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HomeMy WebLinkAbout04-6089KELLIE M. BORTZ, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLANDCOUNTY, PENNSYLVANIA V. NO. C)q Lacy C I v JOSEPH M. BORTZ, SR., CIVIL ACTION -LAW Defendant IN DIVORCE 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 in Divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, Cumberland County Courthouse, One Courthouse Square, 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 ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE 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 ELEGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KELLIE M. BORTZ, V. Plaintiff JOSEPH M. BORTZ, SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY, PENNSYLVANIA NO. c )q- 7 vL l,?z(L CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN DIVORCE 1. The Plaintiff is Kellie M. Bortz, an adult individual currently residing at 940 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania, 17043. 2. The Defendant is Joseph M. Bortz, Sr., an adult individual with a temporary address of Fort Indiantown Gap, Lebanon County, Pennsylvania, and a mailing address of 940 Hummel Avenue, Lemoyne, Cumberland County, Pennsylvania. 17043. 3. Plaintiff and Defendant have been bona fide residents in the Commonwealth of Pennsylvania, for a period in excess of six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 10, 1992. 5. There have been no prior actions of divorce or annulment between the parties in this or any other jurisdiction. 6. This action is not collusive. 7. Plaintiff and Defendant separated on or about August 2, 2004. 8. The causes of action and sections of the Divorce Code under which Plaintiff is proceeding are: A. Section 3301(c) - The marriage of the parties is irretrievably broken. B. Section 3301(d) - The marriage of the parties is irretrievably broken. The parties separated on or about August 2, 2004. 9. Plaintiff has been advised of the availability of marriage counseling and understands that she may request that her spouse and she participate in counseling. 10. Plaintiff does not request that the Court require that her spouse and she participate in counseling prior to a divorce decree being handed down by this Court. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter a final decree in divorce. Date: Respectfully submitted, THE LAW OFFICES OF SILLIKER & RFI?HOLD Mark T. Silliker, Esquire 5922 Linglestown Road Harrisburg, PA 17112 (717) 671-1500 I.D. No. 33671 Attorney for Kellie M. Bortz AFFIDAVIT I, ?""bot '?D , hereby certify that the aforegoing is true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. 4909 relating to unsworn falsifications to authorities. Dated: ? \- 30 "o4 x ??(!)Q AN? ^? _ c'_) ? ?,, ?` ?_,-.. a - -, r » ? ` wry„ r?o ?? ?:? ?. .- ?> z -,-, C..? W ?` -., -.-, -?= -, -?,,:: ?? ?? ? ?_.??3 :? =;; :?; °?i? i' t ?.? s KELLIE M. BORTZ, Plaintiff V. JOSEPH M. BORTZ, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004 - 6089 CIVIL TERM IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE To Curtis R. Long, Prothonotary: Please enter my appearance on behalf of the Plaintiff, KELLIE M. BORTZ, in the above captioned case. By: Respectfully submitted, IRWIN & Marcu A. M6t, III, Esquire 60 Wes Pomfret Street Carlisle, Pennsylvania 17013 (717) 249-2353 Attorney for Plaintiff Date: September 26, 2007 KELLIE M. BORTZ, : IN THE COURT OF COMMON PLEAS OF Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. CIVIL ACTION - LAW 2004 - 6089 CIVIL TERM JOSEPH M. BORTZ, SR., Defendant IN DIVORCE CERTIFICATE OF SERVICE I, Marcus A. McKnight, III, Esquire, hereby certify that a copy of attached Praecipe for Entry of Appearance was served upon the following by depositing a true and correct copy of the same in the United States mail, First Class, postage prepaid in Carlisle, Pennsylvania, on the date referenced below and addressed as follows: WOI Joseph Bortz S!4 Budget Officer EAATS-HQ-S4 c/o DMVA Annville, PA 17003-5004 LVAI: [_1 By: Marcus AOIcK III, Esquire 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Supreme Court I.D. No. 25476 Date: September 26, 2007 C crla z) 0 S m c r ?J. - tm -0 MM Fn - ?? ? ra CT -8 '7 ::= z C? r y = r Q m ?;" L: N vi KELLIE M. BORTZ, Plaintiff V. JOSEPH M. BORTZ, SR., Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 2004 - 6089 CIVIL TERM IN DIVORCE STATEMENT OF INTENTION TO PROCEED TO THE COURT: Plaintiff intends to proceed with the above-captioned matter. By: Respectfully submitted, IRWIN & McldNIGHT Marcus ?i. Mc i III,-Es Supreme Court I. . No: 25476 60 West Pomfret Street Carlisle, PA 17013 (717) 249-2353 Date: November 1, 2007 ?? Ct -n --?. ---? ' - ? ;?- ?, -? - ; ; ? ? ;a r , ._.? ? ? ? , " ? _? " ` ? ? ? KELLIE M. BORTZ, V. IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : NO. 04-6089 CIVIL TERM JOSEPH M. BORTZ, SR., Defendant CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Joseph M. Bortz, Sr., Defendant in the above-captioned matter, hereby accept service of a Complaint in Divorce in the above-captioned matter on or about to , 2004, by first-class mail, postage prepaid addressed as follows: Joseph M. Bortz, Sr. 940 Hummel Avenue Lemoyne, PA 17043 I hereby certify that the aforegoing is true and correct to the best of my knowledge, information 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. Date: Z'% Jo ph z, °csa 9 1 W 7 Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 Attorneys for Plaintiff 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KELLIE M. BORTZ, V. Plaintiff JOSEPH M. BORTZ, SR., Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6089 CIVIL ACTION - LAW STIPULATION FOR THE ENTRY OF A CUSTODY ORDER The parties, Kellie M. Bortz, (hereinafter "Mother"), by and through her counsel, Melissa Peel Greevy, of Johnson Duffie Stewart & Weidner, and Joseph M. Bortz, Sr. (hereinafter "Father') by and through his counsel, Elizabeth B. Stone, of Stone LaFaver & Shekletski, with the intent of being legally bound, each stipulate and agree to the following parenting plan: 1. Legal Custody. The parties, Kellie M. Bortz and Joseph M. Bortz, Sr., shall have shared legal custody of the minor children, Kasie M. Bortz born June 28, 1993; Joseph M. Bortz Jr., born April 25, 1996; and Joshua M. Bortz, born May 5, 2002. Each parent shall have an 7 NO. 07-461 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 his 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights to partial custody, which shall be arranged as follows: A. Weekends: Up to two weekends per month, not to include Father's Army Guard weekend, from Friday at 6:30 p.m. until Sunday at 8:30 p.m. B. Week days: During the summer school recess on one day per week from 5:00 p.m. until the next morning at 8:00 a.m. when Father takes the children to their respective summer programs/activities/and or daycare. During the school year, one day per week from 5:00 p.m. until the next morning when Father takes the children to school. If Father fails to exercise his week day periods of custody 50% of the time or more in a two month period, Mother shall be free to make other arrangements and Father may make arrangements for one day per week of partial custody upon forty eight (48) hours notice to Mother. In the absence of another agreement, Father's weekday custody shall be exercised on Wednesday. In the event that Father cannot get the children to school on time the day following his custodial periods, the schedule will be changed to end at 9:00 p.m. the evening before school. C. And at such other times as the parties agree. D. Mother shall have sole physical custody of the children during periods of Father's military deployment. E. The parent with custody of the children shall have responsibility to supervise the completion of homework and take the children to their sports and extra-curricular activities which occur during their custodial periods. No. 07-461 3. In light of Father's Army National Guard duties and the impact they have on arranging custodial time and activities for the children, Father will give Mother a copy of his training and deployment schedule annually, within ten days of the receipt thereof. Additionally, Father will inform Mother of any changes to his schedule within five (5) days of his notice of a change by giving her a copy of the order for the change. 