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'i IN THE COURT OF COMMON PLEAS
a
OF CUMBERLAND COUNTY
STATE OF F, PENNA.
JAMES TWIGG
1 4402 CIVIL 1999
...... ....... PLAINTIFF N()......................... ................. 19
Versus
TRACEY TWIGG
DEFENDANT
DECREE IN
{{-- DI VORCE
AND NOW, Z:F .... 1917 ... it is ordered and
decreed that . . . . . . . . . . . . JAMES ..
. TWIGG . plaintiff,
..........
and ...................... TRACEY TWIGG
.............
defendant,
are divorced from the bonds of matrimony.
411
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
..................................................... .
...........................................................................
n By The Co r
f Attest: J. 1
• Y? Prothonotary r
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JAMES TWIGG,
Plaintiff
V.
TRACEY TWIGG,
Defendant
To the Prothonotary:
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
NO. 99-4402 CIVIL TERM
PRAECIPE TO TRANSMIT RECORD
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(d) of the Divorce
Code.
2. Date and manner of service of the complaint: Complaint served by U.S. mail,
certified, restricted delivery, return receipt requested on Tracey Twigg at 655 Mountain Street;
Summerdale, Pennsylvania 17093 on July 24, 1999, as evidenced by the Certificate of Service
filed on July 29, 1999.
3. Date of execution of the affidavit required by Section 3301(d) of the Divorce
Code: July 21, 1999.
4. Date of filing and service of the plaintiff's affidavit upon the respondent:
Plaintiff's affidavit was filed on July 21, 1999. Plaintiffs affidavit was served upon the
respondent on July 24, 1999 by U.S. mail, certified, restricted delivery, return receipt requested
at 655 Mountain Street; Summerdale, Pennsylvania 17093, as evidenced by the Certificate of
Service filed on July 29, 1999.
5. Related claims pending: None. Custody was resolved by agreement entered as an
Order of Court on September 23, 1999.
6. Date and manner of service of the notice of intention to file Praecipe to Transmit
Record, a copy of which is attached: The Notice was served on August 18, 1999, by that date
placing the same in the U.S. Mail, postage prepaid, sent to the Plaintiff at 653 Mountain Street,
Enola, Pennsylvania, 17025.
Judson B. Perry
Certified Legal Intern
ROBERT E. INS
THOMAS M. PLACE
Supervising Attorney
DONALD M. MARRITZ
Staff Attorney
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
Date L - V- ( 9
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P \ `w'i1Vi1 Vi;1 'R'TY
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JAMES TWIGG, IN THE COURT OF COMMON PLEAS OF
Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
TRACEY TWIGG,
Defendant NO. 99-4402 CIVIL TERM
NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE
TO: TRACEY TWIGG
You have been sued in an action for divorce. You have failed to answer the complaint or
file a cwunterafftdavit to the plaintiff's affidavit. Therefore, on or after September 13, 1999, the
plaintiff 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 counteraffidavit by the above date, the court can enter a final decree in
divorce. 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.
A COUNTERAFFIDAVIT WHICH YOU MAY FILE WITH THE PROTHONOTARY
OF THE COURT IS ATTACHED TO THIS NOTICE.
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 Avenue
Carlisle, Pennsylvania 17013
(717) 249-3166
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JAMES TWIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
TRACEY TWIGG,
Defendant : NO. 99- `/`1 c'-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,
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 Avenue
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.
JAMES TWIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
TRACEY TWIGG,
Defendant :NO. 99- yNoZ CIVIL TERM
t nMpi.AINT
The plaintiff, James Twigg, by his attorneys, the Family Law Clinic, sets forth the
following causes of action:
COUNT I.
DIVORCE UNDER 23 Pa.C.S. SECTIONS 3301(c) and 3301(d)
1. Plaintiff is James Twigg, who currently resides at Hanover Manor, Apartment
E305; Carlisle, Cumberland County, Pennsylvania 17013.
2. Defendant is Tracey Twigg, who currently resides at 655 Mountain Street;
Summerdale, Cumberland County, Pennsylvania 17093.
3. Plaintiff has been a bona fide resident of Cumberland County and the
Commonwealth for at least six months immediately previous to the filing of this Complaint.
4. Plaintiff and defendant were married on November 12, 1994 in Mechanicsburg,
Cumberland County, Pennsylvania.
5. Plaintiff and defendant have lived separate and apart since November 1, 1995.
6. There have been no prior actions of 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 or defendant
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 dissolving the
marriage.
COUNT II.
PARTIAL CUSTODY
9. Plaintiff repeats and realleges paragraphs one through eight.
10. Plaintiff seeks partial custody of the following child:
Name Present Address Date of Birth
Coral Lee Twigg 655 Mountain Street June 16, 1994
Summerdale, PA 17093
The child is presently in the custody of Tracey Twigg, who resides at 655 Mountain
Street; Summerdale, Cumberland County, Pennsylvania 17093.
During the past five years, the child has resided with the following persons and at
the following addresses:
Persons
Tracey Twigg and
Tara Johnson (half-
sibling)
Tracey Twigg,
Sandy Sheaffer
(Maternal Grandmother),
and Tara Johnson (half-
sibling)
Tracey Twigg, James
Twigg, and Tara
Johnson (half-sibling)
Addresses Dates
655 Mountain Road Spring 1999 -
Summerdale, PA 17093 Present
655 Mountain Road November 1995 -
Summerdale, PA 17093 Spring 1999
6961 Wertzville Road, Apt. 4 June 1994 -
Enola, PA 17025 November 1995
11. The relationship of the plaintiff to the child is that of father. He currently resides
with the following persons:
Name Relationship
Al Barrick Roommate
12. The relationship of the defendant to the child is that of mother. She currently
resides with the following persons:
Name Relationship
Tara Johnson Daughter
13. 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.
Plaintiff has no information of a custody proceeding concerning the child pending in
a court of this Commonwealth.
Plaintiff does not know of a person not a party to the proceeding who has physical
custody of the child or claims to have custody or visitation rights with respect to the child.
14. The best interest and permanent welfare of the child will be served by granting the
relief requested because plaintiff desires to maintain a relationship with the child.
15. Each parent whose parental rights to the child 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 him partial custody of the child.
Date a t 9 9
Judson B. Perry
Certified Legal Intern
THOMA M. PLACE
ROBERT E. RAINS
Supervising Attorney
DONALD MARRITZ
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
VERIFICATION
I verify that the statements made in this Divorce and Custody Complaint are true and
correct to the best of my personal knowledge and belief. 1 understand that false statements
herein are made subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn
falsification to authorities.
Date ;7
lames Twigg
Plaintiff
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JAMES TWIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
TRACEY TWIGG,
Defendant : NO. 99- V Vo.z- CIVIL TERM
PRAECIPE TO PROCEED IN
FORMA PAUPERIS
To the Prothonotary:
Kindly allow James Twigg, Plaintiff, to proceed in forma pauperis.
The undersigned counsel for the party proceeding in forma pauperis certify that they
believe the party is unable to pay the costs and that they are providing free legal service to the
party. The party's affidavit showing inability to pay the costs of litigation is attached hereto.
Judson B. Perry
Certified Legal Intern
ROBERT E. RAINS
THOMAS M. PLACE
Supervising Attorney
DONALD MARRITZ
Staff Attorney
THE FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
JAMES TWIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
TRACEY TWIGG,
Defendant : NO. 99- ?voL CIVIL TERM
AFFIDAVIT SUPPORTING PRAECIPE FOR LEAVE
TO PROCEED IN FORMA PAUPERIS
1. I am the Plaintiff in the above matter and because of my financial condition am
unable to pay the fees and costs of prosecuting or defending the action or proceeding.
2. I am unable to obtain funds from anyone, including my family and associates, to
pay the costs of litigation.
3. I represent that the information below relating to my ability to pay the fees and
costs is true and correct.
