HomeMy WebLinkAbout07-6709
JULIE M. KRETZING,
Plaintiff,
V.
GEORGE F. KRETZING,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2007 - L 7O F
IN DIVORCE
CIVIL TERM
NOTICE
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 in 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 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 17013.
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
32 South Bedford Street
Carlisle, Pennsylvania 17013
717-249-3166
1-800-990-9108
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.
I
JULIE M. KRETZING,
Plaintiff,
V.
GEORGE F. KRETZING,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2007 - 6 )0? CIVIL TERM
IN DIVORCE
COMPLAINT IN DIVORCE PURSUANT TO
SECTIONS 3301(C) AND (Q OF THE DIVORCE CODE
AND NOW, comes the Plaintiff, Julie A. Kretzing, by and through her attorneys, Irwin, &
McKnight, and files this Complaint in Divorce against the Defendant, George F. Kretzing,
representing as follows:
1. The Plaintiff is Julie A. Kretzing, an adult individual residing at 208 Shughart
Avenue, Boiling Springs, Pennsylvania 17007.
2. The Defendant is George F. Kretzing, an adult individual currently residing at
1060 Whispering Pines Drive, Kernersville, North Carolina 27284.
3. The Plaintiff and Defendant have been residents of the Commonwealth of
Pennsylvania at least six months prior to the filing of this action in divorce.
4. The Plaintiff and the Defendant were married on July 18, 1986, in Perry County,
Pennsylvania.
5. There have been no prior actions of divorce or for annulment between the parties.
6. Pursuant to the Divorce Code, Sections 3301(c) and 3301(d), the Plaintiff avers as
the grounds upon which this action is based that the marriage between the parties is irretrievably
broken.
7. The Plaintiff avers that she has been advised of the availability of counseling and
that said party has the right to request that the court require the parties to participate in
counseling.
WHEREFORE, the Plaintiff respectfully requests judgment dissolving the marriage
between the two parties.
By:
Respectfully submitted,
IRWIN & McKNIGHT
Carlisle, Pennsy 3-3222
(717) 249-2353
Marc s A. fight, II11ms
Supr e Court I.D. No. 25476
W t omfret Professional Bui
60 omfret Street
Dated: November 2, 2007
VERIFICATION
The foregoing Complaint in Divorce is based upon information which has been gathered
by counsel and myself in the preparation of this action. I have read the statements made in this
document and they are true and correct to the best of my knowledge, information and belief. I
understand that false statements herein made are subject to the penalties of 18 Pa. C.S.A. Section
4904, relating to unsworn falsification to authorities.
0,
JU E A. KRETZING
Date: November 2, 2007
JULIE M. KRETZING,
Plaintiff,
V.
GEORGE F. KRETZING,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
: 2007 - 6,70 Y CIVIL TERM
IN DIVORCE
PLAINTIFF'S MARRIAGE COUNSELING AFFIDAVIT
The plaintiff, being duly sworn according to law, deposes and says:
1. I 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. I understand that the court maintains a list of marriage counselors in the
Prothonotary's Office, which list is available to me upon request.
3. Being so advised, I do not request that the court require that my spouse and I
participate in counseling prior to a divorce decree being handed down.
I verify that the statements made in this affidavit are true and correct. I understand that
false statements herein made are subject to the penalties of 18 Pa. C.S. Section 4904 relating to
unsworn falsification to authorities.
Qy
IE A. KRETZING
Date: November 2, 2007
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JULIE M. KRETZING,
Plaintiff,
v.
GEORGE F. KRETZING,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2007 - 6709 CIVIL TERM
IN DIVORCE
PRAECIPE TO AMENDED CAPTION
TO CURTIS R. LONG, PROTHONOTARY:
Please amend the Plaintiff's name in the above caption as follows:
JULIE M. KRETZING now amended to JULIE A. KRETZING
Respectfully submitted,
By:
IRWIN &
Marcus A. NsKddpt, III,
60 West fret Street
Carlisle, P 17013
(717) 24 - 3
Supreme Court I.D-N-67725
Attorney for Plaintiff,
Julie A. Kretzing
Date: November 13, 2007
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JULIE A. KRETZING,
Plaintiff,
V.
GEORGE F. KRETZING,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2007 - 6709 CIVIL TERM
IN DIVORCE
AFFIDAVIT OF SERVICE OF COMPLAINT
PURSUANT TO PA. R.C.P. RULE NO. 1920.4 (a)(1)(i)
COMMONWEALTH OF PENNSYLVANIA .
. SS:
COUNTY OF CUMBERLAND
NOW, Marcus A. McKnight, III, Esquire, being duly sworn according to law, does
depose and state:
1. That he is a competent adult and attorney for the plaintiff in the captioned action in
divorce.
2. That a certified copy of the Complaint in Divorce was served upon
George F. Kretzing, on November 11, 2007, by certified, restricted delivery ma
him at 1060 Whispering Pines Drive, Kernersville, North Carolina 27284, with
Number 7003 3110 0004 5768 1503.
i. That the said receipt for certified mail is signed and attached hereto and made a! part
hereof.
I verify that the statements made in this affidavit are true and correct. I undlerstan4 that
false statements herein made are subject to the penal 'es of 1/8 Pa. C. S. Section 4904, relatiig to
unsworn falsification to authorities. ?l?/--a?
5 A.NcKNIGHT, III, ESQ
for P intiff
Date: November 13, 2007
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JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6709 CIVIL
CIVIL ACTION - LAW
CUSTODY COMPLAINT
1. The Plaintiff is Julie M. Kretzing (hereinafter referred to as "Mother"), an
adult individual who currently resides at, 208 Shughart Avenue, Boiling Springs,
Cumberland County, Pennsylvania.
2. The Defendant is George F. Kretzing (hereinafter referred to as "Father"),
an adult individual who currently resides at 1060 Whispering Pines Drive, Kernersville,
Forsyth County, North Carolina.
3. The parties are the parents of a minor child, namely, Matthew T. Kretzing,
born June 6, 1993 (hereinafter referred to as "Child")
The child was born in wedlock
The child is currently in the custody of Plaintiff.
During the past five years, the child has resided with the following persons
at the following addresses:
Persons Residences Dates
George Kretzing 1060 Whispering Pines birth-2005
Julie Kretzing Kernersville, North Carolina
Brian Kretzing
Michael Kretzing
Julie Kretzing 8 Earl Street 2005-2007
Boiling Springs, Pennsylvania
Julie Kretzing 208 Shughart Avenue 2007- Present
Boiling Springs, Pennsylvania
The natural father of the child is George F. Kretzing, currently residing at
1060 Whispering Pines Drive, Kernersville, Forsyth County, North Carolina.
He is married to the Plaintiff.
The natural mother of the child is Julie M. Kretzing, currently residing at
208 Shughart Drive, Boiling Springs, Cumberland County, Pennsylvania.
She is married to the Defendant.
4. The relationship of the Plaintiff to the child is that of natural mother. The
Plaintiff currently resides with the following persons:
Names
Matthew T. Kretzing
Relationship
Son
5. The relationship of the Defendant to the child is that of natural father. The
Defendant currently resides with the following persons:
Names Relationship
Brian Kretzing Son
Michael Kretzing Son
6. 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.
Defendant has no information of a custody proceeding concerning the
child pending in a court of this Commonwealth or any other state.
While both parties were residents of the State of North Carolina, they
signed a Separation Agreement and Property Settlement dated September 9, 2005,
which provided that Mother would have primary physical custody of the child. The
relevant portion of the September 9, 2005 Agreement is attached hereto as "Exhibit A."
ti.
7. The best interest and permanent welfare of the child will be served by
granting the parties shared legal and the Defendant primary physical custody.
8. 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. All other persons, named below, who are known to have or claim a right to
custody or visitation of the child will be given notice of the pendency of this action and
the right to intervene: none
WHEREFORE, Defendant requests your Honorable Court to grant him shared
legal and primary physical custody of the child.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
J /
Date: 0'emu ?
