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HomeMy WebLinkAbout97-02646 ~ . . t- (!- . ~I " ..... " \ , \ j , . . // ,., " ;' \ " 0' , . i i " * ~ ..' s s v ~.' ;', " .' ~ ,', ~ ~ '. ~ . *~~**~*~*'~~*~'*~*'~'~~*)~*.'*-~***~~.~ ~,'--~--'--'---"" -- ~ '".,.-. .-.".....-.... - . . - _..._-~.__. ,;r -.' c:- ~ 8 ~ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY i;~\i. ~ PENNA. ~ ~~.~2 ~. ........*':'J .~r ~! .. ~ '.' 8 ~ STATE OF ~ s ~ DAVID R. LENKER, SR., * i'\ I) .9}-::2.6.~L qY,U~...'!:,ERM ri: '.' Plaintiff ~, \'('1'...; II s * ARLENE F. LENKER, ~ Defendant s .' * ~ ',' DECREE IN DIVORCE ~ '.' ~l .. ~ ,'; $ ANDNOW.".....Ayf,~,../":~,. 19')7,.., it is ordered and decreed that... ., , ,DAVID. ,R., LENKER" ,SR...,.. , .., , ... .,...., plaintiff. and . . . . . .. .. .. .. , . .. ~!~,~~~~, ,F, '.. ~~~,~~~, .. .. , .. , , .. , , .. , . , ". defendant. are divorced from the bonds of matrimony, ~ ~.' ~ ~.' $ v ',' v ',' 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 attached agreement between the parties dated April 4, 1997 ,. ,...... .... ....... ......' .................... .... .., ...... .... ..... .. "f ,.~!?, .i.l]"c?~p'~r\l~!'ld ,I?\l,t, ,l)c?~, ,l1)qJ;"g~,q, ~fl,t;q, j:!1.~~, P,i~qJ;"~p. ,OQ~I-"gq... .. , n y T I ' C (I \I r t :1 7" .4#- Alle.l: "cXl~,i-tL;tC~ f,., t~!LtJti,~, ,6}.,.7Jf:n,,,,?Jl;J' ~"C{ j:/ .J<...:'I'!( ~4 /I ./ Prothonolary / ~ ~ l: ~ ~ ~ ~ ----.- - .. --.-" .. .. - ~~~**-*********.~~~.*.* .~ .:+:. .:+:. .:+> -:0):' .:+:. .:+:. .:+:. .:t:. .:+:. .:.:.' s ~ ',' s ~ ',' ~ ~ ."~ ~ ,', ~ ~ '.' ~ '.' ~ ',' s ~ ',' ~ !~ ,', ~ ."~ ~ ~ ~ 0:> L' ~ ~ ~.~ ~ ~". ~ ~ '.' s ~ ~ ',' * I~ !~ I~ ;", )~ )'." I, ,~ . . '~ ~ , . I~ ).., " ... MARITAL PROPERTY AND SETTLEMENT AGREEMENT THIS AGREEMENT, made this ~~ day of ~~ , 1997, by and between DAVID R. LENKER, SR., party of the first part, hereinafter referred to as "Husband", and ARLENE F. LENKER, party of the second part, hereinafter referred to as "Wife". WITNESSETH: WHEREAS, the parties hereto are husband and wife, having been married on April 21, 1979, in Mechanicsburg, Pennsylvania, and having been separated on February 1, 1997; and WHEREAS, certain differences have arisen by and between the parties as a result of which they have now separated, living independent and apart from one another, and the parties hereto are desirous of settling fully and finally their respective financial and property rights and obligations as between each other including, without limitation by specification: the settling of all matters between them relating to the ownership and equitable distribution of real and personal property; the settling of all matters between them relating to the past, present and future support, alimony and/or maintenance of Wife by Husband or of Husband by Wife; and in general, the settling of any and all claims and possible claims by one against the other or against their respective estates. ~. . WHEREAS, the parties being fully advised as to their respective rights, duties and obligations growing out of their marital status, particularly with respect to the relevant sec- tions of the Divorce Code, Act of April 2, 1980, P.L. 63, Act No. 26, as amended, 23 P.S. 3101 et sea., and being fully aware of their right to consult with or having consulted with their respective legal counselor advisors, namely James D. Bogar, Esquire, Attorney for Husband, and P. Richard wagner, Esquire, Attorney for Wife, and acknowledging the opportunity and ability to request a full and complete disclosure of income and assets from the other, and reviewing this Agreement, have come to an agreement as to each and all of their said matters of property and relations; and WHEREAS, Husband will be filing a Complaint in Divorce, said Complaint to be filed and docketed in the Cumberland county Prothonotary's Office. NOW, THEREFORE, in consideration of the above recitals and the mutual covenants hereinafter set forth, each of the parties hereto intending to be legally bound hereby by affixing their hands and seals agree as follows: 1. ADVICE OF COUNSEL Husband and Wife acknowledge that they have been given the opportunity to obtain the advice of counsel regarding the 2 , ~ provisions of this Agreement and their legal effect in advance of the date set forth above to permit such independent review. Each party acknowledges that he or she has had the opportunity to receive independent legal advice from counsel from his or her selection, and that each fully understands the facts and has been fully informed as to his her or her legal rights and obligations, and each party acknowledges and accepts that this Agreement is, and the circumstances, fair and equitable, after having the opportunity to receive such advice and with such knowledge, and that execution of this Agreement is not the result of any im- proper or illegal agreement or agreements. In addition, each party hereto acknowledges that he or she has had the opportunity to be fully advised by his or her respective attorney of the impact of the Pennsylvania Divorce Code, whereby the court has the right and duty to determine all marital rights of the parties including divorce, alimony, alimony pendente lite, equitable distribution of all marital property or property owned or pos- sessed individually by the other, counsel fees and costs of litigation and, fully knowing the same and having the opportunity to be fully advised if his or her rights thereunder, each party hereto still desires to execute this Agreement, acknowledging that the terms and conditions set forth therein are fair, just and equitable to each of the parties, and waives his and her 3 , . respective right to have the Court of Common Pleas of Cumberland County, or any other court of competent jurisdiction, make any determination or order effecting the respective parties rights to a divorce, alimony, alimony pendente lite, equitable distribution of all marital property, counsel fees and costs of litigation. 2. SEPARATION It shall be lawful for each party at all times hereafter to live separate and apart from each other in such place or places as he or she may from time to time choose. 3. INTERFERENCE Each party shall be free from interference, authority and control, direct or indirect, by the other as fully as if he or she were single and unmarried. Neither shall molest the other or their respective families, or compel or endeavor to compel the other to cohabitate or dwell with him or her, or to in any way harass or malign the other or their respective families. 4. WAIVER OF CLAIMS AGAINST ESTATES Except as otherwise provided herein, Husband relin- quishes his inchoate intestate right and his right to act as a personal representative in the estate of Wife, and Wife relin- quishes her inchoate intestate right and her right to act as a personal representative in the estate of Husband. Each of the parties hereto by their presents, for himself or herself, his or 4 I her heirs, executors, administrators or assigns, does remise, release, quit-claim and forever discharge the other party hereto, his or her heirs, executors, administrators or assigns or any of them, of any and all claims, demands, damages, actions, causes of actions, suits, at law or equity, of whatsoever kind or nature, for or because of any matter or thing omitted or suffered to be done by said other party prior to and including the date hereof, except that this release shall in no way exonerate or discharge either party hereto from the obligations and promises made and imposed by reason of this Agreement and shall in no way affect any cause of action in absolute divorce which either party may have against each other. S. MARITAL PROPERTY The parties hereto acknowledge that during their marriage they have acquired, individually or jointly, various marital assets and real property, including the following items: A. Assets (i) Real property located at 1601 McCormick Drive, Mechanicsburg, Pennsylvania (marital residence - jointly owned); and (ii) Retirement - pension plans of Husband with Lower Allen Township; and s . , (iii) Retirement - pension plans of Wife with Lower Allen Township; and (iv) Personal property and contents of home (jointly owned); and (v) Rolling Green Cemetery lots (jointly owned); and (vi) various bank accounts including, but not necessarily being limited to, checking, savings, and certificates of deposit (owned separately by both Husband and Wife and jointly); and (vii) Insurance policies owned separately by Husband and Wife; and B. VEHICLES C. (i) 1986 Ford Pick-up Truck owned by Wife; and (ii) 1986 Terry Camper owned jointly; and (iii) 1992 Chevy Lumina owned by Husband; and (iv) 1985 chevy Pick-up Truck owned by Husband; and (v) 1968 Chevy Chevelle owned jointly; and DEBTS (i) various credit cards in the name of wife alone. Husband and Wife acknowledge that they are aware of their respective rights pursuant to the Divorce Code of 1980, as amended, to obtain formal valuations or appraisals of the marital residence, and other items of marital property. The parties 6 < . hereby waive any necessity for completing or attaching any financial disclosure(s). Each party further acknowledges the opportunity to attach a full and complete financial disclosure and that such disclosure is not desired to effectuate a fair and equitable resolution of their marital rights, duties and obliga- tions as provided in the Divorce Code of 1980, as amended. Husband and Wife further agree that they will not attach values to any of the above-listed assets and/or debts. 6. PERSONAL PROPERTY The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her posses- sion, whether said property is heretofore owned jointly or individually by the parties hereto, and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual posses- sions of each of the parties hereto. 7. REAL ESTATE Wife agrees to transfer her right, title and interest in and to the parcel of jointly-owned real estate with improve- 7 , ments thereon situate at 1601 McCormick Drive, Mechanicsburg (Lower Allen Township) Pennsylvania, as more specifically described in the deed attached hereto as Exhibit "A", to Husband, and to sign all documents necessary to effect said transfer of the title to the real estate to his name individually. The deed for said real estate will be held in escrow by James D. Bogar, Esquire, until the divorce is made final, said Divorce complaint to be filed by Husband as set forth hereinbelow. Furthermore, James D. Bogar, Esquire, is authorized by both Husband and Wife to record said deed upon the conclusion of the divorce and, further, upon Husband paying to wife the amount of $60,000.00 as set forth hereinbelow. Husband and Wife acknowledge that there are no encumbrances, liens, judgments or other liabilities presently recorded against the real estate and improvements erected thereon. Husband further shall indemnify Wife on account of any obligation he may have to her concerning the ownership of the real estate including, but not being limited to, municipal liens, real estate taxes, sewer and water assessments, fire and casualty insurance, and utilities. 8. MOTOR VEHICLES The parties hereto agree that Husband shall be entitled to have sole and exclusive control, benefit, use and title of the 8 . 1992 Chevy Lumina, 1985 chevy Pick-up Truck and 1968 chevy Chevelle, or the proceeds thereof, and that he shall hold Wife harmless from and assume full responsibility for any liability for the 1992 Chevy Lumina, 1985 Chevy Pick-up Truck and 1968 Chevy Chevelle. The parties hereto agree that Wife shall be entitled to have the sole and exclusive control, benefit, use and title of the 1986 Ford pick-up Truck and 1986 Terry Camper, or the proceeds thereof, and that she shall further hold Husband harmless from and assume full responsibility for any liability for the 1986 Ford pick-up Truck and 1986 Terry Camper. The parties hereto agree that titles to the motor vehicles shall be transferred within twenty (20) days from the date of this Agreement to the party receiving the motor vehicle, if applicable. 9. MISCELLANEOUS (A) The parties hereto acknowledge and agree that any and all savings and checking accounts, as well as certificates of deposit and other investment accounts, owned by them jointly or singly, have been divided to their mutual and individual sati- sfaction. (B) Neither party hereto shall make a claim upon the other for accumulated pension, profit-sharing, retirement sup- port, retirement benefits, insurance policies, IRA's, or any 9 . retirement-related benefits, excepting only those benefits set forth in the Agreement. (C) The parties hereto acknowledge and agree that any and all life insurance policies owned by them jointly or singly have been divided to their mutual and individual satisfaction. Each party hereto acknowledges that they have in their sole possession those policy or policies of life insurance which they intend to keep and retain as their sole and exclusive property and, further, each party shall have the right to designate the beneficiaries of said policies. (D) The division of existing marital property is not, except as otherwise expressly provided herein, intended by the parties to constitute in any way, a sale or exchange of assets and the division is being affected without the introduction of outside funds or other property not constituting a part of the marital estate. As a part of an equitable division of the marital properties and the marital settlement herein contained, the parties hereto agree to save and hold each other harmless from all income taxes assessed against the other resulting from the division of the property as herein provided. (E) Each party represents and warrants to the other that he or she has not incurred any debt, obligation or other liability, other than those described in this Agreement, on which 10 the other party is or may be liable. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and such party agrees to pay it as the same shall become due, and to indemnify and hold the other party and his or her property harmless from any and all such debts, obligations and liabilities. (F) Husband and Wife agree to file joint income tax returns for income tax year 1996. Husband will pay the cost of preparation of the tax returns. Husband and Wife agree to equally divide any 1996 federal income tax refund. Husband agrees to pay any state income tax that may be due and owing on the 1996 return. Husband also agrees to pay to Wife the difference between what Wife would have owed if she had filed an individual federal personal income tax return for 1996 and what Husband would have owed if he would had filed an individual federal income tax return for 1996. Each party represents and warrants to the other that each shall file separate income tax returns for tax year 1997 and thereafter. Information maintained by one party which is necessary to complete any subsequent income tax return by the other party shall not be unreasonably withheld upon the request of either party. 11 , (G) Husband will pay to wife the amount of $60,000.00, said payment to be made in full upon a divorce being made final, said Divorce Complaint to be filed by Husband as set forth hereinabove. 10. DEBTS OF HUSBAND AND WIFE The parties hereto agree that any and all obligations incurred subsequent to the date of separation, said date being February 1, 1997 shall be the sole and individual responsibility of the party incurring the obligation. Husband represents and warrants to Wife that from the signing of this Agreement and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save harmless Wife from any and all claims or demands made against her by reason or debts or obligations incurred by him. Wife represents and warrants to Husband that from the signing of this Agreement and in the future she will not contract or incur any debt or liability for which Husband or his estate might be responsible and shall indemnify and save harmless Husband from any and all claims or demands made against him by reason or debts or obligations incurred by her. Wife further represents and warrants that she will assume full and complete financial responsibility for any and all 12 I credit cards in her name and, further, shall indemnify and save harmless Husband from any and all claims or demands made against him by reason of these obligations. 11. ALIMONY, SUPPORT AND MAINTENANCE Both parties acknowledge and agree that the provisions of this Agreement providing for equitable distribution of marital property are fair, adequate and satisfactory to them and are accepted by them in lieu of and in full and final satisfaction of any claims or demands that either may now or hereafter have against the other for support, maintenance or alimony. Husband and Wife further, voluntarily and intelligently, waive and relinquish any right to seek from the other any payment for support, alimony and maintenance and, further, waive and relin- quish any rights to division of property, other than provided in this Agreement and, finally, waive any rights to alimony pendente lite, counsel fees and court costs. Husband and Wife both agree that they have been respectively advised and are aware of the contents of the provisions of the Divorce Code, as amended, in Pennsylvania, wherein considerations are set forth in determining an appropriate amount, if any, to be paid in the form of alimony. After being fully advised of the contents of the Divorce COde, as amended, both parties voluntarily and intelligently waive and 13 relinquish any right to seek from the other payment for support, alimony and maintenance. 12. MUTUAL RELEASE Subject to the provisions of this Agreement, each party waives his or her right to alimony and further distribution of property inasmuch as the parties hereto agree that this Agreement provides for an equitable distribution of their marital property in accordance with the Divorce Code, as amended. Subject to the provisions of this Agreement, each party has released and dis- charged and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands what- soever in law or equity, which either of the parties ever had or now has against the other, except any or all cause or causes of action for divorce or except in any or all causes of action for breach of any provisions of this Agreement. Each party also waives their right to request marital counseling pursuant to section 3302 of the Divorce Code. 13. SUBSEOUENT DIVORCE A decree in divorce entered by a court of competent jurisdiction to either party shall not suspend, supersede or affect the terms of this Agreement. Both parties agree, if 14 requested, to enter a Consent Order or Orders concerning the provisions of this Agreement in the Court of Common Pleas of Cumberland county, Pennsylvania, or any other Court of competent jurisdiction, as a part of a resolution of any divorce action filed or to be filed. This Agreement, and the terms and conditions contained herein, as well as the enforcement of said terms and conditions, shall be contingent upon the granting of a Divorce Decree to either party by the Court of Common Pleas of Cumberland County, Pennsylvania, or any other Court of competent jurisdiction. Furthermore, both parties hereto agree, if requested, to execute the appropriate affidavits and consents and waiver of formal notice forms to secure a No-fault Divorce as may be required by the Divorce Code, as amended. Such forms shall be signed by both parties upon transfer of the real estate and exchange of funds as set forth hereinabove. Both parties hereto agree that this Agreement may be incorporated into a separate Court Order but shall not merge in such order. 14. 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. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of 15 marital and separate property are fair, equitable and satisfactory to them based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any court of competent jurisdiction pursuant to section 3502 of the Divorce Code or any amendments thereto. Husband and Wife each voluntarily and intelligently waive and relinquish any right to seek a court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 15. VOLUNTARY EXECUTION The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party acknowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full knowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties acknowledge that they have been furnished with all information 16 relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 16. ADDITIONAL INSTRUMENTS Husband and Wife shall from time to time at the request of the other, execute, acknowledge and deliver to the other party any and all further instruments that may be reasonably required to give full force and effect to the terms of this Agreement. 17. 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 formality 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. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or construed as a waiver of any other term, condition, clause or provision of this Agreement. 18. BREACH If either party hereto breaches any provision of this Agreement, the other party shall have the right, at his or her election, to sue for such breach, or seek other remedies or relief as may be available to him or her. Both parties agree and are aware that non-compliance with any provision of this Agree- 17 ment permits either party to pursue appropriate legal remedies, including sanctions as set forth in 23 Pa. C.S.A. ~3105. Each party further hereby agrees to save and hold harmless the other party from any and all attorneys' fees, costs and legal expenses and expenses that either may sustain, or incur or become liable or answerable for, in any way whatsoever, or shall pay upon, or in consequence of, any default or breach by the other of any of the terms or provisions of this Agreement by reason of which either party shall or shall be obliged to retain or engage counsel to initiate or maintain or defend proceedings against the other at law or equity or both or in any way what- soever, provided that the party who seeks to recover such attorneys' fees, costs and legal expenses and expenses must first be successful in whole or in part, before there would be any liability for attorneys' fees, costs, legal expenses and expenses. It is the specific agreement and intent of the parties that a breaching or wrongdoing party shall bear the burden and obligation of any and all costs and expenses and counsel fees incurred by the other party in endeavoring to protect and enforce his or her rights under this Agreement. All remedies provided by law and all remedies provided for in this Agreement for enforcement of the Agreement shall be deemed to be cumulative and the exercise of one remedy shall not lS bar or prevent the pursuit of any other remedy and either party may elect to pursue such remedies simultaneously and the exercise of a remedy one or more times shall not exhaust its use or prevent further pursuit of such remedy. 19. DESCRIPTIVE HEADINGS The descriptive headings used herein are for convenience only. They shall not have any effect whatsoever in determining the rights or obligations of the parties. 20. INDEPENDENT SEPARATE COVENANTS It is specifically understood and agreed by and between the parties hereto that each paragraph hereof shall be deemed to be a separate and independent covenant and agreement. 21. APPLICABLE LAW This Agreement shall be construed under the laws of the Commonwealth of Pennsylvania. For purposes of contract inter- pretation and for purposes of resolving any ambiguity herein, the parties agree that this Agreement was prepared jointly by their respective attorneys. 22. VOID CLAUSES If any term, conditions, clause 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 19 ~1Jt~ IlBettJ, .If..IDE THE I'" fJ; ol(r Lm"r!. rHle tlw/I.'mnd nin.! !, II fI'/" d day Qf '." " scvcnt::.n ine '(1979) in UII~ yrar BETWEEN UAVIrJ R. LE~jKEI:, "f LOhCI' ,\ll'~n r0'-11"i']I' , ClUllberlanu County, I'ennsy 1 v;U\i:!, Gralltor and DAVID R, LENKER :U\u ,\JU.r~\l: F. LENKER, his "He, of Lower ,Ulen TO\>lllShip, Curnberl:Ulu County, PennsylvlUli:1, Gralltee s : WITNESSETH, that in c07l.'lideration of llle (51.00)---------------------------------- ______________________________________________________-------------------Dot~r~ in hand paid, thc receipt whercof is hereby acktuJwlcdged. Il", Jaid m'alltol' dres he,'eby grallt and convey to the 3aid gralltees. their heirs anll assigns: ALL that certain lot of grolmu situate in LOher ,Ulen TOhTIship, Cumber 1 anll County, PelUlsylvania, more particularly bounueu anu describeu as follO\~s, to !fit: BEG!.\'Nl.\;G at the intersection of the line uiviUin!( Lot 104B unu Lot 3SD on the hereinafter mentioned Pl:U\ of Lots I.ith ~k:Cor;itick Drive; thence along ~k:Connick Drive South 10 Jegrees 15 minutes East, 77.13 feet to a point along ~IcConllick Drive; thence continuin!( alon!( the smne on a curve to the right having a radius of 153. I) feet anu' an arc length of 112.84 feet to a point at the intersection of the line of Lot 3711 I<j th ~IcCol1nick Drive; thence along the line of Lot 3711 North 52 degrees 48 minutes West, 273.54 feet to a point at the line uividing LoU HD :md 3811; thence along said diviuing line North 12 uegrees 26 minutes 311 seconus Ilest, 50 feet to a point at the line dividing Lots 100lB :uld 380; thence along said dividing line South 82 degrees ~5 minutes East, 237,6.1 feet to a poiat, the place of IlEGINNIXG, BEI:-OG Lot :-00. 38, Section U, l'bn of Lisbum Est:ltes, I<hich plan is recorded in Cumberland COlmty Recorder's Office in Pl:U\ Book 23, Page 140, UNDER ,>lND SUB.JECr to restrictions, conditions and easements of prior record pertaining to said premises. BEING the SaJ11C premises Nhich P:lul [., Cressman, Jr, and The lJlla M, Cressman, his NHe, and Earl :;, Stauft'er :lnd lIa:el CreSSIll:U1 Stauffer, his \VHe, lUld l.aI;rence F. ~k:\iitty anu Clairc Cressman ~,Ic\'itty, his wife, by Paul L. Cressm:Ul. Jr. as Attorney-in-Fact and l':lul L. Cressm:U1, ,Jr., individually, by deed dated September 22, 19i3 and recordoJ in the Ctunberl:Uld COWlty Recorder of Deeds Office in DeeJ Book "Il", Volume 23. P:I~'~ ,113, granted and conveyed Wlto David R. Lenker, the Gr:Ultor herein, TfIl S [S .\ conve\'ance frem hush'Uld to hllsh;md anll Id t'e :UlJ is. there forc. exempt frolll taxation uilJer the Pe:U1sylv:Ulia Realt:: Tran:<:'cr T:LX ,let. .. .. , ~ ..]~~:: .....-. . .- ;:< .^jJ.\BI~ "A" : ,DAVID R. LENKER, SR" : IN THE COURT OF'COHHON PLEAS Plaintiff : : CUMBERLAND COUNTY. PENNSYLVANIA : VS. : CIVIL DIVISION : ARLENE F, LENKER, : NO. 97-2646 CIVIL TERM Defendant : 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 S3301(c) 88a&~d~~1~ of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: By Acceptance of Service dated May 22, 1997 by p, Richard Wagner, Esquire, Attorney tor Defendnnt, nnd recorded Julv 9, 1997. 