wedding vows and the Plaintiff is the innocent and injured spouse. WHEREFORE, Plaintiff requests you Honorable Court to enter a divorce pursuant to 23 P.S. Section 3301 (a) (2). Respectfully submitted, ~~~y or~/~n~fsquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 VERIFICATION I verify that the statements made in the foregoing document 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 unsworu falsifications to authorities. MELISSA S.hxtUSSELL, Plaintiff MELISSA S. RUSSELL, Plaintiff Vo MICHAEL P. RUSSELL, Defendants : CIVIL ACTION - LAW : NO.O - (olaf : IN CUSTODY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THEPROTHONOTARY: Kindly allow Bradley L. Griffie, Esquire, to proceed informa pauperis. I, Bradley L. Griffie, Esquire, attorney for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal services or legal services at a reduced cost to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: Respectfully submitted, ~~;~;'tt~fsquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 MELISSA S. RUSSELL, Plaintiff Vo MICHAEL P. RUSSELL, Defendants : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : CIVIL ACTION - LAW : : NO. CIVIL TERM : 1N CUSTODY AFFIDAVIT IN SUPPORT PETITION FOR LEAVE TO PROCEED IN FORMA PA UPERIS I am the Plaintiff in the above matter and because of my financial condition am unable to pay the fees and costs of prosecuting, defending or appealing the action or proceeding. I am unable to obtain funds from anyone, including my family and associates, to pay the costs of litigation. ° I represent that the information below relating to my ability to pay the fees and costs is true and correct. a.) Name: Melissa S. Russell Address: 7 Cleversburg Road Shippensburg, PA 17257 b.) Social Security #: 196-66-8192. If you are presently employed, state: Employer: Address: Salary or wages per month: Type of work: Sanitation Food Lion, Inc. Lot 16, Commerece Avenue, Greencastle, PA $950/hr. (Appx. $1,250/month net) c.) d.) If you are presently unemployed, state: Date of last employment: N/A Salary or wages per month: N/A Type of work: N/A Other income within the past twelve months Business or profession: N/A Other self-employment: N/A Interest: N/A Dividends: N/A Pension and annuities: N/A Social Security benefits: N/A Support payments: N/A Disability payments: N/A Unemployment compensation and supplemental benefits: N/A Workman's compensation: N/A Public Assistance: N/A Other: Other contributions to household support: Spouse's name: Michael P. Russell If your spouse is employed, state: Employer: Progressive Logistic Services, Inc. Salary or wages per month: Appx. $1,900/month (net) f.) g.) e.) Type of work: _Dock worker/lumper Contributions from children: N/A Property owned: Cash: N/A Checking account: None Savings Account: None Certificate of Deposit: None Real Estate (including home): None Motor vehicle: Make: Ford Escort Cost: $1,500.00 Stocks; bonds: None Other: None Debts and obligations: Mortgage: Rent:. $500.00 Loans: $1,000.00 (Hospital Bill) Monthly Expenses: $1,600.00 (appx.) Persons dependent upon you for support Wife: Children: Name Carter E. Russell Year:_ 1997 Amount Owed:_ Age 2 years $1,200.00 I understand that I have a continuing obligation to inform the Court of improvement in my financial circumstances which would permit me to pay the costs incurred herein. I verify that the statements made in the foregoing document 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 falsifications to authorities. MELISSA S. tl/US~LL \ MELISSA S. RUSSELL, Plaintiff Vo MICHAEL p. RUSSELL, Defendants : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : : NO. 02-6115 CIVIL TERM : IN CUSTODY PRAECIPE TO THEPROTHONOTARY: Please reinstate the Divorce Complaint flied in the above captioned action. Date:~D5 Respectfully submitted, 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 MELISSA S. RUSSELL, Plaintiff VS. MICHAEL P. RUSSELL, Defendant · IN THE COURT OF COMMON PLEAS OF · CUMBERLAND COUNTY, PENNSYLVANIA · NO. 02-6115 CIVIL TERM · CIVIL ACTION - LAW .IN AFFIDAVIT OF SERVICE I confirm that I did this 3ao day of /c~'z~',~ o/~e7 ,2003, hand deliver a Complaint in Divorce and Notice To Defend anq Claim Rights to Defendant, Michael P. Russell, at /c~oD ~/~,~ 0/~?~ / ~o7-/3,v ~'.~',,~T-~Cx_ o .v (Constable) Swom and subscribed to before me this ~ day. of ~'/Y)7~~ , 2003. I Notadal Seal t Karisa J_. Lehman, Notary Public J ._ Carlisle l:~oro, Cumberland ~ L My Commission Expires Aug. 25, 2003