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HomeMy WebLinkAbout08-5224HOLLY SADOU, Plaintiff V. ALKAIROU SADOU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA :NO. OS -- ???y l?lv?L? CIVIL ACTION - IN DIVORCE 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 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: Dauphin County Courthouse Front and Market Streets Harrisburg, Pennsylvania 17101 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. LAWYER REFERRAL SERVICE DAUPHIN COUNTY BAR ASSOCIATION 213 NORTH FRONT STREET HARRISBURG, PA 17101 (717) 232-7536 HOLLY SADOU, Plaintiff V. ALKAIROU SADOU, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. D g -- SoZ-? V c; v?-( +e-(,•-, : CIVIL ACTION - IN DIVORCE COMPLAINT IN DIVORCE UNDER SECTION 3301(C) AND 3301 (D) OF THE DOMESTIC RELATIONS CODE 1. Plaintiff is Holly Sadou (SS# 173-56-8647), a citizen of Pennsylvania whose primary residence is 1022 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 2. Defendant is Alkairou Sadou (SS# 308-23-8229), a citizen of Africa whose last known current address is BP, 12113, Niamey, Niger Africa. 3. Plaintiff is sui juris and has been bonafide resident of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on May 28, 2006 in Montoursville, Pennsylvania. 5. The Defendant has offered no physical, emotional, or financial support since he voluntarily and without cause left Plaintiff and their son (then seven months) in October of 2007. 6. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 7. Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling. 8. Plaintiff avers that there is one (1) child under the age of 18, namely Ahmar Sadou (Date of Birth 2/27/07). COUNT I. Desertion and Irretrievable Breakdown 9. Paragraph Nos. 1 through 8 are incorporated by reference as if fully set forth herein. 10. The grounds upon which this action is based is desertion whereby Defendant has left his family in Pennsylvania and now resides in Niger, Africa since October of 2007. Defendant offers no support physically, emotionally, or financially resulting in the irretrievable breakdown or, in the alternative, indignities to the person of Plaintiff, the innocent and injured spouse, so as to render his condition intolerable and life burdensome and a divorce pursuant to Section 3301 (c) or 3301 (a) (6) of the Divorce Code is sought. WHEREFORE, if both parties file affidavits to a divorce after ninety days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. In the alternative, should the parties continue living apart for a period of time greater than two years, Plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. COUNT II COMPLAINT FOR CUSTODY 11. Paragrah Nos. 1 through 10 are incorporated by reference as if fully set forth herein. 12. Plaintiff is Holly Sadou, who currently resides at 1022 Dogwood Lane, Enola, Cumberland County, Pennsylvania 17025. 13. Defendant is Alkairou Sadou, whose last known current address is BP, 12113, Niamey, Niger Africa. 14. Plaintiff seeks primary custody of the minor child Ahmar Sadou (DOB 2/27/07). 15. The child was not born out of wedlock. 16. The child is currently in the custody of the Plaintiff. 17. Since the child's birth, the child has resided with the following persons at the following addresses. Birth - Plaintiff/ 1022 Dogwood Lane October 2007 Defendant Enola, PA October 2007- Plaintiff 1022 Dogwood Lane present Enola, PA 18. The mother of the child is Holly Sadou, currently residing at 1022 Dogwood Lane, Enola, Pennsylvania 17025. She is married. 19. The father of the child is Alkairou Sadou, whose last known current address is BP, 12113, Niamey, Niger Africa. He is married. 20. The relationship of Plaintiff to the child is that of mother. The Plaintiff currently resides with the following persons: A. Ahmar Sadou, Son 21. The relationship of Defendant to the child is that of Father. The Defendant currently resides with the following persons: A. unknown 22. 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. 23. 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 parry to the proceedings who have physical custody of the children or claims to have custody or visitation rights with respect to the children. 24. The best interest and permanent welfare of the children will be served by granting the relief requested as Defendant has removed himself from Plaintiff and child and relocated to Africa since October of 2007 with no intentions or plans to return. 25. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the Court to grant her full physical and legal custody of the child. DATE: o? Respectfully submitted, KREVSKY & ROSEN, P.C. 