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Home My WebLink About99-058299 -le N L? I' J O? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. o f.?nyJ? e JOSEPHINE E. PATAEY Plaintiff No. 99-5629 VERSUS Defendant DECREE IN DIVORCE AND NOW, T IS ORDERED D DECREED THAT JOSEPHINE E. PATARY ,PLAINTIFF, AND STEVEN A. PATARY ARE DIVORCED FROM THE BONDS OF MATRIMONY. DEFENDANT, 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; NONE ATTEST: J. A, ?4 PROTHONOTARY ?Y 1.2 // l f9.,31 0? ll? JOSEPHINE E. PATAKY, Plaintiff V. STEVEN A. PATAKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5829 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 (X) Section 3301(c) ( ) Section 3301(d) of the Divorce Code. 2. Date and manner of service of the complaint: Personal Service - September 22, 1999 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by plaintiff, November 21003 by defendant, November, 003 (b)(1) Date of execution of plaintiff's affidavit required by Section 3301(d) of the Divorce Code: 4. Date: Related claims Rup1o and Meikle Attorney I.D. #34832 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Counsel for Defendant (b)(2) Date of service of plaintiffs affidavit upon defendant: % t \ t\\l -.1 N cJS?? x- ..i;a li- ?. fL J C:l tr!) C: " I . :S rr. Z c J u 11.10- G O U JOSEPHINE E. PATAKY, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. qq STEVEN A. PATAKY, Defendant. CIVIL ACTION-LAW IN DIVORCE NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. Your are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint of for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OF CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Court Administrator Cumberland County Courthouse Carlisle. Pennsylvania 17013 (717) 240-6200 o r C\+ r.r r r'= C?1 CO j Lr C4 cl- _ G n J J JOSEPHINE E. PATAKY, Plaintiff, V. STEVEN A. PATAKY, Defendant. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. y'F. S7-29 e -- __r z.. CIVIL ACTION-LAW IN DIVORCE COMPLAINT UNDER SECTION 3301 (c) OF THE DIVORCE CODE COUNTI Plaintiff is JOSEPHINE E. PATAKY, who currently resides at 23 Courtland Road, Camp Hill, Pennsylvania. 2. Defendant is STEVEN A. PATAKY, who currently resides at 23 Courtland Road, Camp Hill, Pennsylvania. 3. Plaintiff has been a bona fide resident of the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Pennsylvania. The Plaintiff and Defendant were married on January 28, 1993 in Lemoyne, 5. There have been no prior actions of divorce or for annulment between the Parties. 6. The marriage is irretrievable broken. 7. Neither Party is a member of the Armed Forces of the United States or any of its allies. 8. The Plaintiff has been advised of the availability of counseling and that either Party may compel the other by Order of the Court to attend counseling sessions. WHEREFORE, Plaintiff respectfully requests that your Honorable Court enter a Decree in Divorce under Section 3301(c) of the Divorce Code. COUNT It-EQUITABLE DISTRIBUTION 9. The Plaintiff incorporates by reference Paragraphs 1 through 8 of this Complaint for Divorce as fully set forth herein. 10. During the marriage, Plaintiff and Defendant have acquired various items of marital property, which are subject to equitable distribution under Section 3502 of the Pennsylvania Divorce Code of 1980, as will be fully set forth in the Plaintiffs Inventory and Appraisement to be filed pursuant to the Pennsylvania Rules of Civil Procedure. 11. Plaintiff and Defendant have been unable to agree as to an equitable distribution of marital property. WHEREFORE, Plaintiff requests your Honorable Court to equitably divide all marital property. COUNT III-CUSTODY 12. The Plaintiff incorporates by reference Paragraphs I through 11 of the Complaint for Divorce as fully set herein. 13. There was one (I) child born during this marriage, to wit: Thomas S. Pataky, bom January 31, 1994. 14. From birth to present the child has resided with the following persons and at the following address: Persons Address Dates Plaintiff & Defendant 23 Courtland Road Birth to Present Camp Hill, PA 17011 3 15. The Court of Common Pleas of Cumberland County, Pennsylvania, Family Division, has the sole and exclusive jurisdiction in this matter, pursuant to the Uniform Child Custody Jurisdiction Act, and the Commonwealth Child Custody Jurisdiction Act for the following reasons: a. Cumberland County, Pennsylvania, has been the child's home county for the six months preceding the commencement of the instant proceedings. b. It is in the best interest and welfare of the child that the Court of Common Pleas of Cumberland County, Pennsylvania, assume jurisdiction because the child has significant comiection with this jurisdiction, and there is available in this jurisdiction substantial evidence concerning the child's present or future care, protection, training and personal relationships. C. No other state has jurisdiction in this matter under the requirements of the Uniform Child Custody Jurisdiction Act and the Commonwealth Child Custody Jurisdiction Act. 16. The Plaintiff has not participated in any capacity whatsoever in any other litigation concerning the custody of Thomas S. Pataky, minor child in this or any other state. 