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HomeMy WebLinkAbout02-0673ARNOLD FORBES, Plaintiff VS. NINA FORBES, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2002- CIVIL ACTION - LAW IN DIVORCE COMPLAINT FOR PRIMARY PHYSICAL CUSTODY AND NOW, this 31st day of January 2002, comes the Plaintiff, Arnold Forbes, by his attorney, Diane M. Rupich, Esquire, and respectfully requests the following: Your Plaintiff is Arnold Forbes, an adult individual, whose current address is 1132 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050, with a mailing address of P.O. Box 396, Dillsburg, York County, Pennsylvania 17019. The Defendant is Nina Forbes, an adult individual, whose current legal address is 1132 Gettysburg Pike, Mechanicsburg, Cumberland County, Pennsylvania 17050. 3. The Plaintiff and Defendant were married in 1999; however, as a result of the party's relationship prior to their marriage, three children were born, namely, Ariel E. Forbes, bom 4/14/95; Natasha P.L. Forbes, born 8/30/96; and Sabrina E. Forbes, bom 6/16/98. On Monday, January 21, 2002, the Defendant telephoned your Plaintiff and indicated that she had the children with her, that she had previously acquired passports for the children, and that unless your Plaintiff provided her with a copy of a recorded Deed placing a certain parcel of real estate into her name alone, that she intended to leave the country with the children and your Plaintiff would never see his children again. Prior to December 2001 and since approximately January of 2001, the Defendant, Nina Forbes, separated herself from the marital residence and from your Plaintiff and the minor children. 6. Your Plaintiff has been the primary caretaker of his minor children on his own for approximately the last 11 months. o The Defendant would contact your Plaintiff infrequently by telephone and appeared in the residence on occasion over the last 11 months, in the middle of the night, standing over the bed of your Plaintiff. 8. Your Plaintiff believes that the Defendant is involved with drugs. 2 It is in the best interest of the minor children to remain in the primary custody of your Plaintiff, Arnold Forbes, and that the minor children be permitted to retain their current status and home with your Plaintiff, Arnold Forbes. 10. The Defendant, Nina Forbes, was able to convince your Plaintiff, Arnold Forbes, that she was, in fact, attempting a reconciliation during the month of December 2001, when in fact, she maintained contact with her boyfriend, calling him between the hours of 3:00 a.m. and 5:00 a.m., while your Plaintiff was sleeping, and when the Plaintiff was not at home. 11. Your Plaintiff believes that the Defendant has connived this scenario since she returned to the home in December 2001, in an attempt to secure real estate into her name alone. 12. Your Plaintiff commenced a divorce action in the Court of Common Pleas of Cumberland County, Pennsylvania, in March 2001. 13. The Defendant has had minimal contact with her minor children since she separated herself from the Plaintiff and the minor children since approximately January 2001. 3 14. The 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 children 15. Your Plaintiff has maintained the stability and continuity, which minor children need, since January 2001. 16. Two of the minor children attend the South Mountain Elementary School and since January 21, 2002, since the Defendant removed the children from the home, the children have not been in school. 17. A prior action was inadvertently filed in the Court of Common Pleas of York County and an Order of Court was entered preventing the removal of the children from the Commonwealth of Pennsylvania dated January 22, 2002, and a Conciliation Conference had been scheduled for February 7, 2002. 18. The Court of Common Pleas of Cumberland County has jurisdiction in this matter as the children have resided in Cumberland County for the last six (6) months. 19. The action filed in the Court of Common Pleas of York County is being withdrawn. 4 WHEREFORE, your Plaintiff, Arnold Forbes, respectfully prays your Honorable Court to grant him primary physical custody of his children. Respectfully submitted, 1017 North Front Street Harrisburg, PA 17102 (717) 232-9724 I.D. No. 71873 Date: January 31, 2002 5 VERIFICATION I verify that the statements made in this Complaint for Primary Physical Custody are tree 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. /~ORB~ES - Date: i /~1/o ~ ARNOLD FORBES PLAINTIFF V. NINA FORBES DEFENDANT : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 02-673 CIVIL ACTION LAW 1N CUSTODY ORDER OF COURT AND NOW, Thursday, February 14, 2002 , 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, Meehanicsburg, PA 17055 on Tuesday, March 12, 2002 at 10:00 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. Sunda,v. Esa. ~,/t6 Custody Conciliator - 0 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 ARNOLD FORBES, Plaintiff IN THE COURT OF COMMON PLBAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2002-673 NINA FORBES, Defendant CIVIL ACTION - LAW CUSTODY CUSTODY AGREEMENT AND NOW, this I a~- day of lth a.,,. 2002, comes the above-named parties and their attorneys and intending to be legally bound do hereby agree as follows: 1. The Plaintiff above named is Arnold Forbes, an adult individual, currently residing at 50 Chesmut Hill Road, Dillsburg, York County, Pennsylvania 17019. Counsel for the Plaintiff is Diane M. Rupich, Esquire. 2. The Defendant above named is Nina Forbes a/k/a Nina Wills, an adult individual who currently resides at 1132 Gettysburg Pike, Mecharficsburg, Cumberland County, Pennsylvania 17050. Counsel for the Defendant is Maria P. Cognetti, Esquire. 3. The parties are the natural parents of three children; namely, Ariel E. Forbes, bom 4/14/95; Natasha P.L. Forbes, bom 8/30/96; and Sabrina E. Forbes, bom 6/16/98. The parties agree that they shall share legal custody of their minor children. Both parents agree that they shall confer and consult with each other concerning all major decisions involving their children, including but not limited to educational, medical, religion, and psychological concerns. 5. The parties hereto agree that they shall share physical custody of their m/nor children as follows: (a) The father, Arnold Forbes, shall enjoy one week with his children; (b) The mother, Nina Forbes, shall enjoy the next week with her children; (c) The parties shall alternate week on/week off of physical custody with their minor children. 6. The parties hereto agree that this arrangement of shared physical custody shall continue, week on/week off, with the exchange being Fridays at 6:00 p.m. until such time as either party files for a modification of the same. 7. The parties hereto agree that the children shall continue to attend school at South Mountain Elementary School located at 711 South Mountain Road, Dillsburg, Pennsylvania 17019. o Both parties agree that neither shall remove the children from the jurisdiction of the Commonwealth of Pennsylvania without providing thirty days advance written notice to the other parent of their intention to do so. 2 9. The parties hereto acknowledge that they have reviewed the terms of this Custody Agreement with their attorneys prior to execution of the same. 10.The parties hereto acknowledge and intend that this Custody Agreement shall be made an Order of Court in the Court of Common Pleas of Cumberland County. 11.Wife hereby acknowledges that husband has filed a Complaint for Custody in the Court of Common Pleas of Cumberland County, Pennsylvania, wherein a Conciliation Conference had previously been scheduled for March 27, 2002; however, as a result of the agreement reached between the parties, said Conciliation Conference was cancelled and a new date has been scheduled for May 2, 2002. The parties acknowledge that this Agreement shall be forwarded to the Court for approval and to be made a Court Order, and if the same is completed prior to May 2, 2002, the Conciliation Conference scheduled for that date would be cancelled. IN WITNESS WI-IF. REOF the parties hereto have signed their hands and ~~earfn'stabovewritten. ?~~~! ~ 3 ARNOLD FORBES, Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 2002-673 NINA FORBES, Defendant CIVIL ACTION - LAW CUSTODY ORDER OF COURT AND NOW, this b [~ day of ~vl ~ -~ ,2002, upon presentation and consideration of the within Custody Agreement, it is hereby ORDERED that the Plaintiff and Defendant shall share legal custody of their minor children, Ariel E. Forbes, bom 4/14/95; Natasha P.L. Forbes, bom 8/30/96; and Sabrina E. Forbes, bom 6/16/98. It is further ORDERED that the parties shall share physical custody of the minor children week on/week off as specifically set forth in the attached Agreement. All other provisions of the Custody Agreement attached hereto are incorporated herein and made a part hereof. BY THE COURT: Distribution: 7 Maria Cognetti, Esquire, 210 Grandview Avenue, Suite 102, Camp Hill, PA 17011 Diane M. Dils, Esquire, 1017 North Front Street, Harrisburg, PA 17102 I AY 1 B 2002 ARNOLD FORBES, VS. NINA FORBES, Plaintiff Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 02-673 CIVIL ACTION LAW .' : IN CUSTODY ORDER OF COURT AND NOW, this 1sT day of May, 2002, the Conciliator, having been advised by Plaintiffs counsel that all custody issues have been resolved by agreement of parties, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for May 2, 2002 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator