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HomeMy WebLinkAbout05-4787SUSAN M. BRITT, Plaintiff V. GREGORY A. RESETAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO.: 6-i- q 7 F 7 Cut=e /?-- DIVORCE ACTION 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 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 (717) 240-6195, Cumberland County Courthouse; One Courthouse Square, Carlisle, Pennsylvania 17013. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYERS 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 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 SUSAN M. BRITT, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. O-5- `>`7:t"7 w GREGORY A. RESETAR, : DIVORCE ACTION DEFENDANT COMPLAINT COUNT I -DIVORCE UNDER SECTION 33011.) OR SECTION 3301(dl OF THE DIVORCE CODE 1. Plaintiff, Susan M. Britt, is an adult individual who currently resides at 1614 Fox Hollow Road, Mechanicsburg, Cumberland County, PA 17055. 2. Defendant, Gregory S. Resetar , is an adult individual whose last known address was 1614 Fox Hollow Road, Mechanicsburg, Cumberland County, PA 17055. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of the Complaint. 4. The Plaintiff and Defendant were married through a common law marriage. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request that the Court require the parties to participate in Counseling. 8. Plaintiff requests the Court to enter a Decree of Divorce. WHEREFORE, Plaintiff, Susan M. Britt, urges this Honorable Court to enter a Decree of Divorce. COUNT II EQUITABLE DISTRIBUTION 9. Plaintiff incorporates herein by reference Paragraphs 1 through 8 above. 10. Plaintiff and Defendant possess various items of both real and personal marital property, which is subject to equitable distribution by this Court. WHEREFORE, Plaintiff, Susan M. Britt, requests this Court to equitably distribute the marital property after an inventory and appraisement has been filed by the parties. COUNT III ALIMONY UNDER SECTION 3701 OF THE DIVORCE CODE 11. Plainitff incorporates herein by reference Paragraphs 1 through 10 above. 12. Plaintiff requires support to adequately maintain herself in accordance with the standard of living established during the marriage. WHEREFORE, Plaintiff, Susan M. Britt, requests this Honorable Court to award her reasonable alimony pursuant to Section 3701 of the Divorce Code. COUNT IV ALIMONY PENDENTE LITE COUNSEL FEES COSTS AND EXPENSES UNDER SECTION 3702 13. Plaintiff incorporates herein by reference Paragraphs 1 through 12 above. 14. Plaintiff has no adequate means of support for herself during the course of this litigation. 15. Plaintiff does not have sufficient funds to pay counsel fees, costs or expenses incidental to this action. 16. Plaintiff has no health insurance other than that presently available to her through Defendant's employment. WHEREFORE, Plaintiff, Susan M. Britt, requests that the Court award to her alimony pendente lite, counsel fees, costs and expenses. 17. Plaintiff incorporates herein by reference Paragraphs 1 through 16 above. 18. Plaintiff requests the Court to order that she be entitled to exclusive use of the family home on both an interim and permanent basis. WHEREFORE, Plaintiff, Susan M. Britt, requests the Court to award her exclusive use and possession of the marital home pursuant to Section 3502(c) of the Divorce Code. COUNT II - CUSTODY 19. Plaintiff seeks custody of the following children: Name Tyler G. Reseter Evan B. Reseter Trent G. Reseter Brennan B. Reseter Present Residence 1614 Fox Hollow Drive Mechanicsburg, PA 1614 Fox Hollow Drive Mechanicsburg, PA 1614 Fox Hollow Drive Mechanicsburg, PA 1614 Fox Hollow Drive Mechanicsburg, PA Age 16 (DOB : 2/25/89) 14 (DOB: 11/1/90) 12 (DOB: 4/2/93) 9 (DOB: 12/13/95) 20. The children were born during the course of the common law marriage. 21. The children are presently in the custody of the Plaintiff who resides at the above referenced address. 