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Home My WebLink About04-3251Joshua Michael Etterman 1187 Letchworth Road Camp Hill, PA 17011 Plaintiff, vs. Marc S. Etterman 725 S. Barrington Avenue Los Angeles, CA 90049 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CIVIL ACTION - LAW No. 2004-3~.~1Civil Action - Law NOTICE YOU, MARC S. ETTERMAN, HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally, or by attorney, and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you, Marc S. Etterman, fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or fox any other claim or relief requested by the plaintiff, Joshua M. Etterman. You may lose money or property or other rights important to you. YOU, MARC S, ETTERMAN, SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICES SET FORTH BELOW. THESE OFFICES CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THESE OFFICES MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGA/~ SERVICES TO ELIGIBLE PERSONAS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 Joshua Michael Etterman 1187 Letchworth Road Camp Hill, PA 17011 Plaintiff, vs. Marc S. Etterman 725 S. Barrington Avenue Los Angeles, CA 90049 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CIVIL ACTION - LAW No. 2004- ~.~'/Civil Action - Law OF SERVICE AFFIDAVIT I, Joshua Michael Etterman, do solemnly affirm that on July 6, 2004 I mailed to Defendant, Marc S. Etterman, true and correct copies of the Notice to Defend and Complaint filed with the Prothonotary in and for the County of Cumberland, Pennsylvania on July 6, 2004 in the matter captioned above. Service was mailed via U.S. Postal Service Priority Mail, Certified Mail, Return Receipt Requested. Copies of service were forwarded to Defendant's home address and his requested address for correspondence, as reported by the California Department of Insurance and other public records, to wit: Home address: 725 S. Barrington Avenue, Unit 306 Los Angeles, CA 90049 USPS Tracking Number: 7003 1680 0005 5279 8311 Mailing address: PO Box 49256 Los Angeles, CA 90049 USPS Tracking Number: 7003 1680 0005 5279 8304 Return receipt for item number 7003 1680 0005 5279 8304 was received by ne on Monday, July 12, 2004 at my home address. Item was signed for by Marc S. Etterman and bears a postmark from the Los Angeles post office. A copy of all mailing receipts and return receipt are attached and incorporated within by reference. Dated this --1187 Litchworth Road ' -Pla~ntiff In Pro Se Camp Hill, PA 17011 (717) 514-9745 Commonwealt~of Pennsylvania County of ~&~,~ } S.S. BEFORE ME, the undersigned Notary,~{~.W~,/~ ,~on this ~day of July, 2004, personally appeared Joshua Michael Etterman, known to me to be a credible person of lawful age, who being by me sworn, on his oath, affirms that the information contained in this document is true and correct to the best of his knowledge and belief. sworn before me this ~day of Julys, , 2004. ~~X~res Member, pe~..~.~ , --~'~vanla Associallon Of No~'~ [] Express Mail [] C.C.,D, PS Form 3811, Fcbruap/2004 Domestic Return Receipl Joshua Michael Etterman 1187 Letchworth Road Camp Hill, PA 17011 Plaintiff, VS. Marc S. Etterman 725 S. Barrington Avenue Los Angeles, CA 90049 Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY - CIVIL ACTION - LAW No. 2004- Civil Action - Law COMPLAINT COMES NOW the Plaintiff, Joshua Michael Etterman, Plaintiff in Pro Se, and for his cause of action against Defendant, Marc S. Etterman, complains as follows: 1. Joshua Michael Etterman, born January 3, 1983 in The Town of Oyster Bay, NY, is the biologic child of Defendant, Marc S. Etterman. 2. Plaintiff has been a legal resident of this Commonwealth since August, 1993 and a resident of Lower Allen Township, Cumberland County since January 25, 2003. 3. Plaintiff believes the this Court holds personal jurisdiction over this matter under 42 PA C.S. §5322, et seq. 4. In the divorce matter of Carol Ann Etterman v. Marc Etterman (Etterman v. Etterman No. 2488/88) adjudicated by the Supreme Court of the State of New York in and for the County of Nassau, Defendant, Marc S. Etterman, lost all physical and legal custody rights pertaining to minor child Joshua Michael Etterman. Ail rights of custody and guardianship were granted to Carol Ann Etterman. 5. Family members of the Plaintiff, Joshua M. Etterman, gave at least 45 Series EE United States Savings bonds as gifts to the Plaintiff as a minor child. Defendant had extreme limited custody of these bonds. 6. Plaintiff has made several personal attempts to contact Defendant, Marc S. Etterman, and arrange for transfer of such bonds to Plaintiff. Defendant has either ignored such requests or steadfastly denied any requests for relief from Plaintiff. 7. Plaintiff's most recent request for relief to Defendant was made by Plaintiff's attorney, John R. Beinhaur, Esq. on April 12, 2004. The request was made by certified mail, return receipt requested. Return receipt was received in good order by Attorney Beinhaur bearing Defendant's signature. A photocopy of the receipt is attached hereto and incorporated within. 