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Home My WebLink About09-4258 PEGGY MAE ARCHEVAL IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA Plaintiff V. JOSE MARTIN ARCHEVAL : No. 2009 - yd58 CIVIL TERM Defendant : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend 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 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, Cumberland County Courthouse, 1 Court House Square, Carlisle, PA. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 Cumberland County Bar Association (717) 249-3166 or 800-990-9108 Ala AM PjkOZESKY, ESQ PA I # 2097 401 F..,. Lout. er St, Suite 103 Carlisle, PA 17013 Tel: (717) 243-9400 PEGGY MAE ARCHEVAL Plaintiff V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA No. 2009 - Y a Y F IN DIVORCE CIVIL TERM JOSE MARTIN ARCHEVAL Defendant COMPLAINT IN DIVORCE AND NOW, comes the Plaintiff, PEGGY MAE ARCHEVAL, by and through her attorney, Abraham Prozesky, Esquire, of the Law Office of Abraham Prozesky, and files the following consolidated Complaint in Divorce for Divorce and Custody: 1. Plaintiff is PEGGY MAE ARCHEVAL an adult individual currently residing at 735 15th Street, New Cumberland, PA 17070. 2. Defendant is JOSE MARTIN ARCHEVAL an adult individual currently residing at 229 12th Street, New Cumberland, PA 17070. 3. Plaintiff has resided within the Commonwealth of Pennsylvania for a period of six (6) months or more preceding the filing of this Complaint. 4. The parties were married on September 18, 2004 in Mechanicsburg, PA. 5. There were 2 (two) children born unto the marriage: LILLY GRACE, born December 12, 2001 (age 7) and LAYLA MAREE, born September 29, 2005 (age 3). 6. The parties have been living separate and apart since November, 2008. 7. Pursuant to § 3301(d) of the Divorce Code the Plaintiff avers that the marriage is irretrievably broken. 8. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 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. Plaintiff has tried counseling to no success. 10. Defendant is not in the military service of the United States. COUNT I - REQUEST FOR NO-FAULT DIVORCE PURSUANT TO SECTION 3301(c) OF THE DIVORCE CODE 11. Paragraphs 1 through 10 of this Complaint are incorporated herein by reference thereto. 12. After 90 (ninety) days have elapsed from the date of filing this Complaint, Plaintiff intends to file an Affidavit consenting to the divorce. Plaintiff believes Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after 90 (ninety) days have elapsed from the date of filing this Complaint, Plaintiff, PEGGY MAE ARCHEVAL, respectfully requests the Court to enter a decree of :Divorce pursuant to section 3301(c) of the Divorce Code. COUNT II -REQUEST FOR CONFIRMATION OF CUSTODY PURSUANT TO SECTIONS 3104 a 2 AND 3323(b) OF THE DIVORCE CODE 13. Paragraphs 1 through 11 of this Complaint are incorporated herein by reference thereto. 14. The parties are the parents of the following minor children who reside with the Plaintiff at this time: NAME AGE SEX DATE OF BIRTH LAYLA MAREE 3 years Female September 29, 2005 LILLY GRACE 7 years Female December 12, 2001 15. During the past 3 (three) years LAYLA MAREE and the past 7 (seven) years LILLY GRACE have resided with the parties and at the addresses herein indicated: WITH WHOM ADDRESS FROM TO Plaintiff and Defendant 735 15th Street, New January 1, 2001 February 28, 2003 Cumberland, PA 17070 Plaintiff and Defendant 2206 Cedar Run Dr, March 1, 2003 March 1, 2004 Apt F, CampHill, PA 17011 Plaintiff and Defendant 735 15th Street, New March 2, 2004 August 1, 2007 Cumberland, PA 17070 Plaintiff 735 15th Street, New August 2, 2007 Present Cumberland, PA 17070 16. Plaintiff has not participated in any other litigation concerning the children in this or any other state, nor are there any proceedings pending involving custody of the children. 17. Plaintiff knows of no person not a party to these proceedings who has physical custody of the children or who claims to have custody, partial custody or visitation rights with respect to the children. 18. The best interests of the children will be served if Plaintiff and Defendant have Shared Legal Custody and Plaintiff has Primary Physical Custody and Defendant has partial Physical Custody of their children. WHEREFORE, Plaintiff, PEGGY MAE ARCHEVAL, requests this Honorable Court to grant Plaintiff, PEGGY MAE ARCHEVAL, and Defendant, JOSE MARTIN ARCHEVAL, Shared Legal Custody and Shared Physical Custody of the minor children., LILLY GRACE and LAYLA MAREE, as in the children's best interest. Date: 6 /t- G d q Respectfully submitted, Attorney for aintiff PA ID # 209 87 401 E. Louther Street, Suite 103 Carlisle, PA 17013 Tel: (717) 243-9400 VERIFICATION I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. Date: 2 `f 0 Pty w? rn?E A Y?, ??CHFWAL Respectfully ABRAI-I!kVPROZE , ESQ PA Id # 209787 401 E. Louther , Suite 103 Carlisle, PA 170 3 Tel: (717) 243-9400 FIFO - ryry 7 THE IAA to J; ,`UH 24 A 1,46 _- tk *ggo.5o PCs ArtN CV 0- a P-z* aaq 151 of, 0 lool PEGGY MAE ARCHEVAL V. IN THE COURT OF= COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA JOSE MARTIN ARCHEVAL N0.2009 - 4258 CIVIL TERM DIVQRCE DECREE AND NOW, , ~'~-~?,~~ ~ '~ ~~ , ._ O /C~ , it is ordered and decreed that PEGGY MAE ARCHEVAL plaintiff, and JOSE MARTIN ARCHEVAL bonds of matrimony. defendant, are divorced from the 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.") By the Court, ~ ~ a~ ro ~--~ : Copp M.a:, fed ~ ~~- P~ z ~-s k~, `~ ~'ag'~lo ~c~;~, ~n~.; lei ~~ c~T