HomeMy WebLinkAbout05-4408
JANE L. DeCURTIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CHARLES N. DeCURTIS, JR.,
Defendant
CIVIL ACTION
NO. ,JoO)- 4fYOf
IN DIVORCE
NOTICE
T 0
DEFEND
You have been sued in court.
If you wish to defend against
the claims set forth in the following pages, you must take prompt
action.
You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce is
indignities
or
irretrievable breakdown of the marriage, you may request marriage
counseling.
A list of marriage counselors is available in the
Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE
A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE PA 17013
717-249-3166
JANE L. DeCURTIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CHARLES N. DeCURTIS, JR.,
Defendant
CIVIL ACTION
NO.
IN DIVORCE
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above captioned action in
divorce.
By virtue of Section 202 of the Pennsylvania Divorce
Code, it is a duty of the Court to advise both parties of the
availabili ty of counseling, and upon request of either provide
both parties a list of qualified professionals who provide such
services.
Accordingly, if you desire counseling a list of marriage
counselors is available in the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
Prothonotary
JANE L. DeCURTIS,
Plaintiff
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNSYLVANIA
vs.
CHARLES N. DeCURTIS, JR.,
Defendant
CIVIL ACTION
NO. 05-4'10"6
IN DIVORCE
c...;...e JeN'o-
CONSOLrOATED COMPLArNT rN OrvoRCE
1. Plaintiff is Jane L. DeCurtis, a citizen of Pennsylvania,
residing at 22 W. Beale Avenue,
Pennsylvania.
Enola, Cumberland County,
2 .
Defendant is Charles N.
DeCurtis,
Jr. ,
a citizen of
Pennsylvania, residing at 22 W. Beale Avenue, Enola, Cumberland
County, Pennsylvania.
3. Plaintiff and Defendant are sui juris and have been bonafide
residents of the Commonwealth of Pennsylvania for at least six
months immediately preceding the filing of this Complaint.
4. The parties are husband and wife and were lawfully married
on December 21, 1989, in Glynn County, Georgia.
5. The marriage is irretrievably broken.
6. Neither Plaintiff nor Defendant are in the military or naval
service of the United States or its allies within the provisions
of the Soldiers' & Sailors ' Civil Relief Act of the Congress of
1940 and its amendments.
7. There has been no prior action for divorce or annulment
instituted by either of the parties in this or any other
jurisdiction.
8. The Plaintiff has been advised of the availability of
counseling and of the right to request that the Court require the
parties to participate in counseling.
COUNT I
Request for a Fault Divorce
Under 3301 (a) (6) of the Divorce Code
9. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
10. Defendant has offered such indignities to the Plaintiff, who
is the innocent and injured spouse, as to render Plaintiff's
condition intolerable and life burdensome.
11. This action is not collusive.
12. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, Plaintiff respectfully requests that the Court
enter a Decree of Divorce, pursuant to 330l(a) (6) of the Divorce
Code.
COUNT II
Request for Divorce Due to Irretrievable Breakdown
Under 3301(c) of the Divorce Code
13. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
14. The marriage of the parties is irretrievably broken.
15. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an affidavit
consenting to a divorce. Plaintiff believes that Defendant may
also file such an affidavit.
16. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if both parties file affidavits to a divorce
after ninety (90) days have elapsed from the filing of this
Complaint, Plaintiff respectfully requests the Court to enter a
Decree of Divorce, pursuant to 3301(c) of the Divorce Code.
COUNT III
Request for Divorce Due to Irretrievable Breakdown
Under 330l(d) of the Divorce Code
17. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
18. The marriage of the parties is irretrievably broken.
19. After a period of two (2) years has elapsed from the date of
separation, Plaintiff intends to file her affidavit of having
lived separate and apart.
20. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if two (2) years have elapsed from the date of
separation and Plaintiff has filed her affidavit, Plaintiff
respectfully requests the Court to enter a Decree of Divorce,
pursuant to 330l(d) of the Divorce Code.
COUNT IV
Request for Equitable Distribution of
Marital Property Under 3104, 3323, 3501, 3502 and 3503
of the Divorce Coda
21. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
22. Plaintiff and Defendant have acquired property, both real
and personal during their marriage from the date of said marriage
until the date of their separation.
23. Plaintiff and Defendant have been unable to agree as to an
equitable distribution of said property.
WHEREFORE, Plaintiff respectfully requests the Court to
equitably distribute the marital property of the parties,
pursuant to 3104 and 3502(a) of the Divorce Code.
COUNT V
Request for Alimony Pendente Lite
and Alimony under 3104, 3323, 3701, 3702 and 3704
of the Divorce Code
24. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
25. Plaintiff is unable to sustain herself during the course of
litigation.
26. Plaintiff lacks sufficient property to provide for her
reasonable needs and is unable to sustain herself through
appropriate employment.
27. Defendant has the means and ability to pay Alimony Pendente
Lite and Alimony to Plaintiff.