8. Plaintiff has made several requests to the United States Treasury, Bureau of the Public Debt for any and all records relating to bonds to which Plaintiff held interest. The Bureau of the Public Debt has provided to Plaintiff photostats of 45 Series EE U.S. Savings Bonds having an aggregate redemption value of $3,658.36 as of July 1, 2004. 9. Photostats of bonds provided by the Bureau of the Public Debt reflect that Defendant, Marc S. Etterman, redeemed all 45 bonds on or about February 2, 1996. Photocopies of such bonds are attached hereto and incorporated within. 10.No bonds redeemed by Defendant listed Defendant as a beneficiary of such instruments, except in some cases as a decedent beneficiary contingent upon the death of Plaintiff. il. Defendant, Marc S. Etterman, is currently licensed by the State of California as an insurance agent (license number 0B70937). Defendant was formerly employed as a Registered Representative of a National Association of Securities Dealers (NASD), Inc. member firm. AS part of the licensing requirements for registration with the NASD, representatives must show understanding of the responsibilities of fiduciaries. Defendant, Marc S. Etterman, was terminated as a Registered Representative in October 2001; however, additional information regarding termination and current status are not immediately available. Further information has been requested from NASD Regulation, Inc. 12.Defendant, Marc S. Etterman's, refusal to produce bonds issued in the name of Plaintiff or their cash equivalents is tantamount to theft (18 PA C.S. ~3921) and has caused Plaintiff unnecessary financial hardship and emotional distress. 13.Defendant, Marc S. Etterman's, actions in the redemption of said bonds and subsequen% refusal to produce the proceeds show a lack of respect for personal property rights and blatantly trespass upon Plaintiff's chattel. 14. Plaintiff believes that because of the Defendant's employ~ent history and knowledge of fiduciary responsibility that the Court should hold Defendant, Marc S. Etterman, to strict liability and seeks the following: a. Full face value of all bonds redeemed by Defendant as of July 1, 2004 in the amount of $3,658.36. b. Punitive damages from the Defendant based upon the face value of such bonds on February 2, 1996 ($2,547.56) and applying an interest rate equal to the annualized yield as of July 1, 2004 of the SPDR Investment Trust I (A publicly traded closed-end mutual fund linked to the S&P 500 Index) since inception of 10.47% accordinq to the American Stock Exchange. Such compounding upon the principal amount of $2,547.56 would yield $3,600.96 in interest for a total value of $6,148.52 as of July 1, 2004. c. Plaintiff seeks damages from Defendant, Plaintiff's biological father, Marc S. Etterman, for the emotional distress created up to and including so bringing this action against Defendant as compensatory and punitive due to the circumstances surrounding this matter. Plaintiff seeks damages of $50,000 or such other sum as the Court may see fit to award. d. Plaintiff also seeks from Defendant, Marc S. Etterman, full reimbursement of any and all costs associated with bringing this complaint. Such costs are not currently known but should be in excess of $],000. Plaintiff intends to amend this complaint when Plaintiff can make a full accounting of all costs. e. The amount claimed is greater than $25,000 and excepted from C.C.R.P. 13131-1. WHEREFORE, the Plain%iff, Joshua M. Etterman, respectfully requests that the Court will find the Defendant, Marc S. Etterman, to be liable for the torts perpetrated by the Defendant and further that the Court will grant damages and costs to the Plaintiff as compensation as requested and any additional amounts as the Court may see fit to award. Dated this~~ 1187 Letchworth Road Camp Hill, PA 17011 (717) 514-9745 JUL-06-2004 TUE 0~:45 A~ ~.001 ^TrDZr30t~¥S AZ,1D COl,h~SE1,o'r, t5 AT I~A~ E'o ,~- JVL-O6-~OQ4 lVE 08:45 AM .1 · . '[--'l.dJ t~l il.l il l[ il d. · t )EINHAU i CiLLO ATTOkNEYS AND COUNSELO2S AT LAW April 12, 2004 Maxc S. Ettennan P.O. Box 492546 Los Angeles, CA 90049-8546 Joshua M. Etterman U.S. Savings Bonds totaling $3,619.16. Dear Mr. Ett~fll~an: This office represents JoshuaM. Ettennan in the matter of certain U. S. Savings Bonds which, by Court Order, are his property. As o f the date o f this letter, my climt has not yet received these Bonds despite demand by Joshua and despite the Court Order for you to turn them over to Joshua upon his eruaucipadon. This lettex shall serve as legal demand, if you have violated the Corot Order, lhat the U.S. Savings Bonds, or their current financial equivalent of $3,619.16, be tendered immediately to the undersigned attorney for