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HomeMy WebLinkAbout03-0824FRANK R. EGRESITZ, JR., Plaintiff V$o LEA. EGRESITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. o y_' CML ACTION - LAW IN DIVORCE AND CUSTODY NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the pages, you must take prompt action. You arc warned that if you fail to do so, the case may 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 at the Cumberland County Court House, One Courthouse Square, Carlisle, Pennsylvania 7013. 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 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FRANK R. EGRESITZ, JR., Plaintiff VS. MICHELE A. EGRESITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. C/VIL ACTION. LAW 1N DIVORCE AND CUSTODY AVISO P~ARA DEFENDER y RECLAMAR DERECHOS USTED HA S/DO DEMANDADO EN LA CORTE. Si desea defenderse de las quejas expuestas en/as p~iginas siguientes, debe tomar acci6n con prontitud. Se le avisa que si no se defiende, el caso puede proceder sin usted y decreto de divorcio o anulamiento puede set emitido en su contra por la Cone. Una decisi6n puede tambi6n ser emitida en su contra pot cualquier otra queja o compensaci6n reclamados por el demandant. Usted puede perder dinero, o propiedades u otros derechos importantes para usted. Cuando la base para el divorcio es indignidades o rompimiento irreparable de/matrimonio, usted puede solicitar consejo matrimonial. Una lista de consejeros matrimoniales est~i disponible en la oficina del Prothonotry, en la Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania. SI USTED NO RECLAMA PENSION ALIMENTICIA, PROPIEDAD MARITAL HONORARIOS DE ABOGADO U OTROS GASTOS ANTES DE QUE EL DECRETO FINAL DE DIVORCIO O ANULAMIENTO SEA EMITIDO, USTED PUEDE PERDER EL DERECHO A RECLAMAR CUALQUIERA DE ELLOS. USTED DEBE LLEVAR ESTE PAPEL A UN ABOGADO DE INMEDIATO. SI NO TIENE O NO PUEDE PAGAR UN ABOGADO, VAYA O LLAME A LA OFICINA INDICADA ABA JO PARA AVERIGUAR DONDE PUEDE OBTENER ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 (717) 249-3166 FRANK R. EGRESITZ, JR., Plaintiff VS. A. EGRESITZ, Defendant : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA. · ' NO.c J_ : CIVIL ACTION. LAW : /N DIVORCE AND CUSTODY COMPLAINT UNDER SECTION 3301 C OF THE DIVORCE CODE COUNT I /v ~aintiff, Frank R E ....: ...... · ,20~03, come · ~t~tz, Jr., oy l~lS attorney,~ ---- s the upon a cause o0~:~_ A,,...~. L ..... - .......... ~, ~sqmre, at, les this Complaint of,,~,,,, m wmcn me roi/owing is a statement' - -' ' . ' 1. Plaintiffis Frank R. Egresitz, Jr., 29 years of age, who currently resides at 3 Rosedale Avenue, Middletown, Dauphin County, Pennsylvania, 17057. 2. Defendant is Michele A. Egresitz, 28 years of age, who currently resides at 1378 Grandview Court, Carlisle, Cumberland County, Pennsylvania, 17013. 3. Plaintiff and Defendant have both resided in the Commonwealth of Pennsylvania for at least six (6) months prior to the filing of the Complaint in Divorce. 4. The Plaintiff and Defendant were married on March 13, 1993 in Harrisburg, Pennsylvania by a Minister. 5. There were two children born between the parties; Evan Egresitz, age 10, was born prior to the marriage on May 15, 1992, and Brittany Egresitz, age 8, was born during this marriage on April 11, 994. 6. There were no prior actions in divorce or annulment commenced by the parties. 7. The parties have not entered into a written agreement as to alimony, counsel fees, cost and property division· 8. The Plaintiff has been advised of the availability of counseling and that the Plaintiff may have the right to request that the Court require the parties to Participate in counseling. 9. While the parties were domiciled within the Commonwealth of Pennsylvania, and through fault of Plaintiff, the innocent and injured spouse, the Defendant, in violation of the marriage VOWs and the laws of the Commonwealth, has offered such indignities to the person of the Plaintiffas to render his condition intolerable and life burdensome. WHEREFORE, the Plaintiff'prays your Honorable Court to enter a Decree of Divorce from the bonds of matrimony. COUNT II 10. The allegations of Paragraph one (!) through nine (9) are incorporated herein by reference and made a part hereof. 1 I. The marriage is irretrievably broken. WHEREFORE, the Plaintiff prays your Honorable Court to enter a Decree of Divorce from bonds of matrimony. COUNT III 12. The allegations of Paragraph one (1) through nine (9) and Paragraphs ten (l 0) and eleven (1 l) are incorporated herein by reference and made a part hereof. 13. Plaintiffand Defendant have acquired property, both real and personal during their marriage. 14. Plaintiffand Defendant have been unable to agree as to an equitable division of said property. WHEREFORE, Plaintiffrequests your Honorable Court to equitably divide all marital property of whatsoever kind and wheresoever situate and for such further relief as the Court may deem equitable and just. COUNTY IV C-~OMPLIANT FOR CUSTODY 5. The Plaintiff seeks physical custody for purpose of visitation and joint legal custody of the following children, Evan Egresitz, age 10 years, born May 15, 1992 and Brittany Egresitz, age 8, born April 11, 1994. 16. The oldest child, Evan, was born prior to the marriage but paternity is accepted, the :i, Brittany, was born during this marriage. 17. The children are presently in the custody of Defendant. 18. The children have resided with the following people at the following addresses: From date of birth to October 28, 2002 at 411 Market Street, Mechanicsburg, PA 17055 with both Plaintiff and Defendant From October 28, 2002 to date at 1378 Grandview Court, Carlisle, PA 17013 with Defendant 19. The relationship of the Plaintiffto the children is that of natural father. 20. The relationship of the Defendant to the children is that of natural mother. 21. The Plaintiff has not Participated as a party or as a witness, or in any other capacity, in other litigation concerning the custody of these children in this or any other Court. 22. The Piaintiffhas no information of a custody proceeding concerning the children pending in any other court within this Commonwealth. 23. The Plaintiff knows of no other persons, not a party to these proceedings, who has visitation or custody rights with respect to the children. 24. The best interest and Permanent welfare of the children will be served by granting the Plaintiff physical custody for purpose of visitation and joint legal custody because the Plaintiff wishes to maintain as good relationship with the children and he is able to provide a good environment and proper care of the children. WHEREFORE, the Plaintiffrequests your Honorable Court to grant him joint legal custody and physical custody for the purpose of visitation of the subject children and primary physical custody to the Defendant and that she shall not remove the children from the jurisdiction of the Pennsylvania Courts. { / 54..8_ S. Baltimore Street ~// Dillsburg, PA 1701~-~ (717) 432-4514 1,1 VERIFICATION ! verify that the statements made in this Complaint arc true and correct. ! understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to un-sworn falsification to author/ties. Date: COMMONWEALTH OF PENNSYLVANiA COUNTY OF YORK Frank R. Egres~ · S.S Before me, the undersigned officer, a Notary Public, in and for the said Commonwealth and County, Personally appeared Frank R. Egresitz, Jr. who, being affirmed according to law, deposes and says that the facts and matters set forth in the foregoing Complaint are true and correct to the best of his knowledge, information and belief. Sworn to and subscribed before me this ~ day of 2003. Notary Public FRANK R. EGRESITZ, JR. PLAINTIFF MICHELE A. EGRESITZ DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-824 CIVIl, ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Thursday, March 06, 2003 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Jacqueline M. Verney, Esq. , the conciliator, at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, March 25, 2003 at 9:30 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. All children are 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 lwior to scheduled hearing. FOR THE COURT, By: /s/ ]acqueline M. Verney, Esq. 