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HomeMy WebLinkAbout01-6192 ROBERT S. NATALIE, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW IN DIVORCE POppy J. NATALIE, Defendant . . 01 -OJtlfJ, NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed against you and a decree in 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 with your children. When the grounds for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the prothonotary at the Cumberland county Courthouse, Carlisle, pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 (717) 249-3166 . ~ By~J(l . A drew C. Sheely, Esquire PA. I.D. No. 62469 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 717 697-7050 Attorney for plaintiff Andrew c. sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA 1D NO. 62469 717-697-7050 (Phone) 717-697-7065 (FaX) ROBERT S. NATALIE, Plaintiff IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : vs. : CIVIL ACTION - LAW IN DIVORCE : POPPY J. NATALIE, Defendant : 01 - is \ q :l COMPLAINT 1. Plaintiff is ROBERT S. NATALIE, an adult individual who currently resides at 405 Meadow Lane, Shermans Dale, Pennsylvania, 17090. 2. Defendant is POppy J. NATALIE, an adult individual who currently resides at 2 Pheasant Court, Mechanicsburg, Cumberland County, pennsylvania, 17055. 3. Plaintiff and Defendant have been bona fida residents of the Commonwealth 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 annulment between the parties. 6. Neither party is a member of the armed forces of the United States of America. 7. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. 8. Defendant has maintained in her possession the majority of all marital, personal property. 9. The marriage between the parties is irretrievably broken. 10. The parties separated prior to July 1, 2001. WHEREFORE, Plaintiff requests your Honorable Court to enter a decree in divorce divorcing Plaintiff and Defendant absolutely. COUNT II - CUSTODY 11. paragraphs 1 - 10 of this Complaint are incorporated herein as if set forth at length. 12. Plaintiff seeks the entry of a custody order involving the minor children, KELSEA NOEL NATALIE, D.O.B. December 31, 1992, and MEGHAN ELIZABETH NATALIE, D.O.B., December 4, 1996. 14. The parties previously resided together and are the natural parents of the children. 15. During the past year and through separation, the children resided with Plaintiff and Defendant at the former address at 39 Oneida Road, Shiremanstown (Lower Allen Township), Cumberland county, Pennsylvania. 16. Since separation, the children have resided with their mother, however, father has been given temporary partial physical custody every other weekend and some additional periods of time around such weekends. 17. Defendant initiated a custody complaint on or about August 2 1, 2001 and a conciliation conference was scheduled for October 3, 2001. 18. Defendant subsequently withdrew the custody complaint and Plaintiff has no knowledge of any other litigation concerning custody of the children in this or another court and Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. 19. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the children or claims to have custody or visitation rights with respect to the children. 18. An Order of Court is necessary to develop a routine period of custody along with holiday schedules and terms which address other important dates for custodial purposes. 19. The best interests and permanent welfare of the child will be served by ordering that both parties share legal custody of the child and directing that Defendant have primary physical custody of the child, with extensive periods of partial physical custody with Plaintiff, including holidays, Summer vacation and other important dates and events in addition to the regular custody schedule. 20. Plaintiff is a fit parent who can take care of the children and who can provide them with a supportive, safe and healthy environment. 21. Plaintiff is capable of insuring a supportive and loving environment for the children, a home with appropriate lodging and insuring that the children are afforded proper care. 3 WHEREFORE, ROBERT S. NATALIE, Plaintiff herein, respectfully requests that your Honorable Court enter a Custody Order which grants Plaintiff and Defendant joint legal custody, and which grants plaintiff shared physical custody with Defendant, or a significant period of partial physical custody. Date: October 2(,:" 2001 n rew C. Sheely, Attorney for Plaintiff Pa. I.D. No. 62469 127 S. Market Street, P.O. Box 95 Mechanicsburg, PA 17055 (717) 697-7050 4 VERIFICATION I verify that the statements made in this Complaint for Custody 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. Date: October J~ , 2001 -IUP J ID ROBERT S. NATALIE ~ ~ ~ 1..1') ~ --- '---D ~ ~ ~ ~ ::b 4- --.c b~ ~ ":%- ~- ~ ~ :) -.- ~ \/I ~ - ~ ~ 'j::> ~ r '< ;,.I ~Y'l g 'a Vl '"";:;) l[ ~ V) t' ~ n c <: _ vf;:; Q.J 1:.;.; ""-.... 2~(;' (fl ",.' -<; :: ~ r:-.::C:.- d';:C~ ~C, Pc:: Z ~ :b c, ~-l-~ = :-1 ~ 1"-...) ID I . ;I-'? :.! :.~~ ~~S -'----,1 :;,)i") is'!''l :';:'.~~ :1."7 -< ~-: -,:~ . , -'. '1' Andrew C. Sheely, Esquire 127 S. Market Street P.O. Box 95 Mechanicsburg, PA 17055 PA ID NO. 62469 717-697-7050 (Phone) 717-697-7065 (Fax) ROBERT S. NATALIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. : CIVIL ACTION - LAW POPPY J. NATALIE, Defendant 01-6192 CIVIL TERM IN DIVORCE AFFIDAVIT OF SERVING COMPLAINT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND ANDREW C. SHEELY, being duly sworn according to law, deposes and says that he caused a true and correct copy of the Divorce Complaint in the above-captioned matter to be served upon Poppy J. Natalie, by Certified Mail, Restricted Delivery, Return Receipt Requested, as indicated by the attached receipt cards, on October 30, 2001. ANDREW C. SHEELY SWORN to and subscribed before me 15r- this day of November, 2001. (L>>(~ Notary Public My Commission Expires :StpfemlJu 21/ 2M3 NOTARIAl SEAl ANN W. MARllN, Notary Public .......~l'dcsburg8oro. CllmberIand My COIIIlIll8sIOII &pires Sept. 29. 1'003 T - 0 0 C ~;~ ;,;r= '"U Cf/ C-"") n'lrr, ,;..- .- 2::x' I ,,' ZC'" , ~~I;: r'0 .' 9 ~c;: : --n :~.:;~ -;-i ~8 ~ C) r:- ~ I'll )>c ~ => .to.. \0 ~ r --. --... Mechanicsburg Main Post Office MECHANICS8URG, Pennsylvania 170553459 10/29/2001 (717)697-4641 05:22:33 PM Product Sa I es Rece I pt Sale Unit Final OescriPtlon Qty Price Price MECHANICS8URG PA 17055 $0.57 First-Class Return Receipt $1.50 Restricted Delivery $320 Certified $2'10 Label Serial N: 70011940000425998436 Issue PVI: $7.37 Total: Paid by: Check $7.37 $7.37 8111N: Clerk: 1000300578704 13 ----- Thank you for your buslnass _____ .,.""'..... ,.....- .._--.~o.-'h .,~.~ .__..J- . ..D fT1 ....~ 1100 " celT" IT" IT'" ITN U1 N~ o ~o 00 o cO ~ 0lT" =r'M IT" M'M '0 M 0 o f'- o F'- U S Postal ServIce - - CERTIFIEMD M1 OA~~y Rio~/~~~r~"ce Coverage provIded) (DomestIc al QEcilnchuRd PAQool postage $ $0. '57 0000 13 Certified Fee postmark H... Return Receipt Fee (Endorsement Required) Restricted Oellvery Fee (Endorsement RequIred) Total Posl&Qe & Fe.. $3.20 $ $7.37 10129/2001 . Complete Items 1, 2, and 3. Also complete Item 4 W Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. - . Attech this card to the beck of the mellplece, or on the front If space pennlts. 1. Article Addressed to: fbpP't ::r; "laW Le..- d-. Pheet0.n-G~-t '(Y1echonjCS~ ,fA /7Cl):) - 2. Article Number (Copy from service label) 7 CXJ / I CNn l"'Y': PS Fonn 3811, July 1999 t D Addressee ' OVes DNa 1 ) 3. Service Type If Cert~1ed Man o Reglstarod 01 o Express Mall D Return Receipt for Merchandise t( Ves 7001 1940 DD04~"~" .......1 ~m.; nt:J1UrIl n8CtJIpt lU'iOllo-oo-M-0952 . ROBERT S. NATALIE PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 01-6192 CIVIL ACTION LAW POppy J. NATALIE DEFENDANT IN CUSTODY ORDER OF COURT AND NOW, Wednesday, November 07, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. at 39 West Main Street, Mechanicsburg, PA 17055 on Tuesday, December 04, 2001 , the conciliator, at 10:00 AM for a Pre-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. All 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: Isl Dawn S. Sundt{]. Esq. Custody Conciliator f\r- .; 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 ATIORNEY AT ONCE. IF YOU DO NOT HA VB AN ATIORNEY 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 . ~ p.-2 ~ ~ IO-jk?-// ~ ? ~ ~)tj /p2 Jtl./1 ~rf ~_V>N' ~ -n /Dl'P-// \IlNIiAl},SNN3d JJ.NnOO Ci\\/lH381I1JnO LS:2 Hd g- {iON 10 ROBERT S. NATALIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6192 CIVIL ACTION LAW POPPY J. NATALIE, Defendant IN CUSTODY ORDER OF COURT AND NOW, this I),' day of "J).c.c ~ . 200 , upon consideration of the attached Custody Conciliation Report, it is ordered and directed as follows: 1. The Father, Robert S. Natalie, and the Mother, Poppy J. Natalie, shall have shared legal custody of Kelsea Noel Natalie, born December 31, 1992, and Meghan Elizabeth Natalie, born December 4, 1996. Each parent shall have an equal right, to be exercised jointly with the other parent, to make all major non-emergency decisions affecting the Children's general well-being including, but not limited to, all decisions regarding his health, education and religion. Both parties shall have equal access to all records pertaining to the Children, including medical and school records. 2. The Mother shall have primary physical custody of the Children. 3. The Father shall have partial physical custody of the Children on alternating weekends from Friday after school through Monday morning before school. In the event the Children have a school holiday on a Friday immediately preceding the Father's weekend period of custody, the Father's weekend period of custody shall begin on Thursday after school. In the event the Children have a school holiday on a Monday immediately following the Father's weekend period of custody, the Father shall retain custody of the Children until Tuesday before school. The alternating weekend schedule shall begin with the Mother having custody of the Children on Friday, December 7,2001. 4. The parties shall share or alternate having custody of the Children on holidays as follows: A. CHRISTMAS: The Christmas holiday shall be divided into Segment A, which shall run from Christmas Eve at 2:00 p.m. through Christmas Day at 2:00 p.m., and Segment B, which shall run from Christmas Day at 2:00 p.m. through December 26 at 2:00 p.m. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. \fIN\fillASNN3d ALN(]C)J !l\!rlHJ8!l\'nJ S'i:8 J"ld S I J30 /0 AeJ'ilO\,i:JI'(,_:> .:10 B. NEW YEARS: The New Years holiday shall be divided into Segment A, which shall run from 9:00 a.m. until 2:00 p.m. on New Years Eve, and Segment B, which shall run from 2:00 p.m. on New Years Eve through 2:00 p.m. on New Years Day. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. For purposes of this provision, the entire New Years holiday shall be deemed to fall in the same year as New Years Day. C. THANKSGIVING: The Thanksgiving holiday shall be divided into Segment A, which shall run from after school on the Wednesday before Thanksgiving through Thanksgiving Day at 3:00 p.m., and Segment B, which shall run from Thanksgiving Day at 3:00 p.m. through the following Friday at 3 :00 p.m. The Father shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Mother shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. D. EASTER: The Easter holiday shall be divided into Segment A, which shall run from the Saturday before Easter at 3:00 p.m. through Easter Sunday at 3:00 p.m., and Segment B, which shall run from Easter Sunday at 3:00 p.m. through the following Monday at 3:00 p.m. The Mother shall have custody of the Children during Segment A in even numbered years and during Segment B in odd numbered years. The Father shall have custody of the Children during Segment A in odd numbered years and during Segment B in even numbered years. E. MEMORIAL DAYILABOR DAY: The parent who has custody ofthe Children under the regular alternating weekend schedule during the weekend preceding Memorial Day and Labor Day shall retain custody ofthe Children through the Monday holiday. F. MOTHER'S DAY/FATHER'S DAY: In every year, the Mother shall have custody of the Children for the entire Mother's Day weekend and the Father shall have custody of the Children for the entire Father's Day weekend. In the event a party's period of holiday custody under this provision interferes with the other parent's regular weekend period of custody, the parties shall cooperate in scheduling a make-up weekend period of custody. F. The holiday custody schedule shall supersede and take precedence over the regular custody schedule. 5. During the summer school break each year, the Father shall be entitled to have custody of the Children for 4 weeks (with no more than 2 weeks to be scheduled consecutively) upon providing at least 30 days advance notice to the Mother. In addition, the Father shall be entitled to have custody of the Children for 1 continuous week during the school year upon providing 30 days advance notice. Unless otherwise agreed by the parties, the Children shall not be taken out of school for a period of custody under this provision. 6. In the event either party intends to remove the Children from his or her residence for an overnight period or longer, that party shall provide the other party with advance notice of the address and telephone number where the Children can be contacted. 