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HomeMy WebLinkAbout98-06161 . I) 7' - ~ l.- ~ Li- t: ~ J \- 1-9 - ..3 / "j.''''';'' ,'J, ,/ , , ., 1 i '" J, ./ " (, (,Ii , ,- .I,':.,C,. ",.. " I I I MARY J. FUTRELL, Plaintiff : IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA , I , v, : CIVIL ACTION - LAW : DIVORCE TOMMY L. FUTRELL Defendant : NO. 98- \ ILl CIVIL TERM I' I. ~. COMPLAINT , I The plaintiff, Mary J. Futrell, by her attorneys, the Family Law Clinic, sets forth the I. i following cause of action: COUNT I. DIVORCE UNDER 23 Pa,C.S, SECTION 330l(c) AND 3301(al@ OF THE DIVORCE CODE I. Plaintiff is Mary 1. Futrcll, who currently resides at c/o S. Price, 35 Pond Road, Newville, Cumberland County, Pennsylvania 17241. 2. Defendant is Tommie L. Futrell, whose current address is unknown, and whose last known address as of March, 1998 was the Molly Pitcher Hotel, 13 South Hanover Street, Carlisle, Cumberland County, PA 17013. Defendant works at Blue Beacon, 1201 Harrisburg Pike, Carlisle, Cumberland County, Pennsylvania, 3. Plaintiff and defendant have been bona fide residents in the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4, Plaintiff and defendant were married on November 13, 1996, at Newville, Pennsylvania. 5. Plaintiff and defendant have lived separate and apart since March 1998. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8, Plaintiff avers that defendant, in violation of his marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such indignities to the person of the plaintiff, his injured and innocent spouse, as to render the condition of the plaintiff intolerable, and life burdensome. , j' 9, 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. WHEREFORE, plaintiff requests the eourt to enter a decree in divorce dissolving the marriage. Date (/(I J'/ Vf.16' , ")/" . l. ,II /I( ,',< /f / (/,,' (~ _ Marcia M, Ziegler Student Attorney ~~\(\ ~\~ THOMAS M, PLACE ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 YEHJ Fl CA:J'I0N I verify that the statements made in the foregoing Complaint arc true and correct, to the best of my knowledge, infollllaliun and belief. I understand making any false statement would subject me to the penalties of 18 Pa,C.S, ~4904, relating to unsworn falsification to Date: /,- )', /., ,oj',.. ! I"I".{/ Mary J; Futrell authorities, .1 ;.: i i I' I 1" MARY J. FUTRELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA V. CIVIL ACTION-LAW TOMMY L. FUTRELL, Defendant NO. 98- .i . i CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Mary J. Futrell, Plaintiff, to proceed in forma pauperis. I, Donald Marritz, of the Family Law Clinic, attorney for the party proceeding in forma pauperis, certify that 1 believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: firN61l Il, 1118 J.~lcJ ^\O;f-z ROBERT E. RAINS THOMAS M. PLACE Supervising Attorney DONALD MARRITZ Staff Attorney THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, P A 170 I3 (717) 243-2968 MARY J. FUTRELl.. Plaintiff IN TilE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY. PENNSYLVANIA v. : CIVIL ACTION - LAW TOMMY I.. FUTRELL. DclcndaIII 1\0 (IX-.. ! (,IVILlTR~1 AFFIJ)A VIT SUPPORTliliG PRAECIPE FOR LEAVE TO PROCEED IN FORMA PAUPERIS I. I am thc Plaintiff in the anove mattcr and hccause of my financial condition am unablc to pay thc fccs and costs of prosccuting or dcfcnding thc action or procccding. 2. I am unahle to ontain funds from anyone. including my family and assoeiatcs. to pay the costs of litigation. 3. I reprcscnt that the information nclow relating to my ahility to pay thc fccs and costs is true and correct. (a) Name: Mary J. Futrcll Address: c/o Shclvic Pricc. 35 Pond Road. Newvillc. "A 17241 Social Sccurity No.: 178-62-0707 Employmcnt Presently unemploycd Date of last employment: Spring 1996 Salary or wagcs per month: $5.25/ hour Type of work: Counter Attendant at Hardec's Other income within the past twclve months Public Assistance: Access Card for medical nceds and food stamps Other contributions to household support I live with my mothcr. Shc and other friends and rclatives arc supporting me and taking carc of food. clothing. shelter and other needs. Property owned None Debts and obligations None (b) (c) (d) e) (I) 4. I undcrstand that I havc a continuing obligation to inform the court of improvement in my financial circumstances which would permit mc to pay thc costs incurred ~ " '.- hcrcin. 5. I verify that the statcmcnts madc in this alfid;1\'l1 arc (rue and corrcct. understand Ihat false statcmcnh hcrcin arc madc suhjccttothc pcnaltics of IX Pa,C.S. ~41)()4. rclating 10 unsworn falsil'il:ation to authoritics. ) '. ". ; / 'I! r l ,! Mary J.' Futrcll Dalc: Octohcr 29. 1998 ~ (' I 1":: .. . c~ " - < f"- , ,-- . c C, I, t; I C. L " . , '- V ;"'...,) MARY J. FUTRELL, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE TOMMY L. FUTRELL, Defendant NO. 98-6161 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(cl OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce wi.thout 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. S4904 relating to unsworn falsification to authorities. " ", i I Date: / -,'^ (,," 'l~ - ~I / /J;r:. 1<19 t, ,i'>l,lf MARY cr. FUTRELL I; . MARY J. FUTRELL, PIa intiff IN TilE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW IN DIVORCE " ~<: 1 ; TOMMY L. FUTRELL, lJefendant NO. 98-6161 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REOUEST ENTRY OF A DIVORCE DECREE UNDER ~3301(cl OF THE DIVORCE CODE i".. :' v~ 1\ I' (,. 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. S4904 relating to unsworn falsification to authorities. 1 . Date: J. I.)'J '(~i /1 , I I I I. / ( '; , ./ I I -II~ 1(\:,. TOMMY L. FUTRELL i . i i / . \ i .~ . " ;....