HomeMy WebLinkAbout08-3027I
0
Michael A. Bartlebaugh,
Plaintiff
VS.
Tanya E. Bartlebaugh,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
: CIVIL ACTION
. NO. 0 F"- 30 z-) c-
: IN DIVORCE
N O T I C E T O D E F E N D
You have been sued in court. If you wish to defend against
the claims set forth in the following pages, you must take prompt
action. You are warned that if you fail to do so, the case may
proceed without you and a decree of divorce or annulment may be
entered against you by the court. A judgment may also be entered
against you for any other claim or relief requested in these
papers by the Plaintiff. You may lose money or property or other
rights important to you, including custody or visitation of your
children.
When the ground for the divorce -Js 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:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY,
WYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU
Y LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
VE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
RTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
CUMBERLAND COUNTY BAR ASSOCIATION
32 SOUTH BEDFORD STREET
CARLISLE PA 17013
1-800-990-9108
717-249-3166
(Michael A. Bartlebaugh,
Plaintiff
VS.
(Tanya E. Bartlebaugh,
Defendant
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
: CIVIL ACTION
: NO. OY - 30 7
: IN DIVORCE
NOTICE OF RIGHT TO COUNSELING
You are one of the parties in the above captioned action in
divorce. By virtue of Section 202 of the Pennsylvania Divorce
Code, it is a duty of the Court to advise both parties of the
availability of counseling and upon request of either provide
both parties a list of qualified professionals who provide such
services.
Accordingly, if you desire counseling a list of marriage
counselors is available in the Office of the Prothonotary at:
Office of the Prothonotary
Cumberland County Court House
1 Courthouse Square
Carlisle, PA 17013-3387
Michael A. Bartlebaugh, : IN THE COURT OF COMMON PLEAS
Plaintiff : OF CUMBERLAND COUNTY
: PENNSYLVANIA
VS.
: CIVIL ACTION
Tanya E. Bartlebaugh, : NO. 0 F(- 31) 3-7 6 tv` ( 4c4l
Defendant : IN DIVORCE
CONSOLIDATED COMPLAINT IN DIVORCE
1. Plaintiff is Michael A. Bartlebaugh, a citizen of
Pennsylvania, residing at 1009 Oak Lane, New Cumberland, Cumberland
County, Pennsylvania.
2. Defendant is Tanya E. Bartlebaugh, a citizen of Pennsylvania,
residing at Bosler Avenue, Lemoyne, Cumberland County,
Pennsylvania.
3. Plaintiff and Defendant are sui 'uris and have been bonafide
residents of the Commonwealth of Pennsylvania for at least six
months immediately preceding the filing of this Complaint.
4. The parties are husband and wife and were lawfully married on
July 28, 1996, in Cumberland County, Pennsylvania.
15. The marriage is irretrievably broken.
6. Neither Plaintiff nor Defendant are in the military or naval
service of the United States or its allies within the provisions of
the Soldiers' & Sailors' Civil Relief Act of the Congress of 1940
and its amendments.
7. There has been no prior action for divorce or annulment
instituted by either of the parties in this or any other
jurisdiction.
8. The Plaintiff has been advised of the availability of
counseling and of the right to request that the Court require the
parties to participate in counseling.
COUNT I
Request for Divorce Due to Irretrievable Breakdown
Under 3301(c) of the Divorce Code
?9. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
10. The marriage of the parties is irretrievably broken.
11. After ninety (90) days have elapsed from the date of the
filing of this Complaint, Plaintiff intends to file an affidavit
consenting to a divorce. Plaintiff believes that Defendant may also
file such an affidavit.
12. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if both parties file affidavits to a divorce after
ninety (90) days have elapsed from the filing of this Complaint,
Plaintiff respectfully requests the Court to enter a Decree of
Divorce, pursuant to 3301(c) of the Divorce Code.
