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HomeMy WebLinkAbout01-4631POPPY J. NATALIE, Plaintiff ROBERT S. NATALIE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : 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 s~t 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 fights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce decree being handed down by the Court. A list of marriage counselors is available in the Office of the Prothonotary at the Cumberland County Courthouse, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor bom the list. All necessary arrangements and the cost of counseling sessions are to be borne by you and your spouse. 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 YOUDO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249~3166 POPPY J. NATALIE, Plaintiff ROBERT S. NATALIE, Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : No. : CIVIL ACTION - LAW : IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the Plaintiff, POPPY J. NATALIE, by and through her counsel, Kollas and Kennedy, and respectfully represents as follows in support of the within Complaint: 1. Plalntiffis Poppy J. Natalie, an adult individual currently residing at 39 Oneida Road, Shiremanstown, PA 17011. PlalntiWs Social Security Number is 106-684644. Plaintiffretired from the U.S. Army on June 18, 2001. 2. Defendant is Robert S. Natalie, an adult individual with a last known address of 405 Meadow Lane, Shermansdale, PA 17090. Defendant's Social Security Number is 315-90-2201. Defendant is a member of the U.S. Army and is currently stationed at the Carlisle Barricks, Carlisle, PA. 3. Plalntiffand Defendant have been bona fide residents in the Commonwealth of Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on October 26, 199t, in Norfolk, Virginia. 5. There have been no prior actions of divorce or for annulment between the parties. 6. P~has been advised that counseling is available and that Plaintiffmay have the right to request that the court require the parties to participate in counseling. 7. Piaintiffand Defendant are both citizens of the United States. COUNT ! - DIVORCE PURSUANT TO §3301¢c) OR (d) OF THE DIVORCE CODE 8. Paragraphs 1 through 7 of this Comphint are incorporated herein by reference as though set forth in full. 9. The marriage of the parties is irretrievably broken. COUNT II REQUEST FOR EQUITABLE DISTRIBUTION PURSUANT TO SECTION 3502 OF THE DIVORCE CODE 10. Paragraphs 1 through 9 are incorporated herein by reference as though set forth in full below. 11. The parties are owners of marital property subject to equitable dism~oution. 12. Plaintiffrequests this Honorable Court to equitably divide, distribute or assign marital property between the parties and to assign the marital debts of the parties without regard to marital misconduct in such proportions as the Court deems just after consideration of all relevant factors. COUNT HI ALIMONY, ALIMONY pENDENTE LITE~ COUNSEL FEES AND COSTS 13. Paragraphs 1 through 12 are incorporated herein by reference as though set forth in full 14. Phintifflacks sufficient property to provide for her reasonable means and is unable to support herself through appropriate employmem. 15. plaintiff requires reasonable support to adequately maintain herself in accordance with the standard of living established during the marriage. 16. Defendant has assets which have not yet been ascertained. 17. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable attorney's fees for said counsel. 18. Plaintiff is unable to sustain herself during the course of this litigation. COUNT IV - CUSTO1)y 19. Paragraphs 1 through 18 of this Complaint are incorporated herein by reference as though set forth in full. 20. Minor children have been bom to the marriage between Plaintiff and Defendant: (a) A Daughter, Kelsea Noel Natalie, was bom on December 31, 1992 (b) A Daughter, Meghan Elizabeth Natalie, was bom on December 4, 1996. 21. The children are presently in the custody of Plaintiff. 22. a. In the past five years, Kelsea Noel Natalie has resided with the following persons and at the following addresses: Robert and Poppy Natalie Robert and Poppy Natalie Robert and Poppy Natalie Poppy Natalie 7404 E. Kenmore Drive Norfolk, VA 1117-B Macomb Road Honolulu, HI 39 Oneida Road Shiremanstown, PA 39 Oneida Road Shiremanstown, PA Birth - 6/93 6/93-6/96 6/96 - 6/24/01 6/24/01 -Present b. In the past five years, Meghan EliTsbeth Natalie has resided with the following persons and at the following addresses: Robert and Poppy Natalie Poppy Natalie 39 Oneida Road Shiremanstown, PA 39 Oneida Road Shiremanstown, PA Birth- 6/29/01 6/29/01-Present 23. Plaintiffis aware of no pending custody proceeding concerning the children in a court of this Commonwealth. 