'IJ 0 Lawrence . Rosen, Esquire Attorney ?0r Plaintiff 1101 North Front Street Harrisburg, PA 17102 ID # 10625 Phone: (717) 234-4583 Fax: (717) 234-3650 lrosenkkrevskyandrosen.com HOLLY SADOU, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ALKAIROU SADOU, : CIVIL ACTION - IN DIVORCE Defendant VERIFICATION I, HOLLY SADOU, hereby verify that the information contained in the foregoing Complaint is true and correct to the best of my knowledge, information and belief. I also understand that false statements made herein are subject to the penalties of 18 Pa. C.S. § 4904, relating to unsworn falsification to authorities. DATE: W)?g)6 A H LY SA U HOLLY SADOU, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. ALKAIROU SADOU, : CIVIL ACTION - IN DIVORCE Defendant CERTIFICATE OF SERVICE AND NOW, this , , day of August, 2008, I, Elisabeth J. Clough, on behalf of Krevsky & Rosen, P.C. attorneys for Plaintiff, HOLLY SADOU, hereby certify that I have this day served a copy of the Complaint in the above-captioned matter, by Federal Express Air Mail on the following: ALKAIROU SADOU BP 12133 NIAMEY, NIGER COUNTRY OF AFRICA Elisabeth J. Clough Krevsky & Rosen, P.C. 1101 North Front Street Harrisburg, PA 17102 Phone: (717) 234-4583 Fax: (717) 234-3650 eclough&krevskyandrosen.com O ? .C 1 1 CZ? M-' cc,? t?'t t tV 0 n --t 7n 77 r" yd ? r HOLLY SADOU IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ALKAIROU SADOU DEFENDANT 2008-5224 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Friday, September 05, 2008 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, October 14, 2008 at 10:30 AM 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, All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT. By: /s/ Dawn S. Sunday, Esq. /16 Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites 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. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY 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 32 South Bedford Street Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 4;k?`?;JeIR? i'.x k r.'i I ?- NOV 17 2008(a HOLLY SADOU IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VS. 2008-5224 CIVIL ACTION LAW ALKAIROU SADOU Defendant IN CUSTODY ORDER OF COURT AND NOW, this day of o v , 2008, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Mother, Holly Sadou, shall have legal custody and primary physical custody of Ahmar Sadou, born February 27, 2007. 2. The Father, Alkairou Sadou, shall have periods of custody with the Child in accordance with arrangements agreed upon by both parties in advance. 3. The Father may file a Petition with the Court in the event he wishes to assert additional rights to custody with the Child or seeks a custody conciliation conference for the purpose of reviewing this Order. 4. The Mother shall provide the Father with an additional copy of this Order upon entry, in addition to the copy distributed by the Court. 5. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. cc: '?L wrence J. Rosen, Esquire - Counsel for Mother Alkairou Sadou - Father 3 t Qz /2a i /l BY THE COURT, .A I r .. - flii 1? t C 'rj : 1 X318 8 1 AOR BOOZ "HI HOLLY SADOU Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. ALKAIROU SADOU Defendant 2008-5224 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Child who is the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Ahmar Sadou February 27, 2007 Mother 2. A custody conciliation conference was held on November 12, 2008, with the following individuals in attendance: the Mother, Holly Sadou, with her counsel, Lawrence J. Rosen, Esquire. The Father, Alkairou Sadou resides in Niger, Africa and did not appear for the conference or contact the conciliator. 3. The Mother's counsel provided receipts of mailing of the custody complaint in this matter to the Father at his residence in Niger, however, there is not a green card available for receipt of mail. The Mother stated that she had spoken with the Father by telephone on the day of the conciliation conference and the Father indicated that he is not planning to return to the United States and is not asserting any claim for custody of the Child. As stated in the Mother's Complaint for Custody, she has been the Child's primary caretaker since birth and since the Father relocated to Africa in October 2007. The Mother seeks primary physical and legal custody of the Child, as the Father is unavailable for consultation even on major decisions affecting the Child. 4. Based upon the representations made by the Mother and her counsel at the conciliation conference and the fact that the Father did not attend the conference or contact the conciliator, the conciliator recommends an Order in the form as attached. Date Dawn S. Sunday, Esquire Custody Conciliator HOLLY SADOU, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA c> ~_. V. : NO. 2008-5224 ~ ° 1'~r . r: r' ALKAIROU SADOU, :CIVIL ACTION - IN DIVORCE ~~~ ~ cRV' Defendant `~= ~= -- AFFIDAVIT OF CONSENT A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 2, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers 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~ ~ c understand that false statements herein are made subject to the penalties of 18-~C.S.~' rn 4904 relating to unsworn falsification to authorities. DATE: ~~--~~ - 2p L~ c~.. ~ ~-~ z w .~ ~. o .eLJ~-r ALKAIROU SADOU ,a n --~ ~-~ :-~ ~;;~; -~--~ ~-~^, rf . ~. ~,~. ~~~ .~ --~ , rr .w~. ~- ~~,., - HOLLY SADOU, Plaintiff V. ALKAIROU SADOU; Defendant 1 2. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5224 :CIVIL ACTION - IN DIVORCE n :~. ~~7 t i.' ~~, ~ , •- r-t. `~= ~:_ ~~' ~ ~. N Q r~ r-=- N N . ~, cr ca. ~_.' -n --~ fib -rs .. ;= :.~ ~:=fit WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301(c1 OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. I understand that I may lose my 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 ?~~, o . a the Court and that a copy of the decree will be sent to me immediate ~ after it is filed with the prothonotary.i~y ~V " ca ~ ~ r L ~ J ~ ~ _' i 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 3~ § 4904 relating to unsworn falsification to authorities. DATES `~ - oil _ 2©~~ ALKA OU ADOU HOLLY SADOU, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-5224 V c~ ~ . ~ ~,, ~ '` ALKAIROU SADOU, :CIVIL ACTION - IN DIVORCE ~~ o Defendant ~~ --; ?~~ ~ : , ~_ , ~~• _ Cru... ++.~ ~S .~. ~~ ~~ ~ AFFIDAVIT OF CONSENT ~' w a ~ ~' -~ ~: -- _~, 1. A complaint in Divorce under Section 3301 (c) of the Divorce Code was filed on September 2, 2008. 2. The marriage of plaintiff and defendant is irretrievably broken. Ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of final decree of divorce after service of notice of intention to request entry of decree. 4. I understand that I may lose rights concerning alimony, division of property, lawyers 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: ~ a~f ~~~ OLLY SAD U HOLLY SADOU, Plaintiff V. ALKAIROU SADOU, Defendant 1 2. 3. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2008-5224 CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 3301{c) OF THE DIVORCE CODE I consent to the entry of a final decree in divorce without notice. ;-~ ~ ~ c~ - ~{ _~ A a r ~ ~' -- ~~ ~~ ~~=~ r° ~c ., -~ .._. S% .~; --- I understand that I may lose my rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 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 it is filed with the prothonotary. 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: c~3 ~ t~,~ ( ~ HOLLY S O HOLLY SADOU, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2008-5224 ? o ALKAIROU SADOU, : CIVIL ACTION - IN DIVORCE U) r Defendant '?' 21 C) c ACCEPTANCE OF SERVICE I, ALKAIROU SADOU, accepted service of the COMPLAINT IN DIVORCE, filed with the Court on September 2, 2008, to the best of my recollection, on or about September 8, 2010, relative to the above-reference matter. Date: (2" ALKAI OU SADO RiY- C) n rnF -Orn Ica so 6-n z oc) rq D IN THE COURT OF COMMON PLEAS Holly Sadou CUMBERLAND COUNTY, PENNSYLVANIA Vs. CIVIL DIVISION Alkairou Sadou NO. 2008-5224 CIVIL TERM PRAECIPE TO TRANSMIT RECORD c? c To the Prothonotary: C:?, C_ ,.,, , Transmit the record, together with the following information, to the court for entry of a ce ,! ak- decree: < ,w --o 1. Ground for divorce: Irretrievable breakdown under § (3301(c)) and § (3301(dxl)) of the Divorce Code. --+ ?' (Strike out inapplicable section.) -< 2. Date and manner of service of the complaint: September 8, 2010 via First Class, United States Certified Mail 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by § 3301(c) of the Divorce code: by plaintiff September 23, 2010 • by defendant July 8, 2010 (b) (1) Date of execution of the affidavit required by § 3301(d) of the Divorce Code: (2) Date of filing and service of the plaintiffs § 3301(d) affidavit upon the respondent opposing party: 4. Related claims pending: n/a 5. Complete either (a) or (b) (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's Waiver of Notice was filed with the Prothonotary: October 1, 2010 Date defendant's Waiver of Notice was filed with the Prothonotary: July 22, 2010 G? rrnn r- -v rn ;V CD o -n orn --ice D ..c l J? Attorney for Plaintiff/Defendant Holly Sadou : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. A l ka i ro u Sadou NO 2008 GV 5224 *L DIVORCE DECREE AND NOW, Z Z I I , it is ordered and decreed that Holly Sadou plaintiff, and Alkairou Sadou defendant, are divorced from the bonds of matrimony Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, C rothonotary