3. Complete either paragraph (a) o~ (b). (a) Date of execution of the affidavit of consent required by S330l(c) of the Divorce Code: by plaintiff Septemher 17. 1997 by defendant Septcmber 2, 1997 (b)(l) Date of execution of the of the Divorce Code: service of the plaintiff's affidavit upon affidavit required by ; (2) Date of filing the r~spondent: S330l(d) and 4. Related claims pending: See attached Property Settlement Agreement 5. Complete either (a) or (b). (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 plaintiff's filed with the Prothonotary: Date defendant's filed with the Prothonotary: Waiver of Not.ice in S330l(c) Septcmber 12, 1997 Waiver of Notice in S330l(c) September 12, 1997 Divcrce was Divorce was -- ,..) >- b; cr: ,_.. ; ~.:: ."... ,~ c'~ -, I} " . . " 1 . . . l.; ~- -. I ;._~ q (~ Cl;" ':"~ l:"l' C'_ :;.'.., l~~ l . I...!. :.:.... , (,,; '" Lt.. !- '~ l..) C"'" () ,D^VID H, LBNKBH, SH, , : IN TilE COU RT OF 'COKHON PLEAS Plilinti(f : : CUMBERLAND COUNTY, PENNS1CLVMHA VS. CIVIL DIVISION : ARLENE F' . LBNKBH, : NO. 97-2646 CIVIL TERM DeCendilnt : 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 S3301(c) 330&'8"1' of the Divorce Code. (Strike out inapplicable section). 2. Date and manner of service of the complaint: By ^cccptancc of Service dated May 22, 1997 by p, Richard Wagner, Esquire, ^ttorney tor DcfcnnRnt, Rnn rpcorded Julv 9, 1997. 3. Complete either paragraph (a) o~ (bl. (a) Date of execution of thc affidavit of conscnt requircd by S330l( c) of the Divorcc Code: by plaintiff S<,ptr>mhr>r 1? 1997 : by defendant September 2, 1997 (b)(l) Date of execution of the affidavit required by S330l(d) of the Divorce Code: ; (2) Datc of filing and scrvice of the plaintiff's affidavit upon the r~spondent: 4. Related claims pending: See attilched Property Settlemcnt ^greement 5. Complete either (a) or (b). (a) Date and manner of servicc of the notice of intention to file praecipe to transmit record, a copy of which is attached: (b) Date plaintiff's filed with the Prothonotary: Date defendant's filed with the Prothonotary: Waiver of Notice in S330l(c) Divcrce was September 12, 1997 Waiver of Notice in S330l(c) Divorce was September 12, 1997 ... ('<) '- , (t~ (. . ..... -- i:...~ . ; ~ <,-, , , II I ~ ( j. !:..) .. -- It. '.' u.. (;5: ';: "I ; ~/! C1~, L!-;' , _.~: . ,,- f1j L, l,;. , (},. I (/; '" Ll.. 1- ~-:-3 u 0'\ U DAVID R. LENKER, SR., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA : vs. CIVIL ACTION - LAW ARLENE F. LENKER, 97 - ~t,/..n, G~l( felL)? Defendant 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 against you and a decree in divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the plaintiff. You may lose money or property or other rights important to you, including custody or visitation with your children. When the 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 at the Cumberland County Courthouse, carlisle, pennsylvania. IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEES OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Court Administrator Fourth Floor cumberland county Courthouse Carlisle, pennsylvania 17013 (717) 240-6200 (717) 697-0371 / By:. . J mes D. PA. I.D. N BOG~ AND S ELY LAW OFFICES 1 West Main Street Shiremanstown, PA 17011 (717) 737-8761 Attorney for plaintiff . " . DAVID R. LENKER, SR. , IN THE COURT OF COMMON PLEAS OF Plaintiff . CUMBERLAND COUNTY, PENNSYLVANIA . . . vs. : CIVIL ACTION - LAW G~c'l '-- ARLENE F. LENKER, 97 - .;ll.-~/.. 1'2/l2..'1 Defendant IN DIVORCE COMPLAINT 1. Plaintiff is DAVID R. LENKER, SR., who currently resides at 1601 McCormick Drive, Mechanicsburg, Cumberland County, Pennsylvania. 2. Defendant is ARLENE F. LENKER, who currently resides at 2nd Floor, 104 South Frederick Street, Mechanicsburg, Cumberland County, Pennsylvania. 3. Plaintiff and Defendant have been bona fide residents of the Commonwealth of pennsylvania for at least six (6) months immediately previous to the filing of this Complaint. 4. Plaintiff and Defendant were married on April 21, 1979, at Mechanicsburg, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. Plaintiff has been advised of the availability of marriage counseling and understands that he may have the right to request that the court require the parties hereto to participate in counseling. 7. Plaintiff avers as the grounds upon which this action is based is that: (A) That the marriage between the parties hereto is irre- trievably broken and that the Plaintiff and Defendant have lived separate and apart since February 1, 1997 or, in the alternative;