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HomeMy WebLinkAbout01-04395 IN THE COURT OF COMMON PLEAS LISA BANKERT OF CUMBERLAND COUNTY STATE OF PENNA. .~ - ~ F, . ~^- - ,- Plaintiff VERSUS SCOTT A. BANKERT Defendant nj O_ 01-4395 CIVIL TERM DECREE IN e DIVORCE AND NOW, Gfl9lstt ~ ~ 2D02 IT IS ORDERED AND DECREED THAT Lisa Bankert AND Scott A. Bankert ARE DIVORCED FROM THE BONDS OF MATRIMONY. PLAINTIFF, DEFENDANT, THE COURT RETAINS JURISDICTION OF THE FOLLOWING CLAIMS WHICH HAVE BEEN RAISED OF RECORD IN THIS ACTION FOR WHIGH A FINAL ORDER HAS NOT YET BEEN ENTERED; that the terms, provisions and conditions of a certain Separation and Property Settlement Agreement between the parties dated September 27, 2002, are hereby j_n nnrn nv ~YOrl { n th i Po 1..~ efo F..l 1 . e-1... ..1. +i..~ -- - ...t forth herein at length. Said Agreement shall not merge with, but shall survive this -Decree. gy THE COURT: :' ATTE ~ ,J, PROTHONOTARY SEPARATION AND PROPERTY SETTLEMENT AGREEMENT THIS AGREEMENT, made this .~ ~ day of S '~ , 2002, by and between Lisa R. Bankert, hereinafter referred to as "Wife", and Scott A. Bankert, hereinafter referred to as "Husband". WITNESSETH: WHEREAS, Husband and Wife were lawfully married on October 28, 1989; and WHEREAS, one child was born of this marriage; and WHEREAS, certain differences have arisen between the parties as a result of which they separated in April 14, 2001 and now live separate and apart from one another, and are desirous, therefore, of entering into an Agreement which will distribute their marital property in a manner which is considered to be an equitable division of all joint property, and will provide for the mutual responsibilities and rights growing out of the marriage relationship; and WHEREAS, there has been a complete disclosure of the earnings and property of each party, and each understands his/her rights under the Divorce Code of the Commonwealth of Pennsylvania; and WHEREAS, the parties hereto, after being properly advised by their respective counsel, Husband by his attorney, Thomas D. Gould and Wife by her attorney, John W. Purcell, Jr. have come to the agreement, which follows: NOW, THEREFORE, in consideration of the above recitals and the following covenants and promises mutually made and mutually to be kept, the parties heretofore, intending to be legally bound, covenant, promise and agree as follows: Separation and Property Settlement Agreement Page 2 1. Separation. It shaIl be lawful for each party at all times hereafter to live separate and apart from the other party at such place that he or she may from time to time choose or deem fit. The foregoing provision shall not be taken as an admission on the part of either party of the lawfulness of the causes leading to their living apart. 2. Interference. E ach party shall be free from interference, authority and contact by the other, as fully as if he or she were single and unmarried, except as maybe necessary to cony out the provisions of this Agreement. Neither party shall molest the other nor attempt to endeavor to molest the 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, sepazate and apart from the other. 3. Wife's Debts. Wife represents and warrants to Husband that since the separation 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 or demands made against him by reason of debts or obligations incurred by her. 4. Husband's Debts. Husband represents and warrants to Wife that since the separation he has not and in the future he will not contract or incur any debt or liability for which Wife or her estate might be responsible and shall indemnify and save Wife harmless from any and all claims or demands made against her by reason of debts or obligations incurred by him. 5. Outstanding Joint Debts. The parties acknowledge and agree that they have no outstanding debts and obligations incurred prior to the signing of this Agreement, except as follows: The following debts shall be the sole responsibility and obligation of Husband (A) Nissan vehicle loan (B) SVFCU personal loan (C) MBNA Credit Cazd (D) provident Bank Credit Card - In addition, Husband shall take all necessary steps to remove Wife from any obligation or liability on account of this Credit Card. (E) Citifinancial loan Sepazation and Property Settlement Agreement Page 3 (F) HRS, USA The following debts shall be the sole responsibility and obligation of Wife (A) Pontiac vehicle loan (B) PNC signature loan (C) Bankcard Credit Card (D) First USA Credit Card (E) First Mortgage payment Both parties agree that they will assume full responsibility and ultimate satisfaction of the debts listed under their names above, and agree to indemnify, defend and hold each other harmless from any claim or demand made against the other party by reason of such debt assigned to him or her. In the event that either party contracted or incurred any debts since the date of separation, the party who incurred said debt shall be responsible for the payment thereof, regazdless of the name in which the account may have been chazged, and such party shall indemnify, defend and hold the other party harmless from any claim or demand made against that party by reason of such debt. 6. Equitable Distribution of Marital Property. The parties have attempted to distribute their marital property in a manner which conforms to the criteria set forth in §3501 et. seq. of the Pennsylvania Divorce Code and taking into account the following considerations: the length of marriage; the fact that it is the first marriage for Husband and Wife; the age, health, station, amount and sources of income, vocational skills, employability, estate, liabilities and needs of each of the parties; the contribution of each party to the education, training or increased earning power of the other party; the opportunity of each party for future acquisitions of capital assets and income; the sources of income of both parties, including but not limited to medical, retirement, insurance or other benefits; the contribution or dissipation of each party in the acquisition, preservation, depreciation or appreciation of the marital property, including the contribution of each spouse as a homemaker; the value of the property set apart to each party; the standard of living of the Separation and Property Settlement Agreement Page 4 parties established during the marriage; and the economic circumstances of each party at the time the division of property is to become effective. The division of existing marital property is not intended by the parties to constitute in any way a sale or exchange of assets, and the division of same being effected without the introduction of outside funds or other property not constituting marital property. The division of property under this Agreement shall be in full satisfaction of all marital rights of the parties. A. Distribution of Personal Property. The parties hereto mutually agree that they have effected a satisfactory division of the furniture, household furnishings, appliances, and other household personal property between them, and they mutually agree that each party shall from and after the date hereof be the sole and separate owner of all such tangible personal property presently in his or her possession and this Agreement shall have the effect of an assignment or bill of sale from each party to the other for such property as may be in the individual possession of each of the parties hereto. The parties hereto have divided between themselves, to their mutual satisfaction, all items of tangible and intangible marital property. Neither party shall make any claim to any such items of marital property, or of the separate personal property of either party, which are now in the possession and/or under the control of the other. Should it become necessary, the parties each agree to sign, upon request, any titles or documents necessary to give effect to this paragraph. Property shall be deemed to be in the possession or under the control of either party if, in the case of tangible personal property, the item is physically in the possession or control of the party at the time of the signing of this Agreement and, in the case of intangible personal property, if any physical or written evidence of ownership, such as passbook, checkbook, policy or certificate of insurance or other similar writing is in the possession or control of the party. Husband and Wife shall each be deemed to be in the possession and control of their own individual pension or other employee benefit plans or retirement benefits of any nature to which either party may have a vested or contingent right or interest at the time of the signing of this Agreement, and neither will make any claim against the other for any interest in such benefits, except as stated herein. Separation and Property Settlement Agreement Page 5 From and after the date of the signing of this Agreement, both parties shall have complete freedom of disposition as to their separate property and any property which is in their possession or control, pursuant to this Agreement, and may mortgage, sell, grant, convey, or otherwise encumber or dispose of suchproperty, whetherreal orpersonal, whether such property was acquired before, during or after marriage, and neither Husband nor Wife need join in, consent to, or aclmowledge any deed, mortgage, or other instnunent of the other pertaining to such disposition of property. B. Distribution of Real Estate. Husband has transferred to Wife prior to the execution of this Agreement, all of his interest in and title to their jointly owned real estate at 207 East Portland Street, Mechanicsburg, Cumberland County, Pennsylvania 17055, in exchange for which Wife refinanced all of the mortgage obligations, and shall be responsible as well as for the payment of all current and future taxes, insurance, maintenance and utility bills relative to said real estate. Wife covenants and agrees to pay and discharge said obligations on said premises, and agrees to indemnify Husband from any loss by reason of her default in the payment thereof, and agrees to save Husband harmless from any future liability with regazd thereto. 7. Vehicles. Notwithstanding Pazagraph 6 of this Agreement, Husband shall retain possession and ownership of the 2000 Nissan Pathfinder presently in his possession. Wife hereby transfers ,all of her right, title and interest in said vehicle to Husband. Inconsideration thereof, Husband shallassume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and bold Wife harmless for the'same. Wife hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Husband for any costs, including actual counsel fees, incurred by Husband to enforce this provision. Notwithstanding Pazagraph 6 of this Agreement, Wife shall retain possession and ownership of the 1999 Pontiac Grand Prix presently in her possession. Husband hereby transfers all of his right, title and interest in said vehicle to Wife. Irl consideration thereof, Wife shall assume full responsibility for payment and eventual satisfaction of any and all liens presently encumbering the vehicle, and to indemnify, defend and hold Husband harmless for Sepazation and Property Settlement Agreement Page 6 the same. Husband hereby agrees to sign any title or other documents necessary to transfer ownership of said vehicle at any time, upon demand, and further shall indemnify Wife for any costs, including actual counsel fees, incurred by Wife to enforce this provision. 