HomeMy WebLinkAbout99-075677-q
d
0
.9
.
lift
IN THE COURT OF COMMON PLEAS
OFCUMBERLAND COUNTY
STATE OF PENNA.
MICHAEL R. FATULA
Plaintiff No. 7567
VERSUS
DEBORAH J. FATULA
Defendant
of 1999
DECREE IN
DIVORCE
I, J ti
AND NOW, IT IS ORDERED AND
u -
DECREED THAT MICHAEL R. FATULA PLAINTIFF,
AND DEBORAH J. FATULA
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; ?IY
n
Post Nuptial Agreement is incorgnra d as approved
bait\.. •..?... ..-... _e;1ilel
/(? • 7.OD ef?v?? /• L??
;14v. 99• .2s-6 -/ o, T'.
POSTNUPTUAL AGREEMENT
THIS AGREEMENT, made thisq?^
day of L P?V 2000, by and between
Deborah H. Fatula, hereinafter referred to as "Wife", and Michael R. Fatula,
hereinafter referred to as "Husband".
WITNESSETH:
WHEREAS, Husband and Wife were lawfully married on June 27, 1987 in
Ellicot City, Maryland; and
WHEREAS, two children Julianne Deborah Fatula (dob: February 8, 1990)
and Cynthia Lucy Fatula (dob: January 11, 1994), were bom of this marriage; and
WHEREAS, certain differences have arisen between the parties as a result of
which they separated on December 20, 1999 and now live separate and apart from
one another, and are desirous, therefore, of entering into an Agreement which will
distribute their marital property in a manner which is considered to be an equitable
division of all joint property, and will provide for the mutual responsibilities and rights
growing out of the marriage relationship; and
WHEREAS, there has been a complete disclosure of the earnings and property
of each party, and each understands his/her rights under the Divorce Code of the
Commonwealth of Pennsylvania; and
WHEREAS, the parties hereto, have been informed on their right to legal
counsel and Husband has retained John M. Glace, Esquire and Wife knowingly,
willingly and intellectually electing not to retain counsel have come to the agreement,
which follows;
NOW, THEREFORE, in consideration of the above recitals and the following
covenants and promises mutually made and mutually to be kept, the parties heretofore,
intending to be legally bound, covenant, promise and agree as follows:
1. Separation. It shall be lawful for each party at all times hereafter t live
separate and apart from the other party at such place that he or she may from time to
time choose or deem fit. The foregoing provision shall not be taken as an admission on
the part of either party of the lawfulness of the causes leading to their living apart.
2. Interference. Each party shall be free from interference, authority and
contact by the other, as fully as if he or she sere single and unmarried, except as may
be necessary to carry out the provisions of this Agreement. Neither party shall molest
the other nor attempt to endeavor to molest the other, nor compel the other to cohabit
with the other, nor in any way harass or malign the other, nor in any way interfere with
the peaceful existence, separate and apart from the other.
3. Wife's Debts. Wife represents and warrants to Husband that since the filing
of the Divorce Complaint on December 20, 1999 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 shall indemnify and save Husband harmless from any and all claims or
demands made against him by reason of debts or obligations incurred by her.
4. Husband's Debts. Husband represents and warrants to Wife that since the
filing of the Divorce Complaint on December 20, 1999 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 shall indemnify and save Wife harmless from any and all claims or
demands made against her by reason of debts or obligations incurred by him.
5. Outstanding Joint Debts. The parties acknowledge and agree that they
have no outstanding debts'and obligations incurred prior to the signing of this
Agreement, except the first mortgage on the marital residence. In the event that either
party contracted or incurred any debts since the date of separation, the party who
incurred said debt shall be responsible for the payment thereof, regardless of the name
in which the account may have been charged, and such party shall indemnify, defend
and hold the other party harmless from any claim or demand made against that party by
reason of such debt.
6. 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 401 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 skill,
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 future 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 marital property, including
V
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 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 not constituting marital
property. The division of property under this Agreement shall be in full satisfaction of
all marital rights of the parties.
A. Distribution of Personal Property.
The parties hereto mutually agree that they have effected a satisfactory division
of the furniture, household furnishings, appliances, and other household personal
property between them as provided in Appendix "A" attached hereto and made part
hereof.The parties mutually agree that each party shall from and after the date hereof
be the sole and separate owner of all such tangible personal property presently in his
or her possession, and the Agreement shall have the effect of an assignment or bill of
sale from each party to the other for such property as may be in the individual
possession of each of the parties hereto.
The parties hereto have divided between themselves, to their mutual
satisfaction, all items of tangible and intangible marital property. 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, any
titles or documents necessary to give effect to this paragraph. Property shall be
deemed to a in the possession or under the control of either party if, in the case of
tangible personal property, the item is physically in the possession or control of the
party at the time of the signing of the 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. Husband and Wife shall each be deemed to be in the
possession and control of their own individual pension or other employee benefit plans
or retirement benefits of any nature to which either party may have a vested or
contingent right or interest at the time of the signing of the Agreement, and neither will
make any claim against the other for any interest in such benefits, except as stated
herein.
Both Parties acknowledge that Wife's pension/retirement investments at the
conclusion of 1999 were worth in excess of $110,000.00 and that Husband's pension
provided through his employer was worth $83,446.67 moreorless plus employer's
contributions which may optimally provide total value in excess of $119,000.00. Both
parties acknowledge and agree that pensions should for proposes of this Agreement be
considerable equal. Both parties at execution of this Agreement shall be deemed
{
t
?i
possession. Wife hereby transfers all of her right, title and interest in said vehicle to
Husband.
Notwithstanding Paragraph 6 of this Agreement, Wife shall retain possession
and ownership of the 1989 Ford Taurus and 1987 Ford Taurus, both presently in her
possession. Husband hereby transfers all of his right, title and interest in said vehicle
to Wife. The lien presently encumbering the vehicle to ' shall be paid out of the
proceeds of the sale of the real estate, as set forth in Paragraph 66 above.
8. Alimony. Both parties acknowledge and agree that the provisions of the
Agreement providing for equitable distribution of marital property as fair, adequate and
satisfactory to them, and are accepted by them in lieu of and in full and final settlement
and satisfaction of any claims or demands that either may now or hereafter have
against the other for support, maintenance or alimony. Husband and Wife further,
voluntarily and intelligently, waive and relinquish any right to seek from the other any
payment for support or alimony. Each party shall indemnify, defend and hold the other
harmless against any future action for either support or alimony brought by or on
behalf of the other, such indemnity to include the actual counsel fees of the defendant
in any such future action.
9. Custody. Custody of the parties' minor children shall be joint and equal,
both legally and physically. It is the intent of both parties to share equally in the nurture
and raising of their beloved daughters. Wife agrees to purchase a new residence in the
near proximity to the 4309 Woodcrest Lane residence and within the same school
district, if reasonable. Neither parent shall be deemed to have physical custody to the
extent that child support is owed to the other as required at law. Further Parties agree
to maintain the custody schedule, attached hereto as Appendix °B" and made part
hereof, if practicable and to reach a mutual understanding before such time as any
variation thereof.
10. Support. Both parties agree. pursuant the above recitals to waive their
rights to both spousal support and child support. The parties will open a joint account
and contribute in equal amounts, to used for the children's reasonably occurring
expenses. Both parties agree that they will maintain all insurance policies at force at
time of execution of this Agreement, wherein the children are the named beneficiaries.
In the event that an Order of support is issued by any Court having jurisdiction, this
Agreement is nullified and that superseding Order of Court shall be deemed merged
with this Agreement.
11. Medical Insurance. Husband agrees to maintain health, dental, and eye
insurance for the children as long as he maintains his present employment.
12 Medical Bills Parties agree to share and pay equally all medical, dental and
optometric bills of the children not covered by Husband's health insurance. Husband
agrees to pay the orthodontic bill for Julianne in full. If Cindy requires orthodontics, the
cost not covered by insurance will be shared equally between parties.
13 Education. Husband and Wife mutually represent that their children may
wish and desire formal education beyond normal high school completion. Both parties
hereto shall contribute, in proportion to their financial ability to do so at the time of
such formal education, and taking into consideration the children's own income, assets,
and college financial aid, to the direct costs of such education, including but not limited
to tuition, room and board, other living expenses, transportation, and books of the child.
The term "formal education' shall mean college (four years of undergraduate study), or
other legitimate and reasonable formal vocational or other education following high
school. Husband shall, however, have the right to make payment directly to the college
or other educational institution and need not make such payments to or through Wife.