24. The Plaintiff seeks primary physical and shared legal custody of the children, Kelsea Noel Natalie and Meghan Elizabeth Natalie. 25. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Plaintiffhas maintained the role ofprimary caregiver to the child. (b) Plaintiffis more likely to facilitate a relationship between the other parent and the child. (c) Plaintiff can provide a nurturing, stable, and loving environment for the child. COUNT V - REOUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT AND INCORPORATION THEREOF IN DIVORCE DECREE 26. Paragraphs 1 through 25 ofthis Complaint are incorporated herein by reference as though set forth in full. 27. The public policy of the Coiiiriionwealth of Pennsylvania encourages parties to a marital dispute to negotiate a settlement of their differences. 4 28. While no settlement bas been reached as of the date of the filing of this Complaint, Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant and is hopeful that Defendant may also be willing to enter into a marital settlement agreement. 29. To the extent that a written settlement agreement might he entered into between the parties, Plaintiff desires that such written agreement he approved by the Court and incorporated in any divorce decree which may be entered dissolving the marriage between the parties. WHEREFORE, the Plaintiffpmys that Judgmem and Decree he entered as follows: (a) As to Count I, that a decree be entered divorcing Plaintiff from the bonds of matrimony with the Defendant pursuant to 23 Pa.C.S. Section 3301 (c) or (d); and (b) As to Count II, that an Order he entered equitably distributing property of the marriage; and (c) As to Count III, that your Honorable Court enter an award of Alimony Pendente Lite, interim counsel fees and costs followed by a hearing and final award of Alimony, cost and fees as deemed appropriate; and (d) AS to Count IV, that primaxy physical and shared legal custody he granted to PLaintiffi and (e) AS to Count V, that any settlement agreement reached between the parties he incorporated but not merged into the decree in divorce. RESPECTFULLY SUBMITTED, Mary Ko ll~K~q~a~iy7 Esquire ~ KOLLAS ~ KENNEDY I.D. No. 69ff46 1104 Fernwood Avenue, Suite 104 Camp Hill, Pennsylvania 17011 Telephone: (717) 7314600 ATTORNEY l~OR PLAINTIFI~ 6 POPPY J. NATALIE, Plaintiff ROBERT S. NATALIE, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION - LAW IN DIVORCE VERIFICATION I, POPPY J. NATALIE, verify that the statements made in the foregoing COMPLAINT are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904, relating to unswom falsification to authorities. DATE: 3 / ,9'UL. 0 i Z z~ POPPY J. NATALIE PLAINTIFF V. ROBERT S. NATALIE DEFENDANT 1N THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 01-4631 CIVIL ACTION LAW IN CUSTODY AND NOW, Monday, August 06, 2001 , upon consideration of the attached Complaint, it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator, at 39 West Main Street, Meehaniesburg, PA 17055 on Tuesday, September 04, 2001 at 1:00 p.m. for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. All children age five or older may also be present at the conference. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. The court hereby directs the parties to furnish any and all existing Protection from Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, By: /s/ Damon S. Sunday. Esq. Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT HAVE AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE ri'HE OFFICE SET FORTH BELOW TO FIND OUT WI-I~RE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 Telephone (717) 249-3166 POPPY J. NATALIE, Plaintiff ROBERT S. NATALIE, Def~ndlmt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4631 Civil Term CIVIL ACTION - LAW IN DIVORCE PRAECIPE To the Protl~notary: Please withdraw the Complaint in Divorce in the above-rcfereneed ease on behalfofPlaintiff. RESPECTFULLY SUBMITTED: KOLLAS AND KENNEDY 1104 Femwood Avenue Camp Hill, PA 17011 (717) 731-1600 ATTORNEY FOR PLAINTIFF ~ o & LISA A. STRUTHERS Plaintiff DONALD STRUTHERS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-468 I CIVIL ACTION - I,AW IN CUSTODY ENTRY OF APPEARANCE TO THE PROTHONOTARY OF THE SAID COURT: Please enter the appearance of the LAW OFIqC[~S OF RICI IARI) C. GAFFNEY as counsel of record for the Defendant, Donald Struthcrs, Jr. Rcspectfully submitted, LAW OFFICES OF R. ICI lARD C. GAFFNEY Laura A. Gargiulo?Esqt~t'e PA Supreme Court