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HomeMy WebLinkAbout07-0969 MICHAEL J. FORTE, PLAINTIFF V. MICHELLE C. FORTE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01- Qt. C c vL-FEZO-)eA : 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, PA 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 17103 (717) 240-6195 MICHAEL J. FORTE, PLAINTIFF V. MICHELLE C. FORTE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. O'ff' QG? 9 l., l c, ??.,???,,,? DIVORCE ACTION COMPLAINT UNDER SECTION 3301(c) OR SECTION 3301(d) OF THE DIVORCE CODE 1. Plaintiff, Michael J. Forte, is an adult individual who currently resides at 24 Country Club Place West, Camp Hill, PA 17011. 2. Defendant, Michelle C. Forte, is an adult individual who currently resides at 7 Country Club Place East, Camp Hill, PA 17011. 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 on September 11, 1999, in Farmington, Maine. 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, MICHAEL J. FORTE, urges this Honorable Court to enter a Decree of Divorce. Respectfully submfttd, NEALON GYER E BY? --. James G. Nealon, III, Esquire Attorney I . D. #46457 2411 North Front Street Harrisburg, PA 17110 (717) 232-9900 VERIFICATION I, MICHAEL J. FORTE, verify that the statements made in the foregoing Complaint are true and correct. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904 relating to unswom falsification to authorities. f MICHAEL J. FORT Dated : .Z\ k5??,-l 0 b ? p O ? d o n,, 3 N) W D` ` o "aD MICHAEL J. FORTE, PLAINTIFF V. MICHELLE C. FORTE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-969 Civil Term DIVORCE ACTION ACCEPTANCE OF SERVICE I hereby accept service of the Divorce/Custody Complaint filed in the above-captioned matter and certify that I am authorized to do so. DATE: _ 17 -0 Joanne Harrison C gh, Esquire 1. D. # '' lo1?4 1. 1_ 24 North 32m Street Camp Hill, PA 17011 Attorney for Defendant -ri °c ?;. ? nz ' r . ? y _ ?_, t .? ?.- ?3 "'.. .. MICHAEL J. FORTE, : IN THE COURT OF COMMON PLEAS PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 07-969 Civil Term MICHELLE C. FORTE, : DIVORCE ACTION DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on February 20, 2007. 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. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: 6401-01 MICHAEL J. FORTE "'X P-41 q 1 a tf F;, < t C t1F-n J1 - ?C,. (V drn c-n C37 "? MICHAEL J. FORTE, PLAINTIFF V. MICHELLE C. FORTE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-969 Civil Term DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND 15 3301(d) 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. 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: b 9 to MICHAEL J. FORTE r-a :, Q C cam -V 1 G -n 4rn R?-- C-1 '?° tI1 MICHAEL J. FORTE, : IN THE COURT OF COMMON PLEAS PLAINTIFF : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 07-969 Civil Term MICHELLE C. FORTE, : DIVORCE ACTION DEFENDANT AFFIDAVIT OF CONSENT 1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on February 20, 2007. 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. 1 consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 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: Z D MICHELLE C. FORTE C? a c_ -I c? c?7 MICHAEL J. FORTE, PLAINTIFF V. MICHELLE C. FORTE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-969 Civil Term DIVORCE ACTION WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER § 3301(c) AND § 3301(d) OF THE DIVORCE CODE 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. 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. r DATE: 4624;? MICHELLE C. FORTE .` co ; y,. c. 67- 9&9 POST NUPTIAL AGREEMENT This Agreement is made on this Z? day of , 2006, by and between MICHAEL J. FORTE (hereinafter referred to as "husband") and MICHELLE C. FORTE (hereinafter referred to as "wife"). WITNESSETH: A. WHEREAS, husband and wife were married on September 11, 1999; and B. WHEREAS, there have been two children born of the marriage, to wit, JACK SIMPSON FORTE (DOB: 1/21/01), and MAYA JOSEPHINE FORTE (DOB: 2/15/03); and C. WHEREAS, certain differences have arisen between the parties the result of which the parties desire, at this time, to live separate and apart; D. WHEREAS, the parties desire hereto to fix and determine by this post- nuptial agreement and rights and claims that have accrued to each of them in the Estate and real and personal property of the other by reason of the marriage and all economic rights of every kind and description arising from the marital relationship, including but not limited present and future rights of inheritance, support, maintenance, alimony, spousal support, alimony pendente lite, payment of counsel fees and equitable distribution and to accept the provisions of this Agreement in lieu of and in full discharge, settlement and satisfaction of all such rights and claims; and E. WHEREAS, each has made a fair disclosure to the other of his or her financial worth; and F. WHEREAS, each desires to set forth their mutual agreement and understanding in writing; and G. WHEREAS, each desire to set forth the custody arrangement for the minor children while the parties attempt to resolve their differences. NOW, THEREFORE, the parties hereto for and in consideration of the mutual promises, conditions and covenants of this Agreement and with the intent to be legally bound, hereby mutually agree as follows: 1. FULL DISCLOSURE OF ASSETS. Husband and wife agree that they have made a full and complete disclosure of their assets and income to the other. 