14 Alimony Pendente Late, Counsel Fees and Expenses. Husband and Wife
acknowledge and agree that the provisions of the Agreement providing for the
equitable distribution of marital property of the parties is fair, adequate and satisfactory
to them. Both parties shall accept the provisions set forth in this Agreement in lieu of
and in full and final settlement and satisfaction of all claims and demands that either
may now or hereafter have against the other for alimony pendente lite, counsel fees or
expenses, or any other provision for their support and maintenance before, during and
after the commencement of any proceedings for divorce or annulment between the
parties. Each party shall be responsible for his or her own counsel fees, and each
agrees to indemnify, defend and save the other harmless from any action commenced
against the other for alimony pendente lite, counsel fees and/or expenses.
15 Divorce. A Complaint in Divorce has been filed to No. 99-7567 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 201(c) 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 the Agreement
by the proceeding party, there shall be no defense to such action asserted.
16. Time of Distribution. The assets and interests to be transferred under and
pursuant to the Agreement shall be conveyed and transferred to the respective parties
immediately upon the execution of this Agreement. All spousal support and other such
obligations, including alimony, shall immediately terminate. The parties shall cooperate
by executing whatever documents are necessary to effectuate a divorce under Section
201(c) or 201 (d) of the Pennsylvania Divorce Code, and this Agreement to cooperate
shall be enforceable by an assumpsit action for specific performance. However, upon
refusal to consent, all distributed property shall be returned to the party originally in
possession, until the time of final decree.
17 Release. Subject to the provisions of the Agreement, each party has
released and discharged, and by the Agreement does for himself or herself, and his or
her heirs, legal representatives, executors, administrators and assigns, release,
indemnify (including actual legal fees) and discharge the other of and from all causes
of actions, claims, rights, or demands, whatsoever in law or equity, including equitable
distribution, spousal support, alimony, counsel fees, alimony pendente lite, and
expenses which either of the parties against the other ever had, now has, or may have
in the future under the Pennsylvania Divorce Code, as amended, or under any other
statutory or common law, except any and all causes of action for divorce and all causes
of action for breach of any provisions of the Agreement. Each party also waives his or
her right to request marital counseling, pursuant to Section 202 of the Divorce Code.
18 Waivers of Claims Against Estates. 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 have 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 marital relationship, including without limitations,
dower, curtsey, statutory allowance, widows allowance, right to take in intestacy, right
to take against the Will of the other, and right to act as administrator or executor of the
other's estate, and any right existing now or in the future under the Pennsylvania
Divorce Code as amended from time to time, 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 interests,
rights and claims.
19. Rights on Execution. Immediately upon the execution of this Agreement,
the rights of each party against the other, despite their continuing marital status, shall
terminate and be as if they were never married.
20. Breach. In the event of breach of any of the terms of this Agreement, the
nonbreaching party shall be paid, as part of any award or judgment against the
breaching party, all costs, including actual counsel fees paid to his or her attorney.
21. Incorporation in Final Divorce. The terms of this Agreement shall be
incorporated, but shall not merge, in the final divorce decree between the parties. This
Agreement shall survive in its entirety resolving the spousal support, alimony, property
and other interests and rights of the parties under and pursuant to the Divorce Code of
the Commonwealth of Pennsylvania. 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 obligations 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.
22. 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 that may be reasonably required to give full force and effect t the
provisions of the Agreement.
23. Separability. In case any provision of this Agreement should be held to be
contrary to, or invalid under, the law of any country, state or other jurisdictions, such
illegality and invalidity shall not in any way affect the other provisions hereof, all of
which shall continue, nevertheless, in full force and effect, and each paragraph herein
shall be deemed to be a separate and undisputed covenant and agreement.
24. Entire Agreement. This Agreement contains the entire understanding of
the parties and there are no representations, warranties, covenants and undertakings
other than those expressly set forth herein. Husband and Wife acknowledge and agree
that the provisions of the Agreement with respect to the distributions and division of
marital and separate property are fair, equitable and satisfactory to them, based on the
length of their marriage and other relevant factors which have been taken into
consideration by the parties. Both parties hereby accept the provisions of the
Agreement with respect to the division of property in lieu of and in full and final
settlement and satisfaction of all claims and demands that they may now have or
hereafter have against the other for equitable distribution of their property by any court
of competent jurisdiction pursuant to Section 401(d) of the Divorce code or any other
laws. Husband and Wife each voluntarily and intelligently waive and relinquish any
right to seek a court ordered determination and distribution of marital property, but
nothing herein contained shall constitute a waver by either party of any rights to seek
the relief of any court for the purpose of enforcing the provisions of the Agreement.
25. Modification and Waiver. A modification or waiver of any of the provisions
of the 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 the provisions of this Agreement shall not be construed as a waiver of any
subsequent default of the same or similar nature.
26. Intent. It is the intent of the parties by this Agreement to fully and finally
foreclose any resort to the courts for relief on the basis of any statute or case law
presently existing or which may exist at some time a in the future within the
Commonwealth of Pennsylvania, including but not limited to equitable distribution,
alimony and other relief under the Pennsylvania Divorce Code, as amended. This
Agreement has bee n drafted and accepted on the basis that such resort would
constitute a breach under the Agreement, entitling then nonbreaching party to
reimbursement for actual counsel fees. Other than as provided by the terms of the
instrument, it is intended that the court shall treat the parties as if they had never
entered into a marital relationship. This Agreement shall be interpreted and governed
by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent,
the terms of this instrument shall govern.
27. Voluntary Execution. The provisions of the Agreement and their legal
effect have been fully explained to the parties by their respective counsel, and each
party acknowledges that the Agreement is fair and equitable, that it is being entered
into voluntarily, with full knowledge of the assets of both parties, and that it is not the
result of any duress or undue influence. j The parties acknowledge that they have been
furnished with all information relating to the financial affairs of the other which has been
requested by each of them or by their respective counsel.
28. 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.
29. Agreement Binding on Heirs. This Agreement shall be binding and shall
inure to the benefit of the parties hereto, and their respective heirs, executors,
administrator, successors and assigns.
30. 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.
IN WITNESS WHEREOF, the parties have hereunto set their hands and seals
the day and year first above written.
WITNESS:
Deborah H. Fatula
A bl F(ac?uo
Michael R. Fatula
Appendix "A"
Personal Possessions For Deborah
Blue and White Recliner Couch Kid's Table and Chairs
Play Kitchen and Play Food One (1) Tray Table
Rocking Chair Most of the Books
Toaster Oven Blender
Mr. Coffee Buffet (part of dining suite)
Lamps (with brass base) Some Toys for both girls (Deb's
Book Shelves and Books from both girls' Rooms Choice)
Dining Room Table and six (6) Chairs China Cabinet
Light Wood Dresser w/ Mirror from Juli's room Box Spring, Mattress, Metal Frame
Book Selves and Books Beanie Baby Shelves from both girl's
Cindy's Box Springs and Mattress Rooms
Dresser from Cindy's Room TV/VCR and Stand
Chest of Drawers from Deb's Room Lamps from Deb's Room
CD Player Bagging Lawnmower
Metal Ladder Jig Saw and Sander
Cordless Drill and Screwdriver Some Hand Tools
Electric Staple Gun Glue Gun
Plants Outdoor Plastic Table and Chairs
Outdoor Lounge Chair Sand Box
Tether Ball Kids' Bikes and Helmets
Canoe, Paddles, and Seatbacks Two (2) adult, two (2) child PFDs
Two (2) tents (Blue & white and Kid's Kat tent) Screen House
TV and VCR from Mike's Room Computer
Cedar Blanket Chest Two (2) Chairs from Mike's Room
Pink Arm Chair Red Luggage Set
All Plastic Shelves Two (2) Filing Cabinets
Freezer Wood Table and Chair from
Black Arm Chair and Footrest Basement
Boxes of Kids' Clothes (Hand-me-downs) Table from Laundry Room
Two (2) Shelves under Laundry Room Window Sewing Machine and Notions
Kids' Crafts and Kits, etc.
Dust Buster
Also Deborah will take both cats and all the goldfish
r9111,
?44-
Personal Possessions for Michael
Brown Plaid Sofa Bed End Table
Two (2) Tray Tables
TVNCR and Stand Radio/Tapeplayer
Rolltop Desk
Kitchen Table and four (4) Chairs Refrigerator
Living Room Couch
Little Coffee Maker Coffee Table
Two (2) Arm Chairs
Two (2) Living Room End Tables
ite Purchaser at Auction in Ju
S Piano
li's Room, Including Headboard,
u
Antique Bedroom
Dresser, Vanity and Mirror
King Size Bed and Headboard, Dresser and Two (2) End Tables purchased at Auction in
Deb's Room Extension Ladder
Propelled Lawnmower Circular Saw
Small Wooden Ladder Some Hand Tools
Corded Drill
Non-Electric Staple Gun Swing Set
Porch Swing and Stand
Pool ( 18 feet by 4 feet) Small Canoe and Motor
Mike's Bike
Seventeen (17) foot Polar Boat and Motor
Sailboat
The Oak Bedroom Set in Mike's
PFDs All other Life jackets, Room including bed, headboard
Cradle (to keep for kids) ) chest of drawers and nightstand
Desk
Tan Luggage Set
Washer and Dryer
Mike will also keep the two (2) bunnies
Exercise Machine
Kenmore Vacuum
W?
