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HomeMy WebLinkAbout07-7288E0 Patricia Abitz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Gary Abitz, : Defendant : NO. 2007 - 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, 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 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, 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. A Patricia Abitz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Gary Abitz, Defendant : NO.2007 - lag E' CIVIL TERM DIVORCE COMPLAINT The plaintiff, Patricia Abitz, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa C S § 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Patricia Abitz , who currently resides at 153 South 32nd Street Apt. Rear, Camp Hill, Cumberland County, Pennsylvania, 17011 since January 2007. 2. Defendant, Gary Abitz, is whose last known address is 9900 Veterans Drive SW # 11 ZE, Tacoma, Washington, 98493 since June 2004. Alternatively, Defendant may reside at 207 1 /2 Downtown Plaza Apt 3, Fairmont, Minnesota, 56031. 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 March 18, 2001 in Fairmont, Martin County, Minnesota. 5. Plaintiff and Defendant have lived separate and apart since June, 2004. 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. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Date: SoYo gCh Certified Legal Intern ROBE E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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. 64904 relatin t authorities. Date &97 l g o unsworn falsification to Plaintif Patricia Abitz C", rv ?_-::? ?7 t.:: -- ??:,-? -F-? °1 c ,..? __ ? ^{{?' '^si:. y_ ? q r'3 :_ .a ,_?__ _:A? .,?; 'C Patricia Abtiz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Gary Abtiz, Defendant NO. 07- WS-CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Patricia Abitz, 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. Respectfully submitted, Date / Joj/, ! 9,_ 7 _ Soyoung Chung Certified Legal Intern ROB2?V .RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 ?"? rv ?.._ S?? . .. ?` ? `••?e i7 . t r ? ?? s ? !"` -"? I a i •G- '?. 4t? ?? _? . - ? ? - ?1 ?'ti` Patricia Abitz, Plaintiff V. Gary Abitz, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE NO.2007- ) 3 CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. AFFIDAVIT UNDER & 3301(d) OF THE DIVORCE CODE 1. The parties to this action separated on June, 2004 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: Y Patricia Abitz Plaintiff t) C M .f r rat ? tf?6 Patricia Abitz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Gary Abitz,- ?aa8 Defendant : NO. CIVIL TERM NOTICE OF ELECTION TO RETAKE FORMER NAME Notice is hereby given that the Plaintiff in the above matter, having filed a complaint for divorce on the 4t' day of December, 2007, hereby elects to retake and hereafter use her previous name of Patricia Garcia Cabrero, and gives this written notice avowing her intention in accordance with the provisions of 54 Pa.C.S. § 704. Patricia Abitz Wishes To Be Known As: (4h 1( Patricia Garcia Cabrero COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. On the day of arch, 2008, before me, a Notary Public, personally appeared Patricia Abitz, known to me to be the person whose name is subscribed to the within document, and acknowledged that she executed the foregoing for the purpose therein contained. IN WITNESS THEREOF, I have hereunto s my and and Notarial Se 1. ? d TARY P IC Notarial Seal Laurie L, Wolf; Notary Public Carlisle Born, Cumberland County My Commission Expires Feb. 14, 2010 r -7 lb a V r ?s PATRICIA ABITZ, Now: Patricia Garcia Cabrero : IN THE COURT OF COMMON PLEAS Plaintiff : OF CUMBERLAND COUNTY, PENNSYLVANIA v GARY ABITZ, Defendant CIVIL ACTION-LAW DIVORCE : No. 07-7288 CIVIL TERM To The Prothonotary: PRAECIPE TO REINSTATE COMPLAINT Please reinstate the Divorce Complaint at the above-captioned docket, originally filed on December 4, 2007. _ ??' Ni ole Berman Certified Legal Intern 7Z;Z Anne a onald-Fox, Es . Supervisi g Attorney Date: 4 - 1 " os C r.a C) i7 CUD aa. 1^?