1 2. WIFES DEBTS. Wife represents and warrants to Husband that as of the date of separation she has not incurred, and in the future she will not contract or incur, any debts or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of debts or obligations incurred by her. Other than set forth in Paragraph 4.D below, any and all loans, and/or debts and charge accounts presently in Wife's name alone shall be Wife's sole and separate responsibility for payment thereof, and Wife agrees to indemnify and save harmless Husband from any loss he may sustain, including attorney fees, as a result of any default in payment by wife. 3. HUSBAND'S DEBTS. Husband represents and warrants to Wife that as of the date of separation he has not incurred, and in the future he will not contract or incur, any debts or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason of debts or obligations incurred by him. Other than set forth in Paragraph 4.D below, any and all loans, and/or debts and charge accounts presently in Husband's name alone shall be Husband's sole and separate responsibility for payment thereof, and Husband agrees to indemnify and save harmless Wife from any loss she may sustain, including attorney fees, as a result of any default in payment by Husband. 4. DIVISION OF PROPERTY. Husband and Wife agree that the following constitutes an equitable distribution of the marital property. A. Husband's Property The following property shall become the sole and exclusive property of the Husband: 1. All right, title and interest in the 1998 Volvo. Husband shall be solely responsible for all loan payments, repairs, maintenance, insurance and registration fees for the vehicle; and 2. All right, title and interest in any of Husband's pension, 401(k), IRA, retirement or other accounts in his name; and B. Wife's Property The following property shall become the sole and exclusive property of Wife: 2 1. All right, title and interest in the 2006 Toyota Sienna. Wife shall be solely responsible for all loan payments, repairs, maintenance, insurance and registration fees for the vehicle. 2. All right, title and interest in any of Wife's pension, 401(k), IRA, retirement or other accounts in her name; and C. Marital Home 1. Husband and Wife currently own the property known as 7 Country Club East, Camp Hill, Pennsylvania. The property shall become the sole property of Wife. The property is currently encumbered by a mortgage. Wife agrees to refinance the mortgage so as to remove Husband from the mortgage. 2. At the time of financing, Husband and Wife shall execute a deed conveying the property to Wife. At that time, Husband shall relinquish all right, title and interest in the property. 3. Husband plans to vacate the marital residence. At the time that he vacates, Wife shall become solely responsible for all mortgage payments, taxes, insurance, repairs and maintenance on the property. D. Marital Debt The parties have. accumulated credit card debt of approximately $14,302.75 on a credit card(s). Husband agrees to pay the sum of $7,151.38 towards the credit card(s). Wife shall pay the balance of the credit card(s) bill and the card(s) shall then be cancelled and the account(s) closed. E. Other property. The parties agree that they have divided all other separate and marital property to their mutual satisfaction. As of the date of this Agreement, any and all property not specifically addressed herein shall be owned by the party to whom the property is titled, and if untitled, the party in possession. This Agreement shall constitute a sufficient bill of sale to evidence the transfer of any and all rights in such property from one to the other. Each party hereby waives any and all claims to the property of the other that is either titled in the name of the other party or in the other party's possession. 3 5. LEGAL CUSTODY. Legal custody of the minor children shall be shared by the Parties. Joint legal custody means the right of the parties to share in making decisions of importance in the life of the children, including educational, medical and religious decisions. The parties shall be entitled to equal access to the childrens' school, medical and dental records. As soon as practical after the receipt by a party, copies of the childrens' school schedules, special events notifications, report cards, and similar items shall be provided to the other party. Each shall notify the other party of any medical, dental, optical and other appointments of the children with health care providers, sufficiently in advance thereof so that the other party can attend. Notwithstanding that both parents share legal custody, non-major decisions involving the childrens' day to day living shall be made by the party then having custody, consistent with the other provisions of this Agreement. 