8. Alimony. Husband shall pay to Wife, as alimony for her reasonable support and maintenance, the sum of $750.00 per month, for a period of 48 months commencing on November 1, 2002 and ending on October 30, 2006. Husband shall make such payments on or before the first day of each month and continue them, without reduction, offset, or reservation for the entire 48 month period. The parties understand that such alimony shall be deductible by Husband and shall be deemed income to Wife under the U. S. Internal Revenue Code. Husband's obligationto pay alimony hereunder shall terminate upon the death or remarriage of Wife, or upon her staying with a male not her spouse for a continuous period of fourteen days or twenty days out of thirty iri any given month. By "staying with" the parties intend this to be interpreted to mean two persons of the opposite sex residing together in the manner of husband and wife, mutually assuming those rights and duties usually attendant upon the marriage relationship but shall not include travel trips with a member of the opposite sex. The period for payment of alimony hereunder shall not be extended beyond such 48 month period, and the amount of alimony due hereunder shall not be changed or modified in any way by either of the parties hereto, or by any subsequent change in circumstances. 9. Custody. Legal custody of the parties' minor child shall be shared by the parties, with Wife having primary physical custody subject to Husband having partial custody in accordance with the following schedule: A. Alternate Weekends from Saturday at 4:00 PM through Sunday 5:30 PM. B. Alternate Thursdays following the weekend from 4:30 PM through 7:30 PM. C. Alternate Tuesdays prior to the weekend from 4:30 PM through 7:30 PM. D. Week times shall be extended through 8:00 PM during summer school vacation. E. Holidays, Christmas and summer as the parties may mutually arrange. 10. Support. Husband shall payto Wife for the maintenance, education and support of their minor child the sum of $1,200.00 per month. The parties understand that the support payment is based upon the circumstances now known to the parties, and they acknowledge Sepazation and Property Settlement Agreement Page 7 that, as those circumstances change, one party's ability to pay and the other party's need for payment may also change. Consequently, this Agreement shall not baz either party from adjusting the term or amount of support due hereunder, either by negotiation with the other party, or, if necessary, by resort to a court of proper jurisdiction. In the event an order of support is entered by a court of appropriate jurisdiction, which makes adequate provision for the support of the person or persons covered by this paragraph, this Agreement shall not have any continuing independent effect, but shall be deemed to have merged into, and been replaced entirely by, the obligation to pay support pursuant to said court order. 11. Medical Bills. In addition to the cash support payments provided for herein, Husband shall pay and be responsible for his proportional shaze of all medical, dental, vision, and orthodontic expenses incurred by or for their minor child to the extent that such expenses are not paid by insurance coverage on or for such child. Husband's "proportional share" shall be in direct relation to his income, as compared to that of Wife herein, at the time of such expenses. In the event one party fails or refuses to pay, the other party may pay the bill in full or part and commence legal proceedings against the non-paying party under the breach provision of Paragraph 18 hereof. 12. Education. Husband and Wife mutually represent that their child may wish and desire formal education beyond normal high school completion. Both parties hereto shall contribute, in proportion to their financial ability to do so at the time of such formal education, and taking into consideration the child's own income, assets, and college financial aid, to the direct costs of such education, including but not limited to tuition, room and boazd, other living expenses, transportation, and books of the child. The term "formal education" shall mean college (four years of undergraduate study), or other legitimate and reasonable formal vocational or other education following high school. Husband shall, however, have the right to make payment directly to the college or other educational institution and need not make such payments to or through Wife. 13. Divorce. A Complaint in Divorce has been filed to No. 01-4395 in the Court of Common Pleas of Cumberland County, Pennsylvania, and either party shall be free to proceed without further delay to secure the divorce. Both parties shall sign an Affidavit evidencing their consent to the divorce, pursuant to §3301(c) of the Divorce Code. In the event, for Sepazation and Property Settlement Agreement Page 8 whatever reason, either party fails or refuses to execute such affidavit upon the other party's timely request, that party shall indemnify, defend and hold the other harmless from any and all additional expenses, including actual counsel fees resulting from any action brought to compel the refusing party to consent. Each party hereby agrees that a legal or equitable action may be brought to compel him or her to execute a Consent form and that, absent some breach of this Agreement by the proceeding party, there shall be no defense to such action asserted. 14. Time of Distribution. The assets and interests to be transferred under and pursuant to this Agreement shall be conveyed and transferred to the respective parties immediately upon the execution of this Agreement. All spousal support and other such obligations, including alimony pendente lite, shall immediately terminate. The parties shall cooperate by executing whatever documents aze necessary to effectuate a divorce under §3301(c) or §3301(d) of the Pennsylvania Divorce Code, and this Agreement to cooperate shall be enforceable by an assumpsit action for specific performance. However, upon refusal to consent, all distributed property shall be returned to the party originally in possession, until the time of final Decree. 15. Release. Subject to the provisions of this Agreement, each party has released and discharged, and by this Agreement does for himself or herself, and his or her heirs, legal representatives, executors, administrators and assigns, release, indemnify (including actual legal fees) and discharge the other of and from all causes of action, claims, rights, or demands, whatsoever in law or equity, including equitable distribution, spousal support, alimony, , counsel fees, alimony pendente lite, and expenses which either of the parties against the other ever had, now has, or may have in the future under the Pennsylvania Divorce Code, as amended, or under any other statutory or common law, except any and all causes of action for divorce and all causes of action for breach of any provisions of this Agreement. Each party also waives his or her right to request marital counseling, pursuant to §3302 of the Divorce Code. 16. 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 Sepazation and Property Settlement Agreement Page 9 or future laws of any jurisdiction, to share in the property or the estate of the other as a result of the marital relationship, including without limitation, dower, curtesy, statutory allowance, widow's allowance, right to take in intestacy, right to take against the Will of the other, and right to act as administrator or executor of the other's estate, and any right existing now or in the future under the Pennsylvania Divorce Code, as amended from time to time, and 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 interests, rights and claims. 17. Rights on Execution. Immediately upon the execution of this Agreement, the rights of each party against the other, despite their continuing marital status, shall terminate and be as if they were never married. 18. Breach. In the event of breach of any of the terms of this Agreement, the nonbreaching party shall be paid, as part of any award or judgment against the breaching party, all costs, including actual counsel fees paid to his or her attorney. 19. Incorporation in Final Divorce. The terms of this Agreement shall be incorporated but shall not merge in the final divorce decree between the parties. This Agreement shall survive in its entirety resolving the spousal support, alimony, property and other interests and rights of the parties under and pursuant to the Divorce Code of the Commonwealth of Pennsylvania. This Agreement may be enforced independently of any support order, divorce decree or judgment and its terms shall take precedence over same, remaining the primary obligation of each party. This Agreement shall remain in full force and effect regardless of any change in the marital status of the parties. It is warranted, covenanted and represented by husband and Wife, each to the other, that this Agreement is lawful and enforceable and this warranty, covenant and representation is made for the specific purpose of inducing the parties to execute the Agreement. 20. Additional Instruments. Each of the parties shall from time to time, at the request of the other, execute, acknowledge and deliver to the other party, any and all further instruments that may be reasonably required to give full force and effect to the provisions of this Agreement. Sepazation and Property Settlement Agreement Page 10 21. Separability. In case any provision of this Agreement should be held to be contrary to, or invalid under, the law of any country, state or other jurisdiction, such illegality and invalidity shall not in any way affect the other provisions hereof, all of which shall continue, nevertheless, in full force and effect, and each paragraph herein shall be deemed to be a separate and undisputed covenant and agreement. 22. Entire Agreement. This Agreement contains the entire understanding of the parties and there are no representations, wan anties, covenants and undertakings other than those expressly set forth herein. Husband and Wife acknowledge and agree that the provisions of this Agreement with respect to the distribution and division of marital and separate property are fair, equitable and satisfactory to them, based on the length of their marriage and other relevant factors which have been taken into consideration by the parties. Both parties hereby accept the provisions of this Agreement with respect to the division of property in lieu of and in full and final settlement and satisfaction of all claims and demands that they may now have or hereafter have against the other for equitable distribution of their property by any Court of competent jurisdiction pursuant to Section 3502 of the Divorce code or any other laws. Husband and wife each voluntarily and intelligently waive and relinquish any right to seek a Court ordered determination and distribution of marital property, but nothing herein contained shall constitute a waiver by either party of any rights to seek the relief of any court for the purpose of enforcing the provisions of this Agreement. 23. Modification and Waiver. A modification or waiver of any of the provisions of this Agreement shall be effective only if made in writing and executed with the same formality as this Agreement. The failure of either party to insist upon strict performance of the provisions of this Agreement shall not be construed as a waiver of any subsequent default of the same or similar nature. 24. Intent. It is the intent of the parties by this Agreement to fully and finally foreclose any resort to the Courts for relief on the basis of any statute or case law presently existing or which may exist at some time in the future within the Commonwealth of Pennsylvania, including but not limited to equitable distribution, alimony and other relief under the Pennsylvania Divorce Code, as amended. This Agreement has been drafted and accepted on the basis that such resort would constitute a breach under this Agreement, ti .. , . Separation and Property Settlement Agreement Page 11 entitling the nonbreaching party to reimbursement for actual counsel fees. Other than as provided by the terms of this instrument, it is intended that the Court shall treat the parties as if they had never entered into a marital relationship. This Agreement shall be interpreted and governed by the laws of the Commonwealth of Pennsylvania and, where such law is inconsistent, the terms of this instrument shall govern. 25. Voluntary Execution. The provisions of this Agreement and their legal effect have been fully explained to the parties by their respective counsel, and each party aclmowledges that the Agreement is fair and equitable, that it is being entered into voluntarily, with full lulowledge of the assets of both parties, and that it is not the result of any duress or undue influence. The parties aclmowledge that they have been famished with all information relating to the financial affairs of the other which has been requested by each of them or by their respective counsel. 26. Descriptive Headings. The descriptive headings used herein are for convenience only. They shall have no effect whatsoever in dete~ln~ng the rights or obligations of the parties. 27. Agreement Binding on Heirs. This Agreement shall be binding and shall inure to the benefit of the parties hereto, and their respective heirs, executors, administrators, successors and assigns. 28. Reconciliation. Notwithstanding a reconciliation between the parties, this Agreement shall continue to remain in full force and effect absent a writing signed by the parties stating that this Agreement is null and void. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. :, LISA A. BANKERT, Plaintiff vs. SCOTT A, BANKERT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO.OI-4395 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD 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 Section (X) 3301(c) of the Divorce Code. 2. Date and manner of service of the Complaint: July 18, 2002 by certified mail 3. (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: September 27, 2002 by Defendant: September 25, 2002 (b) (1) Date of execution of the Plaintiffs Affidauit required by Section 3301(d) of the Divorce Code: (2) Date of service of the Plaintiffs Affidavit upon the Defendant: 4. Related claims pending: economic claims have been resolved by Property Settlement Agreement dated September 27, 2002, attached to the Decree in Divorce 5. (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 of Plaintiff's Waiver of Notice in 3301(c) Divorce was filed with Prothonotary: Filed contemporaneously herewith Date of Defendant's Waiver of Notice in 3301(c) Divorce was filed with the Prothonotary: Filed contemporaneously LISA BANKERT IN THE COURT OF COMMON PLEAS OF PLAINTIFF CUMBERLAND COUNTY, PENNSYLVANIA V. SCOTT A. BANKERT DEFENDANT • 01-4395 CIVIL ACTION LAW . IN CUSTODY ORDER OF COURT AND NOW, Thursday, July 26, 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, Mechanicsburg, PA 17055 on Tuesday, August 28, 2001 at 1:00 p.m. for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define 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 Abuse orders, Special Relief orders, and Custody orders to the conciliator 48 hours prior to scheduled hearing. FOR THE COURT, BY~ /s/ Dawn S Sunda, Esc~~ 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 accommodafions 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 THIS 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 ;,,~. LISA BANKERT Plaintiff v. SCOTT