COUNT II
Request for Divorce Due to Irretrievable Breakdown
Under 3301(d) of the Divorce Code
13. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
14. The marriage of the parties is irretrievably broken.
15. After a period of two (2) years has elapsed from the date of
separation, Plaintiff intends to file his affidavit of having lived
separate and apart.
16. Plaintiff has been advised of the availability of counseling
and that Plaintiff and Defendant have the right to request the
Court to require the parties to participate in such counseling.
WHEREFORE, if two (2) years have elapsed from the date of
separation and Plaintiff has filed his affidavit, Plaintiff
respectfully requests the Court to enter a Decree of Divorce,
pursuant to 3301(d) of the Divorce Code.
COUNT III
Request for Equitable Distribution of
Marital Property Under 3104, 3323, 3501, 3502 and 3503
of the Divorce Code
17. The prior paragraphs of this Complaint are incorporated herein
by reference thereto.
18. Plaintiff and Defendant have acquired property, both real and
personal during their marriage from the date of said marriage until
the date of their separation.
19. Plaintiff and Defendant have been unable to agree as to an
equitable distribution of said property.
WHEREFORE, Plaintiff respectfully requests the Court to
equitably distribute the marital property of the parties, pursuant
to 3104 and 3502(a) of the Divorce Code.
Respectfully submitted,
DISSINGER and DISSINGER
Mary A. Etter Dissinger
Attorney for Plaintiff
Supreme Court ID # 27736
28 N. 32nd Street
Camp Hill, PA 17011
(717) 975-2840
(717) 975-3924- fax
VERIFICATION
I, Michael A. Bartlebaugh, verify that the statements made in
the Divorce Complaint 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..-
MicholUA. artlebaugh, Plaintiff
1.
? r, CN
r ?.
s ? `a
C1 }L.
A
W
"(`'?l
?c
-1- ?r
R
c
t
i
7
= =
1
11
1.
Michael A. Bartlebaugh,
Plaintiff
VS.
Tanya E. Bartlebaugh,
Defendant
AFFIDAVIT OF MAILING
COMMONWEALTH OF PENNSYLVANIA
ss ..
COUNTY OF CUMBERLAND
Mary A. Etter Dissinger, attorne\r for Plaintiff, being duly
sword according to law, says that she mailed by United States
Certified Mail, Restricted Delivery, a true and correct copy of
the Complaint in Divorce in this action to the Defendant at her
residence, and that Defendant did receive same as evidenced by the
signed receipt dated May 14, 2008, attached hereto as Exhibit "A".
: IN THE COURT OF COMMON PLEAS
: OF CUMBERLAND COUNTY
: PENNSYLVANIA
CIVIL ACTION
NO. 08-3027
IN DIVORCE
Mazy A. Etter Dissinger
Attorney for Plaintiff
Supreme Court ID #27736
28 N. 32nd Street
Camp Hill, PA 17011
(71.7) 975-2840
Sworn to and subscribed
before me this .99_
day of May, 2008.
Notary P lic
NOTARIAL SEAL
ANNM PERT"
No" K"c
CAWN 90R0VGKCtNN IAMCO1W
Mr C0"V1*W n Ex0ft Jul 22.2009
::,.,r
s
¦ Complete items 1, 2, and 3. Also complete s
Item 4 If Restricted Delivery is desired. X
¦ Print your name and address on the reverse
so that we can return the card to you.
¦ Attach this card to the back of the mallpiece,
or on the front If space permits.
1. icle Addressed to: Pis
If
Agent
teu r"/ p-,(-,
sly different from 1?different from Yes
enter delivery address below: ? No
& loe Type
p Mail ? apress Mail
Le,IVLO q V1 e rt t O Registered ? Return Receipt for Merchandise
I ? Insured Mail ? C.O.D.
4. Restricted Delivery? Adra roe) lies
2. Article Number 7006 0100 0007 1055 2693
(Fmnsfer frorn seMce k6o
PS Form 3811, February 2004 Domestic Return Receipt 1025W-o2_M-1540
a -?artleGx?512
Ave-
EXHIBIT "A"
FNI? ;: °i
Ju1#29 09 10:50a M Travis RTb 7177319511 P.3
C
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL A. BARTLEBAUGH
Plaintiff,
VS.
