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HomeMy WebLinkAbout03-5116CRICKET M. KRICK, Plaintiff VS. HARRY O. KRICK, Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. o3 CIVIL ACTION - DIVORCE . NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend yourself 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 in divorce or annulment may be entered against you for any claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including visitation of your children. When the grounds for divorce is indignities or irretrievable breakdown of the marriage, you may request counseling. A list of marriage counselors is available in the office of the Court Administrator, Fourth Floor, Cumberland County Courthouse, Carlisle, PA. 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 A 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 COURT ADMINISTRATOR'S OFFICE Fourth Floor, Cumberland County Courthouse One Courthouse Square Carlisle, PA. 17013 (717) 240-6200 CRICKET M, KRICK, Plaintiff HARRY O. KRICK, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE Complaint in Divorce AND NOW this ~ day of September, 2003 comes Plaintiff CRICKET M. KRICK, by and through her fittomey, John M. Glaee, Esquire, and seeks to obtain a Divorce upon the grounds hereinafter more fully set forth; 1. The Plaintiff CRICKET M. KRICK is adult individual who resides and has resided for all times relevant to this Action at 115 South George Street, Borough of Meehanicsburg, Cumberland County, Pennsylvania 17055 2. The Defendant HARRY O. KRICK is an adult individual who resides and has resided for all times relevant to this Action at 115 South George Street, Borough of Mechanicsburg, Cumberland County, Pennsylvania 17055 3. Plaintiff and Defendant were married in Enola, Cumberland County, Pennsylvania on August 10, 1990. 4. Both Defendant and Plaintiffhave been continuous residents of the Commonwealth Pennsylvania for more than six (6) months. 5. There have been no prior actions for Divorce or Annulmem between parties in Pennsylvania or any other jurisdiction. 6. Defendant and Plaintiff have one child, Owen O. Krick ( dob: 1/28/91). Mother will retrain primary custody. 7. Neither party is a member of the United States Armed Forces nor of any of its allies. 8. Defendant has been advised of the availability of counseling and his right to request that this Honorable Cott~ require both parties to participate in counseling. 9. Plaintiffavers that the maniage is irretrievably broken to Section 3301 (c) of the Pennsylvania Divorce Code, Act 206 of 1990. WHEREFORE PlaintiffCRICKET M. KRICK respectfully prays this Honorable Court enter a Decree from the bonds of matrimony COUNT II EQUITABLE DISTRIBUTION 10. Paragraphs one (1) through nine (9) are incorporated herein and made part hereof as if set forth in full. 11. During the marriage, the Plaintiff and Defendant have acquired various items of marital property, both real and personal, which are subject to Equitable Distribution under Section 401 of the Divorce Code of 1980. WHEREFORE, Plaintiff CRICKET M. KRICK respectfully prays this Honorable Court order that the marital property of the parties be subject to Equitable Distribution by the Court RESPECTFULLY SUBMITTED. THE LAW OFFICE of JOHN M. GLACE J~~. ~l~e, Esquire The La~li~ of John M. Glace 13~1~[ Walnut Street Harrisburg, PA 17101-1612 (717) 238-5515 Supreme Court ID# 23933 VERIFICATION I verify that the statements made in the foregoing Complaint in Divorce are tree and correct to the best of my understanding and belief. I understand that false statements herein are made subject to the penalties provided by 18 Pa. CSA, Section 4904, relating to unswom falsification to authorities. Date: Cricket M. Krick ('3 ~-~ SHERIFF'S RETURN - CASE NO: 2003-05116 P COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND KRICK CRICKET M VS KRICK HARRY O REGULAR CPL. MICHAEL BARRICK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - DIVORCE was served upon KRICK HARRY 0 DEFENDANT at 2107:00 HOURS, at 115 SOUTH GEORGE ST MECHANICSBURG, PA 17055 HARRY KRICK a true and attested copy of COMPLAINT - DIVORCE the on the 30th day of September, by handing to together with law, 2003 and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18 00 6 90 00 10 00 00 34 90 Sworn and Subscribed to before me this ~ ~ day of ~ ~g%~3 A.D. So Answers: .~r i0/01/2003 CRICKET KRICKtF/ CRICKET M. KRICK, Plaintiff Vo HARRY O. KRICK, Defendant THE COURT O.F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 03-5116 C1VIL TERM : CIVIL ACTION' - LAW : IN DIVORCE PETITION I~OR REI,ATED CI ~AIM'8 PIIR~IIANT TO PA.R.C.P. 1020,1 .~(h) AND NOW, comes the Defendant, Harry O. Krick, by and through his attomey, Jeann6 B. Costopoulos, Esquire, and respectfully represems as follows in support of this Petition: 1. The Petitioner is the Defendant above-named. 2. The Respondent is the Plaintiffabove-named. 3. The Plaintiff and Defendant were married on August 10, 1990. 4. There is one dependent child from the marriage of Plaintiff and Defendant, namely, Owen O. Kriek, bom January 28, 1991 5. Plaintiff filed a Complaint in Divorce to the above caption ~md number on September 26, 2003. COl[NIT 1 - CI[~Tf}nY 6. Paragraphs one (1) through five (5) are incorporated herein by reference as though fully set forth. 7. The Defendant seeks partial physical and shared legal custody of the following child: Owen O. Kfick unknown 12 years DOB 1/28/91 8. The child named above is presently in the custody of his natural mother, Plaintiff, Cricket M. Krick, whose current residence is unknown to Defends'mt. 9. For the past five (5) years, the child has resided with the following persons and at the following addresses: Name Cricket M. Krick (Plaintiff) Cricket M. Krick (Plaintiff) Harry O. Krick, Jr. (Defendant) Addre~ unknown 115 South George St. Mechanicsburg, PA 17055 9/23/03 to present 1998 to present 10. The mother of the child is Cricket M. Krick, Plaintiff, whose current residence is unknown. The father of the child is Defendant, Petitioner herein, Harry O. Krick, Jr. 11. Plaintiff and Defendant are married to each other and the cIdld was not bom out of wedlock. 12. The relationship of the Plaintiff to the child is that of nattrral mother. It is unknown with whom Plaintiff currently resides in additional to the subject child. The relationship of the Defendant to the child is that of natural father. Defendant currently resides alone. 13. Defendant has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. 14. Defendant does not know of a person not a party to the proceedings who has physical custody of child or claims to have physical custody or visitation rights with respect to the child. 15. The best interests and permanent welfare of the child will be served by granting the relief requested because: (a) Defendant is the father of the child and has lived with the child since birth. (b) Defendant has bonded with the child over the past 12 years while married to and residing with Plaintiff. (c) The child would benefit if his father were to obtain a partial physical custody schedule. (d) Defendant has not seen his son since Plaintiffleft on September 23, 2003. 16. Each parent whose parental rights to the child have not been terminated and the person who has physical custody of the child have been named as; parties to this action. No other persons are known to have or claim a right to custody or visitation of the child to be given notice of the pendency of this action and the right to intervene WHEREFORE, Defendant respectfully requests that he, be granted shared legal and partial physical custody of his son. RESPECTFULLY SUBMITTED: ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 2.02 Mechanicsburg, PA 170:55 Phone: (717) 790-9546 Supreme Ct. ID No. 687215 CRICKET M. KRICK, Plaintiff HARRY O. KRICK, Defendant THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No: 03-5116 CIVILTERM CIVIL ACTION - LAW IN DIVORCE CERTIFICATE OF ,qI~RVI(~E I, Jeann~ B. Costopouios, Esquire, hereby certify that I mn this day serving a copy of the foregoing document upon the person, and in the manner, indicated below, which service satisfies the requirements of the PA Rules of Civil Procedure by depositing a copy of the same with the United States Post Office at Mechauicsburg, Pennsylvania, through first class mail, prepaid, and addressed as follows: John M. Glace, Esquire 132-134 Walnut Street Harrisburg, PA 17101-1612 Dated: BY: Jeann6 B. Costopoulos, iEsquire ATTORNEY FOR DEFENDANT 5000 Ritter Road, Suite 202 Mechanicsburg, PA 17055 Phone: (717) 790-9546 Supreme Ct. ID No. 68735 CRICKET M. KRICK PLAINTIFF V. HARRY O. KRICK DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 03-5116 CIVIL ACTION LAW : : IN CUSTODY ORDER OFCOURT AND NOW, Thursday, October 23, 2003 , upon con:3ideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the concili at 39 West Main Street, Mechaniesburg, PA 17055 on Wednesday, November 19, 2003 at 10:00 for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard big the court, and to enter into a temporal order. All children age five or older may also be present at the conference. Failure to appear at the conference ma 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. Sunday, Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American 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 schedule 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 TIlE 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 ttor, M CRICKET M. KRICK, Plaintiff VS. HARRy O. KRICK Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5116 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, this ~ ~ da, of ~1 /~tJ. n / consideration of the attache~ - ~,uuy concmanon ~epo~, ~t ~s ordered ~ed~s ~11~' upon 1. The Mother, Cricket M. ~ck, ~d ~e Fa~er, H~ O. ~ck, shall have sh~ed legal custody of Owen O. ~ck, bom J~u~ 28, 1991. Each p~ent shall have ~ equal fi~t, to be exercised jointly with the other p~ent, to m~e all major non-emergency decisions affecting the Child's general well-being inchiding, but not limited to, all decisions reg~ding his health, education and religion. P~su~t to ~e te~s offs p~a~aph each p~ent shall be entitled to all records ~d info~ation pe~ai~ng to ~e Child including, but not limited to, school ~d medical records ~d info~ation. 2. The Mother shall have primary physical custody of the Child. 3. The Father shall have partial physical custody of the Child on alternating weekends on Saturday fi.om 10:00 am until 10.'00 pm, with the first period of custody to take place on Saturday, November 22, 2003. 4. The Mother shall provide all transportation for exchanges of custody which shall take place at the paternal grandmother's residence, unless otherwise agreed between the parties. 5. The parties shall communicate directly on issues concerning the Child and shall refrain fi.om using the Child as a messenger or source of information in lieu of direct communication. 6. This Order is 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 BY THE ~7OU~,~ cc: ~Shn Glace, Esquire - Counsel for Mother ,..3~anne B. Costopoulos, Esquire - Counsel for Father CRICKET M. KRICK, Plaintiff VS. HARRY O. KRICK Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 03-5116 C1VIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: follows: NAME Owen O. Krick The pertinent information concerning the Child who is the subject of this litigation is as DATE OF BIRTH CURRENTLY IN CUSTODY OF January 28, 1991 Mother 2. A Conciliation Conference was held on November 17, 2003, with the following individuals in attendance: The Mother, Cricket M. Kfick, with her counsel, John M. Glace, Esquire. The Father, Harry O. Crick participated in the conference by telephone. The Father's counsel, Jeanne B. Costopoulos, Esquire was not present at the conference. 3. The parties agreed to entry of an Order in the form as afl:ached. Date Dawn S. Sunday, Esquire Custody Conciliator CRICKET M. KRICK, Plaintiff V. HARRY O. KRICK, Defendant 1N THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 5116 CIVIL ACTION - DIVORCE ~qffida¥it of Consent 1. An Amended Complaint in Divorce was filed under Section 3301 (c) on September 26, 2003 and served on September 30, 2003 by Sheriff's service. 2. The marriage of the Plalntiffand Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the Complaint. 3. I consem to the entry ora final Decree in Divorce without notice 4. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses ifI do not claim them before a divorce is granted. 5. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. I verify that the statements made herein 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 ,unswqrn falsification to authorities. CRICKET M. KRICK, Plaintiff V. HARRY. KRICK, Defendant IN the COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA No. 03-5116 CIVIL ACTION - DIVORCE Wai~eer of gVotice of Intention to :Request Zntr)t ora :Divorce 1)ecree ~llnder Section 33o~ (c) of the g)ivorce Code I. I consent to the entry of a final Decree in Divorce without notice. 2. I understand that I may lose fights concerning alimony, division of property, lawyer's fees or expenses ifI 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 that Decree is filed with the Prothonotary, I verify that the statements herein are made are tree and correct. I understand that CRICKET M. KRICK, Plaintiff V. HARRY O. KRICK, Defendant 1N THE COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 5116 CIVIL ACTION - DIVORCE ~ffic~a~it of Consent 1. An Amended Complaint in Divorce was filed under Section 3301 (c) on September 26, 2003 and served on September 30, 2003 by Sheriff's service. 2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the filing and service of the Complaim. 3. I consem to the entry of a final Decree in Divorce without notice 4. 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. 5. I have been advised of the availability of marriage counseling and I understand that I may request that the Court require that my spouse and I participate in counseling prior to a Decree in Divorce being handed down by the Court. I verify that the statements made herein 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 unswom ~lsification Date to authorities. CRICKET M. KRICK, Plaintiff V. HARRY. KRICK, Defendant 1N the COURT of COMMON PLEAS of CUMBERLAND COUNTY, PENNSYLVANIA No. 03- 5116 CIVIL ACTION - DIVORCE ~Wai~er of ~fotice of Intention to ~equest ~ntr~j of a ~i~orce ~ecree ~lnder Section 33ol (c) of the g)i¥orce Code 1. I consent to the entry of a final Decree in 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, 1 understand that I will not be divomed until a Divorce Decree is entered by the Court and that a copy of the Decree will be sent to me immediately after that Decree is filed with the Prothonotary. I verify that the statements herein are made are true and correct. I understand that false statements here'm are made subject to the penalties of 18 Pa. C. S., Section 4904 relating to unswom falsification to authorities. Date Cricket M. Krick CRICKET M. KRICK, : Plaintiff : : : V. HARRY O. KRICK, Defendant IN THE COURT of COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. 03 - 5116 CIVIL ACTION - DIVORCE pRAECIPE to TRANSMIT RECORD TO THE PROTHONOTARY: Kindly transmit the record, together with the following information to the Court for entry of a Divorce Decree: I. Ground for divorce: Irretrievable Breakdown under Section 3301 (c) of the Divorce Code 2. Date and Manner of Service of the Complaint: Sheriff's Service on September 30, 2004 3. Date of Execution of Affidavit of Consent required pursuant to Section 3301¢) of the Divome Code: a. By Plaintiff.' May 12, 2004 b. By Defendant: May 12, 2004 4. Related Claims Pending: All outstanding economic issues have been resolved between parties 5. Date of Plaintiff's Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: May 12, 2004 6. Date of Defendant's Waiver of Notice in Section 3301(c) Divorce filing with Prothonotary: May 12, 2004 Respectfully Submitted, THE LAW O~ JOHN M. GLACE John ~l./,a~ce, Esquire Supre/ne/~2~6rt I.D. 23933 132-134 Walnut/Str~, Harrisburg PA 17101-1612 f7~) 238-5515 A~J~rne flor Plaintiff IN THE COURT OF COMMON PLEAS CRICKET M. KRICK Plaintiff OF CUMBERLAND COUNTY STATE OF PENNA. NO. 03-5116 CIVIL TERM HARRY O. VERSUS KRICK, JR. Defendant DECREE IN DIVORCE AND NOW. ~ ~ DECREED THAT HARRY O. KRICK, JR. AND , IT IS ORDERED AND ~PLAINTIFF, ,DEFENDANT, ARE D}VORCED 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; NONE ATTEST: ~/~ PROTHONOTARY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff : Vs : File No. Defendant IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff/defendant in the above matter, [select one by marking "x"] __ prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated (~ fl-ff I ~/ , hereby elects to resume the prior surname of ]~g[ U. ST , and gives this written notice avowing his / her intention pursuant J9 ~e provisions of 54,P.S. 704. Date: ('XScL2z-7 Signature Signature of name being resumed COMMONWE3dLTH OF PENNSYLVANIA ) COUNTY OF ~Oja ~,l-~ et4 ~ On the/~2'/k' dayof X~L~7,~tt4 ~ o~'T200ff, before me, the Prothonotary or the notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that he / she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. NOTARIAL SEAL CLAUDIA A. BREWBAKER, NOTARY PUBLIC Carlisle Boro, Cumberland County My Commission Expires April 4, 2005 Prothonotary or Notary Public