Appendix "B"
THE C J AVER (June to AugU4
Mother will pick them up from summer programs and feed them dinner and Father will
pick them up for bed and deliver them to their programs.
Children will sleep over at Mother's on alternate weekends
Children will spend either two (2) consecutive weeks or two one (1) week periods with
Mother for her vacation. These dates must be agreed upon at least one (1) week in
advance.
Father will pick up children from school or day care and feed them dinner. In the event of
extra-curricular activities, which are to encouraged by both parents, Mother will pick them
up after the activity concludes and take them to her house.
Mother will pick them up from Father ( or extra-curricular activity ) and they will spend
most nights with Mother, but will spend some weeks or long weekends with Father (to be
mutually agreed ).
On alternate weekends (Thursday to Sunday), the children will sleep over at Father's
house.
In the years ending in odd numbers, Father will have custody for the holidays: a, c, a and
g, notated as follows:
a. New Year's Day f. Halloween
b. Valentine's Day g. Thanksgiving
c. Memorial Day
d. July 4th
e. Labor DayI
On the even numbered years, Mother will have custody for those holidays. On even
numbered years, Father will have custody for the above notated holidays: b, d, and f. This
schedule is designed to permit each parent to alternate years for each of these seven (7)
holidays and to allow each parent four (4) holidays on alternate years.
Both children will spend Mother's Day with Mother and Father's Day with Father,
notwithstanding whose weekend visit is scheduled.
As to Christmas and each child's birthday, on even years the child will spend the first half
(until 2:00 PM) with the Mother and the remainder with the Father. This schedule shall
reverse on odd numbered years.
The remaining of the Christmas holiday from school, custody shall be divided as per
parties' mutual agreement.
Any additional holidays, when the children are off school and Father has a work holiday,
will be spent with Father.
ADDITIONAL CONSIDERATIONS
Both parents shall remain flexible and re-arrange custody schedules to adapt to special
circumstances (i.e. weddings, funerals, reunions etc.)
Both parents will use the other as first choice for baby-sitter
Any material variation in the above schedule must be mutual and agreed upon reasonably
in advance the circumstance.
l? r
?nY
MICHAEL M FATULA, IN THE COURT OF COMMON PLEAS of
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V. No. 99 - 7567
DEBORAH J. FATULA, CIVIL ACTION - DIVORCE
Defendant
PRAEC/PR to TRANSMIT RECORD
TO THE PRONTHONOTARY:
Kindly transmit the record, together with the following information to the Court
for entry of a Divorce Decree:
1. Ground for divorce: Irretrievable Breakdown under Section 3301(c) of the
Divorce Code
2. Date and Manner of Service of the Complaint: Personal Service on
December 21, 1999
3. Date of Execution of Affidavit of Consent required pursuant to Section 3301(c)
of the Divorce Code:
a. By Plaintiff: August 31, 2000
b. By Defendant: August 31, 2000
4. Related Claims Pending: All outstanding economic issues have been resolved
between parties outside the above Divorce action
5. Date of Plaintiff's Waiver of Notice in Section 3301(c) Divorce filing with
Prothonotary: August 31, 2000
6. Date of Defendant's Waiver of Notice in Section 3301(c) Divorce filing with
Prothonotary: August 31, 2000
Respectfully Submitted,
THE LAW OFFICES of JOHN M. GLACE
i
ohn . Glace, Esquire
upre Court I.D. 23933
132-134 V1?alnut St eet, Harrisburg PA 17101-1612
/ 1 (7UI) 238-5515
ey for Plaintiff
_ __ ,..
J ??
?. l ?.
i-
_
> _
1 r,l
G'; !ice
:} CJ
JORK•M. GIACE
ATTORNEY AT LAW
132-134 WALNUT STREET
HARRISBURG, PENNSYLVANIA 17101
MICHAEL R. FATULA : IN THE COURT OF COMMON PLEAS
Plaintiff OF CUMBERLAND COUNTY,
PENNSYLVANIA
VS. No. q Q , -?IS``7
DEBORAH J. FATULA, CIVIL ACTION - DIVORCE
Defendant
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend yourself 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 in divorce or
annulment may be entered against you for any claim or relief requested in these papers by
the Plaintiff. You may lose money or property or other rights important to you, including
visitation of your children.
When the grounds for divorce is indignities or irretrievable breakdown of the
marriage, you may request counseling. A list of marriage counselors is available in the
office of the Court Administrator, Fourth Floor, Cumberland County Courthouse,
Carlisle, PA.
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF
PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR
ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF
THEM.
YOU SHOULD TAKE THIS PAPER TO A 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(
Fourth
COURT
TOR'S OFFICE
land C ty Courthouse
se Square
PA. 17013
17)
MICHAEL R. FATULA, IN THE COURT of COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V.
?s? •-
No. i ? 17. T
DEBORAH J. FATULA,
Defendant CIVIL ACTION - LAW
IN DIVORCE
AND NOW this day of December, 1999 comes Plaintiff MICHAEL R. -:A FATULA, by and through his attorney, John M. Glace, Esquire, and seeks to obtain a
Divorce upon the grounds hereinafter more fully set forth:
1. The Plaintiff MICHAEL R. FATULA is an adult individual and citizen of the
United States who resides and has resided for over two (2) years at 4309 Woodcrest
Lane, Camp Hill, Cumberland County, PA.
2. The Defendant DEBORAH J. ( Nee HURT) FATULA, is an adult individual
and citizen of the United States who has resides and has resided for over two (2) years at
4309 Woodcrest Lane, Camp Hill, Cumberland County, PA.
3. Plaintiff and Defendant were married in Ellicott City, Maryland on June 27,
1987.
4. Both Defendant and Plaintiff have been continuous residents of the
Commonwealth Pennsylvania and Cumberland County for more than six (6) months.
5. There have been no prior actions for Divorce or Annulment between parties in
Pennsylvania or any other jurisdiction.
6. Defendant and Plaintiff together have had two (2) children: JULIANNE
DEBORAH FATULA (DOB: 2/8/90) and CYNTHIA LUCY FATULA (DOB 1/11/94).
7. Neither party is a member of the United States Armed Forces nor of any of its
allies.
8. Defendant has been advised of the availability of counseling and her right to
request that this Honorable Court require both parties to participate in counseling.
9. Plaintiff avers that the marriage is irretrievably broken to Section 3301 (c) of
the Pennsylvania Divorce Code, Act 206 of 1990.
WHEREFORE Plaintiff KEVIN ALLEN HERB respectfully prays this Honorable
Court enter a Decree from the bonds of matrimony
RESPECTFULLY SUBMITTED.
THE LAW OFFICE of JOHN M. GLACE
Jon . Glace, Esquire
The La O c of John M. Glace
13 I al nut Street
Hams rg, PA 17101-1612
(717) 238-5515
Supreme Court ID# 23933
VERIFICATION
The Undersigned hereby verifies that the facts averred in the foregoing Complaint
in Divorce are true and correct to the best of his knowledge, information, and belief.
This verification is made subject to the penalties of 18 Pa. C.S.A., Section 4904
relating to unsworn falsification to authorities.
PC 1('9 / ?-? 7
Date
Michael Robert Fatula
iy
Q L
r.
0
C:
lJ
:.J
n_
JOHN M.,GLACE
ATTORNEY AT LAW
132-134 WALNUT STREET
HARRISBURG, PENNSYLVANIA 17101
MICHAEL R. FATULA, IN THE COURT OF COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
No. 99 - 7567 CIVIL TERM
V.
DEBORAII.L FATULA, CIVIL ACTION - DIVORCE
Defendant
RETURN OF SERVICE
The undersigned hereby certifies that, on the date below written , service of the
Complaint in Divorce the above-captioned action was made upon Defendant, above
named, pursuant to the provisions of Pennsylvania Rules of Civil Procedure, Rules 403
and 404 by personal service by the undersigned counsel:
DEBORAH J. FATULA
4309 Woodcrest Lane
Camp Hill, PA 17011
The executed Acceptance of Service evidencing delivery of the Complaint is attached
hereto as Exhibit 'A,,
The undersigned further avers that he is a competent adult individual and that the
averments of this Return of Service are true and correct to the best of his personal
knowledge, information, and belief.
z' Zi /See
DATE OF SERVI E
MICHAEL R. FATULA
Plaintiff
VS.