WHEREFORE, Plaintiff requests the Court to enter an award of
alimony pendente lite until final hearing and thereupon to enter
an Order of alimony in her favor.
COUNT VI
Request for Counsel Fees, Costs and Expenses Under
3104, 3323, 3502(e) and 3702 of the Divorce Code
28. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
29. Plaintiff has employed Mary A. Etter Dissinger, of the law
firm of Dissinger and Dissinger to represent her in this
matrimonial cause.
30. Plaintiff is unable to pay the necessary counsel fees,
costs, and expenses and Defendant is more than able to pay them.
WHEREFORE, reserving the right to apply to the Court for
temporary counsel fees, costs and expenses, prior to final
hearing, Plaintiff requests that, after final hearing, the Court
order Defendant to pay Plaintiff's reasonable counsel fees, costs
and expenses.
COUNT VII
Request for Confirmation of Custody Under
3104 Divorce Code
31. The prior paragraphs of this Complaint are incorporated
herein by reference thereto.
32. Plaintiff is Jane L. DeCurtis, residing at 346 Ellis Point
Way, Brunswick, Georgia.
33. Defendant is Charles N. DeCurtis, Jr., residing at 22 W.
Beale Avenue, Enola, Cumberland County, Pennsylvania.
34. Plaintiff/Mother seeks custody of the following children:
Name
Present Residence
Aqe
Emily K. DeCurtis
Sophia L. DeCurtis
Charles N. DeCurtis,
22 W. Beale Avenue
Enola, PA 17025
13
8
3
III
35. The children were not born out of wedlock.
36. The children are presently in the custody of Plaintiff who
resides at 346 Ellis Point Way, Brunswick, Georgia.
37. During the past five years, the children have resided with
the following persons at the following addresses:
Person
Address
Date
Plaintiff
Defendant
Emily K. DeCurtis
Sophia L. DeCurtis
Charles N. DeCurtis,
22 W. Beale Avenue
Enola, PA 17025
2000 to
8/10/05
III
Plaintiff
Emily K. DeCurtis
Sophia L. DeCurtis
Charles N. DeCurtis,
Joni Bennett
John Thomas Bennett
346 Ellis Point Way
Brunswick, GA 31520
8/10/05
to present
III
38. The mother of the children is Jane L. DeCurtis who currently
resides at 346 Ellis Point Way, Brunswick, Georgia.
39. She is married to Defendant/Father.
40. The father of the children is Charles N. DeCurtis, Jr. who
currently resides at 22 W. Beale Avenue, Enola, Cumberland
County, Pennsylvania.
41. He is married to Plaintiff/Mother.
42. The relationship of Plaintiff to the children is that of
mother. The Plaintiff currently resides with her sister and the
minor children in the action.
43. The relationship of Defendant to the children is that of
father. The Defendant currently resides with Plaintiff and the
minor children in this action.
44. 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.
45. Plaintiff has no information of a custody proceeding
concerning the children pending in a court of this Commonwealth.
46. 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.
47. The best interest and permanent welfare of the children will
be served by awarding Plaintiff primary physical custody for the
following reasons:
A. The children are bonded with mother, she has been the
primary care giver for these children and a stay at
home mom virtually all of their lives. The father has
no interest in the children other than yelling at them,
and using them as a tool to control mother.
B.
Father
demands
rigid
obedience
of
all
children
regardless of age or reasonableness, resulting in
emotional and verbal abuse of the children.
C. Father has demanded, in front of the children, that
mother get out of the house and he has no means of
caring for the children on his own.
D. In times in the recent past father has agreed to a
divorce and then changed his mind, and then denies he
agreed to a divorce and then, in front of the children,
threatens to evict mother.
E. In times recently past, father has agreed that mother
should have custody and take the children to Georgia
and live with her family.
F. In times past, after father has agreed that mother
should have custody of the children in Georgia he then
threatens to have her arrested if she leaves the state
of Pennsylvania.
G.
Father suffers
predictability.
from extreme mood swings without
H. Father and mother have no support network in Central
pennsyl vania as their respective families both reside
in Georgia.
I. Father's and mother's families in Georgia have since
the parties separation provided financial and emotional
support to mother and the children.
48. 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.
49. Defendant shall have the right to reasonable and liberal
visitation with the children.
WHEREFORE, Plaintiff respectfully prays your Honorable Court
to grant primary physical custody to Plaintiff and that Defendant
be granted reasonable rights of visitation or temporary custody.
Respectfully submitted,
DISSINGER and DISSINGER
'---Jj1~ Of A7=~f~
Mary A. Etter Dissinger
Attorney for Plaintiff
Supreme Court 1D # 27736
400 South State Road
Marysville, PA 17053
(717) 957-3474
VERIFICATION
I, Jane L. DeCurtis, verify that the statements made in the
Divorce Complaint are true and correct. I understand that false
statements herein are made subject to the penalties of 18 Pa.
C.S. ~4904 relating to unsworn falsification.
J
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JANE L. DECURTIS
PLAINTIFF
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
05-4408 CIVIL ACTION LAW
CHARLES N. DECURTIS, JR.
DEFENDANT
[N CUSTODY
ORDER OF COURT
AND NOW,
Wednesday, Angust 31, 2005
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Hubert X, Gilroy, Esq,
at 4th Floor, Cumberland County Courthouse, Carlisle on Tuesday, September 06, 2005
, the conciliator,
at 10:00 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 hcard 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 ent!)' 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 hearin!!,
FOR THE COURT.
By: Isl
Hubert X. Gilrov, Esq.
Custody Conci liator
,'tv'
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 accessihle 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
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v
CHARLES DeCURTIS,
Plaintiff/Petitioner
IN THE COURT OF COMMON PLEAS
CUMBERLAND COONTY, PENNSYLVANIA
v.
.~
NO. 05-4367
JANE DeCURTIS,
Defendant/Respondent
CIVIL ACTION - LAW
IN DIVORCE AND CUSTODY
JANE L. DeCURTIS,
Plaintiff
: IN THE COURT OF COMMON PLEAS
: OF C~3ERLAND COUNTY
: PENNSYLVANIA
vs.
/
~: CIVIL ACTION ./'
1V NO, 05-4408 ~
IN DIVORCE
CHARLES N. DeCURTIS, JR.,
Defendant
t.~
AND NOW THIS _ day of September, 2005, it is hereby
ordered that these two cases shall hereby be combined and all
further actions shall be filed to ~ un the caption of
CHARLES DeCURTIS v. JANE DeCURTIS, DOQ~et No, 05 4367
(
ORDER
'"
By the Court
Distribution:
Mark Mateya Esquire, counsel for Charles DeCurtis
Mary A. Etter Dissinger Esquire, counsel for Jane DeCurtis
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2005-04408 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DECURTIS JANE L
VS
DECURTIS CHARLES N JR
R. Thomas Kline
, Sheriff or Deputy Sheriff who being
duly sworn according to law, says, that he made a diligent search and
and inquiry for the within named DEFENDANT
, to wit:
DECURTIS CHARLES N JR
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of DAUPHIN County, Pennsylvania, to
serve the within COMPLAINT - DIVORCE
On September 13th , 2005 , this office was in receipt of the
attached return from DAUPHIN
County
Sheriff's Costs:
Docketing 18,00
Out of County 9.00
Surcharge 10.00
Dep Dauphin County 26,25
Postage .74
63.99
09/13/2005
DISSINGER & DISSINGER
Sworn and subscribed to before me
this J3 day of ~-k.wth.,A-
~O~ffi~
, ~otary
In The Court of Common Pleas of Cumberland County, Pennsylvania
Jane L. DeCurtis
VS.
Charles N. DeCurtis Jr.
No.
05-4408 civil
Now,
August 31, 2005
, I, SHERIFF OF CUMBERLAND COUNTY, P A, do
hereby deputize the Sheriff of
Dauphin
County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
..,..,./ /~.
~~C~?~
Sheriff of Cumberland County, PA
Affidavit of Service
Now,
,20_, at
o'clock
M. served the
within
upon
at
by handing to
a
copy of the original
and made ]mown to
the contents thereof.
So answers,
Sheriff of
County, PA
Sworn and subscribed before
me this day of , 20_
COSTS
SERVICE
MILEAGE
AFFIDAVIT
$
$
@ffitt of tlrc ~4criff
William T. Tully
Solicitor
Charles E. Sheaffer
Chief Deputy
Mary Jane Snyder
Real Estate Deputy
Michael W. Rinehart
Assistant Chief Deputy
Dauphin County
Harrisburg, Pennsylvania 17101
ph: (717) 780-6590 fax: (717) 255-2889
Jack Lotwick
Sheriff
Commonwealth of Pennsylvania
DECURITS JANE L
vs
County of Dauphin
DECURTIS CHARLES N. JR
Sheriff's Return
No. 1547-T - -2005
OTHER COUNTY NO. 05-4408
AND NOW:September 7, 2005 at 3:49PM served the within
NOTICE & COMPLAINT IN DIVORCE
upon
DECURTIS CHARLES N. JR
by personally handing
to DEFENDANT
1 true attested copy(ies)
of the original
NOTICE & COMPLAINT IN DIVORCE
and making known
to him/her the contents thereof at
SHERIFF'S OFFICE, DCCH
FRONT & MARKET STREETS
HARRISBURG, PA 17101-0000
Sworn and subscribed to
So Answers,
Jf~
lefore me this 8TH day of SEPTEMBER, 2005
Sheriff of Dauphin County, Pa.
~A/
NOTARIAL SEAL
MARY JANE SNYDER, Notary Public
Highspire, Dauphin County
My Commission Expires Sept. 1,2006
ByctfJ/VJa~) 0Mm!#~)
Deputy Sheriff
Sheriff's Costs: $26.25 PD 09/01/2005
RCPT NO 210194
SITLING