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HomeMy WebLinkAbout07-7628i' KRISTIE L. SULLENBERGER, Plaintiff VS. FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 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 foregoing 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 in 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 the divorce is indignities or irretrievable breakdown of the marriage, you may request marriage counseling. A list of marriage counselors is available in the Office of the Prothonotary at: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 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 THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone: (717) 249-3166 KRISTIE L. SULLENBERGER, Plaintiff vs. FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. D IN DIVORCE NOTICE OF AVAILABILITY OF COUNSELING TO THE WITHIN-NAMED DEFENDANT: You have been named as the Defendant in a Complaint in a divorce proceeding filed in the Court of Common Pleas of Cumberland County. This notice is to advise you that in accordance with Section 3302 (d) of the Divorce Code, you may request that the court require you and your spouse to attend marriage counseling prior to a divorce being handed down by the court. A list of professional marriage counselors is available at the Domestic Relations Office, 13 North Hanover Street, Carlisle, Pennsylvania. You are advised that this list is kept as a convenience to you and you are not bound to choose a counselor from this list are to be borne by you and your spouse. If you desire to pursue counseling, you must make your request for counseling within twenty days of the date on which you receive this notice. Failure to do so will constitute a waiver of your right to request counseling. All necessary arrangements and the cost of counseling sessions KRISTIE L. SULLENBERGER, Plaintiff VS. FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 0.1. 76Z-f Z, Tom,..... IN DIVORCE COMPLAINT IN DIVORCE AND NOW comes the above-named Plaintiff, KRISTIE L. SULLENBERGER, by her attorney, Samuel L. Andes, and makes the following Complaint in Divorce: 1. The Plaintiff is KRISTIE L. SULLENBERGER, an adult individual who currently resides at 24 Lancaster Avenue in Enola, Cumberland County, Pennsylvania. 2. The Defendant is FREDERICK L. SULLENBERGER, an adult individual who currently resides at 24 Lancaster Avenue in Enola, Cumberland County, Pennsylvania. 3. Both the Plaintiff and Defendant have been bona fide residents of the Commonwealth of Pennsylvania for at least six months immediately previous to the filing of this Complaint. 4. The Plaintiff and Defendant were married on 10 September 1994 in Mechanicsburg, Cumberland County, Pennsylvania. 5. There have been no prior actions of divorce or annulment between the parties. 6. The marriage is irretrievably broken. 7. Plaintiff has been advised of the availability of marriage counseling and the Plaintiff may have the right to request that the Court require the parties to participate in counseling. COUNT I - IRRETRIEVABLE BREAKDOWN 8. The Plaintiff requests this Court to enter a Decree in Divorce. WHEREFORE, Plaintiff requests this Court to enter a Decree in Divorce pursuant to the Divorce Code of Pennsylvania. C.7 COUNT II - EQUITABLE DISTRIBU_ T_[ON 9. During the course of the marriage, the parties have acquired numerous items of property, both real and personal, which are held in joint names and in the individual names of each of the parties hereto. WHEREFORE, Plaintiff prays this Honorable Court, after requiring full disclosure b the Defendant, to equitably divide the property, both real and personal, owned b the y parties hereto as marital property. y COUNT III - COUNSEL FEES AND EXPENSES matter 10. Plaintiff is without sufficient funds to retain counsel to represent her in this . 11. Without competent counsel, Plaintiff cannot adequately prosecute her claims against Defendant and cannot adequately litigate her rights in this matter. 12. Defendant enjoys a substantial income and is well able to bear the expense of Plaintiff's attorney and the expense of this litigation. WHEREFORE, Plaintiff prays this Honorable Court to order Defendant to pay the legal fees and expenses incurred by Plaintiff in this litigation of this action. 4D&I L. Andes Attorney for Plaintiff Supreme Court ID # 17225 525 North 12th Street Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this Complaint are true and correct. I understand that any false statements in this Complaint are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: f (? " ©7 ? 4 1 Lill LI I IE L. LLE ERGER off. ? `" U` O t C-) FYI CJ7 KRISTIE L. SULLENBERGER, Plaintiff vs. FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7628 CIVIL TERM IN DIVORCE NOTICE TO DEFENDANT If you wish to deny any of the statements set forth in this Affidavit, you must file a Counter Affidavit within twenty (20) days after this Affidavit has been served on you or the statements will be admitted. 1. The parties to this action separated in ,.° and have continued to live separately and apart for a period of at least two years. 2. The marriage is irretrievably broken. 3. 1 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. 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: z,-q Nra." &&4 ??. KRISTIE L. S LLENBE ER C) r-9 C= C : CX> ? w a r Kristie L. Sullenberger : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : NO. 2007-7628 CIVIL TERM Frederick L. Sullenberger : CIVIL ACTION - LAW Defendant IN DIVORCE PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY OF SAID COURT: Please enter the appearance of Galen R. Waltz, Esquire, on behalf of the Defendant in the above-captioned case. Respectfully Submitted, TURO LAW OFFICES Date alen R. Waltz, Es Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 { -Ti Lin 3 . ? Kristie L. Sullenberger : IN THE COU T OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2007-76'91.8 CIVIL TERM Frederick L. Sullenberger : CIVIL ACTI N - LAW Defendant : IN DIVORCE 'S COUNTER AFFIDAVIT UNDER THE DIVORC CODE 1. It is denied that the parties to this actio separated in September 2005; to the contrary, the Divorce Complaint was file in December of 2007 and the parties did not separate until Saturday, September 27, 2008. 2. The Defendant opposes the entry of a di orce decree because the parties to this action have not lived separate and apart or a period of at least two years. 3. The Defendant claims economic relief which may include alimony, division of property, lawyer's fees or expenses or of er important rights. I verify that the statements made in this Counter-Affidavit are true and correct. I understand that false statements herein are made subject to the penalties of Pa. C.S. Section 4904 relating to unsworn falsification to uthorities. Sullenberger Cc: Samuel L. Andes, Esquire FICATE I, Galen R. Waltz, Esquire hereby the Defendant's Counter Affidavit under that I served a true and correct copy of 3201(d) of the Divorce Code, by first class, postage pre-paid and depositing same in the United States Mail, first class, postage pre-paid on the V-1- day o 2008, from Carlisle, Pennsylvania, addressed as follows: Samuel L. Ande , Esquire 525 North Twel h Street Lemoyne, PA. 1 043-0168 TURO LAW OFFICES tt Street 7Aftornfor altz, Esquir 1 7013 688 Defendant rat ; ?? ?=- . t.r - ? r t t KRISTIE L. SULLENBERGER, ) Plaintiff ) VS. ) FREDERICK L. SULLENBERGER, ) Defendant ) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7628 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the Court to appoint a Master with respect to the following claims: Divorce ( Distribution of Property Support (_) Annulment Alimony Alimony Pendente Lite (_) Counsel Fees Costs and Expenses and in support of such motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Galen R. Waltz Esquire. 3. The statutory ground for divorce is:. ;3.ma CA") 4. Check the applicable paragraph(s): The action is not contested. (_) An agreement has been reached with respect to the following claims: (X) The action is contested with respect to the above-marked claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take hours _'j_day. 7. Additional information, if any, relevant to this motion: Date: 27 j S 1 L. Ande Attorney for Plaintiff AND NOW Master with respect to the above claims. 2009, E. Robert Elicker, II, Esquire, is appointed BY THE COURT, J. iV ? .? ._ t?.3 y t.` _ - -..,! ?w its' _ art ... ?,. wG,', 11„N ^ z 2099 , - KRISTIE L. SULLENBERGER, Plaintiff VS. FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7628 CIVIL TERM IN DIVORCE MOTION FOR APPOINTMENT OF MASTER Plaintiff moves the Court to appoint a Master with respect to the following claims: ( Divorce ( Distribution of Property Support Annulment Alimony Alimony Pendente Lite (_) Counsel Fees Costs and Expenses and in support of such motion states: 1. Discovery is complete as to the claims for which the appointment of a Master is requested. 2. The Defendant has appeared in the action by his attorney, Galen R. Waltz Esquire. 3. The statutory ground for divorce is: ?a CZ 4. Check the applicable paragraph(s): The action is not contested. An agreement has been reached with respect to the following claims: The action is contested with respect to the above-marked claims. 5. The action does not involve complex issues of law or fact. 6. The hearing is expected to take hours _?_day. 7. Additional information, if any, relevant to this motion: Date: 27 TT,z,,,,h`?P1 Sam 1 L. Andes Attorney for Plaintiff AND NOW qQ11444? oj, , 2009, E. Robert Elicker, II, Esquire, is appointed Master with respect td the above Claims' BY THE T, } CAI J. i y OJ V c. x__, r N KRISTIE L. SULLENBERGER, Plaintiff VS. FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7628 CIVIL TERM IN DIVORCE PETITION FOR EMERGENCY RELIEF AND NOW comes the above-named Plaintiff by her attorney Samuel L. Andes, and petitions the court for emergency relief based upon the following: 1. The Petitioner is the Plaintiff. The Respondent is the Defendant. 2. The parties own various parcels of real estate which include: A. The former marital residence at 24 Lancaster Avenue in Enola, East Pennsboro Township, Cumberland County, Pennsylvania. B. A tract of land located along Routes 11/15 in East Pennsboro Township, Cumberland County, Pennsylvania. C. An equitable interest in property at 18 Dauphin Street in East Pennsboro Township, Cumberland County, Pennsylvania. D. Approximately 50 or 60 acres of undeveloped land in the State of New York. Since the date of the parties' separation, the Defendant has occupied and enjoyed the exclusive benefit of all of the real estate described above. 3. The marital residence is encumbered by two liens: A. A first mortgage owed to Everhome Mortgage Company which requires the monthly payment, with tax and insurance escrows, of approximately $870.00 per month; B. A second mortgage owed to Citizens Bank on which the monthly installments of principal and interest are approximately $460.00. In addition to the above liens, Plaintiff believes that there may be a third lien held by Donald Slike in the approximate amount of $10,000.00, to secure a business debt owed to him by the parties, but that such debt does not require a monthly installment payment. 4. The property located along Routes 11/15 in East Pennsboro Township is encumbered by a loan owed to the Bank of Halifax on which the monthly payments are approximately $1,100.00 per month. 5. The property at 18 Dauphin Street is being purchased by the parties on an installment sales agreement which requires monthly payments of principal and interest of $500.00. 6. Although Defendant has enjoyed the exclusive benefit of the possession and use of all of the real estate owned by the parties, he has failed to make payments on the debts which secure them. Specifically: A. He has made no payments on the mortgage against the marital residence owed to Everhome Mortgage Company since February of 2009 and the arrearage on that debt is approximately $4,300.00 at this time. B. He has failed to make payments on the second mortgage against the marital residence owed to Citizens Bank and the arrearage on that account is approximately $2,300.00. C. He has failed to make payments on the loan owed to the Bank of Halifax which encumbers the property along Routes 11/15 in East Pennsboro Township and the arrearage owed on that account is approximately $4,400.00. D. He has failed to make regular payments on the sales agreement for the property at 18 Dauphin Street. As a result, the arrearage owed on that account is approximately $3,100.00 at this time. 7. Defendant has represented to this Court, in previous filings in this action, that his monthly income, before taxes, is between $10,000.00 and $11,000.00. Based upon that representation by Defendant, it is clear that he can afford to make the payments owed on the above properties. 8. By virtue of Defendant's failure to pay the mortgage installments and other debt-servicing charges, and the resulting default on those obligations, the credit rating of both parties has been and will be injured and the parties face the potential loss of the properties at foreclosure or some other execution by the mortgage-holders. 9. Plaintiff, who must pay rent and other expenses for herself and her child while the child is living with her, does not have the funds available to make the mortgage payments against the residence. 10. Defendant is currently residing in the marital residence, using the property at 18 Dauphin Street for a business office, and using the property along Routes 11/15 for his business as well. As a result of that, Plaintiff believes it is only reasonable that Defendant make the payments necessary to preserve these assets. 11. Plaintiff believes that Defendant is refusing to make these payments in an effort to coerce her into accepting a financial settlement in this divorce action which is not to her advantage. 12. Prior orders in this case have been entered by the Honorable M.L. Ebert. 13. Defendant has not concurred in the relief requested by Plaintiff in this petition. WHEREFORE, Plaintiff prays this Court to: A. Order and require Defendant to make all installment payments on the debts outlined above which encumber the marital assets of the parties; B. Order and require Defendant to make all back payments due on those loans immediately so as to preserve what is left of Plaintiffs credit rating; and C. Order the prompt sale of the properties to generate the funds necessary to satisfy all of the obligations and clear Plaintiff of any further responsibility to pay those obligations; D. Order and direct such other action as the Court deems appropriate and equitable to preserve Plaintiffs interest in these assets. Sam L. Andes Attorney for Plaintiff Supreme Court ID # 17225 P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unswom falsification to authorities). Date: ?-Z 9-09 K ISTIE L. S LENBE R CERTIFICATE OF SERVICE I hereby certify that on 5 R?9?st 2009, I served a copy of the foregoing document upon counsel for Defendant by U.S. Mail, postage prepaid, addressed as follows: Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 Z 09 kUG 1 I Ph 2' 5 8 AUG 1 8 2009 q KRISTIE L. SULLENBERGER, Plaintiff VS. NO. 2007-7628 CIVIL TERM FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW IN DIVORCE RULE TO SHOW CAUSE tih AND NOW, this day of p1J 2009, upon consideration of the attached Petition, a Rule is hereby issued upon the Plaintiff to show cause, if any he has, why the relief requested therein should not be granted. Rule returnable O days from service upon Plaintiff's counsel of record. Distribution: BY THE COURT, \\ -? ?A J. nuel L. Andes, Attorney for Plaintiff, P.O. Box 168, Lemoyne, PA 17043 len R. Waltz, Attorney for Defendant, 28 South Pitt Street, Carlisle, PA 17013 f a o OF THE FRS. THOAnTARY 2009 AUG 20 Ali 8: 18 KRISTIE L. SULLENBERGER, Plaintiff VS. FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7628 CIVIL TERM IN DIVORCE MOTION TO COMPEL PAYMENT AND NOW comes the above-named Plaintiff by her attorney Samuel L. Andes, and files the following motion to compel payment of certain marital obligations, based upon the following: 1. The moving party herein is the Plaintiff. The Respondent is the Defendant. 2. On or about 15 August 2009, Plaintiff filed a Petition for Emergency Relief in which she requested this Court to compel the Defendant to pay mortgages and other obligations which constituted liens against marital real estate which were occupied or used by Defendant. In response to that petition, this Court issued a Rule to Show Cause upon the Defendant which has, since issuance, been properly served upon Defendant's counsel of record. 3. Since filing that petition, Plaintiff has learned that Defendant sold one of the tracts of marital real estate and realized, from that sale, net proceeds in excess of $50,000. The property sold was a tract of approximately 60 acres of real estate situate in New York State (hereinafter the "New York real estate"). 4. Defendant has claimed to Plaintiff that he made payments on the debts which constitute liens against some of the marital real estate owned by the parties. As yet, Plaintiff has not been able to verify whether those payments were made. 5. After making the payments he claims to have made, Defendant claims to have $14,000 left from the proceeds of the sale of the New York real estate. 6. One of the parcels of marital real estate in this case is a property, improved with a dwelling house, situate at and known and numbered as 18 Dauphin Street in Enola, East Pennsboro Township, Pennsylvania. The parties are purchasing their interest in that property pursuant to an installment agreement of sale, dated 23 March 2001, in which the sellers are Ronald and Donna Gates, and the buyers are Plaintiff and Defendant. A copy of the installment sales agreement is attached hereto and marked as Exhibit A (and is hereinafter referred to as the "Agreement") 7. Defendant occupies the property at 18 Dauphin Street and uses it to conduct his vehicle towing business. Defendant, alone, derives all benefit from the property and from the parties' equitable interest in it which they have obtained through the Agreement. 8. Defendant, however, denies that the property at 18 Dauphin Street is a marital asset. He contends that the Agreement is no longer valid because he did not pay the balance owed under the agreement within the time originally set by the Agreement. 9. The sellers, Ronald and Donna Gates, however, have confirmed that the agreement is still valid and have demanded that Defendant make back payments of principal and interest as due under the Agreement. They have advised Defendant, however, that if he does not make payment of $4,223.85, which is the amount he is in arrears on the Agreement, at this time, they will terminate the parties' interest in the property. 10. Plaintiff believes that the property at 18 Dauphin Street is a significant marital asset. She believes that Defendant is attempting to dissipate the property so it will no longer be a marital asset by failing and refusing to make the installment payments to Mr. and Mrs. Gates. Defendant is doing this while occupying and using the property on a daily basis. 11. Because of the proceeds of the sale of the New York real estate, the parties now have sufficient funds to pay in full the arrearage owed to Mr. and Mrs. Gates under the Agreement. 12. If the payments are not made to Mr. and Mrs. Gates, as required by the Agreement and their demand for payment, the parties will lose a valuable marital asset. 13. Prior orders in this matter have been entered by the Honorable M. L. Ebert, Judge of this court. In fact, Judge Ebert currently has pending before him the petition for emergency relief to which reference is made in this motion. 14. Defendant does not concur in the Plaintiff's request for relief. WHEREFORE, Plaintiff moves this Court to order and direct Defendant to make immediate payment of the full arrearage owed to Ronald and Donna Gates from the proceeds of the sale of the New York real estate, which proceeds Defendant continues to hold. Samuel L. Andes Attorney for Plaintiff Supreme Court ID # 17225 P.O. Box 168 Lemoyne, Pa 17043 (717) 761-5361 I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. 4904 (unsworn falsification to authorities). Date: Z- 5_.e4. zoc°1 SAMUEL L. ANDES CERTIFICATE OF SERVICE I hereby certify that on Z Sinn -e- 2009, 1 served a copy of the foregoing document upon counsel for Defendant by U.S. Mail, postage prepaid, addressed as follows: Galen R. Waltz, Esquire 28 South Pitt Street Carlisle, PA 17013 1:7??ta Samuel L. Andes Attorney for Plaintiff Supreme Court ID 17225 P.O. Box 168 Lemoyne, PA 17043 (717) 761-5361 INSTALLMENT AGREEMENT OF SALE THIS AGREEMENT, made this ? `-A day of March koo I by and between: tt Or\a? Go-4 e? 1 .JC; n n C ? 4,C s ,party(s) of the first part, hereinafter referred to as "Seller(s)" - AND SLL(Ie-n 6erger Kr."s+? 5? l? en l7er?er I-r?d ,party(s) of the second part, hereinafter referred to as "Buyer(s)", WITNESSETH: WHEREAS, Seller(s) presently own(s) a tract of real estate, with reside ti al improvements thereon erected, all situate at I f E 0"Ae;n St,, Ens, (?- Pennsylvania, more particularly described in Exhibit "A", attached hereto and incorporated herein by reference thereto, which the Buyer(s) desire(s) to purchase and the Seller(s) desire(s) to sell to Buyer(s), all under the terms and conditions hereinafter set forth. NOW, THEREFORE, in consideration of these premises and the mutual covenants hereinafter contained, the parties hereto, intending to be legally bound hereby, do now covenant and agree as follows: 1. Obligation of the Parties. Seller(s), hereby covenant(s) and agree(s) to sell, and Buyer(s) hereby covenant(s) and agree(s) to purchase all of the Seller(s)' right, title and interest in and to that certain tract of land situate in and Commonwealth of Pennsylvania, together with improvements thereon erected, more particularly described as set forth in Exhibit "A", attached hereto and incorporated herein by reference thereto. 2. Consideration. The purchase price to be paid by Buyer(s) shall be the sum of 0 voo.,Uo to be paid to Seller(s) as follows: A. As earnest money, the sum of OV upon the execution of this Agreement, the receipt whereof is hereby acknowledged. - 1- B. The remainder of together with interest thereon at the rate of per annum to be paid in equal consecutive monthly installments of A 56;0, U0 the first such payment due one (1) month from the date of the execution of this agreement, and on a similar day of each and every successive month thereafter until ; 1 30 oz00 , Said monthly payment shall be cal ulated on a blgge year principal and interest amortization rate, but shall be due and payable in full Line- ( ?. ) years from the date hereof. At such time as interest and principal are paid in full, Seller(s) shall convey to Buyer(s) the premises described herein in fee simple, by deed containing covenants of general warranty, free and clear of all liens and encumbrances, except building and zoning restrictions, conditions and ordinances, easements of record, privileges and rights of public utility or service companies, and all other encumbrances visible upon inspection. Title is to be good and marketable as will be insured by a title insurance company doing business in the Commonwealth of Pennsylvania at standard rates. Buyer(s) shall be responsible for the payment of all costs of title insurance and for recording of deed. 3. Prepayment. Buyer(s) may prepay any part of the unpaid principal balance without penalty for such prepayment, together with interest on such prepayment which shall have accrued to the date of said payment. Any such prepayment shall be applied to the direct reduction of the principal balance. If payment is made in full, together with interest as due, Buyer(s) shall receive from Seller(s) title to the premises. 4. Duties of Buyer(s). After the date of execution and during the term of this Agreement, Buyer(s) covenant(s) and agree(s) as follows: A. To keep the property in good order and repair. B. To pay all water and sewer rents or charges which may now exist or be hereafter imposed, and to provide Seller(s) with written proof of payment. C. To pay all utility costs. -2- D. To pay all municipal assessments attributable to the property. Upon the failure of the Buyer(s) to make such payments on account of charges for a period of more than thirty (30) days, Seller(s) may give written notice of failure to the Buyer(s), and of Buyer(s)' right to cure same within ten (10) days. In the event Buyer(s) shall fail to make payment within ten (10) days, Buyer(s) may be considered in default, and the Seller(s) shall have all rights to proceed with any and alfl remedies at law or equity. In addition thereto, Seller(s) may make payment of the delinquent charges, together with interest or penalties plus a five per cent (5%) accomodation charge, and this total shall be paid by Buyer(s) in addition to any other monthly payments required by this Agreement. 5. Taxes. Buyer(s) shall be responsible for payment of real estate taxes or any amount paid in lieu of taxes, with respect to the property involved, as well as any increases in said amount, as a part of the monthly payment. Seller(s) has(have) the right to require prepayment, in which event the annual amount shall be prorated and payable in equal monthly installments on the same day as the monthly payments required by paragraph 2 of this Agreement. Any notices concerning real estate taxes on the subject premises shall be, if received by Seller(s), forwarded to Buyer(s) withon one (1) week of receipt of said notice, following which Buyer(s) shall pay the taxes and submit proof of payment to Seller(s) within three (3) months of the date of the tax notice. 