Loading...
HomeMy WebLinkAbout01-046315 ~ POPPY J. NATALIE IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. ROBERT S. NATALIE • 01-4631 CIVIL ACTION LAW DEFENDANT • IN CUSTODY ORDER OF COURT AND NOW, Monday, August 06, 2001 ,upon consideration of the attached Complaint, it is hereby directed that parties and their respecfive counsel appear before Dawn S. Sunday, Esq. ,the conciliator, at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, September 04, 2001 at 1:00 p.m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Ail children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, BY~ isi Dawn S Sunda, Esq Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 _. T~ ~ ~ I©~~- ~ ~s~~~~~ ~iNdAIA~NN?d AJ.N(1C}~ POPPY J. NATALIE, Plaintiff _ : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. ROBERT S. NATALIE, Defendant AND NOW, this NO. Ol -~tL3~ ~ju, C`r~~ GIVIL ACTION -LAW IN DIVORCE ORDER OF COURT day of , in consideration of the attached petition, it is hereby directed that the parties and their respective counsel appear before the conciliator, at on the day of , at o'clock _.m. for apre-hearing custody conference. At such conference, an effort will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the issues to be heard by the Court and to enter into a temporary order. Failure to appear at this conference may provide grounds for entry of a temporary or permanent order. By the Court: Custody Conciliator YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 POPPY 7. NATALIE, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA NO. Gl-~{19~1 ~..ach,~.., i~ ROBERT S. NATALIE, Defendant CIVIL ACTION -LAW IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGATS YOU HAVE BEEN SIZED 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 ff you fail to da 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 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 marriage counselors is available in the Office oftbe Prothonotary at the Cumberland County Courthouse, Carlisle. You are advised that this list is kept as a convenience to you and you are 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 DO NOT FII,E A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE ALAWYEROR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 POPPY J. NATALIE, v. IN TkiE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. NATALIE, Defendant CIVIL ACTION -LAW IN DIVORCE COMPLAINT IN I)IVORC,~ AND NOW comes the Plaintiff, POPPY J. NATALIE, by and through her counsel, Kollar and Kennedy, and respectfully represents as follows in support of the within Complaint: 1. Plaintiff is Poppy J. Natalie, an adult individual currently residing at 39 Oneida Road, Shiremanstown, PA 17011. Plaintiffs Social Security Number is 106-68-4644. Plaintiffretired from the U.S. Army on June 18, 2001. 2. Defendant is Robert S. Natalie, an adult individual with a last known address of 405 Meadow Lane, Shermansdate, PA 17090. Defendant's Social Security Number is 315-90-2201. Defendant is a member of the U.S. Army and is cunentiy stationed at the Carlisle Barricks, Carlisle, PA. 3. Plaintiff and Defendant have been bona fide residents u- the Commomvealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 26, 1991, in Norfolk, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. 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. 7. Plaintiff and Defendant are both citizens of the United States. 8. Paragraphs 1 through 7 of this Complaint are incorporated herein by reference as though set forth in full. 9. The marriage of the parties is irretrievably broken. COUNT II RE,~jUEST FOR EQUITABLE DISTRIBUTION PURSjJANT TO SECTION 35D2 OF THE DIVORCE CO,D~ 10. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full below. 11. The parties are owners of marital property subject to equitable distribution. 12. Plaintiff requests this Honorable Court to equitably divide, distn'bute or assign marital property between the parties and to assign the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just aSer consideration of all relevant factors. COUNT HI ~LIMd ~._iMONY PENDE~TTE LI,~ COUNSEL FEES AND COSTS 13. Paragraphs 1 through 12 are incorporated herein by reference as though set forth in full below. 14. Pktitrtiff lacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employment. 2 I5. Plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 16. Defendant has assets which have not yet been ascertained. 17. P]aintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. Plaintiff is unable to sustain herself during the course of this litigation. COUNT IV - CUST©DY l9. Paragraphs 1 through 18 ofthis Complaint are incorporated hereinby reference as though set forth in full. 20. Minor children have been born to the marriage between Plaintiff and Defendant: (a) A Daughter, Kelsea Noel Natalie, was born on December 31, 1992 (b) A Daughter, Meghan Elizabeth Natalie, was born on December 4, 1996. 21. The children are presently in the custody of Plaintiff. 22. a. In the past five years, KeLsea Noel Natalie has resided with the following persons and at the following addresses: Robert and Poppy Natalie 7404 E. Kenmore Drive Birth - 6/93 Norfolk, VA Robert and Poppy Natalie Robert and Poppy Natalie Poppy Natalie 1117-B Macomb Road 6/93-6196 Honolulu, HI 39 Oneida Road 6/96 - 6!24/01 Shiremanstown, PA 39 Oneida Road 6!24/01-Present Shiremanstown, PA 3 ., b. In the past five years, Meghan ElizabethNatalie has resided with the following persons and at the following addresses: Robert and Poppy Natalie 39 Oneida Road Birth - 6129101 Shiremanstown, PA Poppy Natalie 39 Oneida Road 6/29/01-Present Shiremanstown, PA 23. Plaintiffis aware of no pending custody proceeding concerning the children in a court of this Cotnmomveahh. 24. The Plaintiffseeks primaty physical and shared legal custody of the children, Kelsey Noel Natalie and Meghan Elizabeth Natalie. 25. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiff has maintained the role of primary caregiver to the child. (b) Plaintiffis more likely to facilitate a relationship between the other parent and the child. (c} Plaintiffcan provide a nurturing, stable, and loving environment for the child. 2b. Paragraphs 1 through 25 ofthis Complaint are incorporated herein by reference as though set forth in full. 27. The public policy of the Commonwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 4 28. While no settlement has been reached as of the date of the filing of this Comp~int, Plaintiff is willing to negotiate a fair and rea~nable settlement of all matters with Defendant and is hopeful that Defendant may also be willing to enter imo a marital settlerrant agreement. 29. To the extent that a written settlement agreement might be entered into between the parties, Plaintiff desires that such written agreement be approved by the Court and incorporated in any divorce decree which maybe entered dissolving the marriage between tbe parties. WHEREFORE, the Plaintiff prays that Judgment and Decree be entered as follows: (a) As to Coum I, that a decree be entered divorcing Plaintiff from the bonds of matrimony with the Defendant pursuant to 23 Pa.C.S. Section 3301 (c) or (d}; and (b) As to Coun# TI, that an Order be entered equitably distributing property of the marriage; and (c) As to Count III, that your Honorable Court enter an award of Alimomy Pendente Lite, interim counsel fees and costs followed by a hearing and final award ofAlimony, cost and fees as deemed appropriate; and (d) As to Count IV, that primary physical and shared legal custody be granted to Plaintiff; and (e) As to Count V, that any settlement agreement reached between the parties be incorporated but not merged into the decree in divorce. 5 RESPECTFULLY SUBMITTED, Mary Ko K edy, Esquire KOLLAS KENNEDY I.D. No. 46 1104 Fetnwood Avenue, Suite 104 Camp Bill, Pennsylvania 17011 Telephone: (717) 731-1600 ATTORNEY FOR PLAINTIFF DATE:~~T~ 6 POPPY J. NATALIE, : IN THE COURT 4F COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA v. : NO. ROBERT S. NATALIE, :CIVIL ACTION -LAW Defendant : IN DIVORCE VERiF'ICATION I, POPPY J. NATALIE, verify that the statements made in the foregoing COMPLAINT aze true and correct to the best of my knowledge, information and belief. I understand that false statemeirts herein are made subject to the penalties of IS Pa. C.S.A. 4904, relating to unsworn falsification to authorities. Poppy J~atali DATE: ~ / ~- 0 l ~~ -~r. ~a ~~ ~o ~ i ~ ~ c `=~ G A ~ T S ': ~( Z T ~~ a _ J ~.,-, ~a:: ~u u.~, ,:_-; ~~ ~ t~~ , , `;,,~ . ~- ._., .~ POPPY J. NATALIE, v. IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA ROBERT S. NATALIE, Defendant NO.OI-4631 Civil Term CIVIL ACTION -LAW IN DIVORCE A~CEP'I'ANCE OF,SERVICE I, ANDREW C. SHEELY, accept service of the COMPLAINT 1N DIVORCE and certify that I am authorized to do so as wunsel for the Defendant. Date: ,~„2no 1 !~ s~ ANDREW C. SHEELY, ESQUIRE l (0,2~.{l0 0l 127 S. Market Street Mechanicsburg, PA 17055 p. a.3~~a~ f J' \ ~ \ ('~ t~ a_3 C "_ -n ~• -i it ~ `~' - -~, ~ f[1 rl" ~t7 t ~._. ~, ~ 7 ~.., _. U L,,:: £' J ~ Cn? -~= ii 1 .- - e~ .___,_ ., - _4F~ #A~C'4N~ rr:marq~erc3 rm,-.a~~ms~asgrws~pems~c~~m?eem~i an~FAX% _. POPPY J. NATALIE, Plaintiff v. ROBERT S. NATALIE, Defendant To the Prothonotary: c IN THE COURT OF COMMON PLEAS OF CUM$ERLAND COUNTY, PENNSYLVANIA NO.01-4631 Civil Term CIVIL ACTION -LAW IN DIVORCE PRAECII'E Please withdraw the Complaint in Divoroe in the above-referenced case on behalf of Plaintiff. RESPECTFULLY SUBMITTED: Date: ~ 2g Attorney LA.1~ b9246 KOLLAS AND KENNEDY 1104 Fernwood Avenue Camp Hill, PA 17011 (717)731-1600 ATTORNEY FOR PLAINTIFF r_ -n r' r;r~, (-3 G..i - -'. f ":] G^.: +f_, -i-': G ~ __ AUG 2~~Q~( POPPY NATALIE, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4631 CIVIL TERM ROBERT S. NATALIE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this 28th day of August, 2001, the Conciliator, being advised by Plaintiff's counsel that Plaintiff is withdrawing her Complaint in Divorce, including her claim for Custody, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for September 19, 2001 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator