HomeMy WebLinkAbout01-0085 FX
""
.
.
.
. .
.
.
.
. .
IN THE COURT OF COMMON PLEAS
OF CUMBERLAND COUNTY
PENNA.
No.
01-85
CIVIL
DECREE IN
DIVORCE
.
.
.
AND NOW,
'1ef:r..v-., 2... r
, z.. 011 , IT IS ORDERED AND
DECREED THAT
JENNIFER E. WAGNER
, PLAINTIFF,
.
RICHARD W. WAGNER
, DEFENDANT,
AND
ARE DIVORCED FROM THE BONDS OF MATRIMONY.
.
THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE
BEEN RAISED OF RECORD IN THIS ACTION FOR WHICH A FINAL ORDER HAS NOT
YET BEEN ENTERED;
The Separation and Property Settlement Agreement entered into by the parties
.
.
.
on Janua;y 8, 2003, shall be incorporated but not merged into this Decree.
.
. ..
.
.
.
.
PROTHONOTARY .
J.
. .
'1'<'<-""-1__". "..",'
-"
~'I' I"
" - ,.",., _ r ~"'_"._
~ "..
.
~.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
.
4>
lfJ
~~2~~h<
~ (;/ .;fv!}!. r?nI Me.7' ~)
" " 10.
~ ,,-
,
.
I ~I
,-'i'F~
~ ROo,
".mI!!'l~!IIPlI~~~~
~'~W-ifll'1_I'li""""'l4r"~f~~
,~'f9l_!W,"~!>~-
"",~~J';
~..,~~~III~, ~,_
'1'-" ~,
_,~"~>~_> ","M>""'>.'_-"'~' '~'''''M ~*
r'O. Le (?
c>? /.,0
'-.C l...l . C?
.~- 'm~'....,.."",,,,,.,,,,, ''''''lilllii
t,
,
1
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JENNIFER E. WAGNER,
Plaintiff
NO, 01-85
vs.
CIVIL ACTION - LAW
RICHARD W WAGNER,
Defendant
IN DIVORCE
PRAECIPE TO TRANSMIT THE RECORD
1. Grounds for divorce:
./ Section 3301(c) of the Divorce Code
Section 3301(d) of the Divorce Code
2.
Date complaint filed: January 4.2001
(a)
(b)
(c)
Date of service ofthe complaint: January 10. 2001
If service 30 days after date of filing, date complaint reinstated:
(d)
Manner of service of the complaint:
./ Certified mail, restricted delivery to and return receipt signed by
defendant
First-class mail-not returned, certified mail refused, 15 days have
elapsed
Date of mailing:
Date certified mail refused:
Personal service by Sheriff and/or Deputy Sheriff
Personal service by competent adult other than Sheriff (Affidavit
attached)
Acceptance of service (Copy attached)
By publication pursuant to Order of Court (Copy of Order
attached)
:r:mn~ ,~Ar~ '"~~,_,, ''" _ ,_,_
1'1
.,
or,
-
3.
(a)
Affidavit of consent required by Section 3301(c) of the Divorce Code:
Date of execution: plaintiff: JanuaJ)' 26, 2002 defendant: FebruaJ)' 20, 2003
Date offiling: plaintiff:
contemporaneouslv herewith
defendant:
contemporaneously herewith
(b) Plaintiff's affidavit required by Section 3301(d) ofthe Divorce Code:
Date of execution:
Date of filing:
Date of service upon defendant:
Manner of service:
4. Related claims pending: None. All economic claims have been settled.
5.
(a)
Date of service of the notice of intention to file praecipe to transmit, a copy
of which is attached:
Manner of service:
(b) Date waiver of notice to file praecipe to transmit was filed with the
Prothonotary:
By plaintiff:
contemporaneously herewith
By defendant:
contemporaneouslv herewith
I verify that the statements made in this praecipe are true and correct, I
understand that false statements herein are made subject to the penalties of 18 Pa.C.S.A 94904
relating to unsworn falsification to authorities.
"z/.2d/iU
Date
","*"!
. ,..
1"1
;1
~"<l
~._~"
,~
c~+ ~ ~_ _, "".
"-",-,-, elM.' .','" ~-,"- "',..-- ". "-""<'~''''-"' l' ;",'/" "~,""';;(2Ci';" ''-''1' <ij(~"""" ,'.'" ,"~'" "."'ttlli'-rr1lJ~-'i!-,^"': ~. "''':'tJji:Ki\'i~t'lTI''[ I'f:'
0
C
<- ""'1
'1) l~~: ,,'
n-I L~: -:":__J
~.
..-::::' ;~'-...;r
(D
-<
r~ , .~.
)?-,; (" :>
~ (. .-
):C. S co
.
...:., c- 5;J
-~ f" -<
i-t't';l
~~"1iIjl!f~~I"''''!>'-'''''='_ _,.,.."..^"_~'!l'!I'W"~~~~'mt"'~?1\'l';:~i\o""",il'-0F"'''O!",--,''''_;,:F,'''''.-:'.-'~"''--'" "'(-"_hVI~,.q?"'0'!'lW"",",c"-l'1"I'''''''t1'f.''~I~i'1"!i'1!_H,)i1''''~l'IIIII!~
SEPARATION AND PROPERTY SETTLEMENT AGREEMENT
THIS AGREEMENT made and entered into this g~day of ,J;J1}U/N'I. 'I
2003, by and between RICHARD W. WAGNER, of Camp Hill, Pennsylvania, party of
the first part, hereinafter referred to as "Husband," and JENNIFER E. WAGNER, of
Camp Hill, Pennsylvania, party of the second part, hereinafter referred to as "Wife."
WITNESSETH:
WHEREAS, the parties hereto are husband and wife, having been married on
November 14, 1992 in New Cumberland, Pennsylvania; and
WHEREAS, certain differences have arisen between the parties as a consequence
of which they intend to live separate and apart from each other during the rest of their
natural lives; and
WHEREAS, the parties desire to confirm their separation and desire to enter into
an agreement for the final settlement of their property and affairs; and
WHEREAS, the parties intend to dissolve their marital status by means of a
divorce pursuant to Section 3301(c) of the Divorce Code of Pennsylvania.
NOW, THEREFORE, in consideration of the foregoing and in further
consideration of the covenants and promises hereinafter mutually to be kept and
performed by each party hereto, as well as for other good and valuable considerations, it
is agreed as follows:
1. 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 from
I
~"'"'I!!I,-- '~i'
t I
time to time may choose or deem fit. However, neither party shall move further
than a 20-minute drive from Camp Hill, Pennsylvania, without the express
consent of the other party or an order of the court.
2. NONINTERFERENCE. Each party shall be free from interference,
authority and control, direct or indirect, by the other in all respects as fully as if he
or she were single and unmarried. Each may, for his or her separate use or benefit,
conduct, carry on and engage in any business, occupation, profession or
employment which to him or her may seem advisable. Neither party shall molest,
harass, disturb or malign the other or the family of said other, nor compel or
attempt to compel the other to cohabit or dwell with him or her.
3. MUTUAL RELEASES. 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 remise, release,
quitclaim, aJld forever discharge the other party hereto, his or her heirs, executors,
administrators or assigns, or any of them, of and from any and all claims,
demands, damages, actions, causes of actions, or suits at law or in equity, of
whatsoever kind or nature, for or because of any matter or thing done, omitted, or
suffered to be done by said party prior to and including the date hereof; except
that his release shall in no way exonerate or discharge either party hereto from the
obligations and promises made and imposed by reason of this Agreement, and
2
~'1Ii","~~, L---'
r 1-
"
shall in no way affect any cause of action in absolute divorce which either party
may have against the other party.
