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HomeMy WebLinkAbout00-06878 -"6'. ~ CHLOE D. RUPP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v, NO. 2000- ~ '17 'l CIVIL TERM JAMES A. RUPP, Defendant CIVIL ACTION-LAW IN DIVORCE 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 may proceed without you and a decree of divorce or annulment may be entered against you by the court. Ajudgment 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, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, MARITAL PROPERTY, COUNSEL FEES OR EXPENSES BEFORE THE FINAL DECREE OF DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE TillS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 , ~; _c". , ~i~--"!ii:t;: CHLOE D. RUFP, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2000- (. ~ '7? CIVIL TERM v. JAMES A. RUFP, Defendant CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTIONS 3301(C) AND 3301(0) OF THE DIVORCE CODE 1. Plaintiff is Chloe D. Rupp, an adult individual who currently resides at 174 Conodoguinet Estates, Newville, Cumberland County, Pennsylvania. 2. Defendant is James A. Rupp, an adult individual who currently resides at 133 Oak Flat Road, Newville, Cumberland County, Pennsylvania. 3. Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six: months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on March 29, 1980, in Cumberland County, Pennsylvania. COUNT I - DIVORCE UNDER SECTIONS 3301 (c) AND 3301(d) OF THE DIVORCE CODE 5. Plaintiff hereby incorporates by reference paragraphs 1 through 4 above. 6. There have been no prior actions of divorce or for annulment between the parties as to their current marriage. 7. Neither Plaintiff nor Defendant is in the Armed Forces of the United States. 8. Plaintiff avers that the marriage between the parties is irretrievably broken. Ii '<.,., iiiliiIiiiIi' 9. The Plaintiff has been advised of the availability of counseling and that she may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree in divorce. COUNT II -EOUITABLE DISTRIBUTION 10. Plaintiff hereby incorporates by reference paragraphs 1 through 9 above. 11. The parties have acquired real and personal property, including real estate, automobiles, bank accounts and other items of miscellaneous property during the course of their marriage, some of which is marital property. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a decree which effects an equitable distribution of marital property. II i COUNT III - CUSTODY 12. Plaintiff hereby incorporates by reference paragraphs 1 through 11 above 13. The Plaintiff is Chloe D. Rupp, an adult individual residing at 174 Conodoguinet Estates, Newville, Cumberland County, Pennsylvania. 14. The Defendant is James A. Rupp, an adult individual residing at 133 Oak Flat Road, Newville, Cumberland County, Pennsylvania. 15. Plaintiff seeks custody of Ashley Rupp, born February 16, 1994. The child was not born out of wedlock. The child is presently in the custody of Plaintiff at 174 Conodoguinet Estates, Newville, Cumberland County, Pennsylvania. II ,,,-, ,,,,,-''- - ' ElIIiliiiillL' 'illli.' During the past five years, the child has resided with the following persons at the following addresses: Persons Residences James A. Rupp Chloe D. Rupp 133 Oak Flat Road Newville, Pennsylvania 17241 Chloe D. Rupp 174 Conodoguinet Estates Newville, Pennsylvania 17241 Dates birth to October 6, 2000 October 6, 2000 to present The natural father ofthe child is James A. Rupp, currently residing at 133 Oak Flat Road, Newville, Cumberland County, Pennsylvania. He is married to the Plaintiff. The natural mother of the child is Chloe D, Rupp, currently residing at 174 Conodoguinet Estates, Newville, Cumberland County, Pennsylvania. She is married to the Defendant. 16. The relationship of the Plaintiff to the child is that of natural mother. The plaintiff currently resides with the following persons: Names Relationship None 17, The relationship of the Defendant to the child is that of natural father. The defendant currently resides with the following persons: Names Relationship i I i I I I I Ii ,I I: None 18. Plaintiff has not participated as a party or witness, or in any other capacity in other litigation, concerning the custody of the child in this or in any other Court. i\ I .g ~, 1 Plaintiff has no information of a custody proceeding concerning the child pending in a court ofthis Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 19. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as parties to this action. All other persons, named below, who are known to have or claim a right to custody or visitation of the child will be given notice of the pendency of this action and the right to intervene, WHEREFORE, Plaintiff requests your Honorable Court to grant her primary physical custody of the children. Respectfully submitted, Date: 't;leln O"E::J3t:7t David A. Baric, Esquire lD. # 44853 17 West South Street Carlisle, Pennsylvania 17013 (717) 249-6873 dab.dir/domestic/rupp/complaint.pld :i : _"__._0_'_" -- ,-.~,_-~ _H__, ~__\ ~it' 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 unsworn falsification to authorities, Date: 11u! H Ii Ii II 0Jtk () 1(~ CWoe D. Rup.p L !If