22. During the past five (5) years, the children have resided with the following persons and at the following addresses: Persons Addresses Plaintiff 1614 Fox Hollow Drive Dates Mechanicsburg, PA 9/05-present Parties 1614 Fox Hollow Drive Mechanicsburg, PA 1/05-9/05 Parties 1053 Swarthmore Rd New Cumberland, PA 1993-1/05 23. The Mother of the children is the Plaintiff. She is currently married but separated. 24. The Father of the children is the Defendant. He is currently married, but separated. 25. The relationship of the Plaintiff to the children is that of mother. The Plaintiff currently resides with herself and the children, at the above referenced address. 26. The relationship of the Defendant to the children is that of father. The current whereabouts are unknown. 27. Plaintiff has not participated as a party or witness or in another capacity in other litigation concerning custody of the children in this or another Court. 28. Plaintiff has no information of a custody proceeding concerning the children pending in a Court of the Commonwealth or any other state. 29. 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. 30. The best interest and permanent welfare of the children will be served by granting the relief requested because mother has played an active and nurturing role in the development of the children and the continued relationship would be in the best interests of the child. 31. 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. WHEREFORE, Plaintiff, Susan M. Britt, requests the Court to grant her sole legal custody of the children and to award her primary physical custody of the child and to award Defendant periods of partial physical custody. Respectfully submitted, NEALONN GOVE & PERRY By: CI James G. Nealon, III, Esquire Attorneyl.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 Date: September 14, 2005 VERIFICATION Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unsworn falsification to authorities. Dated: g I I q 1 w I, Susan M. Britt, verify that the statements made in the foregoing SUSAN M. BRITT /~CJ ~6C~, ~ ~ N ~1 ~1 \ ~ ~ r "( ~ ~ ~ ~ ~~ '`p l•' Q c `~ r l h~ ~~ '"~~ ~ ~~ raa - ~ h ~-, 2 µ~: m ~ ., -~-~ ... ` ~ ~~~a ,. _. _ ,~ .~ _, -ti it - -.-~.~ a . f' i ... ~ C_,1 ~ '^.7 -+'^ " "C ~thlN SUSAN M. BRITT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. GREGORY A.RESETAR DEFENDANT 05-4787 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW, Wednesday, September 21, 2005 upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Wednesday, October 19, 2005 at 1:00 PM 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 aQe 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 hearing. FOR THE COURT, By: /s/ Dawn S. Sunday Ems. 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 information 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 HAVE 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 -12 4T-1'-7"W .7-? s° 91 :£ lid ZZ daS SOQZ AMUNCH-LOtd 3N1 ?O SUSAN M. BRITT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. NO.: 2005-4787 GREGORY A. RESETAR, DIVORCE ACTION Defendant AFFIDAVIT OF SERVICE I, John A. Stine do hereby certify, subject to the penalties of 18 Pa. C. S. Section 4904, relating to Unswo _ Falsification to Authorities, that I am a competent adult and that on the 1,6'day of _, 2005, at about o'clock a.m. .m l served true and correct copies of the following documents in the above-captioned matter: Divorce Complaint filed in the matter or in the manner and form as attached upon the ultimate recipient Gregory Resetar served in the following indicated manner: ?y persona?y hand g said copies to and Diving same ?w. li th said Grego Resetar at the address below or at /6 / 5` y ?' f'DLGOC?J /?d , lifeA.tlrt'?i 1 by personally handing said copies to and leaving same with the following named adult member at the address below or at by leaving said copies at the last known address of the ultimate recipient, said last known address at the following location: and said copies being specifically placed at A. TO BE FILL Received the DN ACCEPTIN 13 C documents on / (Date) 74 G?aS Date Received: r') ^^J -0V n i [T SUSAN M. BRITT vs. Plaintiff GREGORY A. RESETAR Defendant RECF JVED IN THE COURT OF COMMON PLEAS OF 05-4787 CIVIL ACTION LAW OCT 2 -1 Zo05 BY: CUMBERLAND COUNTY, PENNSYLVANIA IN CUSTODY ORDER AND NOW, this 19th day of October, 2005 , the conciliator, being advised by plaintiff's counsel that there is no need for the custody conciliation conference scheduled for today, hereby relinquishes jurisdiction. The Custody Conciliation Conference scheduled for October 19, 2005 is cancelled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ~~ N CJ ° -T7 ' CJ 1 ~ ~ V~ fti ~ ~. ~ ~~ ~_ .-~ ~ 1-~-'l ~Y ~y ..~~ .. (Jt ~ "'~ /f ~~' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. BRITT No. 05-4787 c fi Plaintiff F }• r cc Min vs. Civil Action -Law , j GREGORY A. RESETAR Defendant PETITION TO WITHDRAW AS COUNSEL 1. James G. Nealon, III, Esquire is counsel of record for Plaintiff, Susan M. Britt, in the above captioned matter. 2. Effective February 1, 2010, Attorney Nealon will be taking an in-house legal position with the Erie Insurance Company. The position will prevent Attorney Nealon from continuing to represent the Plaintiff in the matter. 3. No hearing or other proceedings are currently scheduled in the above captioned matter. 4. No prejudice will result to Plaintiff in permitting Attorney Nealon to withdraw as counsel of record. 5. Attorney has notified Plaintiff of his new employment. A copy of the correspondence is attached hereto and incorporated herein by reference as Exhibit "A". WHEREFORE, Petitioner, James G. Nealon, III, urges this Honorable Court to permit him to withdraw as counsel of record for the Plaintiff. Respectfully subo Date: 1. J 1 - I NEALON By: James G. Nealon, III, Esquire Attorney I.D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 NEALON LAW FIRM, PC James G. Nealon, III 2411 North Front Street Attorney at Law Harrisburg, PA 17110 (717) 232-9900 Fax: (717) 236-9119 jnealon®nealon-law.com Susan M. Britt 236 Hillside Drive New Cumberland, PA 17070 Dear Susan: January 28, 2010 101 South Duke Street York, PA 17401 (717) 852-7888 This will serve as a follow up to my e-mail. As I explained to you, I am taking an in-house legal position with an insurance company, which will prevent me from handling private legal.matters. I am required to file a Petition to Withdraw as Counsel, a copy of which is enclosed herewith. I will keep your file for when you retain new counsel. Please advise accordingly after February 1, 2010, 1 can be reached at 717/648-3133. Thank you for your attention to this matter. Very truly N JAMES G. NEALON, III JGN/bjn Enc. EXHIBIT "A" CERTIFICATE OF SERVICE AND NOW, this -31 day of January, 2010, 1 hereby certify that a copy of the foregoing Withdrawal of Appearance was served upon the following via First Class US Postal Service. Susan Britt 236 Hillside Drive New Cumberland, PA 17070 Rebecca M. Darr, Esquire 130 Walnut Street P.O. Box 810 Harrisburg, PA 17101 Nealon, III _. -: FLED-0i r 2010 FEB t 2010 FEB 16 Pal 4: 15 James G. Nealon, III, Esquire CU?? r Attorney ID No. 46457 r ;: CU K M ?f? J 4Y P.O. Box 771 Hummelstown, PA 17036 jnealon@nealon-law.com IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. BRITT No. 05-4787 Plaintiff VS. Civil Action - Law GREGORY A. RESETAR Defendant RULE TO SHOW CAUSE AND NOW, this L day of 2010, upon consideration of James G. Nealon, III, Petition to Withdraw as Counsel, IT IS HEREBY ORDERED that a Rule is hereby issued upon all parties to show cause, if any, why the requested relief should not be granted. Rule returnable within days of service. BY THE COURT: J. Distribution: ?JI es G. Nealon, III, P.O. Box 771, Hummelstown, PA 17036 /Sy?an Britt, 236 Hillside Drive, New Cumberland, PA 17070 Rebecca M. Darr, Esquire, 130 Walnut Street, P.O Box 810, Harrisburg, PA 17101 14?5 m?..Lt-?.? c?. 14 !10 ?r? i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUSAN M. BRITT, ) Plaintiff ) 1 v. ) ) GREGORY A. RESETAR, ) Defendant ) NO. OS-4787 ~n-- ~ N ~ m. ~-7 ~' Ct7 r'; . t~ f'° ..~ = ~ ~ r~~ CIVIL ACTION -LAW _ F r '=~~ ;- ..~, _•-, ire{-r~ =' ~ `;=~' IN DIVORCE =`~' ` -T ` `-` , ~ ~ ~. ~ ~ PRAECIPE FOR WITHDRAWAL AND ENTRY OF APPEARANCE TO THE PROTHONOTARY: Please withdraw the appearance of Donald T. Kissinger, Esquire, and the firm of Howett, Kissinger & Holst, P.C., as counsel of record for Defendant, Gregory A. Resetar. ~~ Date: ~ ~ ~~ ~ ~ Donald T. Kissinger, Esquir HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Kindly enter the appearance of Gregory A. R ,Defendant, pro se. :, Date: Gregory esetar 511 Rupl y Road Camp Hill, PA 17011 SUSAN M. BRITT, Plaintiff VS. GREGORY A. RESETAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA . CIVIL DMSION NO. 2 0 0 5 - 4 7 8 7 CIVIL, TERM PRAECIPE TO TRANSNIIT RECORD To the Prothonotary: Transmit the record, together with the following information to the court for entry of a divorce decree: 1. Ground for divorce: Irretrievable breakdown under 3301 (c) - 33~1~}~1} ef-tha-Di~-ercaCoder (Strike out inapplicable section) 2. 3 Date and manner of service of the complaint: 9 / 1 8 / 0 5 hand served at 2:30 p.m. Complete either paragraph (a) or (b). a. Date of execution of the affidavit of consent required by 3301 (c) of the Divorce code: by plaintiff 7 / 2 6 / 1 0 ; by defendant 8 / 3 / 10 b. (1) Date of execution of the affidavit required by 3301 (d) of the Divorce Code: (2) Date of filing and service of the plaintiff s affidavit upon the respondent: 4. Related claims pending: none 5. Complete either (a) or (b) a. Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: b. Date of plaintiff's Waiver of Notice in 3301 {c) Divorce was filed with the Prothonotary: 8 / 5 / 1 0 Date defendant's Waiver of Notice in 3301 (c) divorce was filed with the : _a Prothonotary: 8 / 5 / 1 0 ~£: o~ iuf~ b ~~~. ~lor ~~"- ,_s~ _ _ ~ -- _,., Attorney for PlaintifffDe€anda~ SUSAN M. BRITT, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4787 CIVIL CIVIL -DIVORCE GREGORY A. RESETAR, Defendant PLAINTIFF'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c 1 OF THE DIVORCE CODE ~w o~l~e of ohn M.~err 5020 Ritter Roatl SuitC 109 Mechanicsburg, PA 17055 Pi a rvc: 7 17.766.4005 Fnx: 7 17.766.4066 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 14, 2005. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Dated: / ~ ~ ~ • ~ Signature. C`~ ~' ~- "." ;i Ca > ~~ I T (_~' ~ T T[ 9 -_ .~. ~:.. :!' ~ • . ~t W ._.... - .. SUSAN M. BRITT, Plaintiff v. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 2005-4787 CIVIL CIVIL -DIVORCE GREGORY A. RESETAR, Defendant WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c1 OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Date: 7 -o~ 6 ' ~b Susan M. Britt, Plaintiff Law Offirn of ohn M.~err 5020 Rftrer Road SuitC 109 blechanicsburi;, F A 1 7055 Pt urve: 717.766.4008 Fnx: 7 17.766.4066 C'a r~a C: ~> ~_, `~~ r -, ~.~ r:_ < _ _t~ai Lr - a -::. ~~.::~ -. O ~~.. yaw o~i~e of ohn M.~err 5020 Ritter Road Suite 109 Mechanicsburg, PA 17055 Puove: 7 17.766.408 Fnx: 7 17.766.4066 SUSAN M. BRITT, Plaintiff v. GREGORY A. RESETAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2005-4787 CIVIL CIVIL -DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on September 14, 2005. 2. The marriage of the plaintiff and the Defendant is irretrievably broken and ninety days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the pena unsworn falsification to authorities. Dated: Signature: of 18 Pa. C.S. §4904 relating to law Offim of ohn M.~err 5020 Ritter Road Suilc I09 Mechanicsburg, PA (7055 PI lone: 717.766.4008 Fnx: 717.766.4066 SUSAN M. BRITT, Plaintiff v. GREGORY A. RESETAR, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA N0.2005-4787 CIVIL CIVIL -DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER §3301(c1 OF THE DIVORCE CODE 1. I consent to entry of a final decree of divorce without notice. 2. I 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. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the Prothonotary. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of~18 Pa. C.S.§4904, relating to unsworn falsification to authorities. Date: G A. Resetar, Defendant SUSAN M: BRJTT V. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA GREGORY A. RESETAR NO 2005 - 4787 DIVORCE DECREE AND NOW, uJ ~ 7 , ~ZO ld , it is ordered and decreed that SUSAN M. BRITT plaintiff, and GREGORY A. RESETAR ,defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") NONE By the Court, $• 1 ? • i O ~r-~. C.v~u~ ~~ less $•1`~ •lb ~ ~ Ke.nr ~Je~: