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HomeMy WebLinkAbout97-05543 ~ " ~ l4 c., :loo \.1 ~ " ~ ~ f. ~ ~ ..... - .:) , ~ i , ") i '> ~ . \t) . .~ t-- : <3--1 ~! ! I I', ~~.~~~_..~~-~.~*.~.~.*..*.~..~.~~*.~:~*.~ ~ ---~-,-,_.,-,~"- "..,-.....- "-' ~ ,:.:~::.:._.:<<: ::C'. .,. ~ ~ :~ ~ .~.~*~.*.~.~.~..~..~..~.~..*.~:..~~.~. ~ ~i ~I Sl ~i :1 ~' ~I ~i .1 ~ .. " ~ S IN THE COURT OF COMMON PLEAS OF CUMBERLAND ~ STATE OF ~~ \. , .~ .~r COUNTY PENNA. SUZANNEG. ENDERS, Plaintiff i\ tl.97::?543 CIVIL ,...,...."""" 1l)97 Vel'SllS KEVIN J. ENDERS, ~ Defendant .~ ~ .' ~ .~ ~ DECREE IN DIVORCE .~ ~ SI ~ -, ~ ~ $ l!l ~ l!l .. " ANDNOW....~t..~.~~~.l.\::!a....,.. 199/1..... it is ordered and decreed that ............... ,Su.z.an.n.e. C.'. .~n.d.e.r.s. . . .. . . . . . . . . . , ". plaintiff. and ............... . . . . . . . . . . ~~Y ~I)..J, . ~I)~"'r~. . . . . . . . . . . . . . . . .. defendant. are divorced from the bonds of motrimony. The court retains jurisdiction of the following claims which hove been raised of record in this action for which a final order has not yet been entered; ,;, '" ~ .. (l~!'!'r. . r~!'. ?~~?~~!'~. ~~st::~!,pt.iil.l ~!!re~!'l~!l.t. .i!!. ~!l.C?.rJ'?.r.a.t.e~.,. .bu.t !'.o.t. !".e.r.8,ed l!l ~ ~ .' oJ,/ ~ ~ ~ ~ ~ - "6:- .;,.;- -i:.- .:.:: -:i:. ... -:<<. :;::- .:;:.~ ~:.:. . .~: ~:.:- - .:.:~ Prothonotilry i~ I~ ~ ~ ~ ~ .. ., .' " $ .. " ~ ~ l!l ~ ~ .; l!l l!l 8 ~ l!l S ~ S ~ ~ .. " ,~ I' I., 1M I: ,,~ , I... II I' (~ i'.' J. .~ ~ ~ "- ~ ~ t-.... SUZ.\NNE C. r:NDEIlS, IN TilE COURT OP COKHON PLEAS Plaintllt : CUMBERLAND COUNTY, PENNSYLV.\NIA . . VS. : CIVIL DIVISION . . KEVlN J. ENDEIlS, . NO. 97-5543 CIVIL TERM . Defendant . . ~ECIPE ~O 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 53301(c) ~~~~ of the Divorce Code. (Strike out inapplicable section). 'I 2. Date and manner of service of the complaint: October 9, 19/7, acc~ance of service by Andrew C. Sheely, Esquire, Attorney for Defendant ~ 3. Complete either paragraph (a) or (b). (a) Date of execution of the affidavit of consent required by 53301(c) of the Divorce Code: by plaintiff January 22, 1998 by defendant ~anuary 19, 1998 (b)(l) Date of execution of the affi~avit required by 5330l(d) of the Divorce Code: ___: (7.) Date of filing and service of the plaintiff's affidavit upon the raspondent: 4. Related claims pending: None 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 Waiver of Notice in 5330l(c) Divcr~e was Filed hen'wlth. Waiver of Notice in 53301(c) Divorce was filed with the Prothonotary: 6. Waivers of Notice ut Intention Section 3301(c) are attached: Plaintiff 1998. a Divorce Decree under Defendant - Jnnuary 19, or (Plaintiff)C~R~i III{E~~E~L\N & SPAHr:, P.C. 8 ...0 0 QD -n ?: ..., ~ "'t1n:: g IJ.lr.. :; .~:t.' I ;;..r. '.0 ;"' Vl. ., ~~~ '""" ;~ 1 :::;:; or"C'" ~ p(~. ~ S! N ~ ...j .. LAW O....ICr::. SNELOAKER. BR(NNEM....N a: SPARE SUZANNE C. ENDERS, Plaintltt IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. EVIN J. ENDERS, Defendant 110. 97-5543 CIVIL TERM IN DIVORCE ORDER OF COURT AND NOW, this \ ~~day of February, 1998, a divorce decree having been entered in the above captioned proceeding, it is further ordered and directed that the attached Post-Nuptial Agreement between the parties dated October 6, 1997, is incorporated in this proceeding as an Order of this Court. It is further ordered that said Post-Nuptial Agreement shall not merge with said Decree of Divorce or this order, but shall retain its contractual significance. By the Court, oJ!