Michael A. Scherer, Esquire
I. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct
to the best of my knowledge, information and belief. This verification is signed by
Michael A. Scherer, Esquire, Attorney for Defendant and is based upon the statements
provided by Defendant, as well as documents reviewed by the undersigned as attorney
for Defendant. This verification will be substituted and ratified by a verification signed
by the Defendant who is presently unavailable to sign said verification. I undersigned
that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating
to unsworn falsifications to authorities.
4111k .4.14 ?
Mic ael A. Scherer, Esquire
Dated:
CERTIFICATE OF SERVICE
I hereby certify that on the q111 day of , 2008, I, Andrea M.
Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Custody Complaint, by first
class U.S. mail, postage prepaid, to the party listed below, as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
WL)nt"
And
rea . Barrick
terms and conditions of this Separation Agreement shall be incorporated into any divorce
decree subsequent to the terms and conditions contained herein or a part of any
subsequent divorce judgment entered.
SEVENTH: REAL PROPERTY. The parties presently own, as tenants by the
entirety, a house and lot located at 1060 Whispering Pines Dr., in Kemersville, North
Carolina. The parties agree that the husband shall have the exclusive use and possession
of the home and shall be solely responsible for payment of the outstanding mortgage to
BB&T. In addition, husband agrees to be solely responsible for the taxes, insurance and
maintenance on the real property pending sale or refinance.
Within twelve months of the signing of this Agreement, the house shall be placed
on the market for sale, or shall the mortgage shall be refinanced by the Husband to secure
the Wife's release from the mortgage. Whether the home is sold to a third party or
refinanced by the Husband, Husband shall pay to the Wife the sum of $17,000.00
immediately after closing, this amount representing the Wife's share of the marital
equity in the home.
During the time that Wife remains obligated under the Note and Deed of Trust,
Husband shall save and hold Wife harmless for any and all obligations arising from said
real property including having signed the aforesaid Note and Deed of Trust. During the
period Husband actually exercises the exclusive use and possession of the home, he shall
be responsible for all maintenance, upkeep, repairs, and other liability however incurred
without limitation, and agrees to'save and hold Wife harmless for the same.
Wife agrees to forego any interest in the marital property immediately upon
release of her obligation under the Note and Deed of Trust, and to execute for Husband a
quitclaim deed relinquishing any and all interest in such property, and further to
otherwise cooperate in good faith to expeditiously secure transfer of the property to
Husband's exclusive ownership or to facilitate the sale to a third party. Husband shall be
responsible for the costs. of the preparation of the deed, any closing costs, or costs
associated with the refinance.
EIGHTH: CUSTODY OF THE MINOR CHILDREN.
Husband and Wife shall share the joint legal custody of the aforesaid minor
children, namely:
Brian Kretzing, born August 1, 1988, and Michael Kretzing, born March
8, 1990, and Matthew Kretzing, January 6, 1993..
Page 3 of 14
Exhibit "A"
The parties will split physical custody of the children, as follows:
a. The Husband shall have primary physical custody of Brian and Michael,
and the Wife shall have primary physical custody of Matthew.
b. Each parent shall be free to visit with the child or children in the physical
custody of the other upon mutual agreement, but in the event the parties are unable to
agree, the visitation schedule shall include the following:
1. Brian.
Brian shall be free to visit with his mother as is mutually convenient for the parties and
the child.
2. Michael.
Michael shall visit with the Wife as follows:
a. Christmas: In odd-numbered years, beginning with 2005, Wife shall have
visitation with Michael from 8 p.m. the day after school lets out for the Winter Break
from school until 1 p.m. on December 25. In even-numbered years beginning with 2006,
Wife shall have Michael from December 25th at 1 p.m. until 6 p.m. the second day before
the resumption of school.
b. Thanksgiving: Wife shall have Michael every even-numbered year for
Thanksgiving, beginning at 8 p.m. the Wednesday before Thanksgiving, and ending on
the Friday following Thanksgiving at 1 p.m.