=' rq Q Patricia Abtiz, NOW: Patricia Garcia Cabrero Plaintiff V. Gary Abtiz, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 07- 7288 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS To The Prothonotary: Kindly allow Patricia Garcia Cabrero (formerly Patricia Abitz), 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. Date © g Respectfully submitted, Ni 1e Berman Certified Legal Intern ROBER INS THOMAS . PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 C7 o }, PATRICIA ABITZ, NOW: Patricia Garcia Cabrero Plaintiff V. GARY ABITZ, Defendant APR 0 B 2008 MK THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE :NO. 07-7288 ORDER OF COURT CIVIL TERM On this /V' day of 2008, on consideration of the attached Petition Pursuant to Pa.R.C.P. Rule 430 for Special Order Directing Method of Service, it is ordered that service of the Complaint and Plaintiff's Affidavit under Section 3301(d) be made by publication of the attached notice, once in the Cumberland County Law Journal and once in the Carlisle Sentinel. By the Court, -'1G R/, J. F a?}?yFt'??,,«~.w,,,,?.. 1008 APR 14 M 11: ,11114106- l.T • 1? Patricia Abitz, NOW Patricia Garcia Cabrero Plaintiff V. Gary Abitz, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE : NO. 07 - 7288 CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Complaint for Divorce and Plaintiff's Affidavit on Gary Abitz, pursuant to the Order of Court dated April 14, 2008, by publication once in the Cumberland County Law Journal on May 9, 2008 and once in The Sentinel, a newspaper of general circulation in the Borough of Carlisle, on April 23, 2008, as evidenced by the attached Proof of Publications. Ni le Berman Certified Legal Intern Anne Nb?ald-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames IQeinklaus Advertising Operations Director, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th.. 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): April 23, 2008 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this 23rd day of April, 2008. a, % J '?r '0., Notary Publil/I commission expires: 9Illo0 COMMONWEALTH OF PENNSYLVANIA ?NOWW Seal Chram L. Walla, NOOFY Public Aisle Sara, C anboli n i C 0J* My CorrffissiGn EVWW Sept t, 2008 Member, Pennsvivania Association Of Notaries COPY OF NOTICE OF PUBLICATION PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz May 9, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Co e, Editor SWORN TO AND SUBSCRIBED before me this 9 day of May, 2008 C-e'? Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO. CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL LEGAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO. 07-7288 CIVIL TERM Patricia Abitz, Now Patricia Garcia Cabrero V. Gary Abitz IN DIVORCE TO: Gary Abitz YOU HAVE BEEN SUED IN COURT. The Plaintiff, Patricia Garcia Cabrero, by her attorneys, the Family Law Clinic, has filed a Complaint for Divorce and Plaintiffs Affidavit under §3301(d) of the Divorce Code. If you wish to defend against this claim, you must enter a written appearance per- sonally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce may be entered against you by the Court. You may lose property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 May 9 N t7i ,73 fj --? rv Patricia Abitz, NOW Patricia Garcia Cabrero Plaintiff Gary Abitz, V. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW DIVORCE NO. 07 -628- CIVIL TERM CERTIFICATE OF SERVICE I, Nicole Berman, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Notice of Intention to Request Entry of Divorce Decree and Defendant's Counter-Affidavit on Gary Abitz, whose last known address is 207 '/2 Downtown Plaza, Fairmont, Minnesota 56031, by depositing a copy of the same in the United States mail, postage prepaid on July 30, 2008. Nicole Berman Certified Legal Intern Anne nald-Fox, Esq. Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 -> ?.,? "` ,? ?- °n i _z., . r ?_; ?.-'J ?;: r? z ? f ?"?., Patricia Abitz, NOW Patricia Garcia Cabrero Plaintiff V. Gary Abitz, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW IN DIVORCE AND CUSTODY : No. 07-7288 CIVIL TERM 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 and separation for two years under 4 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Per Court Order dated April 14, 2008, service by RI blication once in the Cumberland County Law Journal on MU 9, 2008 and once in the The Sentinel on Annl 23, 2008 3. Date of execution of the affidavit required by § 3301(d) of the Divorce Code: December 4, 2007 Date of filing and service of the plaintiff's affidavit upon the respondent: Filed on December 4 2007 and served by Publication on A12ri123, 2008 and Mav 9, 2008. 