Loading...
HomeMy WebLinkAbout08-1873Robin D. Glatz, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY Nicholas J. Glatz, Defendant 03 NO. CIVIL TERM NOTICE TO DEFEND AND CLAIM RIGHTS 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 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 right 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, Cumberland County Courthouse, Carlisle, Pennsylvania. 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 LAWYER, GO TO OR TELE PHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford St. Carlisle, PA 17013 (717) - 249-3166 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. Robin D. Glatz, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW IN DIVORCE AND CUSTODY Nicholas J. Glatz, Defendant NO. CIVIL TERM DIVORCE COMPLAINT WITH CUSTODY COUNT The plaintiff, Robin D. Glatz, by her attorneys, the Family Law Clinic, sets forth the following causes of action in divorce and custody: COUNTI DIVORCE UNDER TITLE 23 Pa C S §§3301(c and (d) OF THE DIVORCE CODE 1. Plaintiff is Robin D. Glatz, who currently resides at 319 North Pitt Street, Carlisle, Cumberland County, Pennsylvania, since December 2005. 2. Defendant is Nicholas J. Glatz, who currently resides at 1347 North Stony Grove Church Road, Warrenton, Warren County, Georgia, since July 2007. 3. Plaintiff has been a bona fide resident of Cumberland County and the Commonwealth for at least six months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on July 6, 1998, in Maricopa County, Arizona. 5. Plaintiff and Defendant have lived separate and apart since February 14, 2007. 6. There have been no prior actions of divorce or for annulment between the parties. 7. The marriage is irretrievably broken. 8. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the court require the parties to participate in counseling. WHEREFORE, Plaintiff requests the court to enter a decree of divorce dissolving the marriage. COUNT II CUSTODY 9. Plaintiff repeats and realleges paragraphs 1 through 8 as if fully set forth herein. 10. Plaintiff seeks custody of the following children: Name Present Residence Age Johnathon Glatz 319 North Pitt St, Carlisle, PA 17013 8 yrs., DOB 4/7/1999 Star Glatz 319 North Pitt St, Carlisle, PA 17013 7 yrs., DOB 6/22/2000 Rose Glatz 319 North Pitt St, Carlisle, PA 17013 4 yrs., DOB 9/25/2003 None of the children were born out of wedlock. The children are presently in the custody of Robin D. Glatz, who resides at 319 North Pitt Street, Carlisle, Cumberland County, PA 17013. During the past five years, the children have resided with the following persons and at the following addresses: Persons Address Dates Robin Glatz 319 North Pitt St, Carlisle, PA Feb. 2007 - Present Robin and Nicholas Glatz 319 North Pitt St, Carlisle, PA July 2006 - Feb. 2007 Robin Glatz 319 North Pitt St, Carlisle, PA Dec. 2005 - July 2006 Robin Glatz 108 Amy Drive, Carlisle, PA July 2005 - Dec. 2005 Robin and Nicholas Glatz 108 Amy Drive, Carlisle, PA Dec. 2003 - July 2005 The mother of the children is Robin D. Glatz. She is married. The father of the children is Nicholas J. Glatz. He is married. 11. The relationship of Defendant to the children is that of father. Defendant resides with the following persons: Name Relationship Jennifer Last Name Unknown Girlfriend Matthew Last Name Unknown Girlfriend's son Lily Last Name Unknown Girlfriend's daughter Aaron Last Name Unknown Girlfriend's son 12. The relationship of Plaintiff to the children is that of mother. Plaintiff currently resides with the following persons: Name Relationship Johnathon Glatz Son Star Glatz Daughter Rose Glatz Daughter 13. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Plaintiff has no information of a custody proceeding concerning the children pending in a court of this Commonwealth, or any other state. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 14. The best interest and permanent welfare of the children will be served by granting the relief requested because: a. Plaintiff would like the children to remain in her care in Pennsylvania where they currently attend school and have lived for the past four years; b. Plaintiff is prepared to provide the children with a stable home environment with adequate moral, emotional, and physical surroundings as required to meet the children's needs; c. Plaintiff would like the children to have substantial contact with both Mother and Father; d. Plaintiff is willing to accept custody of the children; e. Plaintiff continues to perform parental duties for the children and enjoys the love and affection of the children. 15. Each parent whose parental rights to the children have not been terminated and the person who has physical custody of the children have been named as parties to this action. WHEREFORE, Plaintiff requests the court grant her shared legal and primary physical custody of the children. Date Z? Respectfully submitted, aA._C?j &ed Angel Bradley Certified Legal Intern filkw xu ZI-t RROBEIZA E. RAINS THOMAS M. PLACE LUCY JOHNSTON-WALSH ANNE MACDONALD-FOX MEGAN RIESMEYER Supervising Attorneys Family Law Clinic 45 North Pitt Street Carlisle, Pennsylvania 17013 (717) 243-3696 Fax: (717) 243-3639 VERIFICATION I verify that the statements made in this Complaint are true and correct to the best of my personal knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904, relating to unworn falsification to authorities. 3 ? ?g - Z!! ?-? E?? Date Robin D. Glatz Cl) r_ 7 -TI ?a Robin D. Glatz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE AND :CUSTODY Nicholas J. Glatz, 73 Defendant NO. CIVIL TERM PRAECIPE TO PROCEED IN FORMA PAUPERIS TO THE PROTHONOTARY: Kindly allow Robin D. Glatz, Plaintiff, to proceed in forma pauperis. The Family Law Clinic, attorneys for the party proceeding in forma pauperis, certifies that we believe the party is unable to pay the costs and that we are providing free legal service to the party. Respectfully submitted, Date Angel Bra ley Certified Legal Intern ROBE10 E. RAINS THOMAS M. PLACE ANNE MACDONALD-FOX LUCY JOHNSTON-WALSH MEGAN RIESMEYER Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717-243-2968 =? C ROBIN D. GLATZ IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. 2008-1873 CIVIL ACTION LAW NICHOLAS J. GLATZ IN CUSTODY DEFENDANT ORDER OF COURT AND NOW, Friday, March 28, 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 Thursday, May 01, 2008 at 8:30 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/ ac ueline M. Verne Es q. 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 Robin D. Glatz, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN DIVORCE AND CUSTODY Nicholas J. Glatz, Defendant NO. 08 - 1873 CIVIL TERM CERTIFICATE OF SERVICE I, Angel Bradley, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Order of Court scheduling a Custody Conciliation and proposed custody agreement on Nicholas J. Glatz, residing at 1347 North Stony Grove Church Road, Warrenton, Georgia, 30828 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Nicholas J. Glatz, on the 15th day of April, 2008 as evidenced by the attached green card. Angel Bradley Certified Legal Intern Anne Donald-Fox Megan Riesmeyer Supervising Attorneys FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 r•a n T7 W S N i 11 01011 II??M96w G vt low I BE _ ` ' ° I?fa ?fiw?lia ` Fem. ? A 3 Q?? - d ow mwdmrAfte wain C] cm o. 4. A 01114 0q R Omw 2.;-.._. `7005 0?40 0003 2632 6925 rs Fran SM 1. OWANNOWS ' ; 102504¢4A-1540 Robin D. Glatz, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION-LAW IN DIVORCE AND CUSTODY Nicholas J. Glatz, Defendant NO. 08 - 1873 CIVIL TERM CERTIFICATE OF SERVICE I, Angel Bradley, Certified Legal Intern, Family Law Clinic, hereby certify that I served a true and correct copy of the Divorce Complaint on Nicholas J. Glatz, residing at 1347 North Stony Grove Church Road, Warrenton, Georgia, 30828 by depositing a copy of the same in the United States mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Nicholas J. Glatz, on the 15th day of May 2008 as evidenced by the attached green card. Angel Bradley Certified Legal Intern %s 9 Mega W Riesmeyer Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 (717) 243-2968 Fax: (717) 243-3639 4 ¦ 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. • Article Addressed to N11c ol(j3.S y 7 /u 01r'- f1, -5, o_M Can 2. in ale Number (Trs Wer from service label) PS F( rm 3871, February 2004 ' l ayes If YES, enter delivery address below: ? No Domestic Return Receipt 0 Express Mail ? Return Receipt for Merchandise ? C.O.D. 102595-02-M-1540 0 MAY 1420084-11 ROBIN D. GLATZ, Plaintiff V. NICFIOLAS J. GLATZ, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1873 : IN CUSTODY ORDER OF COURT CIVIL ACTION - LAW r\ND NOW, this day of TA MN , 2008, upon consideration of the attached Custody Conciliation Re ort, it is ordered and directed as folloxvs: 1. The Mother, Robin D. Glatz and the Father, Nicholas J. Glatz, shall have shared legal custody of Johnathon Glatz, born April 7, 1999, Star Glatz, born June 22, 2000 and Rose Glatz, born September 25, 2003. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions aClcctiiig the Children's general well-being including, but not limited to, all decisions rc??ardin?? their health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the children including, but not limited to medical, dental, religious or school records, the residence address of the children and the other parent. To the extent one parent has possession of am ,ucli records or information, that parent shall be required to share the same, or copies thereof. vyitlh the other parent within such reasonable time as to make the records and iniornultion of reasonable use to the other parent. Both parents shall be entitled to full participation in all educational and medical/treatment planning meetings and evaluations xv ith rcu,ard to the minor children. Each parent shall be entitled to full and complete information from any physician, dentist, teacher or authority and copies of any reports gix crn to them as parents including, but not limited to: medical records, birth certificates, school or educational attendance records or report cards. Additionally, each parent shall be entitled to receive copies of any notices which come from school with regard to school pictures. extracurricular activities, children's parties, musical presentations, back-to- school nights, and the like. ?. The parents shall share physical custody of the children, with their primary reside ncc being with Mother. The parents shall share physical custody of the children as follows: a. Christmas Break. The Christmas break custody period shall begin on the day after the children's last day of school until the day before school resumes. Father shall have the children in even numbered years. Mother shall have the children in odd numbered years. S b. Spring Break. The spring break custody period shall begin on the day after the children's last day of school until the day before school resumes. Father shall have the children in even numbered years. Mother shall have the children in odd numbered years. In the event that the children's spring break is shortened by one of more days due to weather make-up days, the children shall remain with Mother for that year and Father shall have the children for the following spring school break. c. Summer. Father shall have the children for the first week following the end of the school year until the first full week before school resumes. d. At other times as the parties may agree. 