HomeMy WebLinkAbout98-06732
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IN
THE COURT OF COMMON
PLEAS
OF CUMBERLAND COUNTY
.-'(
STATE OF il~,~~~
-, .z..:;tt.,,.:."
.........,~ .
PENNA.
STEVEN AMBACHER,
PLAINTIFF
:\.".98-6732
\'1'1""1
CINDI M. AMBACHER,
DEFENDANT
DEe R EEl N i:
ANDNOW.. Wo~/VOR,;49 :!,:,~:fA.li
decreed that" . " . " """ " ". " " " " plaintiff, F
:;ed ~i~~;c~~'from the bonds of motrimon~."""""""'" defendant, I:
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The court retains jurisdiction of the following claims which have
been raised of record in this oction for which a final order has not yet ! ~
been entered; I ~
THE. ,SEPARATION .&. SETTLEMENT. AGREEMENT. EXECUT.ED. ON- ,THE. ,8TH. DAY., I) ;,:;
OF. MAY. 19.99, . AND. MARKED. AS. EXHIBIT. .'~A~'. ,SHALL ,BE. AND. HEREBY. ,IS. .
INCORPORATED INTO THE DECREE OF DIVORCE FOR THE PURPOSE OF ..
IiINFORCEMENT. I ~
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Prothonotary
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SEI'ARATION ANI> I'ROI'ERTY SE'r/'LEMENT AGREEMENT OF
STEVEN C. AI\IIIACm:R ANI) CINI>I M. AJ\IIIACIIER
TillS AGREEMENT, nmdc Ihis 8 1" day of
hclwccn STEVEN C. Al\lIIAClmR, hcrcinallcr rcfcrrcd
AMHACIIER hcrcinaftcr rcfcrrcd to as "Wifc..
1'74..'!J
rf
to :IS "lIushand",
, 1999, hyand
and CINDI M.
WITNESSETII:
WHEREAS, Ilusband and Wifc wcrc lawfully marricd on OClOhcr 23 rd 1992; and
WHEREAS, ccrtain diffcrcnccs have ariscn betwccn dlc partics as a rcsull of which thcy havc
scpanncd and now livc separatc and :Ipart from onc anOlhcr, and arc dcsirous, thcrcforc, of cntcring illlo
an agrecmcnt which will provide for support. distributc thcir marital property, and will providc for their
mUlual responsibilities and rights growing out of the marriagc relationship; and
WHEREAS. thc partics hcrcto. aftcr being properly adviscd, havc comc to the following
agrccmenl.
NOW, THEREFORE, in considcration of thc above rccitals and the following covcnants and
promises mutually madc and mutually to be kept, the partics hcrctofore, illlending to be Icgally bound and
to legally bind their hcirs succcssors and assigns thcrcby, covenant. promise and agree as follows:
I. SEPARATION:
II shall be lawful tor each party at all timcs hcrcaftcr to live separatc and apart from thc othcr at
such place or places as he or she may from time to timc choosc or deem fil.
2. INTERFERENCE:
Each party shall be free from interfercncc. authority and contact by the other as fully as if he or she
was single and unmarried, except as may be necessary to carry out the provisions of this Agreement.
Neither party shall molest the other nor allemptto endeavor to molest dIe other, nor compel the other to
cohabit with the other. nor in any way harass or malign the other, nor in any way interfere with the
peaceful existence, separate and apart from thc other in all respects as if he or she were single and
unmarried
3. WIFE'S DEBTS:
Wife rcpresents and warrants to Husband dlat sincc their separation on or about June 5. 1998, she
has not, 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 Husband harmless from any and all claims and
dcmands made against him by reasons of debts or obligations incurred by her subsequent to the entry of
Exhibit "All
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Hushand represcnts and warnlllls tn Wde Ihal since Iheir Sl,'paratinn nn nr ahnul Augnst I" ~ he
has nnl. and iu Ihe fUlure he willnnl. enlllrael or incur any dehl or liahility fill which Wile nr her estale
mighl be respnnsible and shall indemnify and save Wile harmless from any and all claims ,md demands
made againsl her hy reasons of dehls or obliglllions incurred hy him.
Ihe divurce dL'CrL'C.
4. llUlillMlD~BIIi:
4. OUTSTANDING JOINT DEBTS:
II is represented as belween the panics thatlhere 'Ire no known johu dehls.
6. MUTUAL RELEASE:
Subjeclto Ihe provisions of this Agreemelll, each party waives his or her righl 10 alimony and any
further dislribution of properly inasmuch as the parties herelO agree dlat this Agreemelll provides for an
equitable distribulion of dleir marital property in accordance with Ihe Divorce Code of 1980, as amended.
Subject to Ihe provisions of Ihis Agreement, each parly has released and discharged, and hy dlis
Agreemelll docs for himself or herself. and his or her heirs, legal represelllatives, execUlors,
administralors and assigns, release and discharge dIe other of and from all causes of aClion, claims, rights
or demands whatsocver in law or equity. which ehher of dIe parties ever had or now has againsl dIe olher.
except any or all cause or causes of aClion for divorce and except in any or all causes of action for hreach
of any provisions of this Agreemelll. Each party also waives his or her right to requestmarilal counseling
pursuanlto Section 202 of the Divorce Code.
7. EOlIITABLE DISTRIBUTION OF MARITAL PROPERTY:
The parties have allempted to distribule their marital propeny in a manner which conforms 10 Ihe
crileria sel forth in Section 401 of the Pennsylvania Divorce Code, and taking illlO accounl Ihe following
consideralions: dIe length of dIe marriage; !he age, heal!h , slalion, amOUlll and sources of income,
vocational skills, employability, estale, liabilities and needs of each of the parties: Ihe cOlllribulion of each
party 10 !he educalion, Iraining or increased earning power of the odler party; dIe opportunily of each
party for future acquisitions of capital assets and income; !he sources of income of bo!h parlies' including
but not limited to medical, reliremelll, insurance or o!her benefils; Ihe cOlllribulion or dissipalion of each
party in !he acquisition, preservation, depreciation or appreciation of !he marital property, including Ihe
cOlllribulion of each spouse as a homemaker; the value of !he property set apart 10 each party; !he
standard of living of !he parties established during !he marriage; and !he economic circumstances of each
party al!he time the division of property is 10 become effeClivc.
The division of existing marital property is not intended by the parties to constilute in any way a sale or
exchange of assets, funds or o!her property nol conslituting marital property. The division of property
under this Agreement shall be in full satisfaction of all marital rights of the parties. Wifc shaU be entitled
to the personal items listed on Exhibit, "A" which is attached hereto and incorporated herein for
purposes of interpretation and enforcement.
2
A. llJli]]U.u.u.ll01llQEJ>ERSONAI...fRQ~
'Il,c partics hcrcln mutually agrcc thaI Ihcy havc c1TcClcd a satisli.elnry division of Ihc furnitnre,
household furnishings, applianccs. and othcr household personal property hc:twccn thcm, and thcy
mUlUally agrl'e Ih:1I cach party sh.1I1 from and aftcr Ihc datc hcrcof hc Ihc solc and sep.mllc owncr of all
such tangiblc personal property prcsclllly in his or hcr posscssion. Wlf., however shall he enlltlell 10 Ule
perlilJllulllem. li.1ed on Exhibit "A" which l~ alluched herelo and incorporated herein for purposes
of Inlerpretatlon and enforcement wilh s'lIch Items to he relurned to Wife whereupon she shall enjoy
sole and exclus/ve legal and ellu/table ownership of such Items free from uny clabns hy hushand.
Excepl as OIherwisc providcd by Ihc !Crms of this Agrccmem. Ihc partics hercto havc divided
betwecn Ihemselves, 10 thcir mUlual s:lIisfaction. an items of langiblc and imungiblc nmrit.1I property,
Neidlcr party shan make any claim 10 any such itcms of marital property of cilhcr parly. which arc now in
Ihc possession and/or under tile comrol of tile odler. Should it become necessary, the parties cach agrcc to
sign. upon request. any tilles or documems necessary 10 give effect to Ihis paragraph, Property shan be
deemed 10 be in the possession or under thc comrol of either party if, in thc casc of tangible personal
properly, die item is pllysicalfy in the possession or comrol of the party at the time of the signing of this
Agreemem and. in tile case of intangible personal properly. if any physical or wrillen evidence of joim
ownership. such as passbook, checkbook, policy or cerlificate of insurance or other similar writing is in
dIe possession or comrol of the party, Husband and Wife shalf each be decmed to be in the possession
and comrol of his or her own individual pension or otller employee benefit plans or retiremem benefits of
any nature with tile exceplion of Social Security benefits to which either party may have vested or
comingem right or interest al tile time of the signing of this Agreemem, and neither will make any claim
against the other for any illleresl is such benefits,
From and after the date of the signing of this Agreement, both parties shan have complete freedom of
disposition as to hislher separate property and any property which is in their possession or comrol
pursuant to this Agreemem and may mortgage, sen, gram, convey. or otherwise encumber or dispose of
such property, whether real of personal. whether such property was acquired before. during or after dIe
marriage, and neither Husband nor Wife need join in. consemlo. or acknowledge any deed, mortgage, or
other instrument of the other pertaining to such disposilion of properly.
8. REAL PROPERTY:
The parties 10 this agreemelll have a legal equitable and possessory imerest in real property consisting
ofa marital home located al120 Second Street West Fairview, PA, 17025 and described as a 4 bedroom
single family dwening, Wife agrees to relinquish an legal and equitable claims to this home to husband.
Husband shall be emitled to occupy the home exclusively and shall be vested with sole and exclusive legal
and equitable ownership of the same as an owner in Fee Simple. Further Wife agrees to relinquish any
and an legal equitable claims of ownership of the above described premises to Husband, Husband
however, agrees to maimain and pay an mortgages, encumbrances and utility bills or any and an other
bills which are incurred during his occupation of the home as a sole owner and shan hold wife harmless
and indemnify her in the evelll he neglects, to maintain an household related expenses. Husband shan
also endeavor to procure refinancing relative to the above described premises as soon as possible so as to
remove wife's name and relieve her from an allendant legal obligations associated with the currem
morlgage obligation in its emirety.
3
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associaled widl Ihe currelllmortgage ohlig:nion in ils emirely.
I). SUI'I'ORT:
Bodl hushand and wife herchy agree III w.live all righls 10 seck spousal support. alimony, alimony
Pendenle Lile, COSI & EX(ICnses or any olher form of support fwmlhe olher.
10. PENSION PLAN:
TIle party's release any inlerest in dIe opposite spouse's Pension, Retiremem, Stocks. Bonds, or any
other inlerest wheresoever located and which may have accumulated during the marriage.
II. COUNSEL FEES AND EXPENSES:
Husband and wife shall not seek any compensation from die odler spouse for Counsel Fees and
Expenses, Husband and Wife Acknowledge and agree dial the provisions of this Agreemenl providing
for the equitable distribution of marital property of the parties are fair. adequate and satisfactory to Ihem.
Both parties agree to accept the provisions set forth in this Agreemenl in lieu of and in full and final
selllement and satisfaction of all claims and demands dIal either may now or hereafter have against Ihe
other for alimony pendenle lite, counsel fees or expenses or any olher provisions for dleir support and
maimenance before. during and after the commencement of any proceedings for divorce or annulment
between the parties.
12. WAIVERS OF CLAIMS AGAINST ESTATES;
Except as herein otherwise provided. each party may dispose of his or her property in any way.
and each party hereby waives and relinquishes any and all rights he or she may now have or hereafter
acquire. under the present or future laws of any jurisdiction, to share in the property or estate of the other
as a result of the marital relationship, including without limitation. dower. curtesy, statutory allowance,
widow's allowance, imestate share, right to lake against the will of the other, and right to act as
administrator or executor of the others estate. Each will, at the request of the other, execute,
acknowledge and deliver any and all instruments which may be necessary or advisable to carry into effect
this mutual waiver and relinquishment of all such imerests, righls and claims.
13. SUBSEOUENT DIVORCE:
Husband has filed a no,fault complaint in divorce against Wife under Section 3301 (c) of the
Divorce Code, In the event such divorce action is concluded, the parties shall be bound by all the terms
of this Agreement which may be incorporated by reference imo the Divorce Decree, shall not be merged
into the Divorce Decree, and shall not be modified, but shall in all respecls survive the same and be
further binding and conclusive upon the parties. It is the imention of the parties th&t the Agreement shall
survive any action for divorce which may be instituted and prosecuted by either party and no order,
judgmem or decree of divorce. temporary, final or pennanent shall affect or modify the financial tenns of
this Agreement. This Agreement may be incorporated in but shall not merge into any such judgment or
decree of final divorce, but shall be incorporated for the purposes of enforcement only.
4
Furdlcr Wifc agrccs 10 sign all rclalcd documclllation 10 facilil:uc Ihc cnlry of a divorcc ilS hCllwcn Ihc
panics and agrccs 10 sign and rClUrn 10 hushand's aUorncy such paperwork within 48 hours of Ihc dalc of
thc signing of this agrccmclll.
14, CIIII.D CUSTODY t: ~~
Wifc shall havc Primary Physicill Cusll1dy of thc pilny's childrcn AUlumn Jean Amh,lchcr and ConnCll' p.
Paul Amhachcr. with fadlcr 10 rcccive Panial Physical CUSI(1dy of Ihc childrcn as his schcdulc may allow.
BOIh husband ilnd wifc shall have sharcd Icgal cusl<1dy of Ihc childrcn.
15. BREACH AND ENFORCEMENT:
If cither party breaches any provision of dlis Agrccmcm. thc OIhcr pany shall haw Ihc righl. al his
or her election. 10 sue for damages for such hrcach. or scek odlcr such rcmcdics or rclicf as may he
availablc to him or her, and die party breaching this Agreemcnt should he responsiblc for paymcm of
Icgal fees and costs incurred by Ihe odler in enforcing his or hcr lights under dlis Agreemenl.
A, It is expressly understood and agrccd by and helwcen Ihe panies hereto Ihat this Agreement
may he specifically enforced by either Husband or Wife in Equity. or in Law and the panics hereto agree
that if an action to enforce this Agreement is broughl in Equity by either party. the odler pany will make
no objection on die alleged ground of lack of jurisdiction of said Coun on the ground dlat dlere is an
adequate remedy at law . the panies to not intend or purpon hereby to improperly confer jurisdiction on a
Coun in Equity by this Agreement. but they agree as provided herein for dIe forum of Equity in mutual
recognition of the present state of the law, and in recognition of the general jurisdiction of Courts in
Equity over agreements such as this one,
B. Notwithstanding anything to the contrary herein, Husband and Wife may also proceed widl an
action at law for redress of his or her rights under the terms of this Agreement, and in such evem it is
specifically understood and agreed that for and in specific consideration of dIe other provisions and
covenants of this Agreement. each shall waive any right to a jury trial so as to expedite the hearing and
disposition of such case and so as to avoid delay.
C. Each party further hereby agrees to pay and to save and hold harmless the other party from any
and all attorney's fees and costs of litigation that eidler may sustain, or incur or become liable
for, in any way whatsoever. or shall pay upon, or in conscquence 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 he obliged to retain or engage counsel to initiate or maintain or defend proceedings against
the other at law or equity or bodl in any way whatsoever; provided that the party seeks to
recover such attorney's fees. and costs of litigation must first he successful in whole or in pan,
before there would be any liability for attorney's fees and costs of litigation. It is die specific
agreement and intent of the panies that a breaching or wrongdoing pany shall hear the burden
and obligation of any and all costs and expenses and counsel fees incurred by himself or herself
as well as the other party in endeavoring to protect or enforce his or her rights under this
Agreement.
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16. AJ)DIDONAI. IN!>Tl{ll\1t:.."i.'J'S:
I:..ch of the panics shall fWIII tin~ III tillle. at the requesl of Ihe lIIher, <'"eeute, acknllwlctl~e allll
deliver 10 Ihe olher p.lrly IIny and all funher inslrumenls Ih.llllla)' he re.l,onahl)' r<'lIl1ired III ~ive hili It)fee
lInd efli.-cllo the pruvisions of Ihis Agreement.
17. VOLUNTARY EXECUTION:
111e pruvisions of this Agr<'ClIlCm and Iheir legal eff<-c1 have heen completely reviewed hy Ihe
panics. and each pany acknowk'llges that the Agreemelll is fair and equilahle, Ihal il is heing entered illlo
voluntarily. with full knowledge of Ihe assets of bmh panics, ,md Ih:u II is nol die resllh of any duress or
undue innuence. 111e panics acknowk'llge Ihal they have heen furnished with all infonmuion relating to
die Iinancial affairs of Ihe odler which has heell requesled by each of them,
18. ENTIRE AGR.EEMEmJ
lllis Agrccmem contains die entire understanding of tbe panics and there are no representations.
warralllies, covenants or undertakings OIher dlan those expressly sel fordl herein. Husband and Wife
acknowledge and agree that the provisions of dlis Agreement widl respect to die division and distribution
of marital and separate property arc fair, equitable and salis factory to diem based on the length of their
marriage and other relevant factors which have been taken inlo consideration by the panics. Both panics
hereby accept the provisions of this Agreement with respect 10 the division of property in lieu of and in
full and Iinal selllemem and satisfaction of all claims and demands dial they may now have or hereafler
have against the other for eljullable distribulion of their property by any court of compelent jurisdiction
pursuant to Section 40 I (d) of the Divorce Code or any other laws, Husband and Wife voluntarily and
intelligently waive and relinquish any righl 10 seek a coun ordered determination and distribution of
marital properly. but nothing herein contained shall constilute a waiver by either parry of any rights to
seek the relief of any coun for dIe purpose of enforcing any provision of this Agreemenl.
19. DlSCI.OSURE:
Husband and Wife each represent and warrant 10 the other dlat he or she has made a full and
complele disclosure to the other pany of all assels of any nature whalsoever in which such party has an
interesl, the sources and amount of the income of such parly or every Iype whatsoever and of all other
facls relating 10 the subject mailer of dlis Agreemem.
20, MODIFICATION AND WAIVER:
A modification and waiver of any of the provisions of this Agreemem shall be effeclive only if
made in wriling and executed with the same formalily as this Agreemenl. The failure of either party to
insist upon stricI performance of any of the provisions of Ihis Agreement shall not be construed as a
waiver of any subsequem defaull of the same or similar nature.
6
21, l'lUOR.AGREEl\Illl'il';
II is undcrSlo"d and,lgrccdllml ,lilY and all propcny sclllclllCIll agrcclllcllls whkh nmy or h.I\'c hccn
csc,uled priur lu Ihc dlllc and lilllc uf Ihis Agrecfllefll arl' nllll alllt vuill and uf nu cftc'l as wcll as .1IIY
vcrhal agt<'1:lIIcnls ur rcpresclllaliuns IIC'Uning priur IUlhc cf"'''ivc lIalc uflhis illSllulllcnl.
22, ~CRII'TIVE HEADINGS:
'fllc dcscriplive hcadings used hcrcin arc lilr ,unvcnicn,c unly. 'Illcy shall havc nu cffc"
whatsoevcr inllclcnnining Ihe right, or oblig:llions of thc panics.
23. INDEPENDENT SEPARATE COVENANTS:
h is Slx,"citically understo{)(j and agreed by and hctwccn Ihc parries herelo IIlar each paragraph
hercof sJJaJJ be deemcd In be a separale and independem covenam and agreemelll.
24. APPLICABLE LAW:
25. YOID CLAUSES:
This Agreemelll shall be construed under the laws ofthc COllllllonwcahh of Pcnnsylvania,
If any terms, conditions, clause or provision of this Agreelllem shall be determined or declared 10
be void or invalid in law or odJerwise, then only thallerm, condilion, clause or provision shall be Slricken
from dJis Agreemem and in all other respeclS this Agreemelll shall be valid and cOlllinue in full force,
effect and operalion.
26. AGREEMENT BINDING ON HEIRS;
This Agreement shall be binding and shall inure to the benetit of the panies hereto and Iheir
respeclive heirs, execulors, adminislrators, successors and assigns.
7
IN WITNESS WHEREO.... Ihe panics herein have sel lheir hand and seals Ihe day and year !irsl ,,",we
wrillen.
.' '~
~~ . '. ~~c. 1
Sleven C. Amhachcr
Commonwealth of Pennsylvania
County of Cumberland
;-, '~h
Olllhis. IIIe :s- . .day of"Y'(--', o~ A,D, 1998. before II/e a NOlllry Pllblit' appI'lIr/'t1
Slevetl C. Ambacller , klloWII 10 me (or saris /C/orily prol'ell) /0 be IIIe persall wllose /lIIlI/l' is
sllbscribed ro IIIe Wilhill illsln/II/elll, alld ackllowledged 111m lie exeemed IIIe sall/e for IIIe pilI' poses
IIIereill cOlllailled.
IN WITNESS WHEREOF. I IIerelllllO selmy IIalld alld official seal.
~JY,\ Uv-.,.. ('r\ ~~~ Seal
~";dL:-m, (J_h.tJ.I'J...;
Indi M. Ambacbcr
"""e M. K~'~. . ~KtJiJfficer
Steellon Bora. DauphIn County
MV Commission Expires Feb. 18,2002
Momber. PlI'lnsyl/!l\l!lll._i-'1WI 01 NoI.....
Commonwealtb of Pennsylvania
County of Daupbin
. '" '-~ ''y"
011 rills. IIIe E- ,day oL l'l"\ A.D. 1998, before II/e a NOlary Pllblic appeared
eilldi M, Ambacller, kllowlllo me (or salisfaclorilf' rovell) 10 be IIIe persollwllose lIame is sllbscribed
10 IIIe Willlill inslfllmelll. alld acknowledged 111m lie execmed IIIe sall/e for IIIe purposes rllerein
cOlllained.
IN WITNESS WHEREOF, 1 IIerelllllo selll/Y IIand and official seal.
'-.J-,^. ~ "(Y'\ \ Z~=--<:.1, Seal
Nellie M. Ko , ,flfuQ[ficer
Sloollon Bora. Dauphin County
My Commission Expires Feb. lB. 2002
Memller, Poon"""nllI HflIl!i
8
IN TilE COURT OF COMMON PLEAS, CUl\JJ1EIU.AND COUNTY,
PENNSYLVANIA
STEVEN Al\JJlA(,IIER
(,1\'11 Acllon....I>i\'llrce
I'I.AINTIH',
Case No. 98-6732
VS.
CINDll\I. AM8ACIIER
DEFENDANT,
PRAECIPE TO TRANSMIT RECORD FOR APPROV AI. OF DIVORCE
GROUNDS
To thc Prothonotary:
Transmitthc rccord, togcthcr with thc following infom13tion, to thc Court for cntry of an
ordcr approving thc grounds for divorcc:
1. Thc grounds for divorcc arc thc Irrctrievable breakdown under Section 3301(c) of
thc Divorcc Codc.
2. Thc Complaint for Divorce was filed on November 30lh 1998 and scrved upon the
dcfcndant on Dcccmbcr 141h 1998 by Certificd Mail postagc prcpaid.
3. Thc Affidavit ofConscnt was signed on thc 22'" day, of..Tqlllcl999 by the plaintiff
Stcvcn Ambachcr and on the 22" day. of JUNe 1999 by the defcndant Cindi M.
Ambachcr.
4, (b) Thcrc are no related claims pending as betwcen the parties listed herein in that all
divorcc rclatcd claims have been settled by way of a Separation and Property Settlement
Agreement exccuted by and between the parties on the 81h day of May 1999 which shall
be incorporated into the Decree in Divorce.
5. I certify that the parties executcd Waivers of the Notice ofIntent to Request Entry of
Divorce Dccree Under 3301 @ofthe Divorce code pursuant to Rule 1920.72 which is
attached hereto and enclosed herewith.
Dated: GIl 7/99
\ alSO wish to rece\ve the
followIng servlc.' lfor an
.xtral..):
1. 0 Addr.ssae'. Add'..'
2. 0 Re.tricted o.lIvery
cansu\t postmaster tor tee.
4a. Art\c1e Number
. .. SENDER:
,~ .compl8l.elten'll' andJOf 2 IOf addiuona' ..!'ke..
,.. .ComP8l.e\""",3,4a..nd4b.
: .print vour..... end .dd'''' on thO ,...... 011"'........,.1 wa can ,.1"'" 1\'1.
.. card to you.
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PS Fonn 3811, oecember 1994
IN TilE COURT OF COMMON I'LEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
STEVEN C. AMBACIIER,
Nu.
PLAINTIH',
Civil Action.-Dlvorce
VS.
CINDI M. AMBACHER,
DEFENDANT,
COMPLAINT UNDER SECTION
3301lCl OR 3301(0) OF THE DIVORCE CODE
PARTIES
1. Plaintiff is Steven C. Ambacher, an adult individual, sui juris and who currently
resides at 120 Second Street, West Fairview, 17025 County of Cumberland,
Commonwealth of Pennsylvania
2. Defendant, is Cindi M, Ambacher, an adult individual, sui juris, who currently resides
at 312 Gannet Street, Harrisburg, 17112 County of Dauphin, Commonwealth of
Pennsylvania.
JURISDICTION & VENUE
3, Plaintiff has been a resident of the Commonwealth of Pennsylvania for a period of
more than 6 months.
4. The parties were married on the 23rd day of October, 1992, in the city of
Ilarrishurg, Connty of O.tlIflhin ('ommonwcallh of Pcnnsylvania,
5. Neither the I'laintilTnor the Dcfcndant is in thc military or naval scrviec oflllC Unitcd
Stales or its allics within thc provisions ofthc Soldicrs' and Sailors' Civil Rclicf Act of
thc Congrcss of 1940 and its amcndmcnts,
6, Thcrc has bccn no prior actions for divorcc or annulmcnt institutcd by cithcr party
against the othcr in this or any othcr jurisdiction.
GROUNDS FOR DIVORCE
COUNT I
REOUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 (0 OF THE
DIVORCE CODE.
7. Thc prior paragraphs arc incorporatcd hercin by rcfcrcncc.
8. The marriagc bctwecn thc PlaintilT and Dcfendant is irrctricvably broken.
Afier (90) days have clapsed from the datc of the filing of this Complaint, plaintiff
intcnds to file an affidavit consenting to a divorce.
WHEREFORE, if thc parties file affidavits consenting to a divorce afier ninety
(90)days have clapscd from the date of thc filing and thc serving of this Complaint,
plaintiff respectfully requcsts thc Court to enter a dccrce of divorce pursuant to scction
3301(c) of the Divorce Code.
COUNT II
REOUEST FOR A NO-FAULT DIVORCE UNDER SECTION 3301 CD) OF THE
DIVORCE CODE.
8. The prior paragraphs shall be incorporated herein as if fully set forth.
9.. For the pUrposes of section 3301 (d) ofthe Divorce Code, the parties have been
separated since June 5th 1998..
10. The marriage is irretrievably brokcn.
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I J. Plaintiff has been advised that counseling is available and thaI the plaintiff may have
the right to request that the court require the parties to participate in counseling.
12, In the event that consent from the defendant is forthcoming Plaintiff shall seck a
unilateral divorce pursuant to and in conformity with section 3301 (d) of the Divorce
Code subsequent to the filing of this Complaint upon the expiration of 2 years from the
aforementioned date of separation if consent is not forthcoming pursuant to 3301 (C),
WHEREFORE, ifpJaintiffrequestthe Honorable Court to enter a Divorec Dccrcc undcr
section 3301 (d) upon the expiration of two (2) ycars from the aforemcntioned date of
separation.
13. The parties have two biological children born of the marriage and of the names of
Autumn J. Ambaeher and Conner P. Ambaeher.
14. The parties have not heretofore entered into any written agreement as to support,
alimony, or property division.
COUNT III
COMPLAINT UNDER 3301 (A) OF THE DIVORCE CODE
ADULTERY
13. The prior paragraphs are incorporated herein by reference.
14, During plaintiffs marriage to defendant and prior to their separation defendant
engaged in a meretricious relationship with another man which was verified by the
communications of the parties children to the plaintiff as to the nature of these
indiscretions.
15. On numerous occasions defendant commuted to New Jersey to engage in this extra-
marital affair taking with her on one occasion parties children,
16. Plaintiff. at no time consented to, or condoned this adulterous relationship
IIAZLETT & OESTERLING
ATTORNEYS AT LAW
r
Alto ey for Plaintiff
2 outh Market Street
eehanicsburg, Pennsylvania 17055
(717) 790-0490
VERIFICATION
I verify that upon personal knowledge or infonnation and belief that the statements
made in this Complaint are true and correr-\' I understand that false statements herein
are made subject to the penalties of 18 Pa C.S. & 4904, relating to unsworn falsification
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to authorities.
Date: //h7hfi'
Co.'
,
,
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AMERICAN WITII J)JSAIJlLlTIES ACT OF 1990
Thc Court of Common Picas ofCumhcrlmlll County is rcquircd hy law to comply with
thc Amcricans with Disabilitics Acl of 1990. For inlonnatiol1 about acccssiblc facilitics
and rcasonablc accommodations availablc disablcd individuals having busincss bcforc thc
court, plcasc contact our officc. All arrangcmcnts must bc madc allcast 72 hours prior to
any hcaring or busincss bcforc thc court. You must attcnd thc schcdulcd confcrcncc or
hcaring.
BY TilE COURT:
Date:
J.
IN Tin: COURT OF COMMON PU:AS OF CUMB.:IU,AND COUNTY,
I'ENNSYLVANIA
STEVEN C. AMBACIIER,
No.
I'LAINTI"'''',
Civil Action-Divorce
V.
CINDI M. AMBACHER,
DEFENDANT,
CERTIFICATE OF SERVICE
I hcrcby ccrtify that on this ,day of , 1997, a true and
corrcct copy ofthc foregoing Noticc to Dcfcnd, Noticc of Availability of Counseling and
V cn licd Complaint in thc abovc-captioncd mattcr, was scrvcd upon thc person and in the
manncr listed below:
Service by Certified Mail, Rcturn Rcccipt # , addrcssed to the
following: Cindi M. Ambachcr, 3 I 2 Gannct Strcct, Harrisburg, P A, 17112.
HAZLETT & OESTERLING
Gregory S. Hazlett, 1.0. # 69528
Attorney for Plaintiff
22 South Market Street
Mechaniesburg, Pennsylvania 17055
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RECEIVED
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I~ TilE ('OllRT Of COI\I:\IO~ PI.f..-\S OF CDIBERI..-\:\'D (O(':"TY,
COI\I~IO:\WE'\I.T11 OF PE:\':\'S\'L \',\'il.-\
sn:n:1\ ."IIHOIER.
Ch'lI Aclion...Dh'Ol'cc
"I.-\I'i'fIFF
DOl'~l't 1\0, 98-67.12
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AFFIDA \'IT OF CO\'SE:\"f
I. A cOI11I'I~,,1!;/1 dJ\'orce underSecrion 330/(c) Oflh~ Dilorl'" Cc'll" Il,a:' likJ "II,
N"'~llIhcr ,'1,1'" I 'I'I!; and served UP\lO defenJ'1I11 011 D,'ccmb('r I ~', J 'i:J~ by ('cl1itied ~l,ljJ
p03t"b~ Pl(p;.id
2, The marl'l.1gc of pi aim iff and defendanr is irretriel'ably broken and nil;~ly days lJa\ ~
Elapsed Cron: tl1,' ,:"1\' ofsCf\';ce of the divorce Complainl
J.l eonsell! 10 th,' entry oCa final dccree ofdi\'o~ec.
4. I underslilnd thai J may lose rights cOllceming alimony, di\'ision ofp,'opcrty. lawyers
Fees or expellses if I do not elailllthcll1 beforc a dil'orce i5 granted.
I verify that the statemcnts mHdc in this IIf/iUH\il lire tru,' Hnu corrcCI. 1
undrrstand thaI false statements herein lIre made snbjrrtlo Ihr prnallir.s of 18 Pa.
Cons. Stal. S 4904 relating 10 uuswom falsifiration to authol'itil'S.
Dale: S ' ;~,') -!;i Cj
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Defendant
IN TilE COURT OF COMMON PLEAS OF CUl\I8EIU.ANI> COUNTY.
COMMONWEALTII OF PENNSYI.VANIA
STEVEN MIIJACIIER.
Civil Action---I>ivorcc
PI.AINTlFF
Docket No. '1S-(,732
VS.
CINDI M. AMBACHER.
DEFENDANT
AFFIDAVIT OF CONSENT
1. A complaint in divorce under Section 3301(c) of the Divorce Code was filed on.
November 30'" 1998 and servcd upon defendant on Dceembcr 14'" 1998 by Certified Mail
postagc prepaid.
2. The marriage of plaintiff and defendant is irretricvably broken and ninety days have
Elapsed from the date of service of the divorce Complaint.
3, I consent to the entry of a linal decree of divorce.
4. I understand that I may lose rights concerning alimony, division of property, lawyers
Fees or expenses if I do not claim them before a divor"e is granted,
I verify that the statements made in Ihis affidavit are true and correct. I
understand thai false statements herein are made subjecl to the penalties of 18 Pa.
Cons. Slat. S 4904 relating to unsworn falsification 10 authorities.
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