C. Spring Break: In even-numbered years, Wife shall have Michael from 8
p.m. on the day school lets out for Spring Break until 8 p.m. the second day before the
resumption of school.
d. Summer vacation: In every year, Wife shall be entitled to a period of 14
consecutive days with Michael during the summer break from school, which shall not
include any portion of the 7 days immediately prior to the resumption of school. Wife
shall be entitled to designate when during the summer this visit shall occur and shall give
notice to Husband at least 30 days before school ends. In the event she fails to give the
notice required by this section, Husband shall be entitled to choose the visitation period,
but Wife will nevertheless be entitled to her visit.
Page 4 of 14
e. When visits begin and end. Wife's visitation shall be deemed to
begin when Michael arrives at Wife's residence, and end when Michael arrives at the
Husband's residence.
The parties shall always have the right to vary from the visitation schedules as set out
herein as they may mutually agree in the best interest of the minor children, and each of
the parties agrees to negotiate and consult with the other parent in good faith with respect
to such variances. Just as in the case of interruption of the regular custody schedule due
to a holiday or summer vacation as set out above, any such variance will not alter. the
rights of the parties under this agreement, nor affect the future application of the custody
schedules, all of which shall continue in full force and effect immediately following any
such variance just as if such variance had not occurred.
Husband shall be responsible for Michael's transportation to Wife's residence at the
beginning of each visit, and Wife shall be responsible for his return to Husband's
residence.
3. Matthew.
Matthew shall visit with the Husband as follows:
a. Christmas: In even-numbered years, beginning with 2006, Husband shall
have visitation with Matthew from 8 p.m. the day after school lets out for the Winter
Break from school until 1 p.m. on December 25. In odd-numbered years beginning with
2005, Husband shall have Matthew from December 25`h at 1 p.m. until 6 p.m. the second
day before the resumption of school.
b. Thanksgiving: Husband shall have Matthew every odd-numbered year for
Thanksgiving, beginning at 8 p.m. the Wednesday before Thanksgiving, and ending on
the Friday following Thanksgiving at 1 p.m.
C. Spring Break: In odd-numbered years, Husband shall have Matthew from
8 p.m. on the day school lets out for Spring Break until 8 p.m. the second day before the
resumption of school.
d. Summer vacation: In every year, Husband. shall be entitled to a period of
14 consecutive days with Matthew during the summer break from school, which shall not
include any portion of the 7 days immediately prior to the resumption of school.
Page 5 of 14
, . i
Husband shall be entitled to designate when during the summer this visit shall occur and
shall give notice to Wife at least 30 days before school ends. In the event he fails to give
the notice required by this section, Wife shall be entitled to choose the visitation period,
but Husband will nevertheless be entitled to his visit.
e. When visits begin and end. Husband's visitation shall be deemed to
begin when Matthew arrives at Husband's residence, and end when Matthew arrives at
the Wife's residence.
The parties shall always have the right to vary from the visitation schedules as set out
herein as they may mutually agree in the best interest of the minor children, and each of
the parties agrees to negotiate and consult with the other parent in good faith with respect
to such variances. Just as in the case of interruption of the regular custody schedule due
to a holiday or summer vacation as set out above, any such variance will not alter the
rights of the parties under this agreement, nor affect the future application of the custody
schedules, all of which shall continue in full force and effect immediately following any
such variance just as if such_variance had not occurred.
Wife shall be responsible for Matthew's transportation to Husband's residence at the
beginning of each visit, and Husband shall be responsible for his return to Wife's
residence.
C. The parties shall confer together frequently regarding the health, development and
well-being of the minor children, and shall promptly inform the other parent of any
emergencies regarding the children as soon as it is safe to do so.
d. Michael shall continue to be seen by a qualified counselor, and shall remain in the
care of his doctor, Dr. Kathy Soldato.
