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Home My WebLink About01-2851 FX . ;Ii '" '" '" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. SHELLY LYNNE DEITCH NESTER; PLAINTIFF No. 01-2851 VERSUS TODD LEE NESTER, . DEFENDANT DECREE IN DIVORCE . . AND NOW,~~ ~ ,~T IS ORDERED AND DECREED THAT ~hA 11 Y Lynne. ncd t,....h 1\loc.d'"'er , PLAINTIFF, AND Tonti T,pp Np~rpr , DEFENDANT, ARE DIVORCED FROM THE aONDS OF MATRIMONY. AND it is further ordered that the terms of the marital settlement agreement, dated May 13, 2002, are hereby incorporated, but not merged, with this Decree. 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; \)<Jl.\S2 OTHONOTARY . . . . ATTEST: . ~rwr" ~ -'em._,_ ..,." ~-I ',~ :'" '; -~ r-- ~ , +-- ,-""'~ 11' _ "'_ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . 'J, ,.".j ~;:;'. .tll~lt'hti.~~""~:.*~~~~MI~~~J( .'~ >> .. '~_~"""""'l".'" '\-' t' , ' ~.1.(J.2~. t'o/j: ~ -7 4 ~ 9,q~o1 '7!~ ~ cj ~ ~ J... '_~~.H .v~_." '..' ~. "- I I I' i. , I i I I' I:~ I' I;: j:j i I I:', I ; ~ [,: I I"~ , i'l i :,i '" ~, , tj I, i! Ii H Ii I' 'I ji II 'I Ii I 11 I I , I ! I d-:J -~ "c.y~.J__. "--~""";\%(I;t\':~-" ~W-",\'f'''i5oL:r,,",~R:,tl:"''''._ _ fi{~",*,,--;;W;'.,_. Iff B................. ' . "", . I !lll\llI = ," CU :;. :as ~~ (I) C., (I) __ CUm -en Oen 1i)3: .: m . . -.. ... -- ;g; 'N ~ . . Q) ",1 ... 'VJ I-'l ^ ^ ... '" Q) <"l ~~o o-;:l. VJ r-- +=i ... ,... 8. ~..c:: >"; 0 p.. .~ a v - 8 :r: Jl o .... ,.ClVJ~ ..c::ooU '7 o 'N p.. . ,..j~ 'VJ I-'l ^ ^ ... '" Q) ~ ;.gQ)~ ~tlo o-;:lVJr-- +=i..._ ~~~ -~ t:i ^ OO~Q) - 8 :r: Jl o . ... ,.ClVJ", -<ooU .. J '"">.,, .~~ SHELLY LYNNE NESTER V8. TODD LEE NESTER DATE: t1/lr / 0'),. (Yn1 - . , --'1",;- , IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Plaintiff CIVIL ACTION - LAW 01 - 2851 NO. CIVIL 19 IN DIVORCE Defendant STATUS SHEET ACTIVITIES: 1-- "," , r SHELLY LYNNE NESTER, plaintiff :IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01 - 2851 CIVIL TODD LEE NESTER, Defendant IN DIVORCE TO: Jason P. Kutulakis Attorney for Plaintiff Hubert X. Gilroy Attorney for Defendant DATE: Wednesday, May 22, 2002 CERTIFICATION I certify that discovery is complete as to the claims for which the Master has been appointed. OR IF DISCOVERY IS NOT COMPLETE: (a) outline what information is required that is not complete in order to prepare the case for trial and indicate whether there are any outstanding interrogatories or discovery motions. 'I~__~' -=p n_! '1- I! . . (b) Provide approximate date when discovery will be complete and indicate what action is being taken to complete discovery. DATE COUNSEL FOR PLAINTIFF COUNSEL FOR DEFENDANT NOTE: PRETRIAL DIRECTIVES WILL NOT BE ISSUED FOR THE FILING OF PRETRIAL STATEMENTS UNTIL COUNSEL HAVE CERTIFIED THAT DISCOVERY IS COMPLETE, OR OTHERWISE AT THE MASTER'S DISCRETION. AFTER RECEIVING THIS DOCUMENT FROM BOTH COUNSEL OR A PARTY TO THE ACTION, IF NOT REPRESENTED BY COUNSEL, INDICATING THAT DISCOVERY IS NOT COMPLETE, THE DIRECTIVE FOR FILING OF PRETRIAL STATEMENTS WILL BE ISSUED AT THE MASTER'S DISCRETION. HOWEVER, IF BOTH COUNSEL, OR A PARTY NOT REPRESENTED, CERTIFY THAT DISCOVERY IS COMPLETE, A DIRECTIVE TO FILE PRETRIAL STATEMENTS WILL BE ISSUED IMMEDIATELY. THE CERTIFICATION DOCUMENT SHOULD BE RETURNED TO THE MASTER'S OFFICE WITHIN TWO (2) WEEKS OF THE DATE SHOWN ON THE DOCUMENT. ::^^' '-', ,-," <', ,,~~", 0_ -'- "_~'~' .'C."" :~---"~-'''', ~-'r-',;',' <', 1-' II T"- '\'foi1~ .~ . . . . "'''' '" '" . . . . . IN THE COURT OF COMMON PLEAS . OF CUMBERLAND COUNTY . STATE OF PENNA. . . Shelly. Lynne Deitch Nester NO. 01-2851 CivilTerm Plaintiff . VERSUS Todd Lee Nester . Defpndant . . . DECREE IN DIVORCE ~ . . . . AND NOW, , IT IS ORDERED AND DECREED THAT 1':hplly Lynnp npit,.,h Np"tpr , PLAINTIFF, . AND Todd Lee Nester , DEFENDANT, . ARE DIVORCED FROM THE BONDS OF MATRIMONY. AND it is further ordered that the terms of the marital settlement agreement, dated May 13.2002, are hereby incorporated, but not merged, with this Decree. THE C;:OURT 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; . . . BY THE COURT: . . ATTEST: . PROTHONOTARY . . :t: '" ",,,,,,,'Ii . . .. . . -,~ -'" ". - .' . " _', '~ . - ., '-, - - - ., , ". , _,-", .~, .r-, _,'-' __ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ~"\'"L"" . . . . . . .. . . .. . . . .. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY . . PENNA. STATE OF . . Shelly Lynne Deitch Nester . No. 01-2851 Civil Term . . . Pl~inriff . VERSUS Todd Lee Nester Defendant . . DECREE IN DIVORCE . . AND NOW, , IT IS ORDERED AND . DECREED THAT ~1", 11 Y Lynn" ne; tC'h l\le..ter , PLAINTIFF, . . Todd Lee Nester , DEFENDANT, AND . . ARE DIVORCED FROM THE BONDS OF MATRIMONY. AND it is further ordered that the terms of the marital settlement agreement, dated May 13, 2002, are hereby incorporated, but not merged, with this Decree. 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; . . . . . . BY THE COURT: . . . ATTEST: J. . PROTHONOTARY . . . . . . . .. . . . :f.'" "':f. ""-""!'"-"'i',',,""'-'--'~~_"-'~'_ ~"!,"""" ",~ _"._'I!"""~Y_ , ,- "" '"'... . . . . , . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . . . . .. . . , . . , . . . . , , . . . . . , . . . . . . . , SHELLY LYNNE DEITCH NESTER: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. CI-J,PS'1 CIVIL TERM TODD LEE NESTER Defendant CIVIL ACTION-LAW NOTICE TO DEFEND AND CLAIMS 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, One Courthouse Square, Carlisle, P A. 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 AN OF THEM. YOU SHOUID 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 Lawyer Referral Service 2 Liberty Street Carlisle, Pennsylvania 17013 (717) 249-3166 "''ijf>-'J\11~ ., _":_,~__,"'_' ., 1-1-', - 1 vs. IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA NO. tJl- ~ ~Sl CIVIL TERM SHEllY LYNNE DEITCH NESTER: Plaintiff TODD LEE NESTER Defendant CIVIL ACTION-LAW NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN NAMED DEFENDANT You have been named as a Defendant in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with ~3302 (c) or (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court A list of professional marriage counselors is available at the Cumberland County Courthouse, Cumberland County, Pennsylvania. You're advised that this list is kept as a convenience to you and you're not bound to choose a counselor from the list All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty (20) days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. ,'1>'JI'l!1J. """ --,'-. -'" " -~~">.-~~ ,- "",-.' "I', . f _'1 if" , SHELLY LYNNE DEITCH NESTER: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNA vs. NO. () J - :J. g 5"/ CNIL TERM TODD LEE NESTER Defendant CIVIL ACTION-LAW DIVORCE COMPLAINT 1. Plaintiff is Shelly Lynne Deitch Nester who currently resides at 208 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013, since 1997. 2. Defendant is Todd Lee Nester, who currently resides at 208 Faith Circle, Carlisle, Cumberland County, Pennsylvania 17013, since 1997. 3. Shelly Lynne Deitch Nester has been a bona fide resident in the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on September 20, 1997, at Carlisle, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. '!'>'1\"'lW'~ "c''. ;'"~__:_" I". T-",-" . I '-1 ""'~ v,. 7. Plaintiff has been advised that counseling is available and that Plaintiff may have the right to request the court to require the parties to participate in counseling. Date: - \"'Wr"~ ""''7~ " Co", ,~, ,'_~~_ 8. Plaintiff requests the court to enter a decree of divorce. Respectfully submirted, ABOM & KUTULAKIS c:; /€p/o; I I Jo . Abom, Esquire ttomey I.D. No. 77961 Suite 204 8 South Hanover Stteet Carlisle, P A 17013 (717) 249-0900 Attornry for Plaintiff I"""""'" t',"_ . . ~. VERIFICATION I, Shelly Lynne Deitch Nester, hereby verify that the facts set forth in the foregoing Divorce Complaint are true and correct to the best of my knowledge, information and belief I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. ~4904, relating to unsworn falsification to authorities, Date: April 30, 2001 /Shelly -':-~l!i, ,,,,,,,,,,, "'!"",- " '~,-~~- .'.' 1-",--, - ~<--"" . - <, SHELLY LYNNE DEITCH NESTER: Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. CIVIL 1ERM TODD LEE NES1ER Defendant CIVIL ACTION-LAW CERTIFICATE OF SERVICE It'fL< . AND NOW, this? day of May, 2001, I, John A. Abom, Esquire, hereby certify that I did serve a true and correct copy of the foregoing Divorce Complaint the Defendant by personally hand delivering said copy to Defendant's counsel, Hubert X. Gilroy, Esquire at the Law Offices of Broujos & Gilroy, P.e., 4 N. Hanover Street, Carlisle, PA 17013. ~! l. Date:~ J 0 . Abom, Esquire Attorney I.D. No. 77961 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attornry for Plaintiff "~~, ~, '.", '" - c"'~'I"i1', ''- , _ '_ d "I " =, . ... v :IN THE COURT OF COMMON PLEAS OF :CUMBERLAND COUNTY, PENNSYLVANIA : NO. 01 - 2851 CIVIL SHELLY LYNNE DEITCH NESTER, Plaintiff TODD LEE NESTER, Defendant : IN DIVORCE ACCEPTANCE OF SERVICE Please enter the appearance of Hubert X. Gilroy, Esquire and the firm of Broujos &. Gilroy, P.c. as attorney for Defendant Todd Lee Nester in the above matter. Also, please note acceptance of service of the Divorce Complaint on behalf of the Defendant on May 11, 2001. J'lvf Dl DA l'E {)J Hubert X. Gilroy, Eire Attorney for Defen ant Broujos &. Gilroy .c. 4 North Hanov r Street Carlisle, PA 17013 (171) 243-4574 ~'1- ~~ ~, -. -_",.,-,._~ . ~~ =-,""'~_!~ , "'. 0_ . . . ~~ ,~.".-,." .. 'lt~ ~ ._.~ .~,,-~.- ~. -><- " ~".",. ":~.~"""",,,,":, 'I'-^",-~'",,'''-~' o S < -'(",r~ pi r~'. ~7'-' 2e' I~({~) ):,.,: ,';-~ "--i' ... ~ s;~3 Z --I -0( co :l: :,t.::r'" ~""" ~'-""''''l!iltil'iT -~ ~.? \'f!1ijlf~I!;I!W'm~~=~'l\l::'fj~'l!.'li;l1"Il";~~~~m~'""';"'f"'1<;!;"'''''i'';''~'-'-'i'",".,-,,-,,,",,. :-",:,"i";""-,-,"'- ""~'''':1",ji:ii''~';_')';V'''"l'':~",,".,;q;?;j''>';f'';~'''''~'''T",liIl'~'~~'~~~~' .. . , SHELLY LYNNE DEITCH NESTER IN THE COURT OF COMMON: PLEAS Plaintiff CUMBERLAND COUNTY, PA vs. No. 01-2851 TODD LEE NESTER Defendant CIVIL ACTION-LAW PLAINTIFF'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301 (c) OF THE DIVORCE CODE 1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on May 1, 2001. 2. The marriage of plaintiff and defendant is irretrievably broken and ninety days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce. 4. 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. 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 ~fi,~ / V_~I SHELLY LYNNE DEITCH NESTER, Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA v : 01-2851 CIVIL TERM TODD LEE NESTER, Defendant : IN DIVORCE DEFENDANT'S AFFIDAVIT OF CONSENT AND WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE 1. A Complaint in divorce under Section 3301(C) of the Divorce Code was filed on May 1,2001. 2. Defendant acknowledges receipt and accepts service of the Complaint on or about May 11,2001. 3. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety days have elapsed from the date of the filing of the Complaint. 4. I consent to the entry of a final decree of divorce without notice. 5. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if! do not claim them before a divorce is granted. 6. 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. 7. I have been advised of the availability of marriage counseling and understand that I may request that the Court require counseling. I do not request that the Court require counseling. I verify that the statements made in this affidavit are trne 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. 1-1/-vt'"' n{ ";) <W:) Date: ~L. ~ Todd L. Nester, Defendant ].kil:.\__ ',- :""w~~~"".rH"","-_ ,7'~ ._"""_",~,;",,,,_-, _ 'C''', ,I" 'f~__',',"_'"I'-._'~~__",,__~u- ,- - "I, '-'I Y<C",' " ~- . " ~-. I; W~_ - '" .--" "_",,.-a-~=__~~ ',,= "~U"""'''''- - - I ~2 - <":." -n-,",U,~>%'&b"'_~-'~~ '-""-""C;;"-"JitT:'if~':~I"""'r ''''''"e_'m(1~''='''-r~-wrTr_"'~''-'ifi.:tbil;''''-'"(-'<'" 0 C") Q C f'-) ; 1 $: ,- , -0 !.:J.f C rn I', ,. " -n Z =r: j~':: .:;::.: ~~:~ ,'J "i (f) 1.-,"; -< ..r':'. C) r:.: !:-.~' v ":'-. , ::........ -'> (~. ;') -Y-', C-, {-'- rr'i )::.. C -:,.) '..J Z '-1 ::< :.n )::.- =< "'""T""' !Iit_")'!Nllij~~I!m'!ltB;~m~;~;Y;SR'~!l!l!'<~~:ifi~1'!%illti1l~l1~~,_ ,,:,:,;_~ji~ SOCIAL SECURITY INFORMATION SHEET PURSUANT TO 23 Pa.C.S.A. ~4304.1(a)(3) ALL DIVORCES MUST INCLUDE THE PARTIES SOCIAL SECURITY NUMBERS PLEASE FILL IN THE APPROPRIATE INFORMATION AND RETURN TO THE PROTHONOTARY'S OFFICE DATE: 7/1/02 DOCKET NUMBER: 01-2851 PLAINTIFF /PETITIONER SS # 171-62-8820 NAME: Shelly Lynne Nester DEFENDANT/RESPONDENTSS # 152-62-1196 NAME: Todd Lee Nester /)~:!l_=~~~ ,_, _ - -, -, "~ " _~, I','" ,-, - . r 1, -, ',- ^,,_ "_T~ . :" -- .. . SHELLY LYNNE NESTER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-2851 CIVIL TERM TODD LEE NESTER Defendant CIVIL ACTION-LAW ORDER TO VACATE APPOINTMENT OF MASTER ~ AND NOW, this I" day of August, 2002, upon consideration of the within Motion of Jason P. Kutulakis, Esquire, Attorney for the Plaintiff, IT IS HEREBY ORDERED THAT the Order appointing a Divorce Master, is hereby VACATED. BY THE COURT: Dist: Herbert Gilroy, Esquire Jason P. Kutulakis, Esquire J. - ~ li'-II..().L- ~ ~ ..< '" I' -j- I r - ~~ ~ ""-- "'''' Iii <.....", ''';." ~-' ", " ,'-,,'~"^", ,'"' ; !~" 1~"...,.,.,.~,..,~~ "_""''',~, JJ., J!l -, do ~. ".--~ ""'~"'<~"'Mt--",,, '''~'-- \;IiiV\!I\l^S~IN=1rl "f I~"r --. l\j ,,! n I ) n~', :.-,--;' i~"~~'~"n" . i",.\, ,-,,", "":--''-:f'V. I,) Sc; :;,' AUVl.U; :,:~_, "f SI ii{ ,'~! ] Ii ';;''',- NF ;'1' "lr~"'jjt~~~:tI~"j_Mijt]tf~~'t2L""f T~~ft~;',,~l':li+"'('fi:"'ji~( , ,JililJ!tl:~,~~~lilm1f""'t',;,WoTI:-'r''''-!l\~1f''Jmi'''~r,_= . =~"-~_. 'Y'o "I~, t _, j"_.",~",,,~~,~,-;- , J...,,~ ... SHELLY LYNNE NESTER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-2851 CIVIL TERM TODD LEE NESTER Defendant CIVIL ACTION-LAW MOTION TO VACATE ORDER APPOINTING MASTER 1, The above-captioned parties have reached an amicable resolution to this matter and have fully executed a Marital Settlement Agreement. 2. A divorce master is no longer necessary. WHEREFORE, it is respectfully requested that the Order Appointing a Divorce Master be VACATED. Respectfully Submitted, ABOM & KUTULAKIS, L.L.P. . f}; rtJ[ -' Ja on P. Kutulakis, Esquire A orney I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attornry for Plaintiff "-_1Il =, - -, - "~!, 1'- , ' -. - , . '-"I' ~~ ~"""" -' . . , CERTIFICATE OF SERVICE AND NOW, this 13th day of August, 2002, I, Jason P. Kutulakis, Esquire, by and through ABOM & KUTULAI<IS, L.L.P., hereby certify that I did serve a true and correct copy of the foregoing Motion to Vacate Appointment of Divorce Master upon the below listed counsel of record and/ or parties by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Herbert Gilroy, Esquire Law Offices of Broujos & Gilroy, P.e. 4 N. Hanover Street Carlisle, PA 17103 Date: August 13, 2002 ABOM & KUTULAKIS, L.L.P. Jas P. Kutulakis, Esquire Attorney J.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attornry for Plaintiff :-"""~""'" , '. ,- ",I'J'~_'_'''"''_I_ ,- ., I '1"" .,-" -T~ ,__,,_ , ' ,. 'f" '" -, - ",,, . '" ~ ~ <" "" .J,,,..,,. ,". ''''''~r - ~, ,.~ > .~"." ~''''' '" . '- .u. ";?'; . ,~-, ':O-"';~" ~",--~gt\lr6":mr1il~I\Il1fj'j" :'1TjlIMt^J.',-c~~',-':.'-fi'f.fiAiifSrYl[f;' () c: :?' -V\::Ii fTlr'n L~,L' ZC. cnL ~t~ .~~~: .....:.- -i -< c) f'-.,,) ",. C..: ~f) -C) ,] (.,.::-. ?J ",rn 'lCJ -~~(:) ."-i-' ':~~'S Of"n >' ~ ...;=- '/0' :J <-.1. ",.,~",~~~Ill!!f"f\'l';~"~""~tO",,,l'I!"("~'iWi!!Jt~i~.[lU,.~~~~_iM__~mr~, ,~R~" SHELLY LYNNE NESTER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNA vs. NO. 01-2851 CIVIL TERM TODD LEE NESTER Defendant CIVIL ACTION-LAW ORDER FOR APPOINTMENT OF MASTER AND NOW; this /7 1'"'-day of ~002, upon consideration of the within Motion of Jason P. KutUlakis, Esquire, Attorney for the Plaintiff, IT IS HEREBY ORDERED THAT E. Robert Elicker, II, Esquire, is appointed Master with respect to the following claims: [X] Divorce [X] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] . Alimony Pendent Lite [] Costs and Expenses BY THE COURT: t~9 6'\'1' 41~J ':~ ,- - "..~~~-- - ,. ". 1-,,'--, " _",' I r ,,,,,, - ill 'It ,~" ,,"~1lJl_1" _ t ;, I . . \' "'- n. ' t \ ~ t '.J.\' i'\ I ,." , I ' . .', r, ~ ~ "'" t . ! "-~,,,"~"'W~,~^, -=~,~~~~~. ,. "~ _, '<' " "_v",~,,,',. ~.,;,..' ',","^-,'_ , ,f'" ';,\ \'\, -~\ , ) \~ VINVI\lASNN3d }J"Nn()~ Cil.\r-};P8~~nC) L :11 ~!\I L I A\lrl 20 ^nV1C;:-~':)1'-ll:...~;:.L': ,L ~o ::\~)iJ:.ii)4~El'!H ,.,,, -,~ ,n','" '?-'~ii'Il1Jr'"''~''' '"~lil~rn'4~~w[t,>, /' -"1'''' ;,~~~~k"'li"'_''Vc)'''-.';-''';<''''>";:m'''-'''''',:-;~;''''_,,,,~ ''''-'~I';;''''''~-;;*,~,g';';,/,1\!!l~i!t~~~~1''l~~~~!ii1_~~~,n{~\l'JJ!!_w,9~'$' SHELLY LYNNE NESTER Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLANDCOUNTY,PENNA vs. NO. 01-2851 CIVIL TERM TODD LEE NESTER Defendant CIVIL ACTION-LAW MOTION FOR APPOINTMENT OF MASTER Shelly Lynne Nester, Plaintiff, moves the Court to appoint a Masterwith respect to the following claims: [X] Divorce [X] Distribution of Property [ ] Annulment [ ] Support [ ] Alimony [ ] Counsel Fees [ ] Alimony Pendent Lite [ ] Costs and Expenses The support of the Motion the Plaintiff states: 1. Discovery is complete with respect to the claims for which the appointment of the Master is requested. 2. The Defendant has appeared in the action by his attorney, Hubert X. Gilroy, Esquire. 3. The statutory ground for the divorce is: Irretrievable breakdown, no- fault divorce. 4. The action is contested with respect to the following claims: All claims 5. The hearing is expected to take one day. '-Wjif'r ,. " . ._~. ,.r-,,; .- r'~_.' -~_,_ " , " r 6. Additional information, if any, relevant to the motions: None. Respectfully Submitted, ABOM & KUTULAKIS, L.L.P. ] on P. Kutulakis, Esquire orney 1.0. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 . Attorn~ for Plaintijf ,,~~ - 'r ~ ~ T r ,- - ~ ~~~- .- . . CERTIFICATE OF SERVICE AND NOW, this 3&F-:> day of 11~ 2002, I,Jason P. Kutulakis, Esquire, by and through ABOM & KUTULAKIS, . .P., hereby certify that I did serve a true and correct copy of the foregoing Motion For Appointment of Master upon the below listed counsel of record and/or parties by depositing, or causing to be deposited, same in the United States Mail, First-class mail, postage prepaid addressed to the following: Herbert Gilroy, Esquire Burgess & Gilroy 4 N. Hanover Street Carlisle, PA 17103 Date: 5-1(,-"~ ~-,.,...",,,,,,,,,,,,, <~- ~-,~~ ""'.,,-~" =...... ~ 1"-.-' ,~ ~ ., ABOM & KUTULAKIS, L.L.P. Jas n P. Kutulakis, Esquire Att mey I.D. No. 80411 Suite 204 8 South Hanover Street Carlisle, P A 17013 (717) 249-0900 Attornry for Plaintiff - ~ ;,,~ - ~,' ~ .-~ ~, '" - .,.'~* '. "-j -,., 'c,,", '..c~- -,,,,' 0';."."''''-'' '\"""y~.~",,,-Pt"~lj~j~r.T_" 1fm"~t\n.bt"'41jf'rLt~ il~:<(;' o C :<-.-- ~!~;~ _if --:;- ID 2: ~ ~. ~. () "'1'"1 o~0 :1!: '-"" '-' '. -,~- -,-:;;:3 " . :--i<:.' -~ :;:, 3'~~ :::.;::! :0 -<; ....J ;'::'", ~..fL,. -;3 (~ "r"~"" 1_ lmlll~~~ T'Iw.r'!$'IWl'~i!f!l!t~~'l\!l!~~~'I*"W,,-\,;Fcq,,,.;~-:r"'~~l""' -'~':-~""'''';:''M'';;\''!-'''\;;!;_'''t$~'i'~Ch~l\i'!~Jf';,**"{A"",~(I1f1~R~ " ._,O"?'J" ~~ - "-. SHELLY LYNNE DEITCH NESTER, Plaintiff : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA vs. : NO: 01-2851 TODD LEE NESTER, Defendant : CIVIL ACTION-LAW PRAECIPE TO TRANSMIT THE 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)) (3301(d)(I)) of the Divorce Code 2. Date and manner of service of the complaint: Hand delivered to Defendant's Counsel. Hubert X. Gilrov. Esquire. 5/11/01. 3. (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 7/1/02 by defendant 5/13/02 4. Related claims pending: NONE 5. Complete either paragraph (a) or (b): (b) Date plaintiff's Waiver of Notice in g3301(c) Divorce was filed with the Prothonotary: 7/1/02 Date Defendant's Waiver of Notice in ~3301(c) Divorce was filed with the Prothonotary: 7/1/02 Respectfully submitted, Date: AUl2ust 20. 2002 Jaso P. Kutulakis, squire Attor y I.D. No: 80411 Suite 204 8 South Hanover Street Carlisle, PA 17013 (717)249.0900 Attorney for Plaintiff "'\ll"" ." ," ~,~ , - .~ ". -- ill E5 JCf "' "". <1'- , ..,.,,,-JJ~ ~o~, ,. ,~,-,. '~-', ":'" "-"'Y-'"<~'f'"'i-~ 'J"': )'f"~::{~ r~~~;WI-~1~iP"r"'f~'rr'T:"_~irf'J'M?';{1'i;i;;';*;:~"f~ o ~~~ ~,~ ;::~~: ~::; - ..:::~ s::: ~... r~~ ~;~ ':~) -n "n r....,) (::-1 ~'-;:) ~'~ rn _.+,1 ~,.) ;_lm!!lffl'J~11'!i.""'~~'lR'i'~~'iiii'1l'''F~'fJf~W'~:;'~~'1l:~"".,~]~__._'iI!IIiIiIH\{' - -- .-......-..~~-..~ , " MARITAL SE'IlLEMENT AGREEMENT .,J, ......,At THIS AGREEMENT, made this 11 day of-feuluuIY, 2002 between Shelly Nester, (hereinafter referred to as "WIFE"), and Todd Nester (hereinafter referred to as "HUSBAND"). WITNESSETH: WHEREAS, Husband and Wife were lawfully married on September 20,1997, in Carlisle, Cumberland County, Pennsylvania: and WHEREAS, one (1) child was born of this marriage: Collin Jacob Nester, born January 14, 2000. WHEREAS, disputes and difficulties have arisen between the parties, and it is the present intention of Husband and Wife to live separate and apart, and the parties hereto are desirous offsetting their respective financial and property rights and obligations as between each other, including without limitation by specification: the settling of all matters between them relating to the past present and future support and/or maintenance of Wife by Husband or Husband by Wife; the settling of all matters between them relating to the equitable division of martial property; and, in general, the settling of any and all claims and possible claims by one against the other or against their respective estates: and WHEREAS, husband al1d Wife declare that each has had a full and fair opportunity to obtain independent legal advice of counsel of his or her selection: that Wife had been represented by Jason P. Kutulakis, Esquire, of ABOM & KUTULAKIS, L.L.P. and that Husband has been represented by Hubert Gilroy, Esquire, of Broujos & Gilroy, in this action. The parties represent and warrant that they have fully disclosed to each other all assets of any nature owned by each, all debts or obligations for which the other party may be liable in whole or part, and all sources and amounts of income. The parties acknowledge that they fully undersfand the facts, and they acknowledge and accept that this Agreement is, under the circumstances, fair and equitable, and that it is being entered into freely and voluntarily, with such knowledge and that execution of this Agreement is not the result of any duress or undue influence and that it is not the result of any improper or illegal agreement or agreements. NOW THEREFORE, in consideration of the premises and of the TM ;"1W - ,. "I-rr-,- ., ^ I 'I T "" ,~j j {; t :1 :i: ~i Ii rf,};!i,[!'Il!lIlU '.'_~ ,.. ,. ..CN mutual promises, covenants and undertakings hereinafter set forth and for other good and valuable consideration, receipt of which is hereby acknowledged by each of the parties, hereto, Husband and Wife, each intending to be legally bound hereby, covenant and agree as follows: 1. PERSONAL RIGHTS. It shall be lawful for each Husband and Wife at all times hereafter to live separate and apart from the other party at such place as he or she may frorn time to time choose or deem fit. The parties shall be free from any control, restraint, interference or authority, direct or indirect, by the other in all respects as fully as if they were unmarried, except as may be necessary to carry out the provisions of this Agreement. Husband and Wife shall not molest, harass, disturb or malign each other or the respective families of each other nor compel or attempt to compel the other to cohabit or dwell by any means in any manner whatsoever with him or her. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness or unlawfulness of the causes leading to their living apart. 2. MUTUAL RELEASE. Husband and Wife each do hereby mutually remise, release, quitclaim and forever discharge the other, for all time to come, and for all purposes whatsoever, of and from any and all rights, titles and interests, or claims in or against the property (including income and gains from property hereinafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other or any part thereof, whether arising out of any former act, contracts, engagements or liabilities of such other or by way of dower or courtesy; or claims in the nature of dower or courtesy or widow's or widower's rights, family exception or similar allowance, or under the interest laws, or the right to take against the spouse's will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether arising under the law of Pennsylvania, any state, commonwealth or territory of the United States, or any other country, or the right to act as personal representative of the estate of the other; or any rights which any party may now have or any time hereafter have for past, present, future support, maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the martial relation or otherwise; except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for breach of any provision hereof. . It is the intention of Husband and Wife to give to each other, by the execution of the Agreement, a full, cornplete and general release with respect to any and all property of any kind or nature, real, personal or mixed, which the other TII/ ,-, " '~,"" -I '0' .~ ,I' ,-' " ~"T C~~ ~~ now owns or may hereafter acquire, except and only except all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any provision hereof. It is further specifically understood and agreed by and between the parties hereto that each accepts the provisions herein made by the other in lieu of and in full settlement and satisfaction of any and all of their rights against the other or any past, present and future claims on account of support and maintenance; that it is specifically understood and agreed that the payments, transfers and other considerations herein recited so cornprehend and discharge any and all such claims by each other against the other, and are, inter alia, in full settlement and satisfaction and in lieu of their past, present and future claims against the other in account of rnaintenance and support, and also alimony, alimony pendente lite, counsel fees, costs and expenses, as well as any and all claims to equitable distribution of property, both real and personal, and any other charge of any nature whatsoever pertaining to any divorce proceedings which may have been or may be instituted in any court in the Cornmonwealth of Pennsylvania or any other jurisdiction, including any other counsel arising in any manner whatsoever, except os may be incurred in connection with a breach of the Agreement as set forth hereinafter in paragraph 25. 3. RELEASE OF TESTAMENTARY CLAIMS. Except as provided for in this Agreement, each of the parties hereto shall have the right to dispose of his or her property by last will and testament or otherwise, and each of them agrees that the estate of the other, whether real, personal or mixed, shall be and belong to the person or persons who would have become entitled thereto as if the decedent had been the last to die. Except as set forth herein, this provision is intended to constitute a mutual waiver by the parties of any rights to take against each other's estate whatsoever, and is intended to confer third-party beneficiary rights upon the other heirs and beneficiaries of each. Either party may, however, make such provision for the other as he or she may desire in an by his or her lost will and testament; and each of the parties further covenants and agrees that he or she will permit any will of the other to be probated and allowed administration; and that neither Husband nor Wife will claim against or contest the will and estate of the other except as necessary to enforce any breach by the decedent of any provision of this Agreement. Each of the parties hereby releases, relinquishes and waives any and all rights to act as personal representative of the other party's estate. Each of the parties hereto further covenants and agrees for himself and herself and his or her heirs, executors, administrators or assigns, for the purpose of enforcing any of the right relinquished under this Agreement. '" " '""~,,' - [~r'<, '-, ';"-' '''1'; , " I: ~~~ :1 . . .___,~.!.O /IV ~ "" r "__"':"'__"'0'_""" 4. FINANCIAL DISCLOSURE. The parties waive their rights to require the filing of financial statements by the other, although the parties have been advised by their respective attorneys that it is their legal right to have these disclosures made prior to entering into this Agreement without reliance upon financial disclosure, the parties are forever waiving their right to request or use that as a basis to overturn this Agreement or any part thereof. 5. INCOME TAX CONSIDERATIONS. The transfers of property pursuant to this Agreement are transfers between Husband and Wife incident to their divorce and as such are nontaxable, with no gain or loss recognized. The transferee's basis in the property shall be the adjusted basis of the transferor immediately before the transfer. The transfers herein are an equal division of marital property for full and adequate consideration and as such will not result in any gift tax liability. ", 6. PENSION, PROFIT-SHARING, RETIREMENT, CREDIT UNION OR OTHER EMPLOYMENT-RELATED PLANS. The parties hereto expressly waive and relinquish any right, claim, title or interest in any pension, profit-sharing, retirement, credit union or other employment-related plans in which the other has any interest by virtue of his or her past or present employment, whether vested or unvested, matured or unmatured. ;; f'i 7. EQUITABLE DISTRIBUTION OF MARITAL PROPERTY. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in Section 3502 of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for further acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical. retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or. appreciation of the martial property, including the contribution of each spouse as a homemaker the value of the property set apart to each party; the standard of living of the parties established during the marriage; and the economic circumstances of each party at the time the division of the property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division is being effected without the introduction of outside funds or other property "pv -'.R. .---',". '-~""'~I-' _,' , r ~ ,--, ~~~-=~'" not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. ~ 'I \ ;,1 fl ~1 ~ " !1 g Ii A. MOTOR VEHICLES. The parties agree that Husband shall have full and sole possession of the 1996 Dodge Pickup Truck, and Wife shall become full and sole owner of the 1996 Nissan Maxima. On or before the date of the execution of this Agreement, the parties shall execute the titles to the said vehicles, if appropriate, so as to effectuate the transfer as herein provided. Furthermore, each party shall become solely responsible for the financial obligation associated with the vehicle he or she is to retain pursuant to this Agreement and each party agrees to indemnify and hold harmless the other party from any and all liability therefore. ,r " ~ Ii V it B. DIVISION OF HOUSEHOLD AND PERSONAL PROPERTY. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Except as otherwise set forth hereinafter, neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, and titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, it is physically in the possession or control of the party at the time of the signing of this Agreement, and in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Anything to contrary contained herein notwithstanding, Husband and Wife shaH be deemed to be in the possession and control of any pension or other employee benefit plans or other employee benefits of any nature to which either party may have a vested or contingent right or interest, apart from the provision of the Divorce Code, at the time of the signing of this Agreement. . i; u_ :1 it t" ;( q' :)' ~", i: t! )-! i ~ r " From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of such property, whether real or personal, whether such property was acquired before, during, or after marriage, and neither ~, - - - - 'c'~''''_~'''''''fh_\"l0!~!~''_'';_ ",~~,!.' ">_'%,,,,,,'" ,;-,','_' ,~''', ,~.,"""j ,_,,:.,_ . ,0' c' '.', '_~~,;~>I!;~,__,?__<'~" ,_,_, ,_ _ ,_ j ,,,) ,,' " c_, Mn_ ~ , Husband nor Wife need join in, consent to, or acknowledge any deed, mortgage, or other instrument of the other pertaining to such disposition of property. 8. DISTRIBUTION OF CASH ASSETS, STOCKS AND BONDS. The parties agree to sell and divide equally their money market account. The parties shall retain as their respective sole and separate property any other depository or brokerage accounts, stocks, or bonds held in their respective individual names~ , L , t; I-i i r 9. REAL ESTATE. The parties acknowledge that they are the joint owners of the marital residence situate at 208 Faith Circle, Carlisle, Cumberland County, Pennsylvania. Husband and Wife have listed said marital residence for sale. All costs associated with the sale of the marital residence, including but not limited to realtor's fees, transfer fees, closing costs, and taxes, shall be shared equally by Husband and Wife. All proceeds from the sale of the marital property shall likewise be shared equally. 10. DEBTS. Husband represents and warrants to Wife that since the separation he has not, and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible, and he shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of such debt or obligation incurred by him since the date of said separation, except as otherwise set forth herein. Wife represents and warrants to Husband that since the separation she has not, and in the future she will not. contract or incur any debt or liability for which husband or his estate might be responsible, and she shall indemnify and save Husband harmless from any and all claims or demands made against him by reason of such debts or obligations incurred by her since the date of said separation, except as otherwise set forth herein. Husband hereby assumes and shall be solely responsible and liable for the payment of the following obligations: a. VISA from PSECU (approx. $5,000.00) . b. $1.836.23 to Wife due to the following: 1. Wife assumed $9,000.00 Members 1 st loan 2. $9,000.00 minus $5.000.00 = $4,000.00 3. $4,000.00 divided by 2 = $2,000.00 Husband shall immediately upon execution of this Agreement take such steps as are necessary to transfer ownership of the said accounts rotl "-"'~?' ~- 1"1 --'I Il " . ....." and obligation to his name solely, obtaining a full, complete and general release of Wife from the said creditors. Husband will immediately upon execution of this Agreement accompany Wife to Members 1 st to make arraignments consistent with the above-paragraph. In the event that the creditors refuse for any reason to transfer. the charge accounts to Husband's name absolutely and to release Wife from any liability thereon, such accounts shall be immediately closed. Wife hereby assumes and shall be solely responsible and liable for the payment of the following obligafions: a. Members 1st loan (approx. $9,000.00) Wife shall immediately upon execution of this Agreement take such steps as are necessary to transfer ownership of the said accounts and obligation to her name solely, obtaining a full, complete and general release of Husband from the said creditors. In the event that the creditors refuse for any reason to transfer the charge accounts to Wife's name absolutely and to release Husband from any liability thereon, such accounts shall be immediately closed. 11. PATERNAL GRANDPARENTS: Provided that matters remain civil, paternal grandparents will continue to pick up the child from the current daycare provider. Each party shall pick up the child from the paternal grandparents on their respect days of custody/visitation. Each party reserves the right to alter this provision of the Agreement. 12. CHILD SUPPORT. Said payments shall be made through the Domestic Relations Section of Cumberland County. 13. CHILD TAX EXEMPTION. Wife shall be entitled to the dependency exemption and child tax credit for all "odd" years beginning with the 2001 tax filing. Husband shall be entitled to the dependency exemption and child tax credit for all "even" years beginning with the 2002 tax filing. Both parties will sign all necessary documents with the IRS to allow the other parent to claim the tax deduction for Collin in the year as specified above. Wife may claim child care expenses at 40% every year. Husband may claim child care expensed at 60% every year. Telephone Contact. The parties agree that the child is to have liberal rights of telephone contact with the non-custodial parent, no TIll ,~,~, ',7 -c'~ '" , ~ ""'"""=I-~ '-"~--, ~ I ~~".'lIIl! = matter who is exercising his or her right to physical custody. Medical Care/Treatment. Both Husband and Wife shall be immediately informed as to the medical care and treatment of the child. ., ii j ,1 OJ , :1 il , Ij i I ~;; ., iJ [1 ~ ~ ~ !l ~ Relocation. Upon the knowledge of a pending relocation, temporary or permanent, of either parent, that parent must immediately inform the other of his or her new address and telephone number. 14. MEDICAL INSURANCE. Wife shall provide medical insurance for Collin of the parties for such period of time, as it is available to her without cost through her employment. Wife shall also continue to maintain Husband on her medical insurance coverage until such time as a fmal Decree in divorce is entered. In the event that Wife's medical insurance coverage is terminated or becomes unavailable without cost, Husband shall be responsible for providing medical insurance coverage for Collin. The obligations set forth herein shall continue until such time as Collin has graduated from high school or has reached 18 years of age. i1 , ~ ;1 rl II il ;~' "j The parties shall equally share all medical, dental, prescription, eye care, orthodontic and counseling expenses for the child which are not otherwise paid by medical insurance until Collin has graduated from high school or has reached 18 years of age. ::[ 15. COLLEGE EXPENSES. The parties each acknowledge herein that it is their intent to contribute to the expenses associated with the college or other post- high school education for their child, to the extent that they are financially able at that time. Such expenses would include, without limitation, tuition, room and board, lab fees, miscellaneous student fees, books and student supplies, transportation expenses for summers and other school breaks, clothing and miscellaneous spending money, however, the provisions herein acknowledging the parties intent, shall not in any manner, confer third party beneficiary rights unto their child for the payment of said expenses. If applicable, both parents shall be involved in and have input into the choice of academic institutions selected by the child. Further, the child will be required to apply for and to use all possible grants, scholarships and work-study programs and any of their own income or assets before the parties are responsible to contribute to their college expenses. d tj; " r 'i~ ~I ", ;: Ii I; j ;1 16. COUNSEL FEES AND COSTS. Husband and Wife each agree to '1!-"l'1,,, : " "~_ ":.'-,",,'\''1A''; )t_." -~" - ~4 '''_ --'t':. _ " 'r.I'"'" ~ .< _"0", -_'} ~''''~__~'''I H' h' ,- , -'7_" ';- "1 ",' '\ '_, 1 ":' -,. _ ." _, ~ . 1~ '1"1// f"- ,-~o=~ '--,~~-~, pay and be responsible for their own attorney's fees and costs incurred with respect to the negotiation of this property settlement agreement and the divorce proceedings related thereto. 17. DIVORCE: A Complaint in divorce has been filed to No. 01-2851 Civil Term in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an affidavit evidencing their consent to the divorce, pursuant to Section 3301 (cl of the Divorce Code. In the event. for whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request. that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees, resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 18. BANKRUPTCY. The parties further warrant that they have not heretofore instituted any proceedings pursuant to the bankruptcy laws nor are there any such proceedings pending with respect to them which have been initiated by others. It is stipulated and agreed by the parties that the terms of this Agreement as they resolve the economic issues between the parties incidental to their divorce and the obligations of the parties to each other resulting there from shall not be dischargeable in bankruptcy, should either party file for protection under the Bankruptcy Code at any tirne after the date of execution of this Agreement. 19. RECONCILIATION. Notwithstanding a reconciliation between the parties, this agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. 20. INCORPORATION IN FINAL DIVORCE DECREE. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. The terms shall be incorporated into the final divorce decree for the purposes of enforcement only and any modification of the terms hereof shall be valid only if made in writing and signed by both of the parties. Any court having jurisdiction shall enforce the provision of this Agreement as if it were a Court Order. This Agreement shall survive in its entirety, resolving the spousal support, alimony, equitable distribution and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania, and no court n! .'" ^ ,.t~l".l-'," T , - ...~ ~ asked to enforce or interpret this Agreement shall in any way change the terms of this Agreement. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by Husband and Wife, each to the other, that this Agreement is lawful and enforceable, and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 21. DATE OF EXECUTION. The "date of execution" or "execution date" of the Agreement shall be defined as the date upon which it is executed by'the parties if they have each executed the Agreement on the same date. Otherwise, the "date of execution" or "execution date" of this Agreement shall be defined as the date of execution by the party last executing the Agreement. 22. FULL DISCLOSURE. Each party asserts that he or she has made or shall make a full and complete disclosure of all the real and personal property of whatsoever nature and wheresoever located belonging in any way to each of them, of all debts and encumbrances incurred in any manner whatsoever by each of them, and of all sources and amounts of income received or receivable by each party. 23. ENTIRE AGREEMENT. This Agreement contains the entire understanding of the parties, and there are no representations, warranties, covenants or undertakings other than those expressly set forth herein. 24. BREACH. If either party breaches any provision of this Agreement, the other party shall have the rights, at his or her election, either to pursue his or her rights in having the terms of this Agreement enforced as an Order of Court or to sue for specific performance or for damages for such breach, and the party breaching this Agreement shall be responsible for legal fees and costs incurred by the other in enforcing his or her rights under this Agreement. 25. PENNSYLVANIA LAW. The parties agree tl1at the terms of this Agreement and any interpretation and/or enforcement thereof shall forever be governed by the Laws of Pennsylvania. 26. WAIVER OF MODIFICATION TQ BE IN WRITING. No modification or waiver of any of the terms hereof shall be valid unless made in writing and signed by both of the parties. ,v \-u.. ~ "-1 ,I . 1 n, -- "'O,_~ 27. ADDITIONAL INSTRUMENTS. Each of the parties shall from time to time. at the request of the other. execute, acknowledge, and deliver to the other party any and all further instruments, including Deeds and other real estate-related documents. titles, or other documents that may be reasonably required to give full force and effect to the provisions of this Agreement. 28. SEVERABILITY. If any term. condition, clause or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise. then only that term, condition, clause or provision shall be stricken from this Agreement. and in all other respects this Agreement shall be valid and shall continue in full force, effect and operation. 29. WARRANTY. Husband and Wife again acknowledge that they have each read and understood this Agreement. and each warrants and represents that it is fair and equitable to each of them. rr !,i u ~ 11 !) ~i ~ n 30. DESCRIPTIVE HEADINGS. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in determining the rights or obligations of the parties. :j: I'; P' tj! f> 77V --mJOC , -- .,. -- ,J ,--~ '"'--_'~'." . -' ,'- , _I'"', :1" 1 " ~~ IJl ~~~,__.~.. i ,~~'"'~.'^,~ .--- -- o:~~ . IN WITNESS WHEREOF. and intending to be legally bound hereby. the parties hereto have hereunto set their hands and seals the day and year first above written. This Agreement is executed in duplicative. and each party hereto acknowledgesreceipt of a duly executed copy thereof. ~.a~~ . elly ~Ch Neste -/4~ Todd Nester SS. COUNTY OF On this ~ day of . ';;002. the undersigned officer. personally ppeared known to me (or satisfactorily roven) to be the person hose name is subscribed to the within Agreement. and acknowledged that he/.sbe- executed the same for the purposes tIer in ~ontaine~d. Notarial Seal ~ J /'J - / ........ . ^--/ Bridget Ann Corcoran. Nolary Public ... ~ t.--...............- Carlisle Boro, Cumberland County My Commission Expires June 10, 2002 COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF On this 7'fh day of:J ~ . 2002. before me. the undersigned officer. personally appeared 0 heJ l ~ DD~ !J~t-ev;- known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Agreement. and acknowledg that he/she executed the same for the purposes Unt:d. ~.. IONIA "I'IMR.JlG'fMVI'\IIUC . _... D IClIIO, CllT17fJllAND CllUInY.PA II'tCOllnlllDNElCPIRt!S JULyat._ "TV ~,.. " , <" ,- ~ , , 't'- , ,.o;:,:;,dl"<;"- "~,,;,_\,,, . Custody of Collin Jacob Nester THIS AGREEMENT, made this PI day of /M.'f ,2002 between Shelly Nester, (hereinafter referred to as "Wife", and Todd Nester (hereinafter referred to as "Husband"). WITNESSETH: A child was born of this marriage: Collin Jacob Nester, born January 14, 2000. The parties shall share legal and physical custody ofthe said child. The visitation rights of both parents shall be set as follows: *Husband shall have son on Wednesday evening, Thursday, Friday, and returning to Wife on Saturday at four o'clock. Wife shall have son on Saturday evening, Sunday, Monday, Tuesday, Wednesday, and Thursday (husband picks up at babysitters). Husband shall have son on Thursday evening, Friday, Saturday, Sunday, Monday, Tuesday, and Wednesday (wife picks up at babysitters). Wife shall have son on Wednesday evening, Thursday, Friday, and returning to Husband on Saturday at four o'clock. Husband shall have son on Saturday evening, Sunday, Monday, Tuesday, Wednesday, and Thursday (wife picks up at babysitters). Wife shall have son on Thursday evening, Friday, Saturday, Sunday, Monday, Tuesday, and Wednesday (husband picks up at babysitters). *Schedule repeats! The parties shall share the foIrowing major holidays: Thanksgiving, Christmas, Easter, and the child's birthday, January 14. Parties shall also alternate A.M. and P.M. visitation rights on these said holidays. Mother's Day and Father's Day will be spent with the respective parent, from six o'clock p.m .on the night before through six o'clock p.m. on the said day. Each party shall also have the right to exercise two (2) one-week periods of summer vacation or exercise fourteen (14) single vacation days. Partial custody (seven (7) consecutive days) at a time to be mutually agreed upon by the parties hereto, provided that the parties will provide each other an advance notice. The parties may from time to time as they mutually agree alter these periods of custody, provided that a minimum of twenty-four (24) hours notice is provided for the request of additional custody. :;: ,.~-~ ?_-~-\"_"'~'_1,_~,~,,,,,,,"!'~~___1,_,,~,\~1_"R'-_.~-'''_''''_>'',-_=1't'''''fC'.,'_'_''''__ ,',-,,~"'L-?'-_"~"""_,__ - r, '-~1',,,"c"~'--" __= ,_, '^ _, , -;;;~~ , " ^""'\ "-^-" """, ~_ _/.~.".o~,"-'_ ,,~,_, '"-_,,,_"_~~_~~"0"',_,C;C,_ ""----",I,..,~'"'_,..~,~-~",.,__ , ,,_r__. -" _ ".^ _ "'I' '"~_"""c_, ,_ ,,!_ , , -~~ Todd Nester 'I -', ~_,' '" -.,._ _L "'-,- '0" ,.,._ "">!"'-_" . :, ,--.... , Additional Custody of Collin Jacob Nester THIS AGREEMENT, made this~ day of ~~ , 2002, between Shelly Nester, (hereinafter referred to as UWife"), and Todd Nester (hereinafter referred to as uHusband"). The parties shall alternate the following holidays: Memorial Day, Fourth of July, Labor Day and Halloween. The parties shall alternate each holiday per year. E.g. Wife has child on Memorial Day, Husband has child on Fourth of July, Wife has child on Labor Day, Husband has child Halloween. The following year the opposite would occur. The parties will have an agreed upon time when child will be picked up and dropped off to the respective parent. WITNESS .->::o/~ Todd L. Nester - .,,-: '.I,'f-'--,'-- .-'"-' e. c_'-""'_"" -. ",",-'-"~~'h, , _, ' .". ". ~ ~ III ~ '~ ,U,flI ,"'" ..,,' ,.,,, IlillliriJ Ii lir' T]Il'I1i"VM't''CT' o c "'-c.. .~] I-i,: ,--.r- "'.:----, ~);~ .,- , , J.-:>> . , . c:- l~,"' ~ -n C' C> , --~J ~ '~-~ - -. :< ~ ~~IlII~ _ ". I'lJl! r~J!!!I~""tlilWI~~'~"'j!l~l)1ri:~!>\l~;;r.','i,"J<'~,i!!<cf~:'i'i~i~;P'f"f'*'"!!$~~~~~~",,_,",.,<,:,~