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HomeMy WebLinkAbout09-5768NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARK T. BLACKBURN, Plaintiff v. DEBRA L. BLACKBURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09 - S7 (io K CIVIL TERM IN DIVORCE AND CUSTODY NOTICE 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 in 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, Cumberland County Courthouse, Carlisle, Pennsylvania 17013. 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 32 South Bedford Street Carlisle, Pennsylvania 17013 717-249-3166 NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 2414436 ATTORNEY FOR PLAINTIFF MARK T. BLACKBURN, Plaintiff v. DEBRA L. BLACKBURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 09 - S7? 8? CIVIL TERM IN DIVORCE AND CUSTODY COMPLAINT IN DIVORCE PURSUANT TO SECTION 3301 OF THE DIVORCE CODE NOW, comes the plaintiff and files this complaint in divorce against the defendant, representing as follows: The plaintiff is Mark T. Blackburn, an adult individual residing at 196 Smith Road Newport, Pennsylvania 17074. 2. The defendant is Debra L. Blackburn, an adult individual who is currently residing at 320 Easy Road, Carlisle, Pennsylvania 17013. The plaintiff and defendant have been residents of the Commonwealth of Pennsylvania at least six months prior to the filing of this action in divorce. 4. The parties were married on August 24, 2006 in Carlisle, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The plaintiff avers that he has been advised of the availability of counseling and that said party has the right to request that the court require the parties to participate in counseling. COUNTI REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301(c) OF THE DIVORCE CODE The averments of Paragraphs 1 through 6 hereof are incorporated herein by .reference. 8. The marriage between the parties is irretrievably broken. After ninety (90) days have elapsed from the date of the filing and service of this Complaint, Plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that Defendant may also file such an Affidavit. WHEREFORE, if both parties file Affidavits consenting to a divorce after ninety (90) days have elapsed from the filing and service of this Complaint, Plaintiff respectfully requests this Honorable Court enter a decree of divorce pursuant to § 3301(c) of the Divorce Code. COUNT II REQUEST FOR A NO-FAULT DIVORCE UNDER SECTION 33010 OF THE DIVORCE CODE 10. The averments of Paragraphs 1 through 9 hereof are incorporated herein by reference. 11. The marriage of the parties is irretrievably broken. 12. The parties are living separate and apart and at the appropriate time, Plaintiff will submit an Affidavit alleging that the parties have lived separate and apart for at least two years as specified in § 3301(d) of the Divorce Code. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a decree of divorce pursuant to § 3301(d) of the Divorce Code. COUNT III CUSTODY 13. The averments of Paragraphs 1 through 12 hereof are incorporated herein by reference. 14. Plaintiff seeks an order for shared legal custody and shared physical custody of the following child: Name Present Residence Age Travis J. Blackburn 320 Easy Road 2.5 years Carlisle, PA 17013 10/5/2006 15. Plaintiff and Defendant are the natural parents of the child. 16. The child was born during the marriage of the parties. 17. The child is presently in the custody of Defendant, whose residence is stated above. 18. Since the child's birth, the child has resided with the following persons at the following addresses: Persons : Address: Dates: Plaintiff Plaintiff/Defendant 320 Easy Road Carlisle, PA 17013 320 Easy Road Carlisle, PA 17013 7/5/2009-present Birth-7/5/2009 19. 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. 20. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth or any other state. 21. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 22. Mother and Father shared the responsibility of being caregivers of the child since the child's birth until the parties separated. 23. Father agreed to the entry of an Order for Protection From Abuse on July 20, 2009, which limited his contact with the child to six hours each week to be supervised by Tammy Biddle or another mutually agreeable adult. 24. Father had been investigated on allegations raised by Mother of abusing the child, which were reported to Children and Youth Services and North Middleton Township Police Department. 25. Upon information received by the undersigned from Detective Timothy Lively, North Middleton Township Police Department will not be filing criminal charges against Father based upon a lack of credible evidence to support such charges. 26. Children and Youth Services of Cumberland County completed its investigation and determined that the allegations of abuse were unfounded and that no further services were needed. 27. Father was agreeable to the periods of supervised visitation with the child as set forth in the PFA consent decree because the investigations of the various agencies had not been completed at that time. 28 Father has attempted to exercise his periods of supervised visitation each week but Mother has refused to allow Father to see the child on at least two (2) occasions because Tammy Biddle was unavailable to supervise the visits and Mother would not agree to another person as an alternate supervisor. 29. The Consent Decree further provides that both parties may petition the court for a custody conciliation at any time and the Decree was entered in contemplation of a custody action being filed and superseding the custody provisions contained therein. 30. Father is gainfully employed and due to the separation, does not live in Carlisle, but does have a stable household within which to exercise periods of partial physical custody of the child. 31. Father believes that the establishment of an Order as requested herein which provides for shared legal and physical custody of the child will serve the best interests and permanent welfare of the child. WHEREFORE, for the reasons set forth herein, Plaintiff, Mark T. Blackburn, respectfully requests that the Court enter an order granting custody of the child as requested herein, along with any additional relief that the Court may deem appropriate and just. Respectfully submitted, WOLF & WOLF, Attorneys at Law Dated: August o', 2009 By: , Esquire gh Street PA 17013 Supreme Court I.D. No. 87380 (717) 241-4436 Attorney for Plaintiff VERIFICATION I verify that the statements made in this complaint are true and correct. I understand that false statements herein are mad?`ubject to the penalties of 18 Pa.C.S. Section 4904, relating to unsworn falsification to authorities. 2009 ?L, i6e f V? j jf lin - L4 L V4 Mark T. Blackburn, Plaintiff CF Tyr. p 2CG?3 4L,,, 20 PA 12: ; J ltd" C.?2. a ? S'S y NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARK T. BLACKBURN, Plaintiff v. DEBRA L. BLACKBURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09 - CIVIL TERM IN DIVORCE AND CUSTODY PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT The plaintiff, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 2009 ;MJ TZ?6LAZZ firA A Mark T. Blackburn, Plaintiff Fit FL rCTip It, ? r ' ''..';4w 2009 AUU" 20'_ !G. L, 0' cG°r? NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARK T. BLACKBURN, Plaintiff V. DEBRA L. BLACKBURN, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NO. 09 - 51 CIVIL TERM : IN DIVORCE AND CUSTODY ACCEPTANCE OF SERVICE I, DEBRA L. BLACKBURN, certify that I am the defendant in this matter. Furthermore, I hereby certify that on C /Sf , 2009, I received a certified copy of the divorce and custody complaint filed in 667action. , 2009 EBRA L. "KibRN Defendant FILL' ;: ?CE dF TIC M9 AUG 26 AM 10- 29 i t'?1LLn? CUfi? E NATHAN C. WOLF, ESQUIRE ATTORNEY ID NO. 87380 10 WEST HIGH STREET CARLISLE PA 17013 (717) 241-4436 ATTORNEY FOR PLAINTIFF MARK T. BLACKBURN, Plaintiff V. DEBRA L. BLACKBURN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW NO. 09 - 1 L05 CIVIL TERM IN DIVORCE AND CUSTODY DEFENDANT'S MARRIAGE COUNSELING AFFIDAVIT The defendant, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Prothonotary's Office, which list is available to me upon request. 3. Being so advised, I do not request that the court require that my spouse and I participate in counseling prior to a divorce decree being handed down. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 2009 Debra L. c burn, Defendant t ALE i;-< CF OF THE EJF -'T 2009 A G 26 Al 910: 2 9 Y MARK T. BLACKBURN IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. DEBRA L. BLACKBURN DEFENDANT 2009-5768 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Monday, August 31, 2009 _,upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Hubert X. Gilroy, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Friday, October 02, 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/ Hubert X. GRro Es q. , Ojos 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 Fil F --b1:= ?' ; OF IHEE P MARY 20G9 AUG 31 Ni 3'. 5 5 e6( C? MARK T. BLACKBURN IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v CIVIL ACTION - LAW DEBRA L. BLACKBURN, NO. 2009-5768 Defendant IN CUSTODY ORDER AND NOW, this q 6 day of September, 2009, the Conciliator being advised the parties are attempting to reconcile, the Conciliator relinquishes jurisdiction. Hubert X. Gilroy, Custody Conciliap 1 -t ICE OF THE PR{ VIONOTARY 2009 OCT -I FM 2= 26 CLIME r; j?JUNTY PENNSYLVANIA