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HomeMy WebLinkAbout99-02486 ~ .~ - . . .~ ... <:.J ~ ;r... C"4 , .... 0.. "- " I >- {,~~ ('''; I -- , I':: ~-~ ~~ L' I ~....: 1 - " '. ;\ , '. , '. .- " G__ J r~;<. ~ ,~) , , , . I ~" \.,.1' ~, ._.1, r." ,- l1::' J ('- ! ..L_ i-~ ":J.. ~ , 1.1, n'" ':5 G '" 0 Linda E. Abbey, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN DIVORCE AND CUSTODY . I.R ; NO. 99)L!8' CIVIL TERM Marc A. Abbey, Defendant 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 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 2 Liberty A venue Carlisle, PA 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 infonnation 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. 7. The marriage is irretrievably broken, 8. Plaintiff avers that defendant, in violation of his marriage vows under the laws of the Commonwealth of Pennsylvania, has offered such indignities to the person of the plaintiff, his injured and innocent spouse, as to render the condition of the plaintiff intolerable and her life burdensome. 9. 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 in divorce dissolving the marriage. COUNT II. .cUSTODY 10. Plaintiff repeats and realleges previous paragraphs of this complaint. II. Plaintiff seeks custody of the following child: Name Present Address Age Amanda L. Abbey 145 Lincoln St., Apt. 5, Carlisle, PA 3-7-88 The child is presently in the custody of Linda E. Abbcy, who resides at 145 Lincoln St., Apt. 5, Carlisle, Pennsylvania. During the past five years, the child has resided with the following persons and at the following addresses: Persons Addresses Dates Plaintiff 145 Lincoln St.,Apt. 5, Carlisle, PA Nov. 98. Present Defendant 33 Prospect Rd., Carlisle. PA Jan. 98 - Nov. 98 Plaintiff & Defendant . Mar. 88 - Jan. 98 The mother of the child is plaintiff Linda E. Abbey, currently residing at 145 Lincoln St. ,Apt. 5, Carlisle, Pennsylvania, She is currently married to the defendant. The father of the child is defendant Marc A. Abbey, currently residing at 33 Prospect Rd., Carlisle, Pennsylvania. He is currently married to the plaintiff. 12. The relationship of the plaintiff to the child is that of mother, The plaintiff currently resides with Amanda L. Abbey. 13. The relationship of defendant to the child is that of father. The defendant currently resides with an unknown live-in girlfriend. 14. The plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 15. The best interest and permanent welfare of the children will be served by granting the relief requested because plaintiff has been primary caretaker of the child for the majority of the child's life. She is better ahle to provide the child with a home with adequate moral, emotional and physical surroundings as required to meet the child's needs. 16. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the child have been named as parties to this action. , WHEREFORE, plaintiff requests the court to grant her custody of Amanda L. Abbey. ~/c) Brian P. Raney Certified Legal Inte ? THOMAS M. P C ROBERT E. RAINS Supervising Attorney DONALD MARRITZ Staff Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 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, infonnation 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: 'I- 5- 9~ ~~b~y ~ >- '. j [-. ('; " , , ,'r: I , .,"..; ! , , i " r.) :') , , C',,' , ( , I ,,1. I ,~ .,~ I (T\ :) C) t: ", (-.J Linda E. Abbey, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW Marc A. Abbey, Defendant NO. 99- d.481o CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To the Prothonotary: Kindly allow Linda E. Abbey, Plaintiff, to proceed in forma pauperis. I, Brian P. Raney, of the Family Law Clinic, Certified Legal Intern for the party proceeding in forma pauperis, certify that I believe the party is unable to pay the costs and that I am providing free legal service to the party. The party's affidavit showing inability to pay the costs of litigation is attached hereto. Date: L.\--S-Q'1 THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 '"'-""': .....-.... < , >- ~ ~ ~ z o ~ ~fi ~o~.,.- ~ [3 ~t !35.: ';' ~~ U:~1 ~. ffi~ 15g:a r f.a 1 z IUYLI~ \" Linda E. Abbey, Plaintiff v. : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : IN CUSTODY Marc A. Abbey, Defendant : NO. 99-2486 CIVIL TERM ORDER OF COURT AND NOW, this \ "I day of February, 2000, upon consideration of the allached complaint, it is hereby directed that the parties and their respective counsel appear before, ~S "~"i\&1\5;1." the conciliator, at 3"1 W, \..-q'f) ~l \1C'cl--miCi\:u:;, (A , on the d'5" day of A9 (\ \ , 2000, at 1'.1)J o'clock t> .m., for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the child who is the subject of this custody action to the conference, but the child's allendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT: By: ~ YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER 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 2 Liberty A venue Carlisle, I' A 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 infomlation about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made alleast 72 hours prior to any hearing or business before the court. You must anend the scheduled conference or hearing, :T"; ~:;~ ;',:: Ii: '"f:. c.,,>..' :'",.'..".1 ,;)'r;/~ .10 bel c~ ~b -;t r;:;t.x ~"O)'6 .w 7'~?~.Of';~ ~ ~- ~.c)~'OO ~ ~/ Z, ~~~ C) " , I -- ( : : ; ,--- " : I I ... I , C) , .. , ~~. ..... ..... , .::, ... j",.. , c: ; ( ! , ( , i I .. -- I n I .. ,....) '" ."... ...... ...."