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HomeMy WebLinkAbout10-4065 ,- ri~~ ~+.-k it w 2010 JoJI~ ~ ~ ~,a f ~• ~~ C~t'a `~ , . ~; ~, 'T~J ~.. ~~ ~lJi'41 i r't /~ t FC. IV i..u.~i ~t SANDRA D. RYBACKI, Plaintiff, v. STEPHEN M. RYBACKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2010 - ~Q($~ IN DIVORCE NOTICE CIVIL TERM 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 in 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 1-800-990-9108 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. 3.Sa -~ ~~+'. ~Z~ yC~~ ~~ ~y3ss7~ SANDRA D. RYBACKI, Plaintiff, v. STEPHEN M. RYBACKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2010 - CIVIL TERM IN DIVORCE COMPLAINT IN DIVORCE PURSUANT TO SECTIONS 3301(C) AND ~ OF THE DIVORCE CODE AND NOW, comes the Plaintiff, Sandra D. Rybacki, by and through her attorneys, Irwin, & McKnight, P.C., and files this Complaint in Divorce against the Defendant, Stephen M. Rybacki, representing as follows: 1. The Plaintiff is Sandra D. Rybacki, an adult individual residing at 4039 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 2. The Defendant is Stephen M. Rybacki, an adult individual currently residing at 4039 Enola Road, Newville, Cumberland County, Pennsylvania 17241. 3. The Plaintiff and Defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The Plaintiff and the Defendant were married on December 31, 1981 in Port Dickinson, New York. 5. There have been no prior actions of divorce or for annulment between the parties. 6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as the grounds upon which this action is based that the marriage between the parties is irretrievably broken. 7. The Plaintiff avers that she has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. 8. The cause of action and sections of the Divorce Code under which Plaintiff is proceeding are: (a) §3301(c). The marriage of the parties is irretrievably broken; and (b) §3301(d). The marriage of the parties is irretrievably broken and, at the appropriate time, Plaintiff will submit an affidavit stating that the parties have been living separate and apart for a period of at least two (2) years. WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage between the two parties. Respectfully submitted, IRWIN y~c McKNIGHT, P.C. Dated: June 16, 2010 By: rcus A. fight, III, Esquire reme Court .D. No. 25476 e t Pomfret rofessional Building 6 West P et Street Car ' ennsylvania 17013-3222 (717) 249-2353 VERIFICATION The foregoing Complaint in Divorce is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. Q~~~. ~ ~~ SANDRA D. RYBACKI Date: ~~ 1~ >ot O SANDRA D. RYBACKI, Plaintiff, v. STEPHEN M. RYBACKI, Defendant. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW 2010 - CIVIL TERM IN DIVORCE PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. ~~2L0(~A ~~` SANDRA D. RYBAC Date: ~,,~,~ !G ~a i U SANDRA D. RYBACKI, IN THE COURT OF COMMON PLEAS OF Plaintiff, :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2010 - 4065 CIVIL TERM r~ STEPHEN M. RYBACKI, ~ o Defendant. IN DIVORCE -~ i~ ~ ~ 1z ~~ ~ --~. ~ f--- `L3'T' -- ~ t 'S7 ~ AFFIDAVIT OF SERVICE OF COMPLAINT ' % `- -v PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(il ~ ~_, ~ E=j~-'-~ ~ ~ tV COMMONWEALTH OF PENNSYLVANIA -~ ~ '` . SS: COUNTY OF CUMBERLAND NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does depose and state: 1. That he is a competent adult and attorney for the plaintiff in the captioned action in divorce. 2. That a copy of the Divorce Complaint was served upon the defendant, Stephen M. Rybacki, on or about June 21, 2010, by certified delivery mail, addressed to him at 4039 Enola Road, Newville, Pennsylvania 17241, with Return Receipt Number 7007 2680 0003 0345 1024. hereof. 3. That the said receipt for certified mail is signed and attached hereto and made a part I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the nalties of 18 a. C. S. Section 49D4, relating to unsworn falsification to authorities. ~ /~ ~~-~ Date: July 1, 2010 A. On this, the 1st of July 2010, before me, the undersigned McKnight, III, Esq., known to me to be the person whose n e`ts acknowledge that he executed same for the purposes therei c rtt~ COMMONWEALTH OF PENNSYLVANIA N Notarial Seal Martha 1. Noel, Notary Publlo Carlisf. Boro, Curtib~rllihtl Ctlunty My Commission Explroe Sept. 1d• ~_ 011 IUlember, PennsylVatfltl AeAi~elAliph N ,III, ESQUIRE s nally appeared Marcus A. to he above instrument and ~' ti .. • o .-~ MAMA lei--tQ ,~ m Postage $ , ~ O m Certified Fee ~ ~Q t D t7 Retum Receipt Fee (Endorsement Required) ~ ~ ~ Restricted Delivery Fes (Endorsement Required) r ~ r JQ ~ .,~ Total Postage & Fees \ 1a~~' 1'U o Seni To ~.~' .....R~~~ _. .