ID No. 86128 2120 Market Street, Suite 101 Camp llill. PA 17011 Telephone: 717-975-9033 Facsimile: 717-975-9034 LISA A. STRUTHERS Plaintiff DONALD STRUTHERS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-4681 CIVIL ACTION - LAW IN CUSTODY CERTIFICATE OF SERVICE I, Laura A. Gargiulo, Esquire hereby certify that on the ~ rtl day of August, 2001, I served a tree and correct copy of the foregoing Entry of Appearance to the individuals hereinafter named by depositing a copy of same in United States First Class Mail, postage prepaid, addressed as follows: Gregory S. HazieR, Esquire Hazlett & Oesterling 20 South Market Street Mechanicsburg, PA 17055 PA ~7011 Il, LAW OFFICES OF RICHARD C. GAFFNEY T~i~p lone (717) 975-9033 i Ffic 975-9034 LISA A. STRUTHERS Plaintiff DONAI.D STRUTHERS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERI.AND COUNTY, PENNSYLVANIA Docket No. 01-4681 CIVIL ACTION LAW IN CUSTODY TO: NOTICE TO PLEAD I,isa A. Struthcrs, Plaintiff and Gregory S. Hazlett, Esquirc, Attorney for Plaintiff YOU ARE IIEREBY NOTIFIED to file a written response to the enclosed Answer and Counterclaim to Complaint tbr Custody within twenty (20) days from service hereof or a judgment may be entered against you. LAW OFFICES OF RICHARD C. GAFFNEY Laura A. Garlg/-flo?F~squire PA Supreme Court ID No. 86128 2120 Markct Street, Suite 101 Camp Hill, PA 17011 Telephonc: 717-975-9033 Facsimile: 717-975-9034 LISA A. STRUTHERS Plaintiff DONALD STRUTHERS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 014681 CIVIL ACTION - LAW CUSTODY ANSWER AND COUNTERCLAIM AND NOW, comes Defendant, Donald Stmthers, Jr., by and through his attorneys, Law Offices of Richard C. Gaffney, who files the following Answer and Counterclaim to Plaintiff's Complaint for Custody, and who in support thereof states as follows: ANSWER Admitted. Admitted. No response required. To the extem a response to paragraph 3 is required, the same is denied. It is further denied that Devon Struthers address is the same as mother's. To the contrary, Devon Stmthers currently resides with his father at 2270 Pine Road, Newville, Pennsylvania 17241. 4. Admitted. 5. Admitted in part and denied in part. Defendant admits that Meagan and Rebecca Stmthers presently reside with Plaintiff; however, Defendant denies that all the children are presently in the custody of Plaintiff. To the contrary, the parties' eldest child, Devon Stmthers, currently resides with Defendant at 2270 Pine Road, Newville, Pennsylvania 17241. 7. 8. 9. Denied for the reasons set forth in paragraph 5 above. Admitted. Admitted. Admitted. 10. Admitted that the parties are separated and that they currently remain married. 11. Admitted in part and denied in part. Admitted that Plaintiff is the biological mother of the children. Denied that Devon Stmthers resides with Plaintiff. Devon Struthers currently resides with his father, Defendant herein. By way of further answer, Defendant has reason to believe that other individuals may also be residing with Plaintiff, to wit, Mikah Cox, an adult male, and his son, Legend Cox, a child of approximately 5 years of age. 12. No response required. 13. No response required. 14. No response required. 15. Denied. It is denied that the best interest and permanent welfare of the children will be served by granting the relief requested by Plaintiff. (a) Denied. It is denied that all the children curremly reside with their mother. To the contrary, Devon Stmthers, resides with his father. It is denied that Plaintiff has been the primary caretaker and caregiver to the children, and further denied that Plaintiff will provide the children with comfort, permanency and familiarity. (b) Denied. It is denied that Plaintiff can provide a predictable and stable lifestyle for the children and that it is in their best interest to reside with Plaintiff. WHEREFORE, Defendant, Donald Stmthers, respectfully requests that this Honorable Court DENY Plaintiff's request for primary physical custody of the children. COUNTERCLAIM AND NOW, comes Donald Stmthers, Jr., Defendant/Plaintiff in Countemlaim, by and through his attorneys, Law Offices of Richard C. Gaffney, who avers as follows: 16. Defendant's responses as set forth in paragraphs 1 through 15 above are incorporated by reference as though set forth at length herein. 17. Defendant/Plaintiff in Counterclaim is Donald Stmthers, Jr. ("Father"), who resides at 2270 Pine Road, Newville, Cumberland County, Pennsylvania 17241. 18. Nottingham Drive, Mechanicsburg, Cumberland County, Pennsylvania 17050. 19. Father seeks custody of the following children: Meagan Struthers Rebecca Struthers Plaintiff/Defendant in Counterclaim is Lisa Struthers ("Mother"), who resides at 1 Name Present Residence Age Devon Stmthers 2270 Pine Road 11 Newville, PA 17241 1 Nottingham Drive Mechanicsburg, PA 17050 1 Nottingham Drive Mechanicsburg, PA 17050 9 6 20. The children were bom within wedlock. Devon Struthers currently resides with Father. Meagan and Rebecca Struthers presently reside with Mother. 21. Prior to January 5, 2001, the children resided with both Mother and Father. From January through June 2001, the children resided with Mother. From June to July 2001, the children resided with Mother, Mikah Cox, an adult male, and his son, Legend Cox, a child of approximately 5 years of age. In July 2001, Devon Stmthers moved in with Father and continues to reside with Father. Meagan and Rebecca Stmthers presently reside with Mother, Mikah and Legend Cox. 22. The biological father of the children is Donald Struthers, Jr., Defendant/Plaintiff in Countemlaim. He is married to the mother of the children, Plaintiff/Defendant in Countemlaim; however, the parties are living separate and apart. Father currently resides with the following persons: Name Relationship Devon Stmthers Son Patricia Stmthers Mother 23. The biological mother of the children is Lisa Stmthers, Plaintiff/Defendant in Counterclaim. She is married to Father; however, the parties are living separate and apart. Upon information and belief Mother currently resides with the following persons: Nanle Meagan Stmthers Rebecca Stmthers Mikah Cox Legend Cox Relationship Daughter Daughter Boyfriend Boyfriend's Son 24. Father has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the children in this or another court. Father has no other information of a custody proceeding concerning the children pending in a Court of this Commonwealth. Father does not know ora person not a party to the proceedings who has physical custody of the children or who claims to have custody or visitation rights with respect to the children. 25. The best interests and permanent welfare of the children will be served by granting the relief requested because: (a) Father can provide the children with stability and certainty, and a healthy and loving environment. (b) Father will promote communications and liberal access between the children and their mother. (c) It is believed that Mother is in an unstable, unpredictable and unhealthy environment, which will negatively impact upon the children should Mother be granted primary custody of the children. (d) The children have expressed a desire to live with Father, and one child, Devon Stmthers, has already moved into Father's residence. 26. Each parent whose parental rights to the children have not been terminated and the persons who have physical custody of the children have been named as parties to this action. WHEREFORE, Donald Struthers, Defendant/Plaintiff in Counterclaim, respectfully requests that this Honorable Court grant and award him primary physical custody of the children. Respectfully submitted, LAW OFFICES OF RICHARD C. GAFFNEY - Laura A. Gar[iul{~JEsquire PA Supreme Court ID No. 86128 2120 Market Street, Suite 101 Camp Hill, PA 17011 Telephone: 717-975-9033 Facsimile: 717-975-9034 VERIFICATION I, Donald Stmthers, Jr., verify that the statements contained in the foregoing pleading are tree and correct to the best of my knowledge, information and belief. I understand that false statements therein are made subject to the penalties of 18 Pa.C.S.A. § 4904, relating to unswom falsification to authorities. Date: ~/0,,'~//~o,o, LISA A. STRUTHERS Plaintiff DONALD STRUTHERS, JR. Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Docket No. 01-4681 CIVIL ACTION - LAW CUSTODY CERTIFICATE OF SERVICE I, Laura A. Gargiulo, Esquire hereby certify that on the"ac:~'/t'/~ day of August, 2001, I served a true and correct copy of the foregoing Answer and Counterclaim to the individuals hereinafter named by depositing a copy of same in United States First Class Mail, postage prepaid, addressed as follows: Gregory S. Hazlett, Esquire Hazlett & Oesterling 20 South Market Street Mechanicsburg, PA 17055 POPPY NATALIE, Plaintiff VS. ROBERT S. NATALIE, Defendant :IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : : NO. 01-4631 CIVIL TERM : : IN CUSTODY .ORDER OF COURT AND NOW, this 28th day of August, 2001, the Conciliator, being advised by Plaintiff's counsel that Plaintiff is withdrawing her Complaint in Divorce, including her claim for Custody, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for September 19, 2001 is canceled. FOR THE COURT, Custody Conciliator