17. The Plaintiff does not know of any other person other than the Defendant herein who claims to have custody or partial rights with the minor child. 18. The Plaintiff submits that it is in the best interest and welfare of the minor child that she be granted custody of the child, and that the Plaintiff can best provide the minor child with a more stable, healthful, religious and proper environment. WHEREFORE, Plaintiff prays that this Honorable Court grant custody of the minor child of the Parties to Plaintiff. COUNT III-ALIMONY AND ALIMONY PENDENTE LITE 19. The Plaintiff incorporates by reference Paragraphs 1 through 18 of the Complaint for Divorce as fully set forth herein. 20. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 21. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff requests Your Honorable Court to enter an award of alimony in her favor. Dated: Respectfully submitted, ROBINSON & GERALDO By: Gerald S. Robinson, Esquire Attorney I.D. # 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff 6 VERIFICATION I verify that the statements made in this Complaint 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 unswom falsification to authorities. JOSEPHINE E. PATAK LAINTIFF -4 M K-D U i.??•. G r •' I{? V ?J u.'' L: :nJ U_ JOSEPHINE E. PATAKY, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, V. NO. 99-5829 STEVEN A. PATAKY, Defendant. CIVIL ACTION-LAW IN DIVORCE PROOF OF SERVICE I, Gerald S. Robinson, Attorney for Plaintiff, do hereby certify that on the 24m day of September 1999, a true and correct copy of the Plaintiffs Complaint for Divorce was served on the following individual by restricted delivery, return receipt for merchandise and certified mail. The Acceptance of Service is evidenced by "Exhibit One" (attached). Steven A. Pataky 23 Courtland Road Camp Hill, PA 17011 Respectfully submitted, ROBINSON & CERALDO By: Gerald S. Robinson, Esquire Attorney I.D. No. 27423 4407 North Front Street P.O. Box 5320 Harrisburg, Pennsylvania 17110-5320 (717) 232-8525 Attorney for Plaintiff g SENDER: m O Carnp,e flame 1 Wdor 21., additional earn,,. Compel. (lame 3, 0a, amf ab. 0 Print your name and address on the reverse of true form so trust wa cartrelum thus card to you. 0 0 ApermeaWfl. this form to Ibe from of trn meilpsce, or on we backif space does not O 0 Wdle'Return Receipt Reeu.sfed• on the mailpeoe below the arliUa number. C] The Return Reuipt wilt show to whom the aside w, delivered and the date o delivered. I also wish to receive the follow. ing services (for an extra fee): t- 11 Addressee's Address 2. IARestricted Delivery "E 3. Article O l0/7/1!A(QA??n 4a.A IcI lN tuber U`.'__' ? Reg(IS-ill] ed Pe )rCedilled press Mail Insured elurn Receipt for Memhantllse ?CDD 7. Date I Deliv ry yf S,FiyFd By: (Print N ^ S. Adtlressee's Address (onry IT requested and lee is paid) r; kY u U. Sig re (Addressee or Agen N ?? a 91 PS Fonn 3811, December 1994 102595-W a-0223 Domestic Return Receipt Exhibit of _Rn c e ' f 0 m IS 1 IJJ .?? r; h l'7 69 ?:L Cf ui :.J JOSEPHINE E. PATAKY, Plaintiff V. STEVEN A. PATAICY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 99-5829 : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under § 3301 ( c ) of the Divorce Code was filed on September 22, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of Intention to request entry of the decree. 1 verify that the statements made in this affidavit are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ? U J J EPHINE E. P ; Plaintiff 3 N l - i. '1 Z Cx. Z `L Fy Lc., O M d JOSEPHINE E. PATAKY, Plaintiff V. STEVEN A. PATAKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5829 : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 8 3301 ( c LAND 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that 1 may lose rights concerning alimony, division of properly, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. 1 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. 1 verify that the statements made in this affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ? l/ Date: // JOS PHINE E. PATAKY` aintiff r- ?? Z U ?. aj j r, LQ al p, C 3 O 1 ^I JOSEPHINE E. PATAKy, . IN THE COURT OF COMMON PLEAS Plaintiff . CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO. 99-5829 STEVEN A. PATAKY, Defendant IN DIVORCE COUNSELING AFFIDAVIT 1. 1 have been advised of the availability of marriage counseling and understand that 1 may request that the Court require that my spouse and I participate in counseling. 2. 1 understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, 1 do not request that the Court require that my spouse and I participate in counseling prior to a divorce decree being handed down by the Court. 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: o?i U JOS P INE E. PA tiff__ .. ?a Il. ~ F L G sr C N r: f tJ - CZ Mu i n - G? G }" ? 5 O „ni JOSEPHINE E. PATAKY, Plaintiff V. STEVEN A. PATAKY, Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, : PENNSYLVANIA : NO. 99-5829 : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under § 3301 ( c ) of the Divorce Code was filed on September 22, 1999. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 1 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. § 4904 relating to unsworn falsification to authorities. Date: 1/ - Zl - 0 3 S2&? TEVEN A. PATAKY, Defendai ?Il n f ) _) _._ '. •.J i _ - .I ) .? - J -,.. ..? ..vy/M•. JOSEPHINE E. PATAKY, Plaintiff V. STEVEN A. PATAKY, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 99-5829 . IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301 ( c ) AND 3301 (d) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if 1 do not claim them before a divorce is granted. 3. 1 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. § 4904 relating to unsworn falsification to authorities. Date: 11-2-1- 03 ?- STEVEN A. PATAKY, Defendaq L; ?\' t ? ? ?, i.': _ .-I r ??, l i - I: ?.. ' J ? i:.. .J _, U JOSEPHINE E. PATAKY, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, : PENNSYLVANIA V. : NO. 99-5829 STEVEN A. PATAKY, Defendant IN DIVORCE COUNSELING AFFIDAVIT 1. 1 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. 1 understand that the Court maintains a list of marriage counselors in the Domestic Relations Office, which list is available to me upon request. 3. Being so advised, 1 do not request that the Court require that my spouse and 1 participate in counseling prior to a divorce decree being handed down by the Court. 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: /?- 2/- 03 '!?'7 z STEVEN A. PATAKY, Defendant l C . J LLI - _J U SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. SECTION 4304.1(a)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBER PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: December 4. 2003 DOCKET NUMBER: 99-5829 PLAINTIFF/PETITIONER SS# 184-48-8850 NAME: JOSEPHINE E. PATAKY DEFENDANT/PETITIONER SS# 192-56-0694 NAME: STEVEN A. PATAKY Dup. %.ouri RAP. no.: 4980L 355 North 21 st Street, Suite 205 Camp Hill, PA 17011 (717) 761-3459 Attorney for Defendant JOSEPHINE E. PATAKY, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff, v. STEVEN A. PATAKY, NO. 99-5829 Defendant. CIVIL ACTION-LAW IN DIVORCE INVENTORY AND APPRAISEMENT AND INCOME AND EXPENSE STATEMENT Plaintiff files the following Inventory and Appraisement of all property owned or possessed by either party at the time this action was commenced and all property transferred within the preceding three was commenced and all property transferred within the preceding three years. Plaintiff verifies that the statements made in this Inventory and Appraisement are true and correct. Defendant understands that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904, relating to unswom falsification to authorities. PH ME E. PAT KY, Plaintiff f ASSETS OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the assets on the t'ollowing pages. If an item has been appraised, a copy of the appraisal report is attached. I. Real Property X 2. Motor Vehicles X 3. Stocks, bonds, securities and options 4. Certificates ot'deposit X 5. Checking accounts, cash X 6. Savings accounts, money market and savings certificates 7. Contents ol'Satc Deposit Boxes a: cs;,r 8. Trusts '-A a ;N X 9. Life Insurance policies (indicate face value, cash value and current beneficiaries) 10. Annuities 11. Gifts 12. Inheritances 13. Patents, copyrights, inventions and royalties 14. Personal property outside the home 15. Businesses (list all owners, including percentage of ownership, and