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Home My WebLink About09-7369i Divorce Complaint Prepared By: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 9 Fax: 717-975-0697 • Email: dianeradcliff @comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. RUSSO, V. GIOVANNI RUSSO, Plaintiff . NO. 07- 736 el : CIVIL ACTION - LAW : DIVORCE Defendant 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 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 Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF 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 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. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDER YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 . IN THE COURT OF COMMON PLEAS OF CUMBERLAND OUNTY, PENNSYLVANIA LORI L. RUSSO, V. GIOVANNI RUSSO, Plaintiff NO. : CIVIL ACTION - LAW : DIVORCE Defendant "ISO PARA DEFENDER Y RECLAMAR DERECHOS USTED HA SIDO DEMANDADO EN LA CORTE. Si desea defenderse de [as quejas expuestas en Las paginas siguientes, debe tomar accion con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede ser emitido en su contra por la Corte. Una decision puede tambien ser emitida en su contra por cualquier otra queja o compensacion reclamados por el demandante. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidadas o rompimiento irreparable del matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales esta disponible en la oficina del Prothonotary, en la Cumberland County Courthouse, Carlisle, Pennsylvania SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL, HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO 0 ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO, VAYA 0 LLAME A LA OFICINA INDICADA ABAJO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone No. (717) 249-3166 C, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. RUSSO, 4. 73" Plaintiff NO. V. CIVIL ACTION- LAW GIOVANNI RUSSO, DIVORCE Defendant COMPLAINT Cu?a Tom..... Plaintiff, Lori L. Russo by attorney, Diane G. Radcliff, Esquire, and files this Complaint in Divorce of which the following is a statement: 1. The Plaintiff is Lori L. Russo, an adult individual residing at 20 Westgate Drive, Mt. Holly Springs, Cumberland County, PA 17065 since 2006. 2. The Defendant is Giovanni Russo, an adult individual residing at 7 Front Street, Boiling Springs, Cumberland County, PA 17007 since September, 2009. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on December 19, 2003 at Longmeadow, MA. 5. There have been no prior actions of divorce or annulment between the parties. 6. 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. 7. Defendant is not a member of the Armed Services of the United States or any of its Allies. 8. Plaintiff avers that the grounds on which the action is based are: - 1 - A. Section 3301 (c) Mutual Consent No-Fault: The marriage is irretrievably broken; B. Section 3301 (d) Non-Consent No-Fault: The marriage is irretrievably broken and the parties are now living separate and apart. Once the parties have lived separate and apart for a period of two years, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two (2) years and that the marriage is irretrievably broken. C. Section 3301 (a)(6) Indignities: Defendant has offered such indignities to the person of the Plaintiff, the innocent and injured spouse, as to render condition intolerable and life burdensome, and that this action is not collusive. 9. Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff requests this Honorable Court to enter a decree in divorce, divorcing the Plaintiff and Defendant. Respectfully submitted, ANE . DCLIFF, ESQUIRE the Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff -2- LM VERIFICATION LORI L. RUSSO verifies that the statements made in this Complaint are true and correct. LORI L. RUSSO understands that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. LORI L. RUSSO Date: io ) -10- 9 -3- D THE 007?OUMARY 2009 OCT 27 AN 8: 4 b Cumb l? ,. u'?UNTY ??rJn?s ,Ai. QZC? i 33psv C:k_ C/ G 3 y >&,. 2 3-2 &19 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. RUSSO, : Plaintiff NO. 09-73Cnq v• CIVIL ACTION -LAW GIOVANNI RUSSO, DIVORCE Defendant AFFIDAVIT OF SERVICE I, the undersigned, being duly sworn/affirmed according to law, deposes and says: 1. I am over 18 years of age and am not related to either party to this action. 