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HomeMy WebLinkAbout01-03168 SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS-AT.LAW 26 W, High Street Carlisle, PA > -I" , . - - '~' '-0 --, ,< -" ,---;: _~,"";,,,,"c___, ~"''''-''''h',:~ TAMMY L. RUZYCKI, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0' - 31\o~ CIVIL ACTION Plaintiff vs. DAVID B. RUZYCKI, 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 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, Carlisle, Pennsylvania, 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS FEES OR EXPENSES BEFORE A DECREE OF 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 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: C, 01 . Lindsay, E ~uire I 21693 26 West High Street Carlisle, PA 17013 (717) 243-6222 II SAlOIS SHUFF, FLOWER & LINDSAY ATIORNEYS'AT'LAW 26 W. High Street Carlisle, PA ,,,,-I "1"-- , , - ~ , '. ",,-,~, " tM~ TAMMY L. RUZYCKI, : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. Oil- a/G,f' CIVIL ACTION Plaintiff V5. DAVID B. RUZYCKI, Defendant : IN DIVORCE COMPLAINT TAMMY L. RUZYCKI, Plaintiff, by her attorneys, SAIDIS, SHUFF, FLOWER & LINDSAY, respectfully represents: 1, The Plaintiff is Tammy L. Ruzycki, who currently resides at 107 Yates Street, Mt. Holly Springs, Cumberland County, Pennsylvania, where she has resided since 1999. 2. The Defendant is David B. Ruzycki, who currently resides at 3443 West Country ClubDrive, Irving, Texas, where he has resided since 2000. 3. The Plaintiff has been a bona fide resident in the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on February 14, 1991, in Marcellus, New York. 5. A Complaint in Divorce was filed in the Supreme Court of the State of New York, Onondaga County, on January 14, 2000 to the No, 2000 M 0064, A copy of the New York State Complaint is attached hereto as Exhibit "A". Upon information and belief, no Affidavit of Service of the Complaint in Divorce has been filed with the New York Court. Further, no service of the Complaint in Divorce was made within 120 days SAlOIS SHUFF, FLOWER & LINDSAY ATIQRNEYS.AT-LAW 26 W. High Slree! Carlisle, P A c" -1,.",.-- ,:,;;;~, ," O:~"'!'~ of filing. Further, upon information and belief, the action for Divorce in New York State may not proceed under any circumstances. 6, The Plaintiff avers that she is entitled to a divorce on the ground that the marriage is irretrievably broken and Plaintiff is proceeding under Sections 3301 (c) and/or (d) of the Divorce Code. 7. Plaintiff has been advised of the availability of marriage counseling and of the right to request that the Court require the parties to participate in marriage counseling, and does not request counseling, WHEREFORE, Plaintiff requests the Court to enter a decree of divorce. SAIDIS, SHUFF, FLOWER & LINDSAY, P.C. Attorneys for Plaintiff By: ire Date: /Ud1/i/ ~ II ".>,',L -" ^d. " _"J ^,:,< , , SAlOIS SHUFF, FLOWER & LINDSAY ATTORNEYS-AY-LAW 26 W. High Street Carlisle. P A VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. :~.~14~, Tam ~ n ' zycki Date: 5: /~3)0 / I I II ,'- .~. ~ ,_~" _~ _J,.. __~ ~~' '-"'~ .. ,~' ~: ~"'--~ I' SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF ONONDAGA lruf~ !No. Plaintiff designates ONONDAGA County as the place of trial DA VID B. RUZYCKI, Plaintiff, The basis of the uenue is Plaintiff's residence against SUMMONS WITH NOTICE ;1 Plaintiff resides at 130 North Geddes Street Syracuse, New York 13204 County of Onondaga TAMMY L. RUZYCKI, I: Defendant. ACTION FOR A DIVORCE To the aboue named Defendant YOU ARE HEREBY SUMMONED to seroe a notice of appearance, on the Plaintiffs Attorney(s) within 20 days after the seroice of this summons, exclusive of the day of seroice (or within 30 days after the seroice is complete if this summons is not personally delivered to you within the State of New York); and in case of your failure to appear, judgment will be taken against you by default for the relief demanded in the notice set forth below. _t DATED: December 13, 1999 THOMAS D. MARRIS, ESQ. MARRIS & BARTHOLOMAE, P.C. Attorney(s) for Plaintiff Office and Post Office Address: 317 Montgomery Street Syracuse, New York 13202 (315) 472-6417 NOTICE: The nature