TANYA E. BARTLEBAUGH,
Defendant
No. 2008 - 3027
)
)
CIVIL ACTION LAW
In Divorce
WITHDRAWAL OF APPEARANCE
To the Prothonotary:
Please withdraw my appearance on behalf of Michael A. Bartiebaugh.
Mary A. Etter Dissinger, Esquire
10 No. 27736
28 N 32nd Street
Date: 7/ 7/0 9 Camp Hill, PA 17011
ENTRY OF APPEARANCE
To the Prothonotary:
Please enter my appearance on behalf of Mich . Bartlebaugh.
Michael S. Travis, Esquire
3i
Date: -7
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
,,?. ? ??
i) P..s ?f????aB
?,???s
?y{ ty?y
?,`
K
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL A. BARTLEBAUGH
Plaintiff,
vs.
TANYA E. BARTLEBAUGH,
Defendant
No. 2008 - 3027
CIVIL ACTION LAW
In Divorce
CERTIFICATE OF SERVICE
I certify that a true and correct copy of the foregoing document was served
on the below persons by first class U.S. Mail, postage prepaid:
Alan Ross, Esquire
2001 N Front Street
Harrisburg, PA 17102
Tanya E. Bartlebaugh
604 Bosler Avenue
Lemoyne, PA 17043
--?/'3/ /0 7
C/?4
ichael S. Travis
3904 Trindle Road
Camp Hill, PA 17011
Attorney for Plaintiff
2DO9 AUGG -3 PH 16
i
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MICHAEL A. BARTLEBAUGH, )
Plaintiff, )
VS. ) No. 08-3027
TANYA E. BARTLEBAUGH, ) CIVIL TERM
Defendant. ) IN DIVORCE
AFFIDAVIT OF CONSENT
1. A complaint in divorce under § 3301(c) of the Divorce Code was filed on May
13, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing and service of the Complaint.
3. I consent to the entry of a final decree of 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.
,l l30
DATED:
Michael A. Bartlebaugh, Plaintiff
,c THE '.:'ITIARY
2009 NOV 16 A fry. 19
MICHAEL A. BARTLEBAUGH,
Plaintiff,
V.
TANYA E. BARTLEBAUGH,
Defendant,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 2008-3027
CIVIL ACTION - LAW
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c)_of the Divorce Code was filed
on May 13, 2008.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of filing the complaint.
3. 1 consent to the entry of a final decree of divorce.
4. 1 understand that I may lose rights concerning alimony, division of property,
lawyer's fees or expenses if I do not claim them before a divorce is granted.
I verify that the statements made in this affidavit are true and correct. I
understand that false statements are subject to the pen
relating to unworn falsification
11-U-Oq _
DATE T,
NDANT
AL'`. f'
2 0 0 9 KI9 16 A f I?0: 19
°? r r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MICHAEL A. BARTLEBAUGH, )
Plaintiff, )
VS. ) No. 08-3027
TANYA E. BARTLEBAUGH, ) CIVIL TERM
Defendant. ) 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.
it, 1131f f ? L-
Date:
I_
Michael A. Ba a augh, Plaintiff
FILE
n, THE
?.i ?? t i
-TARY
2099 POV 16 A , fn: 19
t E r7'aJ F
MICHAEL A. BARTLEBAUGH,
Plaintiff,
V.
TANYA E. BARTLEBAUGH,
Defendant,
IN THE COURT OF COMMON PLEAS
CUMBERLAND COUNTY, PENNSYLVANIA
No.: 2008-3027
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. 1 consent to the entry of a final decree of divorce without notice.
2. 1 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. 1 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
DATE
TANY
GH, D
,)F THE Pr
2009 NOV 16 AN 10: 19
CUf ;`
Michael S. Travis
ID No. 77399
3904 Trindle Road
Camp Hill, PA 17011
(717) 731-9502
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
MICHAEL A. BARTLEBAUGH, )
Plaintiff, )
VS. ) No. 08-3027
TANYA E. BARTLEBAUGH, ) CIVIL TERM
Defendant. ) 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: mutual consent under §3301(c)(1) of the Divorce
Code.
2. Date and manner of service of the complaint : Complaint was served on
May 14, 2008, via United States Certified Mail, restricted delivery, return receipt
requested to Defendant, which was received by Defendant on May 14, 2008. Affidavit
of Service was filed July 21, 2009.
3. Date of execution of the affidavit of consent required by §3301(c) of the
Divorce Code: by Plaintiff on 4z W , 2009; by Defendant , 2009.
4. Related claims pending: Economic claims resolved by Mariltal Settlement
Agreement dated /r/,c3 , 2009.
5. Date Plaintiff's Waiver of Notice in §3301(c) Divorce was filed with the
prothonotary: / A& /?? .
Date Defendant's Waiver of Notice in §3301(c) Divorce was filed with the
prothonotary: u Zz & Iq
ae ravis
? C
FLED-Oli
2009 N, 0V 10- Ail I"D: 20
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MICHAEL A. BARTLEBAUGH,
Plaintiff, )
VS. ) No. 2008-3027
TANYA E. BARTLEBAUGH, ) CIVIL TERM
Defendant. ) IN DIVORCE
MARRIAGE SETTLEMENT AGREEMENT
Counsel of record:
Michael S. Travis, Esquire for Plaintiff
3904 Trindle Road
Camp Hill, PA 17011
717-731-9502
mst@mtravislaw.com
Alan M. Ross, Esquire
Stephanie C. Shatzer, Esquire
Governor's Plaza South
2001 North Front Street, Suite 220
Harrisburg, PA 17102
amr D-Iawofficeofalanross.com
scs _lawofficeofalanross.com
1
MARRIAGE SETTLEMENT AGREEMENT
THIS AGREEMENT made this L ay of `filly?M I-er , 2009, by and
between Michael A. Bartlebaugh, (hereinafter referred to as "Husband,") and Tanya E.
Bartlebaugh, (hereinafter referred to as "Wife").
WITNESSETH:
WHEREAS, that Husband and Wife were lawfully married July 28, 1996; and
WHEREAS, there were two children born of this marriage; Jared B. Bartlebaugh
born xx/xx/1990, and Jade B. Bartlebaugh born xx/xx/1994. Jared is emancipated.
WHEREAS, differences have arisen between Husband and Wife in
consequence of which they intend to live apart from each other; and
WHEREAS, Husband and Wife desire to settle and determine their rights and
obligations; and
NOW, THEREFORE, the parties intending to be legally bound hereby do
covenant and agree as follows;
1. DEFINITIONS
(a) Date of Execution of this Agreement. The phrase "date of execution"
or "execution date" of this Agreement shall be defined as the date of execution by the
parties if they each have executed the Agreement on the same date. Otherwise, the
"date of execution" or "execution date" of this Agreement shall be defined as the date of
execution by the party last executing this Agreement.
(b) Distribution Date. The phrase "distribution date" shall be defined as
fourteen days following the entry of a final decree in divorce and the filing of Waivers of
Appeals by each party. If the fourteenth day falls on a weekend or holiday, the
distribution date shall be the next business date.
2
2. ADVICE OF COUNSEL
The parties have had an opportunity to review the provisions of this
Agreement with their respective counsel. Husband is represented by Michael S. Travis,
Esquire. Wife is represented by the law office of Alan Ross, Esquire. Husband and
Wife acknowledge that this Agreement is not the result of any duress or undue
influence and that it is not the result of any collusion or improper or illegal agreement or
agreements. The parties further acknowledge that they have each made to the other a
full accounting of their respective assets, estate, liabilities, and sources of income and
that they waive any specific enumeration thereof for the purpose of this Agreement.
Each party agrees that he or she shall not at any future time raise as a
defense or otherwise the lack of such disclosure in any legal proceeding involving this
Agreement with the exception of disclosure that may have been fraudulently withheld.
3. SEPARATION
It shall be lawful for each party at all times hereafter to live separate and
apart from the other party at such place or places as he or she may from time to time
choose or deem fit. The foregoing provisions shall not be taken as an admission on the
part of either party as to the lawfulness or unlawfulness of the causes leading to their
living apart.
4. INTERFERENCE
Each party shall be free from interference, authority, and contact by the
other as fully as if he or she were single and unmarried except as may be necessary to
carry out the provisions of the agreement. Neither party shall molest the other or
attempt to endeavor to molest the other, nor compel the other to cohabit with the other,
or in any way harass or malign the other, follow, stalk, nor in any way interfere with the
peaceful existence, separate and apart from the other.
5. CHILD CUSTODY
The parties agree to the following custody schedule and terms. It is the settled
desire of the parties that this agreement shall have the same effect as an Order of
Court. For purposes of this Agreement, Jared is emancipated.
3
a. It is the intention of the parties and the parties agree that they will have shared
legal custody of Jade Bartlebaugh (D.O.B. xx/xx/1994). The parties agree that major
decisions concerning the child, including, but not limited to, the child's health, welfare,
education, religious training and "upbringing shall be made by them jointly, after
discussion and consultation with each other, with a view toward obtaining and following
harmonious policy in the child's best interest. Each party agrees not to impair the other
party's rights to shared legal custody of the child. Each party agrees not to attempt to
alienate the affections of the child from the other party. Each party shall notify the other
of any activity or circumstance concerning their child that can reasonably be expected
to be of concern to the other. Day to day decisions shall be the responsibility of the
party then having physical custody. With regard to any emergency decision which must
be made, the party having physical custody of the child at the time of the emergency
shall be permitted to make any immediate decisions necessitated thereby. However,
that party shall inform the other of the emergency and consult with him or her as soon
as possible. Each party shall be entitled to complete and full information from any
doctor, dentist, teacher, professional or authority and to have copies of any reports
given to either party as a parent pursuant to 23 Pa.C.S. § 5309.
b. Further, it is the intention of the parties that they will have shared physical
custody of Jade Bartlebaugh.
C. Each parent shall have custody of the minor child in accordance with the
following alternating two-week schedule so that each parent has Jade for four (4)
consecutive days every other week:
(a) Week 1 - Mother shall have custody of Jade from noon on Sunday until
noon on Wednesday, and Father shall have Jade from noon on Wednesday until noon
on Sunday.
(b) Week 2, Mother shall have custody of Jade from noon on Sunday until
noon on Wednesday, and Father shall have Jade from noon on Wednesday until noon
on Saturday.
d. It is understood and stipulated by the parties that, upon advanced mutual
agreement, an expanded or altered schedule may be agreed upon between the parties,
and that such mutual agreement would be in the best interest of the child.
e. The party beginning their custodial period will be responsible for transportation.
f. The parties further agree that the party scheduled to exercise physical custody
pursuant to the above-referenced schedule shall be responsible for providing
supervision of the child should said parent be unavailable during their regularly
scheduled time.
4
g. The parties will alternate the Thanksgiving holiday each year. The custodial
period shall run from 5:00 p.m. Wednesday, until 5:00 p.m. on Friday. This schedule
will begin with Father having the child for Thanksgiving in 2009 and odd-numbered
years thereafter.
h. Christmas will be divided into two segments. These segments will alternate each
year. Segment A is from December 24th at 6:00 p.m. until December 25th at 3:00 p.m.
Segment B is from December 25th at 3:p.m. until December 27th at 5:00 p.m. This
schedule will begin with Mother having the child for Segment A in 2009 and odd-
numbered years thereafter.
i. The parties shall share or alternate the remaining holidays at mutually agreed
upon times.
j. Father shall have custody on Father's Day, and Mother shall have custody on
Mother's Day.
k. Beginning in 2010, both parties are entitled to two (2) weeks of uninterrupted
custody during the summer school vacation. It is understood that a week is defined as
seven (7) days, which must include the party's regularly scheduled custodial weekend.
Each party shall provide the other with thirty (30) days notice of his/her intention to
exercise the extended custody period.
The holiday schedule shall take precedence over the regular custody schedule.
M. The parties agree to split the cost of Jade's medical and material needs, as well
as the cost of school lunches and school related expenses.
n. During any period of custody or visitation, the parties to the order shall not
possess or use controlled substances or consume alcoholic beverages to the point of
intoxication. The parties shall likewise assure, to the extent possible, that other
household members and/or houseguests comply with this prohibition.
o. Each party shall be entitled to reasonable telephone or e-mail contact with the
child when they are in the custody of the other party. The parties shall provide to one
another an emergency contact telephone number, e-mail address or contact person.
P_ Neither party shall relocate from a current address if such relocation will
necessitate a change in the custody schedule as set forth in this Order, or if the
relocation will be to a location in excess of twenty (20) miles from that party's then-
current address without (a) such party's first giving prior written notice to the other party
5
not less than sixty (60) days prior to the planned relocation, and (b) either written
consent of the other party to such relocation or further Order of this Court. In the event
of any intended relocation, either party may seek modification of the terms of this
custody Order by filing a Petition to Modify Custody with the Prothonotary.
q. The parties shall refrain from making derogatory comments about the other party
in the presence of the children and to the extent possible shall prevent third parties from
making such comments in the presence of the children or otherwise harass or interfere
with the parties' period of custody.
r. Should either party have the child spend overnight at a place other than their
primary residence, the other party will be given the address and telephone number
where the child is spending the night.
S. The parties shall agree to refrain from encouraging the child to provide reports
about the other party. Communication should always take place directly between the
parties, without using the children as an intermediary.
t. The parties shall permit and support the child's access to family relationships
and events (funerals, reunions, graduations, etc.). Events will be accommodated by
both parties with routine periods of custody resuming immediately thereafter. Each
party shall have the option of proposing time or date variations to the other party when
special recreational options or other unexpected opportunities arise.
6. DIVISION OF PERSONAL PROPERTY
The parties hereto have divided between themselves, to their mutual
satisfaction, all items of tangible marital property. Neither party shall make any claim to
any other such items of marital property, or to the separate personal property of either
party, which are now in the possession and/or under the control of the other.
Financial Accounts. The parties have equally divided all joint checking,
savings and other non-retirement accounts to their mutual satisfaction. The parties
agree to retain their separate financial accounts.
The parties agree to cooperate in transferring any title or document to
accomplish the above distribution. Neither party will make further claim to any joint
financial account following the distribution date of this Agreement.
Equitable Distribution. In exchange for the mutual covenants and
agreements contained throughout this Agreement, Husband shall pay to Wife the sum
6
of $6,500.00 upon the Execution date of this Agreement, and the return of signed
Affidavit of Consent and Waiver of Notice to the Divorce.
7. SPOUSAL SUPPORT/ALIMONY PENDENTE LITE/CHILD SUPPORT
Neither party shall be entitled to spousal support, APL, child support.
8. ALIMONY
Wife and Husband represent and acknowledge that they each have
sufficient property for her or his reasonable needs and are able to support herself or
himself through appropriate employment and/or assets according to the standard of
living which they are accustomed to and waive the right to receive alimony.
9. AUTOMOBILES
The parties were the owners of two automobiles at separation, a 1997
Jeep Wrangler owned at separation and a 2004 Mercury Sable purchased post-
separation. Wife shall retain the 2003 Ford Focus owned at the time of separation.
Both parties agree to be responsible for the purchase money loan on the
respective vehicles. Each agrees to indemnify and hold each other harmless for the
loans.
Should any action be required to transfer title or other document of
ownership, the parties will take steps to transfer and reflect ownership as soon as
possible after the distribution date.
Both parties agree to assume all responsibility and hold each other
harmless for any and all liability, including insurance, costs and expenses associated
with ownership of the above. The costs of any title transfers or fees shall be borne
equally by the parties.
10. DIVISION OF REAL PROPERTY
The parties were owners of real property located at 1009 Oak Lane, New
Cumberland, Cumberland County, Pennsylvania, containing a residential dwelling. The
property was sold on September 18, 2009. The net proceeds were $21,104.20. The
net proceeds of the sale shall be equally divided between the parties.
Until the sale Husband agrees to indemnify and hold Wife harmless for
any monthly mortgage payment, property maintenance, insurance or upkeep, from the
Execution Date of this Agreement.
7
11. PENSION, RETIREMENT ACCOUNTS, INVESTMENT AND SAVINGS
ACCOUNTS
At the time of separation, the parties were titled to the following retirement
accounts.
Composition of accounts (as of August 2009)
Husband: Pension/Retirement account: Deferred compensation program
$5,200.62 (6/09) and SERS $19,812.70 (December 2008 Statement)
Wife: Pension/Retirement/401(k) account:
Neither party shall make further claim to a retirement or financial account of the
other party.
12. MEDICAL INSURANCE
Neither party is required to maintain medical insurance coverage for the
benefit of the other party following the entry of a Decree in Divorce.
13. MARITAL DEBTS
(a) During the course of the marriage, the parties incurred the following
joint obligations:
PSECU Visa
Kohls
Sears
BP Gas card - these claims have been paid in full.
Wife and Husband represent that they have taken all steps necessary to
make sure that no credit cards or similar accounts exist which provide for joint liability.
From the date of execution of this Agreement, each party shall use only those cards
and accounts for which that party is individually liable.
(b) The parties have accumulated various debts during the marriage.
Husband shall be solely responsible for the payment of any and all debt in his name.
Wife shall be responsible for the payment of any and all debt in her name.
Debts incurred solely in Husband's name: N/A
Wife:
8
(c) Since separation, neither party has contracted for any debts which the
other will be responsible for and each party indemnifies and holds harmless the other
for all obligations separately incurred or assumed under this Agreement.
14. FILING AND PAYMENT OF TAXES
The parties agree to file separate income tax returns for the year a decree
in divorce is entered. The parties represent that they have filed all income taxes for
each year up to the year a Decree in Divorce is entered. The child tax exemption shall
be shared equally by the parties.
15. DIVORCE
The parties agree to cooperate with each other in obtaining a final divorce
of the marriage. It is agreed that the parties will execute and allow to be filed the
necessary documents to obtain a divorce under Section 3301(c) or 3301(d) of the
Divorce Code.
16. DEATH PRIOR TO DIVORCE
If either Husband or Wife dies before the entry of a final decree in divorce
between the parties, this Agreement is deemed to survive the death, and the parties,
heirs or assigns shall enter into the same status as after the Agreement was entered
into.
17. INCORPORATION
This agreement is to be incorporated for the purposes of enforcement, but
not merged into any subsequent Decree in Divorce.
18. CONTINUED COOPERATION
The parties agree that they will, after the execution of this Agreement,
execute any and all written instruments, assignments, releases, deeds or notes or other
such writings as may be necessary or desirable for the proper effectuation of this
Agreement.
19. COUNSEL FEES
Except as otherwise provided for in this Agreement, each party shall be
responsible for his or her own legal fees and expenses.
20. BREACH
If either party breaches any provision of this Agreement, the other party
shall have the right, at his or her election, to sue for damages for such breach, and the
party breaching this contract shall be responsible for the payment of legal fees and
costs incurred by the other in enforcing their rights under this Agreement or for seeking
such other remedies or relief as may be available to him or her.
21. VOLUNTARY AGREEMENT
The provisions of this Agreement are fully understood by both parties and
each party acknowledges that the Agreement is fair and equitable; that it is being
entered into voluntarily; and that it is not the result of any duress or undue influence.
22. WAIVER OF CLAIMS AGAINST ESTATES
Except as herein otherwise provided, each party may dispose of his or her
property in any way, and each party hereby waives and relinquishes any and all rights
he or she may now have or hereafter acquire under the present or future laws of any
jurisdiction to share in the property or the estate of the other as a result of the marital
relationship, including without limitation, dower, curtsey, statutory allowance, widow's
allowance, right to take in intestacy, right to take against the will of the other and the
right to act as administrator or executor of the other's estate.
23. BINDING EFFECT
This Agreement shall be binding upon the parties' heirs, successors and
assigns.
24. MODIFICATION AND WAIVER
Any modification or waiver of any of the provisions of this Agreement shall
be effective only if made in writing and executed with the same formalities as this
Agreement. The failure of either party to insist upon strict performance of any of the
provisions of this Agreement shall not be construed as a waiver of any subsequent
default of the same or similar nature.
10
25. PRIOR AGREEMENTS
It is understood and agreed that any and all prior agreements which may
have been made or executed or verbally discussed prior to the date and time of this
Agreement are null and void and of no effect.
26. ENTIRE AGREEMENT
This Agreement contains the entire understanding of the parties, and
there are no representations, warranties, covenants or undertakings other than those
expressly set forth herein.
27. DESCRIPTIVE HEADINGS
The descriptive headings used herein are for convenience only. They
shall not have any binding effect whatsoever in determining the rights or obligations of
the parties.
28. APPLICABLE LAW
This Agreement shall be construed under the laws of the Commonwealth
of Pennsylvania.
IN WITNESS WHE
and the year first written above.
W'itnes's
Witness
11
Commonwealth of Pennsylvania :
County of 6.k--v3 et A
ss
PERSONALLY APPEARED BEFORE ME, this 13 day of w2nn'be 4
200_, a notary public, in and for the Commonwealth of Pennsylvania, Michael A.
Bartlebaugh, known to me (or satisfactorily proven to be) the person whose name is
subscribed to the within agreement and acknowledged that he executed the same for
the purposes herein contained.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal.
coMMOW AL PENNSYLVANIA
Mom sew
Hope A. Msfts. Notary PubWc
CurnbMland County
oct. tt, zotz
PennayNania Association of Notsrlaa
Commonwealth of Pennsylvania
County of
: ss
kv,4- 'j ?'
Notary Public
PERSONALLY APPEARED BEFORE ME, this (a day of N -LZV---1-
200% a notary public, in and for the Commonwealth of Pennsylvania, Tanya E.
Bartlebaugh, known to me (or satisfactorily proven to be) the person whose name is
subscribed to the within agreement and acknowledged that she executed the same for
the purposes herein contained.
MoRMIK ifoAl
ooN ??
owy P"
my O c 3
Notary Public
FIED
OF THE Fa
2009 NGli 16 f 1 : ! 6
M
aN/IJ4 E^C
Y) r?? ,`? UlM iA38li1M.i, ?+t:i'..atT?• ?I1lJA?
tiWisi >
t .f W-3
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
MICHAELA BARTLEBAUGH
V.
TANYA F RARTI_EBAUGH NO. M08-3027
DIVORCE DECREE
AND NOW, A)ay , /7 a,= I , it is ordered and decreed that
MICHAELA. BARTLEBAUGH , plaintiff, and
TANYA E. BARTLEBAUGH , defendant, are divorced from the
bonds of matrimony.
Any existing spousal support order shall hereafter be deemed an order for
alimony pendente lite if any economic claims remain pending.
The court retains jurisdiction of any claims raised by the parties to this action
for which a final order has not yet been entered. Those claims are as follows: (If no
claims remain indicate "None.")
The marriage settlement Agreement dated November 13, 2009 is incorporated
but not merged into this Decree.
By the Court,
a4
f