2. I served a true and correct copy of the Complaint in Divorce, properly endorsed with a Notice to Plead, upon the Defendant, Giovanni Russo, on /~ ~3~ •- ~ by the manner checked below: jlf] a. Handing a copy to Defendant aft ~~ F'.t -~i zZ~ (.t, i' ~c--v~ S~'t" [ ] b. Handing a copy to , an adult member of the family with whom the Defendant resides at Defendant's residence located at or if that person is not a member of Defendant's family, then said person is the adult person in charge of Defendant's said residence; [ ] c. Handing a copy to , at ,said person being the Defendant's agent or to the person for the time being in charge of Defendant's office or ususal place of business located at _ ~C~ (Signature) (Printed name) Sworn to and subscribed before me a Notary Public in and for Cumberland Cou ty, Pennsylvania this day of ~Gll~w~~u'l_ , 20c~"~ NOTARY PUBLIC My commission expires: COMYOIVWEALTH Of PENNSYLVMWA NOTARIAL SEAL CFtARLES A. FIARBOL•D, Notary Public Camp tail! Boro, Cumbe~iand County COf11111fSElOf1 EXpKes tk'C, 3(le ~]0 - : ,~ °~ _ _ ~ ~;, r ~"~ r_~, l{J~ JUN 14 2p10 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. RUSSO, . Plaintiff v. . GIOVANNI RUSSO, Defendant N0. 09-7369 CIVIL TERM CIVIL ACTION -LAW DIVORCE ORDER FOR SERVICE OF FILING OF MASTER'S REPORT BY PUBLICATION AND NOW this ~da of 2010 in consideration of the Y > within Motion, IT IS HEREBY ORDERED AND DIRECTED that Plaintiff shall serve the Notice of the filing of the Divorce Master's Report upon the Defendant by Publication one time in the Cumberland County Law Journal and one time in the Carlisle Sentinel, and that the Proof of the Publications shall be filed of record in this case. Ten (10) days after the last date of publication, and provided no Exceptions have been filed by either party, either party may transmit the record to the Court for entry of the Divorce Decree. ~ k~ L/t s~~b ~~ c> ~-- „`' ~_7 ~,_, < -. ~, ~~ n~ w t_~ ~~:~ ~: ~ IT ,_ BY THE COURT: ,~ LORI L. RUSSO, 2QIQJ:~~ -! -~1l~~ v OR1GIti~ 'SUN ~ 5 X010 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff N0. 09-7369 CIVIL TERM v. CIVIL ACTION -LAW GIOVANNI RUSSO, DIVORCE AND CUSTODY Defendant ORDER OF COURT Re: Petition for Custody Order without Conciliation Conference or Hearing AND NOW, this ~ day of , 2010, in consideration of the within Petition, IT IS HEREBY ORDERED that Plaintiff, Lori L. Russo is granted sole legal custody and sole physical custody of the parties' children .:~ `~~ ~HC ~'` '! ` ' ..'~~1~;~ NAME DATE OF BIRTH SOCIAL SECURITY N0. Giovanni C. Russo 7/23/2004 XXX-XX-8747 Giuseppe Russo 9/12/2007 XXX-XX-7146 Distribution to: J. Antto_rney for Plaintiffs Diane G. Radcliff, Esquire, 3448 Trindle Road, Camp Hill, PA 17011 7~I! ! D ~,~~,~ o~ This Order is ent red without prejudice to the Defenjjdant, Giovanni Russo ~o o ~~~ c n a c ~ ~..., ~ e.z~ f ~ C , ~ ~ -M o~~ ~ ', a l ut ~ ~ ~ -.znc. .~nF~° ~~c tSSvC'. o~ voL1~` c5 ~V1~V~ ~~ S~~JF~ Vj~• 1Nto~+tTCCd BY THE COURT: _ , n , ~~ ._., .._~~.~•~i~ tJt~ r'.: _ ,.. a SPACE ABOVE THIS LINE FOR FILING INFORMATION Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. RUSSO, Plaintiff N0. 09 ' (rte CIVIL TERM v. CIVIL ACTION -LAW GIOVANNI RUSSO, DIVORCE Defendant PROOF OF PUBLICATION Attached is the Cumberland County Law Journal Proof of Publication of the Notice of the Filing of the Master's Report and Notice of the Master's Recommendations on Plaintiff's claim for a divorce on the grounds of Indignities, which publication was made on June 25, 2010 E G. RAD LIFF, ESQUIRE ~I (At gistration No 32112) Dated: ~ ~-~ 1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz June 25, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. i~Il~~/ f /i//'/Tj~1,~- ' a Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 25 day of June, 2010 r Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commiaaion Expina Apr 28.2014 Fitt` ~9 1(1frtCsY! ~~r~uts.~ +"'viAlF~~BfJl~i~ ,NRris~iAt~ki 3.;C•JFA Otte ,$S iqA r9>agx~s no~re~mrno~ ,tM - CUMBERLAND LAW JOURNAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 09-7369 CIVIL TERM LORI L. RUSSO, Plaintiff v. GIOVANNI RUSSO, Defendant DIVORCE NOTICE OF FILING OF MASTER'S REPORT AND NOTICE OF THE MASTER'S RECOMMENDATION To the Defendant, Giovanni Russo: Pursuant to the Order of Court dated June 15, 2010, Notice is hereby given to the Defendant that the Transcript of Proceedings and Master's Report was filed with the Prothonotary on June 11, 2010. In the Master's Report, based on the testimony provided by the Plaintiff/ Wife the Master found that Defendant engaged in a course of