Joshua M. Etterman. If you do not tender the Bonds or their current value financial equivalent of $3,619.16, or both as the case may be, within ten (10) days bom the date of this letter, or make mutually agreeable art angeraents with this office for taxler of same, I will institute legal action against you on behalf ofmy client to enforce the New York Court Order of which you are in violation. If necessary, my client is prepared to file suit for the sums due. Therefore, it is to your advantage to immediately contact this office to resolve this matter. ALL INOUIRIES AND PAYMENTS SHOULD BE DIRECTED TO THIS OFFICE. In addition to the foregoing, if this office does not receive from you, in writing, within ten ( 1 O) days, a written denial contesting this claim, or any portion thereof, we will assume that you are admitting the claim to be valid and that the mount owing is correct. THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. JOSEPH A. CLII2CILLO, IlL ESQUII2E ~' JOHN R. BEINttAU2. ESQUlI~E 5964 LEXINGTON STI~EET HAP.12ISBU!k)G. PA 171o9 Ph: 717.651.9100 Fax: 717.651.9~200 WW~.BBINHAURCUI~CILLO.COM If you notify us in writing within ten ( 1 O) days o f the date o fthis letter that the claim, or any portion, is disputed by you, we will obtain verification of the debt and we will mail to you a verification of the claLrn. I have enclosed an inventory ofknown Bonds, but this demand is for all existing Bonds which belong to Joshua. Sincerely, BEINHAUR & CURCILLO VIA CERTIFIED MAIL RETURN RECEIPT REQUESTED cc: Joshua M. Etterman THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTA/NED WILL BE USED FOR THAT PURPOSE. ~ ~ ~ o o o ~ o olo o o ~ ~ o o o oto o o ~ o o o o o o o o o ~ ~ ~ o o o o ~ ~ ,I ,I i ooooooooo C WWWW {.9 0 tlJ E 0 JOSHb& M~CHA[L ~TTE~AN x~,~~-~ 9~3 SUkaIS[ AVE / // ~ POD a~ac SCOT /TTEa~ ~F~ ~e C~ ~e10-O2556Z ' ' ~/~.~ 'L231q39Q2~EE 357 68 5S5~ *-~ 9:3 SUNRISE AVE BELLMC~E, NY IiTlO POD MaRC SCOT ETTERMAN ~DV. 2&. 19~5 3~10-~2S$$i m:OOOOqOOO?l:O ] ! .IIyC ":' ~ L2ffq232qqbEE 0 ~.~,q 2 a, 2q 76.* /OOOOOOS~Si.,~ ! ! II I I II ! I I I I I II e:O000 ~0007::0 ] ~67 ~8 $5~ ,., "'~ 02, ~1986 I II I II I I JO.~."IJA Ni~.J'lAi. L E:TTE:n.~ 9O.], .5,~la l S E BELLJqOIt~.., ~ XX'J1.0 O~l~l ~:0000~0007,:0 ~ O/~._~.,%.,--~* L2B3~gqq23EE 06~ ~ 555~ · 90J ~UNR|$~ AVE PO~ ~ARC ~COT ~TI'~&IqAN l:O000qO007m:O ½ 'L:2LgbO2,LS'1OEE o ?r o ! ! I II & ! I ! ! ! 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I:0000'mqO001-' /000000 r~ ?r.r./ UNITEO STA'rF.,~ IA~ !l~lqlL ITII&'''~ I~ ~:O00O~O00 ?f:O ~, ~:0.000 qO007,:0 ~ I II II I I {'A_r¢~. 14~ 12 I~ q,~. o~ b/or II 903 SUIdKX$~ AVE ~LLR~ NY PCI) NARC SCOT ~:0000~0007~:0~ I I11 I ,JOSHUA MICHAEL 903 SU#aISE AV£ ~ ~ ' '~ POO MARl:: SCOT ETTER~AN . ~ ~0 CO "~ ~31 qsq 888E ~:OOOOqO00?,:Ot OE?LqB~GGG~ t ~2~' ! ! --- I ! 24' I Il I I I ! I~ ,~ JOSJ'&JA IqZCFL4, EL ETTERPL~N ~--~ ..... i. -; ~.0000~000 ?;:0 ~ I I I I II I I ! II L 171 005 174 EE L201 571 241££ UNITED ~TATES SA~IK~ ~OIID-$ERIF~ EE ", SEP, 0#, ~98q SERIF~ r~,.ooooqooo~- qlOP L 1.70 998 345 EE Uf~ITED ITAI'FJ SAVI~ ~(~Ii)-~RIES E:E BEZ3,iKXI~, NY 11710 ~J! ~%~,.~a, ~5o ,w. 33RO,'.~ST. UNITED ~"TA?E$ i~4~ ~:~IO-~,~RIE~ EE L !67 562 390 EE UNITED STATES SAVINGS BC)~D-S~RIE$ EE LS9 G89 012 EE JosHUA M. ETTERMAN, plaintiff MARC S. ETTERMAN, Defendant 1N THE COURT OF COMMON PLEAS OF CUMBERLAND cOUNTY, pENNSYLVANIA NO. 2004-3251 CIVIL ACTION-LAW TO: JOSHUA M. ETTERMAN, Plaintiff, Pro Se YOU ARE HEREBY NOTIFIED TO FILE A WRITTEN RESPONSE TO THE ENCLOSED pRELIMINARY OBJECTIONS WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A JUDGMENT MAY BE ENTERED AGAINST YOU. MARTSON DEARDORFF WILLIAMS & OTTO David A. ]Fitzsimons, Esquire I.D. Number 41722 Ten East High Street Carlisle, PA 17013 (717) 243,-3341 Attomey~ for Defendant JOSHUA M. ETTERMAN, Plaintiff MARC S. ETTERMAN, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3251~ CIVIL ACTION-LAW pRI~.I,IMINARY OBJECTIONS TO PLAINTIFF'S COMPLAINT AND NOW, comes Defendant, Marc S. Etterman, by and through its attorneys, MARTSON DEARDORFF WILLIAMS & OTTO, and files these Preliminary Objections as follows: 1. Plaintiff's Complaint was filed on or about July 6, 2004, and sent by mail to Defendant's residence in California. 2. Defendant has been a resident of California sim:e 1990, and has since conducted no business or contacts with Pennsylvania. 3. Plaintiff is Defendant's son. 4. Defendant, Plaintiff and Plaintiff's mother were residents of the State of New York at the time of the divorce between Defendant and Plaintiff's mother. 5. The divorce is a New York State Decree. 6. Defendant moved from new York state to California in 1990. I. PERSONAL JURISDICTION PURSUANT TO Pa. R.C.P. 1028 (a) (1) 7. The averments of Paragraphs 1 through 6 are incorporated herein and reasserted as if fully set forth. 7. Defendant has not by any action consented to the exercise of personal jurisdiction by the Commonwealth of Pennsylvania. 