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HomeMy WebLinkAbout04-2876 I' ~ GINA L. ABROMITIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. JAMES ABROMITIS, JR., Defendant CIVIL ACTION /1 ./~ NO. O'l-~'- L';oL.t.., JEn...rv1 IN DIVORCE L NOT ICE T 0 D E FEN D 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 rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 717-249-3166 " GINA L. ABROMITIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. JAMES ABROMITIS, JR., Defendant CIVIL ACTION NO. IN DIVORCE NOTICE OF RIGHT TO COUNSELING You are one of the parties in the above captioned action in divorce. By virtue of Section 202 of the Pennsylvania Divorce Code, it is a duty of the Court to advise both parties of the availability of counseling and upon request of either provide both parties a list of qualified professionals who provide such services. Accordingly, if you desire counseling a list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Court House 1 Courthouse Square Carlisle, PA 17013-3387 Prothonotary \I GINA L. ABROMITIS. Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. JAMES ABROMITIS, JR., Defendant CIVIL ACTION NO. 9~- .4""" IN DIVORCE COMPLAINT IN DIVORCE 1. Plaintiff is Gina L. Abromitis, a citizen of Pennsylvania, residing at 280 Juniper Drive, Etters, York County, Pennsylvania. 2. Defendant is James Abromitis, Jr., a citizen of Pennsylvania, residing at 228 South High Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant are sui iuris and have been bonafide residents of the Commonwealth of Pennsylvania for at least six months immediately preceding the filing of this Complaint. 4. The parties are husband and wife and were lawfully married on April 13, 1996, in Dauphin County, Pennsylvania. 5. The marriage is irretrievably broken. 6. Neither Plaintiff nor Defendant are in the military or naval service of the United States or its allies within the provisions of the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940 and its amendments. 7 . There has been no instituted by either jurisdiction. prior of the action for divorce or annulment parties in this or any other " 8. The Plaintiff has been advised of counseling and of the right to request that parties to participate in counseling. the availability of the Court require the COUNT I Request for a Fault Divorce Under 330l(a) (6) of the Divorce Code 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. Defendant has offered such indignities to the Plaintiff, who is the innocent and injured spouse, as to render Plaintiff's condition intolerable and life burdensome. 11. This action is not collusive. 12. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, Plaintiff respectfully requests that the Court enter a Decree of Divorce, pursuant to 3301(a) (6) of the Divorce Code. COUNT II Request for Divorce Due to Irretrievable Breakdown Under 3301(c) of the Divorce Code 13. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 14. The marriage of the parties is irretrievably broken. I' " :1 I 15. After ninety (90) days have elapsed from the date of the filing of this Complaint, plaintiff intends to file an affidavit consenting to a divorce. plaintiff believes that Defendant may also file such an affidavit. 16. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, if both parties file affidavits to a divorce after ninety (90) days have elapsed from the filing of this Complaint, plaintiff respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(c) of the Divorce Code. COUNT III Request for Divorce Due to Irretrievable Breakdown Under 330l(d) of the Divorce Code 17. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 18. The marriage of the parties is irretrievably broken. 19. After a period of two (2) years has elapsed from the date of separation, Plaintiff intends to file her affidavit of having lived separate and apart. 20. Plaintiff has been advised of the availability of counseling and that Plaintiff and Defendant have the right to request the Court to require the parties to participate in such counseling. WHEREFORE, separation and if two (2) Plaintiff years have elapsed from the date of has filed her affidavit, Plaintiff II i' respectfully requests the Court to enter a Decree of Divorce, pursuant to 3301(d) of the Divorce Code. Respectfully submitted, DISSINGER and DISSINGER ~~~e~~ Attorney for Plaintiff Supreme Court rD # 27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 " I' VERIFICATION I, Gina L. Abromitis, verify that the statements made in the Divorce Complaint 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. Wfft2 yJiU~~ ~~L. ~o~itis, Plaintiff ~ -Ii:;}. - ~ ~ 0 6 - Crt ~ - u-> ~ .J:.. -c:. CI') ~ 1- ~:; ~ I" ~ ."') "::.- .-1 ;J i~"?~.,J~J€C'1. ~. ."" ( .\ :. .~~n \': l! ._,~ (y. .. GINA L. ABROMITIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. JAMES ABROMITIS, JR., Defendant CIVIL, ACTION NO. 04-2876 CIVIL TERM IN DIVORCE AFFIDAVIT OF MAILING COMMONWEALTH OF PENNSYLVANIA ss COUNTY OF CUMBERLAND Mary A. Etter Dissinger, attorney for Plaintiff, being duly sworn according to law, says that she mailed by United States Certified Mail, Restricted Delivery, a true and correct copy of the Plaintiff I s Complaint in Divorce in this action to the Defendant at his residence, and that Defendant did receive same as evidenced by the signed receipt dated June 25, 2004, attached hereto as Exhibit "A". ~~.~t~~ Attorney for Plaintiff Supreme Court ID #27736 28 North Thirty-second Street Camp Hill, PA 17011 (717) 975-2840 Sworn to and subscribed before me this twenty-eighth (28th) day of June, 2004. ~o.~ Notary Public NOTARIALSEAL MEGAN A. LABASHOSKY....., N* Can., HllIonI. ~,ib.lI.lldCiUtY My c....nJlllrn EllpnI NcIv. 18. 2lIOI 11 . Complete ~ems 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 mail piece, or on the front if space permits. ,. Article Addressed to: 3Cl.t"\N. ~ A I::lto~~; S,; Jr. :;>.)8 '5- \-lijl,.. ~tN.t~ fV\eth()J\('ts.~~ e4 l'los5 / 811i I 0 Express Mail o Registered 0 Return Receipt for Merchandise o Insured Mail 0 C.O.D. 4. Restril;ted Delivery? (Extra Fee) i ./' ~s 2. Article Number (Transfer from service label) PS Form 3811, August 2001 7003 3110 0002 7192 6873 Domestic Return Receipt 10259S-Q1-M.2509 1II"ll"~' ,"C"70 " firs~C1.llss-MaiI- ~ . '.', " . I 'Postage' &,' Pees.Paid p~i USPS' " .. ,',-- '['., cI Permit,No. <)-1,Cl, . Sender: Please~~me, addre~rs-;-affcrZIP+'nri lhri.~ix ~-:' ~ tH ()"SS;"Jif ClA() ()155iy ~ ~ ~ A~{orrXy 5 qJ ~ moo:; . d frl c-.) dSA.>. ~dn..s S~:t- cr:: :z: ffj = (!J ~r \--1.;1\ I fA J'/Cll\ I .., ~ I sa o , ''I iii ,., ,., , '" P' At' ... ..' (' l'i1/II'''I/''''''! Ill'" !<iI,!i..'/"",;I,',,, 'j"Jjc,~""W Lf-U' 1 I '\ ..... "!' U""'Pt(t',"j' r .)-") '1 ) EXHIBIT "An C) "'" 0 c,;, ~~~ c':::;, . n ~- C, :::! ;~--. hi "T, r "''''~ -." :-'1 ,,-, ~. i ill - , CJ ---, "-;-, ~:: i :.: ., -. - C' i '-. n C:) '. , ~-:"-. -(. .t..- 0") ('ij\ II GINA L. ABROMITIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. JAMES ABROMITIS, JR., Defendant CIVIl, ACTION NO. 04-2876 CIVIL TERM IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under s 3301(c) of the Divorce Code was filed on June 23, 2004 and served on J"une 25, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken nd 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 in divorce without otice. I understand that I may lose rights concerning alimony, alimony endente lite, marital property, division of property or lawyer fees nd expenses if I do not claim them before a divorce is granted. 