4. Transportation shall be shared such that the parties shall meet at the first visitor center across the North Carolina line near NC route 56 and Interstate 81. Mother and Father shall notify each other of all medical care the children receive while in the parent's care. Mother and Father shall notify the other immediately of medical emergencies which arise while the children are in that parent's care. 6. Neither parent will do anything which may estrange the children from the other party. or injure the opinion of the children as to the other parent or which may harniper the free and natural development of the children's love and respect for the other parent. 7. Father acknowledges that the Family Law Clinic represents only Mother's interest in this matter and has given him no legal advice other than that he shorld seek the advice of legal counsel. S. 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 cornscnt. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc \11-el Bradley, certified legal intern, Family Law Clinic Mcoan Riesmeyer, Esquire, Counsel for Mother ZN1ChoIas J. Glatz, pro se 1347 North Stony Grove Church Rd. Warrenton, GA 30828 CoP t'FS m = t LECL s?a I/08 ?i? . .d R()l?IN D. GLATZ, Plaintiff V. NICHOLAS J. GLATZ, Defendant 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: : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 2008-1873 CIVIL ACTION - LAW : IN CUSTODY I . The pertinent information concerning the Children who are the subject of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Johrnatlhon Glatz Star Glatz Rose Glatz April 7, 1999 June 22, 2000 September 25, 2003 Mother Mother Mother 2. A Conciliation Conference was held in this matter on May 13, 2008, with the f`6llov?ing in attendance: The Mother, Robin D. Glatz, with her counsel, Angel Bra?,11cv. certified legal intern, and Megan Riesmeyer, Esquire, Family Law Clinic and the lather. Nicholas J. Glatz, pro se, by telephone. I. The parties agreed to an Order in the form as attached. Date jacq line M. Verney, Esquire Custody Conciliator Robin D. Glatz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Nicholas J. Glatz, Defendant : NO. 08 - 1873 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on March 24, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the 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 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 S ";'I - °S Nicholas J. 61atz, Def ant N . Co ;A ,_ Robin D. Glatz, Plaintiff V. Nicholas J. Glatz, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW IN DIVORCE : NO. 08 - 1873 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. §4904 relating to unsworn falsification to authorities. Date $?a3`Or ' u icholas J. latz, De dant ? t 3 T1 Izo I T ' r jj'j - t _ O 1 . 'T : .. CD Robin D. Glatz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Nicholas J. Glatz, Defendant : NO. 08 - 1873 CIVIL TERM AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under §§ 3301(c) of the Divorce Code was filed on March 24, 2008. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the 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 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 unworn falsification to authorities. Date 0.4x Robin D. Glatz, aintiff ,? --? ;?; ', ;- _. ? Y f _ - t Mi. ? ?' _'? ?..?? ? Y ^^ ?K`„ ..??. r Robin D. Glatz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : CIVIL ACTION - LAW IN DIVORCE Nicholas J. Glatz, Defendant : NO. 08 - 1873 CIVIL TERM WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 43301(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. §4904 relating to unsworn falsification to authorities. Date Z-- Robin D. Glatz, Plaintiff rri r - r Robin D. Glatz, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION- LAW V. : IN DIVORCE AND CUSTODY Nicholas J. Glatz, Defendant : No. 08 - 1873 CIVIL TERM 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: Served on Defendant by U.S. mail, certified, restricted delivery, return receipt requested, postage prepaid. Service was complete upon receipt by Nicholas J. Glatz on May 15, 2008. 3. Date of execution of the Affidavit of Consent required by §3301 (c) of the Divorce Code: by Plaintiff - September 9, 2008; by Defendant - August 23, 2008. 4. Related claims pending: None. 5. Date Plaintiff's Waiver of Notice was filed with the Prothonotary: September 9, 2008. 6. Date Defendant's Waiver of Notice was filed with the Prothonotary: September 8, 2008. 9 q /08 Date Angel Bradley Certified egal ?L e Anne c onald-Fo F . Superv' ing Attorney FAMILY LAW CLINIC 45 N. Pitt Street Carlisle, PA 17013 717-243-2968 Fax: 717-243-3639 Attorney for Plaintiff f?-J L :: co -rt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. Robin D. Glatz, _ I nQ _ I R71 Civil Term Plaintiff VERSUS Nicholas J latz Defendant DECREE IN DIVORCE No. AND NOW, S C _ 6W btr \1 , (0%, IT IS ORDERED AND DECREED THAT Robin D Glatz , PLAINTIFF, AND Nicholas J. Glatz 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 A By THE COURT: e,3