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HomeMy WebLinkAbout06-3487John C. Howett, Jr., Esquire HOWETT, KISSINGER, CONLEY & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Robert W. Lasek IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W.LASEK, ) Plaintiff ) V. ) COLETTE R. LASEK, ) Defendant ) NO. 2006-,?L/J07 CIVIL TERM CIVIL ACTION - LAW 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 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 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, Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. 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 32 South Bedford Street, Carlisle, PA 17013 Telephone: (717) 249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities 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. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W.LASEK, ) Plaintiff ) V. ) COLETTE R. LASEK, ) Defendant ) NO. 2006- 34 8'7 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes Plaintiff, Robert W. Lasek, by and through his counsel, Howett, Kissinger, Conley & Holst, P.C., who states the following in support of the within Complaint: Plaintiff is Robert W. Lasek, an adult individual who currently resides at 1212 Redwood Hills Circle, Carlisle, Cumberland County, Pennsylvania, 17013. 2. Defendant is Colette R. Lasek, an adult individual who currently resides at 1212 Redwood Hills Circle, Carlisle, Cumberland County, Pennsylvania, 17013. Both the Plaintiff and the Defendant have been bona fide residents in the Commonwealth of Pennsylvania for a period of at least six months immediately preceding the filing of this Complaint. 4. Plaintiff and Defendant were married on October 26, 1987 in Danville, Pennsylvania. Neither Plaintiff nor Defendant is in the military or naval service of the United States or its allies within the provisions of the Servicemembers Civil Relief Act. 6. There have been no prior actions for divorce or annulment of the marriage instituted by either of the parties in this or any other jurisdiction. 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. The parties have lived separate and apart since on or about August 1, 2004. COUNT I - DIVORCE PURSUANT TO 63301(c or (d) OF THE DIVORCE CODE 9. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 10. The marriage of the parties is irretrievably broken. WHEREFORE, Plaintiff respectfully requests the Court to enter a Decree of Divorce pursuant to §3301 of the Divorce Code. COUNT H - EQUITABLE DISTRIBUTION 11. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 12. Plaintiff and Defendant have legally and beneficially acquired property, both real and personal, during their marriage, which property is "marital property." WHEREFORE, Plaintiff requests the Court to equitably divide all marital property. nr Respectfully submitted, Date: b D e 4TETT, ow43r- EY Y & HOLST, P.C. KICONL 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Robert W. Lasek VERIFICATION I, Robert W. Lasek, hereby swear and affirm that the facts contained in the foregoing COMPLAINT IN DIVORCE are true and correct to the best of my knowledge, information and belief and are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. 6/15/06 Date: Robert W. Lasek ?? ?? s ? w {,Q, -_.. o p G a c ? G ?? -'? ? ? ?> ,=? r "C 'ri ? ?:?: ?, ?. =? ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W.LASEK, ) Plaintiff ) V. ) COLETTE R. LASEK, ) Defendant ) NO. 2006-3487 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE ACCEPTANCE OF SERVICE I, Hubert X. Gilroy, Esquire, accept service of the Complaint in Divorce on behalf of Colette R. Lasek, Defendant in the above-captioned action and certify that I am authorized to do so. Date: c.! L.? © & Hubert X. Gilroy, Es ire BROUJOS & GIL Y, P.C. 4 North Hanover S eet Carlisle, PA 17013 Telephone: (717) 243-4574 Counsel for Defendant Colette R. Lasek IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. LASEK, Plaintiff ) V. ) COLETTE R. LASEK, ) Defendant ) NO. 2006-3487 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY STIPULATION FOR ENTRY OF AGREED UPON CUSTODY ORDER (--- , 2008, by and This Stipulation is made this day of kpr?i-A between ROBERT W. LASEK (hereinafter "Father") of Cumberland County, Pennsylvania and COLETTE R. LASEK (hereinafter "Mother") of Cumberland County, Pennsylvania. WITNESSETH: WHEREAS, the parties hereto, currently husband and wife, are separated and in the process of divorcing and are the biological parents of two children, namely Christopher Ryan Lasek (hereinafter "Christopher") born December 10, 1991 and Eric Colin Lasek (hereinafter "Eric") born April 7,1999; WHEREAS, both of the parties are medical doctors and as a result have inherent irregularity in their work schedules; WHEREAS, the parties are committed to working together, and around their work schedules, to assure that the children have a continuing and significant relationship with each parent; WHEREAS, Mother and Father believe that it is in the best interest of the children that physical custody of the children is shared equally between the parties to the extent possible; WHEREAS, the parties are desirous of entering into an agreed upon custody order without the necessity of formal court intervention. NOW, THEREFORE, with the foregoing recitals being incorporated herein and deemed an essential part hereof, and in consideration of these premises and of the mutual promises, covenants and undertakings hereinafter set forth, Mother and Father, each intending to be legally bound hereby, covenant and agree as follows: Legal Custody. The parties shall share legal custody of Christopher and Eric, legal custody being defined as the right to make major decisions affecting the best interests of the children, including, but not limited to, medical, religious, moral, educational, psychological, psychiatric and general parenting decisions. The parties agree to discuss and consult with one another with a view towards adopting a harmonious policy calculated to promote each child's best interest. Each party shall have the right to be kept informed of each child's educational, social, moral, medical and psychological development. Each party will be entitled to full and complete records and information concerning each child from any doctor, dentist, teacher, counselor, psychologist, psychiatrist, treatment institution or similar authority and to have copies of reports, notices or other communications given to each parent. To effectuate the parties' intent in this regard, each party agrees to execute, upon presentation thereof, any and all documents necessary to facilitate the exchange of information to the other parent directly from the appropriate doctor, dentist, psychologist, psychiatrist, counselor, teacher, treatment institution or similar authority. Each parent shall notify the other of any matter 2 relating to the child which could reasonably be expected to be of significant concern to the other. Day-to-day decisions shall be the responsibility of the parent then having physical custody. The parent having physical custody of a child at the time of any emergency shall have the right to make any immediate decisions necessitated thereby but shall inform the other parent of that emergency and consult with him or her as soon as possible. Each parent agrees to provide the other with each of the children's extra-curricular activities, school activities, medical and other like appointments, or otherwise, within forty-eight (48) hours of learning of such events. 2. Physical Custody. Mother shall have physical custody of Eric fifty-one percent (51 %) of the time and Father shall have physical custody of Christopher fifty-one percent (51 %) of the time. Accordingly, Mother shall be entitled to claim Eric as a dependency exemption on her federal income tax return and Father shall be entitled to claim Christopher as a dependency exemption on his federal income tax return. Given the inherent irregularity of both Mother's and Father's work schedules, Mother and Father shall meet each and every month to establish the physical custody schedule for the subsequent month. In working out the schedule, Mother and Father shall, to the extent possible, develop their schedule so that the children are in the physical custody of the same parent at the same time and that the children are apart for no more than three (3) days per year as a result of this custody schedule (activities such as boy scout camp, overnight sleep overs with friends, school trips, etc. shall not be included in the three (3) day calculation). Moreover, the parties acknowledge that they will attempt to ameliorate the number of custody transition periods occurring on a weekly basis. Moreover, the parties acknowledge that they will, in formulating the month's schedule, take into consideration and address upcoming holidays so that the holidays are also shared by the parties and will also address vacations periods between the children and each parent. However, the parties specifically agree that Mother shall always have custody of the children each and every Mother's Day weekend and that Father shall always have custody of the children each and every Father's Day weekend. Moreover, the parties shall attempt to ensure that each party has significant time with each child on or around each child's birthday and, on or around each parent's birthday. Children's Activities. Each parent shall ensure that the children participate in all regularly scheduled activities during his or her periods of custody. If a designated time for a pick-up or a return of a child is during a scheduled activity then pick-up or return shall occur at the activity. Mother and Father shall provide each other advanced notice of all scheduled activities and they agree to consult with one another regarding the scheduling of activities before enrolling either child in any such activities. 4. Transportation. Unless the parties agree otherwise, the party assuming physical custody of the child or of the children shall be responsible for providing the transportation. Disparaging Remarks Prohibited. The parties shall refrain from making any disparaging or negative remarks with regard to the other party directly to the children or in the presence of the children. Likewise the parties shall ensure that third parties refrain from making any disparaging or negative remarks with regard to the other party either directly to the children or in the presence of the children. Neither party shall do or say anything which may estrange the children from the other parent, injure the opinion of the children as to the other parent or hamper the free and natural development of the love and respect for the other parent. Mother and Father agree not to discuss custody issues with the children or in the presence of the children. 4 6. Telephone/Address. Each party shall keep the other apprised of his or her telephone numbers (including work and cell numbers), and addresses. Each party shall be entitled to telephone privileges with the children while the children are in the custody and control of the other parent along with, if applicable, e-mail contact. 7. Relocation. Neither party shall permanently relocate if the relocation would necessitate a change in the physical custody schedule or if the relocation would result in a change of school district for the children or exceed a fifteen (15) mile radius without a minimum notice or ninety (90) days to the other party. The ninety (90) days notice is designed to afford the non-relocating parent an opportunity to negotiate the custodial arrangement or to have the matter listed for a court hearing. For the children's welfare, the parties agree that neither shall consider moving very far from the other or changing school districts, until each of the children had reached adulthood. Entry as a Court Order. The terms of this Stipulation shall be incorporated into a Court Order of the Court of Common Pleas of Cumberland County, Pennsylvania at the request of either party. IN WITNESS WHEREOF, the parties set their hands and seals on the dates of their acknowledgments. 1W WITNE qa)l) WITN S ?V ??? ROBERT W.LASEK "XZOA??,_ COLETTE R. LASEK COMMONWEALTH OF PENNSYLVANIA COUNTY OF 2-U0&j6j'--- BEFORE ME, the undersigned authority, on this day personally appeared ROBERT W. LASEK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that he executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of ..? L , 2008. aar/,Public n and Commonwealt of Penns lvania Typed or printed otary: My commission expires: CDMMONWEAL7H Of PEflflSY1VANtA C17Y OF DEBRA MNOHIM NOTARY PUBLIC MY COMM SSION EXPIRES AUGN29 2009 6 COMMONWEALTH OF PENNSYLVANIA COUNTY OF ? U all ti BEFORE ME, the undersigned authority, on this day personally appeared COLETTE R. LASEK, known to me to be the person who executed the foregoing instrument, and who acknowledged to me that she executed same for the purposes and considerations therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE thi day of sC2 0:j , 2008. tary-PuWic in nd for Commonwealth Penn Typed or printed na My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBRA M. SHIMP, NOTARY PUBLIC CITY Of HARRISBURG, DAUPHIN COUNTY MY COMMISSION EXPIRES AUG. 29 2009 7 E._..f t.?: ?: _ ,._t ... . ..... , t- ... . , , .1 '.- , r ? ? ?, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. LASEK, Plaintiff ) V. ) COLETTE R. LASEK, ) Defendant ) NO. 2006-3487 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE PRAECIPE WITHDRAWING ANCILLARY CLAIMS TO THE PROTHONOTARY: Please withdraw all ancillary claims filed by the Plaintiff, Robert W. Lasek, in his Complaint in Divorce docketed to the above term and number. Respectfully submitted, Date: 4-;4-6 Jo . Howett, J ,.squire WETT, KISS ER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Robert W. Lasek ? ? r?? ? '' ? , '?1 .-? _, -ti L-'° `> `r- ., ?-;? L.,, ?`? .:I.J t.:._: IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W.LASEK, ) Plaintiff ) V. ) NO. 2006-3487 CIVIL TERM COLETTE R. LASEK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PLAINTIFF'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on June 19, 2006. 2. The marriage of Plaintiff and 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 in 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 §3301(c) OF THE DIVORCE CODE I consent to the 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 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. qe?d Z() Date: C ; ?v 1 14? Robert W. Lasek, Plaintiff (^} r„ - r - ri, ?? cvt ' ? ?' ;- ?-r ?_ ^? -. ,?` _ .:^ `_, :?, ?, ?? " ,` s+? ?? ? -? ;c . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. LASEK, Plaintiff ) V. ) COLETTE R. LASEK, ) Defendant ) NO. 2006-3487 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT 1. A complaint in divorce under §3301(c) of the Divorce Code was filed on June 19, 2006. 2. The marriage of Plaintiff and 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 in 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 §3301(c) OF THE DIVORCE CODE I consent to the 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 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: ?w?.X ZdA?? Colette R. Lasek, Defendant ?"' r....,1 ".C?S 1. % ? ?'t '--,,,. " ,^.3 _ ?=- P . ?? -y Y "Y ?? ' ? ? ?. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. LASEK, Plaintiff ) V. ) NO. 2006-3487 CIVIL TERM COLETTE R. LASEK, ) CIVIL ACTION - LAW Defendant ) IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the court for entry of a divorce decree: Ground for divorce: Irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: Service accepted by Hubert X. Gilroy, Esquire on June 26, 2006; Acceptance of Service filed on June 26, 2006. 3. Date of execution of the affidavit of consent required by §3301(c) of the Divorce Code: by plaintiff, April 24, 2008; by defendant, April 24, 2008. 4. Related claims pending: No related claims pending. 5. Date plaintiff s Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith; date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: contemporaneously herewith. Date: '-4t "erc. Howett, Jr., ire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P. O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff Robert W. Lasek C:9 c:aa _ft t 7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. ROBERT W. LASEK, Plaintiff VERSUS COLETTE R. LASEK, Defendant No. DECREE IN DIVORCE 2006-3487 CIVIL TERM ?J Q 2008 AND NOW, cG?d -7 IT IS ORDERED AND DECREED THAT ROBERT W LASEK , PLAINTIFF, AND COLETTE R. LASEK -,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; None. E A . ?. •s • .. APR R b 2008 _d py. John C. Howett, Jr., Esquire HOWETT, KISSINGER & HOLST, P.C. 130 Walnut Street, P.O. Box 810 Harrisburg, PA 17108 Telephone: (717) 234-2616 Counsel for Plaintiff, Robert W. Lasek Hubert X. Gilroy, Esquire MARTSON LAW OFFICE 10 East High Street Carlisle, PA 17013 Telephone: (717) 243-3341 Counsel for Defendant, Colette R. Lasek IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA ROBERT W. LASEK, Plaintiff ) V. ) COLETTE R. LASEK, ) Defendant ) NO. 2006-3487 CIVIL TERM CIVIL ACTION - LAW IN CUSTODY ORDER OF COURT AND NOW, this day of , 2008, it is hereby ORDERED and DECREED that the terms and conditions of the attached Stipulation for Agreed Upon Custody Order are incorporated herein and hereby made an Order of Court. Distribuzj, ion: , Phn C. Howett, Jr., Esquire, P.O. Box 810, Harrisburg, PA 17108, (717) 234-2616 ?Hubert X. Gilroy, Esquire, 10 East High Street, Carlisle, PA 17013, (717) 243-3341 00pt EIS' Mal f y/ag/o8 BY THE COURT: E! 1 j 1 Z ; l ! Li Z ?lJ'l 8 301 "Hi ?O