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 FRANK R. EGRESITZ, JR., : Plaintiff : : VS. : MICHELE A. EGRESITZ, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03-824 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE AND CUSTODY AFFIDAVIT OF SERVICE AND NOW, this y of .~' ~;'./~.~r~_~ , 2003 personally appeared Jane M. Alexander, Esquire who swea/rs aCC°I.ding to law, that a true and correct copy of a COMPLAINT IN DIVORCE AND CUSTODY was caused to be served by certified mail with return receipt requested upon the said, Michele A. Egresitz 1378 Grandview Court Carlisle, PA 17013 on March 3, 2003 by leaving the same at the Dillsburg Post Office with postage pre-paid thereon as evidenced by the mailing receipt and return receipt hereto attached and made a part hereof. ~/aI~fi~. Alexande~squire~ //Att~rne, y I.D. #07c355 14/8 S. Baltimore Street ~illsburg, PA 17019-0421 '(717) 432-4514 Sworn and subscribed before me this /02- ~ day of F'~4 A~4- ,2003. Notary Public Notarial Seal Halved E. Alexander, Notary P~blic I . _m~.b~ Bo~o, York cou~u, I ~y comrmsston Expires Apr. 23, 200S ] FRANK R. EGRESITZ, JR., Plaintiff VS. MICHELE A. EGRESITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO. 03-824 CIVIL TERM CIVIL ACTION- LAW 1N DIVORCE AND CUSTODY SERVICE m m"~' ~ Certified Fee [ ~ Return Receipt Fee I. rl (]~dorsement Required) r"n F~ricted Delivery Fee r"'3 (E'hdorsernent Required) 1::::3Tota Postage & Fees m u3 I Sent To ~; .-./~&~/.'~/~'~:'~/b:Y'~/:f-b~"~,: .................... : ................................. c3 [aii;;'~i~'Fe','~£~'+';i ........ 'Z ............................................................... 1 r,- ~ PA qo IS · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card. to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I/vi;&e.l A. e3r s - 2. Article Number (Copy from service label) 7000 1530 000.¢ 3423 1(~4, PS Form 3811, July 1999 ~Tg~a'ture- -%J - 2 D. is detN~ ~d~]~9 ~m~m 17 D Y~ ~ If YES. enter deliv~ address ~low: ~ No ~ 3. Service Type /~,,Certified Mail ri Mail Express [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) ~l~Yes Domestic Return Receipt 102595-00-M-0952 FRANK R. EGRESITZ, JR., Plaintiff Ve MICHELE A. EGRESITZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 2003-824 CIVIL TERM : CIVIL ACTION - LAW : : IN CUSTODY ORDER OF COURT day of ., 2003, upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Frank R. Egresitz, Jr., and the Mother, Michele A. Egresitz, shall have shared legal custody of Evan Egresitz, born May 15, 1992 and Brittany Egresitz, bom April 11, 1994. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding their health, education and religion. 2. Mother shall have primary physical custody of the Children. o follows: Father shall have periods of partial physical custody of the Children as a. Beginning April 4, 2003, alternating weekends, Friday at 10:30 p.m. to Sunday at 6:00 p.m. b. Two non-consecutive weeks in the summer, provided Father give written notice to Mother by June 1 of ew~ry year. c. Every weekday during summer vacation from 8:00 a.m. to 1:30 p.m. d. Such other times as the parties agree. 4. Transportation shall be shared such that the parties will exchange custody at Father's work place, unless otherwise agreed by the parties. 5. Holidays: ao Christmas shall be divided into two Blocks. Block A shall be from Christmas Eve at 12:00 noon to Christmas Day at 12:00 noon. Block B shall be from Christmas Day at 12:00 noon to December 26 at 12:00 noon. Mother shall always have Block A and Father shall always have Block B. b. Thanksgiving shall be shared with Father always having 9:00 a.m. to 3:00 p.m. and Mother always having 3:00 p.m. to 9:00 p.m. c. Easter shall be shared with Mother always having 9:00 a.m. to 3:00 p.m. and Father always having 3:00 p.m. to 9:00 p.m. d. ZO/lh~;wSah~lsl l~vWeatY~h~l~l ~rUeStnOodnY ~etlhe Children on July 4th; Father morial Day and Labor Day. e. Mother shall always have the Children on Mother's Day; Father shall always have the Children on Father's Day. 6. This Order was entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. Jo cc: Jane M. Alexander, Esquire - Counsel for Father Lindsay Dare Baird, Esquire, Counsel for Mother ~ FRANK R. EGRESITZ, JR., Plaintiff MICHELE A. EGRESITZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : 2003-824 CIVIL TERM : CIVIL ACTION - LAW : IN CUSTODY PRIOR JUDGE: None .CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME Evan Egresitz Brittany Egresitz DATE OF BIRTH May 15, 1992 April 11, 1994 CURRENTLY IN CUSTODY OF Mother Mother 2. A Conciliation Conference was held in this matter on March 25, 2003. Father, Frank R. Egresitz, Jr., was present with counsel, Jane M. Alexander, Esquire, and Mother, Michele A. Egresitz, was present with counsel, Lindsay Dare Baird, Esquire. 3. The parties agreed to an Order in the form attached. $ S--oS Date Idcq(ldline M. Vemey, Esquire Custody Conciliator FRANK R. EGRESITZ Plaintiff VS. MICHELE A.EGRESITZ, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. : NO. 03-824 : : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on FEBRUARY 26, 2003. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit 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. Michele A. Egresitz ~ FRANK R. EGRESITZ Plaintiff VS MICHELE A. EGRESITZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. CIVIL ACTION-LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301 (C) OF THE DIVORCE CODJ 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sero to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit, 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. Michele A.Egresitz FRANK R. EGRESITZ Plaintiff VS. MICHELE A. EGRESITZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 03 824 CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on November 20, 2002. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. I verify that the statements made in the Affidavit 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: Frank R. Egresitz FRANK R. EGRESITZ Plaintiff VS MICHELE A. EGRESITZ Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA. NO. 03 824 : CIVIL ACTION-LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER CODE SECTION 3301(C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit, 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: 1~-9.>'0% ' rank R.Egrc4itz- j J ' FRANK R. EGRESITZ, JR. PLAINTIFF VS. MICHELE A. EGRESITZ, DEFENDANT : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, PA : NO. 03-824 CIVIL : : CIVIL ACTION - LAW : IN DIVORCE PRAECIPE TO TRANSMIT RECORD To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: w__as se:Ct certified mail, restricted d_elivery on Februar,/27, 2003 and was served to the Defendant_on March 3, 2003_ 3. (Complete either paragraph (a) or (b).) (a) Date of execution of the affidavit of consent require by §3301(c) of the Divorce Code: by' PlaintiffDecember 8, 2003; by defendant November ~6, 200't. N/A: (b) (l) Date of execution of the affidavit required by §3301(d) of the Divorce Code: (2) (a) Date of filing of Plaintiff's affidavit upon respondent: N/A. (b) Date of service of the plaintiffs affidavit upon the defendant: N/A_. 4. Related claims pending: _All claims are settled and satisfied by verbal agreement between both parties. -- 5. (Complete either (a) or (b).) (a) Date and manner of service of the notice ofinten6on to file Praecipe to transmit record, a copy of which is attached: (b) Date Plaintiff's Waiver of Notice in Divorce was filed with the Prothonotary: December 10. 2003. (c) Date Defendant's Waiver of Notice in Divorce was fined with the Prothonotary: IN THE COURT OF COMMON VERSUS OFCUMBERLANDCOUNTY STATE Of ~~ PENNA. PlEaS NO. 03-824CIVH, DECREE IN DIVORCE AND N O W, ~__..i~~'__ DECREED THAT PLAINTIFF, AND __, DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT YET BEEN ENTERED;