~ _~ ' ~ g~ ,~~VV , sireg orro!l710 ~~~ ~~ . a o r°v t1Ni~ O_ r ~~~P Y~ ~~ ~~ It>> ~~ ~~ 0 Z O ~ I ma,Qe ~ o -v-N-~l-~ ------- O O O ~ Ii Complete itetrls 1, 2, and 3. Also complete A. item 41f ResMcted Delivery ~ desired. ^ Print your name and address on the reverse so that vire can return the card to you. by f ^ Attach this card to the beds of the ma0piece, ~ or on the front >f space permits. D. Is add 1. Amble Addressed to: It YES, enter t MR STSPHEIi M. $YBACSI 4039 ~iOLA BOeD ~iiVILLE PA 17241 3. Service type i$t'~srtifisd Mali ^ Reg~terod O A®errt ~ c. rata of DeUvery ~arerrt frrxn Item 1? ^ Yes address ttebw: ~ No ^ E~rese Mail ~ Retum Receipt for Merchartdtse "a. Restricted t~elhreryt (Extra feel 2''~~""'~°r 7007 2680 ~~I]3 X345 1024 ~~ PS Form 3811, February 2004 t)orrrsaac Rtlun Renslpt to25s~o2-M-t5ao u _;;',,, ~u(s ~ Pln 3,rn Gi.;i+i~ - . _ .. ~ ~1 { ; ~ ~' PY ,~ -ono SANDRA D. RYBACKI, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner, :CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION -LAW 2010 - 4065 CIVIL TERM STEPHEN M. RYBACHI, Defendant/Respondent. IN DIVORCE PETITION FOR ALIMONY PENDENTE LITE AND NOW, comes SANDRA D. RYBACKI, by and through her attorneys, IRWIN & McKNIGHT, P.C., and petitions this Honorable Court as follows: 1. The Petitioner/Plaintiff is Sandra D. Rybacki, with a current address is 4039 Enola Drive, Newville, Cumberland County, Pennsylvania 17241. 2. The Respondent/Defendant herein is Stephen M. Ryacki who currently resides at 2161 Newville Road, Carlisle, Pennsylvania 17015. 3. The Petitioner and Respondent were married on December 31, 1981, in Port Dickinson, New York and were separated on June 20, 2010. A Divorce Complaint was filed by the Petitioner on June 16, 2010 and docketed at 2010-4065. 4 4. Petitioner is without the ability to earn income sufficient to meet her reasonable needs. WHEREFORE, Petitioner, Sandra D. Rybacki, respectfully requests that this Honorable Court order alimony pendente lite in an amount equal to the Pennsylvania State Support Guidelines. Respectfully submitted, IRWIN & cKNIG T, P.C. By: Marcu A. Mc t, Esquir 60 Wes fret Street ~ C sle, PA 17013 Su eme Court I.D. No: 2547 (717) -2353 Attorney for the petitioner/plaintiff Date: July 30, 2010 2 VERIFICATION The foregoing Petition is based upon information which has been gathered by counsel and myself in the preparation of this action. I have read the statements made in this document and. they are true and correct to the best of my knowledge, information and belief. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section 4904, relating to unsworn falsification to authorities. SANDRA D. RYBACKI Date: July 30, 2010 SANDRA D. RYBACKI, THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION -DIVORCE NO. 10-4065 CIVIL TERM ~, STEPHEN M. RYBACKI, IN DIVORCE ~ ~~, ~~ Defendant/Respondent : e "' PACSES NO: 554111850 ~'-'~' a~ _.~ _ ~~ ~ .:... ORDER OF COURT ~ ~~ '-~ c. . ~ ~.-. AND NOW, this 9th day of August, 2010, upon consideration of the Petition for Alimony Pendente Lite and/or counsel fees, it is hereby directed that the parties and their respective counsel appear before R. J. Shadday on August 30.2010 at 1:30 P.M. for a conference, at ] 3 N. Hanover St., Carlisle, PA 17013, after which the conference officer may recommend that an Order for Alimony Pendente Lite be entered. YOU are further ordered to bring to the conference: (1) a true copy of your most recent Federal Income Tax Return, including W-2's as filed (2) your pay stubs for the preceding six (6) months (3) the Income and Expense Statement attached to this order, completed as required by Rule 1910.11© (4) verification of child care expenses (5) proof of medical coverage which you may have, or may have available to you. If you fail to appear for the conference or bring the required documents, the Court may issue a warrant for your arrest. Copies mailed to: Petitioner Respondent Marcus A. McKnight, III, Esq. Date of Order: August 9, 2010 BY THE COURT, Albert H. Masland, Judge YOU HAVE THE RIGHT TO A LAWYER, WHO MAY ATTEND THE CONFERENCE AND REPRESENT YOU. 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 MAY GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVE. CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 cc361 SANDRA D. RYBACKI, IN THE COURT OF COMMON PLEAS OF Plaintiff/Petitioner CUMBERLAND COUNTY, PENNSYLVANIA VS. CIVIL ACTION - DIVORCE NO. 10-4065 CIVIL TERM STEPHEN M. RYBACKI, IN DIVORCE Defendant/Respondent PACSES CASE: 554111850 ORDER OF COURT 0 tx? z AND NOW to wit, this 30th day of August, 2010, it is hereby Ordered that the c C.J w C7 co Petition for Alimony Pendente Lite is dismissed, without prejudice, pursuant to the parties' Marital Settlement Agreement and the matter being handled by the parties outside of the Domestic Relations Section. This Order shall become final twenty (20) days after the mailing of the notices of the entry of the Order to the parties unless either party files a written demand with the Office of the Prothonotary for a hearing de novo before the Court. BY THE COURT: t ?r Albert H. Masland, J. DRO: R.J. Shadday xc: Petitioner Respondent Marcus A. McKnight, III, Esq.. Form OE-001 Service Type: M Worker: 21005 SANDRA D. BYBACRI PLAINTIFF V. STEPHEN M. HYBACRI, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2010 - 4065 CIVIL TERM DIVORCE DECREE AND NOW, ,Jz 20Iy , it is ordered and decreed that SANDRA D. BYBACBI , plaintiff, and STEPHEN M. RYB XI , 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.") The Marriage Settlement Agreement dated August 30, 2010, and signed by the parties is hereby incorporated into this Divorce Decree, but not merged. By the Court, ?•? r{C,?yre?'? ? ?