DEBORAH J. FATULA,
Defendant
IN THE COURT OF COMMON PLEAS
' OF CUMBERLAND COUNTY,
PENNSYLVANIA CL `?
No. vt I IQV?
CIVIL ACTION - DIVORCE
Acceptance of Service
I, Deborah J. Fatula, above ? named Defendant, accept personal service of the certify that I have done so
Divorce illingly and with full knowledge theco equences and ramifications of such acceptance.
w
12,121 191
Date
0-1/b 8f rdh)gio-
Deborah J. Fatula
Exhibit "A"
-?
?_
' `
•,
;,:
'
;
;,
,-
_,. _--?
.,. _ _ s
? ?,
MICHAEL R. FATULA, IN THE COURT of COMMON PLEAS,
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V.
DEBORAH J. FATULA, No. 99 - 7567 CIVIL TERM
Defendant
CIVIL ACTION - DIVORCE
.Affidavit of Consent
1. A Complaint in Divorce was filed under Section 3301 (c) on December 20, 1999 and
served on December 21, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the filing and service of the Complaint.
3. 1 consent to the entry of a final Decree in Divorce without notice
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.
5. I have been advised of the availability of marriage counseling and I understand that I
may request that the Court require that my spouse and I participate in counseling prior to
a Decree in Divorce being handed down by the Court.
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of IS Pa. C. S., Section 4904
relating to unsworn falsification to authorities.
,c,F zl 6,006)
Date?
A LUA?-
Michael R. Fatula
,_
.;,
?: V
J
L'. :')
_ ?? Cq
r _ :.: `%
?_?;'?Ti
c: _??i
?:;
.? _i
'-' :]
MICHAEL R. FATULA, IN THE COURT of COMMON PLEAS,
Plaintiff CUMBERLAND COUNTY,
PENNSYLVANIA
V.
DEBORAH J. FATULA, No. 99 - 7567 CIVIL TERM
Defendant
CIVIL ACTION - DIVORCE
Affidavit of Consent
1. A Complaint in Divorce was filed under Section 3301 (c) on December 20, 1999 and
served on December 21, 1999.
2. The marriage of the Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the filing and service of the Complaint.
3. I consent to the entry of a final Decree in Divorce without notice
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.
5. I have been advised of the availability of marriage counseling and I understand that I
may request that the Court require that my spouse and I participate in counseling prior to
a Decree in Divorce being handed down by the Court.
I verify that the statements made herein are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904
relating to unswom falsification to authorities.
Date
/1 bore
Deborah J. Fatula
r?
1 ii"
_,? _
?' -:
L•J J lid
? ??.
;`. -, _i
?? ;_)
MICHAEL R. FATULA, IN the COURT of COMMON PLEAS
Plaintiff CUMBERLAND COUNTY,
V. PENNSYLVANIA
No. 99 - 7567 CIVIL TERM
DEBORAH J. FATULA,
Defendant CIVIL ACTION - DIVORCE
Waiver of Notice of Intention to Request
Entry of a Divorce Decree Under
Section 3301 (c) of the Divorce Code
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after that Decree is
filed with the Prothonotary.
I verify that the statements herein are made are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904
relating to unsworn falsification to authorities.
y'I c 6 i:,J ? I , i. COQ o
Date ?-
Michael R. Fatula
. - I
MICHAEL R. FATULA,
Plaintiff
V.
DEBORAH J. FATULA,
Defendant
IN the COURT of COMMON PLEAS
CUMBERLAND COUNTY,
PENNSYLVANIA
No. 99 - 7567 CIVIL TERM
CIVIL ACTION - DIVORCE
"Waiver of Notice of Intention to Request
Entry of a Divorce Decree Under
Section 33ot (c) of the Divorce Code
1. I consent to the entry of a final Decree in Divorce without notice.
2. I understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
3. I understand that I will not be divorced until a Divorce Decree is entered by the
Court and that a copy of the Decree will be sent to me immediately after that Decree is
filed with the Prothonotary.
I verify that the statements herein are made are true and correct. I understand that
false statements herein are made subject to the penalties of 18 Pa. C. S., Section 4904
relating to unworn falsification to authorities.
tlSf 17 ZDO ?!lr6tl atk&
Date Deborah J. Fatula
?'
'.f 3
_,
?"-
1
.'j
?. 1 J
am
L
.
__• J