6. PHYSICAL CUSTODY. Physical custody of the minor children shall be shared by mother and father. The schedule of shared physical custody shall be alternating weeks. The custody schedule shall commence each Sunday at approximately 6:00 p.m. 7. SUMMER. The alternating week schedule will not change during the summer months. 8. ALTERNATE HOLIDAYS. The parties shall alternate rights of custody on the holidays of Memorial Day, the Fo rth of Jul , Lq?oQay, The father's next alternating holiday shall be `? , anted the mother's next alternating holiday shall be The parties shall alternate custody on holidays thereafter. Custody on these holidays shall be exercised from 9:00 a.m. until 8:00 p.m. In the event that a parent who would otherwise have custody during a weekend which immediately precedes or follows one of the alternating holidays on which that same parent would also have custody, the parent need not relinquish custody until the conclusion of the entire period. 9. THANKSGIVING/CHRISTMAS. Father will always have custody during the Thanksgiving Holiday. In order to allow Father to travel over the Thanksgiving Holdiday, he may exercise Custody from Tuesday before Thanksgiving until Sunday after Thanksgiving. 4 Mother will always have custody of the children Christmas Eve and Christmas morning, Father will get custody of the children Christmas Day afternoon until December 26. 10. MOTHER'S DAY AND FATHER'S DAY. Mother shall always have the right of partial custody on Mother's Day. Father shall always have the right of partial custody on Father's Day. The rights of partial custody shall be exercised from 9:00 a.m. until 8:00 p.m. 11. HOLIDAYS A PRIORITY. The periods of partial custody for holidays, vacations, or other special days set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. 12. EXTRACURRICULAR ACTIVITIES. The parties shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. The parties shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parties have custody of the children, they will make certain that the children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children is able to participate in those events. In the event that the custodial party is unable to deliver the children to the particular activity, the party who has custody of the children at that time shall notify the non-custodial party, who shall be entitled to pick up and deliver the children to the designated activity. The custodial party shall make certain that the children are ready for pickup in time sufficient to enable the child to timely attend the activity. 13. TELEPHONE CALLS. All parties are urged to use common sense in scheduling telephone calls to talk to the child. All parties are hereby directed to refrain from preventing the party who may be calling from talking to the child, or preventing the child from calling the other party, provided that the phone calls are not excessively frequent nor too long in duration that they disrupt the child's schedule. 14. DISPARAGING REMARKS. All parties and any third party in the presence of the child shall take all measures deemed advisable to foster a feeling of affection between the child and the other party. None of the parties shall do nor shall any party permit any third person to do or say anything which may estrange the child from any party, their spouse or 5 relatives, or injure the child's opinion of the other party or which may hamper the free and natural development of the child's love and respect for all of the parties. The parties shall not use the child to send verbal messages to the other parties about the custody situation or changes in the custody schedule. 15. MUTUAL CONSULTATION. The Parties shall confer with the other on all matters of importance relating to the childrens' health, maintenance, and education with a view towards obtaining and following a harmonious policy in the childrens' education and social adjustments. Each party is directed to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and the custody situation. Each party shall supply the name, address and phone numbers of any persons in whose care the children will be for a period in excess of seventy two hours, and for each person or entity which may provide day care for the child, excluding current day care providers, relatives, or public school institutions. 16. ILLNESS OF CHILD. Emergency decisions regarding the children shall be made by the party then having custody. However, in the event of any emergency or serious illness of any child at any time, any party then having custody of the child shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other party can become involved in the decision making process as soon as practical. The term "serious illness" as used herein shall mean any disability which confines a child to bed in for a period in excess of seventy-two (72) hours and which places the child under the direction of a licensed physician. 17. WELFARE OF CHILD TO BE CONSIDERED. The welfare and convenience of the child shall be the prime consideration of the parties in any application of the provisions of this Agreement. The parties are directed to listen carefully and consider the wishes of the child in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 18. MODIFICATION OF AGREEMENT. The parties are free to modify the terms of this Agreement if the parties are in complete agreement to any new terms. That means the parties must consent on what the new terms of the custody arrangement or schedule shall be. 19. ORDER OF COURT. This Agreement may be made a part of the Order of Court. 6 20. INCOME TAX. The parties have previously agreed to file joint federal and state tax returns. Both parties agree that in the event of any deficiency in federal, state or local income tax is proposed or any assessment of any such taxes made against either of them, each will indemnify and hold harmless the other fund and against any loss or liability for any such tax deficiency or assessment or any interest, penalty and expense incurred in connection therewith. Such tax, interest, penalty or expense shall be paid solely and entirely by the individual who is finally determined to be cause of the misrepresentations or failure to disclose the nature and extent of his or her separate income on the foresaid joint return. It is specifically and mutually understood and agreed and recognized by an between the parties hereto that since the parties shall divide the U.S. individual income tax exemption and any other federal, state or local income or other tax exemptions for the parties minor children. Husband shall claim the exemption for Maya and Wife shall claim the exemption for Jack. Neither party shall interfere in any way or take any step or do any act that would interfere with the other parties securing the benefit of such tax exemption. 21. ALIMONY/SPOUSAL SUPPORT. Both parties agree to make no claim for alimony, alimony pendente lite, spousal support or any claim for separate maintenance now or at any future time, or in connection with any divorce action to be filed between the parties. 22. CHILD SUPPORT. The parties agree that they are currently employed and that they both have approximately the same earning capacity. The parties agree that they will share on 50/50 basis the cost of the children's daycare, activities and clothes. 23. FINANCIAL DISCLOSURE. The parties have disclosed to each other and they are aware of the extent of each other's income, assets, liabilities, holdings and estates. Husband and Wife confirm that by executing this Agreement each forever waives any future right to set aside said Agreement, or to defend against its enforcement or any portion thereof based upon the absence of such a disclosure by the other party, or based upon any claim that it is inequitable, unconscionable or doe not make a reasonable provision for one or the other of them. 24. BREACH. If either party breaches any provisions of this Agreement, the other party shall have the right, at hi or her election, to sue for damages, including attorney fees, for such breach, or seek such remedies or relief as may be available to him or her respectively. 25. VOLUNTARY EXECUTION. The provisions of this Agreement have been read by the Parties. Each party acknowledges that the Agreement is 7 fair and equitable, that full disclosure has been made by each respective part to the other, that it is being entered into voluntarily, and that it is not the result of any duress or undue influence. Wife and Husband acknowledge that they have been furnished with all information relating to the financial affairs of the other, which has been requested by the respectively. 26. WAIVER OF CLAIMS AGAINST ESTATE. Except as herein otherwise provided, each party may dispose of his or her property in any way, and each party hereby waives and relinquishes any and all rights he or she may now or hereafter acquire, under the present or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the martial relationship, including, without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take property against the Will of the other, and the right to act as administrator or executor of the other's estate, and each will, at the request of the other, execute, acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect this mutual waiver and relinquishment of all such interest, rights and claims. 27. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertaking other than those expressly set forth herein. Wife acknowledges that she has the right to obtain counsel. Wife represents that she has either had this Agreement reviewed by independent counsel or waives the right to do so. Wife acknowledges that James G. Nealon, III, Esquire, is acting solely as the attorney for husband and that she has received no legal advice from James G. Nealon, III, Esquire. 