HomeMy WebLinkAbout05-6751
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TAMMY JANE RUDY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
MARSHALL PERRY PRITT,
Defendant
: NO. 05- (,7SI
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,
LA WYER'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 LA WYER 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 MAYBE ABLE
TO PROVIDE 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, Pennsylvania 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 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.
.
TAMMY JANE RUDY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
MARSHALL PERRY PRITT,
Defendant
: NO. 05- f.., 75'1
CIVIL TERM
DIVORCE COMPLAINT
The plaintiff, Tammy Rudy, by her attorneys, the Family Law Clinic, sets forth the
following cause of action in divorce:
DIVORCE UNDER 23 Pa.C.S. ~!mOl(c) AND 3301(d) OF THE DIVORCE CODE
I. Plaintiff is Tammy Rudy, who currently resides at 21 North Hanover Street, Apartment 5,
Carlisle, PA 17013, Cumberland County, PA, 17013 since June 2005.
2. Defendant is Marshall Pritt who currently resides at 783 Fishing Creek Road, New
Cumberland, Dauphin County, P A 17070.
3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months
immediately previous to the filing of this complaint.
4. Plaintiff and Defendant were married on August 28, 200 I at Carlisle, Cumberland
County, Pennsylvania.
5. Plaintiff and Defendant have lived separate and apart since September 2003.
6. There have been no prior actions for 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.
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Thomas M. Place C//
Anne MacDonald-Fox
Lucy Johnston-Walsh
Supervising Attorney
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
(717)243-2968
.
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~
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Plainti~
TAMMY JANER
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TAMMY JANE RUDY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
: NO. 05-(,151 CIVIL TERM
MARSHALL PERRY PRITT,
Defendant
NOTICE TO DEFENDANT
If you wish to deny any of the allegations set forth in this affidavit, you must file a
counteraffidavit within twenty days after this affidavit has been served on you or the statements
.
will be admitted.
PLAINTIFF'S AFFIDAVIT UNDER SECTION 3301(d) OF THE DIVORCE CODE
I. The parties to this action separated September 2003, and have continued to live separate and
apart for a period of at least two years.
2. The marriage is irretrievably broken.
3. 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.
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 I;) ~ ;.),~l-O 6
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TAMMY JANE RUDY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
MARSHALL PERRY PRITT,
Defendant
: NO. 05-
CIVIL TERM
PRAECIPE TO PROCEED IN FORMA PAUPERIS
TO THE PROTHONOTARY:
Kindly allow Tammy Jane Rudy, 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.
D t ';2 - d 7 - 65
ae.
Respectfully submitted,
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Valerie c n
Certified Legal Intern
C4,~- ~
ROBE . RAINS ( .
THOMAS M. PLACE ~
ANNE MACDONALD-FOX
LUCY JOHNSTON-WALSH
Supervising Attorneys
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, P A 17013
717-243-2968
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TAMMY JANE RUDY,
Plaintiff
v.
MARSHALL PERRY PRITT,
Defendant
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY,PENNSYL VANIA
: CIVIL ACTION - LAW
: IN DIVORCE
: NO. 05- 6751
CIVIL TERM
CERTIFICATE OF SERVICE
I, Valerie J. Jackson, hereby certify that I served a true and correct copy of the Complaint
for Divorce on Marshal1 Pritt, at 783 Fishing Creek Road, New Cumberland, Pa, 17070, by
depositing a copy of the same in the United States mail, certified, restricted delivery, return
receipt requested on December 28, 2005. Service was complete upon receipt by Marshal1 Pritt
on December 31, 2005, as evidenced by the attached green card, tracking number: 7005 0390
0003 2632 6307.
//'1/tJf;.
Date
I. . ..
.
. Complete items 1, 2, and 3. Also complete
item 4 if Restricted Delivery is desired.
. Print your name and address on the reverse
so that we can return the card to you.
. Attach this card to the back of the mailpiece.
or on the front if space permits.
1. Article Addressed: to:
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Vale' J. ckson
Certified Legal Intern
F AMIL Y LAW CLINIC
45 North Pitt Street
Carlisle, PA 17013
717-243-2968
COMPLETE TtHv ]ECT/ON ON DEUVERY
o Agent
o Addressee
C. Date of Delivery
3. Se~ Type ..9 -
M" Certffied Mail 0 ~
o Registered 0 Retum Aeceipt for Merchnndlse
[] Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee) es
PS Form 3811 , February 2004
7005 0390 0003 2632 6307
Domestic Return Receipt
102595-02-M-1540
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TAMMY RUDY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL VANIA
v.
: CIVIL ACTION- LAW
: IN DIVORCE AND CUSTODY
MARSHALL PRITT,
Defendant
: No. 05-6751 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
To the Prothonotary:
Please transmit the record, together with the following information, to the court for entry
of a divorce decree:
I. Ground for divorce: irretrievable breakdown under Section 330 I (d) of the Divorce
Code.
2. Date and manner of service of the complaint: December 31, 2005 by U.S. mail,
certified, restricted delivery, return receipt requested, postage prepaid.
3. Date of execution of the Plaintiff's Affidavit required by ~ 3301(d) of the Divorce
Code: December 27,2005; Date of service of the Plaintiff's Affidavit upon the
Defendant: December 31, 2005. Date of Execution of Defendant's Counter-Affidavit
consenting to the divorce and relinquishing any economic claims as required by ~
3301(d) of the Divorce Code: February 7, 2006.
4. Related claims pending: none.
5. Date and manner of service of the notice of intention to file praecipe to transmit
record, a copy of which is attached: United States mail, first class, postage prepaid on
January 26, 2006.
~7 -.;7/ - c f&
Date
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fi:UIL~ /~d'U"7L//
Valerie Jac son
;;;;;;Z~
William G. Martin, Esq.
Supervising Attorney
F AMIL Y LAW CLINIC
45 N. Pitt Street
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Carlisle, P A 17013
717-243-2968
Fax: 717-243-3639
Attorneys for Plaintiff
TAMMY JANE RUDY,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY, PENNSYLVANIA
v.
MARSHALL PERRY PRITT,
Defendant
: CIVIL ACTION - LAW
: DIVORCE
: NO: 05-6751 CIVIL TERM
NOTICE OF INTENTION TO REQUEST ENTRY OF ~ 3301(d) DIVORCE DECREE
TO: DEFENDANT
You have been sued in an action for divorce. You have failed to answer the complaint or
file a counter-affidavit to the ~ 3301(d) affidavit. Therefore, on or after February 15,2006, the
other party can request the court to enter a final decree in divorce.
If you do not file with the prothonotary of the court an answer with your signature
notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in
divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to
this notice.
Unless you have already filed with the court a written claim for economic relief, you
must do so by the above date or the court may grant the divorce and you will lose forever the
right to ask for economic relief. The filing of the form counter-affidavit alone does not protect
your economic claims.
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.
IF YOU CANNOT AFFORD A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE 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
(717) 249-3166
AMERICANS WI'I'H DISABILITIES-ACT OF 1990
The Court 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.
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TAMMY JANE RUDY,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: CIVIL ACTION - LAW
: IN DIVORCE
MARSHALL PERRY PRITT,
Defendant
1.
(/
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2.
(~
()
: NO. 05-6751 CIVIL TERM
DEFENDANT'S COUNTER-AFFIDAVIT UNDER ~3301(d)
OF THE DIVORCE CODE
Check either (a) or (b):
(a) I do not oppose the entry of a divorce decree.
(b) I oppose the entry of a divorce decree because (Check (i), (ii) or both):
()
(i) The parties to this action have not lived separate and apart for a period of at least
two years.
()
(ii) The marriage is not irretrievably broken.
Check either (a) or (b):
(a) I do not wish to make any claims for economic relief. 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.
(b) 1 wish to claim economic relief which may include alimony, division of property,
lawyer's fees or expenses or other important rights.
I understand that in addition to checking (b) above, I must also file all of my economic
claims with the prothonotary in writing and serve them on the other party. If I fail to do so
before the date set forth on the Notice of Intention to Request Divorce Decree, the divorce
decree may be entered without further delay.
. -.
I verify that the statements made in this counter-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 a/VoL
I
iJ /216
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IN THE COURT OF COMMON
PLEAS
OFCUMBERLANDCOUNTY
STATE OF
PENNA.
TAMMY RUDY,
No.
Plaintiff
6751
;:>oo~
VERSUS
MARSHALL
PRT'T"r.
Dpfpnnrint
DECREE IN
DIVORCE
AND NOW,
F e... \H.....n..r-'{
, ),tl()lD, IT IS ORDERED AND
1.1..
DECREED THAT
'PAMMY RfTnV
, PLAINTIFF,
AND
MARSHALL
, DEFENDANT,
PRITT
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
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,C~T:W
ATTEST:
PROTHONOTARY
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