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Home My WebLink About09-0332 JOHN F. KING LAW, P.C. John F. King, Esq. ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343 / (717) 422-5526 FAX Harrisburg: (717) 236-8000 Attorney for Plaintiff : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA . l TARA GIFT CIVIL ACTION -LAW GARY GIFT Defendant : 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 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, 1 Courthouse Square, Carlisle, PA. 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, PA 17013 1-800-990-9108 717-249-3166 Respectfully submitted, JOHN F. KING LAW, P.C. 7\1 - By: Ybfin F. King, Esquire JOHN F. KING LAW, P.C. John F. King, Esq. ID #61919 19 S. Hanover Street Suite 103 Carlisle, PA 17013 Tel.: (717) 258-4343 / (717) 422-5526 FAX Harrisburg: (717) 236-8000 GARY GIFT Plaintiff V. TARA GIFT Defendant Attorney for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. D 9- 3 3.Z Cun1 Tr.?«? CIVIL ACTION -LAW IN DIVORCE COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Gary Gift, who currently resides at 432 N. 2nd Street, Wormleysburg, County of Cumberland, PA 17043. 2. Defendant is Tara Gift, who currently resides at 432 N. 2nd Street, Wormleysburg, County of Cumberland, PA 17043. 3. The parties have been bona fide residents in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on December 19, 2003, in Lemoyne, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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 of Divorce. COUNT I - CUSTODY 8. The preceding paragraphs 1 through 8 are incorporated herein as though set forth at length. 9. Plaintiff seeks custody of the following children: NAME PRESENT RESIDENCE AGE DOB Kayla Marie Gift 432 N. 2°d Street, Wormleysburg, PA 3 yrs 4/14/05 Jared Michael Gift 432 N. 2nd Street, Wormleysburg, PA 4 yrs 1 /21 /04 The children were not born out of wedlock. The children are presently in the custody of the Plaintiff and Defendant, who reside at 432 N. 2nd Street, Wormleysburg, PA. During the past five (5) years, the children have resided with the following persons and at the following addresses: NAME RESIDENCE DATE Plaintiff and Defendant 432 N. 2' Street, Wormleysburg, PA DOB to present The mother of the children is the Defendant, currently residing at 432 N. 2nd Street, Wormleysburg, PA. She is married to the Plaintiff. The father of the children is the Plaintiff, currently residing at 432 N. 2nd Street, Wormleysburg, PA. He is married to Defendant. 10. The relationship of the Plaintiff to the children is that of Father. The Plaintiff currently resides with the Defendant and the subject minor children. 11. The relationship of the Defendant to the child is that of Mother. The Defendant currently resides with the Plaintiff and the subject minor children. 12. 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 or any other state. 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 child. 13. The best interest and permanent welfare of the child will be served by granting the relief requested because: A. Plaintiff Father has been the primary caregiver of the subject minor children; B. The subject minor children have a significant good relationship with their extended paternal family, which Plaintiff Father will perpetuate and encourage; C. The Plaintiff Father is most likely to encourage and permit frequent and continuing contact between the children and the other party. 14. 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 a party to this action. WHEREFORE, Plaintiff requests the Court to grant an Order of Custody of the children. Dated: / ?1 e- / Respectfully submitted, JOHN F. KING LAW, P.C. F. King, )Es 19 S. Hanover Street, Suite 103 Carlisle, PA 17013 (717) 258-4343 / (717) 422-5526 FAX (717) 236-8000 Harrisburg Attorney for Plaintiff ?__,. Tom.-... , «? ? . - a? ,? VERIFICATION I, , hereby acknowledge that I am the Plaintiff in the foregoing action; that I have read the foregoing Divorce Complaint with Count for Custody; and the facts stated therein are true and correct to the best of my knowledge, information and belief. I understand that any false statements herein are made subject to penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. G Gift , Dated: January 2009 _. .rr? V VI . A? vti l Y ?, o c ? Q ?? ao N r_s c=am J (7) 1'7 GARY GIFT V. TARA GIFT . IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA 2009-332 CIVIL ACTION LAW . IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Tuesday, January 27, 2009 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before John J. Mangan, Jr., Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Thursday, March 05, 2009 at 8:30 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. 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/ john. Mangan, r. Es q. 1ILM 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 ?,O :l ?I3 BZ NVC 60OZ "1"?1 i ?wry `