of this action is to dissolve the marriage between the parties on the grounds of cruel and human treatment. .,'~ ., ,T ", '- i: '! The relief sought is, A judgment of absolute divorce infauor of the plaintiff dissolving the marriage between the parties in this action. The nature of any ancillary relief demanded is for such other and further relief as to this Caurt may deemjust and proper. /iiltPi /If iil~-- j' I~. I ~~"I ~,,~~. --,,,,,, !, ~, " :~,~"..e il~-~ I 1/ I I I I , ! You may have certain rights under the Laws of the State of New York to an equitable ! division of certain property held individually and jointly by you and your spouse during the i! " " NOTICE TO DEFENDANT term of your marriage; to receive maintenance from your spouse; to receive support for the ~ : " children of the marriage. These rights may be available to you notwithstanding the fact that a separation agreement has been entered into between you and your spouse. A failure to answer this complaint and to appear in this action may therefore result in a judgment of divorce being obtained against you and, additionally, a waiver of these rights. - - , , ~ j ,.,' k, " " ,-.. --..-~ STATE OF NEW YORK SUPREME COURT COUNTY OF ONONDAGA DAVID B. RUZYCKI, Plaintiff, -vs- VERIFIED COMPLAINT Index No.: TAMMY L. RUZYCKI, Defendant. Plaintiff, by his attorneys, MARRIS & BARTHOLOMAE, as and for his Complaint against the Defendant herein, alleges and shows to this Court as follows: 1. The Plaintiff was married to Defendant at Marcellus, New York, on February 14, 1991. 2. That Plaintiff is, and at all times hereinafter mentioned was a resident of the State of New York; that Plaintiff was such a resident at the time this action was commenced and has been such a resident for a continuous period of two (2) years immediately preceding. 3. That no Decree, Judgment or Order of Divorce, Annulment or Dissolution of Marriage has been granted to the Defendant against the Plaintiff, or to the Plaintiff against the Defendant in any Court of this State, or any Court of any other State, Territory, Foreign Country or Dependency. 4. That there is one child born of the marriage of the parties hereto, PATRICIA M. RUZYCKI, born December 14, 1988. 5. That the parties separated on December 13, 1997, and have lived separate and apart since that time. 6. That since the marriage of the parties hereto, the Plaintiff has in all respects been a devoted, faithful and dutiful husband. That the Defendant has commenced and continued a course of conduct of cruel and inhuman treatment as against the Plaintiff, without any just cause or provocation, so as to make it unsafe and improper for the Plaintiff to cohabit with the Defendant as follows: a. That from November of 1995 until December of 1997, the Defendant would constantly start arguments over trivial matters, .~- . ~,..... ~- ,_L i ' ~~ ' " ]-11'''''''''- nil attempting to upset the Plaintiff and attempting to goad the Plaintiff into raising his voice to the Defendant, and subsequently the Defendant would call the police and accuse the Plaintiff of harassment. b. That in February of 1997, the Defendant punched the Plaintiff in front of the minor child, splitting the Plaintiff's lip and causing the Plaintiff to bleed. c. That from April of 1997 through December of 1997, the Defendant would denigrate the Plaintiff in front of the minor child and also in front of the Plaintiff's mother on a consistent basis. D. That in the fall of 1997, the Defendant maliciously ripped and cut up the Plaintiff's clothes and the Defendant encouraged the minor child to help her destroy the Plaintiff's clothes, and as the Defendant was destroying the clothes, the Defendant verbally denigrated the Plaintiff in front of the minor child. 7. That all of the above acts of cruel and inhuman treatment have taken place without cause or reason; that the Plaintiff has conducted himself as a good, dutiful and faithful husband throughout the marriage of the parties hereto; that the Defendant has caused Plaintiff great mental anguish, rendering it unsafe and improper for the parties to cohabit together. 8. That the Plaintiff has taken or will take all steps within his power to remove all barriers to the remarriage of the Defendant following any future divorce. 9. That the parties hereto are capable of dividing their personal property to their mutual satisfaction. WHEREFORE, Plaintiff demands judgment against the Defendant dissolving forever the bonds of matrimony between the Plaintiff and Defendant and for such other and further relief as to this Court may deem just and proper. -2- ,,~ ,- '. ~". ~." ",- ",', ""' , ~~ :1 ~:i 14" MARRIS AND BARTHOLOMAE Attorneys for Plaintiff Office and Post Office Address~ 317 Montgomery Street Syracuse, New York 13202 Telephone: (315) 472-6417 -3- ,.. ~ ~ ~ <~ . 1'. .......... _ d ~ . ""-, ''12' CERTIFICATION 22 HYCRR 202.16(e) CLIENT CERTIFICATION I, DAVID B. RUZYCKI, hereby certify, under penalty of perjury, that all of the information contained in the within Summons and Verified Complaint of pages, including this Certification page, is accurate, to the best of my knowledge, experience and investigation and that my attorney THOMAS D. MARRIS, ESQ., has relied on the information contained herein and this Certification when completing the following Attorney's Certification pursuant to 22 NYCRR 202.16 (el (Uniform Rules for the Supreme Court and the County Court in relation to Matrimonial Actions). ~J/~ ient ~-~ . ,~ - , -I ~ '" ~;',~; ". '--,.;,:-ji, VERIFICATION STATE OF NEW YORK ) COUNTY OF ONONDAGA) ss.: DAVID B. RUZYCKI, being duly sworn, deposes and says: That he is the Plaintiff in the within action; that he has read the foregoing Verified Complaint and knows the contents thereof; that the same is true to deponent's own knowledge, except as to matters stated therein to be upon information and belief, and as to those matters, deponent believes them to be true. ~~v SW9In to before me this H,a'Dday of ~"'-- , 1999. {)L , Notary Public THOMAS D. MARRIS Notary Public, Slate 01 New Voli Onondaga Count~ My commi.sion Esplin March 4, ~ f -3- .d -. I.-~-- I, i..'~'~'-' '-": i' ""'~ ii . ,i! I' il II ! ! ATTORNEY i i CERTIFICATION ~ i if Ii ': . . . I, THOMAS D. MARRIS, ESQ., HEREBY CERTIFY, under penalty of perjury, that I have no actual knowledge that the substance of any statements of fact contained in the annexed document are false. This Certification is based solely and exclusively upon information provided by the client, and upon the client's certification to the undersigned attorney that such information is not false, and is not based upon any review, audit, examination, inquiry or investigation made by the undersigned attorney or anyone acting on behalf of said attorney. To the best of my knowledge, information and belief, formed after an inquiry reasonable under the circumstances, the presentation of the paper or the contentions therein are not frivolous as defined in Subsection C of Section 130-1.1 of the Rules of the Chief Administrator as required by 22 NYCRR Part 130. PLEASE TAKE NOTICE, that this Certification is made by the attorney as an Officer of the Court and is directed solely and exclusively to the Court in accordance with 22 NYCRR 202.16(e) and is expressly not directed or extended to the opposing party herein. PLEASE TAKE FURTHER NOTICE, that the opposing party may not and should not J~jy upon the Attorney Certification in assessing the truth or validity of the information contained in the annexed document. The credibility of this submission is no greater than the credibility of the client represented by the undersigned attorney and the opposing party should give this document no greater credence because it bears this Attorney Certification. '-i~r;/ ~- THOMAS D. MARRIS ( J -. SAlOIS SHUFF, FLOWER & LINDSAY ATIURNEYS-AT-LAW 26 W. High Street Carlisle, PA ~ . "','~ ":- '~''- -,' -. '-':'i.<c<-"';t TAMMY L. RUZYCKI, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 01 - 3h.o 'g CIVIL ACTION : IN DIVORCE vs. DAVID B. RUZYCKI, Defendant AFFIDAVIT UNDER ~ 33010fi.Q.E THE DIVORCE CODE 1. The Parties to this action separated on December 13, 1997 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. VERIFICATION I, the undersigned, hereby verify that the statements made herein 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. ~.~}~:R~ Tammy, zyckl Date: S }d-3JO/ I II