I live in PA. My ex and I separated January 2008 due to physical/emotional verbal abuse. He ran off with my kids to his mothers in NJ and would not allow me to see them for almost 8 months threatening to run away with them if I filed for custody. I have had a protection from abuse from him that has been extended several times and expires April 2011. After 8 months his mother called DYFS becaue his behavior to her and the children was also unbearable. DYFS had concerns and filed with the court in NJ and joint custody was then granted to my mother in law and myself with my ex ordered to have NO contact with the children. I asked the court to allow my children to live with my mother in law as I was going back to school and when I finished and obtained employment the children would return to live with me in PA. After the children came home to me I then filed for divorce/custody January 2010 in PA. I sent the paperwork to my exes then attorney, and mailed them certified to him. The ones I mailed paperwork for the divorce/custody in the same envelope to him and it came back refused, and the attorney sent me notice that after reading the petiton decided PA had jurisdiction and they advised him to seek PA counsel. He DID show up for the CUSTODY hearing that the court ordered BUT he never answered the divorce petition.I maile dit out 3 times in a 6 month period and after no repsonse I then filed for default divorce but was denied because the judge said I did not send the papers "restricted to adressee only". Now all of a sudden his new attorney calls and said that they were filing a response 6 months AFTER the last time I mailed them! A week later I received notice that his petition for relief was GRANTED and the hearing is on Jan 25th. Can they do this after he never responded before? He wants his belongings that he was SUPPOSED to have removed by May 12th 2008 as per the order of protection when he was evicted but he never came to get it. The house is in foreclosure and up for sherriff sale Feb 24th as he never helped contribute payments after he left and I couldn't modify loan with out his signature (I mailed paperwork but they came back). We have no joint debt other than the house. Is he still entitled to ask for releif after all this time?

He can ask, whether the court grants it is another matter.

Thank you for the response. One other thing that concerns me is the day I asked him to leave because I could no longer take the abuse he refused to leave without me writing up a separation agreement and signing it. I refused but the stood over me threatening to hurt me if I did not pick up the pen and paper and write what he dictated. In it he has me paying all the financials the mortgage, utility bills, etc. I wrote it because I was in fear of him hitting me, before he left he asked me to come in the garage to inventory some things he would be back for, while there he threw me across the garage hurting my shoulder and hand. I called 911 he left ASAP. This was the basis for the initial order of protection being instated, in the last 3 years he violated in 3 times which is why it kept being extended. His lawyer indicated when he called that they were filing petition in response to the divorce (a year later) so my ex could get his belongings listed in the "separation agreement that i signed"(that he was ordered to do BY may 12th 2008 as per the Order of protection). I explained to his attorney that I was forced to wrote and sign the separation agreement and that it was NEVER notarized or filed with a court and subsequently the Protection from abuse was given to me. I am concerned that his attorney is trying to make this agreement part of our divorce and somehow hold me liable for the house going into foreclosure the last 3 years. My defense of course will be that it was written and signed under duress, there is still an active PFA showing there has been abuse, and that HE is on the mortgage and at any time could have made payments to keep the home out of foreclosure. I tried sending him mail regarding the house but it came back refused from his PO box and moved no forwarding address from the last known address I had for him (as did the divorce paperwork). Now as I stated earlier the COURT denied my petition for default divorce saying I did not serve him properly . Well, if he was NOT served properly in the beginning HOW is he responding to the divorce petition NOW? In my eyes he WAS served because his former attorney gave him the paperwork (thats how he was able to appear for the custody hearing) and he simply chose not to respond to the divorce part. PA code says the defendant has 20 days to respond. It is well past that time frame.

You should have repudiated the "separation agreement" immediately. But you can point all of this stuff out to the court.