(a) Name: James Twigg
Address: Hanover Manor, Apartment E305; Carlisle, PA 17013
Social Security No.: 194-44-9862
(b) Employment
If you are presently employed, state
Employer: N/A
Address: N/A
Salary or wages per month: N/A
Type of work: N/A
If you are presently unemployed, state
Date of last employment: December of 1998
Salary or wages per month: $30/month
Type of work: Laborer
(c) Other income within the past twelve months
Business or profession: $0
Other self-employment: $0
Interest: $0
Dividends: $0
Pension and annuities: $0
Social security benefits: $0
Support payments: $0
Disability payments: SSI - $624.00/month
Unemployment compensation and supplemental benefits: $0
Workman's compensation: $0
Public Assistance: $0
Other: None
(d) Other contributions to household support
Name: None
If your (wife)(husband) is employed, state
Employer: N/A
Salary or wages per month: N/A
Type of work: N/A
Contributions from children: N/A
Contributions from parents: N/A
Other contributions: N/A
(e) Property owned
Cash: $0
Checking account: $70
Savings account: $0
Certificates of deposit: $0
Real estate (including home): $0
Motor vehicle: None
Cost, Amount Owed: N/A
Stocks; bonds: $0
Other: None
(f) Debts and obligations
Mortgage: N/A
Rent: $200/month
Loans: $0
Other: Phone - $15.00/month; Cable - $33.00/month; Child Support Payment -
$30.00/month; Medical Expenses - $5.00/month; Food - $130.00/month;
Clothing/Grooming/Personal Care - $61.00/month; Miscellaneous -
$80.00/month; Debt to Phone Company Currently Not in Repayment - $300.00
Persons dependent upon you for support
Name: None
Children, if any: N/A
Name: Age:
Other persons:
Name: None
Relationship: N/A
I understand that I have a continuing obligation to inform the court of
improvement in my financial circumstances which would permit me to pay the costs incurred
herein.
5. 1 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. n
Date 2? Tsi7 v ?
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JAMES TWIGG,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
V.
TRACEY TWIGG,
Defendant
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
NO. 99- 49oL CIVIL TERM
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
1. The parties to this action are separated 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 / .2//
Tames Twigg
Plaintiff
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JAMES TWICG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
TRACEY TWIGG,
Defendant : NO. 99-4402 CIVIL TERM
CERTIFICATE OF SERVICE
I hereby certify that I have served a true and correct copy of the Divorce and Custody
Complaint and Plaintiff's Affidavit on Tracey Twigg, at 655 Mountain Street; Summerdale,
Cumberland County, Pennsylvania 17093 by U.S. mail, certified, restricted delivery, return
receipt requested, postage prepaid; and by first class U.S. mail, postage prepaid. Service was
complete upon receipt by Tracey Twigg on the 0) U T64 day of of y 1999 as
evidenced by her signature on the attached green card.
Tedsotf& Perry
Certified Legal Intern
Z 332 848 871
US Postal Service
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45 North Pitt Street
Carlisle, Pennsylvania 17013
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JAMES TWIGG,
Plaintiff
V.
TRACEY TWIGG,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
NO. 99-4402 CIVIL TERM
CERTIFICATE OF SERVICE
I, hereby certify that I have served a true and correct copy of the Praecipe to Transmit
Record and Vital Statistics form on Tracey Twigg at 653 Mountain Street; Enola, Cumberland
County, Pennsylvania 17025 by this date placing the same in the U.S. mail, first class, postage
prepaid, addressed as above.
Date -.? 7-?
Judson B. Perry
Certified Legal Intern
FAMILY LAW CLINIC
45 North Pitt Street
Carlisle, Pennsylvania 17013
(717) 243-2968
Fax: (717) 243-3639
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SEP 2 2 199
JAMES TWIGG, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
TRACEY TWIGG,
Defendant : NO. 99-4402 CIVIL TERM
CUSTODY AGREEMENT
The parents, James Twigg (Father) and Tracey Twigg (Mother), enter the following
agreement with regard to custody of their minor child, Coral Lee Twigg:
1. On July 21, 1999, Father filed a complaint in divorce and custody in this case,
the allegations of which are incorporated herein by reference.
2. The parties are the natural parents of a minor child, Coral Lee Twigg, who was
born on June 16, 1994.
3. The parties shall share legal custody.
4. Mother shall have primary physical custody of the child.
5. Father shall have partial physical custody of the child for purposes of visitation
as the parties shall from time to time mutually agree upon and arrange.
6. The parents may agree to make temporary changes to this written agreement;
however, in the event that they can no longer agree about temporary changes, this written
agreement will again control.
7. As evidenced by their signatures below, the parties do hereby intend to be
bound by the terms of this Agreement, and this Agreement shall become an order of the Court.
ate James Twigg, Father
Da e 7
Judson B. Perry, ertifi Legal Intern
for James Twigrg?, Father
P.?9 S9 ???I U'
Date Donald Marritz, Super ismg Attorney
for James Twigg, Father
Date Tracey w199, rer
ORDER
E,
AND NOW, this a day of r 1999, the above agreement is
entered as an order of Court.
By the Court,
,J.
99 Sr P 7_ a All IU: 21
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