NINTH: CHILD SUPPORT. Husband shall pay without fail the
sum of $ 41.00 per month to the Wife as child support for the support and maintenance of
Matthew, to be paid directly to the Wife. Husband shall maintain medical insurance
coverage for Matthew. The first payment shall be due on October 1, 2005 and shall be
due the first of the month.
Page 6 of 14
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JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6709 CIVIL
CIVIL ACTION - LAW
NOTICE TO PLEAD
TO: Julie A. Kretzing
c/o Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
You are hereby notified that you have twenty (20) days in which to plead to the
enclosed Defendant's Answer to Divorce Complaint and New Matter or a Default
Judgment may be entered against you.
O'BRIEN, BARIC & SCHERER
Date:
!W"- x 'Oe-
Michael A. Scherer, quire
I. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
Attorney for Defendant
JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6709 CIVIL
CIVIL ACTION - LAW
DEFENDANT'S ANSWER TO DIVORCE COMPLAINT
AND NOW, comes the Defendant, George F. Kretzing, by and through his
attorney, Michael A. Scherer, Esquire, and respectfully replies to the Complaint as
follows:
1. - 2. Admitted.
3. Denied. Defendant resides in North Carolina as stated in paragraph two
of Plaintiffs Complaint.
4. - 8. Admitted.
NEW MATTER
9. The most recent marital residence established by the parties was at 1060
Whispering Pines Drive, Kernersville, North Carolina.
10. The parties are governed by a Separation and Property Settlement
Agreement dated September 9, 2005.
11. The September 9, 2005 Agreement states at paragraph "SIXTH" as
follows: "Nothing herein contained shall be deemed to prevent either of the parties from
maintaining a suit for absolute divorce against the other in any jurisdiction. In the event
any such action is instituted, the parties shall be bound by all of the terms of this
Agreement. The parties further agree that the terms and conditions of the Separation
Agreement shall be incorporated into any divorce decree subsequent to the terms and
conditions contained herein or a part of any subsequent divorce judgment entered.
WHEREFORE, Defendant requests your Honorable Court incorporate the
September 9, 2005 Agreement into the final Divorce Decree.
Date: LI' g
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Mic ae A. Scherer, Esquire
I. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
VERIFICATION
I verify that the statements made in the foregoing Complaint are true and correct
to the best of my knowledge, information and belief. This verification is signed by
Michael A. Scherer, Esquire, Attorney for Defendant and is based upon the statements
provided by Defendant, as well as documents reviewed by the undersigned as attorney
for Defendant. This verification will be substituted and ratified by a verification signed
by the Defendant who is presently unavailable to sign said verification. I undersigned
that false statements herein are made subject to penalties of 18 Pa.C.S. §4904, relating
to unsworn falsifications to authorities.
hffJhIel A. Scherer, Esquire
Dated: h' ;' 0,07
CERTIFICATE OF SERVICE
I hereby certify that on the Oft day of , 2008, I, Andrea M.
Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Defendant's Answer to
Divorce Complaint and New Matter, by first class U.S. mail, postage prepaid, to the
party listed below, as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Andrea . Barrick
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JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6709 CIVIL
CIVIL ACTION - LAW
PRAECIPE FOR ENTRY OF APPEARANCE
TO THE PROTHONOTARY:
Kindly enter my appearance in the above-captioned action on behalf of the Defendant,
George F. Kretzing.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
Date:
Mic I Scherer, Esquire
I. D. # 61974
19 West South Street
Carlisle, PA 17013
(717) 249-6873
Attorney for Defendant
i 1
CERTIFICATE OF SERVICE
hereby certify that on the day of 2008, I, Andrea M.
Barrick, of O'Brien, Baric & Scherer, did serve a copy of the Praecipe for Entry of
Appearance, by first class U.S. mail, postage prepaid, to the party listed below, as
follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
4dAA?nd M. Barrick
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JULIE A. KRETZING,
Plaintiff,
V.