8. This Court does not have personal jurisdiction over Defendant, Marc S. Etterman, as Defendant is domiciled in Califomia and was served in Caliibrnia. 9. The pennsylvania long-arm statute does not apply to Defendant as Defendant has had no contact pertinent to this action with the Commonwealth of Pennsylvania. 10. Exercise of personal jurisdiction over Defendant by this Court would be a violation of due process, as Defendant does not have minimum contacts with the state. WHEREFORE, Defendant Marc S. Etterman prays that this Court will dismiss the Complaint with prejudice, and award such other relief as the Court deems !just and reasonable. II. DEMURRER PURSUANT TO Pa. R,~C.P. 1028 (a) (4) PUNITIVE DAMAGES 11. set forth. 12. The averments of Paragraphs 1 through 10 are remcorporated and asserted as if fully Plaintiff requests punitive damages for emotional distress resulting from his own actions in bringing this suit. 13. Plaintiff's request for punitive damages for emotional distress is improper, as emotional distress is not incidental to the cause of action pleaded. 14. Plaintiff failed to plead facts sufficiently required for imposition of punitive damages. WHEREFORE, Defendant Marc S. Etterman prays that this Court will dismiss the Complaint with prejudice, or alternatively, if the Court deems the Defenda]at is subject to its jurisdiction, strike Plaintiff's claim for punitive damage, and award such other relief as the Court deems just and reasonable. Date: July 26, 2004 MARTSON DEARDORFF WILLIAMS & OTTO David A. Fitzsimons, Esquire Attorney I.D. No. 41722 Ten East High Street Carlisle, PA ]~7013 (717) 243-3341 Attorneys for Defendant VERIFICATION David A. Fitzsimons, of the firm of MARTSON DEA/RDORFF WILLIAMS & OTTO, attorneys for Defendant in the within action provides this attorney's verification in accordance with Pa. R.C.P. §1024 (c) (2), and certifies that the statements made in the foregoing Preliminary Objections are tree and correct to the best of his knowledge, info.rmation and belief. Defendant is aresident of Califomiaand verification could not be obtained prior to filing. A personal verification of Defendant will be substituted. David A. Fitzsimons CERTIFICATE OF SERVICE I, Tricia D. Eckenroad, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Preliminary Objections to PlaintiWs Complaint was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Joshua Michael Etterman 1187 Letchworth Road Camp Hill, PA 17011 Dated: July 26, 2004 MARTSON DEARDORFF WILLIAMS & OTTO Ten East High Street Carlisle, PA 17013 (717) 243-3341 JOSHUA M. ETTERMAN, Plaintiff MARC S. ETTERMAN, Defendant : 1N THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-3251 CIVIL ACTION-LAW PRAECIPE TO THE PROTHONOTARy OF CUMBERLAND COUNTY: Please substitute the attached Verification for the Verification filed with Defendant's Preliminary Objections to PlaintifFs Complaint. DORFF WILLIAMS & OTTO David A. Fitzsimons, Esquire I.D. Number 417:22 Ten East High Street Carlisle, PA 17013 (717) 243-3341 Date: July 27, 2004 Attorneys for Detbndant 07/22/2004 16:15 7172431887 HD~O PAGE 05/86 the best of~7 Imowl~l~,/afomm/on aha t~li~f. the pe~ltim of 18 Ps-C.S.A. CERTIFICATE OF SERVICF, I, Tricia D. Eckenroad, an authorized agent ofMartson DeardorffWilliams & Otto, hereby certify that a copy of the foregoing Praecipe was served this date by depositing same in the Post Office at Carlisle, PA, first class mail, postage prepaid, addressed as follows: Mr. Joshua Michael Etterman 1187 Letchworth Road Camp Hill, PA 17011 Dated: July 27, 2004 MARTSON DEARDORFF WILLIAMS & OTTO ( T-ri~a D. Eck~rrroad "---~Ten East High Street Carlisle, PA 17(}13 (717) 243-3341 PRAECIPE FOR LISTING CASE FOR ARGUMENT (MuSt be typewritten and su~nitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND coUNTY: Please I i~t the within matter for the next Argu~nent Court. CAPTION OF CASE (entire caption must be stated in full) ( pi ai ntiff) ( Defe~r~ant ) State matter to be argued (i.e.~ p. ~1~. tiff's ~otion for new trial, defe~ant's 2. Identify counsel who ~ll argue case: (a) for plaintiff: (b) for def~ ~s: ~ ~ ~ o 3. I ~33 ~t~ ~ 3~t~ for ~t. w Joshua Michael Etterman Plaintiff, vs. Marc S. Etterman Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 2004-32!51 Civil Action - Law RESPONSE TO DEFEND~T'S PRELIMII~ARY OBJECTIONS AND NOW, comes Plaintiff, Joshua M. Etterman, Plaintiff Pro Se, and files this response to Defendant's Preliminary Objections as follows: 1. Defendant's objections were filed on July 26, 2004 and sent by certified mail to Plaintiff's residence in Lower Allen Township, PA. 2. Defendant asserts that he has been a resident of California since 1990, and has since conducted no business or contacts with Pennsylvania. 3. Plaintiff is Defendant's biological child. 4. Defendant, Plaintiff and Plaintiff's mother were residents of the State of New York at the time of the divorce between Defendant and Plaintiff's mother. 