5. 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 o me immediately after it is filed with the~rothonotary. 6. Plaintiff's and Defendant's ivorce are being filed with the espective consent documents. Waiver of Notice in s3301(c) Prothonotary as a part of their I verify that the statements made in this affidavit are true nd correct. I understand that false statements herein are made ubject to the penalties of 18 Pa. C.S. s4904 relating to unsworn alsification to authorities. ate: jU/-tP.5 ,i/j~iA$~~ 'Wa L.J'Abromitis, Plai tiff ",~1 (') .~\ -\., ';;::'] , -;'\" .- I,;:,') \',.) -~- II GINA L. ABROMITIS, Plaintiff IN TaE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA vs. JAMES ABROMITIS, JR., Defendant CIVIL ACTION NO. 04-2876 CIVIL TERM IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF DIVORCE DECREE UNDER SECTION 3301(C) OF THE DIVORCE CODE 1. A Complaint in divorce under ~ 3301(c) of the Divorce Code was filed on June 23, 2004 and served on crune 25, 2004. 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 in divorce without notice. 4. I understand that I may lose rights concerning alimony, alimony pendente lite, marital property, division of property or lawyer fees and expenses if I do not claim them before a divorce is granted. 5. 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. 6. Plaintiff's and Defendant's Divorce are being filed with the respective consent documents. Waiver of Notice in ~3301(c) Prothonotary as a part of their 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:~/-J/()5 I ~~ 111 ~=s Abromitis, Jr., Def " 1''',) '" (::::) (J ~G,~ ~T I D '-;':-' II GINA L. ABROMITIS, plaintiff IN THE COURT OF COMMON PLEAS OF C'~BERLAND COUNTY PENNSYLVANIA vs. JAMES ABROMITIS, JR., Defendant CIVIL ACTION NO. 04-2876 CIVIL TERM 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: 3301(c) of the Divorce Code. Irretrievable breakdown under s 2. Date and manner of service of the Complaint: June 25, 2004, by United States Certified Mail, Restricted Delivery. 3 . s 3301 (c) Defendant Date of execution of the of the Divorce Code: March 4, 2005. Affidavit of Consent required by By Plaintiff March 4, 2005; by 4. Related claims pending: NONE. 5. Date Plaintiff's Waiver of Notice in s 3301(c) Divorce filed with the Prothonotary: March 10, 2005 Date Defendant's Waiver of Notice in s 3301(c) Divorce filed with the Prothonotary: March 10, 2005 Respectfully submitted, DISSINGER AND DISSINGER Date' ".I'of"" . Jl) ";> ?1. /"J[" ' /'/t"'^-I Lj\ tl(~,/J-^-<'1~"""'~" ^--"'-- Mary A. Etter Dissinger J Attorney for Plaintiff 28 North 32nd Street Camp Hill, PA 17011 717-975-2840 cc: James Abromitis, Jr. Gina Abromitis (.:J ",,+::+.;Ii . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~~~~:+.~~~ ~;Ii~:+, :+.:+.:+. :+.~:+. :+.:+. ~+~:+.:+.~+:+.+~+:+.~~+ :+.:+.:+.~:+.~+~~~:+.:+.:+.:+.~:+.:+.+:+.+~:+.:+.:+.:+.:+.+ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. GINA L. ABROMITIS. Plaintiff No. 04-2876 VERSUS JAMES ABROMITIS, JR., Defendant DECREE IN DIVORCE Gina L. Abromitis , PLAINTIFF, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~:+.:+.:+. '+':+. Of'+' IS'" .20115", IT IS ORDERED AND AND NOW, /h bcA DECREED THAT James Abromitis, Jr. AND , DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONV. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT VET BEEN ENTERED; . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . :t'ilO:f. :+. lUo Ai ( - .. <' BvTHEC u~dd ~_ J. '~~"O'HONO'A"' +:+.+++:+.+ ++ +++ +++ '" +"''+' ~~+'+' "''+' ;Ii +'+'<f.;Ii+ "''+' '+' Of'+' :+."':+.'+' .. .. :+. ~ '+';I':+. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ,;/p -J? 1fl"J?Ytf r~,Ptl~ .S-(.) N C ~vtp(71:Y #1/ ~ ;P7>7'.y 47 plCl j(/. J,I.'- .' .