GEORGE F. KRETZING,
Defendant.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL ACTION - LAW
2007-6709 CIVIL TERM
IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
JULIE A. KRETZING, Plaintiff„ moves the court to appoint a master with respect to the following
claims:
a. Equitable distribution of the marital assets;
b. Alimony Pendente Lite and Alimony;
C. Costs and expenses; and
d. Counsel fees.
and in support of the motion states:
1. Discovery is complete as the claims(s) for which the appointment of a master
is requested.
2. The Plaintiff, Julie A. K.retzing, has appeared in this action by her attorney,
Marcus A. McKnight, III, Esquire.
3. The statutory ground for divorce is No-Fault 3301(c).
4. Delete the inapplicable paragraph(s):
a. The action is contested.
b. An agreement has been reached with respect to the following claims: Divorce
C. The action is contested with respect to the following claims:
Equitable distribution of the marital assets; Alimony Pendente Lite, Alimony,
Costs and expenses; and Counsel fees.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take one-half ('/) day.
7. Additional information, if any, relevant to the mot' No
Date: April 10, 2008
ttorne for Pla'
ORDER APPOINTING MASTER
AND NOW , Esquire, is appointed Divorce Master with respect to
the following claims:
By the Court:
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APR 15 20OVY
JULIE A. KRETZING, : IN THE COURT OF COMMON PLEAS OF
Plaintiff, : CUMBERLAND COUNTY, PENNSYLVANIA
V. CIVIL ACTION - LAW
2007-6709 CIVIL TERM
GEORGE F. KRETZING,
Defendant. IN DIVORCE
MOTION FOR APPOINTMENT OF MASTER
JULIE A. KRETZING, Plaintiff„ moves the court to appoint a master with respect to the following
claims:
a. Equitable distribution of the marital assets;
b. Alimony Pendente Lite and Alimony;
C. Costs and expenses; and
d. Counsel fees.
and in support of the motion states:
1. Discovery is complete as the claims(s) for which the appointment of a master
is requested.
2. The Plaintiff, Julie A. Kretzing, has appeared in this action by her attorney,
Marcus A. McKnight, III, Esquire.
3. The statutory ground for divorce is No-Fault 3301(c).
4. Delete the inapplicable paragraph(s):
a. The action is contested.
b. An agreement has been reached with respect to the following claims: Divorce
C. The action is contested with respect to the following claims:
Equitable distribution of the marital assets; Alimony Pendente Lite, Alimony,
Costs and expenses; and Counsel fees.
5. The action does not involve complex issues of law or fact.
6. The hearing is expected to take one-half ('/2) day.
7. Additional information, if any, relevant to the mots No
Date: April 10, 2008
ttorne for Pla'
AND NOW Esquire, is appointed Divorce Master with respect to
the following claims: ?F_ Aez'-'t i"1
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JULIE A. KRETZING IN THE COURT OF COMMON PLEAS OF
PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA
V.
GEORGE F. KRETZING
DEFENDANT
2007-6709 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, Tuesday, April 15, 2008 , 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, May 06, 2008 at 10:30 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. 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 prior to scheduled hearing.
FOR THE COURT,
By: /s/ acqueline M. Verney, Es . .
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
FIFO-U i .; E
CAF c i ": , ?Y
2008 APR 16 Fa 2: 57
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m4y
JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6709 CIVIL TERM
CIVIL ACTION - LAW
j PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to the Custody Complaint filed
in this matter on April 9, 2008.
Respectfully submitted,
{ O'BRIEN, BARIC & SCHERER
Date: April 22, 2008
&?//j AIA
INA ich e A. cherer, Esquire
I. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.d ir/domestic/kre*ing/su bstituteverification-custody. pra
JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6709 CIVIL
CIVIL ACTION - LAW
VERIFICATION
I, George F. Kretzing, verify that the statements made in the foregoing Complaint
are true and correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, Michael A.
Scherer, Esquire and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsifications to authorities.