conduct which made the Plaintiffls life intolerable and burdensome. Therefore, the Mas- ter recommended that Plaintiff/Wife be granted a decree in divorce under Section 3301(a)(6) of the Domestic Relations Code. Pursuant to the Order of Court dated June 15, 2010, Notice is hereby given to the Defendant that the Notice of the Filing of the Master's Report was filed with the Prothonotary on June 11, 2010, which provides as follows: "The Report of the Master has been filed this date and copies sent with this notice to counsel of record and the parties. In accordance with Pa.R.C.P. 1920.55 within twenty (20) days after the mailing of this notice and report exceptions maybe filed to the report by any party. If no excep- tions are filed within the twenty (20) day period, the Court shall receive the report, and if approved shall enter the final decree in accordance with the recommendation contained in the report". Date: 6/ 15/ 10 E. Robert Flicker, II Divorce Master June 25 ,: ~ - 1 iL,~i_. ~ - _ i, ~,.~ 'J; ~: t r ~ ~'~~~ ":''~~ SPACE ABOVE THIS LINE FOR FILING INFORMATION Prepared by: Diane G. Radcliff, Esquire 3448 Trindle Road, Camp Hill, PA 17011 Supreme Court ID # 32112 Phone: 717-737-0100 • Fax: 717-975-0697 • Email: dianeradcliff C~comcast.net Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. RUSSO, Plaintiff N0. 09~ CIVIL TERM v• CIVIL ACTION -LAW GIOVANNI RUSSO, DIVORCE Defendant PROOF OF PUBLICATION Attached is the The Sentinel Proof of Publication of the Notice of the Filing of the Master's Report and Notice of the Master's Recommendations on Plaintiff's claim for a divorce on the grounds of Indignities, which publication was made on June 23, 2010 -, I DCLIFF, ESQUIRE ( ttorney egistration No 32112) Dated: PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Director of Sales and Marketin>; of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13,1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tune 23, 2010 COPY OF NOTICE OF PUBLICATION ~~~ IHi TM COURT f3F COM PLEAS OF CUILA~1'D CDt1NTY, P~.1q/StfLVANUI LORI L. RUSSt), ' t'kNnfitl N~.06-7389 CIVIL'1`ERM d. :. CIVIL ACTION • L:AW 410VANNI RUSSO, : DIVORCE Defendant ; To ilte Deh~nt, dlovar-ni Russo:. 46; Pursusnt w tn. cxa.rot ~ Me Defendant That the with the Protli6MMpfary oa' R~qq otttN,tippU,sr hagt~i to tweltaM otYioord gild tth I -tw+IN~+~al~eaRK l Brae tofh. are sluHarr d~ea~e~fn contained In thereport . , DaW:BHlU10 to in dNerce under Ssotlon 3301(p(B) of the 1 Juan 1, 5, 20~D, Notice Ig h~raby piw~t to w F1Hny of the MastK'e Reporf yvae Hied aoor; ~Ififcti provkles as toNowa: "TAe' d tltis dad ~l coWa soot aWg11hN notke ~ m der P R.G:f~. t020.38 lail #IhhZnoflasand IhaB re+r~ivs*~report; ahd M approved, KdenC~ wlMr the resommenAation E. faobgttEN~cer, II tsh!orq Master Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this a~~' l~ ~~~~v ~ p~ Notary Public My commission expires: ~~..~~. NOTARIAL SEAL BAMBI ANN HECKENOORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 f=' _ _ ~?i 1 !t ~: n'' { ~ ~ 3•. cq ~t..~~~r~'=° ~'~.~i`r ~i !M1 ~ .. ~ ,_. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA LORI L. RUSSO, v. GIOVANNI RUSSO, Plaintiff N0. 09-7369 Civil Term CIVIL ACTION -LAW Defendant DIVORCE PRAECIPE OF TRANSMIT MASTERS REPORT TO THE PROTHONOTARY: 1. A Motion for Appointment of Master was filed on April 8, 2010 to hear the claim of Divorce. 2. A Master Report and Recommendations was filed on June 11, 2010. 3. 20 days having passed and no exceptions having been filed. Note: Since the whereabouts of Defendant were unknown, as per the order of Court dated June 16, 2010, the Notice of the filing of the Master's Report and Recommendation was advertised in the Sentinel on June 23, 2010 and the Cumberland County Law Journal on June 25, 2010. More than 20 days have passed since the last date of advertisement and no exceptions have been filed. Proof of the foregoing publications are filed of record in this case. THEREFORE, please forward file to the Court for review. Respectfully submitted, DCLIFF, ESQUIR 3448 Trindle Road Camp Hill, PA 17011 Phone: (717) 737-0100 Supreme Court ID # 32112 Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF LORI L., RUSSO :CUMBERLAND COUNTY, PENNSYLVANIA V. GIOVANNI RUSSO NO. 09-7369 CIVIL TERM DIVORCE DECREE AND NOW, v 3 , Z d l D, it is ordered and decreed that LORI L., RUSSO plaintiff, and GIOVANNI RUSSO ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, s~ a ~~o c~~. c~ ~ Not;cA. mc~.~ ~eJ -b ~' ~al;~f