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Home My WebLink About97-03096 c... . . ',~,:.- ,-.>;,::{~.~-" ,- . ,~.. ~ . - ,-( l- t \~. --,.- ',,,,:,..,-; -'-,-", . 1-:;~.~':~-:1~ .\1:,,-:,;,::, ^ ~, -' {~:.: . .'.:\.-. "--~"~>: ;. ':'-'.,", 'I. :'".. '::'.:i:;-r:.:'-"; '.<'/l;--:~ ","- € ~ . . -~j, 't i'~ "'J .., /~ . .,~~~ '-..-~ "k {~~~ \~~~ '. "j '..:}I .'J ":Ji :;'}~1 "~'" . l-.:U; "';~ '::J~ .,- :~': ':'J' . :r{; ... . ~., . ''''. '.,::~;';' ,:l~ . :~.<t{~ , ':~ -. '~-' "i~ j ~ .~ ~:~;m _:,-~~~ -.;:. . .:+:.. .:.:.. .:+:-' .:c-".:+> .:.:. .:.:.. .:c. <41;. .:c. ..' .:+:- .:.:. .:.:. .:.:. .:.:. .:.:- .:.:- .:c- ':.:")::<C'::':.:<:'>>::':~:.,:.>~,:4to -:C-' .<C<:<4C(~ ~ ~ ~ ~ ~ : IN THE COURT OF COMMON PLEAS : ~ ~ ~ $ $ $ ~ ~ ~ ~ S $ !~ ~ DECREE IN ~ D I V 0 R C E ~ 3; t{o PA : AND NOW" .. . ~ . .. 4" . .. "'" 19.".." ;1 ;, o,d.,.d ond decreed that.... ..~~,I,S,~, ,~..~:, ~,~~~~.R,............,.......,. plaintiff. and,............ ,DA.N.IEL..", ,WM~~R,........."..,..,...",. defendant, ~. ~ OF CUMBERLAND COUNTY STATE OF '* PENNA. ~ ~ ~ r.: ~ s ~ ~ ',' .XR I.SJIN'~H!\,.WAGNER,. Ii oj No. ......,..,..,....,U, -..J,Q~,~.., 1997 ~ H . PLA INTHF.,........... , ~ i ~ Vel'..m~ ~ ',' ..DANIELA. .~AGNER, ~. ~ DEFENDANT " ~ <:. ,'" w '.' " ~ ~ <:. w ... ~ ..; ~ ',' ~ .' $ w ',' are divorced from the bonds of matrimony. IT IS FlJllHER OOOOlEll that the parties I M3rital Settlarent Agreemnt dated April 20, 1999, shall be incorporated into, but not rrerged with, this Decree in Divorce. 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; ~ M ." ~ ~. *- ',' ,."""",."..""""" ,None"""",.".".".,..""""""""",,'. .:. ~ ~ M ... ......... .......... ..................................... " ~ M " ~ ~. ~ ~.~ ~ ~ ~ ,'~ a ~.. S .'. ~ 8 a ',' w " ~ ~ ~ J, ,~ ... I: )~ <:: (~ . . .:~.' .:+:.' .:+:. .:.:..:.:. .:.:. .:.:.".:c. ':C.':.:C' .:C.-":.:'- .:+:. .:.:. .:+:. .:+:. .:.:- .:.> .:.> .:.:.~:o':':.:.:;.:.:<;o:.>::':.>:.':+>: :.:.:.' :.:+>.<C-::<C<~"l1 ,- ~ ?- ~ : IN THE COURT OF COMMON PLEAS : ~ ~ w ". i ~.' ;:., ~ ,;; ~ ~ ',' i ~.~ .', ~ ~ ',' i '.~ ~ ',' ... i " ~ ',' 8 ~ v ~ ,; ~ ~.' ~ ~ ~ .~ ~ ~ ". Q ~.' W ~i ~ .,' .', P- .' ~, ~ .'. ~ M .,' OF CUMBERLAND STATE OF * COUNTY PENNA. ..~ ~ $ $ ~ .', ~ 8 ~ ..~ ~ .'. ~ ~ ~ ~, 8 !~ ~ ~ ~ .. S ~ L' ~ ~ ~~ ~.~ ~ ~ ~.~ w ~.' $ ~ ~.' ~ ',' ~ ~ ~ ~ ~ ',' ~ Dy The Court: / I~ '" ~ :~ " Allest: J, i'" ~ !~ 8 .. . . !~ ~ Prothonotary I':' t~ ->>:, -:.:' -:.:' olt:' -:.:' .:c' ,~::--:;:,-:;::-::;:,'::.~-,;;'--,:;:,.:.:, ,;.;, ,:.::::.:,.:.:,',:'::-',:.:.',:.:,' ::0:"':+::::.:' .:.:- ':.:' ':.:' ,J ..KRI ~I'N.A.,'" ,..,\.,I(\GNER, . ..",.....""...." ~ :1 N (). ..........,..,....,n, - ..3.O'~6....,. II) 97 .. ,P.laint,ifL... ..................... .! Vel'SIIS ..OANIEL)\"WAGNER.., . , t . .......... I " 1 ., , Defendant DECREE IN DIVORCE AND NOW, .. .. .., .. ,..,.. .. .. .. .. .... '. 19 ,9,~.. '. it is ordered and decreed that.., .. ,KnS,T.l NA..A., WAGNm......,......,....,... plaintiff, and, .." .. .,..".. DAN I EL. ,/\., WAGNER.... ..""....,.,....,. defendant, are divorced from the bonds of matrimony. IT IS AJRTHER CRDERED that the parties' Marital Settlarent Agrement dated April 20, 1999, shall be incorporated into, but not rrerged with, this Decree in Divorce. 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; NONE ...... .... .... ............ .......... .......... ........................ ...., .... .............. . ............ ...... ............ ...... ................... . . ]I- f1- 3Dq~ MARITAL SETTLEMENT AGREEMENT AGREEMENT made lhis~(}+~ay of J)p.-"I, 1999, by and between DANIEL WAGNER, hereinafter called "Husband," and KRISTINA WAGNER, hereinafter called "Wife." WITNESSETH: WHEREAS, in consequence of disputes and unhappy differences, the parties are separated and living apart from each other; and WHEREAS, the parties desire to confirm their separation and make arrangement in connection therewith; and WHEREAS, one child was born of the marriage; IT IS THEREFORE AGREED: 1. CONSIDERATION - The consideration for this Agreement is the mutual promises, covenants and agreements herein contained, 2. 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 deem fit. 3, NO 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. 1 . 4. COUNSEL FEES A. Husband agrees to pay all counsel fees incurred by him since the separation of Husband and Wife. 8, Wife agrees to pay all counsel fees incurred by her since the separation of Husband and Wife. 5. DMSION OF PERSONAL PROPERTY - Husband shall be the sole owner of the items of personal property currently in his possession. Wife shall be the sole owner of the items of personal property currently in her possession, including the 1996 VW Jetta. Except as outlined in this paragraph, the parties have heretofore divided their personalty to their mutual satisfaction, and hereafter each shall own and enjoy, independently of any claim or right of the other, all items of personal property of every kind, which are now owned or held 'or which may hereafter belong or come to him or her, with full power of disposition as if he or she were unmarried, Husband shall sign all documents necessary to transfer title to the 1996 VW Jetta to Wife. 6. AFTER-ACQUIRED PROPERTY - Each of the parties shall hereafter own and enjoy, independently of any claim or right of the other, all property, tangible or intangible, real, personal or mixed, acquired by him or her, whether or not marital assets were utilized in the acquisition, since the date of the parties' separation, or if not separated, the date of the execution of this 2 , Agreement, with full power in him or her to dispose of the same as fully and effectively, in all respects and for all purposes as though he or she were unmarried; and each party hereby waives, releases, renounces and forever abandons any right, title, interest and claim in and to said after-acquired property of the other party pursuant to the terms of this paragraph. 7. NO-FAULT DIVORCE - The parties acknowledge that their marriage is irretrievably broken and that they shall secure a mutual consent no-fault divorce pursuant to the terms of Section 3301 (c) of the Divorce Code in Wife's Cumberland County divorce action filed on January 22, 1997. Upon the signing of this Agreement the parties shall execute and file all documents and papers, including affidavits of consent, so that a divorce decree may be entered. 8. DISCLOSURE AND WAIVER OF PROCEDURAL RIGHTS - Each party understands that he or she has the right to obtain from the other party a complete inventory or list of all of the property that either or both parties own at this time or owned as of the date of separation, and that each party has the right to have all such property valued by means of appraisals or otherwise. Both parties understand that they have the right to have a court hold hearings and make decisions on the matters covered by this Agreement. Both parties understand that a court decision concerning the parties' respective rights and obligations might be different from the provisions of this Agreement. 3 Each party hereby acknowledges that this Agreement is fair and equitable, that it adequately provides for his or her needs and is in this or her best interests, and that the Agreement is not the result of any fraud, duress, or undue influence exercised by either party upon the other or by any other person or persons upon either party. Both parties hereby waive the following procedural rights: a. The right to obtain an inventory and appraisement of all marital and non-marital property as defined by the Pennsylvania Divorce Code. b. The right to obtain an income and expense statement of the other party as provided by the Pennsylvania Divorce Code. c. The right to have property identified and appraised. d. The right to discovery as provided by the Pennsylvania Rules of Civil Procedure. e. The right to have the court determine which property is marital and which is non-marital, and equitably distribute between the parties that property which the court determines to be marital, and to set aside to either party that property which the court determines to be the parties' non-marital property. f. The right to have the court decide any other rights, remedies, privileges, or obligations covered by this Agreement and/ or arising out of the marital relationship, including but not limited to possible claims for divorce, 4 .' child or spousal support, alimony, alimony pendente lite (temporary alimony), equitable distribution, debt allocation, and counsel fees, costs and expenses. 9. WAIVER OF PENSION BENEFITS - Husband and Wife agree that each shall execute any documents necessary to release and waive any right, title or interest which either party may have in the other party's retirement plan (which is defined to mean pension, profit-sharing, or any other plan or account or retirement or deferred income). Each party agrees to execute whatever documents are required to effectuate the purpose of this paragraph. Each party appoints the other as attorney-in-fact for the purpose of consenting to any election under any plan under section 417 of the Internal Revenue Code or Section 205 of the Employee Income Security Act of 1974. It is specifically agreed that each party's rights under their respective retirement plans constitute their own separate property, 10. MARITAL DEBTS - The parties acknowledge that they have previously divided the obligations and payments required thereof of any debts and obligations arising during the marriage and in accordance therewith any obligation being paid by a party shall continue to be so paid and said party shall indemnify, protect and save the other party harmless therefrom. A liability not disclosed in this Agreement will be the sole responsibility of the party who has incurred or may hereafter incur it, and each agrees to pay it as the same shall become due, and to indemnify and hold the other party and 5 his or her property harmless from any and all such debts, obligations and liabilities. From the date of execution of this Agreement, each party shaIl use only those credit cards and accounts for which that party is individuaIly liable and the parties agree to cooperate in closing any remaining accounts which provide for joint liability. SpecificaIly, Wife shaIl be fuIly and solely responsible for payment of the debt secured by the 1996 VW Jetta and she will hold Husband harmless from any liability arising out of Wife's failure to make these payments. Husband shaIl assume fuIl and sole responsibility for payment of the loan to Member's First Federal Credit Union, 11. WIFE'S DEBTS - Wife represents and warrants to Husband that she will not contract or incur any debts or liabilities for which Husband or his estate may be responsible and she shaIl indemnify and save Husband harmless from any and all claims or demands made against him by reason of debts or obligations incurred by her since the date of the separation. 12, HUSBAND'S DEBTS - Husband represents and warrants to Wife that he will not contract or incur any debts or liabilities for which Wife or her estate may be responsible and he shaIl indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him since the date of the separation. 13. REAL ESTATE - The parties are not the owners of any real estate. 6 14. TAXES - Husband and Wife agree to indemnify and hold each other harmless should either party have to pay any taxes, interest and/or penalties assessed as a result of any error in the reporting of income and/ or in the preparation of any tax return by the other party during the years in which they were married. 15. WAIVER OF WIFE'S CLAIMS AGAINST HUSBAND'S ESTATE - Wife does hereby remise, release, quitclaim and forever discharge Husband and his estate of and from any kind of every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements, or liabilities of Husband, or by way of dower or claim in the nature of dower, widow's rights, or under the intestate laws, or the right to elect against Husband's Will, or any other claims of any nature whatsoever, except only the rights accruing to Wife under this Agreement. Wife hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Husband, or to administer Husband's personal estate and effects in the event that Wife survives Husband. 16. WAIVER OF HUSBAND'S CLAIM AGAINST WIFE'S ESTATE - Husband does hereby remise, release, quitclaim and forever discharge Wife and her estate of and from any and every claim of any nature and kind whatsoever, including but not limited to any claim arising out of the marital relationship, whether arising out of any former contracts, engagements or liabilities of Wife, 7 by way of curtesy, or claim in the nature of curtesy, widower's rights, or under the intestate laws, or the right to elect against Wife's will or any other claims of any nature whatsoever, except only the rights accruing to Husband under this Agreement. Husband hereby waives and renounces any preference or right to claim appointment or to qualify as the personal representative of Wife, or to administer Wife's personal estate and effects in the event that Husband survives Wife. 17. SUBSEQUENT DIVORCE - Nothing herein contained shall be deemed to prevent either of the parties from maintaining suit for absolute divorce against the other in any jurisdiction based upon any past or future conduct of the other, nor to bar the other from defending any such suit. In the event any such action is instituted, the parties shall be bound by all terms of this Agreement and this Agreement shall be the sole remedy available to the parties, 18. EQUAL DIVISION OF PROPERTY - By this Agreement, the parties have intended to effect an equal division of their marital property. This division is not intended by the parties to constitute in any way a sale or exchange of assets. 19. MUTUAL RELEASE - Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, or his or her heirs, legal representatives, executors, B administrators and assigns, release and discharge the other of and from all causes of action, claims, rights or demands whatsoever in law or in equity, which either of the parties have, or have ever had, against the other including any and all rights under the Pennsylvania Domestic Relations Code, including spousal support, alimony, alimony pendente lite, equitable distribution of property and counsel fees. 20. BREACH - If either party breaches any provision of this Agreement, then he or she shall have the right to sue for damages for such breach, or seek such other remedy or relief as may be available. Counsel fees and costs of the prevailing party shall be paid by the defaulting party. 21. ADDITIONAL INSTRUMENTS - Each of the parties shall, from time to time, at the request of the other, execute, acknowledge and deliver to the other party within a reasonable time period (presumed to be thirty (30) days after such request is made) any and all further instruments including deed(s) or releases which may reasonably be required to give full force and effect to the provisions of this Agreement. 22. VOLUNTARY EXECUTION - The provisions of this Agreement and their legal effect have been fully explained to the 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. The parties acknowledge that full disclosure has been made and they have 9 been furnished with all information relating to the financial affairs of the other which has been requested and that counsel for each of the parties have reviewed the document, or, in the absence of counsel. the party has waives his or her right to counsel. 23. ENTIRE AGREEMENT - This Agreement contains the entire understanding of the parties, and there are no representations, waivers, covenants or undertakings other than those expressly set forth herein. 24. MODIFICATION AND WAIVER - A 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 on strict performance of any of the provisions of this Agreement shall not be construed as a waiver of any subsequent default for the same or similar nature. 25. PARTIAL INVALIDITY - If any provision of this Agreement is held to be invalid or unenforceable, all other provisions shall nevertheless continue in full force and effect. 26. BINDING EFFECT - Except as otherwise stated within, all of the provisions of this Agreement shall be binding upon the respective heirs, next of kin, executors and administrators of the parties. 27, INTENT OF PARTIES - It is the intention of the parties hereto that this Agreement is a complete and final disposition of their property rights and 10 not a mere Separation Agreement. 28. INCORPORATION - The parties agree that the terms of this Agreement shall be incorporated but not merged into any Decree of Divorce which shall be entered. The parties understand and agree that this Agreement shall survive any such final Decree of Divorce and shall be independent thereof. Said incorporation shall be for the sole purpose of obtaining additional rights of enforcement and the parties understand that the provisions ofthis Agreement shall not be subject to any modification, unless specifically provided for in the relevant paragraph. 29. ENFORCEMENT - The parties agree that any action necessary by either party to enforce their rights under this agreement against the other shall be filed before the Court of Common Pleas of Cumberland County, Pennsylvania, and, regardless of where any divorce action between them is concluded, both parties hereby stipulate to the jurisdiction and venue of the Court of Common Pleas of Cumberland County, Pennsylvania, for purposes of interpretation or enforcement of this agreement, 30. HEADINGS NOT PART OF AGREEMENT - Any headings preceding the text of the several paragraphs and subparagraphs hereof, are inserted solely for convenience of reference and shall not constitute a part of this Agreement nor shall they affect its meaning, construction or effect. 11 .... UI >- ~ ,'. ~:: - :-: - , " ,', ,""oJ ) OJ _. ~(. . '- .i ~: . p.. u... C~; i - . 1";'. c:' ,,_,0; 0', lUG. .. . .- _J. ~ , 1.1;, ' F' ::..' ~.- J 1-1_ (Tl ;'"j 0 oJ' U .' , . I/o. q7-31J?6 CW4 TMhrv IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY Fifty - Ninth Judicial District NO: 97- 33B RECORDED: 01/22/97 BOOK: PAGE: 0 KIND: DIV DEBT: $ SURCHARGE: PRO: JCP FEE: SAT DATE: 0.00 10.00 30.50 5.00 02/13/97 <PLAINTIFF> 1 WAGNER KRISTINA A <DEFENDANT> 1 WAGNER DANIEL A JANUARY 22, 1997 - Plaintiff's Complaint in Divorce filed by CHARLES E. PETRIE, ESQ. SAME DATE: Certified copy of Complaint with endorsement thereon to plead to same, issued for service upon the defendant. Affidavit of Non-Military Service filed. FEBRUARY 12, 1997 - Praecipe to Enter Appearance on behalf of the defendant filed by Family Law Clinic, Michael Levinson, Legal Intern and Robert E. Rains, Esq., Certificate of Service, Preliminary Objection as to Venue Pursuant to Pa.R.D.P. section 1028 and Certificate of Service filed with copy sent to Atty. Petrie: FEBRUARY 13, 1997 - ORDER OF COURT FILED: AND NOW, this 12th day of February, 1997, upon consideration of Preliminary Objections as to Venue Pursuant to Pa.R.C.P. 102B filed in this matter, the above-captioned matter shall be transferred to the Court of Common Pleas of Cumberland County, Pennsylvania, and the plaintiff shall pay all costs and fees associated with this transfer pursuant to Pa.R.C.P. 1006(e). BY THE COURT: /s/ Vernon D. Roof, P.J. copies to THE FAMILY LAW CLINIC and ATTY. PETRIE (with invoice #2762 for payment of fees). bgm MARCH 31, 1997 - Received payment of Invoice #2762 and transferred by certified mail to CUMBERLAND COUNTY, bgm. . - "Y ,fU( \... :{.' 01..111.......i. 'vt.ltJ G,,~iiie~ irom tile ;!:'~ords of Cameron Co. Hl1na, ~~~ - . :----"'''V r~ . ,..' '. . . }Ill. 17-30q(,~T~ vs. IN THE COURT'OF COMMON PLEAS CAMERON COUNTY, PENNSYIVANIA~ CIVIL ACTION - LAW I 8 -.J ~' t.- NUMBER: 97....33<;"!;: ~ ! ~ I IN DIVORCE KRISTINA A. WAGNER, Plaintiff 1. COMPLAINT UNDER SECTION 3301(0) OF THE DIVORCE CODE I I I Plaintiff is KRISTINA A. WAGNER, who currently ~ 3! -. (')!:t! ~=~ "'~rn '-o~J ;)@ , '-." ")0 ;:0 .. :0 '"nl 10 --.,0 ;;>5 DANIEL A. WAGNER, Defendant r.-J ,~ - - resides at l524 Sheep ford Road, Mechanicsburg, County of Cumberland, Pennsylvania, since January, 1997. 2. Defendant is DANIEL A. WAGNER, who currently resides at 2412 New York Avenue, Camp Hill, County of Cumberland, Pennsylvania, since November, 1996. 3. Plaintiff has been a bona fide resident in the Commonwealth for at least six months immediately previous to the filing of this complaint. 4. The plaintiff and defendant were married on December 2, 1994, in Harrisburg, County of Dauphin, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties. 6. The marriage is irretrievably broken. 7. 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~ . ~"4~ . '. .....OilL..~L Copy I.:fmitlbv irom (he o1ecords of Cameron Co. Penna. ~-;~2:-~ 8. After ninety (90) days have elapsed from the date of service of this Complaint, plaintiff intends to file an Affidavit consenting to a divorce. Plaintiff believes that defenpin~ma~ I c_; -.l also file such an affidavit. ! j;: ~. . .. ~ :..: . N WHEREFORE, if both parties file affidavits consenti~g,to i~ . I ':',' I ".' v divorce after ninety (90) days have elapsed from the date of =c I' r.:; service of this Complaint, plaintiff respectfully reques~s:.j:he; I ....... _ Court to enter a decree of divorce pursuant to Section 330l(c) of the Divorce Code. I verify that the statements made in this Complaint are true and correct. I understand that false statements herein are made subject to the penalties of lB Pa.C.S. Section 4904, relating to unsworn falsification to authorities. , ial,-oL;.;'1&l C [,V';:l(?V1 KRISTINA A. WAG R, PLAINTIFF Date: ,Iltdq 7 J' I ~ ~ €..;d~ CHARLES E. PETRIE 352B Brisban street Harrisburg, PA l71ll (717) 56l-l939 ATTORNEY FOR PLAINTIFF True "-lid LUii..:':'. Ciupy certified from the Records of Cameron Co. Penna, F .:--J',r.~"f)~::<rv ~ .: , . om :",:~ ~~,m ''J' ::1J -. 1"11 ::~o '-." "")c :):= .:J:J _~ rn ~(") '-0 ~:o ....0 /t(). t{7 - '3()Qr; ~ I'IQ7, KRISTINA WAGNER. PLAINTIFF IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY. PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE . v. DANIEL WAGNER. DEFENDANT NO. 97-338 CIVIL PRAECIPE TO ENTER APPEARANCE To the Prothonotary: Please enter the appearance of the Family Law Clinic on behalf of Daniel Wagner, the defendant, in the above captioned matter. :1? ~. ' \:j .~r.~ ..... .- .- -, ...., r-.l UJ .. .J N ',' " 'J :~. :1 :"J ; " '2 ;.1 ~.' ,.4) '.11 ;:~:~, ...... r'~a ~ 1 10 19....5J , , , I' .', ,- ~ i ;U MICHAEL LEV ON Certified Legal Intern m-~~ ROBERT E. RAINS Supervising Attorney FAMILY LAW CLINIC 45 North Pitt Street Carlisle, PA 17013 717/243-2968 717/243-3639 True;;. ,:..,...,..;, CJPV certified frorTI the Records of Cameron Co. Penna, ~ .J;\.'-fIl, Frc;r.O'"'1......,. ((2~J KRISTINA WAGNER. PLAINTIFF, , 7U. q7-3rJq~ ~ T~ v, IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY. PENNSYLVANIA DANIEL WAGNER. DEFENDANT CIVIL ACTION . LAW IN DIVORCE NO, 97-338 CIVIL PRELIMINARY OBJECTION AS TO VENUI; PURSUANT TO PlI,R,C,p, & 1028 AND NOW. this 10th day of February, 1997, comes the defendanl in the above. of Ille Coun, and avers in suppon as follows: caplioned case. pursuant 10 Pa,R.C,p, ~ 1028. and fLIes this preliminary objection 10 the venue I 1, The inSlalll mailer before the Coun is a divorce action, !:O . ':;;. r~ ,--: ';.., "'"1; , -. . .7, 2. P,mgrnpl. '" (1) "'" <Wo (2) of "" D/rom, Comp"",, "'I' '"' ",j;, resides al 1524 Sheep/ord Road. Mechanicsburg. Cumberland COUnty. P4wYIVania, itnd,~ ,'.' defendant resides al 2412 New York Avenue, Camp Hill. Cumberland Counly, Pennsylvania. 3, According 10 Pa,R.C,p. 111920.2. a divorce aClion may only be filed in a county in which Ihe plllintiff or defendant resides. or upon which Ille panies have agreed, 4, Neilller pany resides in Cameron County, and lhe defendanl, Daniel A, Wagner. objects 10 Illis IIction being filed in Cameron COUnty, 5, The county of proper venue is Cumberland COUnty, 6, Pa,R,C.p. llIOO6(e) provides lhal "If a preliminary objection 10 venue is sustained and lhere is II coumy of proper venue Wilhin lhe Slale lhe aClion shall nOI be dismissed bUI shall removlll of lhe, recllrd shall be paid by lhe plaillliff, " ' ., ,.JiJY .:, 'Uk"" lrdlll lhe ':10, ::;,Jl'CJs of Cameron Co, f'Eiln8. be lcullS/crred 10 the approprillle coun of lhal COUnty, The COSlS and lees for lransfer and /") .l (, \ "l \~:-DI.... r. ... '_.~, '/ '-~ ,'" """,\, D,,~ "'...J WHEREFORE, the defendant respectfully requests that the court transfer the above- captioned case to Cumberland County, Pennsylvania, and order the plaintiff to pay the costs and fees for the transfer. Date: ;J-lu-<i7 Respectfully submitted. ~--. Michael LeVinsoV Certified Legal Intern ~.r~.q~ Supervising Attorney u:o or:~ -.I ' -? -:.:==4 ..." . :!r,g r-; co ~~ '''1\ ,- ::.;-.... N 'T~ ~I"" '.:" ~ .." .' Q ...~ ;t~ .:';:: c.;1 ~.. ~:: V' .-"0 The Family Law Clinic 4S North Pitt Street Carlisle, PA 17013 717\243-2968 Counsel for Defendant .:. 1'-' ::u ", 'u< ' " JU"U~' \.opy ; , - ,... certiill:.d irom the Records 01 Cameron Co. penna, r;~,J~~y '-~ :~r.p -J 0'0" "_ ...., ... _: r" oJ '::' " ,. w .. - . . ::: .';;-:0 ~- '" 9? .,.., , ,~ .... # ::':~1 N ~...- , ~ 7/4. q7 - 3o?b eU-.it. t~ KRISTINA WAGNER, PLAINTIFF IN THE COURT OF COMMON PLEAS OF CAMERON COUNTY , PENNSYLVANIA CIVIL ACTION " LAW IN DIVORCE NO. 97-338 CIVIL v. DANIEL WAGNER, DEFENDANT ORDER OF COURT AND NOW. this / ~ I"A day of '~/UUfi ,1997, upon consideration of Preliminary Objections as to Venue Pursuant to Pa.R.C,P. ~ 1028 filed in this matter, the above- captioned matter shall be transferred to the Court of Common Pleas of Cumberland County, PelUlSylvania, and the plaintiff shall pay all costs and fees associated with this transfer pursuant to Pa.R.C.P. fi l006(e). BY THE COURT, ~ ..vii..:;'. Gopy ,~, 'II"d! from the .i" :;urds of Cameron Co. PCllna, ;'J ~~ X>~ " .i..: . . C!T mmron C1Tlllttttv C1Tourl'1Iouse 'lEmpmum. Jcnnqluat.1SB34 CDffIa of: DAVID J. REED omce: 814/488-3349 omce: 814/488-3355 'AX:814/~84 INVOICE PROTHONOTARY REGISTER 01' WlUS RECORDER 01' DEEDS CLERK 01' 111I COURTS TOI CHARLES E. PETRIE, ESQ. 3528 Brisban Street Harrisburg, PA 17111 DATE I Februery 14, 1997 DBSCRIPTION OF FZLZNGI Transfer feea aa per Order of Court filed February 13, 1997 RE: Caae 197-338 Kristina Wagner va. Daniel Wagner $25.00 AJIOtmT DUB S 25.00 -,.,,:..~, ~opy .;."";,";ill~..:- .rrJITI the ,:;ecmds of Cameron Co. PEnna. ~OICE ,. 2762 <.;;, ,- "..,.,.~ i\;..1..~~ BRENDA MUNZ "'\ JUputta KATHY LEWIS MARY GRACE WHmNG . - <:'1 ?" ~ ("0.' ,...- "'- .. ~3 ~^/~ ,- \JJ'.;:~: C'l <.J.(''', - , . " ..~- r:~" 0.. r.:lr:.J ..~. f\ qc N ::: ~:Q Er/"" - !-;',-- :i.% ~1" po: .,:nU u..- ~ :~ti_ ~ :;.: u' C"I ::1 0 c;. (..) . '>- o. ~ Cr, -'l ~ ~, N :::>.:( '-'1::"; r ):~; ( .... ~)~~ p:.~: 0: , '~~:! .....( . c:. ~.~~t/) (~. ~ ..J;;:: u:.. .rZ c't; ::>: ;'JIU ::> OJQ; r;" -, . 1:5 <.T'I S 0' u ....-. - -.# KRISTINA A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs, DANIEL A, WAGNER, Defendant NUMBER: 97-3096 CIVIL TERM IN DIVORCE NOTICE OF INTENTION TO REQUEST ENTRY OF ~3301(dl DIVORCE DECREE TO: DANIEL A. WAGNER, (DEFENDANT) You have been sued in an action for divorce. You have failed to answer the complaint or file a counter-affidavit to the !j3301(d) affidavit. Therefore, on or after June 3, 1999, the other party can request the court to enter a final decree in divorce. If you do not file with the prothonotary of the court an answer with your signature notarized or verified or a counter-affidavit by the above date, the court can enter a final decree in divorce. A counter-affidavit which you may file with the prothonotary of the court is attached to this notice. Unless you have already filed with the court a written claim for economic relief, you must do so by the above date or the court may grant the divorce and you will lose forever the right to ask for economic relief. The filing of the form counter-affidavit alone does not protect your economic claims. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE PA 17013 (717) 249-3166 - ' . - '-.- . KRISTINA A, WAGNER, Plaintiff VB, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NUMBER: 97-3097 CIVIL TERM IN DIVORCE DANIEL A. WAGNER, Defendant COUNTER-AFFIDAVIT UNDER ~3301(dl OF THE DIVORCE CODE 1. Check either (a) or (b): X (a) I do not oppose the entry of a divorce decree. (b) I oppose the entry of a divorce decree because (Check (i), (ii) or both): (i) The parties to this action have not lived separate and apart for a period of at least two years. _ (ii) The marriage is not irretrievably broken. 2. Check either (a) or (b): K (a) I do not wish to make any claims for economic relief. 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. _ (b) I wish to claim economic relief which may include alimony, division of property, lawyer's fees or expenses or other important rights, I understand that in addition to checking (bl above, I must me all of my economic claims with the Prothonotary in writing and serve them on the other party. In fan to do so before the date set forth on the Notice of Intention to Request Divorce Decree, the Divorce Decree may be entered without further delay. I verify that the statements made in this counter-affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C,S. Section 4904 relatinD[]nswo falsification to authorities, / /A ~ Date: y.)..[:. '19 {J, ..? DANIELA. WAGNER, ______ DEFENDANT NOTICE: If you do not wish to oppose the entry of a divorce decree and you do not wish to make any claim for economic rellef, you need not me this counter-affidavit. ...... 0' E I.r; ..:j ~, ~- 1-.' ~ :'+}ri- u.!!...; r..?=::~ '-' ..~ --( , c: '~J::( H--T ',~;:J (;;',- c:J ' ~ 6,: ~SO') - -,. l.JJ', ..~ E~,~ - (t:~ ::s ~;JIU .... tflr.!.. -J ::~ u. Ol :.> t;:l en U . . of . . .. KRISTINA A. WAGNER, Plain tiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : CIVIL ACTION - LAW : NUMBER: 97-3096 CIVIL TERM : IN DIVORCE VB. DANIEL A. WAGNER, ", ,," Defendant ...:--~ IfJfftJA IV 0;= Si!Jftl/cE If. ,.' . !l0;;'C;: tlr'///T/!'l'Ir/oN 1b ' !ft:qUt:S T Efl/T;fl Or .:J5(}! (t!) _ __ _ J) /J/ j/r1 j{CC' jJ/;"C/i'C;-/: ' ." S;.:/f!l/!'/J /J/I;v;i:~/..dWAG;1/~/f.., /1;1 /'I./I(,/;/ Or 1:71'1'1. (}Y/4/i/l/ r ~CI To It/fc/ S I~ ?p:/f4&~1i' s 11/ ~ t.. II//!' ;i'/~ /J'u/< G U 5= .it(- 9'1 ,-IT .i:./.. t) ~/1~ ~/=/lft/Ep $1 ' ' ,,' ut;5;.!/'/'; C. 1O/J1?/NsoN /;?1/ 5. ;1rf'f#' 5; 4/1 71:L ,//Aff/f/5';5r/A0 M.-/71"// ~c/~ ,'----" >- Cl ,... C' [;; .' 1(; j~~ .. :5~ r. ~ IlJ .. 8-' (io'. 2; "-1 2: '-. :.t.: U_., " , ];:2 c~;- , . C':l ' !il) C' U..i'- '2: IT! I ~ '-'2 ~'"'1uJ (- . ::~a.. ~ t.- m :5 C' 0' U '-. . ......'0.1 ~~ . '. . FIl.ED-OFFiCE OF iEr. F'~:"l"~()~lOTr\RY 98 APIl:W I'r112::l2 CU!v;D::.ii:;'j.,J CGl!NiY PcN~S~lWNiA @APR 1 5 1998 KRISTINA WAGNER Plaintiff : IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE : v. DANIEL WAGNER Defendant NO. 97-3096 PETITION TO WITHDRAW FROM REPRESENTATION The Family Law Clinic, counsel for the defendant in the above captioned case, comes before the court pursuant to Pa.R.P.C. 1.16(b) (4) and Pa.R.Civ.p. 1012, and files this petition to withdraw from representation and avers in support as follows: 1. On February 10, 1997, the Family Law Clinic (the Clinic) entered its Praecipe to Enter Appearance on behalf of defendant Danial Wagner for a divorce filed in Cameron County (Docket #- 97- 338) . 2. On February 10, 1997, the Clinic also filed its Preliminary Objections stating that venue in Cameron County was inappropriate and that the divorce action should be transferred to Cumberland County. 3. On February 12, 1997, an order was entered by Judge Vernon D. Roof, transferring the divorce to the Court of Common Pleas of Cumberland County. 4. On March 31, 1997, by order of the court and upon payment of costs, the court instructed the Cameron county Prothonotary's office to transfer certified copies of all documents and the docket sheet relative to the divorce to the Cumberland County Prothonotary. 5. On June 10, 1997, the Clinic received a proposed Marital .- Settlement Agreement from the plaintiff's attorney, Charles E. Petrie. 6. On June 11, 1997, the filing fees were paid by the plaintiff and the case was docketed in Cumberland County at 97- 3096. 7. On June 18, 1997, the Clinic sent the defendant, Daniel Wagner, a copy of the proposed Marital Settlement Agreement and asked the defendant to schedule an appointment with the Clinic to discuss the agreement. Mr. Wagner did not respond. 8. On September 3, 1997, the Clinic sent another letter to Mr. Wagner asking him to please call the Clinic to set up an appointment to discuss the marital settlement agreement. Again, Mr. Wagner did not respond. 9. On September 22, 1997, the Clinic sent a letter to Mr. Wagner asking him to again, set up an appointment with the Clinic because his wife's lawyer had contacted us to discuss the agreement. The Clinic stressed that it was very important to set up an appointment to go over the agreement with him as soon as possible. Mr. Wagner never responded. 10. On November 3, 1997, the clinic sent a letter to Mr. Wagner stating that if he did not contact the Clinic by November 19, 1997, the Clinic would ask the court for permission to withdraw as his counsel. In the letter, the Clinic explained that it could not continue to represent him if he did not cooperate with the Clinic. Mr. Wagner still did not respond. 11. None of the letters sent to Mr. Wagner by the Clinic were ever returned to the Clinic. >- C"') ..... ''': c: f~: L,."!' c: ~~ -, '-.r: l!J .', (.): fi: ;. -..: 1.- , C):." .;! ' - " C~1._ Lt......'._ ~'Il' c:: C:J 4. _ (L. j::' w.:;: "'; - u. c-:: :,::i u C', U " KRISTINA A. WAGNER, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. CIVIL ACTION - LAW : IN DIVORCE DANIEL A. WAGNER, Defendant : : NO. 97-3096 CIVIL TERM CERTIFICATE OF SERVICE I, Suzanne Sporri, hereby certify that on this l~tA day of April 1998, I have served a true and correct copy of the Family Law Clinic's petition to withdraw from representation on Daniel A. Wagner, residing at 35 Bunker Lane, Etters, PA 17319, by regular mail and by certified, restricted U.S. mail, return receipt requested, postage prepaid. Furthermore, after the time for mailing by ordinary mail is ; presumed to be complete, and upon receipt of the return for the certified, registered envelope, I will file an affidavit that service has been fully completed. c~ ~fVV!-. eJ.?cFl.-.- - Suzanne Sporri Certified Legal Intern FAMILY LAW CLINIC 45 N. pitt st. carlisle, PA 17013 717-243-2968 (I. :'.;: "'J ;- / c:: I .. . .' u: r~~ , ,- ("J . l':': ;.:; .' , . .. \..~ ;' " , (" , '" -. L~_: " __J. ... ;:.1..' \ l ' - C', '.... I:' ....;; " L!. c: , (..1 (.1'" Co)