6. Transfer Taxes. Seller(s) shall pay real estate transfer taxes calculated on the agreed upon consideration in the amount of . Buyer(s) shall pay local real estate transfer taxes calculated upon the stated consideration. Said transfer taxes shall be furnished by the parties at the time of delivery of the deed under the conditions of this Agreement. 7. Possession and Occupancy. Buyer(s) shall be entitled to possession and occupancy o the premises from and after the execution of this Agreement and the payment of all monies required at the time of settlement. B. Casualty Insurance. Buyer(s) agree(s) to secure from a responsible casuality insurance company licensed to conduct business in the Commonwealth of Pennsylvania, at his(their) own expense, a policy of fire insurance with extended coverage -3- provisions, in an original amount of not less than k?gk+V F,J, ThousGnd That insurance policy shall name as insured the Buyer(s) and Seller(s), "as their interest may appear". A copy of contract and evidence that the premium has been paid shall be delivered to the Seller(s). In the event Buyer(s) fail(s) to furnish such policy or continue to maintain same in full force and effect, Seller(s) may obtain the coverage, and premium shall be paid by the Buyer(s) upon demand, as an additional monthly payment. 9. Legal Title. In the event that Seller(s) is/are unable to produce marketable title such as will be insured by a licensed title insurance company subject to the conditions hereinbefore set forth, Buyer(s) shall have the option of taking such title as Seller(s) can provide, without abatement of price, or of being repaid the down payment provided in paragraph 2 and the amount of principal and interest paid by Buyer(s) during the term of this Agreement, less the reasonable rental value of the premises for the period during which Buyer(s) occupied said premises. Upon exercise of his/their options, there shall continue no further liability between the parties hereto. 10. Maintenance and Repairs. Buyer(s) agree(s) that he/they will not permit waste or disrepair to occur, that he/they will at his/their own expense maintain the premises in a reasonable state of repair at all times, and will implement any repairs which from time to time become necessary. 11. Alterations or Improvements. No major improvements or alterations shall be made to the premises without prior written consent of the Seller(s), which consent shall not be unreasonably withheld. Buyer(s) agree(s) that Seller(s), or Seller(s)' agent, shall have the right to enter the premises to conduct an inspection thereof at reasonable times, upon reasonable notice under the circumstances. In the event of Buyer(s)' default of any of the terms of this Agreement, all additions and improvements made to the premises shall be and remain a permanent part of the premises, shall not be removed by Buyer(s), and Buyer(s) shall not be entitled to reimbursement for the costs thereof. If such improvements or alterations were made without the written approval of the Seller(s), Buyer(s) will, at his/their own expense, remove same within thirty (30) days of receipt of written notice to so remove the improvements. In the event of such notice to remove the improvements, Buyer(s) will repair the surfaces from which the improvements were removed in conformity with surrounding surfaces. -4- 12. Structural Changes. All structural changes made to the premises must be approved by the Seller(s) prior to implementation thereof. In the event structural changes are to be made, Buyer(s) shall indemnify Seller(s) for the amount of any judgements, settlements, costs and fees incurred by Seller(s) by reason of imposition of any mechanics' lien or encumbrance which might subsequently effect Seller(s)' interest in the premises: 13. Assignment or Sale. This Agreement may not be assigned by Buyer(s) without the prior written consent of the Seller(s), nor may the premises be sold by the Buyer(s) tQ a third party by means of an installment sales agreement without proper written approval of Seller(s). Approval by Seller(s) shall not be unreasonably withheld. Nothing in this paragraph shall prohibit a sale of the premises by the Buyer(s) to a third party where Seller(s) is/are to receive the full consideration stated herein. In the event of such outright sale, Seller(s) agree(s) to execute all documents required to affect such conveyance. In the event of such a sale, Seller(s) and Buyer(s) agree to divide the cost of Seller(s)', state realty transfer taxes as provided in paragraph 6, and in no event shall the obligation of the Seller(s) for transfer taxes exceed the amount specified. 14. Warranty as to Use and Occupancy. Seller(s) warrant(s) that the premises and its present use are in conformity with federal, state and local laws relative to zoning, building and other laws, ordinances or codes. Seller(s) make(s) no warranty or representation as to the conformity of any future use or occupancy of the subject premises insofar as federal, state or local laws are concerned relative to zoning, building or other laws, ordinances or codes. 15. Condemnation. In the event of condemnation of the subject premises or any portion thereof by a governmental agency, public authority or utility prior to the payment of all the within obligations from Buyer(s) to Seller(s), the payment of damages for the "taking" shall be divided between the Buyer(s) and Seller(s) "as their respective interest then may appear." 16. Default. If the Buyer(s): A. Do/does not pay in full when due all monthly installments or charges included or agreed to be treated or collected as monthly payments, and or any other charge, expense or cost agreed to be paid by Seller(s); or B. Violate(s) or fail(s) to perform any covenant or agreement herein contained; or -5- C. Vacate(s) the property for a period in excess of three (3) months without making payments when due; or D. Become(s) insolvent or make(s) an assignment to the benefit of creditors, or are debtors in a petition in- bankruptcy, either voluntary or involuntary, under state or federal law. In the event that Buyer(s) fail(s) to cure the default within thirty (30) days. Seller(s) may elect to treat this Agreement as void, and Seller(s) or Seller(s)'iagent may immediately reenter and repossess the property, retaining whatever sums may have been paid hereunder, orany improvements which may have been made to the property, and all rents, title and interest of Buyer(s) shall terminate; Buyer(s) shall be debased from all rents, remedies and actions within law or equity, founded upon or existing under this Agreement; such sums and improvements so retained by Seller(s) shall be considered rental revenue generated by the property from the time:of occupation by Buyer(s) to vacation thereof. All payments subsequently falling due shall be cancelled. 17. Confession of Judgement. In the event of default of payment of any sum of pri.ncipa or interest, taxes, insurance premiums or other charges as herein agreed to be paid for the space of thirty (30) days after the same shall become due and payable by the terms hereof, or the breach of any other of the terms of this Agreement, the whole of said principal sum, at the sole option of the Seller(s), shall become due and payable forthwith, anything hereinbefore contained to the contrary notwithstanding. In such case of default, Buyer(s) hereby authorize(s) and empower(s) any attorney of any Court of record in the Commonwealth of Pennsylvania or elsewhere to appear for them (Buyer(s)) and confess a judgement in favor of Seller(s) for the entire principal sum and interest remaining unpaid hereon, together with a ten per cent (10%) attorney's commission or fees, hereby waiving the right of exemption and inquisition so far as the land herein described, and any property or building thereon may be concerned: Said Seller(s), at Seller(s)' sole option, among other remedies available to Seller(s), may proceed by Action of ejectment on this Agreement after default made as aforesaid for recovery of the premises: in such case, Buyer(s) hereby authorize(s) and empower(s) any attorney of any Court of record in the Commonwealth of Pennsylvania or elsewhere to appear for Buyer(s) and confess judgement of ejectment in favor of Seller(s), and authorize(s) the immediate issuing of a Writ of -6- Possession and Execution (without asking leave of court) for the costs and ten per cent (10%) attorney's commission or fees, waiving all stay and exemption laws. 18. Applicable Law. This Agreement shall be deemed to have been executed and delivered in the Commonwealth of Pennsylvania and the terms of this Agreement shall be governed by, construed and enforced in accordance with the laws of the Commonwealth of Pennsylvania in effect at the time of the execution hereof and as they have been amended subsequently. 19. Ndtices. All notices and other communications shall be given in writing, sent by certified mail, return receipt requested, to: If the Seller(s) pa_ 1-10'z`S If the Buyer(s) - d-4 ?an?as?er Aje%, Eno lal ?a• 1-10.2.5' 20. Entire Agreement. This document contains the entire agreement between the Buyer(s) and Seller(s); there are no representations, warranties, covenants, terms or conditions, except as specifically set forth herein. This Agreement may not be amended except in writing signed by the parties. 21. Settlerment Date. Settlement shall be accomplished on or before Aer; ( 3o, d-ooa , or any extension of that settlement date agreed to by the parties hereto, in writing. 22. Merger. This Agreement merges all negotiations between the parties. 23. Binding Agreement. This Agreement shall extend to and be legally binding upon the parties, their respective heirs, executors, administrators and assigns. 24. Waiver and Descriptive Headings. The failure of either party to insist upon strict enforcement of any provisions of this Agreement shall not constitute a waiver of the right to enforcement of that provision or of any other provision. The descriptive headings used herein are for convenience only and they are not intended to indicate all of the matter in the sections which follow them. Accordingly, they have no effect whatsoever in determining the rights and obligations of the parties hereunder. -7- IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals on the day and year first above written. WITNESS: ' (SELLER) !' ?SELLER) G (BUYER) (BUYER) CA) 0. ....7 d4 t at "/. , 4. Kristie L. Sullenberger : IN THE COURT OF COMMON PLEAS Plaintiff : CUMBERLAND COUNTY, PENNSYLVANIA V. : No. 2007-7628 CIVIL TERM Frederick L. Sullenberger : CIVIL ACTION - LAW Defendant : IN DIVORCE ANSWER TO PETITION FOR EMERGENCY RELIEF AND RULE TO SHOW CAUSE AND NEW MATTER AND NOW comes Defendant, Frederick L. Sullenberger, by and through his Attorney Galen R. Waltz and avers the following: 1. Admitted. 2. .Admitted. A. Admitted. B. Admitted. C. Denied. It is denied that there is an equitable interest in property at 18 Dauphin Street in East Pennsboro Township, Cumberland County, Pennsylvania; by way of further answer, a written enforceable agreement relative to land is required pursuant to the statue of frauds; in the instant care, no valid written agreement exists. D. Admitted in part and denied in part. It is admitted that there existed 50 or 60 acres of undeveloped land in the State of New York; by way of further answer, the land was sold recently for approximately $50,177.08. Furthermore, it is denied that the defendant has occupied and enjoyed the exclusive benefit of all of the real estate described above; to the contrary, the Petitioner has a key to the marital residence and can come and go on all of the properties as she chooses. 3. It is admitted that the marital residence is encumbered by two liens A. Admitted. B. Admitted. It is denied that a third lien held by Donald Slike is in the approximate amount of $10,000.00; it is believed that the debt is approximately $3,000.00. 4. Admitted. 5. Denied. It is denied that the property at 18 Dauphin Street is being purchased by the parties on an installment sales agreement; to the contrary, although the Petitioner fails to identify a date of any installment agreement of sale, it is presumed that she may be referring to a March 23, 2001 agreement that was never signed by the Petitioner and furthermore, the paragraph 21 of that agreement indicates that a settlement date was to be on or before April 30, 2002 and that has not happened; furthermore no written extension relative to a settlement agreement in writing has been developed. Therefore, the statute of frauds comes into play and there is in effect no binding installment agreement of sale. 6. Denied. It is denied that the Respondent has enjoyed the exclusive benefit of the possession and use of all of the real estate owned by the parties; to the contrary, the petitioner has a key to the marital residence and not only on that real estate, but also on all of the real estate that has been mentioned she has the ability to come and go as she pleases; that she chooses not to enter the real estate is a decision made solely by the Petitioner. A. Denied. Payments were made the end of August and the arrearage was eliminated. B. Denied. Payments were made the end of August and the arrearage was eliminated. C. Denied. Payments were made the end of August and the arrearage was eliminated. D. Denied. It is denied that there is a valid installment agreement that is enforceable; the statue of frauds clearly controls in this matter. 7. Denied. It is denied that the Defendant can afford to make payments on the above properties. Considering that the Petitioner has a sufficient income and is liable on all of the debts and chooses not to make any of the mortgage payments while through her tactic of non-contribution, attempts to bring the Respondent to his knees tc accept all of her terms in the marital settlement. 8. Denied. It is denied that the Defendant failed to pay the mortgage installments or other debt servicing charges that were accrued solely through him; to the contrary, the Petitioner is equally liable in all of the obligations and as a tactic in this equitable distribution, has attempted to force the Respondent to his knees by demanding that he make all monetary payments on all mortgages while she seeks to procure her share of an equitable distribution without the liability of any of those payments. 9. Admitted in part and denied in part. It is admitted that Plaintiff must pay rent and other expenses for herself and her child while the child is living with her. It is denied that she does not have the funds available to make the mortgage payments against the residence; furthermore, the Respondent also must pay rent and other expenses for himself and his child while the child is living with him. 10. Admitted. It is admitted that the Respondent is currently residing in the marital residence and that he does use the property at 18 Dauphin Street for a business office; however, the 18 Dauphin Street business office is secured by rental payments of $500.00 per month. It is also admitted that the Respondent uses the property along Routes 11/15 for his business; however the property on Routes 11/15 is essentially a vacant lot to which the Petitioner is also permitted to use the lot for whatever she sees fit. 11. Denied. It is denied that the Respondent refuses to make any payments for some nefarious motive; to the contrary, it is the Petitioner whose track record evidence a complete failure to contribute towards the mortgage payments for the properties to which she is liable while demanding an unfair share of equity in those properties. 12. Admitted. It is admitted that the Honorable M.L. Ebert issued prior Custody Orders in this case and appointed Master Elicker to develop an equitable distribution. In fact, an initial conference was held before Master Elicker on August 26, 2009 which discussed the very issues that have been raised to this Honorable Court and to which Master Elicker has set a time table relative to satisfaction of those issues. 13. Admitted. NEW MATTER 14. On August 26, 2009, a Conference before Master Elicker was held which involved the attorneys for the parties and time tables were developed at that meeting relative to the same issues that have been raised in this Petition. 15. It is believed, therefore it is averred that this Petition is redundant to a matter that has already been delegated to Master Elicker and attorney time and effort has already occurred in moving towards resolution by the master of the issues that exist within this Petition. WHEREFORE, Respondent prays this Court deny the Petitioner's Request and dismiss the Petition for Emergency Relief since the matter has already been initiated before Master Elicker who has developed timetables relative to resolution of the issues raised within the Petition for Emergency Relief. Therefore, it is hereby requested that the Petition for Emergency Relief be dismissed. Respectfully Submitted, C n R. Waltz, quir Attorney for Defend Supreme Court ID # 39789 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 VERIFICATION I verify that the statements made in this document are true and correct. I understand that any false statements in this document are subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsification to authorities. ?- q - C) Date Fre ric . Sullenberger CERTIFICATE OF SERVICE I, Galen R. Waltz, Esquire hereby certify that I served a true and correct copy of the Answer to Petition for Emergency Relief and Rule to Show Cause and New Matter, by first class, postage pre-paid and depositing same in the United States Mail, first day of 2009, from class, postage pre-paid on the _34 Carlisle, Pennsylvania, addressed as follows: Samuel L. Andes, Esquire 525 North Twelfth Street Lemoyne, PA. 17043-0168 TURO LAW OFFICES alen R. Waltz,, qui Attorney for Defend Supreme Court ID # 39789 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 -C171CE M THE P.0,014ON'TARY 2009 SEP -9 PM 4 * 1 7 KRISTIE L. SULLENBERGER PLAINTIFF V. FREDERICK L. SULLENBERGER DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07-7628 CIVIL IN RE: PLAINTIFF'S PETITION FOR EMERGENCY RELIEF ORDER OF COURT AND NOW, this 11th day of September, 2009, upon consideration of the Plaintiff's Petition for Emergency Relief filed August 17, 2009, and the Defendant's Answer thereto and the Court having been advised by the Divorce Master that the issues presented in the Petition are being dealt with as evidenced by the Master's Pre-Hearing Conference Memorandum of August 25, 2009, IT IS HEREBY ORDERED AND DIRECTED that the Petition for Emergency Relief is DENIED. Aamuel Andes, Esquire Attorney for Plaintiff Galen R. Waltz, Esquire Attorney for Defendant Robert Elicker, Esquire Divorce Master '64 SC1?jgj0e1 bas l ES /'na`t l 13?? 1?p By the Court, ??, ?JA\ M. L. Ebert, Jr., J. RLED-OffiCE OF THE PROTH ,NOTARY 2009 SEP 14 PM 3: 01 KRISTIE L. SULLENBERGER PLAINTIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA V. FREDERICK L. SULLENBERGER DEFENDANT : NO. 07-7628 CIVIL IN RE: PLAINTIFF'S MOTION TO COMPEL PAYMENT ORDER OF COURT AND NOW, this 11th day of September, 2009, upon consideration of the Plaintiff's Motion to Compel Payment and the Court having been advised by the Divorce Master that the issues presented in the Motion are being dealt with as evidenced by the Master's Pre-Hearing Conference Memorandum of August 25, 2009, IT IS HEREBY ORDERED AND DIRECTED that the Motion to Compel Payment is DENIED. Samuel Andes, Esquire Attorney for Plaintiff ,,Galen R. Waltz, Esquire Attorney for Defendant Robert Elicker, Esquire Divorce Master - BPS 61111M bas ifs m?tLL 4 By the Court, sx:?, ut:? M. L. Ebert, Jr., J. OF THE PjROi: -'(-IN' TARY 2009 S£P 14 PIS 3: 01 DEC-15-2009(TUE) 10:03 Samuel Rndes, Esq. KRISTIE L. SULLENBERGER, ) Plaintiff ) VS. ) FREDERICK L. SULLENBERGER, ) Defendant ) (FAX)717 761 1435 P.001/002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7628 CIVIL TERM IN DIVORCE Ar'nPAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(e) of the Divorce Code was filed on 20 December 2007 and servers upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. I consent to the entry of a final decree in divorce after service of a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF_A_R ORCE DECREE UNDER SECTION 3301(c) OF TAY, DIVORCE CODE 1. I consent to the entry of a final decree in divorce without notipe. 2. 1 understand that I may lose rights concerning alimony, division of property, lawyer's lees, 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 arc made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. 12-js- 2- z 0(-)C/ Dated: MAI ER R STIE L. OF THE-- PROTHONOTARY 2009 DEC 15 F 1: 56 UNly '` `' DEC-15-2009(TUE) 10A3 Samuel Andes, Esq. KRISTIE L. SULLENBERGER, ) Plaintiff VS. ) FREDERICK L. SULLENBERGER, ) Defendant ) (FRX)717 761 1435 P.002/002 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANTA CIVIL ACTION - LAW NO. 2007-7628 CTVIL TERM IN DIVORCE AFFIDAVIT OF CONSENT 1. A Complaint in Divorce under Section 3301(c) of the Divorce Code was filed on 20 December 2007 and served upon the Defendant within thirty days thereafter. 2. The marriage of Plaintiff and Defendant is irretrievably broken and ninety (90) days have elapsed from the date of both the filing and service of the complaint. 3. 1 consent to the entry or a final decree in divorce after service or a Notice of Intention to Request Entry of the Decree. WAIVER OF NOTICE OF INTENTION TO REQUEST ENTRY OF A DIVORCE DECREE, UNDE SECTION 3301(c) OF TAW, AliV0I2CE CO1ljE 1. 1 consent to the entry of a final decree in divorce without notice. 2. T 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. 1 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 Fled with the Prothonotary. I verify that the statements made in this Affidavit are true and correct. T understand that false statements herein are made subject to the penalties of 19 Pa. C.S. Section 4904 relating to unswom falsification to authorities. 1 S be-c % Dated: F CK L. SULLENBERGER RLED-OFRCE PR') 2009 DEC 15 I'M 1: 56 a;? ti .` CUMI ?( j -1 IONS &l",, "? Y ti KRISTIE L. SULLENBERGER, Plaintiff VS. - FREDERICK L. SULLENBERGER,: Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 07 - 7628 CIVIL IN DIVORCE ORDER OF COURT AND NOW, this /50 day of , 2009, counsel and the parties having entered into an agreement and stipulation resolving the economic issues on December 15, 2009, the date set for a Master's hearing, the agreement and stipulation having been transcribed, the appointment of the Master is vacated and counsel can conclude the proceedings by the filing of a praecipe to transmit the record with the affidavits of consent of the parties so that a final decree in divorce can be entered. BY THE COURT, - X14 cc: XSamuel L. Andes Attorney for Plaintiff Lorin A. Snyder Attorney for Defendant cptQS M?LLLCCL ???c..foq ire Edgar/'B. Bayley, P.J. FILED-UTICE CF THE PROTHONOTARY 2009 DEC [6 PH 2: 30 CUPS : "-jNT' PE "SYUVANA KRISTIE L. SULLENBERGER, Plaintiff vs. FREDERICK L. SULLENBERGER, Defendant IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2007-7628 CIVIL TERM IN DIVORCE PRAECIPE TO TRANSMIT RECORD TO THE PROTHONOTARY: Transmit the record, together with the following information, to the Court for entry of a divorce decree: 1. Ground for Divorce: Irretrievable breakdown under Section 3301(c). 2. Date and manner of service of the Complaint: Service upon Defendant within 30 days of complaint being filed on 20 December 2007. 3. Complete either Paragraph (a) or (b): (a) Date of execution of the Affidavit of Consent required by Section 3301(c) of the Divorce Code: by Plaintiff: 15 December 2009 by Defendant: 15 December 2009 (b) (1) Date of execution of the Affidavit required by Section 3301(d) of the Divorce Code: (2) Date of filing and service of the Plaintiff's Affidavit upon the Respondent: 4. Related claims pending: None 5. Complete either (a) or (b): (a) Date and manner of service of the Notice of Intention to File Praecipe to Transmit Record, a copy of which is attached: _ (b) Date Plaintiff's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 15 December 2009. Date Defendant's Waiver of Notice in Section 3301(c) Divorce was filed with the Prothonotary: 15 December 2009. Date: 21 December 2009 By Samuel L. Andes Attorney for Plaintiff 11 "i'l ??. El ., i ? '), ? ? ? ? ; , I ? i, te, i ?,, I ? i ?? : ? 1, J KRISTIE L. SULLENBERGER V. FREDERICK L. SULLENBERGER i i t I 1 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 2007-7628 CIVIL TERM DIVORCE DECREE AND NOW, 2,...!±+ ;y , z oa 1 , it is ordered and decreed that KRISTIE L. SULLENBERGER plaintiff, and FREDERICK L. SULLENBERGER , defendant, are divorced from the bonds of matrimony. Any existing spousal support order shall hereafter be deemed an order for alimony pendente lite if any economic claims remain pending. The court retains jurisdiction of any claims raised by the parties to this action for which a final order has not yet been entered. Those claims are as follows: (If no claims remain indicate "None.") The economic issues in this case have been resolved by an agreement of the parties dated December 15, 2009, which is incorporated into, but shall not merge with, this decree. By the Court, J. a4yt- Q? 4 10-70e4