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HomeMy WebLinkAbout04-3947 " GINA L. ABROMITIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. JAMES ABROMITIS, JR., Defendant CIVIL ACTION - CUSTODY NO. 64~~q41 ~ 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 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 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 for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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 71 7-249-3166 (Y1lU:fj ~ .lJjflA {[JM /1I(7/' A Mart . Etter Dis~inger a Attorn y for Plaintiff II GINA L. ABROMITIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - CUSTODY JAMES ABROMITIS, JR., Defendant NO.Ot..;__ J1't7 c..:....:.<. ~ COMPLAINT FOR CUSTODY 1. Plaintiff is Gina L. Drive, Etters, York County, Abromitis, residing Pennsylvania. at 280 Juniper 2. Defendant is James Abromitis, Jr., residing at 228 South High Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff seeks Name Taylor L. Abromitis custody of the following children: Present Residence 280 Juniper Drive Etters, PA 17319 Age 5 228 S. High Street Mechanicsburg, PA 17055 Emily E. Abromitis 280 Juniper Drive Etters, PA 17319 3 228 S. High Street Mechanicsburg, PA 17055 4. The children were not born out of wedlock. 5. The children are presently in the custody of Plaintiff who resides at 280 Juniper Drive, Etters, York County, Pennsylvania, and Defendant who resides at 228 South High Street, Mechanicsburg, Cumberland County, Pennsylvania. 6. During the past five years, the children have resided with the following persons at the following addresses: 'I Ii Persons Gina L. Abromitis James Abromitis, Jr. Taylor L. Abromitis Gina L. Abromitis James Abromitis, Jr. Taylor L. Abromitis Emily E. Abromitis Gina L. Abromitis Taylor L. Abromitis Emily E. Abromitis James Abromitis, Jr. James Abromitis, Sr. Cecilia Abromitis Taylor L. Abromitis Emily E. Abromitis James Abromitis, Jr. Taylor L. Abromitis Emily E. Abromitis Addresses 513 Shelley's Lane Etters, PA 17319 Date 7/7/99- 7/12/00 513 Shelley's Lane Etters, PA 17319 7/12/00- 6/1/03 280 Juniper Drive Etters, PA 17319 6/1/03- present 28 Park Circle Middletown, PA 17057 6/1/03- 11/1/03 228 S. High Street Mechanicsburg, PA 17055 11/1/03- present 7. The mother of the children is Gina L. Abromitis who currently resides at 280 Juniper Drive, Etters, York County, Pennsylvania. 8. She is married to James Abromitis, Jr. 9. The father of the children is James Abromi tis, Jr., who currently resides at 228 S. High Street, Mechanicsburg, Cumberland County, Pennsylvania. 10. He is married to Gina L. Abromitis. 11. The relationship of Plaintiff to the children is that of mother. The Plaintiff currently resides with Taylor L. Abromitis and Emily E. Abromitis. 12. The relationship of Defendant to the children is that of father. The Defendant currently resides with Taylor L. Abromitis and Emily E. Abromitis. II 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. 14. Plaintiff has no information of a custody proceeding Iconcerning the children pending in a court of this Commonwealth. 15. 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. 16. The best interest and permanent welfare of the children will be served by granting the relief requested because she has been the primary care giver and can provide a more stable environment within which the children will grow and flourish. 17. 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. All other persons, named below who are known to have or claim a right to custody or visitation of the children will be given notice of the pendency of this action and the right to intervene: None. WHEREFORE, Plaintiff requests the Court to grant custody of the children to Plaintiff. Respectfully Submitted: DISSINGER AND DISSINGER By: vl/Ort /J ab~ 1)~/~t;f// M~~ Et~r Dissinger d- Attor y for Plaintiff Supreme Court I.D. #27736 28 N. 32nd Street Camp Hill, PA 17011 (717) 975-2840 II VERrFrCATrON I, Gina L. Abromitis, verify that the statements made in the foregoing document 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. ~d~~ 'tirf{l L{/J:o~omi tis ~R ~ J'-, ---C..~ ~u- ---f-- -. ('. 'r-\J ~ u- ~ -..... ('. u'" \ J r:- C) ~ c' 1--,,) , -: :: ) - ~ . r--. p, ,. " GINA L. ABROMITIS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA vs. CIVIL ACTION - CUSTODY JAMES ABROMITIS, JR., Defendant NO. 6\.f- 6Cf<-f1 ~ STIPULATION AND AGREEMENT OF THE PARTIES Gina L. Abromitis, Plaintiff, and James Abromitis, Jr., Defendant, hereby stipulate and agree that the Court shall enter an Order concerning custody and visitation of Taylor L. Abromitis and Emily E. Abromitis as follows: 1. Gina L. Abromitis shall have primary legal and physical custody and control of Taylor L. Abromitis and Emily E. Abromitis. 2. James Abromitis, Jr., shall have such rights of partial custody as follows: a. 1. Beginning on Wednesday, July 7, 2004, James Abromitis, Jr., will have the children overnight every other Wednesday and Thursday, with the custodial period beginning on Wednesday at 5: 30 p. m. and ending on Friday at 8:00 a.m. 2. Beginning on Monday, July 12, 2004, James Abromitis, J-r., will have the children overnight every other Monday, with the custodial period beginning on Monday at 5:30 p.m. and ending on Tuesday at 8:00 a.m. " 6. Defendant shall not consume alcohol while he has custody of the children. Respectfully submitted, ,~ti u1 /ld~; ~ &f~-L. ~~omltls cl ~ fYI, James Abromitis, r-~, -.-, c:. ,',:, " INA L. ABROMITIS, Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OF PENNSYLVANIA AMES ABROMITIS, JR., Defendant CIVIL ACTION - CUSTODY No.6Lf- 3r'f 7 ~ ORDER AND NOW, this IJ~ day of 4".r...v , 2004, upon - , onsideration of the Complaint filed in this matter and the tipulation and Agreement of the Parties and upon motion of Mary . Etter Dissinger, Esquire, it is ORDERED that primary legal nd physical Custody of Taylor L. Abromitis and Emily E. romitis is hereby awarded to Gina L. Abromitis. FURTHER, James Abromitis, Jr., shall have such rights of artial custody with Taylor L. Abromitis and Emily E. Abromitis s follows: . Beginning on Wednesday, July 7, 2004, James Abromitis, Jr., ill have the children overnight every other Wednesday and with the custodial periOd beginning on Wednesday at and ending on Friday at 8:00 ,a.m. . Beginning on Monday, July 12, 2004, ,Tames Abromitis, Jr., ill have the children Overnight every clther Monday, with the period beginning on Monday at 5:30 p.m. and ending on uesday at 8:00 a.m. ('Ie" t. V :7. 1\,' f'\ L' I '.ell'" ;'0\)(,. " 3. James Abromitis, Jr., will have the children every other weekend commencing on Friday, July 16, 2004, with the custodial period beginning on Friday at 5:30 p.m. and ending on Sunday at 7:00 p.m. BY THE COURT: ./1/) J. .. GINA L. ABROMITIS Plaintiff/Respondent IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 04-3947 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY JAMES ABROMITIS, JR., Defendant/Petitioner PETITION FOR MODIFICATION OF CUSTODY ORDER AND NOW, comes Petitioner, James Abromitis, by and through his attorneys, McNees Wallace & Nurick LLC, and hereby petitions the Court to modify the existing Order of Court and in support thereof, avers the following: 1. The Petitioner is James Abromitis (hereinafter "Father"), an adult individual who currently resides at 6319 Salem Park Circle, Mechanicsburg, Cumberland County, Pennsylvania, 17050. 2. The Respondent is Gina L. Abromitis (hereinafter "Mother"), an adult individual who currently resides at 339 Juniper Drive, Etters, York County, Pennsylvania, 17319. 3. The parties are the parents of two minor children, Taylor L. Abromitis, born August 20, 1998, and Emily E. Abromitis, born July 12, 2000 (hereinafter "Children"). 4. On August 13,2004, a Court Order was entered and filed in the Cumberland County Court of Common Pleas, granting custody pursuant to a stipulation and agreement of the parties, whereby Mother has primary legal and physical custody of the Children, and Father has partial custody of the Children. . /II' 5. Father believes, and therefore avers, that it is in the best interests of the Children that he be granted modification of the current custody order such that Father have shared legal and physical custody of the Children. 6. Father is specifically seeking: a) an increase in overnights ~nd summer vacation visits in order to obtain more significant time with the Children; b) an increase in holiday visits (by alternating time on Labor Day, Fourth of July and Memorial Day, as well as having the Children on Father's Day) in order to celebrate events more fully with the Children; and c) to share in the transportation of the Children. WHEREFORE, Petitioner respectfully requests this Honorable Court to modify the existing Custody Order and grant Father shared legal and physical custody of the Children. Respectfully submitted, McNEES WALLACE & NURICK LLC By ~'vt J-- ~~n~ Attorney ID No. 66378 100 Pine Street Harrisburg, PA 17108-1166 (717) 237-5297 (717) 237-5300 facsimile Attorneys for Petitioner, Dated: October ~ 2006 2 ,.. VERIFICATION I verify that the statements made in the foregoing Petition for Modification of Custody Order are true and correct to the best of my knowledge, information and belief. I understand that false statements are made subject to the penalties of 18 Pa. C.S. S4904, relating to unsworn falsification to authorities. J~ 111. ~ James Abromitis, Jf. Dated: OctoberJ~, 2006 CERTIFICATE OF SERVICE The undersigned hereby certifies that on this date a copy of the foregoing document was served by first class mail, postage prepaid, upon the following: Mary A. Dissinger, Esquire Dissinger and Dissinger 400 South State Road Marysville, PA 17053 ~ Date: October 25, 2006 A> ~ -- ~ ~ -4 \ ~ ~ -- ~ ~ ~ . () ~ p: 1- C) c: I"...> C:::.l C:? C-" <::) c"') --i ~ :r.!.,., rnp -om -00 ;:~) (L) ~:5 c-F", {;;. ~ ~ :< f',) O'l -0 -'-" N a -.J GINA L. ABROMITIS PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 04-3947 CIVIL ACTION LAW JAMES ABROMITIS, JR. DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Tuesday, October 31,2006 , upon consideration ofthe attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, FA 17055 on Tuesday, November 28, 2006 , the conciliator, 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. All children age five or older may also be present at the conference. 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 hearin2. FOR THE COURT. By: Isl Dawn S. Sunday, Esq. ~ 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 infonnation 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 HA VE 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 ~p ~ ~ ~ WEll ~ r 2 ~ ~~ 'JO-E-/j ~ 1ft. ~ ~ ~J ;:w dj(J- E.II L;l :2 Hd 8- ^m~ SOOl - --""j-"-11'''' li,\,/!rJ'-Y;',;;i""'f ...ll- "v ^tl v...'vt ,;1...,( ,"'-w~'... ... 38i:~~~(}--Ci3lfj GINA L. ABROMITIS Plaintiff I DEe 2 8 200{'r \ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-3947 CIVIL ACTION LAW JAMES ABROMITIS, JR. Defendant IN CUSTODY ORDER OF COURT AND NOW, this 2.'1. day of '"'D~ , 2006, upon consideration ofthe attached Custody Conciliation Report, it is ordered and directed as follows: 1. The prior Order ofthis Court dated August 13, 2004 is vacated and replaced with this Order. 2. The Mother, Gina L. Abromitis, and the Father, James Abromitis, Jr., shall have shared legal custody of Taylor L. Abromitis, born August 20, 1998 and Emily E. Abromitis, born July 12, 2000. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well being including, but not limited to, all decisions regarding their health, education and religion. Each parent shall be entitled to have equal access to all records and information pertaining to the Children including, but not limited to, school and medical records and information. 3. The parties shall have physical custody ofthe Children in accordance with the following schedule: A. SCHOOL YEAR: During the school year, the Father shall have custody ofthe Children in alternating weeks from Thursday at 5 :30 p.m. through Monday before school (or ifthere is no school on Monday and the Father is not working, through Tuesday before school) and during the interim weeks from Thursday at 5 :30 through Friday before school. The Mother shall have custody of the Children at all times not otherwise specified for the Father in this provision. B. SUMMER SCHOOL BREAK: During the summer school break, the parties shall share having custody of the Children on an alternating weekly schedule with the exchange to take place each week on Friday at 5 :30 p.m. The summer schedule shall begin on the first Friday after the last day of school with the parent who has custody under the regular alternating weekend schedule. The parties shall cooperate in scheduling a mid-week period of custody for the noncustodial parent. C. The schedule under subparagraph A of this provision shall begin with the Father having custody of the Children for his expanded weekend on January 11, 2007. 4. The parties shall share or alternate having custody of the Children on holidays as arranged by agreement. In the absence of an agreement, the parties shall implement the following schedule on holidays: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 12:00 noon through Christmas Day at 12:00 noon and Segment B, which shall run from Christmas Day at 12:00 noon through December 26 at 12:00 noon. In even-numbered years, the Mother shall have custody of the Children during Segment A and the Father shall have custody during Segment B. In odd-numbered years, the Father shall have custody of the Children during Segment A and the Mother shall have custody during Segment B. B THANKSGIVING: On Thanksgiving Day, the Father shall have custody of the Children from 9:00 a.m. until 3:00 p.m. and the Mother shall have custody from 3:00 p.m. until 8:00 p.m. C. EASTER: The Father shall have custody of the Children on Easter Sunday every year for his family celebration. D. MEMORIAL DAY /LABOR DAY: The Father shall have custody ofthe Children over the Memorial Day weekend from Friday through Monday and the Mother shall have custody of the Children over the Labor Day weekend from Friday through Monday. E. MOTHER'S DAYIFATHER'S DAY: In every year, the Mother shall have custody of the Children on Mother's Day and the Father shall have custody on Father's Day. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. Both parties shall schedule their summer periods of vacation with the Children during their regular alternating weeks of custody, unless otherwise arranged by agreement. 6. During the school year, the Father shall provide transportation for all exchanges of custody under this Order. During the summer school break, the parent receiving custody shall be responsible to provide transportation for the exchange of custody. 7. The custodial parent shall ensure that the Children attend their regularly scheduled activities. 8. Both parties shall refrain from smoking in the residence or car during periods of custody with the Children. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion ofthe Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 10. This Order is entered pursuant to an agreement of the parties at a custody conciliation conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: ~es G. Nealon, III, Esquire - Counsel for Mother ~ .,l1ebra D. Cantor, Esquire - Counsel for Father Ai J. GINA L. ABROMITIS Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 04-3947 CNIL ACTION LAW JAMES ABROMITIS, JR. Defendant IN CUSTODY Prior Judge: Kevin A. Hess 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 Children who are the subjects oftms litigation is as follows: CURRENTLY IN CUSTODY OF NAME DATE OF BIRTH Taylor L. Abromitis Emily E. Abromitis August 20, 1998 July 12, 2000 Mother Mother 2. A custody conciliation conference was held on December 21, 2006, with the following individuals in attendance: the Mother, Gina L. Abromitis, with her counsel, James G. Nealon, III, Esquire, and the Father, James Abromitis, Jr., with his counsel, Debra D. Cantor, Esquire. 3. The parties agreed to entry of an Order in the form as attached. {l,~ dU/ d<:XJ(Q Date ~-7J- Dawn S. Sunday, Esquire Custody Conciliator VlNVA1ASNN3d I ,.. !nr(\ n~.:'rrlH'Jat^'t"Il"\ I\..U'V~ j ...........-"0_;' ,. ~ l-.,..~.JO" II tV Sf] : II WV C- NVr toOl AW1ONOHIOHd 3H1 j() 301:J:lO-G3ll:!