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HomeMy WebLinkAbout05-4997SHERRI M. RITCHEY, Plaintiff V. JONATHAN G. RITCHEY, Defendant IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PA NO. ?0C)f ?? : CIVIL ACTION - LAW IN DIVORCE 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, Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS'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 CARLISLE, PA 17013 (717) 249-3166 OR (800)990-9108 SHERRI M. RITCHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. ?5'_ y 947 (_ ev-r JONATHAN G. RITCHEY, CIVIL ACTION - LAW Defendant IN DIVORCE COMPLAINT 1. Plaintiff is Sherri M. Ritchey, who currently resides at 120 Lebo Road, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Jonathan G. Ritchey, who currently resides at 118 Virginia Avenue, Carlisle, Cumberland County, Pennsylvania, since on or about July 17, 2005. 3. The Plaintiff and Defendant have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on June 13, 1998, at Mechanicsburg, Cumberland County, Pennsylvania. COUNT I - DIVORCE 5. Paragraphs 1 through 4 of this Complaint are incorporated herein by reference as though set forth in full. 6. There have been no prior actions of divorce or for annulment between the parties. 7. Divorce is sought pursuant to the provisions of the Divorce Code, § 3301(c) and 3301(d), in that: a. The marriage is irretrievably broken. b. Plaintiff and Defendant have lived separate and apart since July 17, 2005, and continue to do so. 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 such counseling. 9. The Plaintiff in this action is not a member of the Armed forces. WHEREFORE, the Plaintiff requests This Honorable Court to enter a Decree of Divorce. COUNT II - EQUITABLE DISTRIBUTION 10. Paragraphs 1 through 9 of this Complaint are incorporated herein by reference as though set forth in full. 11. Plaintiff and Defendant have acquired property, both real and personal, during their marriage from June 13, 1998, to July 17, 2005, the date of their separation, which property is "marital property". 12. Plaintiff and Defendant may have owned, prior to marriage, property which has increased in value during the marriage and/or which has been exchanged for other property, which has increased in value during the marriage, all of which property is "marital property" 13. Plaintiff and Defendant have been unable to agree as to an equitable division of said property prior to the filing of this Complaint. WHEREFORE, the Plaintiff requests This Honorable Court to equitably divide all marital property. COUNT III - ALIMONY PENDENTE LITE AND ALIMONY 14. Paragraphs 1 through 13 of this Complaint are incorporated herein by reference as though set forth in full. 15. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 16. Plaintiff requires reasonable support to maintain herself adequately in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of alimony pendente lite until final hearing and thereafter to enter an award for alimony. COUNT IV - COUNSEL FEES AND COSTS 17. Paragraphs 1 through 16 of this Complaint are incorporated herein by reference as though set forth in full. 18. Plaintiff has retained the law offices of ABOM & KUTULAKis, L.L.P., but is unable to pay the necessary and reasonable attorney's fees for said counsel. 19. Plaintiff may need to hire experts to appraise the marital property but she lacks funds to pay the necessary and reasonable fees. WHEREFORE, Plaintiff requests this Honorable Court to enter an award of interim counsel fees, costs and expenses and to order such additional sums hereafter as may be deemed necessary and appropriate, and at final hearing to award such additional counsel fees, costs and expenses as are deemed necessary and appropriate. Respectfully submitted, ABom & KuTuLAKis, L.L.P. DATE: SEPTEMBER 22, 2005 C Kara W. Haggerty(( ID No. 86914 36 South Hanover Street Carlisle, PA 17013 (717) 249-0900 Attorney for Plaintiff VERIFICATION I, SHERRI M. RITCHEY, verify that the statements made in this Divorce Complaint 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 V SHERRI M. RITCHEY U p -" r ?M ? t l C" T^ .^ Q F a SHERRI M. RITCHEY, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PA V. NO. 05-4997 CIVIL TERM JONATHAN G. RITCHEY, CIVIL ACTION - LAW Defendant IN DIVORCE ACCEPTANCE OF SERVICE AND NOW, this 'Z day of September, 2005, I, Andrew C. Sheely, Esquire, hereby certify that I did receive and accept service of the Custody Complaint in the above captioned matter on behalf of the Defendant, Jonathan G. Ritchey, and I further certify that I am authorized to do so. DATE '1?9 ? ?tI 2'065Respectfully submitted, Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 Attorney for Defendant C. ° G7 C: R? CD r? =n SHERRI M. RITCHEY, PLAINTIFF V. JONATHAN G. RITCHEY, To the Prothonotary: IN THE COURT OF COIGN PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 4997 CIVIL TERM IN DIVORCE PRAECIPE Plaintiff, Sherri M. Ritchey, hereby withdraws Count # II, Count # III and Count # IV of her complaint and wish that a divorce be granted under Section 3301(c) of the Divorce Code. There are no outstanding issues to be resolved in this divorce. -M,-. b. >?I? Thomas D. Gould ID # 36508 Attorney At Law 2 East Main Street Shiremanstown, PA 17011 (717) 731-1461 zc- N tt7 SHERRI M. RITCHEY, Plaintiff V. JONATHAN G. RITCHEY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4997 CIVIL TERM CIVIL ACTION - LAW DIVORCE ACCEPTANCE OF SERVICE I, Jonathan G. Ritchey, accept service of the Divorce Complaint in the above captioned matter. to )fs o r Dated: Jo n G. Ritchey Z 1 RGINIA AVENUE LISLE, PA 17013 DEFENDANT r•a Co (ZZ o SHERRI M. RITCHEY, PLAINTIFF V. JONANTHAN G. RITCHEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4997 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 22, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 7 SHERRI M. RITCHEY `?` ?? ? G 2? ? `? SHERRI M. RITCHEY, PLAINTIFF V. JONANTHAN G. RITCHEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4997 CIVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 22, 2005. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the 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 acknowledge that pursuant to Rule 1920.42(e) I have waived the requirement that I receive 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: J G. RITCHEY .,?+-1 ?hr Q' SHERRI M. RITCHEY, PLAINTIFF V. JONANTHAN G. RITCHEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMERIMM COUNTY, PENNSYLVANIA NO. 2005-4997 CIVIL TERM IN DIVORCE WAIVER OF NO TICE OF INTE NTION TO R EQUEST ENTRY OF A DIVO RCE DECREE UNDE R SECTION 33 01(c) O F TH E DIVORCE C ODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED: 713 v ?1vw M. SHERRI M. RITCHEY a ?a r C l ?? 3 m CD SHERRI M. RITCHEY, PLAINTIFF V. JONANTHAN G. RITCHEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, :PENNSYLVANIA NO. 2005-4997 CIVIL TERM IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final decree 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 subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DATED : ;L ?a C n Z r- w • SHERRI M. RITCHEY, PLAINTIFF V. JONATHAN G. RITCHEY, DEFENDANT IN THE COURT OF COLON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 4997 CIVIL IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the Court for the 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: October 18, 2005, by Acceptance of Service. 3. Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: By Plaintiff, July 3, 2008; By Defendant, July 7, 2008. 4. Related claims pending: None 5. Date Plaintiff' s Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on July 8, 2008. Date Defendant's Waiver of Notice in § 3301(c) divorce was filed with the Prothonotary on July 8, 2008. Thomas D. Gould, Esquire Attorney for Plaintiff R CIO IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHERRI M. RITCHEY, „ Plaintiff VERSUS JONATHAN G. RITCHEY, Defendant NO. 2005 - 4997 CIVIL DECREE IN DIVORCE AND NOW, IT IS ORDERED AND DECREED THAT SHERRI M. RITCHEY AND JONATHAN G. RITCHEY ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, , DEFENDANT, 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; NONE BY THE COURT: ATTEST: J ?J PROTHONOTARY k . •. SHERRI M. RITCHEY, PLAINTIFF V. JONATHAN G. RITCHEY, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005 - 4997 CIVIL TERM IN DIVORCE AFFIDAVIT OF INTENTION TO RESUME PRIOR SURNAME COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SHERRI MARIE RITCHEY, being duly sworn according to law, deposes and says that she is the Plaintiff in the above-captioned divorce action in which a final decree from the bonds of matrimony was entered on July 16, 2008 and she hereby elects to resume her prior surname of SHERRI MARIE MAINHART and, therefore, gives this written notice avowing said intention, in accordance with #704 of the Act of November 15, 1972, P.L. Sworn and subscribed to before me this 2l?hd day of , 2008 I ( ?Xbl z 0 1063, 54 PA.C.S. Section 704. V?? ?' ? mug ? l SHERRI MARIE RITCHEY To be known as 'kan' 1n/ CW i SHERRI MARIE MAINHART COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dawn M. Foose, Notary Public Silver Spring Twp., Cumberland County My Commission E)ires June 7, 2011 Member. 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