~ vU [I I I POST-NUPTIAL AGREEMENT THIS AGREEMENT made and entered into this ~~ , 1997, by and between: SUZANNE C. ENDERS, of 407 Reservoir Road, Mechanicsburg (Upper Allen Tounship), Cumberland County, Pennsylvania, party of the first part, hereinafter called "Wife", ~'tll day of r AND KEVIN J. ENDERS, of the same place, party of the second part, hereinafter called "Husband". WITNESSETH: WHEREAS, Wife and Husband were married to each other on April 12, 1986, and last resided together at 407 Raservoir Road in the Township of Upper Allen, Cumberland County, Pennsylvania; and WHEREAS, during their marriage, the parties accumulated various assets and property more fully itemized and identified in a certain list or schedule attached hereto marked "Exhibit A" and i incorporated herein by reference thereto; and WHEREAS, two children were born of the parties' marriage, to wit: LEIGH-ANNE ENDERS (born: February 23, 1987), and APRIL ENDERS (born: May 27, 1990), hereinafter collectively called "Children"; and LAW O"IC[l1 SNELOAKER. BReNNEMAN a SPARr. WHEREAS, certain differences have arisen between the parties, as a consequence of which the parties intend to separate as of the date hereof; and WHEREAS, Wife has contemporaneously herewith commenced an action in divorce in the Court of Common Pleas of Cumberland County, pennsylvania, (hereinafter called "Divorce Action"); and WHEREAS, the parties agree that their marriage is irretrievably broken; and WHEREAS, the parties herein are represented separately by legal counsel: Wife is represented by Richard C. Snelbaker, Esquire, of the law firm of SnelbaKer, Brenneman & Spare, P.C., and Husband is represented by Andrew C. Sheely, Esquire, of tll9 lat! firm af Be~~r , ~hQ91y; and WHEREAS, the parties, having a full opportunity to be advised as to their respective rights, duties and obligations growing out of their marital status, and each having had a full opportunity to investigate and evaluate the assets, liabilities and all other a~pects of each other's property and their jointly held assets and liabilities, have come to an agreement for the final settlement of their property and affairs. NOW, THEREFORE, in consideration of these presents and of the mutual covenants, promises, terms and conditions hereinafter set forth and to be Kept and performed by each party hereto, as well as for other good and valuable considerations, and intending to be legally bound hereby, the parties mutually agree as follows: LA~ O"I'IC(S 5t~ELnA,KER. BRENNE;MMl a SPM1C 1. INCORPORATION OF PREAMBLE. The foregoing preamble and paragraphs are incorporated herein by reference thereto as though I set forth in full hereinbelow. I I ! -2- 8. 1984 Volkswagen automobile. 9. Retirement/pension accounts. 10. Life insurance policies on Husband's life. 11. Bank accounts registered to Husband. The parties mutually agree thac they will make, execute, acknowledge and deliver the necessary documents to effect the foregoing division contemporaneously with the execution and delivery of this agreement, and they further agree to make, execute, acknowledge and deliver such further documents as may be required to effect such division. wife shall be solely responsible for the costs to be incurred in the transfer of the marital residence real estate and shall be solely responsible for any income tax or any capital gain which may result upon any future sale of said residence. 4. ADDITIONAL DISTRIBUTION. In addition to the physical distribution set forth in Paragraph 3 above, Wife covenants and agrees to do and perform contemporaneously with the execution of this Agreement: A. Pay to Husband the sum of $900.00 in cash; and B. Pay-off the existing loan to Chase Manhattan Mortgage corporation, Account No. 0004520769 secured by mortgage on the marital real estate described as item A.l. on "Exhibit A" attached LAW <JFI'IC[S SNELD.\KE'R. BREN~lCM.Vj & SP,\R!: hereto, said loan having a current balance of approximately $34,000. 5. LIABILITIES. Except for the mortgage loan identified in -4- Paragraph 4 above, the parties represent and warrant to each other that there are no obligations owing to any other persons or entities. Any and all lines of credit which would obligate both parties, i.e. credit cards, shall be terminated permanently contemporaneously with the execution of this agreement. 6. FUTURE OBLIGATIONS. The parties agree that any and all obligations incurred subsequent to the date of this Agreement shall be the sole and separate liability and responsibility of the party incurrin~ the obligation, and each party agrees that he/she will not incur or attempt to incur any obligation for or on behalf of the other party, and will indemnify and hold harmless the other party of and from any ~nd all liability arising from any such future obligation. 7. DIVORCE. The parties agree to terminate their marriage by mutual consent without counselling and each agrees to make and execute the necessary affidavits and consents to procure a consensual divorce under the provisions of the Pennsylvania Divorce Code, such documents to be filed in the Divorce Action aforesaid. This agreement and the terms and conditions herein, as well as the enforcement of said terms, shall not be and is/are not contingent upon the issuance of a final decree of divorce in the Divorce Action. LAW OJl"~IC!:.l SNCLDAKER BRE~N!:MA.j & SPARE 8. RELEASE OF SPOUSAL SUPPORT AND RIGHTS UNDER DIVORCE ~. Except only as specifically provided to the contrary in this Agreement, each party hereby waives and forever releases the other party of and from any and all claims which either may have I. 'I I -5- against the other for spousal support and/or by reason of and pursuant to the Pennsylvania Divorce Code (and the divorce law of any other jurisdiction) including, but not limited to, alimony, alimony pendente lite, equitabls distribution of marital property, counsel fees, costs and expenses; except that the performance of the obligations hereunder may be enforced by any remedies under said Divorce Code. 9. INDIVIDUAL PROPERTY. Except only as may be provided specifically to the contrary hereinabove, each party shall retain all property, real, personal or otherwise, which is presently titled in her or his name and ownership, whether or not said property is or would be deemed to be marital property under the Pennsylvania Divorce Code, and each party hereby expressly releases the other of and from any and all right of equitable distribution in and to said individually owned property of such other party, including, but not limited to, the respective pension rights and plans of the parties. 10. GENERAL RELEASE. Husband relinquishes his inchoate intestate right in the estate of Wife, and Wife relinquishes her inchoate intestate right in the estate of Husband, and each of the parties hereto by these presents, for himself or herself, his or her heirs, executors, administrators or assigns, does hereby remise, release, quit-claim and forever discharge the other party 1."\'1' Ol'"I'ICl'l SNE:"'I3AKER. BRENNEMAN 8r: SPARE hereto, his or her heirs, executors, administrators or assigns, or any of them, of any and all claims, demands, damages, actions, I causes cf action or suits at law or in equity of whatsoever kind -6- LAW 'J",.I';li SNi':..[]AI(~~ BRE N Nr:..l'\', 8. Sp,\Rr Ii d II or nature, tor or because ot any matter or thing done, omitted or Buttered to be done by such other party prior to the date hereof, i except that this release shall in no way exonerate or discharge either party trom the obligations and promises made and imposed ~ by reason of this Agreement. This Agreement shall not be construed to affect or bar the right of either party to an absolute divorce on legal and truthful grounds if they now exist or may hereafter arise, this Agreement being intended to provide a definite and orderly method of resolving the various property and business transactions between the parties, and not being intended as an agreement by either party to not defend against a suit in divorce commenced by either party or in any other way to be regarded as a waiver of any right by either party to participate in the litigation of any such action, with the exception of any rights, however, as previously released by this Agreement with regard to alimony, alimony pendente lite, equitable distribution of property, counsel fees, costs and expenses, other than the enforcement or performance of this Agreement which may be instituted pursuant to the remedies available under the Pennsylvania Divorce Code. 11. CHILDREN'S CUSTODY. A. LEGAL CUSTODY. The parties shall share legal custody of the Children as defined in 23 Pa. C.S. S 5302: the legal right to make major decisions affecting the best interests of minor children including, but not limited to, medical, religious and II educational decisions. 'I -7- ." ^ ,,' . '. .--- ~------'-- _ _ 11, '~ B. PRIMARY PHYSICAL CUSTODY. Wife shall have the actual physical possession and control of Children except during times of partial custody in Husband as limited and defined in SUbp3ragraph C hereinbelow. C. PARTIAL PHYSICAL CUSTODY. Husband shall have custody of the Children at the times and for the durations as follows: (1) Every other weekend from 5:00 o'clock P.M. on Friday through 5:00 o'clock P.M. on the following Sunday. (2) Every other Holiday as enumerated below from 9:00 o'clock A.M. of the Holiday to 5:00 o'clock P.M. of the same day: Memorial Day, Independence Day (4th of July), Labor Day, Thanksgiving Day, New Year's Day (January 1) and Easter Sunday. The specific dates for Memorial, Independence, Labor and Thanksgiving days shall be in accordance with the customary dates recognized by the national and state governments in the jurisdiction of Wife's residence. Easter Sunday shall be the day established by the traditional protestant calendar of religious events. (3) Every other Christmas eve between 5:00 o'clock P.M. on December 24 until noon on December 25. L.A"N ,1.'1"':~ j (4) Alternately with (3) above, from noon on Christmas Day (December 25) until 5:00 o'clock P.M. on SNELDAKER BREN~I(..t..\"" &; SP^RE December 26. -8- (5) Two (2) non-consecutive weeks during the Children's summer recess trom school to coincide with Husband's vacation from employment, which shall not occur during the week preceding the Children's tirst day ot school tollowing the summer recess; said weeks to be specified in writing by Husband to Wife no later than May 15 preceding the summer recess; said weeks to commence on Friday at 5:00 o'clock P.M. and terminate at 5:00 o'clock P.M. the following Friday. In the event of conflict in the administration of the foregoing schedule, the holiday provisions in subparagraphs (2), (3) and (4) shall take precedence over the weekend provision in subparagraph (1). In all instances of Husband's partial custody, Husband shall provide for transportation of Children from and to Wife's residence. D. MODIFICATION. The foregoing provisions relating to the Children's custody may be modified by mutual agreement of the parties or by order of court in any custody action hereafter commenced by either party in the best interests of the Children. 12. CHILDREN'S SUPPORT. Husband covenants to pay to Wife for the support of Children the sum of six Hundred Eighty-two ($682.00) Dollars per calendar month, said sum to be paid through LAW O"ICCS SNELBAKER, BRENNEMAN 8: SPARE the Domestic support Section of the Court of Common Pleas of Cumberland county, pennsylvania. The parties agree to enter into a support order by consent. Husband shall pay the costs of such -9- support action. The foregoing amount is based upon the following ingredients: (a) $572.00 per month for basic support, (b) $82.00 per month for medical insurance premiums, and (c) $28.00 per month for child care. wife agrees to obtain and maintain medical insurance for the Children as her sole obligation. The parties agree that the foregoing support provisions shall be and remain in full force and effect for one (1) year from the date hereof without modification by either party. After the expiration of said period of one (1) year either party may seek a modification of the terms of support in accordance with 23 Pa, C.S. 5 3105(b). 13. SURVIVAL OF AGREEMENT. It is the intention of the parties that this Agreement shall survive any action in divorce which may be instituted or prosecuted by either party, and no order, judgment or decree of divorce, temporary, interlocutory, final or permanent, shall affect or modify the terms of this Agreement, but said Agreement may be enforced by any remedy at law or in equity, including enforcement proceedings under the Pennsylvania Divorce Code. The parties agree to incorporate this Agreement into a separate Order of Court to be entered in the Divorce Action, but said Agreement shall not be merged into said Order or the Decree of divorce. LA'N a....lc(~ 5NF.LD~KER BRENNEM4"l a SPARE 14. COOPERATION. The parties agree to cooperate with each other and to make, execute, acknowledge and deliver such instruments and take such further action as may hereafter be .< determined to be requisite and necessary to effect the purposes -10- and intention of this Agreement. 15. VOLUNTARY EXECUTION. 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 ~ot the reGult of any duress or undue influence. The parties acknowledge that they have been furnished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 16. 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. The parties acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of 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 LAW un'lCES $NELBAKER. BRENNEMAN & SPARe 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 the Divorce Code or any amendments thereto. Each party voluntarily and intelligently waives and relinquishes any right to seek a court ordered determir.ation and distribution of marital property, but -11- d I i ! nothing herein contained shall constitute a waiver by either party of any rights to s~ek the relief of any court for the purpose of enforcing the provisions of this Agreement. 17. WAIVER. The waiver of any term, condition, clause or provision of this Agreement shall in no way be deemed or considered a waiver of any other term, condition, clause or provision of this Agreement. 18. APPLICABLE LAW. This Agreement shall be construed, interpreted and enforced according to the laws of the Commonwealth of Pennsylvania. 19. HEADINGS. The headings or titles of the numbered paragraphs of this Agreement have been used only for the purposes of convenience and shall not be resorted to for the purposes of interpretation or construction of the text of this Agreement. IN WITNESS WHEREOF, the parties have hereunto set their respective hands and seals the day and year first above written intending, thereby to legally bind themselves, their heirs, personal representatives and assigns. W~d/~ C<JLc (SEAL) /l" / uzanne C. , ~~n.ors (SEAL) -12- COMMONWEALTH OF PENNSYLVANIA ) : 55. COUNTY OF CUMBERLAND) On this, the 9d. day of & di..kv , 1997, before me, a Notary Public in and for said commonwealth and County, the undersigned officer, personally appeared SUZANNE C. ENDERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Post-Nuptial Agreement, and known as "wife" therein, and acknowledged that she executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. ga.k~l'tV COMMONWEALTH OF Notl.lrllllS1.k!l Pallid. J. Thlll,,"on. Notary ~ ~.!bJfgt}orU.CUml)l)f!!.II\C.1. ,~ My comml5SlD<1 EIIl"'" l.lOC J I, , PENNSYLVANIA~r" '''re.......''M._..''..,.... : 55. COUNTY OF CUMBERLAND ) On this, the day of , 1997, before me, a Notary public in and for said Commonwealth and county, the undersigned officer, personally appeared KEVIN J. ENDERS, known to me (or satisfactorily proven) to be the person whose name is subscribed to the within Post-Nuptial Agreement, LAW ;,,"I<:lS and known as "Husband" therein, and acknowledged that he executed the same for the purposes therein contained. IN WITNESS WHEREOF, I hereunto set my hand and offici~l SNEL9AKER. 8RE~~E~''\N e. S;>MH: seal. Notary Publ ic . . . ,...... '- .. .$. 1__ EXHIBIT A ASSETS OF THE PARTIES . A. ASSETS OWNED JOINTLY BY THE PARTIES: 1. Marital residential real estate at 407 Reservoir Road, Upper Allen Township, cumberland county, Pennsylvania. 2. Household goods. 3. 1988 Volvo automobile. 4. Refund of 1996 income tax ($332.00) B. ASSETS OWNED INDIVIDUALLY BY WIFE: 5. 1984 Nissan automobile. 6. Bank accounts registered to wife. c. ASSETS OWNED INDIVIDUALLY BY HUSBAND: 7. Ohio State Life Insurance policy on Wife's life. 8. 1984 Volkswagen automobile. 9. Retirement/pension accounts. 10. Life insurance policies on Husband's life. 11. Bank accounts registered to Husband. EXHIBIT B pre-Mamage Items 4 Dra\Wr File. dark gray (Mother's) Acousta Phase Speakers Camera Equipment Car Ramps (Brother's) Dresser In LA's Room (Mother's) Atlaler dale Genesis Speakers Harmon Kardon casse"e. Top load, black (Brother's for repair) Harmon Kardon Stereo Equipment (Receiver, Casse"e, CD, equalizer) Hedge Tnmmers (Mother's) Large Alum. Snow Shovel Music Records & CDs (mine) Nikko Receiver Saw Horses Thorens Turntable Tools (hand, JlCl\Wr, eledronlc related), hardv.ere, construdlon matenals Toro Snov.t/1I'IJ\Wr (Mother's) Tree Tnmmer (Mother's) Trek Bike \lVheelbarroW \lVhlte tnmline phone Other Item. 1/2 Family photos and all negatives Bow Saw CO Racks Computer Equipment (except family system, HP DeskJet660C and CTX Monitor) DalJphln Deposit Stock II --- r .. ... ., . , AoorJack Aorescent Ught Axture stored In Attic GnU and Utensils Hose Reel and Hose (minus one hose) lIems given to me by Employers and Clients/Customers Including 0..... rabin, F1Ia Cabinets, Complter EqUlpmlf1l, Sht~, ralophane aqUlpmanl Jack Stand~ Lav.n Mower Leaf Blower Metal Rake Nissan Office contents except green metaltable/cablnet and smaUtable Old TV from Lt.'s room Outdoor Christmas Ughts Satellite Equipment _ /~/...;. b<:low -::.....u.J. 0/....<... Shop Vac and Accessories \j Shovel (1) Smail Air CondlUoner Spare kitcl1en items (cups. pots, pans, etc) Suitable coliedion of portraits Towels (spare) IdeoTape.case ___. -v...",ile outside ttrai~ Xerox Copier n ~ ~ r. ..~ .." ~;i~ [pRJ m <ll .......'JI I '" fj;~:: ID ~') . "'-~ -.' ) r:~Cj ..... \!~ " ;-.: n. ,-':C) ';..( t:-. (.! N ism ... - . ~ .. ~ .'" .- lXl LAW o"lces SNELDAKER. BRENNEMAN 8: SPARE SUZANNE C. ENDERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No/fl.0'J ~a CIVIL TERM IN DIVORCE vs. KEVIN J. ENDERS, Defendant NOTICE TO DEFEND AND CLAIM RIGHTS You have been sued in court. If you wish to defend against the claims set for~h in the following pages, you must take prompt action. You are warned that if you fail to do so, the case may proceed without you and a decree of divorce or annulment may be entered against you by the Court. A judgment may also be entered against you for any other claim or relief requested in these papers by the Plaintiff. You may lose money or property or other rights important to you, including custody or visitation of your children. When the ground for divorce is indignities or irretrievable breakdown of the marriage, you may request that the court require you and your spouse t~ 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 Court House, Carlisle. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from 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 DECREE OF 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 One Courthouse Square CarliSle, Pennsylvania 17013-3387 (717) 240-6285 & SPARE, P.C. By LAW O"ICl:1l SNELDi\KER. BRENNEMA.N a SPA.RF. SUZANNE C. ENDERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA . . vs. : CIVIL ACTION - LAW NO. {"J'7. c~-.J" ~CIVIL TERM IN DIVORCE KEVIN J. ENDERS, Defendant COMPLAINT 1. The plaintiff in this action is SUZANNE C. ENDERS, an adult individual, who resides at 407 Reservoir Road, Mechanicsburg (Upper Allen Township), Cumberland county, Pennsylvania 17055. 2. The Defendant in this action is KEVIN J. ENDERS, an adult individual, who resides at 407 Reservoir Road, Mechanicsburg (Upper Allen Township), Cumberland County, pennsylvania 17055. 3. Both the Plaintiff and the 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. The Plaintiff and Defendant were lawfully joined in marriage on April 12, 1986, in Camp Hill, (Hampden Township), Cumberland county, Pennsylvania. 5. There have been no prior actions of divorce or for annulment between the parties hereto in this or any other jurisdiction since the date of the marriage averred in Paragraph 4 above. 6. Neither party is a member of the armed forces of the United states ot America. 7. The marriage between the parties hereto is irretrievably broken. 8. The 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. 9. The Plaintiff requests the Court to enter a decree of divorce. WHEREFORE, Plaintiff, SUZANNE C. ENDERS, prays your Honorable Court to enter a decree of divorce, divorcing the Plaintiff from the bonds of matrimony heretofore existing between the Plaintiff and the Defendant. I ! & SPARE, P.C. By _r!,L - . :CL' ard C. Snelbaker 44 West Main Street Mechanicsburg, PA 17055-0318 (717) 697-8528 Attorneys for Plaintiff Date: October 7, 1997 LAW Ol'FIC[!I SNELlJAKER. BRENNEMAN & SPARE -2- VERIFICATION ~ " " I verifY that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. S Suzanne C. Enders Plaintiff Date: (!)ct.br 7, 1997 LAW OI"P'IC:EII SNCLOAKER, BRENNEMAN 8: SPARE vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. cj"/. "".,.,/ ~ CIVIL TERM IN DIVORCE SUZANNE C. ENDERS, plaintiff KEVIN J. ENDERS, Defendant AFFIDAVIT SUZANNE c. ENDERS, being duly sworn according to law, deposes and says: 1. I have been advised of the availability of marriage counseling and understand that I may request that the court require that my spouse and I participate in counseling. 2. I understand that the court maintains a list of marriage counselors in the Office of the Prothonotary, which list is available to me upon request. 3. Being so advised, I do HQI request that the court require my spouse and I participate in counseling prior to a divorce decree being handed down by the court. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. S 4904 relating to unsworn falsification to authorities. LAW O'FICE!! SNELIlAI<ER. BRENNEMAN 8: SPARE ;1,' Suzanne C. Enders (plaintiff) Date: rf)~,.:r{)hep 1 /111 I SUZANNE C. ENDERS, Plalnti ff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA v. 97 - 5543 KEVIN J. ENDERS, Defendant CIVIL ACTION - IN DIVORCE I, Andrew C. Sheely, Esquire, hereby accept service of a true and correct copy of the divorce complaint docketed to the above-captioned number on behalf of Kevin J. Enders, Defendant, and hereby certify that I am authorized to do so. This acceptance of service is hereby made pursuant to Pa. R.C. P. No. 402 (b). October 9, 1997 ~~C'~-:fi& Andrew C. Sheely quire PA ID NO. 62469 Attorney for Defendant, Kevin J. Enders 127 South Market Street P.O. Box 95 Mechanicsburg, PA 17055 717-697-7050 ,. II .-- ".-t.:. ". , n \0 ~ C CD -. -., ~~ f..; rT1 (?Jr.., ::D 2.:0 I ." %t;- \D 'P tr,~. ; ,.:) ~.... .:',.1 r::l.J ...., ')~ i';C, :x -" :<~(""1 N Un Pc: .. :;! --' N ~-J ?i! -. C1l - '~'~~'4F- . vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 97-5543 CIVIL TERM : IN DIVORCE UZANNE C. ENDERS, Plaintiff EVIN J. ENDERS, Defendant PLAINTlrr's AFrIDAVIT or CONSENT UNDER SECTION 3301(01 or THE DIVORCE CODE 1. A complaint in Divorce under section 3301(C) of the ivorce Code was filed on the 8th day of october, 1997. 2. The marriage of the Plaintiff and the Defendant is irretrievably broken and ninety (90) days have elapsed from the ate of the filing and service of the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of intention to request entry of the decree. 4. I verify that the statements made in this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C. S. S4904, relating to unsworn falsification to authorities. Date: J"M'lI'1 2:1-, /Ii'l'( ..JI.t~7 /1/1" C? f I[tl/ J' /i uzanne C. n ers {/ (Plaintiff) LAW Of"lCt:S 5NELDAKER. BRENNEMAN a SPARE e \0 !? CD ~ ..., :i! "ff rr'I CPr; a:I n'i 2'::J., I -v. -'S (;~ '. \0 '3 j".Sc.': ~ ~5~ 1;,., ~ f~C:' ~ urn ;,..(: ';;! 7- N :::! en :Q UZANNE C. ENDERS, IN THE COURT OF COMMON PLEAS OF plaintiff CUMBERLAND COUNTY, PENNSYLVANIA VB. CIVIL ACTION - LAW . . EVIN J. ENDERS, NO. 97-5543 CIVIL TERM Defendant IN DIVORCE PLAINTIFF'S WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER SECTION 3301(0) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce ithout notice. 2. I understand that I may lose rights concerning alimony, ivision of property, lawyer's fees, or expenses if I do not laim them before a divorce is granted. 3. I understand that I will not be divorced until a divorce ecree is entered by the Court and that a copy of the decree will e sent to me immediately after it is filed with the rothonotary. 4. I verify that the statements made in this affidavit are rue and correct. I understand that false statements herein are ade subject to the penalties of 18 Pa. C.S. S 4904 relating to nsworn falsification to authorities. ate: Jol.~t'1 2:&, 19"''' / '1/' Ll' uzanne C. Enders i/ (plaintiff) LAW OFI'ICE:. 5t~ELD.'KER. 8RHlNEMAN 8: SPARE ~ \D 0 c:o "n ::"": ...., 7 ""Cr.:1 \;:J ';;;9 rnnt Z:r. I ]l~ ;;0: 1:- (.11'. \.C ;:> .., J -j . C~C'.~ .." :-j~ .-:.( .' X "~("' N Orn .1;.oC: .. --t . ~-3 N :>c- ~ -.. 11' ... ... v. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97 . 5543 CIVIL ACTION. IN DIVORCE SUZANNE C, ENDERS, Plaintiff KEVIN J, ENDERS, Defendant ArrIDAVIT or CONSBNT 1. ^ Complaint in Divorce under Section 3301 (c) of the Divorce Code was flied on October 8. 1997. I acknowledge receiving a true and correct copy of the divorce complaint on October 9, 1997 through counsel of Andrew C. Sheely, Esquire. 2. The marriage of Plaintiff and Defendant is Irretrievably broken and ninety (90) days have elapsed from the date of filing the Complaint. 3. I consent to the entry of a final decree of divorce after service of notice of Intention to request entry of the decree. I verify that the statements made in this Affidavit are true and correct. understand that false statements herein are made subject to the penalties of 18 Pa.C.S,A. Section 4904 relating to unsworn falsification to the authorities. DATE: January It;. 1998 ~J!l;J Kevin Enders 2 ~ ~ "',fo ." ~i~ ~n m z~. , -.. ~. ~,., \D Cl ,. '~-a CJ ~ i'S" ~ ~:8 .- L ;: ..l- r;-? ~ ;;-c: ~ ~ ~ -, SUZANNE C. ENDERS, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 97 - 5543 v. KEVIN J. ENDERS, Defendant CIVIL ACTION - IN DIVORCE WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE UNDER .3301 (C) OF THE DIVORCE CODE 1. I consent to the entry of a final decree of divorce without notice. 2. I understand that I may lose rights concerning alimony, division of property, lawyer's fees or expenses if I do not claim them before a divorce decree Is granted. 3. I understand that I will not be divorced until a divorce decree Is entered by the Court and that a copy of the decree will be sent to me Immediately after It Is flied with the Prothonotary . verify that the statements made In this affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating to unsworn falsification to the authorities. DATE: January '1. 1998 Kevin J, , .' n ID ~ C co :v ~ ~~ "tl oj ~rn co .:n I ;'1-- T' b'. ," ..0 Q J". 2!C) ::2 'r!~ "- \:-1 ",";c-. - l~ ("l ~ ~ PC: ;:.!.: N ~ :;! ~ -.I .....