HomeMy WebLinkAbout03-4472PETER JOSEPH McHUGH, ESQUIRE
Attorney Identification Number: 80637
107 South Broad Street
Kennett Square, Pennsylvania 19348
Telephone: 610.444.2770
Facsimile: 610.444.2771
Attorney for Plaintiff
Michael Robert Russell
MICHAEL ROBERT RUSSELL : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MISTY DAWN RUSSELL : 03 1111'7a CIVIL TERM
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. 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 grounds for the divorce are indignities or irretrievable breakdown of the
marriage, you may request marriage counselling. A list of marriage counsellors is available in the
Office of the Prothonotary at 1 Court House Square, Carlisle, Pennsylvania 17013-3323.
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.
CUMBERLAND COUNTY BAR ASSOCIATION
32 North Bedford Street
Carlisle, Pennsylvania 17013
717.249.3166
PETER JOSEPH McHUGH, ESQUIRE
Attorney Identification Number: 80637
107 South Broad Street
Kennett Square, Pennsylvania 19348
Telephone: 610.444.2770
Facsimile: 610.444.2771
Attorney for Plaintiff
Michael Robert Russell
MICHAEL ROBERT RUSSELL : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MISTY DAWN RUSSELL CIVIL TERM
COMPLAINT
AND NOW comes the plaintiff, Michael Robert Russell, by his attorney, Peter
Joseph McHugh, Esquire, who files this complaint representing the following:
The plaintiff is Michael Robert Russell who currently resides at 408 Brandy Lane,
Apt. #2, Mechanicsburg, Pennsylvania 17055.
The defendant is Misty Dawn Russell who currently resides at 26 West Factory
Street, Mechanicsburg, Pennsylvania 17055.
The parties are sui juris and have been bona fide residents of the Commonwealth
of Pennsylvania for a period of more than six (6) months immediately prior to the filing
of this complaint.
4. The parties were married on October 25, 1991 in Mechanicsburg, Pennsylvania.
5. Neither party is a member of a branch of the United States armed forces or its
allies within the provisions of the Soldiers and Sailors Civil Relief Act of the Congress of
1940 and its amendments.
6. The parties have not engaged in prior actions of divorce or annulment between
themselves in this or another jurisdiction.
The plaintiff has been advised that counselling is available and has the right to
request that the court require the parties to participate in counselling.
COUNTI
REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OR
SECTION 3301(d) OF THE DIVORCE CODE
8. The prior paragraphs on this complaint are incorporated herein by reference as
though set forth in full.
The marriage of the parties is irretrievably broken.
10. The plaintiff requests the court to enter a decree of divorce upon the parties'
consent or the passage of two (2) years from the date the parties have lived separate and
apart.
WHEREFORE, the plaintiff respectfully requests that the court enter a decree of
divorce pursuant to Section 3301(c) or Section 3301(d) of the Divorce Code.
COUNT II
REQUEST FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY
UNDER SECTION 3502(a) OF THE DIVORCE CODE
11. The prior paragraphs of this answer and counterclaim are incorporated herein by
reference as though set forth in full.
12. The parties have acquired marital property as defined by the Divorce Code that is
subject to equitable distribution pursuant to Section 3502(a) of the Divorce Code.
13. The parties have been unable to agree to the equitable division of said property as
of the date of the filing of their pleadings.
14. The defendant requests that the court enter an order of equitable distribution of
marital property pursuant to Section 3502(a) of the Divorce Code.
WHEREFORE, the defendant respectfully requests that the court enter an order
of equitable distribution of marital property pursuant to Section 3502(a) of the Divorce
Code.
COUNT III
REQUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND
ENFORCEMENT AND/OR MODIFICATION THEREOF UNDER SECTIONS
3104(a) AND 3105(a) OF THE DIVORCE CODE
15. The prior paragraphs of this answer and counterclaim are incorporated herein by
reference as though set forth in full.
16, While no settlement has presently been reached, the defendant is and has always
been willing to negotiate a fair and reasonable settlement of all matters with the plaintiff.
17. Although no written settlement has been presently entered into between the
parties, in the event that a written settlement is entered prior to the final disposition of this
action, the defendant desires that such written settlement agreement be approved by the
court and enforced and/or modified by the court pursuant to Section 3105(a) of the
Divorce Code.
WHEREFORE, if a written settlement is reached between the parties prior to the
final disposition of this action, the defendant respectfully requests that, pursuant to
Sections 3104(a) and 3105(a) of the Divorce Code, the court approve and enforce and/or
modify such agreement and grant such additional relief or remedy as equity and/or justice
require.
i
!Res tfully S bmitted,
By:
Peter J. McHugh, s ire
Attorney for Plai ti
Michael Robert Russell
VERIFICATION
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. §
4904 relating to unsworn falsifications to authorities.