5. The divorce action between Plaintiff's Mother and Defendant is a New York State Decree. 6. Defendant asserts that he moved from New York State to California in 1990. 7. Defendant has held title to real property located within this Commonwealth. 8. Photostats of savings bonds provided by the Bureau of the Public Debt reflect that Defendant, Marc S. Etterman, redeemed all 45 bonds on or about February 2, 1996. Copies of same are attached to Plaintiff's original complaint and service provided to Defendant. 9. No bonds redeemed by Defendant listed Defendant as a beneficiary of such instruments, except in some cases as a decedent beneficiary contingent upon the death of Plaintiff. I. Personal Jurisdiction Pursuant to Pa.R.C.P. 1028 (a) (1) 10. The averments of Paragraphs 1 through 9 are incorporated herein and reasserted as if fully set forth. 11. A Judgment of Divorce between Carol Ann Lombardozzi, then known as Carol Ann Etterman and Marc S. Etterman was entered in the Supreme Court of the State of New York, in and for the County of Nassau, on the 5tn day of September, 1990, Index No. 2488/88. A copy of this ~udgment is attached herewith and incorporated by reference. 12. A judgment, entered into as a unanimous consent decree, in the matter of the aforementioned divorce, was entered in the Supreme Court of the State of New York, in and for the County of Nassau, on the 9tn day of October, 1990. A copy of this Judgment is attached herewith and incorporated by reference. 13. Defendant did not pay child support as ,ordered in said Judgment and an arrearage was in effect until April 12, 2002. 14. Dauphin County Domestic Relations registered said Judgment and enforced same under the Uniform Interstate Family Sapport Act, 23 Pa. C.S. § 7101, et seq. Said case was listed as an interstate case, nun~er 7986100197. 15. Defendant, through his attorney, Dennis Fuire, contacted Plaintiff and Plaintiff's mother, Carol Ann (Ettermsn) Lombardozzi, in or about March of 2002 to arrange a settlement agreement on child support arrearage. Defendant's action came upon garnishment of Defendant's wages by the Los Angeles County Bureau of Family / Child Sup]oort Operations. 16. Defendant, through his attorney, Dennis Fuire, secured a Release of Claims from Plaintiff and Plaintiff's mother for child support arrearages and settled said matter for the sum of $40,000. 17. Items 2 and 3 of the Release specifically reference the savings bonds which are central to this matter, to wit: a. "2. Carol Lombardozzi now and forever releases and discharges Marc S. Etterman from any and all claims, demands, losses, expenses, damages, liabilities, actiens and causes of action of any nature, that in any manner ar[se from or relate to any and all savings bonds..." b. "3. Carol Lombardozzi's release as to paragraph two of this section does not bind Joshua Etterman." 18. Plaintiff and Plaintiff's mother were residents of Dauphin County, Pennsylvania at the time. 19. The Release of Claims secured by Defendant constitutes a contract. Said contract was entered into on April 12, 2002 and notarized by Charmaine Taylor, notary public in Harrisburg, Dauphin County, Pennsylvania. 20. In securing the aforementioned Release, Defendant availed himself to the laws and protection of the Commonwealth and the services of a Notary Public, an agent of the Co~onwealth. 21. Defendant's release relating to a Uniform Interstate Family Support Act claim specifically incorporated reference to the subject of this matter (the aforementioned savings bonds). 22. Defendant, along with Plaintiff's mother; Mary Beth and Frank Genova h/w, Plaintiff's maternal aunt and uncle; and Harry S. and Julia E. Wucher h/w, Plaintiff's maternal grandparents; held title to a condominium located in Jackson Township, Monroe County, Pennsylvania. Property is identified as Assessor's Parcel Number 08-6353-20-80-5203-U1260-1. 23. Defendant continued to hold title in said property after 1990, the year in which Defendant asserts his residency in California. 24. Defendant's prior ownership of property within the Commonwealth, after the date of said divorce, shows that he has availed himself of the rights and privileges of an owner of real property within this Conunonwealth and creates a direct prior contact with this Commonwealth. 25. A court of this Cor~monwealth has the authority to exercise in personam jurisdiction over a non-resident individual in securing pa~anent of support to a resident of this Commonwealth. 23 Pa. C.S. ~ 7101, et seq., Mack v. Mack, 10 Pa. D. & C. 4th 365 (1991) 26. Pennsylvania long-arm statute extends jurisdiction to the fullest extent allowed under the Constitution of the United States and may be based on the most minimum contact with the Couhmonwealth. Resnick v. Manfredy, E.D.Pa.1999, 52 F.Supp.2d 462. 27. The Court is requested to determine whether an exercise of personal jurisdiction comports with due process. In so doing, the court is asked to ascertain whether Defendant purposefully established minimum contacts in this state and purposely directed Defendant's activities toward a resident of this Commonwealth. Resnick v. Manfredy, E.D.Pa.1999, 52 F.Supp.2d 462. 28. In considering fairness of forum in Pennsylvania asserting personal jurisdiction over a non-resident defendant in cases involving a contract, the Court is asked to analyze the affiliational activity of Defendant in the course of the transaction and economic impact of the transaction upon the resident plaintiff. Haeberle v. Texas International Airlines, E.D.Pa.1980, 497 F.Supp. 1294. 29. In determining whether nonresident defendant has minimum contacts with the forum state, the Court is requested to examine whether the Defendant's actions are such that Defendant should reasonably anticipate being hauled into court here. Nichols v. Costa, W.D.Pa.1992, 794 F.Supp. 165. 30. The Court may determine on a case-by-case basis whether the non- resident Defendant had purposely availed himself of the privilege of conducting activities within this state and enjoying the benefits and protections of its laws in determining long-arm jurisdiction. Action Industries, Inc. v. Wiedeman, 346 A.2d 798, 236 Pa. Super. 447, Super.1975. WHEREFORE, Plaintiff Joshua M. Etterman respectfully requests that this Court will sustain the Complaint on the basis that Defendant's prior acts, entrance into the aforementioned release of claims, the Court's extensive powers under the Commonwealth's long-arm statute and the prima facie nature of the Defendant's torts in trespass have established minimum contacts with this Commonwealth so as to continue this matter within the established forum. Dated this~'~ day /'~ 1187 Letchworth Road Camp Hill, PA 17011 (717) 514-9745 Verification I, Joshua M. Etterman, Plaintiff Pro Se in the within action certify that the statements made in the foregoing Response to Defendant's Preliminary Objections are true and correct to the best of my knowledge, information and belief. Further I certify that all photocopies auld attachments incorporated within this document are true and correct copies to the best of my knowledge, information and belief. I understand that false statements made herein are subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Camp Hill, PA 17011 (717) 514-9745 Certificate of Service I, Joshua M. Etterman, Plaintiff Pro Se, hereby certify that a copy of the foregoing document was served this date upcn Defendant's attorney by depositing same in the Post Office at~-%¢~%~_ ~ first class mail, postage prepaid, addressed as follows: Attorney David A. Fitzsimons Martson, Deardorff, Williams & Otto Ten East High Street Carlisle, PA 17013 Date: This Release of Claims is executed on tbis t~,~- ,,-, ~_ , 2002, by Carol Lombardozzi, and Joshua F. tte~_an, born January 3, ! 983, rcferred to in tiffs Release as ::Releasers,' in favor of Marc .q EttermaP. referred to in this Rclcase as RECITALS This Release is made and delivered with reference to the fi~llowing fkcts: A Judgment of Divorce between Carol Lombardozzi, then known as Carol Ann Etterman, and Marc S. Etterman was entered in the Supreme Court of the State of New York, County of Nassau, on the 5ta day of September 1990, Index No. 2488/88. As part of the judgment, certain orders were made, including, bnt not limited to, the following: "Marc S. Etterman will pay as child suppon: for Joshua Etterman, the sum of $175 every two weeks... "; "That all savings bonds presently m the name of infant loslma Etterman will be identified by face value, number and date of purchase and will be turned over to the beneficiary, Joshua Etterman, al: the time of his emancipatto ... Parties agree that child support has not been paid as ordered and that there is currently an arrearage owed on this obligation. The Los Angeles County Bureau of Family/Child ;Support Operations, 5770 South Eastern Avenue, Commeme, Caiifbmia 90040-0000, is currently acting to collect this child support arrearage under case identification number 0431771501. The Dauphin County Domestic Relations, P.O. Box 1295, Harristmrg, Pennsylvania 17108, hasthis case listed asan interstate case under case number 7986100197. Carol Lombardozz/declares under penalty of perjury that at no time since this Judgment of Divorce has the right or obligation of support or public assistance of infant Joshua Etterman been assigned to any county or state agency, in the States of New York, California, Pennsylvania, or any other state of the union of the United States of America. ~-~ Initials/Carol Lombardozzi The parties have reached a settlement and compromise regarding the arrearage owed on the child support obligation wherein Marc S. Etterrnan pays the sum of forty thousand dollars and no cents ($40,000) to Carol Lombardozzi in