Date: 4114 O 1'4-r':ZE
Ge . Kretzing
CERTIFICATE OF SERVICE
I hereby certify that on April , 2008, I, Jennifer S. Lindsay, secretary at
O'Brien, Baric & Scherer, serve a copy of the Praecipe To Attach Substitute Verification,
by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
Je fe L dsay
JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6709 CIVIL TERM
CIVIL ACTION - LAW
PRAECIPE TO ATTACH SUBSTITUTE VERIFICATION
Please attach the following Substitute Verification to Defendant's Answer To
Divorce Complaint and New Matter filed in this matter on April 9, 2008.
Respectfully submitted,
O'BRIEN, BARIC & SCHERER
iAael A. Scherer, Esquire
Date: April 22, 2008 1. D. # 61974
19 West South Street
Carlisle, Pennsylvania 17013
(717) 249-6873
mas.dir/domestic/kre?Zing/substituteverification-divorce.pra
JULIE A. KRETZING,
Plaintiff
V.
GEORGE: F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6709 CIVIL
CIVIL ACTION - LAW
VERIFICATION
I, George F. Kretzing, verify that the statements made in the foregoing Complaint
are true and correct to the best of my knowledge, information and belief.
I hereby ratify the verification previously supplied by my attorney, Michael A.
Scherer, Esquire' and execute this verification as a substituted verification.
I understand that false statements herein are made subject to the penalties of 18
Pa.C.S. §4904 relating to unsworn falsifications to authorities.
Date: L1 a m
2?
G rg . Kretzing
CERTIFICATE OF SERVICE
I hereby certify that on April X13 , 2008, I, Jennifer S. Lindsay, secretary at
O'Brien, Baric & Scherer, serve a copy of the Praecipe To Attach Substitute Verification,
by first class U.S. mail, postage prepaid, to the party listed below, as follows:
Marcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
i e . IL
JULIE A. KRETZING, : IN THE COURT OF COMMON PLEAS OF
Plaintiff/Petitioner : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007 - 6709 CIVIL TERM
GEORGE F. KRETZING, CIVIL ACTION - LAW
Defendant/Respondent
PETITION FOR ECONOMIC RELIEF
AND NOW, this 20th day of June 2008, comes the Plaintiff/Petitioner, Julie A. Kretzing,
by her attorneys, IRWIN & McKNIGHT, and makes the following Petition for Economic Relief
against the Defendant/Respondent, Kjell I. Enge, as follows:
1.
The Petitioner is Julie A. Kretzing who is the Plaintiff in a divorce action filed at No.
2007-6709 in Cumberland County, Pennsylvania. Her address is 208 Shughart Avenue, Boiling
Springs, Cumberland County, Pennsylvania 17007.
2.
The Defendant, George F. Kretzing, is an adult individual with an address of 1060
Whispering Pines Drive, Wernersville, North Carolina 27284.
3.
The petitioner seeks the following relief from the Court:
a. Equitable distribution of the marital assets;
b. Alimony;
C. Costs and expenses; and
d. Counsel fees.
WHEREFORE, the Petitioner, Julie A. Kretzing, requests the relief set forth above.
Respectfully submitted,
IRWIN & McKNIGHT
By:
ECarlisler,PA u .McKnight, III1
es omfret Street
17013
4353
Supreme D. No: 25476
Attorney for e eel loner,
Julie A. Kretzing
Date: June 20, 2008
2
JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 2007 - 6709 CIVIL TERM
CIVIL ACTION - LAW
CERTIFICATE OF SERVICE
I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached document was
served upon the following by depositing a true and correct copy of the same in the United States
mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and
addressed as follows:
Michael A. Scherer, Esq.
19 West South Street
Carlisle, PA 17013
IRWIN & McKNIGHT
By: Marcus N. McKnight, I, E
60 West omfret Street
Carlisle, 'PA 17013
(717) 249-2353
Supreme Court I.D. No. 25476
Date: June 20, 2008
3
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JULIE A. KRETZING,
Plaintiff
VS.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
NO. 07 - 6709 CIVIL
IN DIVORCE
ORDER OF COURT
AND NOW, this a3 day of ,
2008, there being no issue with respect to grou ds for divorce
and no economic claims having been filed, the appointment of
the Master is vacated.
BY THE COURT,
Q I WICA C?
Edgar B. Bayley, P.J.
cc: ? Marcus A. McKnight, III
Attorney for Plaintiff
/
? Michael A. Scherer
Attorney for Defendant
l..?h ??E.S /y1a?L IJ?W
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C? .":
JUL 0 8 2W
JULIE A. KRETZING, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
V. : NO. 2007-6709 CIVIL ACTION - LAW
GEORGE F. KRETZING,
Defendant : IN CUSTODY
ORDER OF COURT
AND NOW, this ?day of , 2008, upon
consideration of the attached Custody Concil tion eport, it is ordered and directed as
follows:
I . A Hearing is scheduled in Court Room No. 5 , of the Cumberland
County Court House, on the day of 06f&&-r- , 2008, at ,12 (7
o'clock, A. M., at which time testimony will be taken. For purposes of this Hearing,
the Father shall be deemed to be the moving party and shall proceed initially with
testimony. Counsel for each party shall file with the Court and opposing counsel a
Memorandum setting forth each party's position on custody, a list of witnesses who will
be expected to testify at the Hearing and a summary of the anticipated testimony of each
witness. These Memoranda shall be filed at least five days prior to the Hearing date.
2. Pending further Order of Court or agreement of the parties, the provisions
of the parties' Separation Agreement and Property Settlement Agreement regarding
custody of Matthew T. Kretzing, born June 6, 1993 shall remain in full force and effect.
3. The parties may modify this Order by mutual agreement. In the absence
of mutual consent, the terms of this Order shall control.
cc: Michael A. Scherer, Esquire, counsel for rather
Marcus A. McKnight, III, Esquire, counsel for Mother
,Ge?.ue
s
BY THE COURT,
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3,11.44
JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
PRIOR JUDGE: None
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
: NO. 2007-6709 CIVIL 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:
1. The pertinent information concerning the Child who is the subject of this
litigation is as follows:
NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF
Matthew T. Kretzing June 6, 1993 Mother
2. A Conciliation Conference was held July 3, 2008 with the following
individuals in attendance: The Father, George F. Kretzing, with his counsel, Michael A.
Scherer, Esquire, and the Mother, Julie A. Kretzing, with her counsel, Marcus A.
McKnight, III, Esquire.
3. Father's position on custody is as follows: Father seeks shared legal
custody and primary physical custody. Father asserts that the child wishes to relocate to
his residence in North Carolina to be with his two older brothers. Father reports that the
child says that Mother is depressed.
4. Mother's position on custody is as follows: Mother seeks shared legal and
primary physical custody. Mother asserts that the two older children who are in Father's
primary physical custody have dropped out of school and are involved with drugs..
5. The Conciliator recommends an Order in the form as attached scheduling
a Hearing and maintaining the status quo. It is expected that the Hearing will require one
day.
2-2
Date ac eline M. Verney, Esquire
Custody Conciliator
JULIE A. KRETZING,
Plaintiff
V.
GEORGE F. KRETZING,
Defendant
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND. COUNTY, PENNSYLVANIA
NO. 2007 - 670P CIVIL
CIVIL ACTION LAW
ORDER OF COURT
AND NOW, this the day of U'( 6& , 2008, upon relation from
counsel for the parties that the parties have reached an,interim agreement, the hearing
scheduled in this matter for October 24, 2008 is continued generally. In the event the
parties are unable to reach a final agreement, either party may petition the Court to
reschedule the hearing.
BY THE COUNT,
I
M. L. Ebert, Jr , J.
V chael A. Scherer, Esquire
O'Brien, Baric & Scherer
19 West South Street
Carlisle, Pennsylvania 17013
vdarcus A. McKnight, III, Esquire
Irwin & McKnight
60 West Pomfret Street
Carlisle, Pennsylvania 17013
I q\x n r ?. V?Mi no
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