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Home My WebLink About02-4518 II RYANC. AVARITT, Plaintiff : IN TIffi COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No, O~- Ljq't vs. TINAM. AVARITT, Defendant : CIVIL ACTION -LAW : IN DIVORCE NOTICE TO nEFENIl 4. NIl CT.4. 1M RJ(~HTS 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 a~ 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 at the Cumberland County Courthouse, Carlisle, Pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DMSION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE TIffi 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 BEWW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LffiERTY AVENUE CARLISLE, P A 17013 (717) 249-3166 " RYANC, AVARITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs, : No. TINAM. AVARITT, Defendant OJ..-'js6 : CIVIL ACTION -LAW : IN DIVORCE COMPLAINT IN DIVORCE UNDER SECflONS 3301(a), 3301(c) or 3301(d) OF THF, OWORrF, rOOF, rOTTNT 1 _ OWORrF, The Plaintiff, Ryan C. Avaritt, by and through his attorneys, The Law Offices of Patrick F, Lauer, Jr., makes the following Complaint in Divorce: 1. The PlaintUI: Ryan C, Avaritt, is an adult individual who currently resides at 113 E. Cumberland Street, Enola, Cumberland County, Pennsylvania 17025, 2, The Defendant, Tina M. Avaritt, is an adult individual who currently resides at 208-A Ramsay Place, New Cumberland, Cumberland County, Pennsylvania 17070, 3. The Parties have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately prior to the filing of this Complaint. 4. The Plaintiff and the Defendant were married on August 27, 1989, in Little River, South Carolina, 5, There have been no prior actions of divorce or for annulment between the parties. 6, The marriage is irretrievably broken, 7. The Plaintiff has been advised that counseling is available and that the Plaintiff may have the right to request that the court require the parties to participate in counseling. 8, This action is not collusive. WHEREFORE, the Plaintiff requests this Honorable Court to enter a Decree of Divorce in this matter, rOTTNT IT - F,QJTIT A HT ,F, OTSTRmTmON 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto, 10. Plaintiff requests the Court to equitably divide, distribute, or assign the marital property II i between the parties without regard to marital misconduct in such proportion as the Court deems just after consideration of all relevant factors. WHEREFORE, the Plaintiff respectfully requests the Court to enter an order of equitable distribution of marital property pursuant to ~3502(a) of the Divorce Code. ("OTTNT ill _ rrrSTonv 11. Paragraphs one (1) through ten (10) are incorporated herein by reference as if set forth specifically below, 12. There are three (3) dependent children by this marriage as follows: Kayla D. Avaritt born December 4, 1990; Brandon M. Avaritt born July 12, 1997; and Jessica R Avaritt born July 12, 1997, 13, The Plaintiff seeks primary physical custody of the children born of this marriage as set forth in Paragraph Twelve (12). 14, The minor children are in the custody of both Plaintiff and Defendant. 15, The Mother of the children is the Defendant, currently residing at the above referenced address, Paragraph Two (2). 16, The Father of the children is the Plaintiff, currently residing at the above referenced address, Paragraph One (1), 17, During the past two years, the children have resided at the following address with the following persons: 208-A Ramsay Place New Cumberland, P A 17070 18, Plaintifl; father, currently resides with no one. Plaintiff & Defendant -present 19, Defendant, mother, currently resides with the three children. 20. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 21, Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. II , i 22. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 23, The best interests and welfare of the minor child will be served by granting the relief requested because: a, Plaintiff can provide the child with adequate moral, emotional, and physical surroundings as required to meet the child's needs; b. Plaintiff is willing to continue custody of the child. c, Plaintiff continues to exercise parental duties and enjoys the love and affection of the children. 24. Each parent whose parental rights to the child has not been terminated and the person who has physical custody of the child has been named as parties to this action. WHEREFORE, the Plaintiff respectfu1ly requests this Honorable Court grant the Plaintiff rights of majority physical custody and grant the Defendant rights of visitation. ('OTTNT TV _ AT .TMONV A NTl AT ,TMONV PF,NTlF,NTF. T .ITF, _ j 3702 25, All preceding and succeeding paragraphs are incorporated by reference. 26, The Plaintiff is the dependent spouse and Plaintiff lacks sufficient property to provide for his reasonable means and is unable to support himself completely through appropriate employment. 26, Plaintiff requires reasonable support to adequately maintain himself in accordance with the standard of living established during the marriage, WHEREFORE, the Plaintiff requests your Honorable Court to enter an order of reasonable alimony upon final hearing and permanently thereafter, 9-j&-2(JtJ2. Date: ~ - ~ ,Markley, Esquire 2108 Market Street, Aztec Building Camp Hill, Pennsylvania 17011-4706 ID# 84745 Tel. (717) 763-1800 ---. 'I RYANC, AVARITT, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. : No, TINA M. A V ARITT, Defendant : CIVIL ACTION -LAW : IN DIVORCE VERTFTC' A TION I verifY that the statements made in this 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, Q,- 1&-2 0 (J]_ Date: I Signature: ~ ~ ~ ~ ~ \ n ~ ~ s: r;:"" (") j..; ~ "- :, ~ :0 , V) V) ~ -11 "'; ':!1 .1] , ~ - ~ \) '>() ~ \;;: "J ~ r-. '^i ~ .. \..IJ ....... l:: '<\ r '" ~ ~~ '"' .. 0, " ~ ~ -, 1- ," -< I,:;' ~~ : --- - , ~ $ ~ r- """ " .'<> -" <;: ~ ~ ~ -....l '-<J \.1', RYAN C. AVARITT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4518 TINA M. AVARITT, Defendant CIVIL ACTION - DIVORCE ACCEPTANCE OF SERVICE I accept service of the Divorce Complaint in the above-captioned matter on behalf of the Defendant and hereby certify that I am authorized to do so. 9~J,t;11J V DA E ( · ,,-,-1 J-..~ <- Qv Q/LJ>t- i (") s; ."',," ;:R ~'::F ~:S~:;' -~, "': ~'C: ~~~~: '-r>c'. 'z ::;! r..> = = ..... c.n ['Tl -0 ..., !;f\ ~:!3 ~~ ::..:;i~i 0::0 5~ -'-' ~ ""'\') ::r.: w .. (...) .....J RYAN C. AVARITT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4518 TINA AVARITT, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301(c) on September 19,2002 and served upon the Defendant by Acceptance of Service executed by Defendant. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree, I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,CS. Section 4904 relating to unsworn falsification to authorities 9/)9/0(' Date \ (lQ ~~ ()JJQ/ve4 () c Z -,,)::_:'. rp~': ::,:,!.,.; : 6;~;"- -< ~ s: ;~~ f) )>c2 , ::4 -< ....., = = <:on U') ,.., " o -n ~::!J :B8 06 '--1 :I:-ri. /,-..;1'1 --'0 5m ~ -<; 1.0 -0 :x <:? w ...... RYAN C. AVARITT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4518 TINA AVARITT, Defendant CIVIL ACTION - DIVORCE 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 in 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 is filed with the Prothonotary , I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 PaC.S. Section 4904 relating to unsworn falsification to authorities. ~~/o( te ~iur~ Oun~~ 0 ......, c::: = 0 = 7."" C'.rJ -" ~~I~D OJ Z:;o !:ti :',;S; CfJ - _/ \0 ?}~ r= ,~~C) '" :r!.., I ~2.~~ ~ 9-Cl S> b~ ,~ c..:> ~ -.J ..... RYAN C. AVARITT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 02-4518 TINA AVARITT, Defendant CIVIL ACTION - DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce was filed under Section 3301(c) on September 19,2002 and served upon the Defendant by Acceptance of Service executed by Defendant. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the Complaint. 3. I consent to the entry of a final Decree in Divorce after service of notice of intention to request entry of the decree, I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa,C.S. Section 4904 relating to unsworn falsification to authorities. fj'ilU ~- ;<0 --o~ ate .....' "'" ';J. q, ':.,., Q. :=t...-r.. fn~ --Co -oJ, ~ /'~1~\ ."); :4 t?- v:> CP RYAN C. A V ARITT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4518 TINA AVARITT, Defendant CIVIL ACTION - DIVORCE 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 in 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 is filed with the Prothonotary . I verify that the statements made herein are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.CS, Section 4904 relating to unsworn falsification to authorities, f(- JO -- Q;S- Date o ~: ....> = ~ C) (-) -\ ~ :r.." rl1p -ail: ~1)9 '--?C) - ~-: :-+i ~:';: (''5 -:':,rl1 S '",. "0 '< I W "'" :::::.. '-2 w CD Q ~ iJk. (' 0 v U,Nv1fk vs Case No, &J~,' Y5J S TilLfJ Di/wVt,.ifb Statement of Intention to Proceed To the Court: Print Name ~ill~ s~~:~ID~I;~'~tiO"Mm". Attorney for J IIJ)./JuftJ Explanatory Comment Date: The Supreme Court of Pennsylvania has promulgated new Rule of Civil Procedure 230.2 governing the tennination of inactive cases and amended Rule of Judicial Administration 1901. Two aspects of the recommendation merit comment. 1. Rule of civil Procedure New Rule of Civil Procedure 230.2 has been promulgated to govern the tennination of inactive cases within the scope of the Pennsylvania Rules of Civil Procedure. The tennination of these cases for inactivity was previously governed by Rule of Judicial Administration 190 I and local rules promulgated pursuant to it. New Rule 230.2 is tailored to the needs of civil actions. It provides a complete procedure and a uniform statewide practice, preempting local rules. This rule was promulgated in response to the decision of the Supreme Court in Shop v. Eagle, 551 Pa. 360,710 A.2d 1104 (1998) in which the court held that "prejudice to the defendant as a result of delay in prosecution is required before a case may be dismissed pursuant to local rules implementing Rule of Judicial Administration 1901." Rule of Judicial Administration 1901(b) has been amended to accommodate the new rule of civil procedure. The general policy of the prompt disposition of matters set forth in subdivision (a) of that rule continues to be applicable. II Inactive Cases The purpose of Rule 230.2 is to eliminate inactive cases from the judicial system. The process is initiated by the court. After giving notice of intent to terminate an action for inactivity, the course of the procedure is with the parties. If the parties do not wish to pursue the case, they will take no action and "the Prothonotary shall enter an order as of course tenninating the matter with prejudice for failure to prosecute." If a party wishes to pursue the matter, he or she will file a notice of intention to proceed and the action shall continue. a. Where the action has been terminated If the action is terminated when a party believes that it should not have been terminated, that party may proceed under Rule230(d) for relief from the order of termination. An example of such an occurrence might be the termination of a viable action when the aggrieved party did not receive the notice of intent to terminate and thus did not timely file the notice of intention to proceed. The timing of the filing of the petition to reinstate the action is important. If the petition is filed within thirty days of the entry of the order of termination on the docket, subdivision (d)(2) provides that the court must grant the petition and reinstate the action. If the petition is filed later than the thirty-day period, subdivision (d)(3) requires that the plaintiff must make a show in to the court that the petition was promptly filed and that there is a reasonable explanation or legitimate excuse both for the failure to file the notice of intention to proceed prior to the entty of the order of termination on the docket and for the failure to file the petition within the thirty-day period under subdivision (d)(2). B. Where the action has not been terminated An action which has not been terminated but which continues upon the filing of a notice of intention to proceed may have been the subject of inordinate delay. In such an instance, the aggrieved party may pursue the remedy of a common law non pros which exits independently of termination under Rule 230.2. (') c- '- \,,5 ....' C':"? ,;.::) 1.;,.;1 C) -.,.} :::! :'~ii:I: C) P~) CJ -7) .......) RYAN C. AVARITT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4518 TINA A V ARITT, Defendant CIVIL ACTION - DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for 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: By acceptance of service excuted by Defendant on September 20, 2002. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff on September 20, 2005; and by Defendant on September 19, 2005. 4. Related claims pending: None. 5. Date Plaintiffs Waiver of Notice ill 3301(c) Divorce was filed with the Prothonotary: October 3, 2005, .. Date Defendant's Waiver of Notice In 3301(c) Divorce was filed with the Prothonotary: September 19,2005, LAW OFFICES OF GARY L. KELLEY Date: mlJO/or f ( t--, ...') -',-1 :-::1 \_- [.'"j RYAN C. AVARITT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4518 TINA A V ARITT, Defendant CIVIL ACTION - DIVORCE PRAECIPE FOR WITHDRAWAL OF COUNTS TO THE PROTHONOTARY: Kindly withdraw all counts in the above matter for equitable distribution, alimony, and alimony pendente lite, LAW OFFICES OF GARY L. KELLEY Date: 'urol iY( I / , L_ r-- t..'..- (. ''''J ('-.,~ '~--) C-.J ~, { ... .._~:J ,--..1 RYAN C. AVARITT, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 02-4518 TINA A V ARITT, Defendant CIVIL ACTION - DIVORCE CERTIFICATE OF SERVICE I, GARY L. KELLEY, Esquire, attorney for Defendant in the above-captioned matter, do hereby certify that Defendant was served a true and correct copy of the Divorce Complaint in the above matter by an Acceptance of Service executed and signed by the Defendant on September 20, 2002. \. ~ By: .J'--Jl' GARY . K LLEY, Es I.D, #468 . 1119 Front Street Harrisburg, P A 17102 (717) 238-1484 Attorney for Defendant ..., c: -'0 : \~ Y tUL t A V' CI/lvv1f In the Court of Common Pleas of Cumberland County, Pennsylvania V5. No. C; J- ' i.f'S ( B Civil. 19 /1 /l it (jjJ{<J'V./rt IUU\!lI uJi,~ 'Cl CW'fiVlkrctL III [Ill. ol'tJoL i4-tLt!J;j ~'Q .DAdiJ!Jd.ant To Prothonotary ~~(}iU~ ...., (A orney for Plaintiff 'J\ :'1, c~? (, '.i'LL .> I No. Tenn, 19 _ VS. PRAECIPE Filed 19 , Atty. Of'I':+ 'f:+ . . . . + + + + + + . + + + + . + + + . + + + . + + + + + + + + + + + + + + + + + + + + + % + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + + +:+ + Of:+ +'~:+:+:+~'f. '+' :+.;+;;t:+: :+. :+::+. 'f.:+ :+:+ :+:+' +'~:f.:f.'tO + +:+''f.:+'+++'I':+.:+. + 'f. :f.:+: +.:f.'+' 'f. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN1Y STATE OF PENNA. RYAN C. AVARITT No. 02-4518 VERSUS TINA A"ARITT DECREE IN DIVORCE AND NOW, ~~ --- ~_. IT IS ORDERED AND DECREED THAT Ryan C. Avaritt , PLAINTIFF, AND Tina Avaritt , DEFENDANT, 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 THE COURT: h;:'/'/ _\ '1/\ ATTEST: ~ t9f PROTHONOTARY " .,. .- .. +.:+:+'f. '+ '+'f'+'+''f'f.:+: 'f.'f. 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