full and final settlement of the child support claims. Carol Lombardozzi executes and delivers this Release in consideration of the sum of forty thousand dollars and no cents ($40,000). I, the undersigned, have read this Release and understartd all of its terms. voluntarily and with full knowledge of its significance. Releasers, Carol Lombardozzi and Joshua Etterm~n, now and forever release and discharge Marc S. Etterman from any and all claims, demands, losses, expenses, damages, liabilities, actions and causes of action of any nature, that in any manner arise fi.om or relate to child support obligations or arrearage. Carol Lombardozzi now and fbrever rdeases and discharges Marc S. Etterman from any and ail claims, demands, losses, expenses, damages, liabilities, actions and causes of action of any nature, that in any manner arise from or relate to any and ail savings bonds, whether in her name, in the name of Joshua Etterman or in any other name under which she may have heretofore had any claims, demands, losses, expenses, damages, liabilities, actions and causes of action of any nature. Carol Lombardozzi's release as to paragraph two of this section does not bind Joshua Etterman. Carol Lombardozzi and Joshua Etterman agree to si~w any documents required by any state or county agency notifying them that Marc S. Etterman has satisfied his child support obligation in full. Carol Lombardozzi and Joshua Etterman further agree that they will sign any such documents provided to her mad return them to the appropriate party within ten (10) days of her receipt of such documents. Carol Lombardozzi and Joshua Etterman finally agree to indemnify, defend, and hold Marc S. Etterman harmless against any claims, demands, liabilities, expenses, losses, or damages, including attorney fees, which may aris,: from the falsity or breach of any representation, covenant, or warranty contained in this Release. I execute it Carol Lombardozzi'~c/ Q~ ......... Y-Jo~tterman I, the undersigned, have read this Release and understand all of its terms. voluntarily and with full ~kr?w~dge of its significance. Date: I execute it Page 2 of 3 CERTIFICATE OF ACKNOWLEDGMENT OF NOTARY PUBLIC STATE OF ~.. SS. COUNTY OF ~ :"~ >Ih' ;' ) ;" . . : ~. ~ r ' ~ -~ · r, ~.- ,- i ~, ~.. , Notary Public, pem~lly appe~ [ ] ~rm~lly ~m to me or [¢] pmv~ to me on a* b~sis of satisfaclo~ ~dence to ~ ate person(s) whose nme(s) is/~e subscri~d executed it. Witness my hand and official seal. Notary Public ......... Page 3 of 3 At an IAS T~ ~a~ of the Supreme Court of the State of New York held in and for the CoUnty of Nassau at the Courthouse located at 100 Supreme Court Drive, Mineola, New York, on the q~ day of ~emhm~, lg90. PRESENT: Hon'. Martlyn Friedenberg~ Justice. CAROL ANN ETTERMAN, Plaintiff, - against- MARC ETTERMAN, Defendant~ ................. X JUDGMENT Index No. 2488/88 Assigned Judge: Monorable Marilyn Friedenberg The plaintiff, having brought this action for a Judgment cf Absolute Divorce on the grounds cf the cruel and inhuman treatment of the defendant toward the plaintiff and the Summons end Verified Complaint with notice ~?ari~g %he notation, "Action for a Divorce" having been duly served upon the defendant personally within the State cf New York, and the defendant having counterclaimed for divorce by reason Of the .... ~ .... ~- abandonment of the defendant by the plaintiff, and the plaintiff having replied to the Counterclaim and the defendant thereafter having withdrawn his Counterclaim and Answer, and the plaintiff having amended her cause of action 'to one for ccnn%ru~tive. abandonment on consent and the matter thereafter having been referred to me by order of Sonorable Leo F. McGinity, ministrative Judge of the Supreme Court of Nassau County, es a Judicial Hearing Officer, and the parties and their respective attorneys having agreed end stipulated that I may hear this matter as a Supreme Court Justice in lieu of my assignment as e Judicial Hearing Officer, and the parties having appeared before me plaintiff by her attorney, Joseph W. Muldoon, Esq,, end defendant by his attorney, Kevtn E~ Rockitter~ Esq., end thereafter substituted by Barton H, Hesnicoff, Esq., and the parties thereafter entering into a Stipulation Of Settlement on Juns'20, 1990, ~.t is ORDER, ADJUDGED and DECREED 'that ,~he defendant, Marc Etterman, will pay as and for child support for Joshua Etterman be~n 9n 3~-.,~y q, ~9~ the sum of ~175~00 ~very two weeks, said payment tO be made at the resideno~ of %he plaintiff by cash, check or money order payabl~ to th~ p~s~ntiff and it ~s further ORDERED, ADJUDGED and DECREED that the defendant shall have %he rfGht of visitation with his son, JoshUa Etterman, at the faoillty designated as EAC Supervised Visitation Program, 50 Clinton Avenue~ Suite 104, Hempstead, NeW York, ~n 8 weekly basis as presently provided and scheduled, with supervision, and it is