4. Holidays. The parties will share holidays by their mutual agreement with the focus being on the children's experience of the holiday and their relationships with extended family and continuing of family traditions. In the event the parties do not agree, the attached holiday schedule shall supercede the regular schedule and the vacation schedule. 5. Vacation. Each party shall have two (2) uninterrupted weeks, which may be consecutive, each summer to coincide with the vacationing parent's ordinary custodial weekend. The parties shall give each other notice by May 1 st of each year, of which weeks they select. A week is defined as seven (7) days commencing Friday at 6:30 p.m. until the following Friday at 6:30 p.m. The parties shall always select a week which includes their regularly-scheduled custodial weekend. The parties shall not select the first week after the end of the school year, nor the first week before the beginning of the next school year. 6. The parties may vary the schedule set forth in this Stipulation by their mutual agreement. However, in the absence of their mutual agreement, the terms of this Order shall control. 7. The parties agree and intend that this Stipulation be made into a Temporary Order of Court. The parties further agree that this Order may be subject to modification upon Father's return from military deployment. 8. matter. Cumberland County Court of Common Pleas shall retain jurisdiction of this Melissa P. Greevy, Esquire Elizabeth. one, auir Kelli M. Bortz Jos h . Bo , Sr. 325983 KELLIE M. BORTZ, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 04-6089 JOSEPH M. BORTZ, SR., CIVIL ACTION - LAW Defendant IN DIVORCE PETITION TO RAISE PLAINTIFF'S CLAIM FOR CUSTODY PURSUANT TO Pa. R.C.P. 1920.15(b) AND NOW, this l q-0- day of May, 2008, Plaintiff, Kellie M. Bortz, by and through her attorneys, Johnson, Duffie, Stewart & Weidner, files this Petition to Raise Plaintiff's Claims for Custody pursuant to Pa. R.C.P. 1920.15(b) and in support of her petitions avers as follows: COUNTI Custody 1. Petitioner is the Plaintiff above. Plaintiff incorporates herein by reference, the allegations set forth in Paragraphs 1 through 10 inclusive, of the Complaint as if the same were set forth herein at length. 2. Petitioner/Mother seeks shared custody of the parties' (3) minor children, Kasie M. Bortz born June 28, 1993; Joseph M. Bortz Jr., born April 25, 1996; and Joshua M. Bortz, born May 5, 2002. 3. The children have resided with Petitioner/Mother since the parties' separation on August 4, 2004. 4. The children were born in wedlock. J 5. The mother of the children is Kellie M. Bortz. She is married to the Defendant. 6. The father of the children is Joseph M. Bortz, Sr., whose last known address was 141 Huckleberry Road Jonestown, Pennsylvania He is married to the Plaintiff. 7. The Petitioner has not participated as a party or witness, or in any other capacity, in other litigation concerning the custody of the children in this or another Court. 8. Petitioner has no information of a custody proceeding concerning the children pending in a Court in this Commonwealth or any other state. 9. Petitioner 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. 10. Petitioner has attempted to resolve this matter by Stipulation, confirming the status quo, which Respondent/Father has refused to sign. 11. Father's lack of cooperation or willingness to engage in settlement discussions results in uncertainty for the children. 12. Petitioner believes, and therefore avers, that Respondent/Father is required by the military to have a custodial plan for the children in place prior to his deployment. 13. Petitioner is left with no other option than to ask the Court to take over decision making with regard to the children and enter an Order when Respondent refuses to respond to her attempts to resolve this matter without litigation. f 14. Each parent whose parental rights to the children have not been terminated, and the person who have physical custody of the children has been named as party to this action. 15. The best interest and permanent welfare of the children will be served by granting the Relief requested because: A. The Petitioner has been the primary caregiver of the children throughout their lives, and since the parties separation. B. Petitioner is willing to provide frequent and continuing contact for the children with their Father, subject to his availability, while working around his military obligations. C. The children's father is expected to be deployed over seas in November 2008 and has extensive training obligations before then in preparation for said deployment. D. The children would benefit from a planned schedule of contact with their father that is not subject to last minute revisions on a regular basis because the parties have no agreed upon custodial schedule. WHEREFORE, the Petitioner requests the Court grant the Petitioner primary physical custody, partial physical custody to Respondent and shared legal custody of the children to both parties. JOHNSON, WFFIE, STEWART & WEIDNER Melissa Peel Greevy, Esquirb L _D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717)761-4540 331396 VERIFICATION I, Kellie M. Bortz, verify that the statements made in the foregoing Petition are true and correct to the best of my knowledge, information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S.A §4904, relating to unsworn falsification to authorities. Date: v? ) -C) 8 Kellie M. Bortz CERTIFICATE OF SERVICE AND NOW, this -I-- day o , 2008 the undersigned does hereby certify that she did this date serve a copy of r Petition To Raise Plaintiffs Claims for Custody Pursuant To Pa. R.C.P. 1920.15(b pon Defendant's counsel by causing same to be deposited in the United States Mail, first class postage prepaid, at Lemoyne, Pennsylvania, addressed as follows: Elizabeth B. Stone, Esquire P.O. Box E New Cumberland, PA 17070 JOHNSO , FIE, STEWART & WEIDNER KY• Melissa Peel Greevy r Johnson, Duffie, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 KELLIE M. BORTZ, Plaintiff, V. JOSEPH M. BORTZ, SR., Defendant. CIVIL ACTION - LAW IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 3, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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. Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 -6089 CIVIL TERM 10 I verify that the statements made above 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: G- /'`f 2 d 0g i •1 ORTZ, SR. 332285 L.:? ,.? .-?. ._? =?=--?? ? ` ?} ,? _.< . ?_ _: c.Aa . ?V ??, .? .140 Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 Attorneys for Plaintiff KELLIE M. BORTZ, V. Plaintiff, JOSEPH M. BORTZ, SR., Defendant. AFFIDAVIT OF CONSENT CIVIL ACTION - LAW IN DIVORCE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on December 3, 2004. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service the Complaint. 3. 1 consent to the entry of a final Decree of Divorce after service of notice of intention to request entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. I consent to the entry of a final Decree of Divorce without notice. 2. 1 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. 1 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004 -6089 CIVIL TERM I verify that the statements made above 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: 5'a t Og 40-CL???? KE LIE M. B R :332285 C' -,3 ? r t +7 IT? r f Defendant Attorneys for Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2004-6089 CIVIL ACTION - LAW IN DIVORCE PRAECIPE TO TRANSMIT RECORD Johnson, Duffle, Stewart & Weidner By: Melissa Peel Greevy, Esquire I.D. No. 77950 301 Market Street P. O. Box 109 Lemoyne, Pennsylvania 17043-0109 (717) 761-4540 mpg@jdsw.com KELLIE M. BORTZ, V. Plaintiff JOSEPH M. BORTZ, SR., To the Prothonotary: Transmit the record, together with the following information, to the court for entry of a divorce decree: 1. Grounds for divorce: irretrievable breakdown under Section 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Defendant was served on December 10, 2004 via first- class mail. 3. Complete either Paragraph A or B A. Date of execution of the Affidavit of Consent required by Section 3301 (c) of the Divorce Code: by the Plaintiff on May 21, 2008; by the Defendant on May 14, 2008. 4. Related claims pending: No claims pending. le M 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 3301 (c) (1) (i) of the Divorce Code: Waiver of Notice signed by Plaintiff on May 21, 2008, and is filed herewith. Waiver of Notice signed by Defendant on May 14, 2008, and is filed herewith. JOHNSON, DUFFIE, STEWART & WEIDNER 6 U Melissa Peel Greevy 333485 --t ` I ti ; rT.1 rO -n U l KELLIE M. BORTZ, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff 04-10mg NO.07-461 V. CIVIL ACTION - LAW JOSEPH M. BORTZ, SR., : Defendant ORDER OF COURT AND NOW, this Z 3-t' day of ,,. upon review of the attached Stipulation for Entry of a Custody Order, it is hereby ORDERED and DIRECTED as follows: 1. Legal Custody. The parties, Kellie M. Bortz and Joseph M. Bortz, Sr., shall have shared legal custody of the minor children, Kasie M. Bortz born June 28, 1993; Joseph M. Bortz Jr., born April 25, 1996; and Joshua M. Bortz, born May 5, 2002. 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 his 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 of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody. Mother shall have primary physical custody subject to Father's rights to partial custody, which shall be arranged as follows: A. Weekends: Up to two weekends per month, not to include Father's Army Guard weekend, from Friday at 6:30 p.m. until Sunday at 8:30 p.m. B. Week days: During the summer school recess on one day per week from 5:00 p.m. until the next morning at 8:00 a.m. when Father takes the children to their respective summer programs/activities/and or daycare. During the school year, MAY 88 T 0 0 ?QI ?Z VH Ron H" elf NO. 07-461 C. D. E one day per week from 5:00 p.m. until the next morning when Father takes the children to school. If Father fails to exercise his week day periods of custody 50% of the time or more in a two month period, Mother shall be free to make other arrangements and Father may make arrangements for one day per week of partial custody upon forty eight (48) hours notice to Mother. In the absence of another agreement, Father's weekday custody shall be exercised on Wednesday. In the event that Father cannot get the children to school on time the day following his custodial periods, the schedule will be changed to end at 9:00 p.m. the evening before school. And at such other times as the parties agree. Mother shall have sole physical custody of the children during periods of Father's military deployment. The parent with custody of the children shall have responsibility to supervise the completion of homework and take the children to their sports and extra-curricular activities which occur during their custodial periods. 3. In light of Father's Army National Guard duties and the impact they have on arranging custodial time and activities for the children, Father will give Mother a copy of his training and deployment schedule annually, within ten days of the receipt thereof. Additionally, Father will inform Mother of any changes to his schedule within five (5) days of his notice of a change. 4. Holidays. The parties will share holidays by their mutual agreement with the focus being on the children's experience of the holiday and their relationships with extended family and continuing of family traditions. In the event the parties do not agree, the attached holiday schedule shall supercede the regular schedule and the vacation schedule. 5. Vacation. Each party shall have two (2) uninterrupted weeks, which may be consecutive, each summer to coincide with the vacationing parent's ordinary custodial weekend. The parties shall give each other notice by May 1St of each year, of which weeks they select. A week is defined as seven (7) days commencing Friday at 6:30 p.m. until the following Friday at 6:30 p.m. The parties shall always select a week which includes their regularly-scheduled custodial weekend. The parties shall not select the first week after the end of the school year, nor the first week before the beginning of the next school year. NO. 07-461 6. The parties may vary the schedule set forth in this Order by their mutual agreement. However, in the absence of their mutual agreement, the terms of this Order shall control. 7. This Order is temporary in nature and, upon proper petition filed with the Court, may be subject to modification upon Father's return from military deployment. 8. Cumberland County Court of Common Pleas shall retain jurisdiction of this matter. BY THE C A? J. Dist: Melissa Peel Greevy, Esquire, PO Box 109, Lemoyne, PA 043 Elizabeth B. Stone, Esquire, 414 Bridge Street, New Cumberland PA 17070 /nom! t5 ?3? v? 04-6089 HOLIDAYS AND TIMES ODD EVEN SPECIAL DAYS YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1St Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2"d Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1St Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2"d Half I From 3pm on 12/25 to 3pm on 12/26 I Mother I Father Mother's Day From 6pm the evening before the Mother Mother holiday to 6pm the day of the holiday Father's Day From 6pm the evening before the Father Father holiday to 6pm the day of the holiday :326059 04-6089 HOLIDAYS AND SPECIAL DAYS TIMES ODD YEARS EVEN YEARS Easter Day From 6pm the evening before the holiday to 6pm the day of the holiday Mother Father Memorial Day From 6pm the evening before the holiday to 6pm the day of the holiday Father Mother Independence Day From 6pm the evening before the holiday to 6pm the day of the holiday Mother Father Labor Day From 6pm the evening before the holiday to 6pm the day of the holiday Father Mother Thanksgiving 1St Half From 6pm the evening before Thanksgiving Day to 3pm on Thanksgiving Day Mother Father Thanksgiving 2"d Half From 3pm on Thanksgiving Day to 6pm the day after Thanksgiving Day Father Mother Christmas 1St Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2"d Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day From 6pm the evening before the holiday to 6pm the day of the holiday Mother Mother Father's Day [hol rom 6pm the evening before the i day to 6pm the day of the holiday Father Father :326059 . r .M 04-6089 HOLIDAYS AND SPECIAL DAYS TIMES ODD EVEN YEARS YEARS Easter Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Memorial Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Independence Day From 6pm the evening before the Mother Father holiday to 6pm the day of the holiday Labor Day From 6pm the evening before the Father Mother holiday to 6pm the day of the holiday Thanksgiving 1St Half From 6pm the evening before Mother Father Thanksgiving Day to 3pm on Thanksgiving Day Thanksgiving 2"d Half From 3pm on Thanksgiving Day to Father Mother 6pm the day after Thanksgiving Day Christmas 1St Half From 9am on 12/24 to 3pm on 12/25 Father Mother Christmas 2nd Half From 3pm on 12/25 to 3pm on 12/26 Mother Father Mother's Day he evening before the Mother Mother pm the day of the holiday i Father's Day he evening before the E Father Father hholii dday pm the day of the holiday :32605 9 ? ? ? ? ?::? c:. ? :.? ?.? ? -7-.J __ f7' ? ?si _? 471 ?_. / r .?... _ ? + v••V ? : ?-1 .j _.. C?7 .?d? .{ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. N O. 2004-6089 CIVIL TERM VERSUS DECREE IN DIVORCE AND NOW, 2008 , IT IS ORDERED AND DECREED THAT KELLIE M. BORTZ PLAINTIFF, AND JOSEPH M. BORTZ, SR. DEFENDANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. 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; PROTHONOTARY NONE /!9 7k'? Pp . Qf . y- 1 Elisabeth Pasqualini, Esgi SHAFFER & ENGLE LA 103 Sunset Avenue Harrisburg, PA 17112 717-545-3032 * phone 717-545-3083 *fax elisabeth@,shafferengle.co OFFICES cr C2 C") -ar n -,Cn r"s N A? c Zo Q KELLIE M. BORTZ, Plaintiff V. JOSEPH M. BORTZ SR., Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6089 CIVIL ACTION- LAW PETITION TO MODIFY CUSTODY ORDER AND NOW, this j q+'-- day of December, 2012 comes, Petitioner, JOSEPH M. BORTZ, SR., by and through counsel, Elisabeth Pasqualini, Esquire, of Shaffer & Engle Law Offices, LLC, and respectfully requests that This Honorable Court Modify the existing Custody Order, and in support thereof, avers as follows: 1. Petitioner is JOSEPH M. BORTZ, SR., (hereinafter "Petitioner/Father") is an adult individual currently residing at 2656 Ellendale Road, Dauphin, PA 17018. 2. It is believed an4 therefore averred, that Respondent, KELLIE M. BORTZ, (hereinafter "Respondent/Mother") is an adult individual currently residing at 940 Hummel Avenue, Lemoyne, PA 170 3. L#70-00fd#? C'j! ?4 aG S- 3. Respondent/Mo her is currently represented by counsel, Rachel Pinsker, Esquire, of the YWCA Domestic Viole ce Center, located at 114 Walnut Street, Harrisburg, PA 17101. 4. The parties atteoded a Protection From Abuse (hereinafter "PFA") hearing on or about April 7, 2011 and reached an agreement with regard to the PFA. (Dauphin County docket No. 2011 CV 03085 AB) 5. The parties agre d to modify the existing custody Order in Cumberland County according to the attached stipulation. (see Order dated June 14, 2011, attached hereto as Exhibit 44115) 6. Petitioner/Father respectfully seeks modification of the Dauphin County Custody Order pursuant to the attached stipulation in accordance with the parties' agreement at the PFA hearing. 7. The Dauphin County PFA court has since found said stipulation satisfactory. 8. An original executed stipulation has been filed simultaneous to the filing of this Modification. 9. The best interests of the children will be served by granting the relief requested, since through the therapy session and Interworks Parenting program outlined in the proposed modified order, Petitioner will learn how to provide a source of stability, love, and emotional support for his children. In addition, Petitioner will learn how to provide a stable, safe, and secure environment during his periods of physical custody and will possess the tools to provide for the children's emotional psychological, and spiritual needs. WHEREFORE, Plaintiff respectfully requests this Honorable Court modify the current Custody Order in with the attached stipulation. Tctfully sub itt d, O 'r 24t q 3l epj'??? iQ? ? Elisabeth Pasqualini, Esquire ID#: 201665 SHAFFER & ENGLE LAW OFFICES 103 Sunset Avenue Dated: Harrisburg, PA 17112 (717) 545-3032 Attorney for Petitioner 2 ? a 9 KELLIE M. BORTZ, Plaintiff V. JOSEPH M. BORTZ S Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 04-6089 Z., CIVIL ACTION- LAW ORDER AND NOW THIS day of , 2011, the parties having reached an agreement on April 7, 011, pursuant to a Protection from Abuse proceeding docketed at No. 2011 CV 03085 AB wh ich has been dismissed, with regard to the best interest and welfare of their minor children, K ie M. Bortz (DOB 06/28/1993), Joseph Bortz (DOB 04/25/96), Joshua Bortz (DOB 05/ 05/2002), it is hereby ORDERED AND DECREED as follows: 1. Father's right to partial custody of the children, as set out in the Custody Order from May 23, 2008, i temporarily suspended. 2. Until September 2011, any visitation between Father and the children will be by agreement of th parties. Father must give 48 hours notice of any days that he is requesting visitation. There will be no overnight visitation. 3. Father shall complete a psychiatric evaluation and 8 therapy sessions with his psychiatrist. 4. Once Father ha completed the 8 therapy sessions, but no sooner than September 2011, Father's isitation shall be increased as follows: a. Father other 9:00pm. have every Monday and Thursday from 6:00-8:30 pm and every iy and Sunday. The Saturday visitation shall occur from 9:00am- Sunday visitation shall occur from 9:00am-8:30pm. b. After inimum of 2 weeks of visitation as outlined in (a), to include at least 2 ht visits and a weekend visit, Father's weekend visitation shall be increase to include an overnight from Saturday to Sunday. c. After a inimum of 2 weeks of visitation as outlined in (b), to include at least 2 weeke d overnights, Father's weekend visitation shall be increased to Friday a 6:00 pm until Sunday at 8:30 pm, to include both overnights. 5. Father shall co lete 6 sessions of the Interworks Parenting program. 6. Once visitation as been increased in accordance with the above mentioned schedule and Father has custody sched IN WITNESS set their hands and s? apleted 6 sessions of the Interworks Parenting program, the regular as laid out in the May 23, 2008 Order, will go back into effect. [EREOF, the Parents, intending to be legally bound hereby, have ds the day and year written below. PARTIES: V NepIVA. Bortz, Sr., Defendant l 4'-ftellie aintiff BY THE COURT: DISTRIBUTION: Elizabeth Pasqualini, Es Rachel Haynes Pinsker, i , Shaffer & Engle, 103 Sunset Avenue, Harrisburg, PA 17112 ;a ire, YWCA 114 Walnut Street, 2nd Floor, Harrisburg, PA 17101 WITNESSES: I verify that the av correct. I understand that 4904, relating to unsworn Dated: ? o L)+-? a-o VERIFICATION mnents in this Petition for Modification of Custody Order are true and false statements herein are made subject to the penalties of 18 Pa. C.S. falsification to authorities. JCSBgi M. BORTZ, SR., Petitioner AVISO USTED HA SIDO DEMANDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los pr6ximos veinte (20) dias despu6s de la notificaci6n de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objeccionnes a, las demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar acci6n como de describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamaci6n o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero o propiedad u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO 1NMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE 1NFORMACION A CERCA DE COMO CONSEGUIER UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER 1NFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KELLIE M. BORTZ, Plaintiff : IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA V. JOSEPH M. BORTZ SR., Defendant NO. 04-6089 CIVIL ACTION- LAW ORDER AND NOW THIS S' day of 414A*dq , 201L the parties having reached an agreement on April 7, 2011, pursuant to a Protection from Abuse proceeding docketed at No. 2011 CV 03085 AB which has been dismissed, with regard to the best interest and welfare of their minor children, Kasie M. Bortz (DOB 06/28/1993), Joseph Bortz (DOB 04/25/96), Joshua Bortz (DOB 05/05/2002), it is hereby ORDERED AND DECREED as follows: 1. Father's right to partial custody of the children, as set out in the Custody Order from May 23, 2008, is temporarily suspended. 2. Until September 2011, any visitation between Father and the children will be by agreement of the parties. Father must give 48 hours notice of any days that he is requesting visitation. There will be no overnight visitation. 3. Father shall complete a psychiatric evaluation and 8 therapy sessions with his psychiatrist. 4. Once Father has completed the 8 therapy sessions, but no sooner than September 2011, Father's visitation shall be increased as follows: a. Father shall have every Monday and Thursday from 6:00-8:30 pm and every other Saturday and Sunday. The Saturday visitation shall occur from 9:00am- 9:00pm. The Sunday visitation shall occur from 9:00am-8:30pm. t b. After a minimum of 2 weeks of visitation as outlined in (a), to include at least 2 weeknight visits and a weekend visit, Father's weekend visitation shall be increased to include an overnight from Saturday to Sunday. c. After a minimum of 2 weeks of visitation as outlined in (b), to include at least 2 weekend overnights, Father's weekend visitation shall be increased to Friday at 6:00 pm until Sunday at 8:30 pm, to include both overnights. 5. Father shall complete -6 sessions of the Interworks Parenting program. 6. Once visitation has been increased in accordance with the above mentioned schedule and Father has completed 6 sessions of the Interworks Parenting program, the regular custody schedule, as laid out in the May 23, 2008 Order, will go back into effect. IN WITNESS WHEREOF, the Parents, intending to be legally bound hereby, have n C= C= set their hands and seals the day and year written below. rn: =M PARTIES: Znnr- , -<z cn rU-) Ty ,c? i .= ep . Bortz, Sr., Defendant _ -< o ilie Bortz aintiff BY THE COURT: DISTRIBUTION: ? Elizabeth Pasqualini, Esquire, Shaffer & Engle, 103 Sunset Ague, Harrisburg, PA 17112 Rachel Haynes Pinsker, Esquire, YWCA 114 Walnut Street, 2na Floor, Harrisburg, PA 17101 e6)P; (-6 4WJ,,d 114,11-a, ''' O ` I' -j q . 71 C) -f 'P.t I WITNESSES: