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HomeMy WebLinkAbout07-6916JENNI N. ROBERTSON, Plaintiff VS. CASEY A. ROBERTSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 : CIVIL ACTION - LAW : IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary, 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 LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Usted debe presentar una apariencia escrita o en persona o por abogado y archivar en la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y pueda entrar una orden contra usted sin previo aviso o notificacion y por cualquier queja o alivio que es pedido en la peticion de demanda. Usted puede perder dinero o sus propiedades o otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE 32 South Bedford Street Carlisle PA 17013 (717) 249-3166 a JENNI N. ROBERTSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. O 7- 6, f/ t, ,.. CASEY A. ROBERTSON : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNTI COMPLAINT FOR DIVORCE UNDER SECTION 3301(C) OR 3301(D) OF THE DIVORCE CODE AND NOW, comes the above-named Plaintiff, Jenni N. Robertson, by her attorney, Mark A. Mateya, Esquire, and seeks to obtain a Decree in Divorce from the above-named Defendant upon the grounds hereinafter more fully set forth. 1. Plaintiff is Jenni N. Robertson, an adult individual who currently resides at 105 Race Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. All legal papers may be served on Plaintiff by service on her Attorney, Mark A. Mateya, Esquire with a mailing address of P.O. Box 127, Boiling Springs, PA 17007. 3. Defendant is Casey A. Robertson, an adult individual who currently resides at 1818 Martin Luther King Bvd, No. 350, Chapel Hill, North Carolina 27514. 4. Plaintiff has been a bona fide resident of the Commonwealth for at least six (6) months immediately previous to the filing of this Complaint. 5. The Plaintiff and Defendant were married on September 14, 2002, in Boiling Springs, Cumberland County, Pennsylvania. 6. There have been no prior actions of divorce or for annulment of marriage between the Parties in this or any other jurisdiction. 7. The marriage is irretrievably broken. 8. Neither the Plaintiff nor the Defendant are members of the armed services of the United States or any of its allies. 9. 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. COUNT II CLAIM FOR EQUITABLE DISTRIBUTION OF MARITAL PROPERTY UNDER THE DIVORCE CODE 10. Plaintiff and Defendant are the owners of various items of real property, personal property, furniture and household furnishings that may be subject to equitable distribution by this Court. 11. Plaintiff and Defendant are the owners of various motor vehicles, bank accounts, investments, insurance policies and retirement benefits which may be subject to equitable distribution by this Court. WHEREFORE, Plaintiff requests the Court to enter a Decree: a. Dissolving the marriage between Plaintiff and Defendant; b. Equitably distributing all property owned by the parties hereto; C. In the event that a written Separation Agreement is reached between the parties hereto prior to the time of hearing on this Complaint, Plaintiff respectfully requests that pursuant to §304(a)(1) and (4) and §401(b) of the Divorce Code the Court approve and incorporate, but not merge such Agreement in the Final Divorce Decree; e. For such further relief as the Court may determine equitable and just. Respectfully submitted, Dated if -Z BY• k - 6<7 Mark A. Mateya Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff VERIFICATION I, Jenni N. Robertson, verify that the facts set forth in the foregoing Complaint for Divorce are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa.C.S. § 4904, relating to unsworn falsification to authorities. DATED: 11 D? ' l `J? J i N. Robertson r-s C? ?? ..JA 65 JENNI N. ROBERTSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. NO. CASEY A. ROBERTSON : CIVIL ACTION - LAW Defendant : IN DIVORCE COUNT III COMPLAINT FOR CUSTODY AND NOW, comes Petitioner, Jenni N. Robertson, by and through her attorney, Mark A. Mateya, and respectfully represents: 1. The Plaintiff is Jenni N. Robertson, who presently resides at 105 Race Street, Boiling Springs, Cumberland County, Pennsylvania 17007. 2. The Defendant is Casey A. Robertson, presently residing at 1818 Martin Luther King Bvd., No. 350, Chapel Hill, North Carolina 27514. 3. Plaintiff seeks custody of the following child: Name Present Residence Age D/OB Carly Robertson 105 Race Street, Boiling Springs, PA 2 Yrs 4. The child was not born out of wedlock. 4/18/05 5. The child is presently in the custody of Jenni N. Robertson, and presently resides at 105 Race Street, Boiling Springs, Cumberland County, Pennsylvania. 6. During the past five (5) years the child has resided with the following persons at the following addresses: a. From date of birth until May 2007, with Plaintiff and Defendant at 111 High Street, Carrboro, North Carolina. b. From May 2007 to the present with Plaintiff and Maternal Grandmother at 105 Race Street, Boiling Springs, Cumberland County, Pennsylvania. 7. The Father of the child, Casey A. Robertson, is currently residing at 1818 Martin Luther King Blvd., No. 350, Chapel Hill, North Carolina 27514, and he is married. 8. The Mother of the child is Jenni N. Robertson who is currently residing at 105 Race Street, Boiling Springs, Cumberland County, Pennsylvania, and she is married. 9. The relationship of the Plaintiff to the child is that of natural mother. The Plaintiff currently resides with the child. 10. The relationship of the Defendant to the child is that of natural father. The defendant currently resides with his girlfriend. 11. The Plaintiff has not participated as a parry or witness, or in another capacity in other litigation concerning the custody of the child in this or any other Court. 12. Plaintiff has no information of a custody proceeding concerning the child pending in any Court of this Commonwealth or any other state. 13. Plaintiff does not know of a person not a party to the proceeding who has physical custody of the child or claims to have custody or visitation rights with respect to the child. 14. The best interest and permanent welfare of the children will be served by granting primary physical custody of the child to Plaintiff because: a. Plaintiff is the natural mother of the child; b. Plaintiff has been a primary caregiver of the child from the time of the child's birth to the present; C. Plaintiff is able to provide a stable home for the child. -2- d. Defendant left the marital residence and began a relationship with another woman; e. Defendant has only been to Pennsylvania to visit with the Child on three (3) occasions since Plaintiff and Child relocated to Pennsylvania. WHEREFORE, Plaintiff requests this Honorable Court to schedule a custody conciliation at the Court's convenience. Respectfully submitted, IMark A. Mateya U Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs PA 17007 (717) 241-6500 Attorney for Plaintiff Dated: ( VERIFICATION I, JENNI N. ROBERTSON, verify that the facts set forth in the foregoing COMPLAINT FOR CUSTODY are true and correct to the best of my knowledge, information, and belief. I understand that false statements herein are subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. JE I N. ROBERTSON DATED: 1/ - / Z ^ D 7- -4- ca c?' cr JENNI N. ROBERTSON, Plaintiff VS. CASEY A. ROBERTSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6916 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE AFFIDAVIT OF SERVICE AND NOW, this 28th day of November, 2007, comes Mark A. Mateya, Esquire, Attorney for Plaintiff, who, being duly sworn according to law, deposes and says that: 1. A Complaint for Divorce and Custody was filed to the above term and number on November 16, 2007. 2. On November 16, 2007, a certified copy of the Complaint in Divorce and Custody was sent to the Defendant via certified mail, restricted delivery, return receipt requested pursuant to Pa. R.C.P. 1920.4. See the Receipt attached hereto as Exhibit "A" and incorporated herein by reference. 3. On November 16, 2007, a certified copy of the Complaint was set to the Defendant via first class mail, postage prepaid. A copy of the Certificate of Mailing is attached hereto as Exhibit "B" and is incorporated herein by reference. 4. On or about November 27, 2007, undersigned counsel for Plaintiff received the return receipt card signed by the Defendant on November 23, 2007. Said receipt is attached hereto as Exhibit "A" and is incorporated herein by reference. Respectfully submitted, A, Mark A. Mateya, E uire Attorney I.D. No. 78931 P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 (717) 241-3099 Fax Attorney for Plaintiff Ln ti M ru Postage $ 000t -r C3 Certtfled Fee 0 S P d R Fee eci O qu se ?? ired) ment Re (Endor 0 Restricted Delivery Fee O (Endorsement Required) 2. v Lrl Total Postage & Fees $ M 1=3 sent TT2/ rl- or PO ftx ft. ----- -- - - --------------- ii, P+4 PS Form 3800, June .2002 See Reverse for Instructions • Complete items 1, 2, and 3. Also complete A. SW hem 4 if Restricted Delivery is desired. ? Agent ¦ Print your name and address on the reverse 344 U Addreet.ee so that we cart return the card to you. B. Recelved t 7y Alsace Date of DsMwry ¦ Attach this card to the back of the malVeoe, -,ad I or on the front if space permits. 1. Article Addressed to: 1 ? Yes D. Is deYvery No If YES, enter address n? aft* iiiirff CASE /? f?oBf,?TS0?11 / ? N0V 2 Ti.V ,L uTll E.2. i?u1G• * 1550 a4APE,L g)LL iV C 47514 3. Service Type p(Ceffled Mail ? F: r .s. Mail ? Registered ? Return Receipt for mwdmxvw ? Inatxed and ? C.O.D. 4. Resbicted Delivery? (Extra Fee) of yes 2. Article Number rAansWfromMVV1celabel) 7003 0500 0004 2325 9161 PS Form 3811, February 201014 Dornsatic Return Receipt 102595.02-M-1540 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: d O !a `1 of LiA) G A X7607 One piece of ordinary mail addressed to: e,46Ev A . '??oBccr6au ?? 14 AAA, '14 I LL ?J?_ a 7?? 4 PS Form 3817. Mar. 1989 O D O b w O ? p ti T M W 0 o :z r c C) 40 II-+ crnclcn=)? o V ' ?J 2 D cn ? m D a" C::;::4 S "fl co 'a .u? os ?ooa ? JENNI N. ROBERTSON, Plaintiff V. CASEY A. ROBERTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6916 CIVIL ACTION LAW IN CUSTODY ORDER OF COURT AND NOW this 3' day of 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered an Directed as follows: 1. Legal Custody: The Father, Casey A. Robertson, and the Mother, Jenni N. Robertson, shall have shared legal custody of Carly Robertson, born 4/18/05. The parties shall have an equal right to make all major non-emergency decisions. affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 Pa.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To the extent one parent has possession of any such records or information, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use to the other parent. 2. Physical Custody: Mother shall have primary physical custody of the Child subject to Father's partial physical custody as follows: a. Father shall have two (2) non-consecutive weeks in the summer. Father shall give Mother thirty (30) days advance written notice of the dates he wishes to have the child. b. Father shall have one (1) week of physical custody in the Spring. Father shall give Mother thirty (30) days advance written notice of the dates he wishes to have the child. Father shall also have one week (1) of physical custody in the Fall. Father shall give Mother thirty (30) days advance written notice of the dates he wishes to have the child. C. Christmas shall be split into two blocks, Block A and Block B. Block A shall be from December 16 - December 23 and Block B shall be from December 23 - 30. Father shall have Block B and Mother has Block A in alternating years, starting with Father having Block B in 2008. d. Father shall have the option of having one full week of physical custody for Thanksgiving as can be mutually agreed and arranged. Father shall give Mother thirty (30) days advance notice of this vacation week. e. All other major holidays and the Child's birthday shall be mutually agreed to by the parties. f. Father shall have physical custody at such other times as mutually agreed upon 3. Transportation: The Mother and Father shall share the transportation for the custody exchanges as outlined in paragraph 2 (a-e). The parties shall meet in Ashland, Virginia at an agreed upon location; said location is approximately half way between Mother and Father's current residences. It is specifically understood that should Father desire to exercise additional periods of custodial time as outlined in paragraph 2 (f), Father shall make all reasonable efforts to travel to Mother's residence for said periods of custodial time. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. Telephone contact between the non-custodial parent and the child shall be liberal and reasonable as the parties may agree. 8. This Order is entered pursuant to 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. The parties are directed to contact the assigned Conciliator to schedule a status update conference as necessary. Distribution: Mark Mateya, Esquire Jane Adams, Esquire John J. Mangan, Esquire ?ca ? E,s m?,c P By the Court, 01 :9 WV L- NV OOOZ NHS. JO JENNI N. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA V. No. 07-6916 CIVIL ACTION LAW CASEY A. ROBERTSON, IN CUSTODY Defendant CUSTODY CONCILIATION SUACKARY REPORT IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIVII. PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report: 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Carly Robertson 4/18/05 Mother 2. A Conciliation Conference was held with regard to this matter on December 19, 2007 with the following individuals in attendance: The Mother, Jenni N. Robertson, with her counsel, Mark Mateya, Esq. The Father, Casey A. Robertson, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of an Order in the form as attached. Date John . gan, Esquire Cust dy onciliator JENNI N. ROBERTSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-6916 CIVIL TERM CASEY A. ROBERTSON : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) or (d) of the Divorce Code was filed on November 16, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. nni N. Robertson DATED: Plaintiff ?'?? ?? c= ` a C n C .= '.. i c/) , F ; l JENNI N. ROBERTSON, Plaintiff VS. CASEY A. ROBERTSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6916 CIVIL TERM CIVIL ACTION - LAW IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE ? ?" ?/z J Robertson laintiff C -r1 r. s f= = r-a crl 5 o Cs, JENNI N. ROBERTSON, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07-6916 CIVIL TERM CASEY A. ROBERTSON : CIVIL ACTION - LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301( c) or (d) of the Divorce Code was filed on November 16, 2007. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of filing and service of the Complaint. 3. I consent to the entry of a final decree in divorce after service of notice of intention to request entry of the decree. I verify that the statements made in this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. v l.? Casey A. b on a? Defendant DATED: t"? c'_ ?? , -. 7' ? _? w? ^!^; '..: ?:?e:..: - ? ? _? ? :." ?..' ..2,.? i? ?..».> _ _ 2 i'e e.,. { emu,',: .-u ?? '.`"d. JENNI N. ROBERTSON, Plaintiff VS. CASEY A. ROBERTSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-6916 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER $ 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 affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. § 4904 relating to unsworn falsification to authorities. DATE s '0 0 "ClIC 1U2111L C:D 4 i co F. • JENNI N. ROBERTSON, Plaintiff VS. CASEY A. ROBERTSON Defendant • : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07 - 6916 : CIVIL ACTION - LAW : IN DIVORCE SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT made this Aq,# day of attla-dt , 2008, by and between Jenni N. Robertson, of Boiling Springs, Cumberland County, Pennsylvania, party of the first part, hereinafter referred to as "Wife," AND Casey A. Robertson, of, Chapel Hill, North Carolina, party of the second part, hereinafter referred to as "Husband," WITNESSETH: WHEREAS, Husband and Wife were married on September 14, 2002, in Boiling Springs, Cumberland County, Pennsylvania.; and WHEREAS, Wife is a resident of the Commonwealth of Pennsylvania and has been so for at least the past six months; WHEREAS, certain differences have arisen between the parties hereto which have made them desirous of living separate and apart from one another; and WHEREAS, Husband and Wife desire to settle and determine certain of their marital rights and obligations, and make an equitable distribution of their marital property, determine their rights to alimony and support and any other matters which may be considered under the Divorce Code; and Page I of 15 r? WHEREAS, it is the intention and purpose of this Agreement to set forth the respective rights and duties of the parties while they continue to live apart from each other and to settle all financial and property rights between them; and WHEREAS, the parties hereto have mutually entered into an agreement for the division of their jointly owned assets, the provisions for the liabilities they owe, and provisions for the resolution of their mutual differences, after both have had full and ample opportunity to consult with attorneys of their respective choice, the parties now wish to have that agreement reduced to writing. NOW, THEREFORE, the parties hereto in consideration of the mutually made and to be kept promises set forth hereinafter and for other good and valuable consideration, and intending to be legally bound and to legally bind their heirs, successors, assigns, and personal representatives, do hereby covenant, promise and agree as follows: ARTICLE I SEPARATION 1.1 It shall be lawful for 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 shall respectively deem fit free from any control, restraint, or interference, direct or indirect, by each other. Neither party shall molest the other or compel or endeavor to compel the other to cohabit or dwell with him or her by any legal or other proceedings. The foregoing provisions shall not be taken to be an admission on the part of either Husband or Wife of the lawfulness of the causes leading to them living separate and apart. Page 2 of 15 • ARTICLE II DIVORCE 2.1 • This Agreement is not predicated on divorce. It is specifically understood and agreed by and between the parties hereto that each of the said parties does hereby warrant and represent to the other that the execution and delivery of this Agreement is not predicated upon nor made subject to any agreement for institution, prosecution, defense, or for the non-prosecution or non- defense of any action for divorce; provided, however, that nothing contained in this Agreement shall prevent or preclude either of the parties hereto from commencing, instituting or prosecuting any action or actions for divorce, either absolute or otherwise, upon just, legal and proper grounds; not to prevent either party from defending any such action which as been, may, or shall be instituted by the other party, or from taking any just or proper defense thereto. 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 Husband and Wife to execute the Agreement. Husband and Wife each knowingly and understandingly hereby waive any and all possible claims that this Agreement is, or any reason, illegal, or for any reason whatsoever of public policy, unenforceable in whole or in part. Husband and Wife do each hereby warrant, covenant and agree that, in any possible event, he and she are and shall forever be estopped from asserting any illegality or unenforceability as to all or any part of this Agreement. 2.2 It is further specifically understood and agreed that the provision of this Agreement Page 3 of 15 relating to the equitable distribution of property of the parties are accepted by each party as a final settlement for all purposes whatsoever. Should either of the parties obtain a decree, judgment or order of separation or divorce in any other state, country, or jurisdiction, each of the parties to this Agreement hereby consents and agrees that this Agreement and all its covenants shall not be affected in any way by any such separation and divorce. 2.3 This Agreement shall survive any decree in divorce and shall be forever binding and conclusive on the parties. It is understood by and between the parties that this Agreement shall be incorporated into any decree, divorce or separation, but it shall not be deemed merged in such decree. ARTICLE III EQUITABLE DISTRIBUTION OF MARITAL PROPERTY 3.1 The parties have attempted to divide their marital property in a manner which conforms to the criteria set forth in the Pennsylvania Divorce Code, and taking into account the following considerations: the length of the marriage; the prior marriages of the parties; the age, health, station, amount and sources of income, vocational skills, employability; estate, liabilities, and needs for each of the parties; the contribution of one party to the education, training or increased earning power to the other party; the opportunity of each party for future acquisition 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 part in the acquisition, preservation, depreciation, or appreciation of marital property, including the Page 4 of 15 • • contribution of a party as a homemaker; the value of the property set apart to each party; the standard of living of the parties established during their marriage; the economic circumstances of each party, including federal, state and local tax ramifications, at the time of the division of the property is to become effective; and whether the parties will be serving as the custodian of any dependent minor children. 3.2 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 rights of equitable distribution of the parties. 3.3 Personal Property. The parties acknowledge that they have divided their personal property, tangible and intangible, to their mutual satisfaction. The parties further acknowledge that they have the cash, accounts, or other tangible and intangible property in their possession that they wish to have, with the exception of the assets listed in paragraphs 3.6 and 3.9 herein, and neither will make any claim whatsoever against the other party for any other items of personal property or assets that are in the other party's possession. 3.4 Life Insurance. Each party agrees that the other party shall have sole ownership and possession of any life insurance policies owned by the other. Each party agrees to sign any documents necessary to waive, relinquish, or transfer any rights on such policies to the respective party who presently owns such policy, notwithstanding Page 5 of 15 • the above. 3.5 • Subsequently Acquired Property. Husband and Wife agree to waive and relinquish any and all right that he or she may now have or hereafter acquire in any real or tangible personal property subsequently acquired by the other party. Husband and Wife specifically agree to waive and relinquish any right in such property that may arise as a result of the marriage relationship. 3.6 Pension, Retirement, Profit-Sharing. Wife agrees to waive, relinquish or transfer any and all of her right, title and interest she has or may have in Husband's pension through his present or prior employment. Wife hereby waives, relinquishes and transfers any and all right, title and interest she has in any present retirement account, as well as other accounts that Husband may have in his individual name or may have secured through his present or prior employment. Husband agrees to waive, relinquish or transfer any and all of his right, title and interest he has or may have in Wife's pension through her present or prior employment. Husband hereby waives, relinquishes and transfers any and all right, title and interest he has in any present retirement account, as well as other accounts that Wife may have in her individual name or may have secured through her present or prior employment. 3.7 Vehicles. The parties acknowledge that Wife and Husband shall each retain their own vehicle. Wife shall retain the Volkswagon vehicle, encumbered as referenced in Paragraph four below, and titled at the time of execution in the name of both Husband and Wife. Husband agrees, according to paragraph 6.6 herein, to execute the necessary documents to transfer the title Page 6 of 15 0 0 of the Volkswagon from Husband and Wife's name into Wife's name alone. Each party agrees to be responsible in all ways for his or her own vehicle and releases the other from responsibility therefrom. 3.8 Intangible Personal Property. The parties have already transferred or waived rights and interest in other intangible personal property, including their various bank accounts, credit union accounts, and the like, with the exception of one Bank of America Account, presently under the sole control of Husband but in the name of Husband and Wife, jointly. Each party agrees to sign any documents necessary to close any joint accounts within fifteen (15) days of signing this Agreement, including the Bank of America account, above: Husband agrees to forward to Wife any and all documents necessary for her to assist in closing this particular account. Neither party shall make any claim of any nature whatsoever against the other party relative to the financial accounts or other investments or intangible personal property that have already been retained by that party as described herein. ARTICLE IV DEBTS OF THE PARTIES 4.1 Except as described below herein, from the date of execution of this Agreement forward, Wife shall retain sole and exclusive responsibility and obligation for the repayment of debts which she incurs. Wife shall indemnify Husband and hold him harmless from and against any and all demands for payment or collection activity of any nature whatsoever relative to any such debt. Likewise Husband shall retain sole and exclusive responsibility and obligation for the repayment of debts which he incurs. Wife shall indemnify Husband and hold him harmless from Page 7 of 15 • • and against any and all demands for payment or collection activity of any nature whatsoever relative to any such debt. Wife and Husband agree that the debts listed herein shall be divided as follows: Husband shall be solely responsible for the following debts: Any and all college/school loans directly or indirectly related to his education. Husband agrees to accept any past, present, or future liability, encumbrance or indebtedness related to those debt listed above. Wife shall be solely responsible for the following debts: Chase credit account, which account number ends in 9788 AZFCU account (used for the Jamaican vacation) Volkwagon Jetta, presently owned solely by wife Chase credit account, which account number ends in 2673 AZFCU credit account, which account number ends in 2803 AZFCU credit account, which account number ends in 2804 Citi Aadvantage credit account, which account number ends in 5379 Citifinancial credit account, which account number ends in 9958. Wife agrees to accept any past, present, or future liability, encumbrance or indebtedness related to those debt listed above. 4.2 Husband shall make to wife two cash payments as follows: Six thousand dollars ($6,000.00) at the time of the execution of this document and two thousand dollars ($2,000.00) within thirty days of the date of the execution of this document by Husband. Payment shall be Page 8 of 15 0 0 made in certified funds, cashiers check, or cash if hand delivered. Payment shall be delivered to Wife's attorney either in hand delivery or by certified mail to Mateya Law Firm, P.O. Box 127, Boiling Springs, Pa 17007. 4.3 Each party represent to the other that except as is otherwise set forth in this Agreement, there are no major outstanding obligations of the parties; that since the separation neither party has contracted or any debts for which the other will be responsible and each party indemnifies and holds harmless the other for all obligations separately incurred or assumed under this Agreement. ARTICLE V ALIMONY. ALIMONY PENDENTE LITE, SPOUSAL SUPPORT CHILD SUPPORT AND MAINTENANCE 5.1 The parties have each secured and maintained a substantial and adequate fund from which to provide themselves sufficient resources to provide for their own comfort, maintenance and support in the station of life in which they are accustom. Husband and Wife do hereby waive, release and give up any rights they may have, respectively against the other, for alimony, alimony pendente lite, spousal support or maintenance. 5.2 Husband and Wife specifically waive, release and give up any rights for alimony, alimony pendente lite and spousal support pursuant to Chapter 37 of the Domestic Relations code. 5.3 Child support shall continue to be through the Pennsylvania Domestic Relations Office; the present Domestic Relations Child Support Case is Robertson v. Robertson, PACSES Number Page 9 of 15 0 0 777 109 200. ARTICLE VI MISCELLANEOUS PROVISIONS 6.1 Advice of Counsel. The parties acknowledge that they have either received independent legal advice from counsel of their own selection, that they fully understand the facts and have been fully informed as to their legal rights an obligation or otherwise understand those legal rights and obligations. They acknowledge and accept that this Agreement is, in the circumstances, fair and equitable, that it is being entered into freely and voluntarily, after having received such advice and with such knowledge that execution of this Agreement is not the result of any duress or undue influence, and further that it is not the result of any collusion or improper or illegal agreement or agreements. 6.2 Mutual Release. Husband and Wife each do hereby mutually remise, release, quitclaim, and forever discharge the other and the estate of such other, for all times to come and for all purposes whatsoever, of and from any and all right, title and interest, or claims in or against the property (including income and gain from property hereafter accruing) of the other or against the estate of such other, of whatever nature and wheresoever situate, which he or she now has or at any time hereafter may have against such other, the estate of such other, or any part thereof, whether arising out of any former acts, contracts, engagements, or liabilities of such other as by way of dower or curtesy, or claims in the nature of dower or curtesy or widow's or widower's rights, family exemption, or similar allowance, or under the intestate laws, or the right to take against the spouse's Will; or the right to treat a lifetime conveyance by the other as testamentary, or all other rights of a surviving spouse to participate in a deceased spouse's estate, whether Page 10 of 15 • PJ arising under the laws of (a) Pennsylvania, (b) any state, commonwealth or territory of the United States, or ( c ) any other country, or any rights which either party may have or at any time hereafter have for past, present, or future support or maintenance, alimony, alimony pendente lite, counsel fees, costs or expenses, whether arising as a result of the marital relation or otherwise, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. It is the intention of Husband and Wife to give to each other by execution of this Agreement a full, complete, and general release with respect to any and all property of any kind or nature, real or personal, not mixed, which the other now owns or may hereafter acquire, except and only except, all rights and agreements and obligations of whatsoever nature arising or which may arise under this Agreement or for the breach of any thereof. 6.3 Bankruptcy. The parties agree that any and all financial obligations assumed herein shall not be subject to discharge through bankruptcy proceedings. This includes, but is not limited to, all financial obligations assumed under Paragraph 4.1 of this Agreement. In the event either party attempts to avoid financial obligations described herein through bankruptcy proceedings the other party shall have an independent claim against the party claiming bankruptcy for any and all sums that the other party assumes or is required to pay due to the actions of the party claiming bankruptcy. Further, all rights available to the other party provided for in this Agreement shall be available to the party not filing bankruptcy. 6.4 Warranties. Each party represents that they have not heretofore incurred or contracted for any debt or liability or obligation for which the estate of the other party may be responsible or Page I I of 15 • • liable, except as may be provided for in this Agreement. Each party agrees to indemnify or hold the other party harmless from and against any and all such debts, liabilities or obligations of every kind, including those for necessities, except for the obligations arising out of this Agreement. Husband and Wife each warrant, covenant, represent and agree that each will, now and at all times hereafter, save harmless and keep the other indemnified from all debts, charges, and liabilities incurred by the other after the execution date of this Agreement, except as is otherwise specifically provided for by the terms of this Agreement and that neither of them hereafter incur any liability whatsoever for which the estate of the other may be liable. 6.5 No waiver or modification of any of the terms of this Agreement shall be valid unless in writing and signed by both parties and no waiver of any breach hereof or default hereunder shall be deemed a waiver of any subsequent default of the same or similar nature. 6.6 Husband and Wife covenant and agree that they will forthwith execute any and all written instruments, assignments, releases, satisfactions, deeds, notes or such other writings as may be necessary or desirable for the proper implementation of this Agreement. 6.7 This Agreement shall be construed in accordance with the laws of the Commonwealth of Pennsylvania which are in effect as of the date of the execution of this Agreement. 6.8 This Agreement shall be binding and shall inure to the benefit of the parties hereto and their respective heirs, executors, administrators, successors and assigns. Page 12 of 15 • • 6.9 This Agreement constitutes the entire understanding of the parties and supersedes any and all prior agreements and negotiations between them. There are no representations or warranties other than those expressly set forth herein. 6.10 Severabiliiy. If any term, condition, clause, section, or provision of this Agreement shall be determined or declared to be void or invalid in law or otherwise, then only that term, condition, clause or provision shall be stricken from this Agreement, and in all other respects, this Agreement shall be valid and continue in full force, effect and operation. Likewise, the failure of any party to meet his or her obligation under any one or more of the articles and sections herein shall in no way void or alter the remaining obligations of the parties. 6.11 It is specifically understood and agreed that this Agreement constitutes the equitable distribution of property, both real and personal, which was legally and beneficially acquired by Husband and Wife, or either of them, during the marriage as contemplated by the Divorce Code of the Commonwealth of Pennsylvania. 6.12 Disclosure. The parties each warrant and represent to the other that he or she has made a full and complete disclosure to the other of all assets of any nature whatsoever in which party has an interest, of the sources, and amount of the income of such party of every type whatsoever, and all other facts relating to the subject matter of this Agreement. 6.13 Enforceability and Consideration. This Agreement shall survive any action for divorce Page 13 of 15 . 16 L? • and decree of divorce and shall forever be binding and conclusive on the parties; and any independent action may be brought, either at law or in equity, to enforce the terms of the Agreement by either Husband or Wife until it shall have been fully satisfied and performed. The consideration for this contract and agreement is the mutual benefits to be obtained by both of the parties hereto and the covenants and agreements of each of the parties to the other. The adequacy of the consideration for all agreements herein contained is stipulated, confessed, and admitted by the parties, and the parties intend to be legally bound hereby. In the event either party breaches the aforesaid Agreement and it is determined through appropriate legal action that the alleged party has so breached the Agreement, the breaching party shall be responsible for any and all attorney's fees as well as costs and expenses associated with litigation incurred by the non- breaching party to enforce this Agreement against the breaching party. In the event of breach, the non-breaching 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 including equitable enforcement of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals the day and year first above written. WITNESSE BY: ate i N Robertson 8 S D to Casey A bertson Page 14 of 15 . • • COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND On this Xoday of , 2008, before me, the undersigned officer, personally appeared JENN N ROBERTSON, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. JX AU ?' Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Frances A. Aumiller, Notary Public South Mddiemn Twp., CumbeAand County my commission Expires Maroh 18, 2010 Member, Pennsylvania Association of Notwin ew C7 el "& .4 COUNTY OF C2 AA--f -e On this $1% day of g?r " h--C , 2008, before me, the undersigned officer, personally appeared CASEY A ROBERTSON, known to me (or satisfactory proven) to be the person whose name is subscribed to the within Agreement and acknowledged that she executed the same for the purpose therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. Z --- Notary Public NAPOLEON "CA Notary Public Orange County, NC My Cwwft on Bow Feb. 17,20M E:\C lients\Robertson\MSA2.wpd Page 15 of 15 - r? w? rr ? ??..? C-? .,...! ??3 ??a - ? i -=?; `• ? ?? / J `°... 1 l_ ,y .?? ?? '1 JENNI N. ROBERTSON, Plaintiff VS. CASEY A. ROBERTSON Defendant : IN THE COURT OF COMMON PLEAS : CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-6916 CIVIL TERM : CIVIL ACTION - LAW : IN DIVORCE 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 3301(c) of the Divorce Code. 2. Date and manner of service of the complaint: By certified mail on November 16, 2007. 3. Complete either paragraph (a) or (b): (a) Date of execution of the affidavit of consent required by Section 3301(c) of the Divorce Code: by Plaintiff September 20, 2008 by Defendant September 8, 2008 (b)(1) Date of execution of the Plaintiffs affidavit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs affidavit upon the Defendant: 4. Related claims pending: None 5. (a) Date and manner of service of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date Plaintiffs Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: September 25, 2008. Date defendant's Waiver of Notice in §3301(c) Divorce was filed with the prothonotary: October 8, 2008. Each party has filed a Waiver of the Notice of Intention to Request Entry of A Divorce Decree. - 4 - ?ok -- Mark A. Mateya, Esquire P.O. Box 127 Boiling Springs, PA 17007 (717) 241-6500 Attorney for Plaintiff 0 C tv C? ? am m _ --t Fil ti _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY STATE OF PENNA. JENNI N. ROBERTSON P VERSUS CASEY A. ROBERTSON No. 6916 DECREE IN DIVORCE 2007 AND NOW, 0410-04& 2.Z `-'J , X004f , IT IS ORDERED AND DECREED THAT JENNI N. ROBERTSON AND CASEY A. ROBERTSON ARE DIVORCED FROM THE BONDS OF MATRIMONY. , PLAINTIFF, ,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; The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. The Marriage Settlement Agreement entered into by and between the parties is incorporated but not merged into the Divorce Decree. BY THE COURT: ATT E J . PROTHONOTARY "'?°A -W- he - or IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Jenni N. Robertson Plaintiff Vs Casey A. Robertson Defendant File No. 601 6-2007 IN DIVORCE NOTICE TO RESUME PRIOR SURNAME Notice is hereby given that the Plaintiff ? defoodau-in the above matter, [select one by marking "x"] prior to the entry of a Final Decree in Divorce, or X after the entry of a Final Decree in Divorce dated 10 / 2 2 / 0 0 hereby elects to resume the prior surname of Jenni Ja el , Nigotat1t.ves this T _ ... _ written notice avowingher intention pursuant to the provisions of 54 P.S. 704. Date: Signature 1 Signatur name being resumed COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF C um?ah On the -VAay of &19?_, 200, before me, the ??an?r„ar? ? to notary public, personally appeared the above affiant known to me to be the person whose name is subscribed to the within document and acknowledged that4ie-/ she executed the foregoing for the purpose therein contained. In Witness Whereof, I have hereunto set my hand hereunto set my hand and official seal. _ Arf JA"U-42a Notary Public you?Ys P4€? ?e.or? r;n?,. C'url¢ aria n Court' My Commissio:? e_ :p ran M,rcl s 16, 2010 J T1 ` r0., a JENNI J. ROBERTSON NICOLETTI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07 - 6916 CASEY A. ROBERTSON : CIVIL ACTION - LAW }== `? Defendant : IN CUSTODY -7' _ =- r M PETITION TO MODIFY CUSTODY AND NOW, comes the above-named Plaintiff, Jenni J. Robertson Nicoletti, ? _?er r.,,, _ attorney, Mark A. Mateya, Esquire, and avers the following: . 1. A complaint in custody was filed on November 16, 2007, in this Honorable Court. 2. On December 19, 2007, a Custody Conciliation was held before John J. Mangan, Esquire, Custody Conciliator, and a Custody Order dated January 3, 2008 was entered as a result of the Custody Conciliation. A copy of the January 3, 2008 Order is attached hereto as Exhibit "A" 3. The Order entered on January 3, 2008, as stated in paragraph eight, stated that the parties may modify the provision of this Order by mutual consent. 4. Plaintiff and Defendant have entered into a Custody Agreement to amend the January 3, 2008, Order, in accordance with the Custody Agreement attached hereto as Exhibit "B". 5. All remaining terms of the Order entered on January 3, 2008, shall remain in full force and effect. 6. The present custody action has been presided over by the Honorable Kevin A. Hess. WHEREFORE, the Plaintiff respectfully requests this Honorable Court to amend the present custody Order in accordance with the Custody Agreement entered into by and between the parties dated June 7 & June 8, 2011. Respectfully submitted, "h' Mark A. Mateya Attorney I.D. No. 78931 55 W. Church Avenue Carlisle PA 17013 (717) 241-6500 Date: Attorney for Plaintiff 2 V_ 7- _ JAIL c? 8 ZDC? (JAN 0 8 2008 C" JEWN1 N. ROBERTSON, IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANYA V. No. 07-6916 CIVIL ACTION LAW CASEY A. ROBERTSON, IN CUSTODY Defendant O$WER OF COURT AND NOW this 2.3 ?fty _),Z, Ud gr, of 2008, upon consideration of the attached Custody Conciliation Report, it is Ordered and D' ected as follows: 1- Legal Custody; The Father, Casey A. Robertson, and the Mother, renni N. Robertson, shall have shared legal custody of Carly Robertson, born 4/18/05. The parties shall have an equal right to make all major non-emergency decisions affecting the Child's general well-being including, but not limited to, all decisions regarding her health, education and religion. Pursuant to the terms of 23 PA.C.S. §5309, each parent shall be entitled to all records and information pertaining to the Child including, but not limited to, medical, dental, religious or school records, the residence address of the Child and of the other parent. To.,the extent one parent has possession of any such records or infbnmation, that parent shall be required to share the same, or copies thereof, with the other parent within such reasonable time as to make the records and information of reasonable use'to the.other,parent~ 2. Physical Custody: Mother shall 'have primary physical custody of the Child subject to Father's partial physical custody as follows: a- Father shall have two (2) non-consecutive weeks in the s'urnmer. Father shall give Mother thirty (30) days advance written notice of the dates he wishes to have the child. b. Father shall have one (1) week of physical custody in the Spring. Father shall give Mother thirty (30) days advance written notice of the dates lie wishes to have the child. Father shall.also have one -week' (1) of physical custody in the Fall.'Father shall'give Mother thirty (30} days advance written notice of the dates he wishes to have the child. C. Christmas shall be split into two blocks, Block A and Block B. Block A shall be from December 16 - December 23 and Block B shall be from December 23 - 30. Father shall have Block B and Mother has Block k in alternating years, starting with Father having Block B in 2008. d.. Father shall have. the option of having one fu]1 week of physical custody for Thanksgiving as can be mutually agreed and arranged...Father shall give Mother thirty (30) days advance notice oftliis vacation week. e. All other major holidays and the Child's 'liirtht&t shall be mutually agreed to by the parties. f Father shall have physical c EXHIBIT as mutually agreed upon A P. ?0','004 3. Transportation: The Mother and father shall share the transportation for the custody exchanges as outlined in paragraph 2 (a-e). The parties shall meet in Ashland, Virginia at an agreed upon location; said location is approximately half way between Mother and F'ather's current residences. It is specifically understood that should Father desire to exercise additional periods of custodial time as outlined in paragraph 2 (f), Father shall make all reasonable efforts to travel to Mother's residence for said periods of custodial time. 4. Neither party may say or do anything nor permit a third party to do or say anything that may estrange the Child from the other party, or injure the opinion of the Child as to the other party, or may hamper the free and natural development of the Child's love or affection for the other party. To the extent possible, both parties shall not allow third parties disparage the other parent in the presence of the Child. 5. In the event of a medical emergency, the custodial party shall notify the other parties as soon as practicable after the emergency is handled. 6. During any periods of custody or visitation, the parties shall not possess or use controlled substances or consume/be under the influence of alcoholic beverages to the point of intoxication. The parties shall likewise assure, to the extent possible, that other household members and/or house guests comply with this provision. 7. Telephone contact between the non-custodial parent and the child shall be liberal and reasonable as the parties may agree. 8. This Order is entered pursuant to 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. The parties are directed to contact the assigned Conciliator to schedule a status update conference as necessary. By the Court, Distribution: Mark Mateya, Esquire Jane Adams, Esquire John J. Mangan, Esquire .xORU in TWAY'u-nmiywhemo , i here Ijnto :wt G^'Et hand and lwh s of : :d Can a carlive, az QFGa?i?Sllt?'3 JpN-?'l-,; or JENNI N. ROBERTSON, Plaintiff v. CASEY A. ROBERTSON, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA No. 07-6916 CIVIL ACTION LAW IN CUSTODY CUSTODY CONCILIATION SUMMARY REPORT 'IN ACCORDANCE WITH CUMBERLAND COUNTY RULE OF CIM PROCEDURE 1915.3-8(b), the undersigned Custody Conciliator submits the following report. 1. The pertinent information pertaining to the Children who are the subject of this litigation is as follows: Name Date of Birth Currently in the Custody of Carly Robertson 4/18/05 Mother 2. A Conciliation Conference was held with regard to this matt-er on December 19, 2007 with the following individuals in attendance: The Mother, Jenni. N. Robertson, with her counsel, Mark Mateya, Esq. The Father, Casey A. Robertson, with his counsel, Jane Adams, Esq. 3. The parties agreed to the entry of are Order in the form as attached. Date John gan, Esquire Cust dy (Conciliator Custody Agreement This agreement is a supplement to the ORDER OF COURT of Cumberland County, Pennsylvania, No. 07-6916, IN CUSTODY, between Jenni N. Robertson, a/k/a Jenni Ij, Nicoletti and Casey A. Robertson, hereafter referred to as the parties. The child is Carly Robertson. A disagreement between the parties concerning the partial physical custody which father shall enjoy is resolved by this agreement. The parties agree to the following: 1. The Order of January 3rd, 2008, remains in full effect with the exception of the following: a. Paragraph 2 a shall be amended to read "Father shall have four consecutive weeks each summer. Father shall hereafter give Mother written notice of the dates he wishes to have the child at least thirty days in advance to the date his four consecutive weeks are to commence. For this year, the parties agree to the following for the summer of 2011: i. Father shall have four consecutive weeks, beginning Sunday June 12'n and ending on Sunday July I Otn ii. Transportation shall be in accordance with paragraph 3 of the Order of January 3rd, 2008. b. Paragraph 2 b shall be amended to read "Father shall have one period of physical custody of the child each spring, not to exceed one week, and one period of physical custody of the child each fail, not to exceed one week. These periods of physical custody are to be coordinated with the child's school calendar. The parties agree to work with each other to facilitate this period of physical custody. Transportation shall be in accordance with paragraph 3 of the Order of January 3rd, 2008. 2. It is intended that this Agreement be incorporated into and given the full weight of an Order of Court as if reached via a petition to modify custody, a custody conference or hearing, and a final adjudication of Court. A eed to v unt ' y y: ia;zf 4-1, Casey A. R ertson Date nni Nicoletti Date EXHIBIT 1 6- CERTIFICATE OF SERVICE I, Mark A. Mateya, Esquire, hereby certify that I have served a copy of the foregoing document on the following person(s) by depositing a true and correct copy of the same in the United States Mail, by way of United States Mail, first class, postage prepaid, at Carlisle, Cumberland County, Pennsylvania addressed to: Jane Adams Esquire 17 W South Street Carlisle PA 17013 Mark A. Mateya uire 55 W. Church Avenue Carlisle, PA 17013 (717) 241-6500 (^ (717) 241-3099 Fax Dated: G? JENNI J. ROBERTSON NICOLETTI, : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA VS. : NO. 07 - 6916 CASEY A. ROBERTSON : CIVIL ACTION - LAW D efendant : IN CUSTODY in rr- r V , V ORDER OF COURT +y 'TTM? AND NOW, upon consideration of the attached Petition to M dif C t d ;t o y us o y, . IT IS HEREBY ORDERED AND DECREED that the Custody Order of January 3ra, " 2008, is amended as follows: The Order of January P, 2008, remains in full effect with the excecption of the following: a. Paragraph 2 (a) shall be amended to read "Father shall have four consecutive weeks each summer. Father shall hereafter give Mother written notice of the dates he wishes to have the child at least thrity days in advance to the date his four consecutive weeks are to commence. For this year, the parties agree to the following for the summer of 2011: i. Father shall have four consecutive weeks, beginning Sunday, June 12th and ending on Sunday July 10th. ii. Transportation shall be in accordance with paragraph 3 of the Order of January 3, 2008. b. Paragraph 2(b) shall be amended to read "Father shall have one period of physical custody of the child each spring, not to exceed one week, and one period of physical custody of the child each fall, not to exceed one week. These periods of physical custody are to be coordinated with the child's school calendar. The parties agre to work with each other to facilitate this period of physical custody. Transportation shall be in accordance with paragraph 3 of the Order of January 3, 2008. 2. It is intended that this Agreement be incorporated into and given the full weight of an Order of Court as if reached via a Petition to Modify Custody, a Custody Conference or hearing, and a final adjudication of Court. BY THE COURT: ?u ". /y' to 11 J. Law Firm ?a ne &l" Adam 'PI (5 f q old