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Home My WebLink About08-3262Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 717-657-0632 Id. No. 63522 meresguire(a)~comcast.net Attorney for Plaintiff MARCI J. CLARDY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. 0~ - 3a.(o~ l:. ivi L TprM CHARLES W. CLARDY, :CIVIL ACTION -LAW Defendant : IN DIVORCE/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 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, Cumberland County Courthouse, Carlisle, PA. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 NOTICIA Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene viente (20) dias de plazo al partir de la fecha de la demanda y la notification. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede entrar una Orden contra usted sin previo aviso o notification y por cualquier queja o alivio que es pedido en la petition do demanda. Usted puede perder dinero o sus propiedades o otros derechos importanates para usted. LLEVE ESTA DEMANDA A iJN AB~ROOSUFIN CI NTE DE PAGAR TAOL TIENE ABOGADO O SI NO TIENE EL D SERVICIO, VAYA EN PERSONA O LLAME PORO PEALF~O AO ~~GUOAR DONDE SE DIRECCION SE ENCUENTRA ESCRITA AB PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about assessable facilities and reasonable accommodations available to disable individuals having business before the Court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the Court. You must attend the scheduled conference or hearing. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 2 MARCI J. CLARDY, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA r :NO. d~-3a~z ~ ~~ v. CHARLES W. CLARDY, :CIVIL ACTION -LAW Defendant : IN DIVORCE/CUSTODY COMPLAINT IN DIVORCE UNDER SECTION 3301(cl OR SECTION 3301(dl OF THE DIVORCE CODE AND NOW comes the above Plaintiff, Marci J. Clardy, by and through her attorney, Marianne E. Rudebusch, Esquire, and seeks to obtain a decree in divorce from the above- named Defendant, upon the grounds hereinafter set forth: 1. The Plaintiff, Marci J. Clardy, is an adult individual who resides at 517 Jacob Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Defendant, Charles W. Clardy, is an adult individual who resides at 517 Jacob Lane, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 3. The Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately prior to the filing of this Complaint. 4. The Plaintiff and Defendant were married on October 11, 2003. 5. Plaintiff avers that there are three minor children to the parties. 6. The Plaintiff and Defendant are both citizens of the United States of America. 7. There have been no prior actions in divorce between the parties. 3 8. The Plaintiff is not a member of the Armed Services of the United States or any of its allies, the Defendant is a Master Sergeant in the United States Air Force. 9. 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. 10. The causes of action and sections of Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c). The marriage of the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. B. Section 3301(d). The marriage of the parties is irretrievably broken. The Plaintiff and Defendant separated on or about 5/16/08. COUNT I CLAIM FORE UITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER SECTION 3502 OF THE DIVORCE CODE 11. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 10 of this Complaint. 12. Plaintiff and Defendant are the owners of real estate, motor vehicles, bank accounts, insurance policies, pensions, retirement benefits and other personal property 4 acquired during the marriage which is subject to equitable distribution by this Court. 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property as of the date of the filing of this Complaint. 14. Plaintiff requests this Court to equitably distribute the parties' marital property. COUNT V CUSTODY 15. Plaintiff hereby incorporates by reference all of the averments contained in paragraphs 1 through 14 of this Complaint. 16. Plaintiff seeks primary physical custody of the following children: Name Date of Birth Aaron J. Clardy 5/29/00 7 Roman J. Clardy 10/7/05 2 Eva J. Clardy 3/5/07 1 17. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. The Plaintiff has been the primary care giver of the children and has provided the children with consistent and loving care. b. Plaintiff is willing and able to continue to provide proper care and supervision to the children. c. Plaintiff can provide a stable and loving environment to the children. 5 18. The minor children have resided at 517 Jacob Lane, Mechanicsburg, Cumberland County, Pennsylvania with the Plaintiff and Defendant for at least three years prior to the filing of this Complaint. 19. 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, nor does she know of a person nor a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with the children. 20. The Plaintiff requests that a reasonable visitation schedule be set up by the Court regarding visitation of the parties' minor children by Defendant. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter a Decree: a. dissolving the marriage between the Plaintiff and Defendant; and b. equitably distributing all property owned by the parties hereto; and c. to grant primary physical custody of the parties minor children to the Plaintiff with liberal partial physical custody to the Defendant; and g. for such further relief as the Court may determine to be equitable and just. Respectfully Submitted, ~, ~~e -~~ Marianne E. Rudebusch, Esquire 4711 Locust Lane Harrisburg, PA 17109 (717) 657-0632 Id. No. 63522 Dated: ~~~' o~ 6 VERIFICATION I veri that the statements made in the foregoing are true and correct. I understand fY lse statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 that fa relating to unsworn falsification to authorities. d~ -1,~~ a C~ ~ Date: ~ ~ ~~ ~ ~ ~- J R~ ~ O c'v t~J ~ t . p f ` -?-~ ~ ,~ --, `y`a --~: _.,:. .~'4 t' ~~ ~ - ~J ~.[ i .. _'~ -r_ -+. ~" ~--, A-