7. The Father shall be entitled to contact the Children by telephone between 7:30 p.m. and 9:00 p.m. each evening. In the event the Children are not home at the time of the Father's call and the Father leaves a message and telephone number where he can be contacted, the Mother shall ensure that the Children return the Father's call as promptly as possible. 8. Neither party shall do or say anything which may estrange the Children from the other parent, injure the opinion of the Children as to the other parent, or hamper the free and natural development of the Children's love and respect for the other parent. Both parties shall ensure that third parties having contact with the Children comply with this provision. 9. This Order is entered pursuant to an agreement of the parties at a Custody Conciliation Conference. The parties may modify the provisions of this Order by mutual consent. In the absence of mutual consent, the terms of this Order shall control. BY THE COURT, cc: Andrew C. Sheely, Esquire - Counsel for Father Kirstin M. Sweigard, Esquire - Counsel for Mother .#4. J. ROBERT S. NATALIE, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-6192 CIVIL ACTION LAW POppy J. NATALIE, Defendant IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVIL PROCEDURE 1915.3-8, the undersigned Custody Conciliator submits the following report: 1. The pertinent information concerning the Children who are the subjects of this litigation is as follows: NAME DATE OF BIRTH CURRENTLY IN CUSTODY OF Kelsea Noel Natalie Meghan Elizabeth Natalie December 31, 1992 December 4, 1996 Mother Mother 2. A Conciliation Conference was held on December 4,2001, with the following individuals in attendance: The Father, Robert S. Natalie, with his counsel, Andrew C. Sheely, Esquire, and the Mother, Poppy J. Natalie, with her counsel, Kirstin M. Sweigard, Esquire. Date 3. The parties agreed to entry of an Order in the form as attached. fJ~-~~ Dawn S. Sunday, Esquire Custody Conciliator (); Ph....);vJ J, doc! I , ROBERT S. NATALIE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA v. NO. 01-6192 CIVIL TERM POppy J, NATALIE, DEFENDANT CIVIL ACTION - LAW MARITAL SETTLEMENT AGREEMENT This Agreement, made and entered into this E- day of m A jf(' J/l 2005, between Poppy J. Natalie, presently of Lackawanna County, Pennsylvania, hereinafter referred to as "Wife", and Robert S. Natalie, presently of York County, Pennsylvania, hereinafter referred to as "Husband". WHEREAS, the parties hereto are now Wife and Husband, having been lawfully married to each other on October 26,1991 in Norfolk, Virginia; WHEREAS, there have been two (2) children born of this marriage between Husband and Wife, to wit: Kelsea N. Natalie, born December 31, 1992, and Meghan E. Natalie, born December 4, 1996. WHEREAS, the parties hereto are now living separate and apart and desire to enter into an Agreement respecting their property rights, regardless of the actual separation or other character thereof and their other rights, including the Wife's right to support and maintenance; WHEREAS, both and each of the parties hereto have been advised of their legal rights and the implications of this Agreement and the legal consequences that may and will ensue from the execution hereof, and each has had the opportunity to consult with his or her own competent legal counsel independent of each other; -1- WHEREAS, each party warrants, as part of the consideration of this Agreement, that each has fully and completely disclosed all information of a financial nature requested by the other, and that no information of such nature has been subject to distortion or in any manner being misrepresented; and WHEREAS, other than as set forth herein, Wife desires finally and forever to relinquish all of her rights to be supported by the Husband and all of her right of dower, rights as heir or surviving spouse or otherwise, actual, currently existing, or inchoate, in and to the real and personal property of the Husband, now owned by him or which in the future may be owned by him, and all rights to alimony, alimony pendente lite, counsel fees, or expenses and other than as set forth herein, Husband likewise wishes to relinquish all his rights of curtesy, rights as heir or surviving spouse or otherwise, actual and currently existing or inchoate in and to the real and personal estate of the Wife, currently owned by her or which she may own in the future, and all rights to alimony, alimony pendente lite, counsel fees or expenses; NOW, THEREFORE, the parties hereto intending to be legally bound hereby do hereby mutually ai,'fee as follows: 1. Separation. Husband and Wife do hereby mutually agree and consent to live separate and apart and do further agree that it shall be lawful for the Husband and Wife at all times hereafter to live separate and apart from each other, and to reside, from time to time, at such place or places as they respectfully shall deem fit, free from any control or restraint or interference, direct or indirect, by each other. 2. No Molestation, Harassment or Interference. Neither party shall molest, harass or interfere with the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any means whatsoever. -2- 3. Mutual Property and Estate Waiver. Except as otherwise expressly set forth herein, in which event such express provision shall take precedence over this paragraph, the parties hereto intend that from and after the date of this Agreement, neither shall have any spouse's rights in the property or estate of the other, and to that end both parties waive, relinquish, and forbear the rights of dower or curtesy, rights to inherit, rights to claim or take the Husband or Wife's or family exemption or allowance, to be vested with letters of administration or letters testamentary, or to take against any will of the other, and each agrees with the other if either should die intestate, his or her share shall descend to vest in his or her heirs at law, personal representatives, and next of kin, excluding the other as though he or she had died a widow or widower. And each further agrees that should the other die testate, his or her property shall descend to and vest in those persons set forth in the other's Last Will and Testament as though the spouse so designated as beneficiary had predeceased the testator. The parties further agree that they may and can hereafter, as though unmarried, without any joinder by him or her, sell, convey, transfer or encumber any and all real estate and personal property which either of them now or hereafter own or possess and further agree that the recording of this Agreement shall be conclusive evidence to all of his or her right to do so. Each of the parties hereto further waives any right of election contained in Chapter 22 of the Pennsylvania Probate Estates and fiduciaries Code, and any right to seek or have an equitable distribution of married property ordered by the Court subsequent to Section 3502 of the Divorce Code. Each of the parties hereto further agrees that neither shall hereafter be under any legal obligations to support the other, pay any expenses for maintenances, funeral, burial, or otherwise for the other, and to that end each of the parties hereto does hereby waive any right to receive support, alimony, alimony pendente lite, counsel fees, expenses, or any type of financial assistance whatsoever from the other, except as otherwise expressly provided for herein. -3- 4. Child Custody. The parties have entered into an Agreement regarding the custody of their children at a custody conciliation conference and, as a result, the Agreement filed in the Court of Common Pleas of Cumberland County, Pennsylvania, at 01-6192 Civil Term, was made an Order of Court by the Honorable was made an Order of Court by the Honorable Kevin A. Hess on December 13, 2001, provided, however, that the parties agree that the meeting place for exchange of custody shall be the Cracker Barrel Restaurant located off of Exit 124A ofInterstate 81 in Pennsylvania. 5. Support A. Child Support. Husband shall pay to Wife the sum of $440.00 bi-weekly for the support of the parties' two minor children. The determination of this child support amount was made by the parties by mutual agreement and is not subject to modification absent a significant change in circwnstances. Specifically, Husband shall not be entitled to a reduction in the mutually agreed upon amount of child support unless his gross annual income should decrease by 20% or more from the prior calendar year or unless Wife's gross annual income should increase by 20% or more from the prior calendar year. However, any increase in Husband's income or any decrease in Wife's income shall entitle Wife to seek a modification pursuant to the terms of the Pennsylvania Rules of Civil Procedure. B. Medical Care for the Children. The parties' two minor children are presently provided health coverage through the Pennsylvania CHIPS Program. Any medical or dental expenses for the children not covered by the CHIPS Program shall be divided equally between the parties. In the event that the children should become ineligible for further participation in the CHIPS Program, the parties agree that the children shall be carried upon the employer sponsored medical insurance program provided to Husband, at Husband's -4- expense. In the event that coverage pursuant to an employer-sponsored medical insurance program provided to Husband is not available, and such a program is available to Wife, the parties shall enroll the children in the program available to Wife at Husband's expense. Wife agrees to pay one half of any yearly deductible under said plan. The parties further agree that any medical or dental expenses for the children not covered by insurance shall be divided equally between them. C. Childcare. The parties shall divide equally the expense incurred for summer day camp and for any after school program in which the children may be enrolled. Furthermore, the parties shall divide equally the expense of any clothing required to be purchased for the children to comply with school uniform and/or dress code requirements. D. College Education. In addition to the other payments set forth in this Agreement, Husband shall pay directly to the creditors one-half (1/2) of all application fees, tuition costs, fees, room and board, transportation costs and book expenses associated with the children's undergraduate educations at such vocational institutions or undergraduate colleges or universities as are reasonable and appropriate for the children. Husband's obligations with respect to undergraduate college educations shall cease as to each child upon such child's attaining age twenty-three (23), joining the armed services, or upon Wife's death, whichever first occurs. 6. Division of Personal Property. Except as otherwise provided herein, the parties agree that all items of personal property obtained by the parties during their marriage had been divided amongst the parties to their mutual satisfaction. Henceforth, each of the parties shall own, have and enjoy, independently of any claim of right of the other party, all items of personal property of every kind, nature and description and wheresoever situated which are now owned or held by or .5- which may hereinafter belong to the Husband or Wife respectively, with full power to the Husband or Wife to dispose of the same as fully and effectually in all respects and for all purposes as if he or she were unmarried. Furthermore, the Toyota Forerunner presently in the possession of Husband, but titled in both names, shall be the sole and separate property of Husband. The Toyota Corolla presently owned by Wife shall remain the sole and separate property of Wife. 7. Debts. The parties hereby agree that all marital debts have been equally apportioned between the parties and that, as of the date of this Agreement, there are no remaining joint debts. Each party shall be responsible for any existing debt that they have accrued in their own name. 8. Future Debts. The parties further agree that neither will incur any more further debts for which the other may be held liable, and if either party incurs a debt for which the other will be liable, that party incurring such debt will hold the other harmless from any and all liability thereof. 9. Waiver of Alimony. In consideration of the mutual agreement of the parties voluntarily to live separate and apart and the provisions contained herein for the respective benefit of the parties and other good and valuable consideration, the parties agree to waive any and all claims for any alimony. 10. Pension. Both parties agree to waive any claims they may have to any pension or employment benetits of any kind, earned during the marriage, by the other party. ll. Counsel Fees and Court Costs. The parties agree that each shall be responsible for all legal fees and court costs which they may incur in regard to the preparation of this Agreement, as well as the filing and resolution of the divorce action pending in the Court of Common Pleas of Cumberland County, Pennsylvania, captioned at No. 01-6192 Civil Term and the custody matter filed at the same number. -6- 12. Divorce. The parties acknowledge that an action for divorce between them has been filed by Husband and is presently pending between them in the Court of Common Pleas of Cumberland County to the caption Robert S. Natalie v. Poppy J. Natalie, NO. 01-6192 Civil Term. The parties acknowledge their intention and agreement to proceed in said action to obtain a final decree in divorce by mutual consent on the grounds that their marriage is irretrievably broken, and to settle amicably and fully hereby all claims raised by either party in the divorce action. 