officer/director positions held by a party with company) 16. Employment termination benefits-severance pay, Workman's Compensation claim/award 17. Profit sharing plan 18. Pension plans (indicate employee contribution and date plan vests) 19. Retirement plans, Individual Retirement Accounts 3 20. Disability payments 21. Litigation claims (matured and unmatured) 22. Military/V.A. benefits 23. Education benefits X 24. Debts due, including loans, mortgages held 25. Household furnishings and personalty (include a total category and attach itemized list if distribution of such assets is in dispute) 26. Other MARITAL PROPERTY Plaintiff lists all marital property in which either or both spouses have a legal or equitable interest individually or with any other person as of the date this action was commenced: Item Description Names of Date of Number of Property all Owners Acquisition 2 1998 Mercury Sable Josie 3 401(k) stock Josie 18 Pension plan Josie Not until at job 5 years 5 Checking account Josie 6 Savings account Josie 24 American Express Josie 24 Sears Josie 24 Sears Plus Josic 5 LIABILITIES OF PARTIES Plaintiff marks on the list below those items applicable to the case at bar and itemizes the liabilities on the following pages. Secured 1. Mortgages 2. Judgments 3. Liens 4. Other secured liabilities Unsecured X 5. Credit card balances 6. Purchases 7. Loan payments G 8. Notes payable 9. Other unsecured liabilities Contingent or Deferred 10. Contracts or Agreements 11. Promissory notes 12. Lawsuits 13. Options 14. Taxes 15. Other contingent or deferred liabilities LIABILITIES Plaintiff lists all liabilities of either or both spouses, alone or with any person, as of the date this action was commenced: Number of Liability Creditors Description Debtors Amount 5 American Express Credit Card Josie $8300.00 5 Sears Credit Card Josie $3200.00 5 Sears Plus Credit Card Josie $500.00 8 Child Care : a. Court-Ordered Support----------------- $589.57 b. Day Care ------------------------------------ $0.00 Spousal Support: a. Court-Ordered Support -------------------$75.00 Education: a. Private School for Child -----------------$76.00 TOTAL MONTHLY EXPENSES $2188.14 Monthly Income Employer Name: -------------------------------------Sears and Roebuck and Company 3595 Capital City Mall Camp Hill, PA 17011 Employment: Gross ----------- $2158.64 Net ------------- $1616.46 Dated: ;2 -..6-1--000 FINANCIAL STATEMENT OF DEFENDANT Monthly Expenses Shelter : a. Mortgage or Rent ----------------------- 5495.00 b. Sewer/Water -------------------------------$0.00 C. Electric .-------------------------------------$50.00 d. Heat/Oil -------------------------------------$0.00 Transportation a. Auto Loan payments ------------------- $369. 54 b. Auto Insurance ---------------------------556. 00 C. Auto Expenses ----------------------------540. 00 d. Travel Expenses --------------------------560. 00 Medical Care/Insurances a. Life Insurance ----------------------------- 522 .00 b. Medical Insurance --------- ------------- $108 .00 C. Renters Insurance ---------- --------------- S10 .00 d. Dental Insurance ----------- ---------------510 .60 9 Clothint : a. Self& Kids ------------------------------ S250.00 b. Gifts, etc------------------------------ -----525.00 C. Dry Cleaning ------------------------------S 15.00 Food: a. Self and children ------------------------ $150.00 b. Household Supplies ----------------------525.00 Loans/Notes a. Home Equity -------------------------------- 50.00 b. American Express ---------------------- $200.00 C. Personal Loan ----------------------------- $0.00 d. Sears ----------------------------------------$50.00 e. Sears Plus ----------------------------------S50.00 Miscellaneous : a. Entertainment ------------------------------ S77.00 b. Barber/Beautician------------------------ $40.00 C. Contributions ----------------------------- S44.00 10 d. Phone ---------------------------------------$65.00 Child Care : a. Court-Ordered Support ----------------- 5589.57 b. Day Care ----------------------------- $0.00 Spousal Support: a. Court-Ordered Support -------------------S75.00 Education: a. Private School for Child -----------------$76.00 TOTAL MONTHLY EXPENSES $2288.14 Monthly Income Employer Name: -------------------------------------Sears and Roebuck and Company 3595 Capital City Mall Camp Hill, PA 17011 Employment: Gross ----------- $2158.64 Net ------------- 51616.46 Dated: 3 - I - d.0 O O t?. U IJ .f (717) 232-8525 J, •: • .• P.O. Box 5320, HARRISBURG. P NNSYLVANIA 17110-5320 CERTIFIED TRUE AND CORRECT COPY