28. MODIFICATIONS AND WAIVER. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of any of the provisions of this Agreement shall not be construed as a waiver or any subsequent default of the same or similar nature. 29. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligation of the parties. 30. IRREVOCABILITY. It is understood and agreed to by and between the respective parties hereto that the property division-distribution effected by the herein Agreement is IRREVOCABLE and that such division- 8 distribution shall not be affected by any future change in circumstances of the respective parties OR by other statutory or judicial alternatives which may be available to the respective parties under prior, current or future laws of the Commonwealth of Pennsylvania or any other jurisdiction. Except as provided herein, the parties hereby waive any respective rights to financial support and/or alimony and/or pension or future expectancies each may respectively have under prior, current or future laws or case decisions. 31. WAIVER OF RIGHTS UNDER THE PENNSYLVANIA DIVORCE CODE. The parties hereto acknowledge and understand that the Divorce Code of Pennsylvania, as amended, secures certain rights, benefits and obligations to domestic litigants by resort to a Court of Law in Pennsylvania, such rights, benefits and obligations, including but not limited to alimony, alimony pendente lite, equitable distribution of marital property, injunctive relief, maintenance of insurance policies, right to live in the family home, and payment of counsel fees, costs and expenses. The parties have been advised and acknowledge that each understands that the Divorce Code of Pennsylvania, 23 Pa.C.S.A. § 3101, et. seq., as amended, specifically exempts from the definition of marital property that property excluded by valid agreement of the parties, and the parties hereto intend that this Agreement be such a "valid agreement" to exclude such property, and that the statutory law shall therefore govern. The parties hereto further acknowledge that upon execution and acceptance of the within Agreement, they are irrevocably waiving all of the rights, benefits and obligations provided in the Divorce Code of Pennsylvania, the Civil Procedural Support Law of Pennsylvania or other applicable law. The parties acknowledge and agree that they are each intentionally, voluntarily and with full knowledge executing the within Agreement and that they are thereby waiving the rights secured by the laws of Pennsylvania. Should either party file for Divorce, the other party agrees that at the expiration of the 90 day waiting period after service, to execute and Affidavit of Consent and a Waiver of Notice of Intention to Enter Judgment of Divorce IN WITNESS WHEREOF, and with the intent to be legally bound hereby, the parties hereby have set their hands and seals to this Post Nuptial Agreement the day and year first above written. 9 WITI 10 69i& ot( MICHELLE C. FORTE ? ? ? C-. ? ; ? ?~? ?? f d?' F ;. ? ?? '.' ? i... ? _ ?a J? ...-.. ?`? MICHAEL J. FORTE, PLAINTIFF V. MICHELLE C. FORTE, DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-969 Civil Term DIVORCE ACTION PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of divorce decree: 1. Ground for divorce: irretrievable breakdown under §3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Acceptance of Service by Joanne Harrison Clough, Attorney for Defendant, on March 7, 2007. See Acceptance of Service filed with the Court on April 2, 2007. 3. Date of execution of the Affidavit of Consent required by § 3301(c) of the Divorce Code: by Plaintiff: June 19, 2007; by Defendant: July 12, 2007. 4. Related claims pending: All claims resolved by Post Nuptial Agreement dated December 22, 2006. 5. Date Plaintiffs Waiver of Notice was filed with the Prothonotary: June 27, 2007. Date defendant's Waiver of Notice was filed with the Prothonotary: July 18, 2007. Respectfully s NEALON GO' By: James G. Nealon, III, Esquire Attorney for the Plaintiff Attorney I.D. #46457 101 South Duke Street York, PA 17403 (717) 852-7888 ?? C ,) ? ? --,? ? _,, f_j_? ` k ? ?? ""Ti a. ,. V Amy _ ' L ' a _ ,, t',:7 Yt+ W IN THE COURT OF COMMON FLEAS OF CUMBERLAND COUNTY STATE OF PENNA. MICHAEL J. FORTE No 07-969 No. VERSUS MICHELLE C. FORTE DECREE IN DIVORCE AND NOW, r 2007 IT IS ORDERED AND DECREED THAT_ MICHAEL I FORT , PLAINTIFF, AND MICHELLE C. FORTE ARE DIVORCED FROM THE BONDS OF MATRIMONY. ,DEFENDANT, 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; It is further ordered and decreed, pursuant to Pennsylvania Divorce Code, Section 23 Pa. C.S.A. § 3101 et. Se 1. And Pa.R.C.P. 1920.1 et Seg that the terms arhd conditions of a certain Agreement made between the parties dated December 22, 2006'attached hereto and made a part hereof, and in accordance with said Agreement, shall be incorporated into the Decree of BY THE C URT: ATT J. ROTHONOTARY ?°? ? ? ? ? ??r CO S/ 3 WHEREAS, each of the parties have had the full opportunity to seek the advice of counsel in regard to his or her respective rights, duties and obligations arising out of the parental status, NOW, THEREFORE, in consideration of the mutual covenants, promises and undertakings herein, as hereto set forth, Mother and Father, each intending to be legally bound hereby, agree as follows: 1. SHARED LEGAL CUSTODY: The parties shall share joint legal custody of the children. Joint legal custody means the rights of both parents to control and to share in making decisions of importance in the lives of their children, including educational, medical and religious decisions. Both parents shall be entitled to equal access to the children's school. medical. dental and other important records. As soon as practicable, after receipt by a party. copies of the children's school schedule. special events notifications, report cards and similar items, shall be provided to the other party. Each party shall notify the other party of any medical, dental, optical and other appointments with healthcare providers sufficiently in advance thereof, so the other party can attend. Notwithstanding that both parents share legal custody, non -major decisions regarding the children's day to day living shall be made by the parent then having custody, consistent with other provisions of this stipulation. 2. PHYSICAL CUSTODY: A. Physical custody of the minor children shall be shared by Mother and Father. The schedule of shared physical custody shall be alternating weeks, with each period of custodial care commencing on Monday at approximately 3:00 PM (after school during school year and after work/camp in the summer). B. The alternating week schedule shall not change during the summer months except as follows: i. Each parent shall be allowed one (1) three (3) week period of uninterrupted custody of the children during the summer school break. ii. Mother's three (3) week uninterrupted period of custodial care in the summer school break shall always include the 4th of July week, and the weekend preceding the 4th of July week. iii. Each party shall provide to the other, in writing, the starting date and ending date of their uninterrupted period of custodial care during the summer school break, on or before April 30th of each calendar year. 3. HOLIDAYS: A. The parties will alternate the custodial care of the children on Memorial Day and Labor Day. Mother shall have custody of the children on Memorial Day 2014, and Father shall have custody of the children 011 Labor Day 2014, and the parties shall alternate said holidays in the years thereafter. Custody on these holidays shall be exercised from 9:00 AM to 8:00 PM. In the event that a parent who would otherwise have custody during the weekend which immediately precedes one of the alternating holidays is scheduled to exercise custodial care on that holiday, then that parent need not relinquish custody until the conclusion of the entire holiday weekend. B. Father will always have custody during the Thanksgiving holiday. In order to allow Father to travel over the Thanksgiving holiday, he may exercise custody from Tuesday before Thanksgiving until Sunday after Thanksgiving. C. Mother will always have custody of the children on Christmas eve and Christmas morning. Father will get custody of the children on Christmas day in the afternoon until December 261. D. Mother shall always have custodial care of the children on Mother's Day, and Father shall always have custodial care of the children on Father's Day. Unless otherwise agreed by the parties, these days shall be defined as beginning at 9:00 AM and ending at 8:00 PM. 4. HOLIDAYS A PRIORITY: The periods of custodial care for holidays, vacations or other special dates set forth in this Order shall be in addition to, and shall take precedence over, but shall not alter the schedule or sequence of regular periods of partial custody for that parent set forth previously in this Order. Holidays and other special days for custody set forth in this Order shall take precedence over vacations. 5. ILLNESS OF CHILDREN: Emergency decisions regarding the children shall be made by the parent then having custody. However, in the event of any emergency or serious illness of the children at any time, any party then having custody of the children shall immediately communicate with the other party by telephone or any other means practical, informing the other party of the nature of the illness or emergency, so the other parent can become involved in the decision making process as soon as practical. "Serious illness" of the children shall be defined as "Any disability which confines the children to bed for a period in excess of seventy-two (72) hours and which places the children under the direction of a licensed physician." 6. MUTUAL CONSULTATION: Each party shall confer with the other on all matters of importance relating to the children's health, maintenance, and education with a view towards obtaining and following a harmonious policy in the children's education and social adjustments. Each party agrees to keep the other informed of his or her residence and telephone number to facilitate communication concerning the welfare of the children and visitation. Each party agrees to supply the name, address and phone numbers of any persons in whose care the children will be for a period in excess of seventy-two (72) hours, and for each person or entity which may provide day care for the children. 7. RELOCATION: No party shall relocate the children if such relocation will significantly impair the ability of a non -relocating party to exercise his or her custodial rights unless (a) every person who has custodial rights to the children consents to the proposed relocation or (b) the court approves the proposed relocation. The party seeking relocation must follow the procedures required by 23 Pa.C.S. §5337 as set forth in Exhibit A attached to this order. 8. TELEPHONE/EMAIL ACCESS: All parties are urged to use common sense in scheduling telephone calls to talk to the children, and utilizing email to communicate with the children. The parties are hereby directed to refrain from preventing the party who may be calling from talking to the children, or preventing the children from calling the other party, provided that the telephone calls are not excessively frequent, nor too long in duration that they disrupt the children's schedule. 9. DISPARAGING REMARKS: Each of the parties and any third party in the presence of the children shall take all measures deemed advisable to foster a feeling of affection between the children and the other party. Neither party shall do nor shall either parent permit any third person to do or say anything which may estrange the children from the other parent, their spouse or relatives, or injure the children's opinion of the other party or which may hamper the free and natural development of the children's love and respect for the other parent. The parties shall not use the children to convey verbal messages to the other parent about the custody situation or changes in the custody schedule. 10. REASONABLE NOTICE OF TRAVEL: Each party shall promptly notify the other of any travel plans, travel arrangements, and any delays which might affect the custodial arrangements. Each party shall provide the other party notice reasonably in advance of any scheduled extended trip with an itinerary including names of hotels or residence addresses and telephone numbers for the applicable periods of time. 11. EXTRACURRICULAR ACTIVITIES: The parties shall provide the other with at least forty-eight (48) hours advance notice of school or other activities whenever possible. The parties shall agree to honor and participate in the activities that the children wish to engage in. During the times that the parties have custody of the children, they will make certain that the children attend any extracurricular activities. The parties agree that they will be supportive of the activities and will transport the children to and from such activities and the preparations and practice for the activities that are scheduled, in such time so that the children are able to participate in those events. In the event that the custodial party is unable to deliver the children to the particular activity, the party who has custody of the children at that time shall notify the non- custodial party, who shall be entitled to pick up and deliver the children to the designated activity. The custodial party shall make certain that the children are ready for pickup in time sufficient to enable the children to timely attend the activity. 12. WELFARE OF CHILDREN TO BE CONSIDERED: The welfare and convenience of the children shall be the prime consideration of the parties in any application of the provisions of this Agreement. The parties are directed to listen carefully and consider the wishes of the children in addressing the custodial schedule, any changes to the schedule, and any other parenting issues. 13. MODIFICATION OF ORDER: The parties are free to modify the tern's of this Agreement if the parties are in complete agreement to any new terms. That means the parties must consent on what the new terms of the custody arrangement or schedule shall be. 14. The custodial terms contained into the Court Order dated August 9, 2007, are hereby replaced and superseded. 15. The parties agree that this Stipulation may be entered as an Order of the Court. Date: 7(9 Date: Date: 7/19/(4/ Cru, Michelle C. Forte, Mother ( Mindy S. Goo man, Esq., Attorney for Father MICHAEL J. FORTE : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 2007-969 MICHELLE C. FORTE : CIVIL ACTION - LAW Defendant AND NOW, this it day of ORDER , 2014, upon stipulation of the parties, it is hereby ORDERED and DECREED that the teiins, conditions and provisions of the attached Stipulation for custody entered into by the parties, and executed by the parties are adopted as an Order of Court. (4412, ir2. 1444.i J. klo? 7/ll/i5' BY THE COURT: