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Home My WebLink About05-3193ABIGAYLE CURRY, Plaintiff V. KEVIN CURRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN DIVORCE NO: 05-.319J CIVIL TERM 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, Carlisle, Pennsylvania. 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 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 Bedford Avenue Carlisle, PA 17013 (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. ABIGAYLE CURRY, IN THE COURT OF COMMON PLEAS Plaintiff OF CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION LAW KEVIN CURRY, IN DIVORCE Defendant NO: 05- 3( CIVIL TERM DIVORCE COMPLAINT The Plaintiff, Abigayle Curry, by her attorneys, the Family Law Clinic, sets forth the following causes of action for divorce and alimony: COUNT I. DIVORCE UNDER 23 PA.C.S. H 3301(a)(6), 3301(c), & 3301(d) OF THE DIVORCE CODE 1. Plaintiff is Abigayle Curry, who currently resides at 404 Hopi Drive, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. Defendant is Kevin Curry, whose current address is 1195 Cly Road, York Haven, York County, Pennsylvania, 17370. 3. Plaintiff has been bona fide resident in the Commonwealth of Pennsylvania for at least six months previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 4, 2001 in Mechanicsburg, Cumberland County, Pennsylvania. 5. Plaintiff and Defendant have lived separate and apart since July 19, 2004. 6. There have been no prior actions of divorce or annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff avers that Defendant has offered such indignities to the Plaintiff, an injured and innocent spouse, as to render the condition of the Plaintiff intolerable, and life burdensome. 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. WHEREFORE, Plaintiff requests the court to enter a decree in divorce dissolving the marriage. COUNT II. ALIMONY 10. Plaintiff repeats and realleges paragraphs one through nine. 11. Plaintiff has been and will continue to be the primary caretaker of the parties' minor child, Cobane Curry, born December 3, 2001. 12. Plaintiff has not been involved regularly in the work force for over seven years. 13. Prior to the birth of the parties' minor child, Plaintiff withdrew from a four-year undergraduate college program in order to care full-time for Defendant's child from a previous relationship. 14. Plaintiff now has undergraduate school loans in excess of $3,000, with no completed degree which would assist her in entering the workforce. 15. Plaintiff also has in excess of $1,000 in debt from hospital bills from the birth of parties' minor child. 16. Plaintiff requires support to adequately maintain herself in accordance with a reasonable standard of living. 17. Plaintiff lacks sufficient property to provide for her reasonable needs and is unable to support herself at this time with employment. 18. Defendant is an independent contractor and is financially able to provide for his reasonable needs and the reasonable needs of Plaintiff. WHEREFORE, Plaintiff requests the Court to enter an award of reasonable alimony, and such other relief as the Court deems just. Date: 21 0 Legal Intern ROBE RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCYJOHNSTON-WALSH Supervising Attorneys THE FAMILY LAW CLINIC 45 North Pitt St. Carlisle, PA 17013 VERIFICATION Understanding that the making of any false statement would subject me to the penalties of 18 Pa. C.S. §4904, the undersigned verifies that the statements made in the foregoing Complaint are true and correct, to the best of my knowledge, information and belief. Date: Abigay1i C , Plaintiff ., ?> C. tm (_) ? c i -1 1 r.? . ??T N ?? V ? (-) r, 8 _"'1 l i it ?./ ? ? :? 1 irrl .6 ABIGAYLE CURRY, Plaintiff V. KEVIN CURRY, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN DIVORCE NO: 05- 21'?3 CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS Kindly allow Abigayle Curry, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Date 21 In ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 OBE T / INS ?64' THO S M. PLACE f,.? i C7 - i CA Cil ABIGAYLE CURRY, Plaintiff KEVIN CURRY, Defendant v. IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW IN DIVORCE NO: 05-3193 CIVIL TERM AFFIDAVIT OF SERVICE I, Rend M. Gornall, hereby certify that I am a competent adult and that I served a true and correct copy of Complaint for Divorce on the Defendant, Kevin Curry, at the Cumberland County Prison in Carlisle, Pennsylvania by handing him a copy of the complaint at 12:53 pm. Service was complete upon receipt by Kevin Curry on the 19a' day of July, 2005. I verify that the statements made in this certificate 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: July 19, 2005 FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 1'7013 717-243-2968 rv=? i ? = :? ' c ? n r_r? i r ,_ -?- P17. ^? Ca `-; ?.; CJ". _ -.: Curtis R. Long Prothonotary 'Office of *Vrotbionotarp Cumberfanb countp Renee K. Simpson Deputy Prothonotary John E. Slike Solicitor -d S - 19 CIVIL TERM ORDER OF TERMINATION OF COURT CASES AND NOW THIS 29TH DAY OF OCTOBER 2008 AFTER MAILING NOTICE OF INTENTION TO PROCEED AND RECEIVING NO RESPONSE - THE ABOVE CASE IS HEREBY TERMINATED WITH PREJUDICE IN ACCORDANCE WITH PA RCP230.2 BY THE COURT, CURTIS R. LONG PROTHONOTARY One Courthouse Square 0 Carlisle, Pennsylvania 17013 • (717) 240-6195