Eurther, ORDERED, ADJUDGED and DECREED that the defendant wlll execute a Deed in proper form for recording conveying all hfs right, title and interest in a condominium designs%ed as Unit 126 in the Village of Camelbaok, Jackson Township, Monroe County, stere of pennsylvania, to the plaintiff subject to any liens mhd encumbrances presently assessed thereon and it is further, ORDERED, ADJUDGED AND DECREED that all savings bonds presently in the name of the ~~~ Wl~A be identified by face value, number and date of purchase and will be turned over to the beneficiary, Joshua Etterman, at the time of his.emancipation and it is further, ORDERED, ADJUDGED and DECREED that pursuant to the provisions o~.the Stipulation of the parties'herein, both parties ~aiv~__~_~ maintenanc~ '~ from the other and furkhe~ ~hak ~he pl~inkiff h~rei~niv~~mrr~ars bokh in ohild suppork or in main~enanc~ aberue~ well nm ~n~ inkerem~ mh~ may have in def~ndan~~m p~nsion, proftk mharin9 or ~nvin~s plan or savings in~en~iv~ plan b~ virkue ~f bis emplo~m~n~ mnd i~ ts further, ORDERED, ~DOUD~ED mhd DECREED ~ha~ is oUrren~ in his p~ym~n~ of ~hild suppork, he will b~ ~n~ikl~d to have the child 8s an exemption for tax purposes and the plaint~ff will execute as necessary papers %0 effectuate th~s to plaint,ff's counsel, Joseph W- "uld°°n, E~~.T:° ThoUsand Six Hundred Twenty-Cos (2,621.0/0~D~llsrs w~hie thirty (30) days from ~he se~~Judgment upon defendant's s Ju.~-f6r said sum may be obtained by ~ubm~%~ng an Affidav~t ORDERED, ADJUDGED and DECREED %h8% %he SE~pula~io~ entered into between %he parties on June 20, 1990 is %o be ~ncorpora~ed by reference and no% %o mer~, but %o survive sam~ for all ~nEents and purposes. ENTER · OCT ! 5 19cJ) PRESENT: Hon. Gabriel S. Kohn, At an 1AS Term, Part ?{ of the Supreme Court of the S~ate of New York, held in end for the County of Namssu, st the Courthouse located st Supreme Court Drive, Mineola, New York, on the day of ~X~t, 1990. Justice. CAROL'ANN ETTERMAN, - against - MARC ETTERMAN, Plaintiff, Defendant. JUDGMENT OF DIVORCE Inde~ NO. 2488/88 Assigned Hon. Gabriel S. Kohn The plaintiff having brought this action for a Judgment of absolute divorce on the grounds of the cruel and inhuman treatment of the defendant toward the plaintiff, and the Summons & Verified Complaint with notice bearing the. notation, "Action for a Divorce" having been duly served upon the defendant personally within the State of New York, and the defendant having counterclaimed for divorce by reason of the c~t-~"2 aban~onm~-~t of the defendant by the plaintiff, end the plaintiff' having replied to the counterclaim and the defendant thereafter having withdrawn his counterclaim and answer, and the plaintiff having amended her to one for e~nstrue~v~ abandonment on consent, cause of action and the parties hsvlng appeared before me, plaintiff, by her attorney, JOSEPH W. MU~DOON, ESQ., and defendant by his attorney, KEVIN E. ROCKITTER, ESQS., and the plaintiff having given proof a~ in support of the essential allegations of her complaint for divorce as emended, end such proof having bee, considered by me, I decide sod find, as stated in the separate Findings cf Fact and Conclusions of Law of even date herewit~,¢ NOW, THEREFORE, on ~tioo of JOSEPH M. MULD(~]N, ESQ., attorney for the plaintiff, it is ORDERED, ADJUDGED AND DECREED, that %he marriage between CAROL ANN ETTERMAN, plaintiff, and ~RC ETTER~, ~afendant, is dissolved on the grounds of the defendant's abandonment of the plaintiff for a period of one (1) ye~r or more, and i~ is further ORDERED, ADJUDGED AND DECREED, that the plaintiff shsll have custody of the infant child of the marriage, JOSHUA ETTERMAN, born January 3rd, 1983, and it is further ORDERED;--AOOUDGED-AND DECREED,--that-uP°e"c°nsemt of the par~ies;--al~-ancillarymatters'are"hereby£re~er~ed-t°-a-judici~l hearing-officer--to hear--and-determine,--and i%~-is--~urthe~ ORDERED, ADJUDGED AND DECREED, .%hat the plaintiff be permitted to resume the use of her ~aiden name, to wit; CAROL ANN ~N3CHER, or other former surname. ENTER J.S.C. GBA NTED ENTERED H~6~ ~, ~ONI 1ELL HAROLD W. /~OI,IIgELL C~RK COUNTY CLERK QF JOSHUA M. ETTERM3tN, : Plaintiff : MARC S. ETTERMAN, : Defendant : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 04-3251 CIVIL TERM ORDER OF COURT AND NOW, this 22nd day of September, 2004, it appears after argument that there are factual disputes regarding the nature and the extent of the Defendant's contact with Pennsylvania as a result of the settlement of the child support case. The parties are given 45 days to supplement the record in order that the Court may resolve this factual dispute. At the end of that time period, either party may relist the Defendant's preliminary objections for reargument. Edward E. Guido, J. Joshua M. Etterman 1187 Letchworth Road Camp Hill, PA 17011 Plaintiff, Pro se David A. Fitzsimons, Esquire ~ ~ ~.2~-~ For the Defendant .'~-5 srs