4. Related claims pending: None. 5. Date and manner of service of the Notice of Intention to Request Entry of Divorce Decree, a copy of which is attached: Service by first class mail on July 30, 2008. Date d G' Nicole Berman Certified Legal Intern Robert . sins, Esquire Lucy Johnston-Walsh, Esquire Anne MacDonald-Fox, Esquire Thomas M. Place, Esquire Megan Riesmeyer, Esquire Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r-O ?'' <._r G7) fFt F-- cp c W IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Patricia Abitz now Patricia Garcia Cabrero., Plaintiff VERSUS No. 2007 7288 Gary Abitz, Defendant DECREE IN DIVORCE AND NOW, ?a? IT IS ORDERED AND Patricia Garcia Cabrero DECREED THAT PLAINTIFF, Gary Abitz AND 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 PROTHONOTARY ?- e -.-3 PATRICIA ABITZ, NOW: Patricia Garcia Cabrero, Plaintiff V. GARY ABITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : NO. 07-7288 CIVIL TERM PETITION PURSUANT TO PA. R.C.P 430 FOR SPECIAL ORDER DIRECTING METHOD OF SERVICE Petitioner, Patricia Garcia Cabrero (formerly Patricia Abitz), by her attorneys, the Family Law Clinic, respectfully requests this Court to enter an Order directing method of service on Gary Abitz by publication, once in the Carlisle Sentinel newspaper and once in the Cumberland County Law Journal, and in support of the petition states the following: 1. Plaintiff is Patricia Garcia Cabrero (formerly Patricia Abitz) whose current address is 153 South 32nd Street Apt Rear, Camp Hill, PA 17011. 2. Defendant is Gary Abitz whose last known address is 207'/2 Downtown Plaza Apartment 3, Fairmont, MN 56031. 3. Plaintiff is a bona fide resident of the Commonwealth of Pennsylvania and has been for at least 6 months prior to the filing of the original Divorce Complaint. 4. Plaintiff and Defendant were married on March 18, 2001, in Fairmont, Minnesota. 5. The parties separated in June 2004, and have lived separate and apart since that time. 6. On December 4, 2007, Plaintiff filed a Complaint for Divorce and Plaintiff's Affidavit in the Cumberland County Courthouse. See attached "Exhibit All 7. On April 7, 2008, Plaintiff filed a Praecipe to Reinstate the Complaint in the Cumberland County Courthouse. 8. Plaintiff has had no contact with Defendant since their separation in June 2004. 9. Plaintiff has made a good faith effort to locate Defendant including the following: a. Plaintiff's counsel conducted an "Accurent" address search which listed Defendant's address as either 9900 Veterans Dr SW #11 ZE Tacoma, Washington 98402 or 207 %2 Downtown Plaza Apt 3, Fairmont, MN 56031. b. On December 5, 2007, Plaintiff's counsel attempted to serve Defendant via certified mail, restricted delivery, return receipt requested at his last known residence, 207 '/2 Downtown Plaza Apt 3, Fairmont, MN 56031. The letter was returned by the United States Post Office marked "Not Deliverable As Addressed/Unable to Forward/Attempted-Unknown." C. On December 5, 2007, Plaintiff's counsel attempted to serve Defendant via certified mail, restricted delivery, return receipt requested at the second address the Accurent search located, 9900 Veterans Dr SW #11ZE Tacoma, Washington 98402. The letter was returned by the United States Post Office marked "NO LONGER HERE PLEASE REMOVE FROM MAIL LIST." d. Plaintiff's counsel did an internet search for Defendant which did not produce a current address. e. Plaintiff's counsel conducted a Westlaw death certificate search for Defendant which did not produce a death certificate. £ Plaintiff's counsel located and contacted Bruce Abitz, who is Defendant's brother, in hopes of learning Defendant's whereabouts. Bruce Abitz claims to have no knowledge of Defendant's whereabouts. g. Plaintiff knows of no other friends or family members to whom she may address inquiries regarding Defendant's whereabouts. WHEREFORE, Plaintiff requests that this Court enter an order directing method of service of the Complaint for Divorce under § 3301 (d) as follows: by publishing the Notice attached hereto as "Exhibit B", once in the Cumberland County Law Journal and once in the Carlisle Sentinel newspaper Date: 4 k /M Respectfully submitted, Nicole Berman Certified Legal Intern ROBE S THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Petition for Special Order Directing Method of Service are true and correct to the best of my personal knowledge and belief. 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: t k% r Patricia G cia Cabrero (Formerly Patricia Abitz) PATRICIA ABITZ, : IN THE COURT OF COMMON PLEAS OF NOW: Patricia Garcia Cabrero : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff V. CIVIL ACTION - LAW GARY ABITZ, IN DIVORCE Defendant NO. 07-7288 CIVIL TERM AFFIDAVIT 1. I, Nicole Berman, am currently working as a Certified Legal Intern at the Family Law Clinic, located at 45 North Pitt Street, Carlisle, Cumberland County, Pennsylvania 17013. 2. I contacted Bruce Abitz, Defendant's brother, by telephone on March 17, 2008, because Plaintiff expressed a belief that Bruce Abitz might know Defendant's whereabouts. 3. Bruce Abitz told me that he had not seen or spoken to Defendant for several years, and he denied any knowledge of Defendant's whereabouts. Bruce Abitz also denied knowing of any person who may know Defendant's whereabouts. 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: ©X ;OA - Nicole Berman"-'Certified Legal Intern Patricia Abitz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Gary Abitz, Defendant : NO. 2007 - CIVIL TERM 64t 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, GO TO OR TELEPHONE THE OFFICE SET FORTH BELO THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LA R.° -97 }; c C77 IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE!.j BLE `) TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFEER.. 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 tt& be f cftCj0 st attend the scheduled conference or hearing. rR Teatr AM WlWd t,1 here unto I my hand t the Seal 01 Said CM at Carley twat sl tut Patricia Abitz, Plaintiff V. Gary Abitz, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE N0.2007- j ? Z CIVIL TERM NOTICE If you wish to deny any of the statements set forth in this affidavit, you must file a counter-affidavit within twenty days after this affidavit has been served on you or the statements will be admitted. p O G -C1C';? AFFIDAVIT UNDER 3301(d) OF THE DIVORCE CODE S+_ f? C- ?.T = t "`, r 1. The parties to this action separated on June 2004 and have continued to lie . (. , separate and apart for a period of at least two years. 2. The marriage is irretrievably broken. a 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 P&C.S. § 4904 relating to unsworn falsification to authorities. Date: ? 1 ?o 0 { Patricia'Abitz Plaintiff Patricia Abitz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Gary Abitz, Defendant : NO. 2007 - CIVIL TERM DIVORCE COMPLAINT The plaintiff, Patricia Abitz, by her attorneys, the Family Law Clinic, sets forth the following cause of action in divorce: DIVORCE UNDER 23 Pa.C.S. § 3361(d) OF THE DIVORCE CODE Plaintiff is Patricia Abitz , who currently resides at 153 South 32nd Street Apt. Rear, Camp Hill, Cumberland County, Pennsylvania, 17011 since January 2007. 2. Defendant, Gary Abitz, is whose last known address is 9900 Veterans Drive SW # 11 ZE, Tacoma, Washington, 98493 since June 2004. Alternatively, Defendant may reside at 207 1/2 Downtown Plaza Apt 3, Fairmont, Minnesota, 56031. 3. 4. 5. 6. 7. 8. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. Plaintiff and Defendant were married on March 18, 2001 in Fairmont, Martin County, Minnesota. Plaintiff and Defendant have lived separate and apart since June, 2004. There have been no prior actions for divorce or for annulment between the parties. The marriage is irretrievably broken. 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. 9. Plaintiff requests the court to enter a decree of divorce. WHEREFORE, Plaintiff requests the court to enter a decree of divorce. Date: avxwr?_ jwyy'>? Soyo g Ch Certified Legal Intern ROBEW E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 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 unworn falsification to authorities. 7 Date _/ ? Plaintif? Patricia Abitz LEGAL NOTICE In the Court of Common Pleas of Cumberland County, Pennsylvania NO.07-7288 CIVIL TERM IN DIVORCE Patricia Abitz, Now Patricia Garcia Cabrero V. Gary Abitz TO: Gary Abitz YOU HAVE BEEN SUED IN COURT. The Plaintiff, Patricia Garcia Cabrero, by her attorneys, the Family Law Clinic, has filed a Complaint for Divorce and Plaintiff s Affidavit under § 3301(d) of the Divorce Code. If you wish to defend against this claim, you must enter a written appearance personally or by attorney and file your defenses or objections in writing with the court. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce may be entered against you by the Court. You may lose property or other rights important to you. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER 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 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 }}4 .! .+ _ ' 21