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HomeMy WebLinkAbout10-2132 Crystal Russell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE James Russell, Jr. Defendant : NO. 10- 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 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, Pennsylvania. 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, 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 PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY 'OFLYR ? LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FE?;? c= Cumberland County Bar Association ? F 32 South Bedford Street Carlisle, Pennsylvania 17013 ' - C-11 717) 249-3166 ` v m 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 accessible facilities and reasonable accommodations available to disabled 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. Crystal Russell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE James Russell, Jr., Defendant :NO. 10- CIVIL TERM DIVORCE COMPLAINT Plaintiff, Crystal Russell, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa C S M3301(c) AND 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Crystal Russell, who currently resides at 708 Stanwix Circle, Apartment 1, Carlisle, Cumberland County, Pennsylvania 17013 since January 1, 2010. 2. Defendant is James Russell, Jr., who currently resides at 7031 Veterans Way, P.O. Box 65, Ickesburg, Cumberland County, Pennsylvania 17037 since August 2009. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on February 17, 2005 in Newville, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since November 1, 2008. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. 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. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. Ashley Fer on _ Certified Legal Intern ROBIAT E. RAINS D THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in the foregoing complaint are true and correct, to the best of my knowledge, information and belief. I understand making any false statement would subject me to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Date 40-0-L 0 Plainti Crys OIRPussell Crystal Russell, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA v : CIVIL ACTION - LAW IN DIVORCE James Russell, Jr. Defendant NO. 10- .213aCIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Crystal Russell, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date D _ Ashley Me gu Certified Legal Intern C THOMAS K PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C= Q ra Crystal Russell, Plaintiff v. James Russell, Jr., Defendant 1. A Complaint in 2010. 2. The marriage < have elapsed fron 3. I consent to the request entry of tt I verify that the st false statements herein ar falsification to authorities Date "~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE c-n _~ - • C ~.. NO. 10-2132 CIVII~'R1V~,~ ~_~~ (- 1 .{ r ~ ~ '~ fail _ -~- rn ;, ~~ AFFIDAVIT OF CONSENT `"" ' <: >~: _ ~r ~a `- == :~_ ~= :,_ :~ r.' :z~ c.x., --~ - under §§ 3301(c) of the Divorce Code was filed on March 29, Plaintiff and Defendant is irretrievably broken and ninety (90) days the date of filing and service of the Complaint. entry of a final decree of divorce after service of notice of intention to decree. made in this affidavit are true and correct. I understand that made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn rys Russell, Plaintiff Crystal Russell, Plaintiff v. James Russell, Jr., Defendant 1. I consent to IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW IN DIVORCE NO. 10-2132 &3301(cl OF THE DIVORCE CODE entry of a final decree of divorce without notice. CIVIL TERM,, G °- ,~ ~ ---~ m ~ ; C-- ~, ~"' ; -::7 ` , ~ .c~ t _ ~' c .~ ._~ _ ,{ ~ =~ ± ~.. ~: ~ c..> 2. I understand t I may lose rights concerning alimony, division of property, lawyer's fees or expenses i I do not claim them before a divorce is granted. 3. I understand th t 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 s tements made in this affidavit are true and correct. I understand that false statements h rein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsificat on to authorities. Date o~C> G ~ , rys Russell, Plaintiff Crystal Russell, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANI A v. :CIVIL ACTION -LAW IN DIVORCE ~ James Russell, Jr., '~ ~ ~ Defendant _ : NO. 10-2132 CIVIL TERAc~=~' `~ ~ rz-$ ~ ~ ~ r~ °~ -~ -~ -- c n ~" :-~,3 r*~ ~' c~ PRAECIPE TO TRANSMIT RECORD r' ~~ "' r--.,_ ; ~ To the Prothonotary: = ~' ~ ~ -- ~" ~ .~ v Please transmit the record, to gether with the following information, to the court'~for~ntr of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by James Russell, Jr. on Apri12, 2010. 3. Date of execution of the affidavit of consent required by §3301 (c) of the Divorce Code: by plaintiff- July 13, 2010; by defendant- October 2, 2010. 4. Related claims pending: none 5. Date plaintiff s Waiver of Notice was filed with the Prothonotary: July 19, 2010. Date defendant's Waiver of Notice was filed with the Prothonotary: October 27, 2010. lV ~2-"l ID Date ~~.,'~~ Ashley Ferguson Certified Legal Intern '~ ~_ Anne acDonald-Fo sq. Supervising Attorneys FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorneys for Plaintiff Crystal Russell, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE James Russell, Jr., Defendant : NO. 10-2132 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on March 29, 2010. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) 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. §4904, relating to unsworn falsification to authorities. Date ~D /~ ~/~©" es Russell, Jr., endant ~"~~ ~ 4~ ~ ~(~ ~ '-" ~ ~~ f13~ N ~© ~ ~ ~~ ~~ ~~ Dc ~ _ ~- -C ~ .~~ Crystal Russell, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAl~[D COUNTY, PENNSYLVANIA v. :CIVIL ACTION -LAW IN DIVORCE James Russell, Jr., Defendant : NO. 10-2132 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER &3301(c) OF THE DIVORCE CODE 1. 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. §4904 relating to unsworn falsification to authorities. Date j0 ` ~ ^~ es Russell, Jr., D en t d {W'dA-l,~ S ~~~~ ~! 1dflOfl fl~~`~?~3fl~Jl'I;~ ~~ =z ~~ ~~ ~~o a~oa .~,~b10Pl0~~10~1d ~Hl ~0 ~0l~~Q-C13~1.~ _~,r~-, a ~ -~ ~~ ~ ~~' ~: .-- {~ ~ ~ ~ c-a ~ x-- ~~ v ~, °j+ ~ ~ ~ Crystal Russell IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA V. James Russell, Jr. NO. 10-2132 DIVORCE DECREE AND NOW, '~:~ ,o~,n~~~) ~ , 7_a l J , it is ordered and decreed that Crystal Russell plaintiff, and James Russell, Jr. ,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, rra,` ~,,.~ ~- r+~- t<<~ 1+°