4. MARITAL PROPERTY. The parties hereto acknowledge and agree that
they acquired various assets and debts during their marriage, whether the same
were held jointly or individually by the parties hereto, including but not
necessarily limited to;
(a) The marital residence located at 1908 Princeton Avenue, Camp Hill,
Pennsylvania. Said marital residence had a market value of
approximately $96,000 and was encumbered by 1st mortgage of
approximately $80,000 and a 2nd mortgage of approximately $34,000
at the time of separation;
(b) Wife's 1998 Ford Taurus, titled in the name of Wife, and encumbered
by a loan;
(c) Household goods, contents, furniture and furnishings located in the
marital home at the time of separation;
(d) Husband's and Wife's personal effects and possessions;
(e) Marital debts incurred jointly by Husband and Wife, namely a Visa
credit card obligation of approximately $5,500, a personal loan
obligation of approximately $8,000 at the time of separation; marital
debt incurred by Wife, namely an obligation to Value City of
approximately $980.00 at the time of separation; and marital debts
incurred by Husband, which at separation were a personal VISA
3
''''f
..'
obligation in name of Husband for approximately $4,000.00, an
obligation to pay approximately $1,380.00 to Home Depot for home
improvement materials, and an obligation of approximately $980 to
Boscov's Department Store.
5. DISTRIBUTION OF MARITAL PROPERTY. The parties hereto covenant
and agree that the assets described in Paragraph 4, above, have been or are hereby
being divided and distributed between them as follows:
(a) Wife shall relinquish and disclaim any and all ownership, right, title
and interest in the marital residence at such time as Husband
refinances the marital residence. Husband shall be responsible for
making all payments on the first and second mortgages, and for paying
all expenses related to the maintenance and upkeep of said marital
residence.
(b) Husband shall relinquish and disclaim any and all ownership, right,
title and interest in the Wife's 1998 Ford Taurus, and Husband agrees
that Wife shall be and remain the sole and separate owner of same.
Wife shall be responsible for making all loan payments for said
vehicle, and for paying all expenses related to the maintenance and
upkeep of said vehicle.
(c) Household goods, contents, furniture and furnishings that were located
in the marital home have been divided by the parties to the mutual
satisfaction of the parties. Wife relinquishes and disclaims any and all
4
"_'l'1l
II
~",
r
."
ownership, right, title and interest in the household goods, contents,
furniture and furnishings remaining in the marital residence or that she
does not have in her own possession at the time of execution of this
agreement, and she agrees that Husband shall be and remain the sole
and separate owner of same. Husband relinquishes and disclaims any
and all ownership, right, title and interest to items in the possession of
Wife and agrees that Wife shall be and remain the sole and separate
owner of same;
(d) Husband and Wife have divided their personal effects and possessions
to their mutual satisfaction. Husband relinquishes and disclaims any
and all ownership, right, title and interest to personal effects and
possessions in the possession of Wife and agrees that Wife shall be and
remain the sole and separate owner of same. Wife relinquishes and
disclaims any and all ownership, right, title and interest to personal
effects and possessions in the possession of Husband and agrees that
Husband shall be and remain the sole and separate owner of same;
(e) Wife has paid off the debt owed to Value City at the date of separation.
Husband and Wife agree that each shall pay fifty percent of money
owed for the joint VISA account at the time of separation, and that all
other debts incurred by the parties during the marriage which remain
outstanding on the date of this agreement, shall be and remain the sole
responsibility of Husband.
5
''l',.I'' __I
rI
.-
6. EOUITABLE PROPERTY. This Agreement constitutes an equitable division of
the parties' marital property. The parties have determined that the division of this
property conforms with regard to the rights of each party. The division of existing
marital property is not intended by the parties to constitute in any way a sale or
exchange of assets.
7. INCOME TAX RETURN. In the event that any federal income tax is owed for
any years in which a joint federal income tax return was filed prior to the
execution of this agreement, the parties hereby agree that each shall pay fifty
percent (50%) of the amount owed. In the event that any federal income tax
refund is due for any years in which a joint federal income tax return was filed
prior to the execution of this agreement, the parties hereby agree that each shall be
entitled to an amount equal to fifty percent (50%) of the total refund due.
8. INDEMNIFICATION FOR PAST DEBTS. Except as otherwise provided in
Paragraph 5, above, each of the parties hereto covenants and agrees to assume full
responsibility for and to pay all debts and obligations of whatsoever kind or nature
incurred individually by that party prior to the day and date of this Agreement, and
each of the parties hereto hereby covenants and agrees to indemnifY the other
party and save him or her harmless from all liability or claim on account of said
debts and obligations from and after the date hereof.
9. FUTURE OWNERSHIP OF PROPERTY. Each of the parties hereto may
hereafter own and enjoy, independently of any claims or rights of the other, all
items of personal and real property, tangible or intangible, hereafter acquired by
6
"-,!",,,.,....,.....[
I "I ~" I
. .'
him or her, 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.
10. MUTUAL RELEASES. The parties acknowledge that under prevailing
Pennsylvania law they each have certain possible fiscal rights, including but not
limited to the following: spousal support, alimony pendente lite, permanent
alimony subsequent to a divorce, recovery of counsel fees, costs and expenses in
the event of a divorce, and equitable distribution of marital property. It is the
intention of the parties hereto that all of the foregoing rights and remedies, with
the exception of those otherwise provided in this Agreement, are hereby waived
and forever released and that this Agreement shall have the effect of a fmal Order
of Court relieving each party of the obligation to the other for any and all of the
foregoing possible rights and remedies. The parties have effected an equitable
distribution of their marital property and neither will seek further distribution by
any action at law or in equity.
11. EFFECT OF DIVORCE DECREE. The parties covenant and agree that unless
otherwise specifically provided herein, this Agreement shall continue in full force
and effect after such time as a final decree in divorce may be entered with respect
to the parties. Should a decree, judgment or order of separation or divorce be
obtained by either of the parties in this or any other state, country or jurisdiction,
each of the parties hereby consents and agrees that this Agreement and all of its
covenants shall not be affected in any way by any such separation or divorce; and
that nothing in any such decree, judgment, order or further modification or
7
II
~
.'
revision thereof shall alter, amend or vary any term of this Agreement, whether or
not either or both of the parties shall remarry, it being understood by and between
the parties hereto that this Agreement shall be incorporated in but shall not be
merged into a decree, judgment, or order of divorce or separation. It is
specifically agreed, however, that a copy of this Agreement or the substance of the
provisions thereof shall be incorporated by reference into any divorce, judgment
or decree. This incorporation, however, shall not be regarded as a merger, it being
the specific intent of the parties to permit this Agreement to survive any judgment
and to be forever binding and conclusive upon the parties.
12. INDEMNIFICATION FOR FUTURE DEBTS. Each of the parties hereby
covenants and agrees with the other party not to make, incur or attempt to make or
incur any debt or obligation for or on behalf of the other party hereto, or for which
the other party may be held liable, from and after the date hereof, and each of the
parties hereto hereby covenants and agrees to indemnify the other party and save
him or her harmless from all liability or claim on account of said debt or
obligations from and after the date hereof.
13. OTHER DOCUMENTS. Each of the parties hereto shall, from time to time, at
the request of the other party, execute, acknowledge and deliver unto said other
party any and all further documents or instruments which may be reasonably
required to give full force and effect to the terms and provisions of this
Agreement.
8
~1011,~
I I
14. DIVORCE. This Agreement shall not be construed to affect or bar the right of
either Husband or Wife to an absolute divorce on legal and truthful grounds as
they now exist or may hereafter arise. This Agreement is not intended to condone
and shall not be deemed to be a condonation on the part of either party hereto of
any act or acts on the part of the other party which have occurred prior to or which
may occur subsequent to the date hereof. It is understood, however, that Wife will
pursue an action in divorce pursuant to Section 330l(c) of the Divorce Code of
Pennsylvania, on the grounds that the marriage is irretrievably broken, and that
both parties agree to execute and file the appropriate affidavits of consent
necessary to complete said action in divorce on the basis of mutual consent.
15. SEVERABILITY. 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, and if any provision of this
Agreement is held to be invalid or unenforceable by a court of competent
jurisdiction, all other provisions shall nevertheless continue to be in full force and
effect.
16. BREACH OF AGREEMENT. In the event that either party breaches any
provision of this Agreement, he or she shall be responsible for any and all costs
incurred to enforce the Agreement, including but not limited to, court costs and
counsel fees of the other party. In the event of breach, the other party shall have
the right, at his or her election, to sue for damages for such breach or to seek such
other and additional remedies as may be available to him or her.
9
-"'""'ll' ~~~I_
T~I
I'-~
.~
""
. ".,
17 . LAW OF PENNSYLVANIA APPLICABLE. Both parties covenant and agree
that they have had ample and sufficient time to carefully and fully review the
terms and provisions of this Agreement and to seek and obtain the advice and
counsel of an attorney with respect to the same. Wife has engaged the services of
G. Patrick O'Connor, Esquire, and Husband has engaged the services of Lawrence
1. Rosen, Esquire, of the law firm of Krevsky & Rosen, P.C., and each party has
carefully reviewed the terms and conditions of this Agreement with his or her
respective counsel. Both parties covenant and agree that they fully understand the
facts upon which this Agreement is premised and based, that they believe this
Agreement to be fair and equitable, that said Agreement is being entered into
freely and voluntarily by each of them, and that the execution ofthis Agreement is
not the result of any duress or undue influence and that it is not the result of any
collusion or improper or illegal agreement or agreements.
18. INTEGRATION. This Agreement constitutes the entire understanding between
the parties and supersedes any and all prior agreements and negotiations between
them. Both parties further agree that there are no covenants, conditions,
representations or agreements, oral or written, of any nature whatsoever, other
than those contained herein.
19. AGREEMENT BINDING UPON HEIRS. This Agreement shall be binding
upon the parties hereto and their respective heirs, executors, administrators and
asstgns.
10
''-'{~~ '~I
I I'
,.
'.
" .
'.'
, .
IN WITNESS WHEREOF, the parties hereto, intending to be legally bound
hereby, have hereunto set their hands and seals the day and year first above written.
WITNESSETH:
~J~o.Xn ~~(SEAL)
Richard w.~er
~ ~ -~~~hr ~SEAL)
/ ennifer . Wagner
11
"""l
I
II
'" .' '.,
" .
...t.
.
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTYOF~~~ )
On this, the .JItA day of 2002, before me, a Notary
Public in and for the state and count] resaiil, undersigned officer, personally
appeared RICHARD W. WAGNER, known to me (or satisfactorily proven) to be the
person described in the foregoing instrument, and acknowledged that he executed the
same for the purposes therein contained.
NOTARIAL SEAl
USA A. RICE, NOTARY PUBUC
CIN OF HARRISBURG, DAUPHIN COUNN
MY COMMISSION EXPIRES OCTOBER 10, 2006
IN WITNESS WHEREOF, I ""'"~ em ",",
Notary Public
(SEAL)
COMMONWEALTH OF PENNSYLVANIA)
: SS.
COUNTY OF CUMBERLAND )
On this, the 8 ~ day of 'S'1\..><.>A!l<-I , 200.,i before me, a Notary
Public in and for the state and county aforesaid, the \mdersigned officer, personally
appeared JENNIFER E. WAGNER, known to me (or satisfactorily proven) to be the
person described in the foregoing instrument, and acknowledged that she executed the
same for the purposes therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
NOTARIAL SEAL
WILLIAM L GRUBS, No48ty Public
Lower AIten Twp., CUmberland County
My Commission ExpirelI Aug. 13, 2005
\)JLR~J
. - \
Notary Public
(SEAL)
12
,
1,1
,,~
'..
. ,
!~'''_,<;i~,~
"
""""'~_"_" ~JJ1I, ,,~
:w -..",,-
.,0 ~,..,~"'
,~~~~- "~"'~,",'-_""i'~~~'d!.;' ~.., ~- ,
<,
~F~:
,
C_0} .
-<~ . .
r:>.....-
.----- ,
;~ ~
)> (~:=
"
C)
C~
-,
u'~'rw
r.
,-,'
1-1
-'1
~'-)
--rj
'2
,'j'
-:::'1
:-;.")
-<
~~IIlI..",""",~ <__~~'''':~'''_''''f'''''..i'f;'~,t~,\7i''i!it'f~rm~~~~~~l.~t
1 u4'Y
JENNlFERE. WAGNER
PLAINTIFF
V.
RICHARD W. WAGNER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
01-85 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW, this 9th day of January, 2001, upon consideration of the attached Complaint,
it is hereby directed that the parties and their respective counsel appear before Dawu S. Sunday, Esq. , the conciliatoT,
at 39 WestMaln Street, Meehauicsburl(, PA 17055 on the 7th day of Fcbrnary ,2001, at 3:00 p.m.
for a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be pTesent at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary Or permanent order.
FOR TIIE COURT,
By: /s/
Dawn S. Sunda Es
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the Americans
with Disabilites Act of 1990. For information about accessible facilities and reasonable accommodations
available to disabled individuals having business before the court, please contact our office. All arrangements
must be made at least 72 hours prior to any hearing or business befoTe the court. You must attend the
scheduled conference or hearing.
YOU SHOULD TAKE THIS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HA VB AN ATTORNEY OR CANNOT AFFORD ONE, GO TO OR TELEPHONE TIIE OFFICE SET
FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
I,;
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
Telephone (717) 249-3166
":'<'01!l 1-
,-,
'"
,
I
~,- - . '"
, -~,
~ '""
'...... f
~.-fPV ~ ~o/ ~ /(/-(7/,/
-~ ~ ~ ~Zt; ICJ'c7/-1
~I ~..<jZ ~ ~ --r9 Jr:;. c7/ ,/
\_:INVi\l^Si\l.N~rl 'v'\
If , I'"" ,. ''"1[,\1 '-.1
I 't \n('{: r:~~'<-,-, ,~.~.<.:. \1';\ f0
/\L \11 ,,, '..
" 1f:
, I .-Jj',.id O! ;"Ii j.
L I '0 t.,
J q\ij ':J;',~'.. I I i.'_ '"
1,\..1"" ..
,~'J
.
........... ~"'I!l...~o.~o .
~~~ll~?WlfI"r'-'
"""..","~_,_~, ., ~'''''''''~__~I!lll~~iW'~~P-1'''''frt'!';;'''''''",'-=iT'''''''''='_',~:c,I''~':i'''~~,~?mIW~-iffi'iji .
"'''''-''-~'H'"'O_'''-'_,"o'''-'_S """""'."_> c.",r..'i'
,-~,~--,,,,,,,~-<,.-,,~ ".. ... . I .. _ I!III
, ,
JENNIFER E. WAGNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01- rfS
du~L 't~
RICHARDW. WAGNER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this day of ,2001 in consideration of the
attached petition, it is hereby directed that the parties and their respective counsel appear before
the conciliator, at
, on the day of
2001, at 0' clock _.m. for a pre-hearing custody conference. At such conference, an effort
will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the
issues to be heard by the Court and to enter into a temporary order. Failure to appear at this
conference may provide grounds for entry of a temporary or permanent order.
By the Court:
Custody Conciliator
YOU SHOULD TAKE TIDS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VEALA WYERORCANNOT 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
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
~ NO. ol-/S" &J /~
JENNIFER E. WAGNER,
Plaintiff
RICHARD W. WAGNER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
NOTICE TO DEFEND AND CLAIM RIGHTS
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth
in the following pages, you must take prompt action. You are warned that if you fuil 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 ofthe marriage, you
may request that the court require you and your spouse to attend marriage counseling prior to a
divorce decree being handed down by the Court. A list of marriage counselors is available in the
Office of the Prothonotary at the Cumberland County Courthouse, Carlisle. You are advised that this
list is kept as a convenience to you and you are not bound to choose a counselor 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 DIVORCE OR ANNULMENT IS GRANTED,
YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM.
YOU SHOULD TAKE TillS PAPER TO YOUR LA WYERAT ONCE. IF YOU DO NOT
HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
'},f/'l 'T
1'1'
v.
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V AN1A
~ NO. 0/- S's (!.;vJ I~
JENNIFERE. WAGNER.
Plaintiff
RICHARD W. WAGNER.
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
COMPLAINT IN DIVORCE
AND NOW comes the Plaintiff, JENNIFER E. WAGNER. by and through her counsel,
Kollas and Kennedy, and respectfully represents as follows in support of the within Complaint:
1. Plaintiff is Jennifer E. Wagner, an adult individual currently residing at 1908 Princeton
Avenue, Camp Hill, Pennsylvania, 17011. Plaintiff's Social Security Number is 176-54-0966.
2. Defendant is Richard W. Wagner, an adult individual currently residing at 1908
Princeton Avenue, Camp Hill, Pennsylvania, 17011. Defendant's Social Security Number is 160-
60-9226.
3. Plaintiff and Defendant have been bona fide residents in the Connnonwealth of
Pennsylvania for at least six (6) months immediately previous to the filing of this Complaint.
4. Plaintiffand Defendant were married on November 14, 1992, in New Cumberland,
Pennsylvania.
5. There have been no prior actions of divorce or for annuhnent between the parties.
6. 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.
7. Plaintiff and Defendant are both citizens of the United States.
--4~" '!
I-I.'
"
COUNT I - DIVORCE PURSUANT TO &3301(c) OR (d)
OF THE DIVORCE CODE
8. Paragraphs I through 7 of this Complaint are incorporated herein by reference as though
set forth in full.
9. The marriage of the parties is irretrievably broken.
COUNT n
REOUEST FOR EOUlTABLE DISTRIBUTION
PURSUANT TO SECTION 3502 OF THE DIVORCE CODE
10. Paragraphs I through 9 are incorporated herein by reference as though set forth
in full below.
II. The parties are owners of marital property subject to equitable distribution.
12. Plaintiff requests this Honorable Court to equitably divide, distribute or assign marital
property between the parties and to assign the marital debts ofthe parties without regard to
marital misconduct in such proportions as the Court deems just after consideration of all relevant
factors.
COUNT m - CUSTODY
13. Paragraphs I through 12 of this Complaint are incorporated herein by reference as
though set forth in full.
2
"
14. Two minor children have been born to the marriage between Plaintiff and Defendant:
(a) A daughter, Sydney Nicole Wagner, was born on November 18,1994.
(b) A son, Zackery Ross Wagner, was born on September 11, 1997.
15. The children are presently in the custody of both Plaintiff and Defendant.
16. In the past five years, Sydney Nicole Wagner and Zackery Ross Wagner have resided
with the following persons and at the following addresses;
Jennifer E. Wagner and
Richard W. Wagner
1908 Princeton Avenue
Camp Hill, Pennsylvania 17011
17. Plaintiff is aware of no pending custody proceeding concerning the children in a court
ofthis Commonwealth.
18. Plaintiff seeks primary physical and shared legal custody with partial physical custody
of the children, Sydney Nicole Wagner and Zackery Ross Wagner, to the Defendant.
19. The best interests and permanent we1fure ofthe children will be served by granting the
relief requested because:
( a) Plaintiff is the primary care giver to the children.
(b) Plaintiff is more likely to fucilitate a relationship between the other parent
and the children.
(c) Plaintiff can best provide a nurturing, stable, and loving environment for
the children.
20. While no custody agreement has been reached as of the date ofthe filing of this
Complaint, Plaintiff is willing to negotiate a fuir and reasonable agreement of all matters with
3
""'"","
I'
f ~ I
II
Defendant and is hopeful that Derendant may also be willing to enter into a custody agreement.
21. To the extent that a written custody agreement might be entered into between the
parties, Plaintiff desires that such written custody agreement be approved by the Court and
incorporated in any divorce decree which may be entered.
COUNT IV
REOUEST FOR APPROVAL OF ANY SETTLEMENT AGREEMENT
AND INCORPORATION THEREOF IN DIVORCE DECREE
22. Paragraphs 1 through 21 of this Complaint are incorporated herein by reference as
though set forth in full.
23. The public policy of the Commonweahh of Pennsylvania encourages parties to a
marital dispute to negotiate a settlement of their differences.
24. While no settlement has been reached as of the date ofthe filing of this Complaint,
Plaintiff is willing to negotiate a fair and reasonable settlement of all matters with Defendant and
is hopeful that Derendant may also be willing to enter into a marital settlement agreement.
25. To the extent that a written settlement agreement might be entered into between the
parties, Plaintiff desires that such written agreement be approved by the Court and incorporated in
any divorce decree which may be entered dissolving the marriage between the parties.
4
"~,.",- r, "~ '<. <<, -'_'
"-I'-I, .
I
, .
COUNT V
ALIMONY. ALIMONY PENDENTE UTE.
COUNSEL FEES AND COSTS
26. Paragraphs 1 through 25 are incorporated herein by reference as though set forth in
full below.
27. Plaintiff lacks sufficient property to provide for her reasonable means and is unable to
support herself through appropriate employment.
28. Plaintiff requires reasonable support to adequately maintain herself in accordance with
the standard of living established during the marriage.
29. Defendant eams in excess of Plaintiff and has assets which have not yet been
ascertained.
30. Plaintiff has employed counsel, but is unable to pay the necessary and reasonable
attorney's fees for said counsel.
31. Plaintiff is unable to sustain herself during the course of this litigation.
WHEREFORE, the Plaintiff prays that Judgment and Decree be entered as follows:
(a) As to Count I, that a decree be entered divorcing Plaintiff from the bonds
of matrimony with the Defendant pursuant to 23 Pa.C.S. Section 3301 (c)
or (d); and
5
!''''......~
I~'I
~, I'll
~ ,
,
(b) As to Count II, that an Order be entered equitably distributing property of
the marriage; and
(c) As to Count III, ifa written custody agreement is reached between the
parties prior to the time of hearing, Plaintiff respectfully requests that this
Honorable Court approve and incorporate but not merge any agreement
into the decree in divorce; and
(d) As to Count IV, that any settlement agreement reached between the parties
be incorporated but not merged into the decree in divorce.
(e) As to Count V, that your Honorable Court enter an award of Alimony
Pendente Lite, interim counsel fees and costs fullowed by a hearing and
final award of Alimony, cost and fees as deemed appropriate.
RESPECTFULLY SUBMITTED,
~Wre~
KaLLAS AND KENNEDY
I.D. No. 69246
II 04 Femwood Avenue, Suite 104
Camp Hill, Pennsylvania 170 II
Telephone: (717) 731-1600
ATTORNEY FOR PLAINTIFF
DATE:~1J:)Ol
6
L_~_ ,_
1'1'
.,.,.m
- )
.
JENNIFER E. WAGNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO.
RICHARD W. WAGNER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
VERIFICATION
I, JENNIFER E. WAGNER, verifY that the statements made in the foregoing
COMPLAINT are true and correct to the best of my knowledge, infonnation and belief. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. 4904,
relating to unsworn falsification to authorities.
BY:~~~ ~^ W~
Jennifer . Wagner
DATE: tl3\O\
..
.
"
JENNIFER E. WAGNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
v.
NO. 01-85 CIVIL TERM
RICHARD W. WAGNER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PROOF OF SERVICE
j
. Complete items 1, 2, and 3. Also com~l!.ie
item 4 ~ Restricted Delivery is desired. .
. Print your name and address on the reverse
SO that we can return the card to you.
. Attach this card to the back of the mail piece,
or on the front if space permits.
1. Article Addressed to:
me tlChU'd W. W(lQrN
l'tOe 'Pnru..-tcY\ (luffiUL
~ UUlj PI'\- nD\ \
o Agent
o Addressee
. Is delivery address dlffe item 1? 0 Yes
If YES, enter delive dress Qelow: 0 No
3. Service Type
)S.c:ertified Mail 0 Express Mail
o Registered ~eturn Receipt for Merchandise
o Insured Mail 0 C.O.D.
4. Restricted Delivery? (Extra Fee)
2. Article Number (Copy from service ~ t!::J (),
~Dqq ~ )0: MilIG ~: 07~ei \: i '.
PS Form 3811 , July t999' 'Domestic Return Receipt
~es
10259S-00-M..()g52
BY:
Mary
KOL S AND KENNEDY
1104 Fernwood Avenue
Suite 102
CampHill,PA 17011
(717) 731-1600
Attorney for Plaintiff
DATE: I )<t> It> \
'.~~
- "',,~ -
~I "I -
,"'I' ,['
~~
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
PENNSYLVANIA
JENNIFER E. WAGNER,
Plaintiff
NO. 01-85
vs.
CIVIL ACTION - LAW
RICHARD W WAGNER,
Defendant
IN DIVORCE
AFFIDAVIT OF CONSENT
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 4,2001, and service made on the Defendant on January, 10,2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days
have elapsed from the date offiling 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 understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses ifI do not claim them before a divorce is granted.
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. Section 4904
relating to unsworn falsification to authorities.
DATE --$:Lis-
~t, ~ \J)O~Q~
J . 'fer E. agner, Plaintiff
..
r'
,'I~"I ~
,
"
""
~ ~~
.~~ ,<" ,-,.'
~ .
, ~--
'"
'- --''"',''",,',,-~,
JL
-A "";''=t''''"'''"'''""-~-&t''^ .;,..,\t-;
Q
~,
;:RP"-
Zj::
~~~~-
~;~~
~~~
~,"t
rq
,.,-'
IT....)
:~.':o';'
CJ
~
,---.---,..,.'!Il!;miIl!~~~IIll~t$!<'<'W*;'f'''1\''''''j,,,,_,,~-:,,~,,-.,.,,,,;,,,,,,,,,,,,_"''''''''~l'-'f;;~~'l>'~''iti-:,!r.;,"!!JI~~''1WmiJl!!llIf?'!'1_~
"'''''", "'. .....~:
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,
. PENNSYLVANIA
JENNIFER E. WAGNER,
Plaintiff
NO. 01-85
vs.
CIVIL ACTION - LAW
RICHARD W. WAGNER,
Defendant
IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER SECTION 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! do not claim them before a divorce 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 filed with the
Prothonotary.
I verifY that the statements made in the foregoing are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE:~
J;r~~ <[ lA)~MA
J . fer E. agner, Plainti
. .
1-,1
-I'
-
""-
ta
,
u~1I!lIIIII
.~, .,~. ~< . .,.,-"
,.,
"",,"~~,][l!J!!?~~ r~IlI"1~~!*''''~-'. .,"'" .,.
-- .-,- .
"--,.
vl-'"-,'",,,,(..
,."",-" ~"~,,,.. " ,.~-y ,':''', ,"H'~' .,'~,,-< ,,:>~,',,-" .,~, -"r"oo- [ ',., """"'~irr'I~II)-;,:~~~,;""''':':;''-(-I1li: i
o
c-
"'J~::
J"", '--~'
'i~~:i.
s~~~-
1-"- ~-
~~,
'?'
~
-<
c:'
(.,)
'0'''1
'1"1
:::7
'.',)
Q
::::)
j:J
~
"" ,~ ..,.~IIilMlll~"1!IP!il~1",,'e1""'!-':>"''''\''''''''i_<::''1,'!','w'''.W>;f''-'"''"~'r-~1<~_~Jf'!"''W-;~:i~,'j;W~p.;.!lI!ilW;'li~~
~EB 2 8 20~
JENNIFER E. WAGNER, : IN THE ClJURT OF ClJMMON PLEAS OF
Plaintiff : CUMBERLAND ClJUNTY, PENNSYLVANIA
.
.
vs. . NO. 01-85 CIVIL TERM
.
:
: CIVIL ACTION - LAW
RICHARD W. WAGNER, :
Defendant . IN CUSTODY
.
OODER OF OOURT
AND NCW, this 2200 day of February, 2001, the Conciliator, at the
request of the Plaintiff's counsel and being advised that the parties to
this matter have not yet separated, hereby relinquishes jurisdiction in
this matter. The Custody Conciliation COnference scheduled for March 7,
2001 is canceled.
FOR THE ClJURT,
Da~Cf~~d~~*o
Custody Conciliator
r.r:I'Q. 'j'
1'1
'11,
,
.
,~ "'"
..
~~
~- ~
o.
.".~. ' .
."l"_ %-,-"'~W~~,~""!"'~~- -- =~~ ~
"'
~" 1>,,-
-, ,,~'". "
- " "~"",Io~'_~-" _~,,~, ",
,,",' ">C_', "',_'-'_" i;' ,-""-,,,,-,,-,- '",~~"'..' ""c__
--'-''j'^[r'hl''''
2~
~
~";J
C",
[.,;)
c.n
.;/If.--"'''_~WlljA'~''''',FW~'l1i:.,,w,-,,,-q,,,,,O~<h;"!?.'IJ'i!jHljlll>iWOffl"rm~!fIOfI!Ol'~1~U1ff;~I*l~.
"
.
JENNIFER E. WAGNER
PLAINTIFF
V.
RICHARD W. WAGNER
DEFENDANT
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYL VANIA
01-85 CIVIL ACTION LAW
IN CUSTODY
ORDER OF COURT
AND NOW,
Thnrsday, May 17, 2001
, upon consideration of the attached Complaint,
it is hereby directed that parties and their respective counsel appear before Dawn S. Sunday, Esq. , the conciliator,
at 39 West Main Street, Mechanicsbnrg, FA 17055 on Tnesday, June 12, 2001 at 1:00 p.m.
fOT a Pre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or
if this cannot be accomplished, to defme and narrow the issues to be heard by the court, and to enter into a temporary
order. All children age five or older may also be present at the conference. Failure to appear at the conference may
provide grounds for entry of a temporary or permanent order.
The court hereby directs the parties to furnish any and all existing Protection from Abnse orders,
Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing.
FOR THE COURT,
By: /sl
Dawn S. SundaJ!. Esq. tJ?
Custody Conciliator
The Court of Common Pleas of Cumberland County is required by law to comply with the
Americans with Disabilites Act of 1990. For information about accessible facilities and reasonable
accommodations available to disabled individuals having business before the Court, please contact our office.
All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must
attend the scheduled conference or hearing.
YOU SHOULD TAKE llilS PAPER TO YOUR ATTORNEY AT ONCE. IF YOU DO NOT
HAVE AN ATTORNEY 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, Pennsylvania 17013
Telephone (717) 249-3166
'-'.ffl!'_
"
. M~ ~ >"
~'" -. ~~-~,
,,,-, ,.,"
_ .<.~_, " _,_ , _ ,..' J
-~~, "0.','_' '-C'.- '~"';'>_':,,;;"_, '-'''-''~'F_V ;,'" -..o"",,,,,,,,-,,~,_""__, "'-'O;_",'.-.",,;^_~q_
.
r
~
_~l'II!II'!IIl;~__~IIllI""~-1f1lil<;l);~~,'~"''t't1>,..-",~~"".".",,,,.,;,;, "'~'_"r""~~_<f-~"",,-,~,,.,t"',",~~JR'f'l!r'ffl"""f~"il'WJ!-'Ft"F!Iflf>Ure;l;'fl:'W!lt",1
~ r ~ ~vI/ ~ It?j/-5
~d p,~ ~'J# ~i4 1;7'}/-7
~ ~ ~ ~ ~l -10/ /;7.p/~
., 1"1\"'" \
\hN\;!j\ 1f\'::)~~:\\2~:Mr\0
\" l-"";f^'.r; (-I\\,'r! \I,.L',':' ,1''1\ tv
^~J\;\ i\')",,' '.
~, '<"'1'"
SS : \ \L\ tl \ 1:,( \.)
I -~:.
JENNIFER E. WAGNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
; CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO. 01-85 CIVIL TERM
RICHARDW. WAGNER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
AND NOW, this day of ,2001 in consideration ofthe
attached petition, it is hereby directed that the parties and their respective counsel appear before
the conciliator, at
, on the day of
2001, at 0' clock _.m. for a pre-hearing custody conference. At such conference, an effort
will be made to resolve the issues in dispute; if this cannot be accomplished, to define and narrow the
issues to be heard by the Court and to enter into a temporary order. Failure to appear at this
conference may provide grounds for entry of a temporary or pennanent order.
By the Court:
Custody Conciliator
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HA VEALA WYERORCANNOT AFFORD ONE, GO TO OR TELEPHONE TIm OFFICE
SET FORm BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP.
Cumberland County Bar As~ociation
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
~7i'!1lI
". ~ .'-~
.
,~- 1"'"1
.,
JENNIFER E. WAGNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYL V ANlA
v.
: NO. 01-85 CIVIL TERM
RICHARD W. WAGNER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
PETITION TO REAPPOINT A MASTER
AND NOW comes the Plaintifi: Jennifer E. Wagner, by and through her counsel, Ko1las
and Kennedy, and respectfully represents as follows:
1. A Complaint was filed on January 4,2001. Attached to the Complaint was an order of
Court for a conciliation conference.
2. A conciliation conference was scheduled for February 7, 2001. At that the time, the
parties were still residing at the same residence. Therefore, the conference was continued until
March 7,2001.
3. The case was then returned to the Prothonotary's Office due to the fact that the parties
were still residing in the same household.
4. The parties will be living separate and apart on June 2, 2001. A conciliation
conference is appropriate at this time
<'"-~'"_r
-."" ,
I I ~
!c. T-'
.
WHEREFORE, Petitioner respectfully requests a conciliator be reappointed and a
conciliation be scheduled.
Mary Ko
J.D. No. 69
KOLLAS AND KENNEDY
1104 Femwood Avenue, Suite 104
Camp Hill, Pennsylvania 17011
Telephone: (717) 731-1600
ATTORNEY FOR PLAINTIFF
DATE:~
2
--"~,lI'llPj__1
, 1;-1
,
LAW OFFICES OF
KOLLAS AND KENNEDY
1104 FERNWOOD AVENUE
CAMP IllLL, PENNSYLVANIA 17011
WILLIAM C. KOLLAS
MARY KOLLAS KENNEDY
JAMES W. KOLLAS
TELEPHONE NO. (717) 731-1600
FAX NO. (717) 763-8442
May 3,2001
Mr. Curtis R. Long
Prothonotary
Cumberland County Courthouse
One Courthouse Square
Carlisle, PA 17013
RE: Wagnerv. Wagner
Docket No.: 01-85
Dear Mr. Long:
Enclosed please find an original and two (2) copies of a Petition to Reappoint a Master to
be filed in the above-referenced case. Ai&ig..has;llli:eo,wail!ed~ fEoma ctlll.1lersatkln
between your office and Karen in the Court Administrator's Ofliic~ Kindly, time-stamp the copy
and return it in the enclosed self-addressed, stamped envelope.
If you should have any questions, please do not hesitate to call.
Very truly yours,
MKK/car
Enclosures
~.. ._,~" '-"., -'-',-"."-- -",,",'" ,.,., <", ,1"1"."'" ~ ,__" "". -.
.
JENNIFER E. WAGNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-85 CIVIL TERM
RICHARDW. WAGNER,
Defendant
; CIVIL ACTION - LAW
: IN DIVORCE
ORDER OF COURT
c>"- day of
AND NOW, this .-
VII......
,2001 uponconsid~ationof
the attached temporary agreement of the parties, said agreement is h~eby made an Order of
Court.
BY THE COURT:
A4
1.
Lt:/
.,.
"r,
,- ,- -~' . - ~ "
. '.- -~I"' I -.
, 1.
~ ~
,
h
~ -, ,
~
<'"
'v'lNVA1A8NN3d
AlNnoo O~N18j8~nO
50:1] Hd 8- Nnf 10
1U\.J'C"Yi:;'""...
I'.OYJ. II "',): :.,,__,,~'L"., .J
3Jl:HO--u:Tl!.:1
,~.-",
- ~ """""'~
_..~ ~ .
M~
r" >
:,0
!!!!,~,-,
'~..,._ ,','~ >~", '<'~~~..__ ,.,~__ ".,,_, _'4_'-="~-
'.:ili'i~~,''''> ~~' > , -'HC'if
~_"I,p"~'lM""""";,j1_"J'"WU<"l;r~m!'LJi_~t.;l~~_fl
" ~,......~f",'!!ff%,
n,,'r'l'I~_c:_~!
JENNIFER E. WAGNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-85 CIVIL TERM
RICHARD W. WAGNER,
Defendant
: CIVIL ACTION - LAW
: IN DIVORCE
TEMPORARY CUSTODY AGREEMENT
tor
ANDNOWtbis~daYOf M~
,2001, come the parties Jennifer E.
Wagner, (hereinafter referred to as "Mother") and Richard W. Wagner (hereinafter referred to as
"Father.") Agree as follows:
WHEREAS, the parties were married on November 14, 1992.
WHEREAS, two children were born of the marriage, Sydney Nicole Wagner, date ofbirth
November 18,1994, and Zackery Ross Wagner date of birth September 11,1997; and
WHEREAS, the marriage of the parties is irretrievably broken; and
WHEREAS, the parties wish to enter into a temporary agreement for the custody of their
children; and
NOW THEREFORE, the parties provide for the custody of their minor children on the
following temporary schedule:
1. The parties shall share legal custody ofthe minor children, Sydney Nicole
Wagner and Zackery Ross Wagner.
2. The parties shall share physical custody of the children on the following
schedule:
':"'!TIJ
!'
'r""_'_'1
'-1'1
~'...
! ' '-, , ", '~-"" - - "
(a) Mother shall have custody of the children starting Sunday, June 3,
2001, at 6:00 p.rn. until the following Sunday at 6:00 p.rn. During
that week Father will have custody of the children from Wednesday
evening at 5:00 p.rn. until Thursday at 5:00 p.rn.
(b) In the following week, Father shall have custody of the children
from Sunday, JunelO, 2001, at 6:00 p.rn. until the following Sunday
at 6:00 p.rn. During that week Mother will have custody of the
children from Wednesday evening at 5:00 p.rn. until Thursday at
5:00 p.rn.
( c) The schedule shal1 alternate week to week as outlined above for the
duration of the summer.
(d) Each party shall be entitled to V<\Cation of one uninterrupted week
during the summer upon providing 14 days written notice to the
other party.
3. The parties agree that this arrangement is temporary and a custodial
arrangement from the start of the 2001-2002 school year forward has yet to be
agreed upon by the parties.
4. This agreement may be modified in writing signed by both of the parties.
5. The parties intend that this temporary agreement be entered as an Order of
Court.
2
'1'1
.,
~
~
! '
,
IN WITNESS WHEREOF, the parties set their hands on the date first recited above.
~~ t[. W~~A
Je' . er E. agner
~~
Lawrence J. Rosen, Esquire
3
-II
,
f
t
il
II
il
I
I
I
"
Ii
i:
Ii
II
i
;i
I'
,I
Ii
i')
1.1
:'i
i'
:j
H
i'l
II
'I
I
,
:-,
,
"
!,j
1
"
H
;'''.
!.-'
'fJl
~~
" ~,~,~
",e___'"'
<'_'~ ,^~,' C__,_j. -c'o
" H
~., ~~~.
'-"'1\"-'."''''''' '-''''-',"-""-,~,,,-~,~,.. '~" ~ , ,~."
1M'fPJf~~_..,." ~~ii'jJ'ffl~,"."rtbw!n"~~""'i,:(,_'H~'J.l$iIiJjl~~l!l~~.I'IMII~~lIiJl1
,a,:,",;'~
,
JENNIFER E. WAGNER,
plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
:
vs.
: NO. 01-85
CIVIL TERM
.
.
RICHARD W. WAGNER,
Defendant
: CIVIL ACTION - LAW
: IN CUSTODY
ORDER OF COORT
AND 1.'Di, this -z. oJ
upon consideration of the attached
ordered and directed as follows:
day of
CUstody
<1 ...k. , 2001,
Conciliation Report, it is
1. The Mother, Jennifer E. Wagner, and the Father, Richard W. Wagner,
shall have shared legal custody of Sydney Nicole Wagner, born November 18,
1994, and zackery Ross Wagner, born September 11, 1997. Each parent shall
have an equal right, to be exercised jointly with the other parent, to make
all major non-emergency decisions affecting the Children's general
well-being including, but not limited to, all decisions regarding their
health, education, and religion. Pursuant to the terms of this paragraph
each parent shall be entitled to all records and information pertaining to
the Children including, but not limited to, school and medical records and
information. To the extent one parent has possession of any such records
or information, that parent shall be required to share the same, or copies
thereof, with the other parent wi thin such reasonable time as to make the
records and information of reasonable use to the other parent.
2. The parties shall share having physical custody of the Children on
an alternating weekly basis, with the exchange of custody to take place
every Sunday at 6:00 p.m. The alternating weekly schedule shall begin with
the Mother having custody on June 17, 2001. Until the weekly period
beginning July 1, 2001, the noncustodial parent shall have custody of the
Children on Wednesday evening from after school or day care until the
following Il'Orning. Beginning in July, the noncustodial parent shall have
custody of the Children on Wednesday evening from after school or day care
through 8:00 p.m.
3. The parties agree that Sydney shall remain enrolled in the
Mechanicsburg School District for the entire 2001-2002 school year,
regardless of any change in the custody arrangments.
4. The parties shall share or alternate having custody of the
Children on holidays as follows:
A. CHRISTMAS: The Christmas holiday shall be divided into
Segment A, which shall run from Christmas Eve at 9:00 a.m., or
",~~
,
,
"'
~ 1~1
,
, '
.
after work if Christmas Eve is a work day, through Christmas
Day at 1:00 p.m., and Segment B, which shall run from
Christmas Day at 1:00 p.m. through December 26 at 8:00 p.m.
The Father shall have custody of the Children during segment A
in odd numbered years and during Segment B in even numbered
years. The Mother shall have custody of the Children during
segment A in even numbered years and during Segment B in odd
numbered years.
B. ALTERNATING IKlLIDAYS: The parties shall alternate having
custody of the Children on Easter, Memorial Day, Independence
Day, Labor Day, and Thanksgiving. The period of custody on
Easter shall run from the Saturday before Easter at 5:30 p.m.
through Easter Sunday at 8:00 p.m. The period of custody on
Memorial Day shall run from the Friday before Memorial Day at
5:30 p.m. through Memorial Day at 8:00 p.m. The Independence
Day custody period shall run from July 3 at 5:30 p.m. through
July 5 at 8:00 p.m. The Labor Day holiday shall run from the
Friday before Labor Day at 5:30 p.m. through Labor Day at 8:00
p.m. Finally, the period of custody over Thanksgiving shall
run from the Wednesday before Thanksgiving at 5:30 p.m.
through Thanksgiving Day at 8:00 p.m.
In odd numbered years, the Mother shall have custody of the
Children over Easter, Independence Day and Thanksgiving and
the Father shall have custody over Memorial Day and Labor Day.
In even numbered years, the Father shall have custody of the
Children over Easter, Independence Day and Thanksgiving and
the Mother shall have custody over Memorial Day and Labor Day.
C. MCf.rHER'S DAY/FATHER'S DAY: In every year, the Mother shall
have custody of the Children on Mother's Day and the Father
shall have custody in every year on Father's Day, with the
specific times to be arranged by agreement of the parties.
D. The holiday custody schedule shall supersede and take
precedence over the regular custody schedule.
5. The parties shall have periods of vacation custody with the
Children as arranged by mutual agreement.
6. Counsel for either party may contact the Conciliator at any time
prior to November 1, 2001 to schedule an additional Custody Conciliation
Conference if necessary to review the custody arrangements.
7. This order is entered pursuant to an agreement of the parties at a
custody Conciliation Conference. The parties rray rrodify the provisions of
"'l_!lIl
~
''''I~I
,
.
this order by mutual consent 0 In the absence of mutual consent, the terms
of this order shall control.
BY THE CXlURT,
~~.f.L
Joy
. *
cc:
Mary Kollas Kennedy, Esquire - Counsel for Mother
Lawrence J 0 Rosen, Esquire - Counsel for Father
, I
,..".
I I "
~,
-;"1.
.."""...~
-,~
n "
,~
v:r~\ii\lAS:~JN:1d
U.' I{v"rl 1-:''''''.1('''
I ;\i ,',__'-._ _: ':' ,:-, ~J
fjE :[1
! ~'oJ
II';:
~
,
"1fT ~ 0
:iC;
~ '~~""-"""'"
d!Iill'ImI_~'"U
, -' ~, ,-
M'.
'-"," 'r'
" ~
'-'~' ~ """
"~
,- ~, ~.~,-"" r~,.
y
..
lIMIIWlI!~_~l!l'ji'f""'~f","'f""",,"~'""~4"'-':"'''''~)-~~~~fl11',~!lem'lH~Ji!lWII~~~~.
,
JENNIFER E. WAGNER, : IN THE COURT OF COMMON PLEAS OF
Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA
:
vs. : NO. 01-85 CIVIL TERM
:
RICHARD W. WAGNER, : CIVIL ACTION - LAW
Defendant : IN CUSTODY
PRICR JUDGE: Kevin A. Hess
CUS'.I.'CDY CXl!iICILIATICN SUMMARY REl'CRT
IN A<XXlIDANCE WITH CUMBERLAND c:xxJN'fi' RULE OF CIVIL PROCEDURE
1915.3-8, the undersigned CUstody Conciliator submits the following report:
1. The pertinent information concerning the Children who are the
subjects of this litigation is as follows:
NAME
DATE OF BIRTH
CURRENTLY IN CUS'.I.'CDY OF
Sydney Nicole Wagner
zackery Ross wagner
November 18, 1994
September 11, 1997
Mother/Father
Mother/Father
2. A Conciliation Conference was held on June 20, 2001, with the
following individuals in attendance: The Mother, JeMifer E. Wagner, with
her counsel, Mary Kollas KeMedy, Esquire, and the Father, Richard W.
wagner, with his counsel, Lawrence J. Rosen, Esquire.
3. 1he parties agreed to entry of an Order in the form as attached.
~.I/l1()
Date -
~ I ,.:)..OcJ(
.
DaGnq~~lo-r
CUstody Conciliator
"~~"'>r
. - ~". I
. <
JENNIFER E. WAGNER,
Plaintiff
: IN THE COURT OF COMMON PLEAS OF
: CUMBERLAND COUNTY, PENNSYLVANIA
v.
: NO. 01-85 Civil Term
RICHARD W WAGNER,
Defendant
CIVIL ACTION - LAW
IN DIVORCE
PRAECIPE FOR WITHDRAWAL OF APPEARANCE
To: The Prothonotary of the Court of Common Pleas
of Cumberland County, Pennsylvania
Please withdraw my appearance in the above-captioned matter. Thank you for
your consideration.
ennedy, Esquire,
KOLLAS KENNEDY
1104 Fernwood Avenue
Suite 102
Camp Hill, PA 17011
(717) 731-1600
Dated: {g 7)2..
PRAECIPE FOR ENTRY OF APPEARANCE
To: The Prothonotary of the Court of Common Pleas
of Cumberland County, Pennsylvania
Please enter my appearance in the above-captioned matter. Thank you for your
consideration. ~ ~
<>G. Patrick O'Connor, Esquire
Attorney for the Plaintiff
3105 Old Gettysburg Rd.
Camp Hill, PA 17011
717-737-7760
'IIi' ~:v
I
Dated:
"lil'!!!,_
'I-I"
~~ ""
~
--:'1'1
-
.-,- '"' -'"
,,"
""',
~ ~ ~,~~HI~fj\1I"!<I'l!ll!;c''''''''~,w~~_1ilIMI1!IIN
mr"
.-~, --''- ',,~~
-'''.~0.1<'' '_,~ '_""'~__~
,-,'.,'_.:;0:-:;","
e,"""'__' ,.. ~, .';, .",,--," _ , '-c"
0 C) C)
C .'0 -n
g S;: ._~
""Ow ~ ~}~:n
mrr
Z:r .~ r
7r; u::o -~~
~::z;
!<C; -0
)>r, Z ;-~):p
2t":) '?' ()
'5m
)>'C -'-l
Z, .~
:0
=< .l'" -< ~
,.I.1J1iJR!1"". - ,..,.f.fllffl"'"'W-"''" -",-,"--" - ",'2_',"' '-".''fl!~'","'f''I""'~I\'W'lif/,!''l'f:li;''!''I''''C'i~jf-1)':'!!'''t-\t'"II'i''r.lil'1~~~!!IJl\j!l!
JENNIFER E. WAGNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-85
RICHARD W. WAGNER,
Defendant
CIVIL ACTION - IN DIVORCE
WAIVER OF NOTICE OF INTENTION TO REQUEST
ENTRY OF A DIVORCE DECREE UNDER
SECTION 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! do not claim them before a divorce 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 filed with the
Prothonotary.
I verity that the statements made in the foregoing are true and correct. I
understand that false statements herein are made subject to the penalties of 18 Pa. C.S.
Section 4904, relating to unsworn falsification to authorities.
DATE:
2-/1'0/03
,
3<1~~
,,~
~ .....,~ ~
.
~
"lI!lI
~lIIIlIIJllI
..
~, ,""
.~' "-" "''''
,.~,
, ,,_c.'_ .- ~ .-, "-, '~.~ -~, ". .'>~~'" .-"'=" -~ ''''~-'-''~'~'.~=-;~~ ..,,,,.._ ,," ,3-,'.1 'io-
o
c
<'"
~jf~
--- .-.
Zr
(:) ::
-",- --.
!::c-
.;:-
~~
~
-<
C:'1
(.0
o
-~n
~1
(1'1
UY
;'-..,)
C)
co
". '\
_--= S2
:. )'"
;.,~
~
c.-
~s
Id
.jl\ 1!!l}!lE _~~~~~"_I!I\mIlJ'!Il~~~<I'W~"'c"",,,)"n'''''''<:''-J1~!''''-OF--'-'- --""^-\"""-C!~'ffi<;''*'i~i1ir!,~''']'~'f)1!!'i~)'D\O!!~ii'l'-H~~~~
JENNIFER E. WAGNER,
Plaintiff
IN THE COURT OF COMMON PLEAS OF
CUMBERLAND COUNTY, PENNSYLVANIA
v.
NO. 01-85
RICHARD W. WAGNER,
Defendant
CIVIL ACTION - IN DIVORCE
AFFIDAVIT OF CONSENT UNDER SECTION 3301(C)
OF THE DIVORCE CODE
1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on
January 4.2001.
2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety days
have elapsed from the date of 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 understand that I may lose rights concerning alimony, division of property, lawyer's
fees or expenses if! do not claim them before a divorce is granted.
I veritY that the statements made jn this affidavit are true and correct. I understand
that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
DATE:
2-/U/03
.
~ "
.//~U'#/A
RICHARD w. WAGNE
'"1'11'111'I..,.
~
I-I
:",
1lffl'!iJ"!l!'~~ "~-lH.--,.<
~~ ,
~~
-~;-!$\!lIl~~-,"
-". c.,"'~, >"J. ,? -"'^ __~, ,~' ,.'.~
(")
-o~~
9~~-:".
z.
~D.'
~i? ;
::;-'....
~
~> C)
--I:.
~
. - "' ., ,"~' __"M~"_,' ,"c ", 'ri
o
"I;
''q
1-:"1
-',(;
;'''':}
'::-_,
:0
-<
<_..~nmMiiW'!!1lfll'~'!l""':*":"'"''>>''''_W''''1:'.<.~,~"~",,r.,f-~~l'",'''-_-'''''-';:fil~-,,,;;~,"'~j"~''''''''''~'''!.'~''''';',!,;i-'''l'1c'''''"':''''H;'''''''1''~j"""'fif'91!:m""I;f'If:~~-m