A. BANKERT Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA No. o i - ir~9s ~CUI(,~~ CIVIL ACTION -LAW CUSTODY ORDER OF COURT AND NOW, ,upon consideration of the attached complamt, it is hereby directed that the parties and their respective counsel appear before Esquire, the conciliator, at ,Pennsylvania, on the day of , at o'clock _ M., for aPre-Hearing Custody Conference. At such conference, an effort will be made to resolve the issues in dispute; or if this cannot be accomplished, to define and narrow the issues to be heard by the court, and to enter into a temporary order. Either party may bring the children who are the subject of this custody action to the conference, but the children's attendance is not mandatory. Failure to appear at the conference may provide grounds for entry of a temporary or permanent order. FOR THE COURT, By Custody Conciliator The Court of Common Pleas of Cumberland County is required by law to comply with the American with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individualshavingbusinessbefore 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP, CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: (717) 249-3166 LISA BANKERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. N0. d l -- 4385 ~~ U i~~~/t-r'1 SCOTT A. BANKERT, CIVIL ACTION -LAW Defendant IN DIVORCE NOTICE TO DEFEND AND CLAIM RIGHTS YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take prompt action. You are warned that if you fail to do so the case may proceed without you and a decree of divorce or annulment maybe 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 mamage, you may request marriage counseling. A Gst of marriage counselors is available in the Office of the Prothonotary at Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, Pennsylvania 17013 IF YOU DO NOT FILE A CLAIM FOR ALIMONY, DIVISION OF PROPERTY, LAWYER'S FEE5 OR EXPENSES BEFORE A DIVORCE OR ANNULMENT IS GRANTED, YOU MAY LOSE THE RIGHT TO CLAIM ANY OF THEM. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PENNSYLVANIA 17013-3387 (717) 249-3166 LISA BANKERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. SCOTT A. BANKERT, IN DIVORCE. Defendant COMPLAINT IN DIVORCE The Plaintiff, Lisa Bankert, brings this action in divorce against the Defendant, Scott A. Bankert, upon a cause of action whereof the following is a statement: 1. PlaintiffisLisaBankert,acitizenofPennsylvania,residingat207EastPortlandStreet, Mechanicsburg, PA 17055. 2. Defendant is Scott A. Bankert, a citizen of Pennsylvania, residing at 215 E. Main Street, Apt. B, Shiremanstown, PA 17011. 3. Plaintiff and Defendant have both been bona fide residents of the Commonwealth of Pennsylvania for at least six (6) months immediately preceding the filing of this Complaint. a. The parties are husband and wife and were lawfully married on October 28, 1989. 5. The marriage is irretrievably broken. 6. Neither Plaintiffnor Defendant is in the military or naval services of the United States or its allies. There has been no prior action for divorce or annulment instituted by either of the parties in this or any other jurisdiction. 8. The parties are the pazents of one child under the age of 18 years, Emma Elizabeth Bankert, DOB 9/14/96. 9. The Plaintiff has been advised of the availability of counseling and of the right to request that the Court require the parties to participate in counseling and does not request same. (See Affidavit, attached.) COUNTI Request for a No-Fault Divorce under Section 3301(c) of the Divorce Code 10. The prior pazagraphs of this Complaint are incorporated herein by reference thereto. 11. After ninety (90) days have elapsed from the date of the filing of this Complaint, Plaintiffintends tofile anaffidavit consenting to a divorce. Plaintiffbelievesthgt Defendant may also file such an affidavit. WHEREFORE, if both parties file affidavits consenting to a divorce after ninety (90) days have elapsed from the filing of this Complaint, Plaintiff respectfully requests the Court to enter a decree of divorce, pursuant to Section 3301(c) of the Divorce Code. COUNT II Request for a No-Fault Divorce under Section 3301(,4, of the Divorce Code 12. The prior pazagraphs of this Complaint aze incorporated hereinby reference thereto. 13. The parties have lived separate and apart since April 14, 2001; Husband left the marital residence on June 11, 2001. 14. At the time of hearing, Plaintiff may submit an affidavit that the parties have lived sepazate and apart for at least two (2) years. WHEREFORE, Plaintiffrespectfiillyyequests the Court to enter a decree of divorce pursuant to Section 3301(4) of the Divorce Code. COUNT III Request for Equitable Distribution under Section 3502 of the Divorce Code 15. The prior pazagraphs of this Complaint are incorporated herein by reference thereto. 16. Plaintiff and Defendant have acquired property both real and personal during thew marriage, from October 28, 1989 until April 14, 2001, the date of their separation. 17. Plaintiff and Defendant maybe unable to agree to an equitable distribution of said property. WHEREFORE, Plaintiff prays for the entry of an Order equitably distributing all of the aforementioned property. COUNT IV Request for Counsel Fees and Costs under Sections 3701 and 3702 of the Divorce Code 18. The prior pazagraphs of this Complaint aze incorporated herein by reference thereto. 19. Plaintiffhas employed Marilyn C. Zilli, Esq. of the law firm ofFetterhoffand Zilli, 200 North Third Street, Suite 800, Harrisburg, Pa. 17101 to represent her in this matrimonial cause. 20. Plaintiff requests a contribution from Defendant to pay the necessary counsel fees, costs and expenses of this litigation. 21. Reserving the right to apply to the Court for temporary counsel fees, costs and expenses prior to final hearing, Plaintiffrequeststhgt, after final hearing, the Court order Defendant to contribute to Plaintiff's reasonable counsel fees, costs and expenses. WHEREFORE, Plaintiff respectfially requests that pursuant to Section 3702 of the Divorce Code, the Court enter an Order directing Defendant to contribute to Plaintiffs reasonable counsel fees, costs and expenses. COUNT V Request for Alimony Pendente Lite and Alimony Under Sections 3701 and 2702 of the Divorce Code 22. The prior pazagraphs of this Complaint aze incorporated herein by reference thereto. 23. Plaintiff is unable to sustain herself during the course of litigation. 24. Plaintifflacks sufficient property to provide for her reasonable needs and is unable to sustain herself through appropriate employment. 25. Plaintiffrequvesreasonablesupporttoadequatelymaintainherselfinaccordancewith the standazds of living established during the marriage. 26. Plaintiff requests the Court to enter an award of alimony enp dente life until final hearing and thereafter to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. WI~REFO]tE, Plaintiffrespectfully request the Court to enter an award of alimony enp dente life until final hearing and thereupon to enter an Order of alimony in her favor, pursuant to Section 3701 and Section 3702 of the Divorce Code. Count VI Request for Award of Physical and Legal Custody of Minor Child 27. The prior paragraphs of this Complaint are incorporated herein by reference thereto. 28. The Plaintiffis Lisa Bankert, residing at 207 East Portland Street, Mechanisburg, PA 17055. 29. The Defendant is Scott A. Bankert, residing at 215 E. Main Street, Apt. B Shiremanstown, PA 17011. 30. Plaintiff seeks shared legal'and primary physical custody of the following child: Emma Elizabeth Bankert 207 East Portland Street age 4 yrs. Mechanicsburg, PA DOB 9/14/96 The child was not born out of wedlock. The child is presently in the custody of Plaintiff Mother who resides at 207 East Portland Street, Mechanicsburg, PA . During the past Sve years, the child has resided with the following persons and at the following addresses: Lisa Bankert (Plaintiff Mother) and Scott A. Bankert (Defendant Father) 207 East Portland Street birth until June 11, 2001 Mechanicsburg, PA Lisa Bankert 207 East Portland Street June 11, 2001 to present (Plaintiff Mother) Mechanicsburg, PA The Mother of the child is Lisa Bankert, currently residing a 207 East Portland Street, Mechanicsburg, PA. She is married but separated. The Father of the child is Scott A. Bankert, currently residing at 215 E. Main Street, Apt. B, Shiremanstown, PA. He is married but separated. 31. The relationship of Plaintiff to the child is that of mother. Plaintiff currently resides with the aforesaid minor child. 32. The relationship of Defendant to the child is that of father. Plaintiff believes that Defendant may be residing with his pazamour. 33. Plaintiff has not participated as a party or witness, or in another capacity, in other litigation concerning the custody of the child in this or another court. Plaintiff has no information of a custody proceeding concerning the child pending in a court of this Commonwealth. Plaintiff does not know of a person not a party to the proceedings who has physical custody of the child or who claims to have custody or visitation rights with respect to the child. 34. The best interest and permanent welfare of the child will be served by granting legal and physical custody to Plaintiffbecause Plaintiffhas been and is the child's primary caregiver. 35. Each pazent whose parental rights to the child have not been terminated and the persons who have physical custody of the child have been named as parties to this action. VVI~REFORE, Plaintiff requests the Court to grant her physical and legal custody of the child. Respectfully submitted, Marilyn C. Zilli Attorney for Plaintiff 200 North Third Street Suite 800 Harrisburg, PA 17101 717-232-7722 I verify that the statements made in the foregoing document are true and correct to the bes4 of my knowledge, understanding, and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Date. 7, a~ ~ ~Q~ G~ ISis~n Rd iee Bankert LISA RENEE BANKERT, Plaintiff v SCOTT ALLAN BANKERT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. CIVIL ACTION -LAW IN DIVORCE AFFIDAVTT OF COUNSELING I, Lisa Renee Bankert, being duly sworn according to law, depose and say: 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 Domestic Relations Office, which list is available to me upon request. 3. Being so advised, I do not request that the Court require that my spouse and I participate in counseling pnor 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. §4904 relating to unsworn falsification to authorities. Date: ~ ], 02 DO / Lisa Re ee Bankert CERTIFICATE OF SERVICE A true and correct copy ofthe foregoing document was delivered to the person(s) or office(s) listed below by certified mail, receipt requested on the date indicated, as follows: Mr. Scott A. Bankert 215 E. Main Street, Apt. B Shiremanstown, PA 17011 Date: (ll ~~ `~ 7000 0600 0028 3157 6436 'mac lam. Marilyn C. Zilli, uire 200 North Third Street Suite 800 Harrisburg, PA 17101 (717) 232-7722 .o .~ LISA BANKERT, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4395 CIVIL TERM SCOTT A. BANKERT, Defendant :CIVIL ACTION-LAW IN DIVORCE AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss: COUNTY OF DAUPHIN I, John W. Purcell, Jr, Attorney for the Plaintiff in the above action, hereby swear and affirm that the Defendant Scott A. Bankert was served on the 18~' day of July, 2001, by certified mail, return receipt requested, deliver to addressee only, a certified copy of the Complaint in Divorce, containing Notice to Defend and Claim Rights in the above action. The return receipt, duly signed by the Defendant is attached hereto and made a part hereof as Exhibit "A". Notarial Seal B~~oyynfta E. Pruseadr N~otarry PublictY My Oommlaelar ExPiraes 6ept' 26 2Q05 Member, Pemi4ldvaulaAssocianonofNotaries .,,,,gym. ~,_~ -i ' r ,~ a Gwmplrvie items 1, 2, and 3. AfSO cr)mafetr? ?;. fi+xeivfl!1 bi' (Fllaape Print Clearly) 6. fJafe c,f [)olivery item 4 rf Restricted C)elivrsry is desired, ~^,;(' ;, f~r ~}' _ ~ryal~ ~C ~, ~ ^'' a punt your name and address on the reuerse ~ SigFwzurexY~-~~- -~-,~ ~ ~~~-~ _~~-~-~-~~~-~-~~- ~~ so that He can return this card to yoia. ,. '~ p,. ~ Fwent ^ Attach this cant to the beck cf the mailf;ieca:, - A _:,fN rx cn the front if space pP.mUts, ~i ~~ ~~Z~;G.e:~~J~~~~""' ("7 frkkcs.~e;- f ~atu:la Ad+.tresxd ttr' w.. ~~~ ~~~~~~ ~~ ~ _.._ _m.... P;' Is dclvcr,, a~lrLess diifcr L ihuJ,S l y ~ Yc'+^„ r If YES entry tlc9ire ed~+d~ss~IT~ya' ,, C7 N.:" Scr>tt A. Bankert ,~,~ n , F?15 B,.Niain Str.eeL°°. Apt. F3 ;r, =3~a~ ;.:-) , ~..; ShireJnanstown, YA 17011 nu Fnr'rrr 3$11. July 15+9A P.ainestrc Fleturri Flocalrrt roz cs.vsi~n rtus 3. luiicle. Number7Ccpy tr.>rn service ktY~e!} 7000'0600 0028.3157 643E rn __ . _..~ ~y" CIi611' NIL9_ FA 1lEDfI _,n .............. _ ._. r ,....,.,.~., .v 89..3 [T1 c r:c.... ~ va ,~„ k, rf ~.i~~r 1 ~0 0s ~ ~I~rrior cmnt Fr,*nurai) n ......... _. ~g--_._.._.-_ ,~ Trl^:x~yvhi ~ `04¢603 r: r~ :,, r - ------~ ,11 -R pcro Mara., v .'. i ~ f~ .. S~S3t~,.A Bankert ;, _. B X215 E -Main Street, Apt _....~ r.1 -. _ . _. ..._, .. r'x r ` , "i- 17011 r-- Shxremanst~ 3. 3ern~ine. Type ~, - 5 ~a~;' C'9CCortifled M1.4ail r a C1 ~' letirf Rr;gistereU L7 Pn:,hirn FkxEipt /nr tAa;rcharrdise _^ insurcrJ M[tiJ ^ C.C).[S, _ ^._._~- ~ ...~_.. d. Rastricrztl L7elivnrY' 1'G.r'ira Ferzl [,] 1`es- ~..`CFTlhli n~n LISA BANKERT, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4395 CIVIL TERM SCOTT A. BANKERT, :CIVIL ACTION-LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the divorce Code was filed on July 19, 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 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 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 this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: is Bank r LISA BANKERT, : IN THE COURT OF COMMON PLEAS Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. NO. 01-4395 CIVIL TERM SCOTT A. BANKERT, :CIVIL ACTION-LAW Defendant : IN DIVORCE AFFIDAVIT OF CONSENT A Complaint in Divorce under Section 3301 (c) of the divorce Code was filed on July 19, 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 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 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 this Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. Date: ~~ ~ ~-~ Y ~. colt A. Ba kert r "• 81.V~ ~ ~ ~~41 LISA BANKERT, Plaintiff v. SCOTT A. BANKERT, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA NO. 01-4395 Civil Term CIVIL ACTION -LAW IN DIVORCE ORDER As per the parties' Stipulation, IT IS HEREBY ORDERED AND DECREED as follows: 1. Mother is Lisa Bankert, residing at 207 East Portland Street, Mechanicsburg, PA 17055. 2. Father is Scott A. Bankert, residing at 215 E. Main Street, Apt. B, Shiremanstown, PA 17011. 3. The parties are the parents of one minor child, Emma Elizabeth Bankert, DOB 9/14/96, age 4 years, 11 months. 4. Mother shall have sole legal custody of the child. 5. Mother shall have sole physical custody of the child. 6. Father's visitation with the child shall be waived. By the Court: /?LSx.o~ ~-~ Zobl Dat- e I. .~ LISA BANKERT, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA v. NO. 01-4395 Civil Term SCOTT A. BANKERT, CIVIL ACTION -LAW Defendant IN DIVORCE CUSTODY STIPULATION Mother is Lisa Bankert, residing at 207 East Portland Street, Mechanicsburg, PA 17055. 2. Father is Scott A. Bankert, residing at 215 E. Main Street, Apt. B, Shiremanstown, PA 17011. 3. The parties are the parents of one minor child, Emma Elizabeth Bankert, DOB 9/14/96, age 4 years, 11 months. 4. Mother shall have sole legal custody of the child. 5. Mother shall haue~hys~cal custody ofthe child. 6. Father's visitation with the child shall ~~ a~~ to ~roZ®D] Date AUG 2 001 ~ r, l LISA BANKERT, : IN THE COURT OF COMMON PLEAS OF Plaintiff :CUMBERLAND COUNTY, PENNSYLVANIA vs. 01-4395 civil action law SCOTT A. BANKERT, Defendant : IN CUSTODY ORDER OF COURT AND NOW, this 13th day of August, 2001, the Conciliator, being advised by Plaintiff's counsel that all custody issues have been resolved by agreement of the parties, hereby relinquishes jurisdiction in this case. The Custody Conciliation Conference scheduled for August 28, 2001 is canceled. FOR THE COURT, Dawn S. Sunday, Esquire Custody Conciliator ~,