'The parties acknowledge they have executed simultaneously herewith the necessary Affidavits of Consent for the entry of a final divorce decree in that action. 13. Breach. In the event that either party breaches any prOVISIOn of this Marital Settlement Agreement, he or she shall be responsible for any and all costs incurred to enforce the terms hereof, including, but not limited 10, cOUli costs and reasonable counsel fees of the other party. In the event of breach, the other party shall have the right, at his or her election, to sue for damages for such breach or to seek such other and additional remedies as may be available to him or her. 14. Enforcement. The parties agree that this Marital Settlement Agreement or any part or parts hereof may be enforced in any court of competent jurisdiction. 15. Applicable Law and Execution. The parties hereto agree that this Marital Settlement Agreement shall be construed under the laws of the Commonwealth of Pennsylvania and shall bind the parties hereto and their respective heirs, executors and assigns. This document shall be executed as original and multiple copies. 16. The Entire Agreement. The parties acknowledge and agree that this Marital Settlement Agreement contains the entire understanding of the parties and supersedes any prior agreement between them. There are no other representations, warranties, promises, covenants or -7- understandings between the parties other than those expressly set forth herein. 17. Incorporation and Judgment for Divorce. In the event that either husband or wife at any time hereafter obtain a divorce in the action for divorce presently pending between them, or otherwise, this Agreement and all of its provisions shall be incorporated into, but shall not merge with, any such judgment for divorce, either directly or by reference. The Court, on entry of judgment for divorce, shall retain the right to enforce the provisions and terms of this Marital Settlement Agreement. 18. Additional Instruments. Each of the parties shall on demand or within a reasonable period thereafter, execute and deliver any and all other documents and do or cause to be done any other act or thing that may be necessary or desirable to effectuate the provisions and purposes of this Agreement. If either party fails on demand to comply with this provision, that party shall pay to the other all attorney's fees, costs, and other expenses reasonably incurred as a result of such failure. IN WITNESS WHEREOF, the parties have set their hands and seals the day and year first written above. ""WITNESS: , PY J IE ife . --t/-O /J~ ~ ROBERT S. NATALIE, Husband -8- .., ... COMMONWEALTH OF PENNSYLVANIA: COUNTY OF . 'Y-li Vile. On the J:L day of m~ If ("fA SS , 2005, before me, the undersigned officer, a Notary Public, personally appeared Poppy J. Natalie, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that she executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. NOTAlilAL SEAL MARGARET P. KELLEHER, NOTARY PUBLIC CITY OF SCRANTC' LACKAWANNA COUNTY MY COMMISSION [\['IP,ES NOVEMBER 12, 2007 ."~.. ..",...O~~"'" %z/fffr.uJJ (1 C'f1wJu NOTARY, UBLIC ( COMMONWEALTH OF PENNSYLVANIA: COUNTY OF 0.1~ ~ On the]/) ;( day of /'1j/U-~ . SS , 2005, before me, the undersigned officer, a Notary Public, personally appeared Robert S. Natalie, known to me or satisfactorily proven to be the person whose name is subscribed to the within instrument, and acknowledge that he executed the foregoing for the purpose therein contained. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. ....;\.:hvllvII..U'/.WV~r\:-rH Of PENNSY'LV~ NOTARIAL SEAL ROBERT J. GOLD, Notary Public Hampden Twp., Cumberland County . _.My Commission Expires July 10, '2fffl -9- (~. -~ -'.\ .--' ~. ,",< ~- cf"- - - ROBERT S. NATALIE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA V. NO. 01-6192 CIVIL TERM POppy J. NATALIE, DEFENDANT CIVIL ACTION - LAW AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 29, 2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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. Date S MAROS" C4-v~ POPPY J. NATALIE u SSN: lOt.. -1.8 - '+l.'i, : ....t' . ;. <, ~"',' ,\ ~, \ ~c- ~- en -- ., J '. 'r. ."'- .1'.' ~ \ ."., "\,,... I .~~,...~ ~ ROBERT S. NATALIE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-6192 CIVIL TERM POppy J. NATALIE, DEFENDANT CIVIL ACTION - LAW WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(c) OF THE DIVORCE CODE I. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDAVIT 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. 5 MAl{. ()5 Date " p~i. '2~ ~ ,. .- --: {..r" .... . , ROBERT S. NATALIE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-6192 CIVIL TERM POppy 1. NA T ALlE, DEFENDANT CIVIL ACTION - LAW AFFIDA VlT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on October 29,2001. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of the filing and service of the Complaint. 3. I consent to the entry of the final Decree of Divorce after service of notice of intention to request entry of the decree. I VERIFY THAT THE STATEMENTS MADE IN THE FOREGOING AFFIDAVIT 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 F ALSIFICA TION TO AUTHORITIES. (}.7 t1Mch ;;.M:) Date ~/~. ROBERT S. NATALIE SSN: 315'- 'ltJ- ;;-;J.O/ t~\, , >\~ '~J ,u .i,' -:..: ,~n ~. ROBERT S. NATALIE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-6192 CIVIL TERM POppy J. NATALIE, DEFENDANT CIVIL ACTION - LAW 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 of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce decree is entered by the Court and that a copy of the decree will be sent to me immediately after it is filed with the prothonotary. I VERIFY THAT THE STATEMENTS MADE IN THIS AFFIDA VII ARE TRUE AND CORRECT. I UNDERSTAND THA T FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF 18 Pa.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. )1 l'1rJ-fcA J.()OJ Date JZ;ls:? ~ ~ ROBERT S. NATALIE ('.>: ',~-;;, c, ' ';;.,,! / -' v',. -- -- .< (J:-; -' ----- - ROBERT S. NATALIE, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. NO. 01-6192 CIVIL TERM POPPY J. NATALIE, DEFENDANT CIVIL ACTION - LAW PRAECIPE TO TRANSMIT 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 Section 330l(c) of the Divorce Code. 2. Date and manner of service of the Complaint: Certified mail on October 30, 2001. 3. Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: March 29,2005; by Defendant: March 5, 2005. 4. Related claims pending: None. All related claims have been resolved pursuant to Separation Agreement and Property Settlement dated March 14,2005, which shall be incorporated by reference, but which shall not merge with the Divorce Decree entered in this matter. 5. Indicate date and manner of service of the notice of intention to file praecipe to transmit record, and attach a copy of said notice under Section 330l(d) of the Divorce Code: Waiver of notice executed by Plaintiff on March 29, 2005 and by Defendant on March 5, 2005. ~~ Date 1.0:>5 Respectfully submitted, Q -- ROBERT P. KLINE, ESQUIRE 714 Bridge Street Post Office Box 461 New Cumberland, P A 17070-0461 (717) 770-2540 Attorney for Defendant C" -~.' :"1'\ :~..J , -, en ~, . . . . . . ;t; ;f. ;f. ;+::+: . .. ~ ;f. ;f.;f. ~ ~;f.;f.~;f.;f.;f.;f.;f.;f. :f.;f. Of. :+::+::f:f;+::+::t. +;+; . ,AS : . . . . . . . . . IN THE COURT OF COMMON PL . OF CUMBERLAND COUNTY . . . . . . . . . . . PENNA. STATE OF ROBERT S. NATALIE i Ci'lil Term No. 01-6192 . . . . . . . . . . . . . . PL:AINTIFF VERSUS POppy ~. NATALIE DEFENDANT . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . "':+:;f.,. :+' DECREE IN DIVORCE S-'- 2005 /to/.1>>' , AND NOW, IT IS ORO RED AND ROBERT S. NATALIE DECREED THAT , PLAI N IFF, POppy ~. NATALIE AND , DEFEN DANT, ARE DIVORCED FROM THE BONDS OF MATRIMONY. THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS HICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDB HAS NOT YET BEEN ENTERED; Marital Settlement Agreement dated March 14, 2005 is h r~bv incorporated into, but shall not merge with, this Deer .. -,~ ~ ...:, J.. .... '- , , . --'-. ~,. "" , . ~ \. -, , -- 00:0.0:00.0 0.00.0.0.0.0 By THE COURT: J PROT ONOTARY . . :of. :+.:+::+::+::+::+.:f+: :+: :+::+: Of'" :+. '+: ++:+:;f.+ :+'++'f:f+ ++'+':+:;+::+::+ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . J. . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..' ry;7JIl ~ ~7''Pn: i'7lJ..?/L .;- /!}l--w~J ~;;l~ ".? '/ /1 ;c; t'J./ .