Michael Robert Russell
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PETER JOSEPH McHUGH, ESQUIRE
Attorney Identification Number: 80637
107 South Broad Street
Kennett Square, Pennsylvania 19348
Telephone: 610.444.2770
Facsimile: 610.444.2771
Attorney for Plaintiff
Michael Robert Russell
MICHAEL ROBERT RUSSELL : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MISTY DAWN RUSSELL : 10.3- `l `177. CIVIL TERM
COMPLAINT FOR CUSTODY
AND NOW comes the plaintiff, Michael Robert Russell, by and through his
attorney, Peter Joseph Mc Hugh, Esquire, and files the within complaint representing:
1. The plaintiff is Michael Robert Russell ("father") who currently resides at 408
Brandy Lane, Apt. #2, Mechanicsburg, Pennsylvania 17055.
2. The defendant is Misty Dawn Russell ("mother") who currently resides at 26 West
Factory Street, Mechanicsburg, Pennsylvania 17055.
3. The plaintiff seeks legal and physical custody of the following children:
Name Address
Zachariah John Robert Russell
26 West Factory Street
Mechanicsburg, Pennsylvania 17055
Jacob Michael Russell
same as above
The children were born out of wedlock.
Mother currently has possession of the children.
Age
15
13
Since birth, the children have resided with the parties at the following addresses
during the past five years: 26 West Factory Street, Mechanicsburg, Pennsylvania 17055.
2
The mother of the children is Misty Dawn Russell residing at 26 West Factory
Street, Mechanicsburg, Pennsylvania 17055.
The mother is married.
The father of the children is Michael Robert Russell who currently resides at 408
Brandy Lane, Apt. 42, Mechanicsburg, Pennsylvania 17055.
The father is married.
4. The relationship of the plaintiff to the children is that of father. The plaintiff
currently resides with Richard Dietz.
5. The relationship of the defendant to the children is that of mother. The defendant
currently resides with the parties' children.
6. The plaintiff has not participated as a party or witness, or in another capacity, in
other litigation concerning the custody of the children in this or another court.
The plaintiff has no information of a custody proceeding concerning the children
pending in a court of this Commonwealth or another court.
The plaintiff does not know of a person not a party to the proceedings having
physical custody of the children or claims to have custody or visitation rights with respect
to them.
7. The best interests and permanent welfare of the children will be served by
granting the relief requested for the following reasons:
The plaintiff is the father of the children and has raised them along with the
defendant throughout their lives. The plaintiff desires to continue developing the
strongest possible bonds with the children.
3
8. Each parent whose parental rights to the children have not been terminated and the
person who has physical custody of the children have been named as parties to this action.
WHEREFORE, the plaintiff respectfully requests of this court to grant him legal
and physical custody of the children.
By:
Peter J. McHug
Attorney for Pq
Michael Robert
VERIFICATION
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. §
4904 relating to unsworn falsifications to authorities.
Michael Robert Russell
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PETER JOSEPH McHUGH, ESQUIRE
Attorney Identification Number: 80637
107 South Broad Street
Kennett Square, Pennsylvania 19348
Telephone: 610.444.2770
Facsimile: 610.444.2771
Attorney for Plaintiff
Michael Robert Russell
MICHAEL ROBERT RUSSELL : IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
MISTY DAWN RUSSELL : 0_3 - yy 7 z-- CIVIL TERM
EMERGENCY PETITION FOR SPECIAL RELIEF PURSUANT TO PA.R.Civ.P.
1915.13 AND §3505(A) OF THE DIVORCE CODE TO KEEP MINOR CHILDREN
WITHIN THE JURISDICTION AND CAUSE ISSUANCE
OF WRIT OF NE EXEAT
AND NOW, comes the plaintiff, Michael Robert Russell, by and through his
attorney, Peter Joseph Mc Hugh, Esquire, and files the within petition:
1. The plaintiff is Michael Robert Russell ("father") who currently resides at 408
Brandy Lane, Apt. #2, Mechanicsburg, Pennsylvania 17055.
2. The defendant is Misty Dawn Russell ("mother") who currently resides at 26 West
Factory Street, Mechanicsburg, Pennsylvania 17055.
3. The plaintiff is the father of the following children, Zachariah John Robert Russell
and Jacob Michael Russell ("children"), for whom the plaintiff seeks legal and physical
custody in this action.
4. To date, no custody order has been entered that establishes the parties' respective
legal and physical custody of the children.
5. The defendant is currently involved in a romantic relationship with James D.
Brown, a citizen and resident of the State of Georgia.
6. Prior to the filing of this petition, the defendant has stated on repeated occasions
that she was seriously considering a spontaneous relocation to the State of Georgia to
"start over" and get "a fresh start," such statements being made as recently as the week of
this filing.
7. The defendant's statements made to the plaintiff clearly inferred that the
defendant will conduct such relocation on the spur of the moment and without proper
notice and regard for the interests of the plaintiff with the children.
8. The plaintiff believes that such relocation to Georgia will cause immediate
detriment to his claims for legal and physical custody with the children, harm the best
interests of the children and cause prejudice to his rights and interests with them.
9. The plaintiff therefore believes that the court should issue an emergency order
requiring the defendant to refrain from relocating the children outside Cumberland
County until the parties' respective rights to the children are determined and set a hearing
to make such enjoinder permanent pending the court's determination of the parties'
respective rights with the children and the children's best interests.
WHEREFORE, the plaintiff respectfully requests of this court to issue an
emergency order requiring the defendant to refrain from relocating the children outside
Cumberland County until the parties' respective rights to the children are determined and
set a hearing to make such enjoinder permanent pending the court's determination of the
parties' respective rights with the children and the children's best interests.
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By:
Peter J. McHugh,
Attorney for Plair
Michael Robert R
VERIFICATION
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. §
4904 relating to unsworn falsifications to authorities.
Michael Robert Russell
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MICHAEL ROBERT RUSSELL, IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
MISTY DAWN RUSSELL,
DEFENDANT : 03-4472 CIVIL TERM
ORDER OF COURT
AND NOW, this 11 day of September, 2003, Michael Robert
Russell having filed a complaint for custody of Zachariah Russell and Jacob Russell,
which complaint has been referred to conciliation, the petition for special relief IS
GRANTED in that the mother, Misty Dawn Russell, shall not move the children out of
Pennsylvania without the approval of a prior order of court.
By the Court,
Peter J. McHugh, Esquire Cqy q ?Qn 16 P 1U
For Plaintiff a !
Misty Dawn Russell C°PY ln, 11c4
26 West Factory Street
Mechanicsburg, PA 17055
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PETER JOSEPH McHUGH, ESQUIRE
Attorney Identification Number: 80637
47 Marchwood Road, Suite 1-H
Exton, Pennsylvania 19341
Telephone: 610.363.1440
Facsimile: 610.363.2442
Attorney for Plaintiff
Michael Robert Russell
MICHAEL ROBERT RUSSELL,
Plaintiff,
V.
MISTY DAWN RUSSELL,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-4472 CIVIL ACTION
PLAINTIFF'S AFFIDAVIT OF CONSENT
A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
September 11, 2003.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
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:
PLAINTIFF
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PETER JOSEPH McHUGH, ESQUIRE
Attorney Identification Number: 80637
47 Marchwood Road, Suite 1-H
Exton, Pennsylvania 19341
Telephone: 610.363.1440
Facsimile: 610.363.2442
Attorney for Plaintiff
Michael Robert Russell
MICHAEL ROBERT RUSSELL,
Plaintiff,
V.
MISTY DAWN RUSSELL,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
03-4472 CIVIL ACTION
PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) AND 3301(d) OF THE
DIVORCE CODE
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.
Section 4904 relating to unsworn falsification to authoritiies.?
Date:
PLAINTIFF
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PETER JOSEPH McHUGH, ESQUIRE
Attorney Identification Number: 80637
47 Marchwood Road, Suite 1-H
Exton, Pennsylvania 19341
Telephone: 610.363.1440
Facsimile: 610.363.2442
Attorney for Plaintiff
Michael Robert Russell
MICHAEL ROBERT RUSSELL,
Plaintiff,
V.
MISTY DAWN RUSSELL,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY. PENNSYLVANIA
03-4472 CIVIL ACTION
DEFENDANT'S AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on
September 11, 2003.
2. The marriage of plaintiff and defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of divorce after service of notice of
intention to request entry of the decree.
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 unworn falsification to authorities.
Date:
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PETER JOSEPH McHUGH, ESQUIRE
Attorney Identification Number: 80637
47 Marchwood Road, Suite 1-H
Exton, Pennsylvania 19341
Telephone: 610.363.1440
Facsimile: 610.363.2442
Attorney for Plaintiff
Michael Robert Russell
MICHAEL ROBERT RUSSELL,
Plaintiff,
V.
MISTY DAWN RUSSELL,
Defendant.
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
03-4472 CIVIL ACTION
DEFENDANT'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY
OF A DIVORCE DECREE UNDER SECTION 3301(c) AND 3301(d) OF THE
DIVORCE CODE
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.
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.
Section 4904 relating to unsworn falsification to authorities.
Date: 4DDAeNT-
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CERTIFICATE OF SERVICE
I certify that I mailed a copy of the attached documents to the parties via United States
Postal Service first class mail upon the following people at their addresses:
Misty Dawn Russell
207 Constitutional Court
Mechanicsburg, Pennsylvania 17050
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PETER JOSEPH McHUGH, ESQUIRE Attorney for Plaintiff
Attorney Identification Number: 80637 Michael Robert Russell
47 Marchwood Road, Suite 1-H
Eaton, Pennsylvania 19341
Telephone: 610.363.1440
MICHAEL ROBERT RUSSELL : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
MISTY DAWN RUSSELL : 03-4472 CIVIL TERM
PRAECIPE TO WITHDRAW COUNTS It AND III OF THE COMPLAINT
Please mark counts II and III
as withdrawn. 11
By:
Peter J. Mcl-
Attorney for
Michael Rob
CERTIFICATE OF SERVICE
I verify that I served a copy of this document upon the defendant at her addressed listed below
by US first class mail postage prepaid simultaneous to mailing the original to the court for filing:
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CERTIFICATE OF SERVICE
I verify that I served a copy of this document upon the defendant at her addressed listed below
by US first class mail postage prepaid simultaneous to mailing the original to the court for filing:
Misty Dawn Russell
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PETER JOSEPH McHUGH, ESQUIRE Attorney for Plaintiff
Attorney Identification Number: 80637 Michael Robert Russell
47 Marchwood Road, Suite 1-H
Exton, Pennsylvania 19341
Telephone: 6103611440
MICHAEL ROBERT RUSSELL : IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
V.
MISTY DAWN RUSSELL : 03-4472 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the court for entry
of a divorce decree:
1. Ground for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code.
2. Date and manner of service of the complaint: the defendant was personally served with the
Complaint on September 11, 2003 after it was filed that day in court by a legally defined
competent individual for effecting service.
3. (a) Date of execution of the affidavit of consent required by Section 3301(c) of the
Divorce Code: by plaintiff on October 13, 2005; by defendant on October 13, 2005.
4. Related claims pending: none.
5. (b) Date plaintiff's waiver of notice in section 3301(c) divorce was filed with the
prothonotary: November 8, 2005.
Date defendant's waiver of notice in section 3301(c) divorce was filed with the
prothonotary: November 8, 2005
Respyctfull t ed,
By: &C c e
eter J. McH sq ire
Attorney fo 1 ' tiff /
Michael R Russell
CERTIFICATE OF SERVICE
I verify that I served a copy of this document upon the defendant at her addressed listed below
by US first class mail postage prepaid simultaneous to mailing the original to the court for filing:
207
Mechanic!
Misty Dawn Russell
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IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
%ra
STATE OF v'r PENNA.
MICHAEL ROBERT RUSSELL
N O. 03-4472 CIVIL TE
VERSUS
MISTY DAWN RUSSELL
DECREE 1N
DIVORCE
AND NOW, 2i GL,Lej 21 2005 T IS ORDERED AND
DECREED THAT MICHAEL ROBERT RUSSELL PLAINTIFF,
AND MISTY DAWN RUSSELL 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;
A
BY THE CO
ONOTARY
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
Plaintiff
Vs File No. - U a -7 Z
IN DIVORCE
Defendant ,
NOTICE TO RESUME PRIOR SURNAME
Notice is hereby given that the Plaintiff / defendant in the above matter,
[select one by marking "x"]
prior to the entry of a Final Decree in Divorce,
or --,K_ after the entry of a Final Decree in Divorce dated a ?a ?-
hereby elects to resume the prior surname of E ?-
writte11,111"ce vowing his / her intention pursuant to the provisions of 54 and gives this
704.
Date:
gnature
Si a e name being resume
COMMONWEALTH OF PENNSYLVANIA )
COUNTY OF
On the 914 day of , 200 f, before me, the Prothonotary or the
notary public, personally appeared the above affiant known to me to be the person whose
name is subscribed to the within document and acknowledged that he / she executed the
foregoing for the purpose therein contained.
In Witness Whereof, I have hereunto set my hand hereunto set my hand and official
seal.
?awcst. ? .
Notary Public
NOTARIAL SEAL
PROTHONOTARY, NOTARY PUBLIC
CARLISLE CUMBERLAND COUNTY COURTHOUSE
MY COMMISSION EXPIRES JANUARY 4, 2010
FILED -0, -HGF
OF THE PR iTI!0NOTARY
2009 JUL -9 AN 9: 1 -11
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